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2003, 09-16 Study Session
Tuesday, September 16, 2003 SUBJECT' 1. Legal Cary Driskell (10 minutes) ?_ Legal Cary Driskell (15 minutes) 3. Legal Cary Driskell (5 minutes) 4. Legal Cary Driskell (10 minutes) 5. Comm Dev. Marina Sukup (20 minutes) 6. Public Works Neil Kersten (20 minutes) 7. FinancclAdmin R. Legislative 9. Parks & Kee 10. Legislative Mayor DcVleming (5 minutes) 11. Legislative Mayor DcVleming (5 minutes) 12. Administration David Mercier (10 minutes) Study Session Agenda, September 16, 2003 AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION CITY HALL AT RFJ)WOOD PLAZA 11707 East Sprague Avenue., First Floor Council Requests Please Turn OfT All Electronic Devices During Council 'Meeting DISCUSSION LEADER Ken Thompson (10 minutes) Mayor DcVleming (10 minutcs) Mike Jackson (15 minutes) ACTIVITY Proposed Nuisance Abatement Ordinance Proposed Resolution Delegating Hearing Examiner re Dangerous Dog Proposed Resolution Providing for Appointment re Spokane Housing Authority Memorandum of Understanding Cable TV Advisory Board Comprehensive Plan Discussion Economic Development Element Wastewater Issues Rudget Discussion Initiative &11, pros and cons CentcrPlace Operational Options Senior Citizen Space Motion to Appoint Representative to the Public Transportation Improvement Conference Advance Agenda Additions City Mnnager Comments GOAL 6:00 P.M. 9/23 Agenda First reading 9!23 Agenda 923 Agenda 9123 Agenda Discussion/Info Discussion/Info Discussion/Info Discussion/Info Discussion/Info Discussion/Info Discussion/Info Discussion/Info Note. At Council Study Sessions, there will be no public comments, except Council reserves the right to request information from the public and staff as appropriate. Page Iof1 Meeting Date: 9 -16 -03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing XX information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Nuisance Abatement Ordinance GOVERNING LEGISLATION: RCW 7.48 PREVIOUS COUNCIL ACTION TAKEN: Study session presentation by staff in May, 2003 BACKGROUND: At the staff presentation in May, there were three types of nuisance issues presented and discussed: junk cars, zoning code compliance issues (illegal businesses and uses) and general nuisances. The Council is currently considering ordinances on the first two, and this is the third. This draft ordinance would regulate such things as excessive noise, accumulations of trash, attractive nuisances, vegetation overhanging roads and sidewalks, smell, dust, etc. Staff has not contacted potentially affected groups because staff was not able to anticipate unintended groups as was the case with the junk vehicle ordinance. A copy of this draft ordinance was sent to MRSC for review and comment, but that will not likely be finished until early the week of September 15. OPTIONS: STAFF CONTACT: Cary P. Driskell CITY OF SPOKANE VALLEY Request for Council Action RECOMMENDED ACTION OR MOTION: Move to place the Proposed Nuisance Abatement Ordinance on the next regular meeting for first reading. BUDGET /FINANCIAL IMPACTS: There may be minor revenue generated. Staff time to respond to complaints. Any excess funds from penalties that are not projected to be needed for abatement within 6 months are to be put in the general fund. ATTACHMENTS: Proposed Nuisance Abatement Ordinance Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROVIDING FOR PROHIBiTION OF NUISANCES AND DESCRIBING VIOLATIONS AND PENALTIES. WHEREAS, the City has the duty and authority to maintain and protect the health, safety and welfare of its citizens; WHEREAS, certain conditions exist on private property that are detrimental to the public interest and interfere with the use and enjoyment of public and private property in the community; and WHEREAS, through nuisance regulations, the City is able to prohibit and abate conditions that exist on property in an effort to improve the quality of life within the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section I. Purpose and intent. The purpose and intent of this Ordinance is to create and maintain a safe and healthy environment for the citizens of the City by identifying and reducing the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance conditions on public and private property. Section 2. Definitions. A. "abate" means to take whatever steps are deemed necessary by the Director to assure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. B. "the City" means the City of Spokane Valley, Washington. C. "days" will be counted as business days when five or less days are allowed to do an act required by this Ordinance. "days" will be considered calendar days when more than five days are allowed to do an act required by this Ordinance. D. "determination of compliance" means a written statement from the Director that the Director has reviewed evidence to determine that the violation(s) has been sufficiently abated as to the nuisance violations) stated in the voluntary compliance agreement, notice of violation, or notice and order. clepd work lileslordinaicesigencal nuisnno^Jproposed admin 9 -9 -03 draft 4 Page 1 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 E. the Director" means the Community Development Director for Spokane Valley, or his/her designee. F. "found in violation" means that: 1. A citation or notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. G. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City of Spokane Valley Ordinance number 57. H. "mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. 1. "nuisance" means the unreasonable or unlawful use by a person of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways, places or bodies of water. J. "person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. K. "person responsible for a nuisance violation" means the person who caused the violation, if that can be determined, and /or the owner, lessor, tenant or other person entitled to control, use and /or occupancy of the property where the nuisance violation occurs. L. "remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. Section 3. Enforcement, authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable nuisance ordinance provisions, the Director may, in response to field observations or reliable complaints, determine that nuisance ordinance violations have occurred or are occurring, and may: cicpd work files/ordinances /general nuisancc/proposcd admin 9 -9 -03 draft 4 Page 2 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 1. Enter into voluntary compliance agreements with persons responsible for nuisance violations; Ordinance; 2. Issue notice of violation and assess civil penalties as authorized by this 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this Ordinance; 4. Order abatement by means of a notice and order, and if such abatement is not timely completed by the person or persons responsible for a nuisance violation, seek a judicial abatement order and charge the reasonable costs of such work as authorized by this Ordinance; 5. Allow a person responsible for the nuisance violation to perform community service in lieu of paying civil penalties as authorized by Section 14(13) of this Ordinance; 6. Forward a written statement providing all relevant information relating to the violation to the Office of City Attorney with a recommendation to prosecute willful and knowing violations as a misdemeanor offense. B. The procedures set forth in this Ordinance are not exclusive. These procedures shall not in any manner limit , or restrict the City from remedying nuisance violations or abating nuisance violations in any other mariner authorized by law. C. 1.n addition, or as an alternative, to utilizing the procedures set forth in this Ordinance, the Director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a nuisance violation. D. In addition, or as an alternative, to utilizing the procedures set forth in this Ordinance, the Director may assess or recover additional civil penalties accruing under this Ordinance by legal action filed in Spokane County District Court by the Office of the City Attorney. E. The provisions of this Ordinance shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this Ordinance from any person causing such violation. F. In administering the provisions this Ordinance, the Director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or c %pd work fikcs /ordinano:stgenerel nuisance /proposed admin 9 -9 -03 draft 4 Page 3 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 omissions on public or private property where no apparent benefit has accrued to such entity or individual from a nuisance violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The provisions of this Ordinance detailing the administration of compliance procedures are not jurisdictional, are intended only for the purpose of providing guidance to City employees, and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged nuisance violation. Failure to meet the guidelines set forth in this Ordinance in any particular case shall not affect the City's authority to enforce City nuisance provisions with regard to that case. H. The Director may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant or other court order, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this Ordinance. It is the intent of the City Council that any entry made to private property for the purpose of inspection for nuisance violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right -of -entry authorized by this Ordinance shall not supersede those legal constraints. I. The Director may request that the police, a fire district, Spokane Regional Health District or other appropriate City department or other non -city agency assist in enforcement. J. The Director is authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the Director determines a complaint is not reliable, the Director is not obligated to conduct a field investigation. Section 4. Nuisances Prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or pennit to exist any public nuisances within the City. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Overhanging limbs or branches that are less than eight (8) feet above a public walkway or sidewalk, or less than fourteen (14) feet above a public street. 2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devises, pursuant to clear view triangle policies promulgated by the Spokane Valley Public Works Director. 3. Any growth of noxious weeds or any toxic vegetation shall be subject to c/cpd work rilestordinances/gcneral nuisancc/propo&cd admin 9 -9 -03 draft 4 Page 4 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 VAC 17.750 as currently adopted and hereafter amended. B. Buildings, Structures. Fences. 1. Buildings or portions thereof which are deemed dangerous by the Spokane Valley Building Code (currently adopted Uniform Code for the Abatement of Dangerous Buildings), provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or the structure's occupants are endangered. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. A.ny object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. 1. All unauthorized signs, signals, markings or devices that are displayed to resemble an official traffic control device. 2. All unauthorized signs, signals markings or devices that are attached in any way to an official traffic control device. B. Bui1dinQ and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current in- progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the Spokane Valley Zoning Code 14.300. F. Fire Hazards. Stacks or accumulations of newspapers, cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire. G. Toxic or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful c /cpd work files /ordinanceslgcncral nuisance/proposed admin 9.9 -03 draft 4 Page 5 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 smoke, soot, fumes, or gases or odors offensive or harmful to persons of ordinary sensibilities. 1. Bodies of Water. 1. Except for city approved structures connected to storm drainage systems, all stagnant, pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, wells, or body of water not subject to the jurisdiction of the Spokane Regional Health District. J. Garbage, Recyclables, Compost, and Infestations. 1. Garbage not kept in a proper receptacle with a tight fitting lid. 2. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure, in the front, back, or side yards of the property. 3. Recyclables not properly stored and regularly disposed of. 4. Creating or maintaining accumulations of matter, including food stuffs, that harbors or is an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects. K. Furniture and Appliances. 1. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure, in the front, side, or back yard of a property. 2. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. L. Holes. Pits. and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of ten or more inches in width at the top and four feet or more in depth. M. Machinery and Equipment. Broken, inoperable, accumulations of or parts of machinery or equipment not in an approved enclosed structure, in the front, back, or side yards of the property. This section excludes nuisance vehicles that are regulated by the Junk Vehicle Ordinance, Spokane Valley Ordinance No. 03 -67. N. Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap c/cpd work fileslordin:urceslgenerat nuisance/proposed admin 9.9 -03 draft 4 Page 6 Proposed administrative draft eeneral nuisance ordinance— C. Driskell Draft 4 — September 9, 2003 a child. 0. Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173 -60 -040, as currently adopted and hereafter amended. 2. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically or permitted by law. 3. The creation of :frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off - highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace, comfort of owners or possessors of real property. 4. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a non - emergency manner to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and continuous grinding, thumping or grading noises from trucks or other commercial vehicles; the engine compression noise from the unmufil.ed or poorly muffled compression braking of trucks; the sound from any motor vehicle audio sound system such as tape players, radios, and compact disk players at voltunes so as to be audible greater than 50 feet from the vehicle itself; and loud, excessive engine or exhaust noise from unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably loud noises. P. Dust. Disturbing the top soil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace, comfort of owners or possessors of real property. . Q. Nuisance Premises. Any premises or structures allowing or maintaining prostitution lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are a prohibited nuisance. Section 5. Initial investigation. A. Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. Low risk case complaints should be acknowledged by sending a letter to the person(s) responsible for the nuisance violation. The letter should state that a violation may have occurred but has not been verified, and should ask. the recipient to contact the person issuing the letter. c /cpd work files/ordinunces/general nuisance/proposed admin 9 -9 -03 draft 4 Page 7 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 B. Advising interested parties of receipt of complaint and/or field investigation. 1. The person responsible for the nuisance violation should be advised of any complaint by personal contact; phone; posting and mail (return receipt requested). 2. The complainant should be contacted by phone, and if possible, in person during the held visit. C. The Director will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the Director shall check the City's records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the nuisance violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. Section 6. Procedures when probable nuisance violation is identified. A. The Director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City regulations, whether or not a nuisance violation has occurred. As soon as the Director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s) responsible for the nuisance violation. B. Except as provided in subsection D, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Director otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five (5) days, and the site shall be re- inspected within fourteen (14) days. C. The guidelines set forth for warnings, notifications and re- inspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions with regard to that case. D. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition that is not likely to be corrected within seventy -two (72) hours, c/cpd work files /ordinances/general nuisance/proposed adrnin 9-9 -03 draft 4 Paee 8 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 or when the person responsible for the nuisance violation knows, or reasonably should have known that the action was a nuisance violation. E. Notice. and orders should be issued in all cases where the Director determines that the violation is unlikely to be fully corrected within seventy -two (72) hours. F. The Director shall use all reasonable means to determine the person actually responsible for the nuisance violation occurring when the property owner has not directly or indirectly caused the violation. 0. If the violation is not corrected, or a voluntary compliance agreement is not achieved within ten (10) days of notification by the Director, a notice and order should be issued. A notice of violation may be issued immediately after field verification of a violation. • H. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant wiio provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice of violations, and notice and orders issued by the Director with regard to the alleged violation. Any complainant may appeal a determination of nuisance ordinance compliance issued by the Director pursuant to Section 19 of this Ordinance. Section 7. Voluntary Compliance Agreements. A. Authority. Whenever the Director determines that a nuisance violation has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for the nuisance violation. Upon contacting the person responsible for the nuisance violation, the Director may enter into a voluntary compliance agreement as provided for in this Ordinance. 1. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice of violation, notice and order or a stop work order and before an appeal is decided pursuant to Section 19 of this Ordinance. 2. Upon entering into a voluntary compliance agreement, a person responsible for a nuisance violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a nuisance violation; and 3. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director. An extension of the time limit for compliance, or a modification of the required corrective action may be granted by the Director if the person responsible for the nuisance violation has shown due diligence or cicpd work files/ordinances/general nuisancciprcposed adrnin 9.903 draft 4 Page 9 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the Director and person(s) who signed the original voluntary compliance agreement. 4. The voluntary compliance agreement is not a settlement agreement. 13. Contents. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a nuisance violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: a. The name and address of the person responsible for the nuisance violation; b. The address or other identification of the location of the violation; c. A description of the violation and a reference to the provision(s) of the Ordinance, which has been violated; d. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; e. The person responsible for the violation agrees that the City may enter the property and inspect the premises as necessary to determine compliance with the voluntary compliance agreement; f. That a civil penalty in the amount of $250 will be imposed ' pursuant to Section 14(A)(1) of this Ordinance if the voluntary compliance agreement is not satisfied; g. An acknowledgement that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice of violation or notice and order, impose any remedy authorized by this Ordinance, enter the property and perform summary abatement of the violation, assess the costs incurred by the City to achieve compliance and to abate the violation, including reasonable legal fees and costs; h. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the Director may charge the unpaid amount as a lien against the property where the nuisance cicpd work files/ordinances/general nuisanvJproposcd admin 9 -9-03 draft 4 Page 10 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 C. Failure to meet terms. violation occurred if owned by the person responsible for the nuisance violation, and that the unpaid amount may be a_joint and several personal obligation of all persons responsible for the nuisance violation; An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the nuisance violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a nuisance violation_ and An acknowledgement that the person responsible for the nuisance violation understands that he or she has the right to be served with a notice of violation or notice and order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice of violation or notice and order, and that he or she is knowingly, voluntarily and intelligently waiving those rights. 1. if the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may enter the property and summarily abate the violation in accordance with the provisions of the voluntary compliance agreement. The person responsible for compliance may, without being issued a notice of violation or notice and order, be assessed a civil penalty in the amount of $250, plus all costs incurred by the City to pursue compliance and to abate the violation. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of violation, or notice and order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not preceding notice of violation or notice and order. 2. The Director may issue a notice of violation or notice and order for failure to meet the terms of a voluntary compliance agreement. Section 8. Notice of Violation - Civil Monetary Penalty. A. Authority. Whenever the Director has determined, based upon investigation of documents and /or physical evidence, that a nuisance violation has occurred, the Director shall assess a civil monetary penalty in the amount of 5250.00 to any person responsible for the nuisance violation. A notice of violation may be issued at any time after the Director receives filed verification that a violation exists. Subsequent complaints shall be treated as new complaints for purposes of this Ordinance. However, such subsequent complaints shall not depd v mtc files /ordinances /general nuisancdpropersed admin 9 -9-03 draft 4 Paee 11 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 constitute a separate violation to which the penalties of this Ordinance apply. B. Effect. 1. A notice of violation represents a determination that a nuisance violation has occurred and that the named party is a person responsible for a nuisance violation. 2. A notice of violation subjects the person responsible for a nuisance violation to the civil penalties prescribed by Section 8A of this Ordinance. 3. The person responsible for a nuisance violation shall either pay the civil penalties assessed within twenty (20) days of the date of issuance of the notice of violation, or appeal the notice of violation pursuant to the procedures in Section 19 of this Ordinance. 4. Failure to appeal the notice of violation within twenty (20) days shall render the notice of violation a final determination that the conditions described in the notice of violation existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation. 5. Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a nuisance violation who are served with notice of the violation. The Office of the City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means. 6. Issuance of a notice of violation in no way limits the Director's authority to issue a notice and order to any person responsible for a nuisance .violation pursuant to this Ordinance. C. Contents. The notice of violation shall include all of the following information: 1. The address, when available, or location of the nuisance violation; 2. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; 3. A statement that the Director has found the named person(s) to have committed a nuisance violation and a brief description of the violation(s) found; violated; 4. A statement of the specific Ordinance provision that was or is being 5. A statement that the notice of violation represents a determination that a clepd work Ides/ordinances /general nuisancdpruposed admin 9 -9 -03 draft 4 Page 12 proposed administrative draft general n,tisance ordinance — C. Driskell Draft 4 — Septerr her 9, 2003 nuisance violation has occurred and that the named party is subject to a civil penalty; 6. A statement of the amount of the civil penalty assessed, that payment of the civil penalties assessed does not relieve a person found to be responsible for a nuisance violations of his or her duty to correct the violation and/or to pay any and al] civil penalties or other cost assessments issued pursuant to this Ordinance, and that the penalty tnust be paid within twenty (20) days, if not appealed pursuant to Section 19 of this Ordinance; 7. A statement of the corrective or abatement action required to be taken; 8. A statement advising that any person named in the notice of violation, or having any record or equitable title in the property against which the notice of violation is issued may appeal from the notice of violation to the Hearin, Exauniner within twenty (20) days of the date of service of the notice of violation; . A statement advising that a failure to appeal the notice of violation within twenty (20) days renders the citation a final determination that the conditions described in the citation existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation; and 10. A statement advising that a willful and knowing violation may be. referred to the Office of the City Attorney for prosecution as a misdemeanor pursuant to Section 18 of ill is Ordinan D - Modification or Revocation. 1. The Director may add to, revok.e in whole or in part, or otherwise modify a notice of violation by issuing a written supplemental notice of violation. 'T'lie supplemental notice of violation shall be governed by the same procedures and tinge limits applicable to all notice of violations contained in this Ordinance. ?- The Director may issue a supplemental notice of violation, or revoke a notice of violation issued under this Ordnance: a. if the original notice of violation was issued in error; b. whenever there i5 new information or change of circumstances; or c. if a party to a notice of violation was incorrectly named- 3. Such revocation or modification shall identify the reasons and underlying facts For modification or revocation, and shall be served on the person responsible for a nuisance violation in conformity with this Ordinance. cicpd nark filesfordinaiecsfgutaal nulsancc}proposrd n1min 9 -9 -03 draft 4 Page 13 Proposed administrative draft general nuisance ordinance — C. IDriskell Draft 4 — September 9, 2003 Section 9. Notice and Orders. A. Authority. When the Director has reason to believe, based on investigation of documents and /or physical evidence, that a nuisance violation exists or has occurred, or that the nuisance violations identified in a notice of violation have not been corrected, the Director is authorized to issue a notice and order to any person responsible for a nuisance violation. The Director shall make a determination whether or not to issue a notice and order within ten (10) days of receiving field verification that a nuisance violation exists. The Director may, at his or her discretion, extend the time for issuance of a notice and order as conditions warrant. Subsequent complaints shall be treated as new complaints for the purposes of this Ordinance. Issuance of a notice of violation is not a condition precedent.to the issuance of a notice and order. 13. Effect. 1. A notice and order represents a determination that a nuisance violation has occurred, that the named party is a person responsible for a nuisance violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. 2. Upon a determination by the Director that a nuisance violation has occurred pursuant to a notice and order, the Director shall impose a minimum civil monetary penalty in the amount of $500.00 for each violation. Section 14(A)(2) authorizes additional civil monetary penalties as set forth in that Section. 3. Any person identified in the notice and order as responsible for a nuisance violation may appeal the notice and order within twenty (20) days according to the procedures described in Section 19 of this Ordinance. 4. Failure to appeal the notice and order within the applicable time limits shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation. 5. •Issuance of a notice and order in no way limits a Director's authority to issue a notice of violation to a person previously cited through the notice and order process pursuant to this Ordinance. C. Contents. The notice and order shall contain the following information: 1. The address, when available, or location of the nuisance violation; 2. A legal description of the real property or the Spokane County tax parcel eicpd work files/ordinances/general nuisance/proposed admin 9 -9-03 draft 4 Page 14 Proposed administrative draft general nuisance ordinance — C. Driskell Drali 4 — September 9, 2003 number where the violation occurred or is located, or a description identifying the property by commonly used locators; 3. A statement that the Director has found the named person(s) to have committed a nuisance violation and a brief description of the violation(s) found; violated; 4. A statement of the specific provision of the ordinance that was or is being 5. A statement that a civil monetary penalty is being assessed in the amount of $500.00 for each separate violation. if appropriate under the circumstances, that an additional civil monetary penalty is being assessed pursuant to Section 14(A)(2), and that any assessed penalties must be paid within twenty (20) days of service of the notice and order; 6. A statement advising that any costs of enforcement incurred by the City shall also be assessed agai.nst the person to whom the notice and order is directed; 7. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be. responsible for a nuisance violation of his or her duty to correct the violation and /or to pay any and all civil penalties or other cost assessments issued pursuant to this Ordinance; 8. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; 9. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the Director may proceed to seek a judicial abatement order from Spokane County Superior Court. In the event of obtaining a judicial abatement order. the City will abate the nuisance, cause the work to be done, and charge the costs thereof as a lien against the property and as a joint and several personal obligation of any persons responsible for a nuisance violation; 10. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the nuisance violation occurred if owned by a person responsible for a nuisance violation, and as a joint and several personal obligation of all persons responsible for a nuisance violation; 11. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within twenty (20) days of the date of service of the notice and order, pursuant to Section 19 of this Ordinance; dcpd work files/ordinances/general nuisance/proposed admin 9-9 -03 draft 4 Page 15 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 12. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation; 13. A statement advising the person responsible for a nuisance violation of his/her duty to notify the Director of any actions taken to achieve compliance with the notice and order; and 14. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution pursuant to Section 18 of this Ordinance. D. Supplementation, revocation. modification. 1. The Director may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this Ordinance. 2. The Director may issue a'supplemental notice and order, or revoke a notice and order issued under this Ordinance: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 3. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation. F. Administrative conference. An informal administrative conference may be conducted by the Director at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. interested parties shall not unreasonably be excluded from such conferences. F. Abatement. In addition, or as an alternative, to any other judicial or administrative remedy, the Director may use the notice and order provisions of this Ordinance to order any person responsible for a nuisance violation to abate the violation and to complete the work at such time and under such conditions as the Director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the Director may seek a judicial abatement order as authorized by this Ordinance. cicpd work files/ordinances/general nuisancc/propos d admin 9 -9 -03 draft 4 Page 16 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 Section 10. Abatement. In addition to the abatement procedures otherwise provided in this Ordinance, the City may proceed with emergency or judicial abatement as warranted by the circumstances. A. Emergency Abatement. Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement: The City may seek judicial process, as deemed necessary, to abate a condition which continues to be a violation of this Ordinance where other methods of remedial action have failed to produce compliance. Section 11. Service — notice of violation, notice and order. A. Service of a notice of violation or notice -and order shall be made on a person responsible for nuisance violation by one or more of the following methods: 1. Personal service of a notice of violation or notice and order may be made on the person identified by the Director as being responsible for the nuisance violation, or by leaving a copy of the notice of violation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and /or occupant of the property may be made by posting the notice of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; 3. Service by mail may be made for a notice of violation or a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the nuisance violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the nuisance violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail is presumed effective upon the third business day following the day the notice of violation or notice and order was placed in the mail. 4. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. B. The failure of the Director to make or attempt service on any person named in the dcpd work files/ordinances/general nuisance/proposed admin 9 -9-03 draft 4 Page 17 1. Notice of violation $250 2. Notice and Orders a. basic penalty $500 b. additional penalties may be added where there is: 1. public health risk — amount depends upon severity $0 -2,500 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 notice of violation or notice and order shall not invalidate any proceedings as to any person duly served. Section 12. Obligations of Persons Responsible for Nuisance Violation. A. It shall be the responsibility of any person identified as responsible for nuisance violation to bring the property into a safe and reasonable condition to achieve compliance. Payment of civil penalties and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. f3. Persons determined to be responsible for a nuisance violation pursuant to a notice of violation or notice and order shall be liable for the payment of any civil penalties and abatement costs. If a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the Director, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. Section 13. Determination of Compliance. . After issuance of a warning, notice of violation, voluntary compliance agreement or notice and order, and after the person(s) responsible for a nuisance violation have come into compliance to the satisfaction of the Director, the Director shall issue a written determination of compliance. The Director shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice of violation or notice and order, as well as the complainant, by certified mail, five -day return receipt requested. Section 1 Civil Penalties. A. Assessment Schedule. 1. Civil penalties for nuisance violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation or notice and order pursuant to the following schedule: cfcpd wort files/ordinances/general nuisance/proposed admin 9 -9-03 draft 4 Page 18 2. history of similar violations (less than three) $0 -1,000 3. history of similar violations (three or more) $0 -5,000 c. the above penalties may be offset by the following compliance 1. full compliance with voluntary compliance agreement with prior . history of 0 -1 similar violations $0 -1,500 2. fitll compliance with voluntary compliance agreement with prior history of two or more similar violations $0 -250 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — Seutember 9.2003 2. The total initial penalties assessed for notice and orders pursuant to this Ordinance shall apply for the first thirty day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal. is filed, the penalties for the next fifteen day period shall be one hundred fifty percent (150 %) of the initial penalties, and the penalties for the next fifteen day period shall be two hundred percent (200 %) the amount of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated in subsection,1 as an additional means to achieve timely compliance. 3. Notice of violations shall be subject to a one -time penalty per violation. The Director retains authority to issue a subsequent notice and order for continued non- compliance. In that event, additional penalties shall be imposed. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a nuisance violation has come into compliance with the voluntary.compliance agreement, notice of violation or notice and order and has provided sufficient evidence of such compliance. 4. Civil penalties shall be paid within twenty (20) days of service of the notice of violation or notice and order if not appealed. Payment of the civil penalties assessed under this Ordinance does not relieve a person found to be responsible for a nuisance violation of his or her duty to correct the violation and /or to pay any and all civil penalties or other cost assessments issued pursuant to this Ordinance. 5. The Director may suspend civil penalties assessed pursuant to subsection 1 if the person responsible for a nuisance violation has entered into and completes a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if corrective action stated in the voluntary compliance agreement is not completed as specified. 6. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a nuisance violation. 7. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County Auditor to claim a lien against the real property for the civil penalties assessed under this chapter if the violation c/cpd work fites/ordinancestenerat nuisance/proposed admin 9 -9 -03 draft 4 Page 19 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 was reasonably related to the real property. Any such lien can be filed under this chapter if, after the expiration of thirty (30) days from when a person responsible for a nuisance violation receives the notice of violation or notice and order (excluding any appeal) any civil penalties remain unpaid in whole or in part. 13. Community Service. The Director is authorized to allow a person responsible for a nuisance violation that accumulates civil penalties as a result of a notice of violation, notice and order, or failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The Director shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. C. Waivers. 1. Civil penalties may be waived or reimbursed to the payor by the Director under the following circumstances: circumstances; or a. The notice of violation or notice and order was issued in error; or b. The civil penalties were assessed in error; or c. Notice failed to reach the property owner due to unusual d. New, material information warranting waiver has been presented to the Director since the notice of violation or notice and order was issued. 2. The Director shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. Section 15. Cost Recovery. A. In addition to the other remedies available under this chapter, upon issuance of a notice and order, the Director shall charge the costs of pursuing compliance and abatement incurred to correct a violation to the person responsible for a violation. These charges include: 1. Reasonable legal fees and costs. For purposes of this Ordinance, "reasonable legal fees and costs" shall include, but is not limited to legal personnel costs, both elepd work files /ordinancesiecncral nuisancelpropc ssod admin 9 -9 -O3 draft 4 Page 20 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 direct and indirect, incurred to enforce the provisions of this Ordinance; and ?. Administrative personnel costs. For purposes of this Ordinance, administrative personnel costs shall include, but are not limited to administrative employee costs, both direct and indirect, incurred to enforce the provisions of this Ordinance; and 3. Abatement costs. The Director shall keep an itemized account of costs incurred by the City in the abatement of a notice and order under this Ordinance. Upon completion of any abatement work, the Director shall prepare a report specifying a legal description of the real property where the abatement work occurred, work done for that property, the itemized costs of the work, and interest accrued; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing or court filing fees. B. Such costs are due and payable thirty (30) days from mailing of the invoice. C. All costs assessed by the City in pursuing compliance and /or abatement create a joint and several personal obligation in all persons responsible for a nuisance violation. The Office of the City Attorney, on behalf of the City, may collect the costs of compliance efforts by any appropriate legal means. D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a nuisance violation pursuant to this Ordinance, file for record with the Spokane County Auditor to claim a lien against the real property for the assessed costs identified in this Ordinance if the violation was reasonably related to the real property. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCNV 60.04, and said lien shall be foreclosed in the same manner as such liens. E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice of violation, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. Section 16. Collection of civil penalties, fees and costs. The Director may use the services of a collection agency in order to collect any civil penalties, fees, costs and/or interest owing under this Ordinance. cicpd work fileslordinancestgenral nuisance/proposed admin 9 -9 -03 draft 4 Page 21 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 Section 17. Nuisance abatement fund — authorized. A. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. 13. Funds needed to abate a nuisance violation by the City shall be obtained from the abatement fund. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. Section 18. Misdemeanor. Any person who willfully or knowingly causes, aids or abets a nuisance violation pursuant to this Ordinance by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed one thousand dollars and/or incarceration for a term not to exceed ninety days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other regulation, the Director may recommend that the Office of the City Attorney file a misdemeanor complaint against the person responsible for a nuisance violation when the Director has documentation or other evidence that the violation was willful and knowing. Section 19. Administrative Appeals. A. Filing Requirements. 1. Any person issued a notice of violation or named in a notice and order, and any owner of the land where the violation for which a notice of violation or notice and order is issued occurred, may file a notice of appeal of the following: a. notice of violation; b. notice and order; 2. A complainant who requests to be kept advised pursuant to Section 6(H) of this Ordinance may appeal a detennination of compliance by the Director. 3. A person that does not meet the requirements of Section 19 (A)(1) or (2) does not have standing to appeal under this Ordinance. 4. Any person filing an appeal under this Ordinance who was issued a notice of violation or notice and order, or is the owner of the land where the violation occurred, shall do c /cpd wort fifes/ordinances /general nuisance/proposed admin 9 -9.03 draft 4 Page 22 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 so by obtaining the appeal form from the Director and filing the completed appeal form with the Director within twenty (20) days of service of the notice of violation or notice and order. A complainant who appeals the determination of compliance by the Director must file any such appeal within twenty (20) days of service of the determination of compliance. 5. Any administrative appeal considered under this Ordinance will be determined by the Hearings Examiner pursuant to Spokane Valley Ordinance 57 as adopted or hereafter amended, unless in conflict with specific provisions of this Ordinance, in which case the specific provisions of this Ordinance shall control. 13. Notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the notice of violation or notice and order. The City shall mail this notice by certified mail, five -day return receipt requested, to the person(s) responsible for a nuisance violation. C. Procedures. 1. The appeal hearing shall be conducted as provided for in Spokane Valley Ordinance 57 as adopted or hereafter amended. 2. Enforcement of any notice and order of the Director issued pursuant to this Ordinance shall be stayed as to the appealing party during the pendency of any administrative appeal under this Ordinance, except when the Director determines that the violation poses a significant threat of immediate and /or irreparable harm and so states in the notice and order. 3. When multiple notices of violations or notices and order have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. D. Final order. 1. Following review of the evidence submitted, the Hearing Examiner shall issue a written order containing findings and conclusions, and shall afFirm or modify the notice of violation or notice and order previously issued if the Hearing Examiner finds that a violation has occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred. 2. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a non - culpable property owner. cicpd %yolk filesIordinance.Jgenerul nuisance/proposed admin 4 -4 -03 draft 4 Page 23 Proposed administrative draft general nuisance ordinance — C. Driskell Draft 4 — September 9, 2003 3. The Hearing Examiner's order affirming, revoking or modifying a notice of violation or notice and order is a final decision, and shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County Superior Court within the time period specified by applicable state law. Section 20. Judicial enforcement. A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of the City, may seek enforcement of the Director's or Hearing Examiner's order by filing a petition for enforcement in Spokane County Superior Court. B. The petition must name as respondent each person against whom the Director seeks to obtain civil enforcement. - C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief., and any other civil remedy provided by law, or any combination of the foregoing. Section 21. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 22. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Sun ATTEST: PASSED by the City Council this day of October, 2003. City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: cfcpd %volt filcsfordinancesfgeneral nuisancelproposed odmin 9 -9-03 draft 4 Page 24 Mayor, Michael DeVletning CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 9, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing XX information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Delegation of authority to hearing examiner regarding dangerous dog issues. GOVERNING LEGISLATION: Ordinance 56 and 57. PREVIOUS COUNCIL ACTION TAKEN: Adoption of Ordinance 56, creating ability to delegate this authority. BACKGROUND: Ordinance 56 adopted the County animal control code provisions. Section 4, established the ability of the Council to delegate its authority to hear matters relating to animal control. When Animal Control determines a dog is dangerous, the owner can appeal to the legislative body. The Council can hear the appeal as an entire body, or delegate that authority to another body, such a single Council member or a hearing examiner. This proposed resolution delegates the authority to the hearing examiner. Nancy Hill, Director of Animal Control, has requested that we quickly determine who will hear such appeals, as several more will be forthcoming in the next week or so. Appeal hearings must be held within 20 days of request for hearing by the appellant under the adopted County Code provision. OPTIONS: Retain the authority to hear the matters, or delegating to a single Council member. RECOMMENDED ACTION OR MOTION: Approve the Resolution BUDGET /FINANCIAL IMPACTS: The hourly cost ($69 per hour) for the hearing examiner. There are approximately 5 -10 such hearings per month. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: Attached proposed resolution. Proposed resolution delegating animal control hearing authority to Hearing Examiner— C.. Driskell Draft two — August 22, 2003 A RESOLUTION OF Tin CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, TON, DELEGATING HEARING AUTHORITY UNDER ORDINANCE NO. 56 TO TH.E TTEARJI G EXAMINER. TER. WI-IEREAS, Spokane Valley passed Ordinance 56 on March 20, 2003, adopting Spokane County Code Chapters 5.04 and 5,1. 2 relating to animal control and dangerous animals; WHEREAS, Ordinance 56, Section 4, states that the City Council shall serve as the administrative hearing body on animal control and dangerous animal matters, or may designate that authority; WffEREA.S, Ordinance 57 adopted a Heating Examiner system, and provides authority for the Hearing Examiner to hear and determine certain types of administrative cases; and WHEREAS, The City Council desires to delegate the authority to conduct and decide administrative hearings pursuant to Ordinance 56 to the Hearing Examiner. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington. as follows: Section 1. The City Council delegates the authority to conduct and decide any administrative hearing arising out of Ordinance 56 to the Hearing Examiner, pursuant to the procedures and rules provided in Ordinance 57. Atte t: Sutton 2. This Resolution shall be in full force and effect five da ys after publication_ Adopted this ` day of September, 2003. City Cleric, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driske]1 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLTJTIOI ] NO. 03- City of Spokane Valley Mayor Michael DeV 1 em ing orC:lOocuments and Setting5lcbainbridgelLa:AI Scttinis\Ternporary Intcrncl PilesIOLK2EVesolutiork de!eg9[ing auLhariLy 10lrearing examiner 8- 22-03 draft 2I , DOCanimal controlires{71u[ ion granting authority to hearing examiner g -22 -03 draft Ewa CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9 -16 -03 City Manager Sign -off: Item: Check ail that apply: ❑ consent D old business 0 new business ❑ public hearing information 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution Providing for Appointment of Member on Spokane Housing Authority GOVERNING LEGISLATION: Spokane \laLley Resolution No 33 PREVIOUS COUNCIL ACTION TAKEN: Adoption of Resolution No. 33 on May 13, 2003. BACKGROUND: Resolution 33 was adopted declaring the need and authorized the Spokane Housing Authority to exercise authority within Spokane Valley. This resolution grants our Mayor the authority to appoint one of the five SHA board members, with confirmation by the Council_ OPTIONS: RECOMMENDED ACTION OR MOTION: Move to adopt the resolution BUDGET /FINANCIAL IMPACTS: Unknown. STAFF DONTA T,Car' Driskell. ATTACHMENTS: Resolution No. , authorizing appointment power by Mayor. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROVIDING FOR APPOINTMENT, MEMBERS OF THE BOARD OF COMMISSIONERS AND OPERATIONAL RULES FOR TITE SPOKANE HOUSING AUTHORITY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO . JOINT CITY /COUNTY HOUSING AUTHORITY CITY OF SPOKANE VALLEY Spokane County, Washington BE LT RESOLVED BY THE CiTY COUNCIL OF THE C1TY OF SPOKANE VALLEY, of Spokane County, Washington: WHEREAS, the City of Spokane Valley, Washington ( "CITY "), is a noncharter code city duly organized and existing under and by virtue of the Constitution and the laws of the State of Washington; and WHEREAS, the Council of the CiTY ( "COUNCIL ") recognizes the public interest in sustaining affordable housing for the residents of the city and the surrounding community; and WHEREAS, by Resolution dated May 13, 2003, COUNCIL recognized the need for low- income housing; and WHEREAS, the Spokane Housing Authority ( "A.UTHORITY ") has provided services within the city limits of the city of Spokane Valley; and WHEREAS, recognition of such geographical service area was recognized by Resolution of' both the City of Spokane and Spokane County deferring appointment to CITY, one member of the Board of Commissioners of the AUTHORITY ( "BOARD ") who works or resides within the city of Spokane Valley; and WHEREAS, every housing authority in the State of Washington is authorized to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such authority pursuant to RCW 35.82.800; and WHEREAS, AUTHORITY has in the past and will in the future, secure the financial aid and cooperation of the federal government and is solely responsible for all debts and operating expenses incurred in the operation of AUTHORITY. NOW THEREFORE, IT IS HEREBY FOUND DETERMINED AND ORDERED as follows: Section I: FINDING OF NECESSITY Upon review of the information before it and after consideration of material provided to it, COUNCIL: makes the following determinations: Page 1 of 6 ASV-FS 11UserslCBainbridgekbainbridge\ Resolutions`resolution spokane housing authority.DOC (a) The affordability of adequate housing for a number of residents within the boundaries of the city of Spokane Valley is an increasing problem; (b) AUTHORITY has entered into a number of agreements with other municipalities within Spokane County to assist with this problem and has had success providing more housing opportunities for low income individuals, but the problem of adequate housing for low income residents of this community still remains; Section 2: AUTHORITY DRAFT (a) Name of Authority. The mane of the Authority shall be and remain "Spokane Housing A uthority." (b) Seal of the Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization as a joint city /county housing authority. (c) Office of Authority. The office of the Authority shall be at such place in the County of Spokane, Washington, as the Authority may from time to time designate by Resolution. The official office of the Authority is presently located at 55 W. Mission, Spokane, Washington. Section 3: APPOINTMENT AND TENURE OF COMMISSION A board of five (5) Commissioners (BOARD) composed of the following shall govern AUTHORITY: (a) Membership of the BOARD. One (1) individual who is directly assisted by AUTHORITY, jointly appointed by the Mayor of the City of Spokane, the Mayor of the City of Spokane Valley, and the Chair of the Board of County Commissioners; Two (2) individuals who work or reside within the city limits of the city of Spokane appointed by the Mayor and confirmed by the Council of the City of Spokane; One (1) individual who works or resides in unincorporated Spokane Country, Washington, appointed by the Board of Commissioners of Spokane County, Washington; One (1) individual who works or resides within the city limits of the city of Spokane Valley, appointed by the Mayor and confirmed by COUNCIL, of CITY of Spokane Valley; (b) Existing BOARD. The term of each appointment shall be for five (5) years on a rotating basis in concurrence with provisions under RCW 35.82.040. With the establishment of the joint city/county housing authority, the following Commissioners and terms shall be certified as follows: Julia Rahrnaan — SHA- assisted Representative 3/15/2006 William Deck —City of Spokane Representative 3/15/2004 Terri Symbol — County of Spokane Representative 3/15/2002 ASV -FS IMUscrsl CBainbridgctcbainbridgc UZcsotutions\resolution spokanc housing authority.DOC Paee 2 of 6 Richard Brittain — City of Spokane Representative 3/15/2005 Janet Bastine — City of Spokane Valley Representative 3/1512008 Any seat vacated prior to the expiration of the term shall be filled by the appropriate jurisdiction and shall be for the unexpired term of that Commissioner's seat. (c) Removal of Commissioner. For inefficiency or neglect of duty or misconduct in office, a Commissioner may be removed by the Mayor (if a City appointee); the Chair of the Board of County Commissioners (if a County appointee); and the Mayor of Spokane and Chair jointly as SHA- assisted representative appointee. A Commissioner may be removed only after having been given a copy of the charges at least ten (10) days prior to the hearing thereon and after having an opportunity to be heard in person or by Council. In the event of the removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the Office of the Secretary. Section 4: OFFICERS DRAFT (a) Officers. The officers of AUTHORITY shall be a Chair, a Vice -Chair and a Secretary who shall be the Executive Director. (b) Chair. The Chair shall preside at all meetings of the BOARD. Except as otherwise authorized by Resolution of the BOARD, the Chair shall sign all contacts, deed, and other instruments made by AUTHORITY. At each meeting, the Chair shall submit such recommendations and information as the Chair considers proper concerning the business, affairs and policies of AUTHORITY. (c) Vice- Chair. The Vice -Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of the resignation or death of the Chair, the Vice -Chair shall perform the duties as are imposed on the Chair until such times as BOARD shall elect a new Chair. (d) Secretary. The Secretary shall be the Executive Director of AUTHORITY and as such, shall have general supervision over the administration of its business and affairs, subject to the direction of AUTHORITY. The Executive Director shall be charged with the management of the housing projects of AUTHORITY. The Secretary shall keep the records of BOARD, shall act as secretary of the meetings of BOARD and record all votes, and shall keep a record of the proceedings of BOARD in a journal of proceedings to be kept for such purposes, and shall perform all duties incident to the office. The Secretary shall keep in safe custody, the seal of AUTHORITY and shall have the power to affix such seal to all contracts and instruments authorized to be executed by AUTHORITY. The Secretary shall have the care and custody of all funds of AUTHORITY, and shall deposit the same in the name of AUTHORITY in such bank or banks as AUTHORITY may select. The Secretary shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of AUTHORITY. Except as otherwise authorized by Resolution of BOARD, all such orders and checks shall be countersigned by the Chair. The Secretary shall keep regular books of accounts showing receipts and expenditures and shall render to BOARD, at each regular meeting (or more often if requested), an account of all AUTHORITY transactions and the financial condition of AUTHORITY. The Secretary shall give such bond for the faithful performance of these duties as BOARD may determine. IISV -FS I ll) scrsl CBninbridgelcbainbridge Viesolutions\resolution spokane housing authority.DOC Pagc 3 of 6 DRAFT The eompensal.ion of the Secretary shall be determined by BOARD, provided that a temporary appoinl:ce selected From among the Commissioners of AUTHORITY shal] serve without. compensation (other than the payment of necessary expenses)_ (e) Other Duties. The officers of AUTHORITY shall perform such other duties and funciious as may from time to time be required by BOARD or the by-laws or rules and regulations of AUTHORITY_ (f) Election of Appointment. The Chair and Vice -Chair shall be elected at the annual meeting of AUTHORITY from among the Commissioners of AUTHORITY, and shall hold office For one (1) year or until their successors are elected and qualified_ The Secretary shall be appointed by AUTHORITY. Any person appointed to fill the office of Secretary, or any vacancy therein, shall have such term as AUTHORITY fixed, but no Commissioner of AUTHORITY shall be eligible for this office except as a temporary appointee_ (g) Vacancies. Should the office of Chair or vice -Chair become vacant, AUTHORITY shall eleel a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the off.ice of the Secretary becomes vacant, AUTT-[ORJ.TY shall appoint a successor as aforesaid. Section 5: MEETINGS (a) Annual Meeting. The annual meeting of AUTI3.ORJTY shall be held on the third Monday of October at 3:30 p.m. at the regular meeting place of AUTH.O.RITY. (b) Re ular Meetings. Regular meetings shall be held without notice at such tirne and place as may from time to time be determined and given public, legal notice. (c) Special Meeting. The Chair of the BOARD may, when deemed expedient, and shall, upon the written request of two (2) Commissioners of AUTHORITY, call a special meeting of the BOARD for the purpose of transacting any business designated in the call. The call fora special meeting may be delivered to each Commissioner of AUTHORITY to either the home or business address at least n ..ro (2) days prior to the date of the special meeting. At such special meeting. no business shall be considered other than as desib fated in the call, but if all of the Commissioners of AUTHORITY are present at a special meeting, any and all business may be transacted at such special meeting. (d) Quorum. The powers of AUTHORITY shal[ be vested in the Commissioners thereof in office from time to time. Three (3) Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjoarn from time to time until a quorum is obtained_ When a quorum is in aliendanec, acl:ion may be taken by AUTHORITY upon vote of the majority of the Commissioners present. (e) Order of Business_ At the regular meeting of AUTHORITY, the following shal] be the order of business: Convening of tceti g ?_ Action on proposed Resotutions and iviotions 1LSV -FS IIUJscrsl CBainbridgeV: bcinbridgeacsaltilions \Tooltiiion spaknnc housing aushor. y.DOC Page 4 of 5 BOARD. DRAFT 3. Consent Calendar Approval of minutes of previous meeting Review of month -end Financial Reports Department reports Resident Group reports News & Notes 4. New Business 5. Unfinished Business 6. Adjournment All Resolutions shall be in writing and shall he copied in a journal of the proceedings of (f) Manner of Voting. The voting on all questions coming before AUTHORITY shall be by voice vote, and the Ayes and Noes shall be entered upon the minui)es of such meeting, except on the election of officers which maybe by ballot. (g) Sub- Committees. Sub- committees may be established by the Chair as a standing or ad- hoc committee. Sub - committees shall consist of two (2) Commissioners. At the request of the sub - comtnitte, AUTHORITY personnel may be assigned by the Secretary. Section 6: AUTH.ORITY FOR OPERATION (a) Statutory. AUTHORITY shall have the legal authority and the complete obligations as set forth in the laws and Constitution of the State of WEtshington. Nothing set forth herein is intended in any way to limit this authority or AUTHORITY'S ability to operate. (h) Assumption of Responsibilities. AUTHORITY assumes all of the contractual and financial liabilities for the Spokane 1-lousing Authority. (c) Professional Services. BOARD of AUTHORITY shall have the authority, from time to time, to appoint the necessary professionals to assist it, including but not limited to legal counsel, underwriting and financial services and other professional assistance deemed necessary. (d) Bylaws. BOARD may adopt, and from time to time amend, bylaws and other rules of operation. (e) Financial Responsibility. AUTHORITY shall be responsible for its own financial and other obligations_ Absent specific action by COUNCIL, CITY shall have no financial or other responsibility For the operation of AUT1 Section 7: GENERAL AUTHORIZATION The Mayor, Chief Administrative Officer and the City Attorney, as agents and representatives of CITY are hereby authorized and directed to do everything necessary to accomplish the acts set forth in this Resolution. \.SV -FS i1UserslCBainbridg lebaiubridge\Rtsolutions \resolution Spokane housingaurhority.DOC Page S o16 Section 8: RATIFICATION OF PAST ACTS All acts as heretofore taken by CITY officers, staff, attorneys and agents consistent with the terns and purposes of this Resolution are hereby ratified, confirmed and approved. ATTEST: Section 9: SEVERABILITY If any one or more of the covenants or agreements provided in this Resolution to be performed on the part of CITY shall he declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this Resolution and shall in no way affect the validity of the other provisions of this Resolution. Section 10: REPEALER All R.csolut.ions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or affect. Section 11: EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. ADOPTED this day of , 2003. Christine Bainbridge, City Clerk APPROVED AS TO FORM: Stanley Schwartz, Interim City Attorney DRAFT CITY OF SPOKANE VALLEY Michael DeVlemi.ng, Mayor ASV- FSI\ Ustrs1CDainbridgelchainbridgc \Resolutionslresolution spokanc housing authority.DOC Page 6 of 6 55 W Mission, Suite 104 Spokane, Washington 99201.2398 RESOLUTION NO. 1 BE IT RESOLVED BY. THE HOUSING AUTHORITY OF THE CITY OF SPOKANE: That the Housing Authority of the City of Spokane be and it hereby is established pursuant to the Housing Authorities Law, as amended, of Washington, and is now authorized to transact business and exercise its powers in its area of operation as defined in said law. After discussion of the resolution, Commissioner Sullivan moved that said resolution be adopted as introduced and read. The motion was seconded by Commissioner Tsutakawa. The question being put upon the final adoption of said resolution, the roll was called with the following result: Ayes: Harry H. Batty, Ronald Springer, Emy Lou Sullivan, Edward M. Tsutakawa, and E. J. McWilliams Noes: None The Chairman declared such motion carried and the resolution finally adopted. Minutes of the meeting of the Housing Authority of the City of Spokane held on the 26th day of May, 1972. Spokane Housing Authority 14Y-LAWS OP THE rrrvs7HG.AIITHORITY OF THE CITY OF SPOKAHP, ARTICLE I TIIE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be "Heusing Authority of the City of Sookanc" Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the nome.of the Authority and the year of its organization. Section 3. Office of Authority. The office of the Authority shall be at such place in tno City of Spokane, Washington, ae the Authority may from time to time designate by resolution.. ARTICLE 2I OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairmen, a Vice - Chairman and a Secretary who shall be executive Director. Section 2. Chairman. The Chairman shall preside at ell meet- ings of the Author Except as otherwise authorized hy resolution of the Authority, the Chairman ahall sign all contracts, deeds and. other instruments made by the Authority. At each meeting the. Chairmen shall suboit such recommendations and information as he may consider proper concerning the.husincas. affairs and policies of the Authority. Section 3. Vice- Chairman. The Vice - Chairman shall perform the duties of the Chairman in the ahsence or incapacity of the Chairman; and in case of the resignation or death of the.Cheirman; the Vice - Chairman shall perform such duties 'as aro imposed on the Chairman until such time as the Authority shall elect a new Chairman. • Section 4. Secretary. The Secretary shall be the Executive Director of tho'Authortty and ae such, shall have general super- vision over the administration of its buoiness and affairs, subject to the direction of tho•AUthority. He shall be charged with the management of the housing projects of the Authnrity. ' The Secretary shall keep the records of the Authority, shall act ae secretary of the meetings of the Authority and record all votes, and shell keep a record of the proceedings of the Authority in a journal of proceedings, to be kept for such purpose, and shall perform all duties incident to his office. He shall keep in safe • custody the seal of the Authority and shell have power to affix such seal to all contracts and instruments authorized to he executed hy the Authority. He shall have the care and custody of all funds .of the Authority and shalt deposit the same in the name of the Authority in such bank or banks as the Authority may select. He•shall sign all orders and. checks for the payment of coney and shall pay out and disburse such moneys under the direction of the Authority.. Except as otherwise authorized by revolution of the Authority, all such orders and checks shall be countersiennd by the Chairman. He shell keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or oftener when requested), ' an account of hie transactions and also of the financial condition of the Authority. He shalt give such bond for the * faithful performance of his duties as the Authority may determine. - The compensation of the Secretary shall be determined by the • Authority, provided that a temporary appointee selected from among the Commissioners of the Authority shall serve without compensation (other than the payment of necessary expenses). • Section 5. Additional Duties. The officers' of the Authority - shall perform such other duties and functions ae from time to time be required by the Authority or the by-laws or rules and roqu- latione of the Authority. • • • . Section 6. Election or Appointment. The Chairman and Vico= ' Chairman shall be elected at the annual meeting of the Authority from.• among the Commissioners of the Authority, and shall hold office for one year or until their euccesaors are elected and qualified: except that the first Chairman who is designated by the mayor, shell hold - office no Chairman until the expiration of his term as Commissioner; The Secretary ehall•be appointed by the Authority. Any person appointed to fill the office of Secretary, or any vacancy therein, shall have such term as the Authority fixes, hut no Commissioner of ' the Authority shall be eligible to this office.except as a temporary _ appointee. Section 7. Vacancies. Should the offices of Chairman or Vice - Chairman become vacant, the Authority shall elect a successor from ita'memberehip at the next regular meeting, and such.eloction shall be- for the unexpired term of said office. When the f ccofaaor of ofi Secretary becomes vacant, the Authority shall appoint as aforesaid. - Section 8:- Additional Personnel. The Authority may from • time to time employ such personnel as iE deems necessary to exercise its powers, duties and functions as prescribed by the Rousing Authorities Law of-Washington and all other laws of the State of Washington applicable thereto. The selection and compensation of such personnel (including the Secretary) shall be determined by the Authority subject to the laws of the State of Washington.' , ARTICLE III MEETINGS Section 1, Annual Meeting. The annual mooting of the Authority shell be held on the 30th day of September at 7 :30 o'clock p.m. at the regular meeting place of the Authority. In the event such date ' shall fell on a Saturday, Sunday or a logal holiday, the annual meet ing shall be held on the next succeeding business day. Section 2. Regular Meeting. Regular meetings shall be held'with out notice at such time and place las y e f ro m t ime t of t i i meu le rd et etj.ag d by resolution of the•Aothority. shall be a'legal holiday, said meeting shall be held on the next . succeeding business day. • . Section 3. Special Meetings. The Chairman of the Authority may, • when he deems it expedient, and shall, upon the written request of two Commissioners of the Authority, call a special meeting of the Authority for the purpose of transacting any buainess designated in the call. The call for a special mooting may be delivered to each Commissioner of the Authority or may be mailed to the business or home address of oath Commissioner of the Authority at Least two days prior to the dote of such special.meetinq. At such special meeting no business shall be considered other than ao designated in the call, but if all of the Commissioners of the Authority are pres ent at a special meeting, any and all business may be transacted at such special meeting. • Section 4. uorum. The powers of the Authority shall be vested in the Commissioners t oroof in office from time to time. Three Commieeionera shall constitute a quorum for the purpose of conducting' its business and exercising its poworo and for all other purposes, • but a smaller number may adjourn from time to time until.a quorum is obtained. When a quorum is in attendance, action may be taken by the Authority. upon a vote of a majority. of the Commissioners prevent. Scotian S. Order of Business. At the regular meeting of the' Authority the following shell be the order of business:' " ' ' • 1. Roll call • 2. Reading and approval. of the minutes of the previous meeting. . 3. Bills and communications. 4. Report of the Secretary. 5. Reports of Committees. 6. Unfinished buetneeo. - 7. New business. 8. Adjournment. ' All resolutions shall he in writing end'Shall be 'copied in a journal of tho proceedings of the Authority. Section 6. Manner of Voting. The voting on all questions coming before tho Authority shall be by roll call, and the ayes and noes shall be entered upon the minutes of such meeting, except on the election of officers which may be by.ballot. ARTICLE IV AMENDMENTS * Amendments to By -laws. The by -laws of the Authority shall be amended only with the approval of at least three of the Commissioners of the Authority at a regular or a special meeting. After discussion of the .resolution, Commissioner Batty moved that said resolution be finally adopted ea introduced and read-. The motion was seconded by Commissioner Springer. • The question ' being put upon the final adoption of said resolution, the roll was called with the following result: Ayes: Harry H. Batty, Ronald Springer, Emy Lou Sullivan, Edward M. Tautakawa, E..J. McWilliams Noes: None The Chairman declared.auch motion carried and the resolution . finally adopted. • - A corporate seal, in tho'form of a circle and bearing the nerve of the Authority and the year of its organization, was then sub- . mittod to the meeting. The following• resolution was then introduced • by Commissioner McWilliams, road in full by the Secretary' pro tom, and considered by the Authority: RESOLUTION NO. 3 ' BR IT RESOLVED BY THE HOUSING AUTHORITY,OF THE CITY • OF SPOKANE: . . • That the seal submitted to this meeting is hereby adopted as the seal of this Authority and the Secretary is hereby authorized and directed to imprint said Beal an the margin of the'minuteo opposite this resolution. ' After discussion of the resolution, Commissioner Sullivan moved that said resolution be finally adopted an introduced and rend. The motion was seconded by Commissioner Batty. : The question being .put upon the final adoption of said resolution, the roll was called with the following result: Ayes: Harry R. Batty, Ronald Springer, Emy Lou,Sullivan,- Edward M. Tsutekawa, E. J. McWilliams ' . ' Noes: None - , • The Chairman declared such motion carried and the resolution • finally adopted. The following resolution wAa then introduced-by Commissioner . McWiliiams,'reed in full by the Secretary pro tem, and considered by the Authority: • RESOLUTION NO; 4 . RESOLUTION DESIGNATING OFFICE • OF THE. HOUSING AUTHORITY Of THE . CITY OF SPOKANE WHEREAS, Section 3 of Article I of the by -Laws of the Housing Authority of the City of Spokane provides that the office of tho • Authority shall be at such place in the City of Spokane, Washington, as may be designated by resolution: now, therefore,. BE I7 RESOLVED BY THE AUTHORITY Of THE CITY OF SPOKANE: That until otherwise provided by resolution, the office • of the Housing Authority of the City of Spokane shall be at the City Hall in the City, of Spokane, Washington. After discussion of the resolution, Commissioner Springer . moved that said reaolution be finally adopted as introduced and read. The cation was seconded by Commissioner Sullivan. The . question being put upon the final adoption of said _resolution, the roll was called with the following result: Ayes: Harry H. Batty, Ronald Springer, Emy Lou Sullivan, Edward M. Teutakawa, E. 'J. McWilliams Noes: None The Chairman declared the motion carried and the resolution finally adopted. - • The following reoolution was then introduced by Commissioner McWilliams, read in full by the Socretary pro tem, and considered by the Authority: • RESOLUTION NO. 5 WHEREAS, Article III of the by -laws of the Housing Authority of the City of Spokane establishes meetings of the Authority: now, - therefore, BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF SPOKANE. That until otherwise provided for by Resolution, Notice • of Meetings as required by the Open Public Meetings Act of 1971, shall he given by timely delivery of advance notice to - the Press Room, City Hall, City of Spokane, Washington. After discussion of the resolution,. Commissioner. Batty moved that said resolution be finally adopted eo introduced and read. The motion was seconded by Commissioner Tsutakawn. The question boing put upon tho final adoption of said resolution, the roll was called with the following result: Ayeo: Harry H. Batty, Ronald Springer, Emy Lou Sullivan, Edward .m. Teutakawa, E. J, McWilliams Noes: one - • The Chairmen declared the motion . carried and the resolution finally Adopted. . The following resolution was then introduced by Commissioner McWilliams, read in full,by the Secretary pro tem, and considered by tho Authority: , • RESOLUTION NO. 6 RESOLUTION DESIGNATING THE TZME AND PLACE OF REGULAR MEETINGS OF THE HOUSING AUTHORITY OF THE CITY OF SPOKANE • • WHEREAS, Section 2 of Article IIr of the by -laws of the'Rousing Authority of the City of Spokane provides that regular meetings may be hold without notice at such time and place as may he determined by resolution of the Authority; now, therefore, BE IT RESOLVED BY THE, ROUSING AUTHORITY OF THE; CITY OF SPOKANE: That until otherwise provided by resolution, the Commissioners of the Housing Authority of the City of 'Spokane shall hold regular meetings at 2:30 o'clock, p.m., on the second Tuesday of each month at the Board Room of Fidelity Mutual Savings Bank. After discussion of the resolution, Cc iieeionor Teutakawa moved that said resolution be finally adopted as introduced and read. The motion wao aeconded by Commissioner Batty. The question being put upon the final adoption. of said resolution, thw roll was ' celled with the Following result: • • Ayes: Harry H. Batty, Ronald Springer, Emy Lou Sullivan, Edward N. Teutakawa, B. J. McWilliams . Noes:•None . The Chairman thereupon declared the motion carried and said resolution finally adopted.. Tho Ch airman'•nnnouncod that it was in order to elect the officers of-the Authority to.eerve until tho next annual meeting. and until thoir aucceeeors were chosen and qualifiod in their. '- steed. Cnmminnioner Betty we placed in nomination for the office of: Vice - Chairman. There appearing to be no other nominations, the Chairman annovncod that a vote would bo in order. A vote was taken with the following.roeult: • Total votes - 4. .. • Voton cast for Commissioner Batty - 4. Commissioner Batty having received a majority of the votes cant, the Chairman declared that the said Commissioner had been duly elected to the office of Vice- Chairman of the Authority. It being determined that the office of Secretary should not be _permanently tilled for the present, it was decidod to select ono of . the Commissionora of the authority to serve as. Secretary in a tem- porary capacity, without compenaation other than for necessary oxpennes.. • Thereupon, it was moved by Commissioner Batty that.Commisaioner Springer be appointed to the office of Secretary, to serve in a temporary capacity, without compensation other than for naconaary expenses, until a permanent appointment had been mado. The motion. was aoconded•by Commissioner Sullivan - and thereupon the Chairman put the question on the adoption of the motion.. A vote was taken - with the following result: . Ayes: Harry.H. Batty, Roy Lou'Sullivan,•Edwrrd•M. Tsutaknwa, ' E. J. McWilliams Noes: None the motion having received the affirmative Vote of a majority of the Commisaioners, the Chairman declared the same duly adopted and Commissioner Springer appointed to the office of Temporary . Secretary of the.Authority.- Chairman Mcwilliams advised the members of the Authority that several people from the Housing and Urban Development office of Seattle had offered to attend a meeting, when a date has bean estab- liehed, to asaiet the Rousing Authority of Spokane in petting • atartad. It was the conannaue that an invitation be extended for tho June 13 meeting. Moebors of the Authority discuaacd methods for funding the Authority, and the legal assistance required. • C Chairman Mcwilliams suggested that the City Plan Commission ' would provide the information needed for the Housing Authority files and for the Commissioners to study. Commissioner Sullivan offered to contact the City Plan Department. • To establish them area in which the flomeinn Authnri.ty of Spokano can operntc, Chairman McWilliams nu.pinarr'A that thr. Secretary secure a map of Spokane County. After discussion of are of need, it was decided to nocure census information including the number of housing units approved and in the process of being built from the City Plan Commission, to develop information on which to hese a decision whether the Authority should levee existing property or construct now dwell- ings. Tho meeting was adjourned. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9 -16 -03 City Manager Sign -off: Item: Check all that apply: Q consent l] old business X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Memorandum of Understanding Re: Cable TV Advisory Board GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Staff report to Council in July, 2003 BACKGROUND: There currently exists a Regional Cable TV Advisory Board, comprised of citizen members appointed by City of Spokane and Spokane County. The purpose of the Board is to collect information for the governmental entities and provide some expert advice on technical issues. The board is purely advisory. Following incorporation, there was discussion about having representatives from SV on the Board. As such, Spokane recently adopted a code provision setting forth representation on the board, with representation based upon numbers of cable subscribers from the three participating jurisdictions, Spokane Valley, Spokane and Spokane County. Under the Spokane code provision, SV would have three members appointed by the Mayor, confirmed by the Council. SV would name members as the three shortest remaining terms expired of the 11 members. Staff is recommending adopting by MOU to avoid the more formal process of adopting its own ordinance. The content of Spokane's ordinance is, in effect, the result of discussions between legal counsel. As such, the proposed MOU covers what SV staff believes to be the pertinent issues. There has been no budget for this committee in the past, and there is no anticipated need for one. The only costs associated with membership are for printing and mailing agendas and attached materials for monthly meetings. Each participating jurisdiction would pay those minor amounts when it is their turn to do so. OPTIONS: Not participating in the CAN. RECOMMENDED ACTION OR MOTION: Motion to approve the MOU as written. BUDGET /FINANCIAL IMPACTS: Anticipated to be revenue neutral. STAFF CONTACT: Cary P. Driskell or Nina Regor ATTACHMENTS: Proposed MOU with attached City of Spokane Code provision 10.27.905. This Memorandum of Understanding is entered into by and between the City of Spokane (hereinafter Spokane), the City of Spokane Valley (hereinafter Spokane Valley), and Spokane County (hereinafter County), jointly referred to as "Parties". This Memorandum of Understanding will summarize the terms and conditions upon which the Parties agree to participate in the Regional Cable Advisory Board (hereinafter "the Board "). Spokane adopted a code provision (SCC 10.27.905) pertaining to the formation and participation on the Board. The Parties are in agreement that the terms of Spokane's City Code section 10.27.905, shall provide the basis for this Memorandum of Understanding. 1. Parties. The parties to this agreement are the City of Spokane (hereinafter Spokane), the City of Spokane Valley (hereinafter Spokane Valley), and Spokane County (hereinafter County), jointly referred to as "Parties ". 2. Purpose. The purpose of this memorandum is to establish the terms by which the Parties shall form and participate in the Board. 3. Terms of the Memorandum of Understanding. The Parties agree to establish and participate in the Board as specified in Spokane City Code Section 10.27.905, as adopted on September , 2003. (Spokane City Code section 10.27.905 is attached as Exhibit A.) City of Spokane Spokane County By: By: Date: Date: City of Spokane Valley MEMORANDUM OF UNDERSTANDING By: Date: By: Date: cicpd work files/cable tvtmemorandum of understanding draft one 7 -10.03 By: Date: Po:,t -It" Fax Note 71 Date • A34 s To C A � p� D/`-j!SK ,, From 3ca4. 4 =t•24� co. coIDenl. Phone ss Phone N Fa" C' 1O Fax# 00/09/2003 10:03 FAX 5096256277 CITY OF SPOKANE LECAL e001 8 12 03 bab rob ORDINANCE No. C- S `' v v An ordinance creating a regional cable advisory board; and adding a new SMC 10.27.905. The City of Spokane does ordain: Section 1. That there is added to SMC chapter 10.27 a new section, designated 10.27.905, to read as follows: 10.27.905 Regional Gable Advisory Board A. In lieu of a board under SMC section 10.27.900, the City of Spokane, City of Spokane Valley and Spokane County may establish a regional cable advisory board, to be effective upon joint approval by ordinance or resolution by the legislative bodies of the three jurisdictions of a measure the same or equivalent to this section. The regional cable advisory board shall consist of eleven members, of whom six members may be appointed by the City of Spokane, three by the City of Spokane Valley and two by Spokane County. Members shall be appointed by the mayors of participating cities and confirmed by majority vote of their city councils, and by the Spokane County Board of Commissioners for County appointees. Members shall be appointed for staggered three year terms, B. As of the effective date of this section, there is already a current City - County cable advisory board for the City of Spokane and Spokane County of eleven members. The three positions transferred to Spokane Valley by this action shall continue for their existing terms and be those positions with the shortest remaining unexpired terms, selected in reverse order of member seniority, or as designated by the appointing authority in the event of equal status. Any members replaced by Spokane Valley appointments may also continue to serve as ex officio board members until expiration of 'f ieir terms or may continue in service as a voting rnember if approved to do so by :;of.: ri 35'e ; td :VSC" v ,baEl C' rrlerilberq c ; h a lI 59rva ' .' o1 �{ 1 3or7 1 Qens& (,r° Or per diem. 1 ney snail be broadly representative of the appointing jurisaiction's population, with diverse backgrounds and a reasonable knowledge of cable communications. The regional cable advisory board shall appoint from its members a chairperson and a vice chair to serve in absence of the chair. No regional cable advisory board member shall be affiliated with a local cable franchisee in any way. c 3350: C• 09/09/2003 10:03 FAX 5096256277 CITY OF SPOKANE LEGAL 0. Reasonable expenses of the regional cable advisory board, including any necessary support staff, shall be provided by the participating jurisdictions through an approved annual budget, but each participating jurisdiction retains full authority over its staff and expenditures except also as may be otherwise addressed by a separately approved interlocal agreement. E. The Regional Cable Advisory Board has discretion to act and support the participating local governments in the following areas: 1. Consider unresolved complaints and disagreements between franchisees and subscribers or users of the cable communications system and issue rulings thereon. 2. Advise on the regulation of rates in accordance with the provisions of any other applicable ordinance requirements or laws. 3. Advise regarding general policy relating to the cable services provided subscribers and the operation and use of access and leased access channels (if any), with a view to maximizing the diversity and usefulness of programs and services to subscribers. 4. Assist in consideration of applications for new, transfer, and renewal franchises. 5. °erform such other advisory functions as the executive or legislative o•'• F 1 •ir tI• Irrc•r.)(ri r• r r1 time to tir r o 1 a Ies 5 s n�)V .�O• •r11., .� r'c. C ., I''. any 1 : : 1 ' 'TL6 : r :t aq � r.,f .1(l ;;71■s1. jurisdiction(s) shall require the concurrence of the other jurisdiction(s). E. Any of the participating jurisdictions may withdraw from the regional cable advisory board by resolution of its legislative body, to take effect upon sixty (60) days written notice. The withdrawing jurisdiction shall give notice to the non withdrawing jurisdictions as follows: the chair of the Board of County Commissioners, the city manager of the City of Spokane Valley and the mayor of the City of Spokane as the case may be. A withdrawing jurisdiction may revoke its notice of withdrawal in the same manner up to thirty (30) days prior to the expiration of the sixty (60) day period. Upon the effective date of withdrawal, the terms of board members of the withdrawing jurisdiction expire and their positions no longer exist. Passed the City Council on SEP 0 2 2003 03330 Council President 0002 033301 09/09/2003 10:04 FAX 5096256277 CITY OF SPOKANE LEGAL Attest: Aporoved as to form: Assistant lD•0 � EFFECTIVE DATE SEP 0 8 2003 Date 0003 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 16, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business El new business ❑ public hearing X information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Economic Development GOVERNING LEGISLATION: RCW 36.70A - Growth Management Act PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City Council adopted the Spokane County Comprehensive Plan as the City's Interim Comprehensive Plan prior to incorporation. The City will be developing a new Plan consistent with the guiding provisions of the Growth Management Act and the Countywide Planning Policies. This presentation covers the Economic Development element, including the requirements of the Growth Management Act, the adopted Countywide Planning Policies, an overview of relevant elements of the Interim Plan, a review of entities having economic development objectives, and the next steps in formulating a plan for economic development within the City. RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS Presentation Summary of Local Economy e Population c4 Employment Payroll Businesses Sales CaR� jVallev Comprebensivie P Ecowywic DEVOLai..) .;::10(1 Community Development REQUIREMENTS of GMA Summary of Strengths and Weaknesses Policies, Programs, and Projects that foster economic growth & development Factors Affecting Economic Development MI Mit Responsiveness Economic Development Incentives Partnerships Infrastructure m 0 0 0 ECONOMIC DEVELOPMENT TOOLS • Tax Increment Financing • Reduce or eliminate blight conditions • Foster improvement/redevelopment 8 Enhance tax base • Enterprise Zones • Authorized by state • 6 Enterprise Zones currently in existence • State sales tax exemption on building materials & equipment Foreign Trade Zones Created by federal government Duty -free treatment if re- exported or duty deferred Port Districts Own and operate shipping terminals. industrials sites, etc Formed by vote of people residing in proposed district Location Marketing SPOKANE AREA ECONOMIC DEVELOPMENT COUNCIL ., Mission Provide leadership to attract, create & retain quality jobs Current Priorities • Recruitment of targeted employers to region • Promote growth & retention of existing employers Coordination of area economic development planning & initiatives Secure funding to support ongoing economic development objectives Job Recruitment Objectives Job Growth & Retention Objectives Economic Development Coordination Objectives Funding Objectives REGIONAL ECONOMIC DEVELOPMENT EFFORTS Spokane Area EDC General and Tactical Work Plan Innovation Economy — Strategic Plan for Spokane and the Inland Northwest City of Spokane - Business Development Incentives and Opportunities Study 1 Spokane Valley Chamber of Commerce • Formed in 1921 Mission — "...serve, promote and protect the business interests of our members." 2002 — 2003 Work Program Marketing & Promotion New City Issues Regional Partnerships Government Relations Membership Recognition Diversity Spokane Valley Chamber (con't) • 2003 Legislative Agenda • Labor • Regional Capital Projects Funding ^ Education Transportation Economic Development Water Rights NEXTSTEPS. • Establish baseline indicators • Identify a "niche" within the region as a basis for Economic Development Strategy Create a Spokane Valley "identity" Enhance "marketability" of Spokane Valley Identify and cultivate strategic partnerships Planning decisions to evaluate Economic Development opportunities and effects Responsiveness Location Economic Development Incentives Infrastructure Partnerships CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 16, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing X information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Wastewater Issues Discussion GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: See attached memo dated September 5, 2003. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS S�k Valley Memorandum To: Dave Mercier, City Manager and Members of the Council From: Neil Kersten, Public Works Director CC: Date: September 5, 2003 Re: Wastewater Update 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org The following was discussed and agreed on as a direction for the technical committee at our meeting on August 21, 2003. • We discussed the proposal letter by Spokane County to evaluate an option at Playfair to implement the County's 8 MGD sanitary plant as phase I and then add a Phase II which would provide the CSO capacity needed by Spokane, with implementation before 2017.. • The City suggested a proposal where Phase I at Playfair would include 2.5 MGD of sanitary sewage capacity for them, with Phase II by 2015 including another 2.5 MGD of sanitary capacity at Playfair. Under this approach, they would send all of their CSO flows to the SAWTP for treatment and disposal. • We agreed to have a meeting on September 15th to discuss the City's proposal, and to discuss the assumptions that would be used in the conceptual evaluation of this approach. Some of the assumptions to be discussed include diversion points from the interceptors to the plant, outfall locations, average and peak flows, and timing of the flow increments for Plant expansion. Both the County's consultant and the City's consultant will also be in attendance at the meeting. We have scheduled a follow - up meeting for September 15, 2003. The meeting will include both the County's and the City of Spokane's wastewater consultants. Additionally, the county has passed a resolution appointing a commissioner to represent Spokane County in regard to governance of a regional wastewater treatment facility. (See attached resolution 30779) 9 - 4 -03; 9:52AM;Sp0KOn0 County Utll No. 3 0779 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF PARTICIPATING IN A COMMITTEE TO CONSIDER GOVERNANCE OF REGIONAL WASTEWATER TREATMENT, AND APPOINTING A COMMISSIONER TO REPRESENT SPOKANE COUNTY ;509 477 4715 a 2/ 3 RESOLUTION WHEREAS, pursuant to the provisions of the RCW 3632.120(6) the Board of County Commissioners of Spokane County, Washington, (hereinafter the "Board'') has the responsibility for the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of RCW 36.94.020, the Board has the authority to control and manage: a system of sanitary and storm sewers in accordance with -an adopted sewage general plan 'or Comprehensive Wastewater Management Plan; and WHEREAS, pursuant to the provisions of Chapters 36.70 and 36.94 RCW, the Board has adopted a Comprehensive Wastewater Management Plan (HUMP) as an element of the County's Comprehensive Plan; ;and WHEREAS, the ' Board has adopted a Wastewater Facilities Plan with a recommendation to design, construct, and operate a new regional wastewater treatment plant in the Spokane Valley to treat wastewater flows primarily from the Spokane valley areas; and WHEREAS, the:City of Spokane has suggested that a regional wastewater treatment plant to process Combined Sewage Overflows as well as sanitary sewage be constructed at a different site from the County's preferred site; and WHEREAS, the :City of Spokane Valley Is a major source of wastewater flows to the new regional treatment plant and has indicated an Interest In exploring concepts to regionalize the govemance of wastewater management in Spokane County; and • WHEREAS, a meeting of elected officials from SpokaneCounty, City of Spokane, and City of Spokane Valley was held on August 13, 2003; and WHEREAS, one of discussion and tentative agreement at the meeting was to attempt to establish a committee of elected officials, with one member from each municipal agency, for the purpose of evaluating approaches to establish a new regional governance for management of regional wastewater .treatment; and WHEREAS, each municipal agency agreed to address this issue in their individual forums, and attempt to formalize their agency's support for a committee to evaluate regional wastewater governance, as well as appoint a representative from their agency. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, that the Board supports establishment of a committee to evaluate regional wastewater governance, subject to the following conditions: - 1 - 9- 4.-03; 0:52AM:5aokene county Utii :509 477 4716 No. 3 0779 1. The evaluation of regional wastewater governance shall be pursued on a parallel track with the continued implementation of design, construction, and operation of a new regional wastewater treatment plant in the Spokane Valley, 2. Evaluation of:regional wastewater governance shall not be an impedance or obstacle to Implementation of the new regional wastewater treatment plant. 3. A conceptual 'evaluation of the Piayfair Race Course, located at 202 North Attamont, will occur initiallyiand promptly to determine Its suitability and acceptability as an alternate site to the finalist sites listed in the Spokane County Wastewater Facilities Plan. 4. Implementation of the new regional wastewater treatment plant, and evaluation of governance, shall be pursued with the intent to retain the financial advantages of the Washington State Water Pollution Control Revolving Fund (SRF) Loan, FF04094, which has been offered to Spokane County by the Department of Ecology, BE XT FURTHER RESOLVED by the Board of County Commissioners of Spokane County that Commissioner :John Roskelley will be the County's representative on the regional governance committee, if such committee Is endorsed by all three municipal agencies consistent with the above listed conditions. ADOPTED by the Board of County Commissioners of Spokane County, Washington this 26th day of August 2003. ! BOARD OF COUNTY COMMISSIONERS OF 0 co ' �`' SPOKANE COUNTY, WASHINGTON ffs ci � sn ATTEST: Vicky M. Dalton, , Clerk of the Board Daniela Erickson, Deputy Clerk -2- I el. M .Kate M - s n, Commissioner t� 3/ 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 16, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing information © admin. report ❑ pending legislation AGENDA ITEM TITLE : 2004 Budget Discussion GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City Manager initiated a call for departmental budget requests for 2004 as part of the 2004 budget process. This report is intended to update the Council on the progress of the budget process. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: No action required. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Ken Thompson ATTACHMENTS Memo with information. Spokane , Memorandum To: David Mercier 8 City Council Frorn: Ken Thompson, Finance Director Date: September 12, 2003 Re: 2004 Budget Discussion 11707 E Sprague Ave Suite 106 # Spokane Valley WA 99206 509.921.1000IP Fax: 509.921.1008 • cityhall spakanevallcy.org The follavving information is intended to provide an update on the progress of the 2004 budget process. • Departments have submitted their initial departmental budgets and these have been compiled. • Staff has prepared salary and benefit cost estimates for 2004. • Staff will be refining revenue estimates and reviewing departmental expenditure requests. • Discussion of the inflation forecast & consumer price index. Consumer Price Index Inflation Forecast Budget Suggestions for 2004 The Consumer Price Index (CPI) is a measure of the change in prices paid over time for a fixed "market basket" of goods and services. The Consumer Price Index for All Urban Consumers (CPI -U) measures the percentage change in prices faced by urban consumers and covers approximately 87 percent of the population. The Consumer Price Index for Wage Earners and Clerical Workers (CPI -W) is sometimes referred to as the "blue collar treasure." 1t is a subset of the CPI -U. Its market basket reflects the expenditures of urban households that derive more than half their income from clerical and hourly wage jobs. It covers approximately 32 percent of the population. Data for each of these indices for the United States as a whole are compiled on a monthly basis. The results are available during the third week of the following month. Each of these indices is published for the Portland -Salem area (formerly called the Portland- Vancouver index) twice a year. The results for the first half of the year are available during the third week of August. The second half figures are published in the third week of February. At the beginning of 1998, the Seattle- Tacoma index was renamed the Seattle - Tacoma- Bremerton index and expanded to include Island, Kitsap, and Thurston counties. It is compiled six times a year, in the even - numbered months. The results are published in the middle of the following month. � The Bureau of Labor Statistics recommends the use of one of the national indices for all contracts. �._ . Not only are the Seattle-Tacoma-Bremerton and Portland -Salem versions published less frequently, they also are based on a smaller sample and are, therefore, more volatile and subject to rncasurement error. None of these indices measures price changes in rural areas. But realizing that towns in rural areas need some indicator to use, we recommend one of the U.S. indices. Always write your contracts so that you will be adjusting on the basis of actual CPI figures. Never use estimates for contract adjustments. Information on the most recent releases of the CPI can be obtained from the CPI Hotline in Seattle (206) 553- 0645 or Portland (503) 231 -2045. A link to the most recent releases can be found at www.mrsc.org/finance/cpipagehtm. Questions can be addressed to the Bureau of Labor Statistics, Information and Correspondence, 71 Stevenson Street, PO Box 3766, San Francisco, CA 94119 -3766, telephone number, (415) 975 -4350. Table l on the following pages gives monthly historical information on the U.S. CPI -U and CPL W, bimonthly data for Seattle, semiannual data for Seattle and Portland, and annual averages. The graphs on page 13 give historical information on the annual average CPI -U and CPI -W for the U.S., Seattle, and Portland, as well as some forecasts for 2003 and 2004. . In June, almost all forecasters lowered their inflation forecasts for 2003 compared to their earlier forecasts. We have forecasts for the national inflation rates frorn the Philadelphia Federal Reserve Bank, which surveys 30 economists; the Research Seminar in Quantitative Economics at the University of Michigan; The Wall Street Journal, which surveys 54 economists twice a year (probably some of the same economists that the Philadelphia Federal Reserve surveys); Global Insight (formerly DRI -WE FA, a private consulting firm); and the Office of the Forecast Council for Washington State. The Forecast Council has used the Global Insight estimate for its forecast of the national CPI, and we are following their lead. For the Seattle- Tacoma area, we depend on the Office of the Forecast Council and local economists. We are unable to get forecasts for the Portland area. Budget Suggestions for 2004 Calendar year growth in gross domestic product (GDP) is expected to slow from the preliminary estimates of 2.4 percent in 2002 to 2.3 percent in 2003 and then increase to 4.2 percent in 2004, according to the Forecast Council. The national unemployment rate has increased to 5.77 percent in the first quarter of 2003. It is typical for growth in Washington State to follow the national pattern with a lag. Washington's employment rate declined by 1.2 percent in the fourth quarter of 2002 and 0.5 percent in the first quarter of 2003. The big factor is aerospace employment, which was down 7.1 percent in the first quarter of 2003, and 21.0 percent since September 11, 2001. For the last nine years, the inflation rate in the Seattle area has been higher than the national rate for both the CPI -U and CP1 -W. The Office of the Forecast Council is predicting that the Seattle rate for CPI -U will be below the national rate for the next few years. 12 Budget Suggestions for 2004 Table 1 Consumer Price Index 1990 to Present All Urban Consumers (CPI -U) Urban Wage Earners & Clerical Workers (CPI -W) Year Month Seattle Portland U.S. Seattle Portland U.S. 1990 January February March April May June First half 90 July August September October November December Second half '90 February March April May June First half '91 July August September October November December Second half 9 AtJNJ ^l A':E Jj'ua "y February March April May June First half '92 July August September October November December Second half '92 ANNUAL AVE 1993 JanJa'y February March April May June First half '93 July August September 14 124.2 (6.4%) 124.9 (4.7%) 140.2 (3.7) 139.0 (3. 140.9 (4.3) 1398 (4.4) 127.4 (5.2%) 128.0 (5.3) 128.7 (5.2) 128.9 (4.7) 129.2 (4.4) 129.9 (4.7) 130.4 (4.8) 131.6 (5.6) 132.7 (6.2) 133.5 (6.3) 133.8 (6.3) 133.8 (6.1) 122.0 (6.4 %) 121.8 (4.6%) 129 -4 (8.2) 129.8 (6.7) 126.9 (7.9) 126.6 (6.7) 1 B1 130.7 (5.4) 124.4 (7.1) 124.2 (5.6) 134.6 (5.7%) 134.8 (5.3) 135.0 (4.9) 135.2 (4.9) 135.6 (5.0) 136.0 (4.7) 133.0 (7.1%) 132.8 (6.3 %) 1302 (6.7%) 129.6 (6.4 %) 136.2 (4.4) 136.6 (3.8) 137.2 (3.4) 137.4 (2.9) 137.8 (3.0) 137.9 (3.1) 135.2 (4.5) 135.1 (4.1) 132.4 (4.3) • a 3 1 1362 (4.2) 131.3 (5.5) 138.1 (2.6%) 138.6 (2.8) 139.3 (32) 139.5 (3.2) 139.7 (3.0) 140.2 (3.1) 137.8 (3.6%) 138.8 (4.5%) 134.8 (3.5%) 135.5 (4.6%) 140.5 (3.2) 140.9 (3.1) 141.3 (3.0) 141.8 (32) 142.0 (3.0) 141.9 (2.9) 1372 (3.6) 140.3 (3.0) - 136.0 (3.6) 137.7 (4.2) 136.6 (4.4) 14.b (.) of 143.1 (3.2) 143.6 (3.1) 144.0 (3.2) 144.2 (3.2) 144.4 (3.0) 141.9 (3.0 %) 143.6 (3.5%) 136.9 (3.0%) 140.3 (3.5 %) 144.4 (2.8) 144.8 (2.8) 145.1 (2.7) 125.9 (5.2%) 126.4 (52) 127.1 (5.2) 127.3 (4.5) 127.5 (4.1) 128.3 (4.5) 128.7 (4.5) 129.9 (5.4) 131.1 (6.1) 131.9 (62) 132.2 (6.3) 1322 (6.1) 129.0 (5.2) 132.8 (5.5 %) 132.8 (5.1) 133.0 (4.6) 133.3 (4.7) 133.8 (4.9) 134.1 (4.5) 134.3 (4.4) 134.6 (3.6) 135.2 (3.1) 135.4 (2.7) 135.8 (2.7) 135.9 (2.8) 132.1 (4.3) 130.8 (5.3) 134.3 (4.1) 136.0 (2.4 %) 136.4 (2.7) 137.0 (3.0) 137.4 (3.0) 137.6 (2.8) 137.6 (3.0) 138.4 (3.1) 138.8 (3.1) 139.1 (2.9) 139.6 (3.1) 139.8 (2.9) 139.8 (2.9) 138.2 (2.9) 140.7 (3.2) 141.1 (3.0) 141.6 (3.1) 141.9 (3.1) 142.0 (2.8) 142.1 (2.7) 1 42.4 (2.6) 142.6 (2.5) Year Month Seattle Portland U.S. Seattle Portland U.S. October November December Second half '93 143.9 (2.6) ANNUAL AVE. 142.9 (2.8) 1994 January February March April May June First half 94 146.4 (3.2 %) July August September October November December Second hall 94 149.2 (3.7) ANNUAL AVE. 147.8 3.4 ='fir 6Y January February March April May June First half '95 July August September October November December Second half 95 ANNUAL AVE. 1995 January February March April May June First half 96 July August September October November December Second half '96 ANNUAL AVE. 1996 1997 January February March Apnl May June First half '97 July August September 151.2 (3.3%) 152.5 (3.2%) 153.3 (2.7) 152.3 .0 159.4 (4.0) 157.5 (3.4) All Urban Consumers (CPI•U) Urban Wage Eamers & Clerical Workers (CPI -W) 145.8 (3.5) 144.7 (3.5 147.7 (2.9%) 150.1 (2.9) 148.9 (2.9 153.9 (2.5) 153.2 2.9 155.6 (2.9%) 157.2 (3.1%) 160.0 (4.0) 158.6 (3.5) 145.7 (2.8) 145.8 (2.7) 145.8 (2.7) 141.1 (2.8) 144.5 (3.0) 140.0 (2.9) 146.2 (2.5 %) 146.7 (2.5) 147.2 (2.5) 147.4 (2.4) 147.5 (2.3) 148.0 (2.5) 148.4 (2.8) 149.0 (2.9) 1 49.4 (3.0) 149.5 (2.6) 149.7 (2.7) 149.7 (2.7) 1482 (2.6) 150.3 (2.8%) 150.9 (2.9) 151.4 (2.9) 151.9 (3.1) 152.2 (3.2) 152.5 (3.0) 152.5 (2.8) 152.9 (2.6) 1532 (2.5) 153.7 (2.8) 153.6 (2.6) 153.5 (2.5) 152.4 2.8 • 154.4 (2.7%) 154.9 (2.7) 155.7 (2.8) 156.3 (2.9) 156.6 (2.9) 156.7 (2.8) 157.0 (3.0) 157.3 (2.9) 157.8 (3.0) 158.3 (3.0) 158.6 (3.3) 158.6 (3.3) 156. (3.0) 142.6 (3.6) 141.5 (3.6) 143.7 (3.5 %) 144.3 (2.9%) 146.5 (3.8) 145.1 (3.6) 150.4 (2.7) 149.3 2.9 155.9 (3.7) 154.3 (3.3) Budget Suggestions for 2004 146.8 (2.8) 145.6 (2.9 148.3 (3.2%) 149.1 (3.3 %) 150.7 (2.7) 149.9 .0 152.6 (2.9%) 153.9 (3.2%) 156.5 (3.8) 155.2 (3.5) 159.1 (3.0%) 1 59.6 (3.0) 160.0 (2.8) 160.2 (2.5) 160.1 (2.2) 160.3 (2.3) 161.9 (4.0%) 162.6 (3.4 %) 158.2 (3.7 %) 159.0 (3.3%) 160.5 (2.2) 160.8 (2.2) 1612 (22) 143.3 (2.7) 143.4 (2.6) 143.3 (2.5) 142.1 (2.8) 143.6 (2.4 %) 144.0 (2.3) 144 4 (2.3) 144.7 (2.2) 144.9 (2.1) 145.4 (2.4) 145.8 (2.6%) 146.5 (2.9) 146.9 (3.0) 147.0 (2.6) 147.3 (2.7) 147.2 (2.7) 145.6 (2.5 147.8 (2.9%) 148.3 (3.0) 148.7 (3.0) 149.3 (3.2) 149.6 (3.2) 149.9 (3.1) 149.9 (2.8) 1502 (2.5) 150.6 (2.5) 151.0 (2.7) 150.9 (2.4) 150.9 (2.5) 149.8 2.9 151.7 (2.6%) 1522 (2.6) 152.9 (2.8) 153.6 (2.9) 154.0 (2.9) 154.1 (2.8) 154.3 (2.9) 154.5 (2.9) 155.1 (3.0) 155.5 (3.0) 155.9 (3.3) 1 55.9 (3.3) 154.1 (2.9) 156.3 (3.0%) 156.8 (3.0) 157.0 (2.7) 157.2 (2.3) 1572 (2.1) 157.4 (21) 157.5 (2.1) 157.8 (2.1) 158.3 (2.1) 15 Budget Suggestions for 2004 20)0 January February 176.1 (3.2) March April 177.7 (32) May June 1792 (3.8) First half '00 177.3 (3.3) July August 180.3 (4.0) September October 182.1 (4.2) November December 181.5 (4.1) Second hall '00 181.1 (4.1) ANNUAL AVE. 179.2 (3.7) 2:01 January February 184.0 (4.5) March April 184.2 (3.6) May June 166.3 (4 0) First ha'f'01 184.4 (4.0) July August 186.8 (3.6) September 16 All Urban Consumers (GPI -U) Urban Wage Earners & Clerics. Workers (CPI -W) Year Month Seattle Portland U.S Seattle Portland U.S. October 161.6 (2.1) 158.5 (1.9) November 161.5 (1.8) 158.5 (1.7) December 161.3 (1.7) 158.2 (1.5) Second half '97 164.1 (2,9) 165.5 (3.4) 159.9 (2.6) 161.7 (3.3) ANNUAL AVE. 163. (3.5) 164.0 (3.4) 160.5 (2.3) 159.0 (3.1) 160.4 13.3) 157.6 (2.2) 1998 January 161.6 (1.6%) 158.4 (1.3 %) February 166.5 (NIA) 161.9 (1.4) 1622 (NIA) 158.5 (1.1) March 1622 (1.4) 158.7 (1.1) April 166.4 (N/A) 162.5 (1.4) 161.9 (N/A) 159.1 (1.2) May 162.8 (1.7) 159.5 (1.5) June 167.5 (NIA) 163.0 (1.7) 168.2 (N.lA) 159.7 (1.5) First half '98 166.6 (2.9%) 166.1 (2.2 %) 162.1 (2.5%) 162.2 (2.0%) July 163.2 (1.7) 159.8 (1.5) August 168.5 (NIA) 163.4 (1.6) 168.5 (NIA) 160.0 (1.4) September 163.6 (1.5) 160,2 (1.2) October 169.3 (NIA) 164.0 (1.5) 164.9 (NIA) 160.6 (1.3) November 164.0 (1.5) 160.7 (1.4) December 169.4 (2.7) 163.9 (1.6) 164.9 (2.7) 160.7 (1.6) Second half '98 168.9 (2.9) 168.1 (1.6) 164.4 (2.B) 163.5 (1.1) ANNUAL AVE. 167.7 (2.9) 167.1 (1.9) 163.0 (1.6) 163.2 (2.6) 162.9 (1.6) - r 159.7 (1.3) 1999 January 164.3 (1.7%) 161.0 (1.6 %) February 170.6 (2.5) 164.5 (1.6) 166.0 (2.3) 161.1 (1.6) March 165.0 (1.7) 161.4 (1.7) April 172.2 (3.5) 166.2 (2.3) 167.8 (3.6) 162.7 (2.3) May 166.2 (2.1) 162.8 (2.1) June 172.7 (3.1) 166.2 (2.0) 168.0 (3.2) 162.8 (1.9) First half '99 171.6 (3.0) 170.8 (2.8) 167.0 (3.0) 1662 (2.5) July 166.7 (2.1) 163.3 (2.2) August 173.4 (2.9) 167.1 (2.3) 168,8 (3.1) 163.8 (2.4) September 167.9 (2.6) 164.7 (2.8) October 174.7 (3.2) 168.2 (2.6) 170.2 (3.2) 165.0 (2.7) November 168.3 (2.6) 165.1 (2.7) December 174.4 (3.0) 168.3 (2.7) 170.1 (32) 165.1 (2.7) Second half '99 174.0 (3.0) 174.4 (3.7) 169.5 (3.1) 169.6 (3.7) ANNUAL AVE. 172.8 (3.0'I 1726 (3.3) 166.6 (2.2) 168.3 (3 1) 1679 1 1632 2 .. 176.4 (3.3) 179.5 (2.9) 178.0 (3.1) 181.2 (2.7) 168 -8 (2.7%) 169.8 (3.2) 171.6 (3.4) 171.2 (3.8) 171.3 (3.0) 173.3 (3.2) 171.5 (3.2) 172.4 (3.7) 174.5 (3.9) 172.8 (3.5) 172.8 (3.7) 172.8 (3.4) 175.4 (3.9) 173.7 (3.5) 174.0 (3,4) 177.5 (4.3) 174.1 (3.4) 174.0 (3.4) 177.0 (4.1) 176.4 (4.1) 1722 (3.4) 174.6 (3.7) r 5.1 (3.. °c; 175.8 (3.5) 176.2 (2.9) 176.9 (3.3) 177.7 (3.6) 178.0 (32) 177.5 (2.7) 177.5 (2.7) 178.3 (2.6) 1792 (4.4) 179.4 (3.5) 181.3 (3.9) 179.6 (3.9) 161.5 (3.5) 171.8 (3.4) 174.6 (2.9) 1732 (3.2) 176.4 (2.7) 165.6 (2.9%) 166.5 (3.4) 167.9 (4.0) 168.0 (3.3) 168.2 (3.3) 1692 (3.9) 169.4 (3.9) 169.3 (3.4) 170.4 (3.5) 170.6 (3.4) 170.9 (3.5) 170.7 (3.4) 168.9 (3.5) 71.7 ; 3.7'ro I 172.4 (3.5) 172.6 (2.8) 173.5 (3.3) 174.4 (3.7) 174.6 (3.2) 173.8 (2.6) 173.8 (2.7) 174.8 (2.6) Year Month Budget Suggestions for 2004 October 187.9 (3.2) 177.7 (2.1) 183.1 (32) 174.0 (2.0) November 177.4 (1.9) 173.7 (1.6) December 186.1 (2.5) 176.7 (1.6) 181.1 (2.3) 172.9 (1.3) Ser :nn d ' i'r "'11 186 9 (3 21 183 6 t211 181.9 (3.1) 178.5 '.2.2 ;,';';;_ = . - 177 -1 (2.8) 180.8 (3.6: _ _ _ 173.5 (2 All Urban Consumers (CPI -U) Urban Wage Earners & Clerical Workers (CPI -W) Seattle Portland U.S. Seattle Portland U.S. February 187.6 (2.0) 177.8 (1.1) 182.5 (1.8) 173.7 (0.8) March 178.8 (1.5) 174.7 (1.2) April 188.8 (2.5) 179.8 (1.6) 183.6 (2.3) 175.8 (1.3) May 179.8 (1.2) 175.8 (0.8) June 189.4 (1.7) 179.9 (1.1) 184.1 (1.5) 175.9 (0.7) First half '02 188.3 (2.1) 183.5 (1.3) 183.1 (1.9) 178.7 (1.3) July 180.1 (1.5) 176.1 (1.3) August 190.3 (1.9) 180.7 (1.8) 184.8 (1.8) 176.6 (1.6) September 181.0 (1.5) 177.0 (1.3) October 190.9 (1.6) 181.3 (2.0) 185.5 (1.3) 177.3 (1.9) November 181.3 (22) 177.4 (2.1) December 190.0 (2.1) 180.9 (2.4) 184.6 (1.9) 177.0 (2.4) Second nalt 92 190.3 (1.8) 1 84.0 (0.2) 184.9 (1.6) 179.3 (0.4) ANNUAL AVE 1 89.3 (1 91 183.8 (0.8) 179 9 (1.61 184.0 (' .8) 179.0 (0.8) 175.9 (1.4) 2003 January 181.7 ;2.6`,.; 177.7 .7 (2.6-w) February 191.3 (2.0) 183.1 (3.0) 186.2 (2.0) 179.2 (3.2) March 184.2 (3.0) 180.3 (3.2) April 192.3 (1.9) 183.8 (2.2) 187.0 (1.9) 179.8 (2.3) May 183.5 (2.1) 179.4 (2.0) June 191.7 (1.2) 183.7 (2.1) 185.7 (0.9) 179.6 (2.1) 17 / Filed: 01/29/2003 Washington Secretary of State - Elections & Voting Page 1 of 1 Initiative 841 Sponsor Randy M. Gold 1918 Pensione Place Wenatchee WA 98801 (509) 663-4946 Full Text: HTML 1 PDF Ballot Title Initiative Measure No. 841 concerns the repeal and future limitation of ergonomics regulations. This measure would repeal existing state ergonomics regulations and would direct the department of labor and industries not to adopt new ergonomics regulations unless a uniform federal standard is required. Should this measure be enacted into law? Yes[ 1 No[ 1 Ballot Measure Summary This measure would declare that the state's ergonomics regulations, promulgated by the department of labor and industries, are immediately repealed. The measure would specifically include those rules adopted by the department of labor and industries on May 26, 2000, codified as WAC 296 -62- 051.03 through 296 -62- 05176. Further, the department would be directed not to adopt any new regulations relating to ergonomics unless it becomes necessary for the state to meet a uniform federal standard. hrtn://www.seastate.wa.pnvielectionshnitiativesinennle.asnx Q/1 no.nn' Washington Secretary of State - Elections & Voting Elections Menu ElectionsJionoe Register to Vote Candidate Filings 2003 Ballot 2004 Ballot Election Reform Voter Registration Initiatives Seeking Office Finance Disclosure More Infio mati.on Contacts Previous_ELectipns Election Law Certification & Training Votinq_ystems Other Resources Main Menu Home Page Address Confidentiality Apostilles Archives Charities Contact Us Corporations Digital Signatures Elections & Voting International Trade Library Medals of Merit & Valor News Releases Oral History Productivity Board State Flag State Seal 'Elections &t Voting Text of Initiative FORMATTING NOTE: In initiatives, legislative bills and other proposed measures, language th deleted from current statutes is represented by a "strikethrough" character and language that i added Is underlined. Because these special characters cannot be formatted in all Internet brows different set of symbols is used for presenting these proposals on -line. The symbols are as folio The text of this document is an accurate copy of what was filed by the initiative proponent with the Secretary of State for assignment of a serial number. The accuracy of code in amendatory sections has not been verified. The text of this document is an accurate copy of what was filed by the initiative proponent with the Secretary of State for assignment of a serial number. The accuracy of code in amendatory sections has not been verified. htto://www.secstate.wa.gov/elections/initiatives/text/i84 1 . asnx • Text that is surrounded by (( {- text here -))) is text that will be DELETED FROM the e statute if the proposed measure is approved. • Text that is surrounded by (+ text here +) is text that will be ADDED TO the existing • the proposed measure is approved. • {+ NEW SECTION +) (found at the beginning of a section or paragraph) Indicates that text in that section will become law if the proposed measure is approved. INITIATIVE 841 Page 1 of 2 I, Sam Reed, Secretary of State of the State of Washington and custodian of its seal, hereby certify that, according to the records on file in my office, the attached copy of Initiative Measure No. 841 to the People is a true and correct copy as it was received by this office. AN ACT Relating to repealing state ergonomics regulations unless a uniform federal standard is required; adding new sections to chapter 49.17 RCW; and creating a new section. BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: (+ NEW SECTION. +I Sec. 1. A new section is added to chapter 49.17 RCW to read as follows: Washington must aid businesses•in creating new jobs. Governor Locke's competitiveness council has identified repealing the state ergonomics regulations as a top priority for improving the business climate and creating jobs in Washington state. A broad coalition of democrats and republicans have introduced bills repeatedly to bring legislative oversight to this issue. This measure will repeal an expensive, unproven rule. This measure will aid in creating jobs and employing the people of Washington. 9/10/2003 E \Washington Secretary of State - Elections & Voting Page 2 of 2 Washington History {+ NEW SECTION. -1 Sec. 2. A new section is added to chapter 49.17 RCW to read as follows: For the purposes of this section, "state ergonomics regulations" are defined as the rules addressing musculoskeletal disorders, adopted on May 26,2000, by the director of the department of labor and industries, and codified as WAC 296 -62 -05101 through 296 -62- 05176. The state ergonomics regulations, filed on May 26, 2000, by the director and codified as WAC 296 -62 -05101 through 2.96 -62 -05176 are repealed. The director shall not have the authority to adopt any new or amended rules dealing with musculoskeletal disorders, or that deal with the same or, similar activities as these rules being repealed, until and to the extent required by congress or the federal occupational safety and health administration. 4 NEW SECTION. 41 Sec. 3. The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act. 4+ NEW SECTION. 4) Sec. 4. If any provision of this act or its application to any person or circumstance is held .invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. - -- END - -- Address Confidentiality 1 Apostilles 1 Archi'ie;x I CFlaritable Trusts & Solicitations I Corporations 1 Digital Signatures Elections & Voting 1 Interpational Trac1e 1 Library_ 1 Mgdals of Merit & Valor 1 News Releases 1 Oral History 1 Productivity Boan State Flag 1 State Seal 1 was i Ton Histgjy. Washington Secretary of State 520 Union Avenue SE, PO BOX 40220, OLYMPIA WA 98504-0220 (360) 902 -4151 Privacy Policy http://www.secstate.wa.gov/elections/initiatives/text/i841.asox 9/10/2003 ,.;63) "Shall" or "must" means mandatory. tip}) "Should" or "may" means recommended. 1 5,), "Suitable" means that which fits, or has the qualities ;JaivaflGcations to meet a given purpose, occasion, condi- ' anctlon,' or circumstance. •:t, ii6) ^Worker," "personnel," "person," "employee," and nt enns of like meaning, unless the context of the provi- ontaining such term indicates otherwise, mean an of an employer who is employed in the business of mployer whether by way of manual labor or otherwise ec r Person in this state who is engaged in the employ- is working under an independent contract the ,-- , redf,which is their personal labor for an employer „ b y anual labor or otherwise. ••i(',;tjr'1rork place" means any plant, yard, premises, a rra;m: other place where an employee or employees are 04 the performance of labor or service over which St-is the right of access or control f ,] and �lg ut -is not limited to, all work places covered by „l intt9 nsurance under Title 51 RCW, as now or hereafter reyiations used in this chapter: I';rmeans American National Standards Insti- f11yy>i_ 'ETRE" means American Society of Heating and �tirt#>yiigineers. r _ f• +):f.47means thermal unit. (r1) ,fir _ ., "'me British thermal unit per hour. t +Yu.'b ( 2 n& its cubic feet per minute. . eans'Code of Federal Register. t ,l.'fi• tA'+means'Com ressed Gas Association. l, mi) eans'inslde diameter. iti' ta fir << .' `fi ns Manufacturing Chemist Association. • 1 ':9i7.hi•1;.`1�diiufacturer Association (CMA). t y' m tans National Electrical Manufacturing • i;u;li - i c cals:National Fire Protection Association. "r.�l - eans.outside diameter. ¢ 'a ` s'Washington Administrative Code. • 4 , h' ?ry tw ":mcans'Washington Industrial Safety and 5 • .ter 0, Laws of 1973). ap tin49 :17 RCW. 94- 15-096 (Order 94-07). § 296 - 1 " •' ' } tive 9/20/94. Statutory Authority: RCW OB3S24013 (Order 83 -34). § 296 -62 -020, filed - f 4 utthanty :j' RCW 49.17.040, 49.17.050, 49.17.240, itrl: = dQ,) 80 -17 -015 (Order 80 -21), § 296- 62 -020, .-`7' 3?z§, -020, tiled 3/7/73; Order 70 -8, § 296 - ffC•tle.0 9/1/70; Section 1I, effective 8 /1/63.) 3.4 0.395 requires the use of underlining and emeaYmeacs to existing rules, and deems ineffec- 1 " e;agency in this manner. The bracketed material " ?? no G'' eartacouform to the statutory requirement. t �r5irrR �' , d `'I7 cn ir i ` stitutionality clause. In the Pd graph, sentence, clause, phrase or is unconstitutional or invalid n w n xr derof'said standard or this chapter her it p €ti �:r -, r,fied.31,7n3- Order 70 -8, § 296 -62 -040, filed ,{F � TO 8/1163.) _y7 - • •:. General Occupational Health Standards 296 -62 -05103 WAC 296 -62 -050 Application for waiver or vari- ances. See WAC 296 -350 -700 Variance from WISHA rules. [Statutory A uthority: RCW 49.17.010, [49.17).040, and (49.17).050.01-11 - 038, § 296 -62 -050, filed 5/9/01, effective 9/1101: Order 73 -3, § 296-62 -050. filed 5!7/73; Order 70 -8. § 296 -62 -050, filed 7/31/70, effective 911/70; Rule 5.010, effective 8/1/63.) WAC 296 - 62 - 051 Ergonomics. [Statutory Authority: RCW 49.17.010, [49.17).040, and [49.17).050.00 -12- 024, § 296 -62 -051, filed 5/26/00, effective 7/1/02.) PART 1 WAC 296 -62- 05101 What is the purpose of this rule? The purpose of this rule is to reduce employee exposure to specific workplace hazards that can cause or aggravate work - related musculoskeletal disorders ( WMSDs). In workplaces where these hazards exist, employers must reduce them. Doing so will prevent WMSDs such as tendinitis, carpal tun- nel syndrome and low back disorders. The rule is not designed to prevent injuries from slips, trips, falls, motor vehicle accidents or being struck by or caught in objects. This rule contains three parts. • Part 1, WAC 296 -62- 05105, provides a quick way . for employers to )mow if they are covered. Part 2 requires covered employers to meet an employee- education requirement and identify WMSD hazards. If hazards exist, the employer must reduce them. • Part 3 shows covered employers when they must comply with this rule. An employer's type of busi- ness and number of employees determine how much time is permitted for compliance (3 to 6 years for fixing WMSD hazards). The rule does not include any requirements for the med- ical management of WMSDs or change any requirements for handling industrial insurance claims. An employer will not be in violation of this rule solely because an employee develops a WMSD or related symptom. [Statutory Authority: RCW 49.17.010, [49.17).040. and [49.17].050.00-12 - 024. § 296 -62- 05101, filed 5/26/00, effective 7 /1102_] WAC 296 -62 -05103 Which employers are covered by this rule? Employers with "caution zone jobs" are covered by .this rule. A "caution zone job" is a job where an employee's typical work activities include any of the specific physical risk factors listed in WAC 296 -62- 05105. [Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050.00-12 - 024, § 296.62 -05103, tiled 5/26/00, effective 7/1/02.] [Title 296 WAC —p. 1391 296 -62 -05105 Title 296 WAC: Labor and Industries, Department of WAC 296 -62 -05105 What is a "caution zone job "? A "caution zone job" is a job where an employee's typical work activities include any of the specific physical ' • risk factors listed below. Typical work activities are those that are a regular and foreseeable part of the job and occur on more than one day per week, and more frequently than one week per year. • Employers having one or more "caution zone jobs °' must comply with Part 2 of this rule. "Caution zone jobs" may not be h • ardous, but do require further evaluation. • This rule does not prohibit "caution zone jobs." • ..ii =,'r ,; ALA; J • Employers who have made a reasonable determination that they do not have "caution zone jobs" are not covered by this rule4;a;? • Duration (for example, 2 hours) refers to the total amount of time per day employees are exposed to the risk factor, not fig*, long they spend performing the work activity that includes the risk factor. Awkward Posture • • (1) Working with the hand(s) above the head, or the elbow(s) above the shoal _?a der, more than 2 hours total per day • •• (2) Working with the neck or hack bent more than 30 degrees (without suppaitft; . and without the ability to vary posture) more than 2 hours total per days:" .', (3) Squatting more than 2 hours total per day 'Y , (4) Kneeling more than 2 hours total per clay (7) "Caution zone" • High Hand Force (5) Pinching an unsupported object(s) weighing 2 or more pounds per hand; pinching with a force of 4 or more pounds per hand, more than 2 hours total; per day (comparable to pinching half a ream of paper) (6) Gripping an unsupported object(s) weighing 10 or more pounds per hand ,.',:'.;„ or gripping with a force of 10 or more pounds per hand, more than 2 hours,... total per day (comparable to clamping light duty automotive jumper cable's;; } _. onto a battery) Highly Repetitive Motion t r ' `� Repeating the same notion with the neck, shoulders, elbows, wrists; or ) `'Y - ., r.tr -y 1.: = hands (excluding keying activities) with little or no variation every few : seconds more than 2 hours total per day ; .* (8) Performing intensive keying more than 4 hours total per day , •h,-_: Repeated Impact (9) Using the hand (heel/base of palm) or knee as a hammer more than 10 "';; tithes per hour more than 2 hours total per day affair Heavy, Frequent or Awkward Lifting ° (10) Lifting objects weighing more than 75 pounds once per day or more than 55 pounds more than 10 times per day - • •;x-11. (11) Lifting objects weighing more than 10 pounds if done more than twice per, t. minute more than 2 hours total per day �r�t" (12) Lifting objects weighing more than 25 pounds above the shoulders, belor the knees or at arms length more than 25 times per day ° "� Moderate to High Hand -Arm Vibration (13) Using impact wrenches, carpet strippers, chain saws, percussive tools (lack; hammers, scalers, riveting or chipping hammers) or other hand tools that. typically have high vibration levels more than 30 minutes total per day 44 (14) Using grinders, sanders, jig saws or other hand tools that typically have:'1 moderate vibration levels more than 2 hours total per day '. =r (Employers may assume that hand tools vibrating less than 2.5 meters s .y�, -� second squared (m /s eight -hour equivalent are not covered.) [Statutory' Authority: RCW 49.17.010, [49.171.040. and [49.171.050. 00-12.024. § 29G•62- 05105, filed 5/26/00. effective 7/1/02.] • , ":4: (Title 296 WAC —p. 1398] (100 EN;z WAC 296 -62- 05110 When do employers' existing ergonomics activities comply with this rule? Employers tj may continue to use effective alternative methods established '''before this rule's adoption date. If used, the employer must be sable to demonstrate that the alternative methods, taken as a .''.whole, are as effective as the requirements of this rule in r reducing the WMSD hazards of each job and providing for tc employee education, training and participation. LiiStatutory Authority: RCW 49.17.010. [49.171040, and [49.171.050.00 -12- 024, § 296 -62- 05110, filed 5/26100, effecu'e 711/021 WAC 296 -62 -05120 Which employees must receive ergonomics awareness education and when? (1) Employ- „: ers must ensure that all employees working in or supervising ,' :caution zone jobs" receive ergonomics awareness education i at least once every three years. The employer may provide ,oergonomics awareness education or may rely on education provided by another employer or organization. Ergonomics ,'awareness education materials provided by the department of `' :labor and industries may be used to meet these requirements. 01 (2) When employees are assigned to work in or supervise `' "caution zone jobs," they must receive ergonomics awareness `education within 30 calendar days, unless they have received It in the past three years. This requirement applies when the {initial "awareness education" deadline in the implementation )schedule (WAC 296 -62- 05160) has passed. PART 2 WAC 296 -62 -05130 - Analyzing and reducing WMSD hazards: General Performance Approach The employer must analyze "caution zone jobs" to iden- tify those with WMSD hazards that must be reduced. A WMSD hazard is a physical risk factor that by itself or in combination with other physical risk factors has a suffi- cient level of intensity, duration or frequency to cause a substantial risk of WMSDs. The employer must use haz- ard control levels as effective as the recominended levels in widely used methods such as the Job Strain Index, the lifting guidelines in the Department of Energy ErgoEASER, the ANSI S3.34 -1986 (R1997) Hand Arni Vibration Standards, the 1991 NIOSH Lifting Equation, (as described in Waters 1993), the UAW -GM RiskFac- tor Cheeklists, applicable ACGIH threshold limit values for physical agents, Rapid Entire Body Assessment (REBA), or Rapid Upper Limb Assessment (RULA). General Occupational Health Standards 296 -62 -05130 [Statutory Authority: RCN 49.17.010, [49.171.040, and 149.17].050. 00.12- 024, § 296.62.05120, II kW 5/26/00, effective 711/02.] WAC 296-62-05122 What must be included in ergo- nomics awareness education? Ergonomics awareness edu- cation (for example: Oral presentations, videos, computer- based presentations, or written materials with discussion) must include: • Information on work - related causes of musculoskeletal disorders, including all caution zone risk factors listed in WAC 296 -62 -05105 (nonwork factors may be included as well); • The types, symptoms and consequences of WMSDs and the importance of early reporting; • Information on identifying WMSD hazards and com- mon measures to reduce them; and • The requirements of this ergonomics rule. [Statutory Authority: RCW 49.17.010, [49.171.040, and (49.171.050.00-12 - 024, § 296 -62. 05122, filed 5126100, effective 711/021 WAC 296-62 -05130 What options do employers have for analyzing and reducing WMSD hazards? All covered employers must determine whether "caution zone jobs" have WMSD hazards and must reduce the WMSD hazards identi- fied as described below. Employers may choose either the general performance approach or the specific perfor- mance approach as follows: (1) WAC 296 -62 -05130 - Analyzing and reducing WMSD hazards: Specific Performance Approach The employer must analyze "caution zone jobs" to identify those with WMSD hazards that must be reduced. A WMSD hazard is a physical risk factor that exceeds the criteria in Appendix B of this rule. The employer must analyze "caution zone jobs" using a (2) Same as General Performance Approach. systematic method that includei the following, if appli- cable: • Physical demands specific to the worksite includ- ing posture, force, repetition, repeated impacts, hand -arm vibration, duration, work pace, task variability and recovery time; • Layout of the work area, including reaches, work- ing heights, seating and surfaces; and • Manual handling requirements, including size, shape, weight, and packaging. [Tine 246 WAC —p. 1399] 296 -62 -05130 Title 296 WAC: Labor and Industries, Department of (3) WAC 296 -62 -05130 - A.nalyzing and reducing WIVISD hazards: General Performance Approach Individuals responsible for hazard analysis must know how to use the analysis method effectively and be informed about the requirements of this rule. (4) The employer must reduce all WMSD hazards below the. criteria chosen in WAC 296 -62- 05130(1) or to the degree technologically and economically feasible. (5) Employers must reduce WIvISD hazards as described (5) below by: (a) Implementing controls that do not rely primarily on employee behavior to reduce WMSD hazards, such as the following: • • Changes to workstations and tools • Reducing the size and weights of loads han- dled • Process redesign to eliminate unnecessary steps or introduce task variety Job rotation (b) If employers cannot reduce WMSD hazards below the hazard level using the controls identi- fied above, they must supplement those controls with interim measures that primarily rely on indi- vidual work practices or personal protective equipment. Examples of such practices include the following: • Impact gloves • Team lifting • Training on work techniques (c) This rule does not require an employer to control WMSD hazards by replacing full -time employees with part -time employees or otherwise reducing an individual's hours of employment. If an employer has implemented all other technologi- cally and economically feasible controls, and a WMSD hazard remains, the employer will be deemed in compliance with this subsection. (6) If measures to reduce WIvISD hazards include changes (6) in the job or work practices then job- specific training must he provided. This job - specific training must include: • The hazards of the work activities; • Safe work practices; and • The proper use and maintenance of specific mea- sures to reduce \'VMSD hazards that have been implemented. (7) No written ergonomics program is required. The (7) employer must he able to demonstrate the following: [Title 296 WAC—p. 1 400] The method used to analyze "caution zone jobs "; The criteria used to identify WMSD hazards; The jobs with identified WMSD hazards; and ( (4) • WAC 296 -62 -05130 - Analyzing and reducing WM.Sp hazards: Specific Performance Approach Individuals responsible for hazard analysis must,, • know how to use the analysis sis rovided in A' Y provided ppendix,T • B effectively and be informed about the require - { • ments of this rule. The employer must reduce. all W'MSD hazards , r<9 'y'; below the criteria in Appendix B of this rule or the degree technologically and economically g } eas- . ble. • ; Same as General Performance Approach. Same as General Performance Approach. ("003 No written ergonomics program is required. The employer must be able to demonstrate that all WMSD hazards have been reduced below the cnte:; ria identified in Appendix B of this rule or to the. degree technologically and economically feasible.,' 4?• WAC 296 -62 -05130 - Analyzing and reducing WMSD 3,al. hazards: General Performance Approach ,f' • The reduction of all WMSD hazards below the criteria chosen in WAC 296 -62- 05130(1) or to the degree technologically and economically feasi- ble. tatutnry Authority: RCW 49.17.010,149.17).040, and 149.17].050. 00 - 024, WAC 296 -62 -05140 How must employees be kept in: olved and informed? (1) The employer must provide for , :'.tea encourage employee participation in analyzing "caution ne jobs" and selecting measures to reduce WMSD hazards. ?'employers with eleven or more employees who are required 'to have safety committees (WAC 296 - 800 -130), must ,,`involve this committee in choosing the methods to be used r employee participation. (2) Employers with eleven or more employees must are the following information with the safety committee (if 'ommittee is required by WAC 296- 800 -130). Employers ho are not required to have a safety committee (WAC 296- 0-130) must provide this information at safety meetings: } • The requirements of this rule; • Identified "caution zone jobs '; • Results of the hazard analysis and/or identification of s with WMSD hazards; and • Measures to reduce WMSD hazards. (3) The employer must review its ergonomics activities •at least annually for effectiveness and for any needed ^+ is :.. ,,ltnprovcmcnts. This review must include members of the ` 1-e committee where one exists or ensure an equally effec- z�.h' eq ;live means of employee involvement. `` Authority: RCW 49.17.010, 49.17 .040, and [49.17).050. 01-23 - ▪ ... n' ry 1 l c 060 § 296 -62. 05140, filed 11201 effective 711/02; 00- 12-024, § 296-62 - j:4140, filed 5126/00, effective 7!1102.] WAC 296 -62 -05150 How are terms and phrases used his rule? Note: Check L&I's WISHA Services website at t :l /www.lni.wa.gov /wisha/ergo for current links to any of web sites referred to in this section. • ACGIA threshold limit values for physical hazards - e American Conference of Governmental Industrial gienists, Thresholds Limit Values for Chemical Sub - t stan and Physical Agents in the Work Environment, and • o logical Exposure Indices (TLVs and BEls). Available for ...purchase at the ACGIH website at http:/ /www.acgih.org. ANSI S3.34-1986 (R1997) Hand Aran Vibration Stan - d81ds - American National Standard Guide for the Measure- : `' ment•and Evaluation of Human Exposure to Vibration Trans- , ;ui]tt ed,to the Hand. ANSI S3.34 -1986 (R1997). Available for :Purchase at the ANSI website at http: / /web.ansi.org/ defy k it:Itm. ' ' C aution zone jobs" - Jobs where an employee's typi- eaani activities include any of the specific physical risk s : identified in WAC 296 -62- 05105. These jobs have a ^S ufficient degree of risk to require ergonomics awareness ed and job hazard analysis. ,2 of Energy ErgoEASER - Ergonomics .• ; , Awareness, System Evaluation and Recording General Occupational Health Standards 296 -62- 05150 WAC 296 -62- 05130 - Analyzing and reducing WMSD hazards: Specific Performance Approach § 296 - 62 - 05130, fled 5/26/00, effective 7/1/02.] (ErgoEASER) software package. U.S. Department of Energy, Office of Environment, Safety, and Health (1995). Can be downloaded from the Department of Energy website at http: / /tis.eh. doe. gov /others/ergoeaser /download.htm. Ergonomics - The science and practice of designing jobs or workplaces to match the capabilities and lirnitations of the human body. Full Time Equivalent (FTE) - The equivalent of one person working full -time for one year (2,000 worker hours per year). For example, two persons working half time count as one PTE. High Hand -Arm Vibration Levels - Tools with vibra- tion values equal to or greater than 10 meters per second squared (m /s eight -hour equivalent. Examples include some impact wrenches, carpet strippers, chain saws, and percussive tools. Intensive Keying - Keying with the hands or fingers in a rapid, steady motion with few opportunities for temporary work pauses. Job Strain Index - The Strain Index: A proposed method to analyze jobs for risk of distal upper extremity dis- orders, Moore, J.S., and A. Garg, (1995). Published in Amer- ican Industrial Hygiene Association Journal, volume 56, pages 443 -458. Website at http: / /sg- www.satx.disa.mil/ hseoerno/tools/strain.htm. Moderate Hand -Arm Vibration Levels - Tools with vibration values between 2.5 and 10 meters per second squared (m/s eight -hour equivalent. Examples include some grinders, sanders, and jig saws. . NIOSH Lifting Equation, 1991 - Waters, T.R., Putz- Anderson, V., Garg, A., and Fine, L.J. (1993). Revised NIOSH equation for the design and evaluation of manual lift- ing tasks. Published in Ergonomics, volume 36 (7), pages 749 -776. For a manual on using the lifting equation see: Applications Manual for Revised Lifting Equation, Waters, T., Putz- Anderson, V., Garg, A., (1994). Available from the National Technical Information Center (NTIS), Springfield, VA 22161. 1- 800 -553 -6847. Calculator website at http: // www- industrialhygiene .corn/calc /lift.html .Application guide line website at hup:/ /www.cdc.gov /niosh/94- 110.html. Rapid Entire Body Assessment tool (REBA) - Hignett, S. and McAtamney, L. (2000) Rapid entire body assessment (REBA). Published in Applied Ergonomics, volume .31, pages 201 -205. Recovery Time - Work periods with light task demands, or rest breaks, that permit an employee to recover from phys- ically demanding work. • • The Rapid Upper Limb Assessment (RULA) - McAt- amney, L. and Corlett, EN. (1993) RULA: A survey method for the investigation of work - related upper limb disorders. [Title 296 WAC—p. 1401] 296 -62- 05160 Published in Applied Ergonomics, volume 24 (2), pages 91- 99. UAW -GM Risk Factor Checklists - UAW -GM Risk Factor Checklist 2, 1998. UAW -GM (United Auto Workers- General Motors) Center for Human Resources, Health and Safety Center, 1030 Doris Road, Auburn Hills, Michigan. Work Activities - The physical demands, exertions, or functions of the job or task. Work- Related Musculoskeletal Disorders (WMSDs) - Work- related disorders that involve soft tissues such as muscles, tendons, ligaments, joints, blood vessels and nerves. Examples include: Muscle strains and tears, ligament sprains, joint and tendon inflammation, pinched nerves, Employer • All employers in SIC codes* 078, 152, 174, 175, 176, 177, 242, 421, 451, 541, 805, and 836 who employ 50 or more annual full time equiva- lents (Hits) in Washington state. • The Washington State Department of Labor & Industries • The remaining employers in SIC codes* 078, 152, 174, 175, 176, 177, 242, 421, 451, 541, 805 and 836 • All other employers who employ 50 or more annual full tirne equivalents (I-1'Es) in Washington state All other employers employing 11 -49 annual full time equivalents (Fr s) in Washington state. All other employers employing 10 or fewer annual full time equivalents (F11:s) in Washington state. New workplaces or businesses July 1, 2003 July 1, 2004 July 1, 2005 OR According to the schedule above Significant changes to existing work- 2 months after significant changes occur places or businesses OR According to the schedule above "Note: SIC code is tree employer's primary SIC based on hours of employrnenr. See Appendix C of this ntle for descriptions of these SIC codes. Note: Help for employers in implementing the role. (1) Developing Ergonomics Guides and Models The department will work with employer and employee organizations to develop guides for corn - plying with this rule (for example, a model program for ergonomics awareness education). Employer use of these guides will be optional. ['title 296 WAC - p. 1402] Title 296 WAC: Labor and Industries, Department of INrriA1 IMPLEMENTATION SCHEDULE Awareness Education Completed And Hazard Analysis Completed July l., 2002 July .l , 2003 July 1, 2004 July 1, 2005 July 1, 2006 SUPPII'sMENTAL IMPLEMENTATION SCHEDULE One year from the date the new work- 15 months from the date the new woO', place or business is established place or business is established OR • According to the schedule above --17(_„.4 ai c r jt' 3 months after significant changes aeal d • OR •.tttt According to the schedule above (2) Identifying industry "Best Practices" T The department will work with employ'ef' employee organizations to develop or identify rn0! , ods of reducing WMSD hazards that will seryepas; -• examples of industry- specific "best practices;'L;; industry - specific "best practices" are deve.4T they-may be used to demonstrate employer cOrplt' ance with the requirement to reduce `1'i\'1Sn h ards. Employers will not be restricted to the ase R3' :i industry "best practices" for compliance. . • r (3) Establishing Inspection Policies and Procedu The department will develop policies and-Of doges for inspections and enforcement of tli s14"!- t 20rl.i Ed degeneration of spinal discs, carpal tunnel syndrome, tendini- tis, rotator cuff syndrome. For purposes of this rule Whisp do not include injuries from slips, trips, falls, motor vehicle accidents or being struck by or caught in objects. [Statutory Authority: RCW 49.17.010, (49.171040, and [ - 024, § 296 -62- 05150, filed 5!26!00, effective 7!1!02.] PART 3 WAC 296 -62- 05:160 When must employers comply with this rule? Employers covered by this rule must comply with its requirements by the dates shown. Hazard Reduction Completed 1; Raising the above the head hands • Bending the back 30 0 1 45a Bending the wrist . Extension 45° / F- 45° Flexion Raising the elbows above - � - the shoulders • • Squatting . . 30 . . Ulnar little 9d° deviation (bent towards the finger) I . d• Bending the . 30° r neck Kneeling 30 4 l :r and mcth=l :rye as], :s. ' AS loped; ompl i- D haz a} use of• lures 'i prose is rule 4 • 003 Ed.) before the rule is enforced. These policies and pro- cedures will be communicated to employers and employees through mailing lists, business associa- tions, labor unions and other methods before the department issues any citations or penalties. Conducting Demonstration Projects Following adoption of this rule, the department will work with employers and employees to undertake demonstration projects to test and improve guide- lines, "best practices" and inspection policies and procedures as they are developed. Providing Information on Ergonomics The department will work with employer and employee organizations to collect and share the Awkward Postures General Occupational Health Standards 296 -62- 051.72 most effective examples of ergonomics training, job analysis, and specific solutions to problems. The department will make special efforts to share this information with the small business community. [Statutory Authority: RCW 49.17.010,149.17].040, and [49.17].050.00-12 - 024. § 296 -62- 05160, filed 5/26100, efft ctive 7/1/02.] WAC 296 -62 -05172 Appendix A: Illustrations of physical risk factors. The following illustrations arc pro- vided as reference only. Some users of this rule may find the pictures aid their understanding of the text in WAC 296 - 62- 05105. [Title 296 WAC —p. 1403) 296 -62 -05174 High Hand Force Pinching 2 lbs. Gripping 10 lbs. Repeated Impacts Using the hand as a hammer [Statutory Authority: RCW 49.17.010, [49.171.044, and [49.17].050.00-12 - 024, § 296 -62 -05172, filed 5/26/00, effective 7/1/02.] WAC 296 -62 -05174 Appendix R: Criteria for ana- lyzing and reducing WMSD hazards for employers who choose the specific performance approach. For each "cau- tion zone job" find any physical risk factors that apply. Read- ing across the page, determine if all of the conditions are present in the work activities. If they are, a WMSD hazard exists and must be reduced below the hazard level or to the degree technologically and economically feasible (see WAC 296-62-05130(4), specific performance approach). [Title 296 WAC — p. 14041 Title 296 %VAC: Labor and Industries, Department of Awkward Posture Body Part Physical Risk Factor Working with the hand {s) above the head or the elbow (s) above the shoulder(s) Repetitively raising the hands) above the head or the elbow {s} above the shoulder(s) more than once per minute Working with the neck bent more than 45° (without support or the ability to Crary posture) • Working with the back bent forward more than 45° (without support or the ability to vary posture) General Occupational Health Standards Duration More than 4 hours total per day More than 4 hours total per day More than 4 hours total per day Working with the back bent forward More than 4 hours more than 30° (without support. or the total per day. ability to vary posture) More than 2 hours total per day Visual Aid 45 296 - 462-05174 Check (,I ) here if this is a WMSD hazard D (Title296 WAC—p.14U5] 6' 296 -62 -0174 Title 296 WAC: Labor and Industries, Department of Awkward 'Posture (continued) Body Pa Physical Risk Factor Knees Squatting t rieeling Duration ' More than 4 hours total per day More than 4 hours total per day Visual Aid [Title 29'45 li'AC —p. 14061 General Occupational }Iealth Standards 296 -62 -05174 f Arms, wrists, hands Arms, , Wrists, hands High Hand Force Physical Risk Factor Pinching an unsupported object(s) weighing 2 or more pounds per hand, or pinching with a force of 4 or more pounds per hand (comparable to pinching half a ream of paper) Gripping an unsupported object(s) weighing 10 or more pounds per hand, or gripping with a force of 10 pounds or more per hand (comparable to damping Tight duty automotive jumper cables onto a battery) Combined with Highly repetitive motion Wrists bent in flexion 30° or more, or in extension 45° or more, or in ulnar deviation 30° or more No other risk factors Highly repetitive motion Wrists bent in flexion 30° or more, or in extension 45 or more, or in ulnar deviation 30° or more No other risk factors Duration More than 3 hours total per day More than 3 hours total per day More than 4 hours total per day More than 3 hours total per day More than 3 hours total per day More than 4 hours total per day . Visual Aid inner devia,ipn Check (✓ ) here if this is a WMSD hazard [Title 296 WA C —p. 1407] 296 -62 -05/74 Neck, shoulders, elbows, wrists, hands Repeated Impact Body Part Hands Knees {Title 296 WA x,,14081 Physical Risk Factor Using the same motion with little or no variation every few seconds (excluding keying activities) Using the same motion with little or no variation every few seconds (excluding keying activities) Intensive keying Physical Risk Factor Title 2% WAC; Labor and Industries, Deportment of Combined with No other risk factors Using the hand (heeilbase of palm) as a .hammer more than once per minute Using the knee as s hammer more than once per minute No other risk factors Wrists bent in flexion 30° or more, or in extension 45° or more, or in uiner deviation 30° or more AND • High, forceful exertions with the hand {s} Awkward posture, including wrists bent in flexion 30° or more, or in extension 45' or more, or in ulner deviation 30 or mare More than 2 hours total per day More than 2 hours total per day Duration More than 6 hours total per day More than 2 hours total per day More than 4 hours total per day More than 7 hours total per day Check (1) here if lhis l: a WhtsD hazard Check (v" ) here if this is a WMSD hazard LJ {200.3 Ed.} General Occupational Health Standards 296 -62 -0174 This analysis only pertains if you have "caution zone jobs" where employees lift 10 lbs. or more (see WAC 296 -62- 05105, Heavy, Frequent, or Awkward Lifting) and you have chosen the specific performance approach. Find the Limit Reduction Modifier. Find out how many times the employee lifts per minute and the total number Of hours per day spent lifting. Use this information to look up the Limit Reduction Modifier in the table below. Above shoulder Waist to shoulder Knee to ) Waist t� Find out the actual weight of objects that the employee lifts. Actual Weight = lbs. Determine the Unadjusted Weight Limit. Where are the employee's hands when they begin to lift or lower the object? Mark that spot on the diagram below. The number in that box is the Unadjusted Weight Limit in pounds. ;u nadjusted Weight Limit: lbs. 40 j 30 40 I Belo +n+ '‘C: knee 70 50 35 i . 0" 7" 12" • Near Mid- Extended range How many lifts per minute? 1 lift every 2 -5 mitts. 1 lift every min 2 -3 lifts every min 4 -5 lifts every min 6-7 lifts every min 8-9 lifts every min 10+ lifts every min For how many hours per day? 1 hr or less 1.0 0.95 0.9 0.85 0.75 0.6 0.3 1 hr to 2 hrs 0.95 0.9 0.85 0.7 0.5 0.35 0.2 2 hrs or more 0.85 0.75 0.65 0.45 0.25 0.15 0.0 Note: For lifting done less than once every five minutes use 1.0 Limit Reduction Modifier: Calculate the Weight Limit. Start by copying the Unadjusted Weight Limit from Step 2. Unadjusted Weight Limit: = lbs. lithe employee twists more than 45 degrees while lifting, reduce the Unadjusted Weight Limit by multiplying by 0.85. Otherwise, use the Unadjusted Weight Limit Twisting Adjustment: = Adjusted Weight Limit: = lbs. Multiply the Adjusted Weight Limit by the Limit Reduction Modifier from Step 3 to get the Weight Limit. X Limit Reduction Modifier: Weight Limit: = lbs. Is this a hazard? Compare the Weight Limit calculated in Step 4 with the Actual Weight lifted from Step 1. If the Actual Weight lifted is greater than the Weight Limit calculated, then the lifting is a WMSD hazard and must be reduced below the hazard level or to the degree technologically and economically feasible. bye ote: If the job involves lids of objects with a number of different weights and /or from a number of different locations, use Steps 1 through 5 to: Analyze the two worst case lifts — the heaviest object lifted and the lift done in the most awkward posture. ' the most commonly performed lift. In Step 3. use the frequency and duration for all of the lifting done in a typical workday. (Title 296 OVA C — 14091 296-62-05174 Example: • An impact wrench with a vibration value of t2 mfs is used For 214 hours total per day, The exposure level is in the Hazard area, The vibration must -be reduced below the hazard level or lo the degree technologically and e Feasible. [Tide 296 WAC —p- 14101 - 'Me 296 AC: Labor and Industries, Dcpirtincrrt ot` Hand -Arm Vibration Use the instructions be &ovr to determine if a hand -arm vibration hazard exists. Step 1. Find the vibration value for the tool. (G21 it f&Otn the manufacturer, look it up at this web site: ti� http_ /furnetec€t.niwl,se vibrationiaAVElorne.html, or you may measure the vibration yourself)- The "° vibration value will be in units of meters per s econc squared (m /s On the graph below find the point oh' the !eft side that is equal to the vibration value, Note_ You can also link to rha wth site through the LcPii W7,5 4 Services Ergorwn ics web site: hdrp.'llww w- fni- wa, go - viivsheler o Step 2. Find out bow many total hours per day the employee is using the tool and find that poirit oa the bottom of the gsaph- Siep 3. Trace a ]inc in from each of these two points unti] they cross. Step 4, If that point lies in the crosshatched "Hazard" area above the upper curve, then the vibration hazard must b reduced below the hazard levet or to the degree tectuioloeicatly and economically feasible If the point lies between the two curve in the "Caution "' area, then the jab remains as a "Caution Zone Job." :If it falls in the "OK" area below the bottom curve, then no further steps are required. IStasutary Authority, RCW 49.11.010, f49-171.040, and [ 00 -12 -024, s 296.62-05.174„ Fled 512GV I2, e[fei ive 7IUO2-] 3 4 5 6 7 Note: The caution limit c7,ric (IDDECtinA is based on an S -hour energy- r quEvalerat frequency - weighted acccicraEion varucor2 -5 mfs The hazard limit curve (kip) is based on an 8 -hour energy - equivalent frequency- weighted acceleration value of 5 mis2- r 5• �l ' Iiste d in the irn Icmentati p on schedule (WAC 236 -62- 05.160) are provided below. SIC codes are established by the federal Office of lvla nagement and Budget and are listed in the Standard Industrial Classification Manual, 1987 edition. ] SIC * '•078 .152 a X174 75 176 77 42 Air Transportation, Scheduled and Air r Courier G 1 Grocery Stores WAC 296 -62 -05176 Appendix C: Standard industry classification (SIC) codes. The descriptive titles for the SIC codes INDUSTRY Landscape and Horticultural Services General Building Con- tractors, Residential Buildings Masonry, • Stonework, Tile Setting & Plastering Carpentry and Floor Work Roofing, Siding and Sheet Metal Concrete Work Sawmills & Planing Mills Trucking & Courier Service, not Air Nursing & Personal Care Residential Care C or NA1CS equivalent. In 2000, federal agencies that uce statistical data will adopt NAICS (North American stry Classification System) codes and begin to phase out IC codes. State and local government agencies also will this new coding structure to promote a common language al today's industries. C - not elsewhere classified. • ie/FY Authority: RCW 49.17.010, [49.17).040, and [49.17).050, 00-12 - 296 -62- 05176, filed 5/26/00, effective 7/1102.1 xr 3. y J' PART B— ACCESS TO RECORDS '?1C 296 -62 -052 Access to employee exposure and cal records. 3r q Authority; Chapter 49.17 RCW, 89 -11 -035 (Order 89 -03), § 296 - ' , 2 Oiled 5/15/89, effective 6/30/89. Statutory Authority: RCW '477:'( i1 0 :'49.17.050 and 49.]7.240. 81 -18 -029 (Order 81 -21), § 296-62- filed 8/27/811 General Occupational Health Standards 296 - 62 - 05201 EXAMPLES • lawn and garden services • ornamental shrub and tree services general contractors single family houses general contractors residential buildings other than single family • masonry, stone setting, and other stone work • . plastering, drywall, acoustical, and insulation work • terrazzo, tile, marble, and mosaic work • carpentry work • floor laying and other floor work (NEC * *) • installation of roofing, siding, and sheet metal work includes portland cement and asphalt • sawmills and planing mills • hardwood dimension and flooring mills • special products sawmills (NEC * *) • trucking ▪ local trucking with or without storage • courier services (except by air) • scheduled air transportation • air courier services Note: WISHA jurisdiction excludes planes in flight supermarkets food stores • grocery stores • skilled nursing care facilities • intermediate care facilities • nursing and personal care facilities (NEC * *) • establishments primarily engaged in the provision of residential social and per- sonal care for children, the aged, and special categories of persons with some limits on ability for self -care, but where medical care is not a major element. Purpose. The purpose of this sec - 'ees and their designated representa- to relevant exposure and medical ;presentatives of the director of labor ccess to these records in order to ful- r the Washington Industrial Safety )y employees, their representatives, and industries is necessary to yield nprovements in the detection, treat - ccupational disease, Each employer g compliance with this section, but complying with the access to medi- tn be carried out, on behalf' of the employer, by the physician or other health care personnel in charge of employee medical records. Except as expressly provided, nothing in this section is intended to affect existing legal and ethical obligations concerning the maintenance and confidentiality of employee medical information, the duty to disclose information to a patient/employee or any other aspect of the medical -care relationship, or affect existing [Title 296 WAC—p. 1411) Spokane 0 Valley Memorandum To: David Mercier, City Manager and Members of Council From: Mike Jackson, Parks and Recreation Department CC: Nina Regor, Deputy City Manager Date: September 12, 2003 Re: Operation of Spokane Valley Senior Citizens Center As you know, the ownership and operation of the Spokane Valley Senior Citizens Center is in transition from Spokane County to the City of Spokane Valley. In addition to this transition, the City will build a new senior center that will be completed in 2005. Understandably, the Spokane Valley Senior Citizens Association is concerned about these major changes and about their future role in the Senior Center operations. Background Information 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org • The Spokane Valley Senior Citizens Association (Association) incorporated in March 12, 1973. They celebrated their 30 year anniversary this year. • In October, 1974, Spokane County adopted an agreement with the Spokane Valley Rotary Club to accept a multipurpose senior center that was to be constructed by the Rotary Club in Valley Mission Park. • The Valley Senior Center Advisory Board was originally formed by Resolution No. 79 0122 of the Spokane County Board of Commissioners on January 29, 1979. A copy of the Resolution is attached to this memorandum. • For many years, the Association has provided programming, collected revenues, and hired their own personnel. They are an incorporated 501(c) (3) organization. At some point, it appears that the Spokane County Commissioners stopped appointing Senior Center Advisory Board members or possibly the Association Board members simply served as the Advisory Board. The County continued to provide some maintenance support and a county employee contact for the Board. • In April 2002, the County hired a part-time Senior Center Specialist to help coordinate the activities of the senior center. 1 • In June 2003, the new City of Spokane Valley upgraded the part -time Senior Center Specialist to full -time. This position is funded by the City. In addition to the City funded staff, the Association funds a part -time clerical position for 80 hours /month. Volunteers and Board members constitute the remainder of the work force at the Center, The Senior Center Association has also taken the initiative to raise funds, resulting in substantial improvements to the Senior Center_ For example, in 1999, the Association raised approximately $40,500 to purchase a new bus which they donated to Spokane County for use at the Senior Center. ▪ The estimated 2004 City budget for Senior Center operations is $114,000_ The estimated 2005 budget for the first year of the new Senior Center in Center Place, is $ 177,661. ▪ The Senior Center Association currently contributes $ 12,000 annually to the City for support of the senior center operations. There has also been mention in. the Board minutes of an additional $5,000 to be paid toward the Senior Center Specialist position. This needs further clarification, The Association Board is questioning if they will still have to pay the $12,000 if the City takes over the room rentals. Estimates of revenues from room rentals in the existing building range from $9,000 - $16,000. The estimate used in the pro -forma for 2005 rentals of Senior Center space in CenterPlace is $14,625, • In 2003, the Senior Center Board was informed that the City of Spokane Valley would assume the responsibility of room rentals at the Senior Center and would collect those revenues for the City. The Board did not readily embrace this idea and this has become the focus of contention with the Board. • A decision was made to ''rough in" the upstairs of the conference wing of CenterPlace. In making their recommendations, city staff presented the concept of utilizing the Senior Center space to help generate revenues in the facility. Forecasts of room rentals and revenue expectations were made, based on the after -hours rental of the Senior Center to outside groups. There are really two issues that staff is seeking direction on; 1. 2004 Operations The first issue is the 2004 operation of the Senior Center at its current location in Valley Mission Park. The President of the Senior Citizens Board has indicated that the Board can accept some operational change when the program moves to the new Senior Center at CenterPlace. However, they disagree with the City's decision to take over the room rentals in 2004, while they are still at the Valley Mission location. in addition, they would like to know what the Association's 2004 financial commitment to the City will be, if the City takes over the rental revenues. As mentioned, the crux of the issue is the rental of senior center space to outside individuals and organizations, The Senior Citizens Association has requested "status quo" for 2004. In other words, they would like to continue collecting the revenues for the outside rentals and continue 2 paying the City $1 per year (the additional $5,000 needs to be discussed). This option would allow plenty of time to resolve the future operation at CenterPlace, which is the larger issue at stake. 2. Senior Center at Center Place The second issue concerns the operation of the Senior Center after it moves to the new CenterPlace Community Center. The new facility will be twice as large as the current building. Whether it is operated by the City or the Board, the facility will require full -time personnel or a serious commitment by volunteer staff. It will take a substantial effort to operate and maintain this large facility and to realize the full potential of participation and programming In the operating pro - firma for CenterPlace, staff made revenue predictions based on rental of the various rooms in the senior center. The revenues will help offset operating costs. This rental space has become even more critical now that the upstairs of the conference area will initially be roughed in. Following are two possible approaches to the operation of the new facility. 1. The City of Spokane Valley could provide the building and allow the Senior Center to be operated by the Senior Center Association. This would include the Association Board being responsible for programming, membership, and room rentals as well as general operation and maintenance of the facility. The amount to which the City would subsidize the operation would be determined by City Council, but could be similar to the services currently provided. Depending on the level of subsidization, this scenario may potentially be the most cost effective for the City. However, in terms of increasing the membership /use and developing new programs and ensuring the proper maintenance of this new facility, this scenario may or may not be as effective. 2. The City of. Spokane Valley would operate the Senior Center. The City would provide staffing and programming and collect revenues. The City also would maintain the facility and would combine the room rentals into one operation with the balance of the CenterPlace facility. The programming and advertising would be combined with other parks and recreation programming. There could be a Senior Center Advisory Board as was originally developed by Spokane County. However, another option would be a Parks and Recreation Advisory Board that would cover all aspects of the Department, including the Senior Center. The Senior Center Board could still exist but they would be independent of the City. They would have the capability to program special events at specific times and dates for fund- raising activities. Monies raised by the Board would belong to them and they could determine if and how the money would be donated to the Senior Center or its programs. Summary There are issues to be resolved. It is really a matter of determining which agency will ultimately be responsible for the operation of the facility. In either case, all parties must have an ongoing cooperative relationship to make the program successful. The Senior Center Board has invested a great deal of time and effort in making the Valley Mission Senior Center successful. They are 3 to be commended for their efforts. The new facility will be substantially larger and will represent a major investment by the City and the community. It is important that the City explore all possibilities for future operations. It should also be noted that a future Parks and Recreation Master Plan (if approved), would include a comprehensive overview of Senior Center needs and programming options. In this instance, the City would benefit from the input of the entire community - not just those currently involved. For example, demographics extrapolated from Spokane County would indicate approximately 22,000 City of Spokane Valley residents that fall in the 50 + age bracket. The combination of new City leadership and the development of the new Senior Center represent significant change to the status quo at the Senior Center. However, it also provides the City and the Senior Citizens the opportunity to explore a variety of management concepts for a brand new facility. Attachment: Spokane County Resolution No. 79 -0122 Spokane Valley Senior Citizens Advisory Board/Committees/Clubs 4 RECEIVED - FEB Z 1979 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, 1r'ASHIP � K ANE COUNTY DEPARTMENT c ) IN THE MATTER WOWING TIE } RES.0LUT10 Il VALLEY SENIOR CENTER ADVISORY BOARD ) AND SETTING FORTH PURPOSE THEREOF ) WHEREAS, the Board of County Commmissioners of Spokane County, pursuant .• • to the provisions of the Revised Code of Washington, Section 36.68.090 is empowered to build, construct, care for, control, supervise, improve, operate and maintain parks and recreation facilifies; and . WHEREAS, the Board of County Commissioners of Spokane County, pursuant to the provisions of the Revised Code of Washington, Section 36.68.010 may establish park and playground systems for public • recreational pur- poses and for such purposes shall have power to acquire lands, buildings, or facilities by gift, purchase, lease, device; bequest. and /or condemna- tion; and WHEREAS, the Board of County Conmiissioners•of Spokane County, pursuant to the provisions of the Revised Code of Washington, Section 35.59.030 is authorized individually or jointly with any other municipality to • acquire by purchase, condemnation, gift or grant and to construct, install - , add to, improve, replace, repair, maintain, operate and regulate a multi- purpose community center; and WitEREAS, the Board of Commissioners of Spokane County, pursuant to the above cited statutory sections did, by License Agreement by and between Spokane County and Spokane Valley Rotary Club, adopted on October 10, 1974, accept a completed facility built at the '!alley Mission Park-to house a multi- purpose senior citizens center and in conjunction therewith granted a license to the Valley Rotary, their contractors, subcontractors, and employees of the same to enter onto that portion of Valley Mission Park for the purpose of constructing a multi- purpose senior citizen center; and • WHEREAS, the Board of County Comissioners of Spokane County is desirous of appointing a Valley Senior Center Advisory Board of Directors to act as a liaison between Spokane County's Senior Citizen Center and the user groups and to assist the Spokane County Parks and Recreation Department and the Board of County Commmissioners in determining the most appropriate procedures for operating and improving the Valley Senior Citizens Center; and WHEREAS Spokane County Parks and• Recreation Department has recoimiended persons to be appointed to the Valley Senior Center Advisory Board, effective January 19, 1979, for terns as set forth in said recommendation. BE IT THEREFORE RESOLVED by the Board of County Commissioner of Spokane County, Washington that appointments to the Valley Senior Center Board be made as set forth in the attached recommendation froin•the'SpOkan' County Parks and Recreation Department. BE iT FURTHER RESOLVED that said Valley Senior Center Advisory Board shall act as a liaison between Spokane County's Senior Citzens Center and the user groups and shall assist the Parks and Recreation Department and the Board of County Commissioners in determining the most appropriate procedures for operating and improving the Valley Senior Citizen- Center.• in the organizational chart, attached hereto and incorporated' herein by reference. APPROVED BY THE BOARD this 29 day of January,. 1979. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST: VERNON If . MILANO ClerkAphe Board Air by 11:' Ros• nne hlc}ntague, De pu y Cler 8. Establlshment -.Board of Directors for the Spokane County SeniorCltlzans' Center 0- Apppiniment D. Terra E. Vacancies 1. Removal G. Officers H. AdvisoryCoruruftlee - Meetings" Rules and Pegufatians I. Compensation - Expenses J. Pawors and Dulles of the Activated Advisory Committee K. Committees _ L, Clubs (Affiliated with the Valley Senior Citizen Center} A. Purpose The purpose of this parnphiat' Is to explain the Board of Directors of Senior Citizens to act as a liaison between Spokane County and the Senior Citizens using the Spokane Valley Senior C1Ilzens' Canter as well as to assist the Spokane County Park & Recrea- tional Department and the .Board of County Cammfsslaners of Spokane County In deler- mining the most appropriate procedures For the supervision, maintenance, operation, and frnprovement of the Spokane Valley Senior Citizens' Center Iacaled'at Valley Nilsslan'• : Park within Spokane., B. Establishment -Huard of Directors for the Spokane County SeniorClt4ens' Center, -There a hereby crested an Board of Dlreotors For the Spokane Valley Senior CIItzen5' 'Center, hereinafter referred to as the "Center" to consist of nine members to he known as !ha Board of Directors for the Spokane Valley Senior CIIIzens' Center - EJ7110p CITIZEN CENTER ORBAM MAMMAL CHART ' • 5ECTIDNS A. Purpose SPOKANE VALLEY SENIOR CITIZENS ADVISORYBOARDICOMMITTEESICLLIBS - RULES AND REfHJLATrONS • PARK r DIVIaIOx 64ARO OF COMITY • •COMMrSTIOH ER3 IF EPAATR EFT PARKE 6 RECREATION - I L DO of RECA EATIO1I OJ•ISI¢N B1NJOA CITIZEN DIRECTOR dPHJOa CENTER 1 AA � ,O� EC 6O0 OF TCIRE J 4 . Appolntni The members of the Board shall be elected by the democratic voting procedure by the senior members registered with the Spokane Valley Senior Center. D. Term The first terms of the members of the Advisory Board shall be as follows: Nine (9) shall be appointed for three years and - an advisor from the Spokane County Park & Recreation Department. E. Vacancies Vacancies occurring for any reason other than expiration of the term shall be Illiod by appointment by the Board for the unexpired portion of the term. F. Removal All elected members of the Board serve at the pleasure of the Park & Recreation Department and senior members of Spokane County and may be removed through the recommendation from the Spokane County Park & Recreation Assistant Director to the Park& Recreation Director. O. Officers The Board shall elect yearly a Chairperson and Vice - Chairperson as well as Secretary from among the elected members. The Chairperson shall preside over all meetings. H. Advisory Board - Meetings, Rules and Regulations • The Board shall hold not Tess than one regular meeting every rnonth. Said meeting shall. be held on the lst Thursday of each month. All meetings shall be opened to the public. The Board may adopt rules and regulations far •the - transactions, findIngs"and deter- minations. Ouarum consists of 1 over V4 members, or 8.members present. Each having an equal vote. I. Compensation - Expenses Members of the Advisory Board shall serve without compensation and/or per diem: J. Powers and Duties of Activated Advisory Board The Advisory Board shall have the power lo: 1. Held meetings relative to the supervision, maintenance, operat nprovemcnt and operating procedures including but not necessarily limited to revenue producing activities and programs, general programming, major improvements to building use ' policies, to be Implemented at the Valley Mission Park Senior Center within Spokane County. 2.' Make recommendations as a result of meetings to the Spokane County Park & Recreation Department. The Spokane County Park & Recreation Representative and Director shall review said recommendation and if necessary, present It to the Board of County Commissioners of Spokane County. 3. All decisions must be made In the best Interest of the Spokane Valley Senior Citizen Center user and not based on one specific group's needs or demands. Chafkpersyrf Vice - chairperson Secretary Treasurer • K. Committees 1. Every Committee will consist of a cross - section of members from all existing groups. 2. Committees will be formed through the Center Board of Directors. 'Any Center partic- ipant who wishes to be on a Committee will have the opportunity. 3. All Committees (wllh.exceplion of "finance ") will consist of members who are not on the Center Board of Directors. 4. Committees will be: 1. FINANCE: With Park & Recreation Department representative, fiscal liaison officer of the Center Board of Directors. 2. REFRESHMENTS: Everyday workings, coffee, cookies, potlucks, etc. 3. MUSIC: Oakes and Sing -a- Longs. 4. HEALTH and FITNESS: Aerobics, clinics, etc. 5. GAMES: Bingo, Cards and Table Games. 6. ARTS & CRAFTS: Ceramics, Sewing, Painting, Knitting, Crocheting, etc. - _ 7. BUILDING: Improvements and Structure. 8. SPECIAL EVENTS: Tours, Education and Transportation. 9. RECREATION: Pool, Ping Peng, etc. 5. New Committees will be formed upon approval from the Center Board of Directors and Spokane County Park & Recreational Department Representative. c3� - !; 4��,�'.�0}h.;,mil!WSL,e!JE?} !'!' I i i!li. !iiuiN��'�"i!k"•; iii;`;, y! k" :?tF?s�H�.�"'� !i�ji7��lMil'r�: ' �i�i�t ° �� ?i11r��'I�'.'�r1hS!`i!� ' fi. A I a ittees must act In the best interest of the Center participants, Remember THE CENTER ES FOR EVERYONE. Declalons shall not be based on one s peCIIIc group's needs or demands, Pu1Ees of Cantor Board al °tractors' OffEcor5 CH AIRPERSON . a. Site on the Advisory Unard and acts as Chairman. b. Shell carry out (ha directions and pOl isles of E he Board of Ol rectors. • o, He may calf speclai Board meetings to determine matters of policy or dlre01er'. d. Shall app alel a Chairman for each of the slanditri committees. VICE-CHAIRPERSON • a- The VEce-Chairperson shall art for the Chairperson In his absence and periarm ouch other acts as the Chairperson may direct. SECRETARY 'a. It shall be the duty of the Secretary to keep all r ecords of S,V- S -C -': Assoc., Inc. and record the minutes of the Board of 0lrectors meetings. These minutes will be • made available in Elm ited quantities to the general membership- — j TREASURER a. The Treasurer shall receive and be accountable for all funds belonging to the Corporation; pay all obligations incurred by the Corporation .hen payment is authorized by the Board, maintain hank accounts In depositories designated by the Board; render financial reports at each Board Niee1ing, and an annual report shall he submitted at the artinuarmeeting and a treasurer's report at the general membership • meeting, L. Clubs Senior Citizens' Clubs may use the Valley Senior Citizen Center for aoi l vitles and meeting's etc. As the clubs needs. All clubs using the Valley Senior Center must have a State Chapt 24 RCW Non- Profit Certification of incorporation (Filed with the Spokane county Park' ' Reoroatlon department] when money Is colleGled Ecr club activities within the Center. (Far additIOnal information, contact the Spokane County Park & Recreational Department ), All CIuba will bo required to meet the Rules and Regulations Set forth by the Valley Senior Center Board. Each Club will file wish the County; the name, address and phone number - of the PresIderri altar each election al officers on an annual basis. $PaKAM E PARK & RUB EaTI❑ NAL DEPARTMENT 1115 4V -'Broadway 5 pokarla, WA WHO PHONE; -0564730 Meeting Date: 09 -15 -03 City Manager Sign -off: Item: Check WI that apply: ❑ consent ❑ old business ❑ new business 0 public hearing xinformation ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Motion to Appoint Representative to the Public Transportation Irxnprovement Conference GOVERNING LEGISLATION: "Pursuant to RCW 36.57A.055, a review of the composition of the governing body of Spokane Transit Authority, a Public Transportation Benefit Area {PTBA} is required due to the incorporation of the City of Spokane Valley_ This review will help determine whether 8 change in the composition of the STA Board is necessary or appropriate. Pursuant to R an+ 36.57A.050. the persons who would sit on this review committee are elected officials selected by and serving at the pleasure of the governing bodies of the component cities within the PTBA and the county legislative authority." PREVIOUS COUNCIL ACTION TAKEN: CITY OF SPOKANE VALLEY Request for Council Action BACKGROUND: A representative of the Spokane Transit Board called to inform us that the Board needs a copy of a City Council motion appointing someone to represent the City at the September 24 Public Transit Transportation Improvement Conference which will be a part of the Spokane Transit Board Meeting that day to discuss the composition of the Board. That discussion will apparently lead to a decision about whether a seat on the Board is allotted to the City of Spokane Valley_ OPTIONS: RECOMMENDED ACTION OR MOTION: Motion to Appoint as the Council's Representative to the Public Transportation Improvement Conference BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS To: Council &. Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings Scptem ber 30, 2003 — no meeting DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of September 12, 2003 10:00 a.m. Please note this is a work in progress; items are tentative September 17 "Conversation with the Community" 6:30 p.m. — 8:30 p.m. Central Park Condo Center, 601 1 East 6 Avenue September 23, Regular Meeting 6:00 p.m. (due date Sept 121 1. Proposed Junk Vehicle Ordinance — Second Reading 2. Proposed Hearing Examiner Ordinance Amendment — Second Reading 3. Proposed Ordinance Approving and Adopting a Corporate Seal — First Reading 4. Proposed Nuisance Abatement Ordinance — First Reading 5. Proposed Resolution Delegating Hearing Examiner re Dangerous Dog 6. Proposed Resolution Providing for Appointment and other matters relating to Spokane Housing Authority 7. Proposed Resolution Accepting 25' Easement from Ted Fournier 8. Memorandum of Understanding re Cable TV Advisory Board 9. Probation Services Agreement 10. Budget Proposals from Outside Agencies 11. Motion to Adopt Citizen Participation Plan 12. Administrative Reports: Discussion of Proposed R.esolut.ions to Extend Interim Fire District Annexations w /Fire Districts 1,8,9 Proposed Emergency Management Services Interlocal Agreement Proposed Towing Memorandum of Understanding Street Lighting CDBG Application Staff Report Preliminary Budget 2004 Revenues and Expenditures 13. information Only: [no public comment) Status of Previous Public Comments /Concerns: N.A. Brown: Tenant Issues Planning Commission Minutes Department Monthly Reports September 24, 2003, 1:00 p.m. STA, Public Transportation improvement Conference (PT1C) Spokane Transit Board Meeting , 1230 W Boone Ave, Board Room September 25, 9:00 a.m., Growth Manalzemcnt Stcerin2 Committee, 1230 W. Boone Avenue, 2 Floor Board Room Advance Agenda — Draft Page 1 of 4 Revised 9112/2003 10:03 AP4 October 7, 2003 Study Session 6:00 p.m. 1. Probation Services Discussion — Cary Driskell (20 minutes) 2. Comprehensive Plan Housing Element. Discussion — Marina Sukup (20 minutes) 3. Right -of -Way and Cross - Circulation Between Appleway and Sprague - Neil Kersten (20 minutes) 4. Wastewater lssucs: Agreement for Sewer Extensions and Operation — (STEP) — Neil Kersten (20 minutes) 5. Mi rabeau CenterPlace Update — Nina Regor (15 minutes) 6. Budget Discussion — Ken Thompson /Nina Regor (15 minutes) 7. Council Check in — Dave Mercier (10 minutes) 8. Advance Agenda Additions — Mayor DeVlerning (5 minutes) 9. City Manager Comments — Dave Mercier (10 minutes) TOTAL A'I NUTES: 135 Max mtg time: 150 minutes October 14, 2003 Regular Meeting 6:00 p.m. I. Public Hearing on Budget Revenues /Fee Schedule for 2004 2. Nuisance Abatement Ordinance — Second Reading 3. Proposed Bond Ordinance — First Reading 4. Proposed Resolutions to Extend Interim Fire District Annexations w/Fire Districts No. 1, 8 and 9 5. Agreement for Sewer Extensions and Operation (STEP) 6. Administrative Reports: a. Budget Discussion b. Police Station Purchase and/or Maintenance and Operation Agreement 7. Information Only: [no public comment] Status of Previous Public Comments/Concerns ' Minutes of Planning Commission October 15, 2003, AWC 2003 Regional Meeting, 6 p.m.; The Davenport Hotel, 10 S. Post Street October 21, 2003 Study Session 6:00 p.m. 1. Proposed Sewer /refuse collection ordinance — Stan Schwartz (15 minutes) 2. Wastewater Issues Discussion — Neil Kersten ( 20 minutes) 3. Comprehensive Plan Utilities Element Discussion — Marina Sukup (20 minutes) 4. City Legislative Agenda Discussion — Dave Mercier (15 minutes) 5. Budget Discussion — Ken Thompson/Nina Regor (15 minutes) 6. Advance Agenda Additions — Mayor DeVleming (5 minutes) 7. City Manager Comments — Dave Mercier (l 0 minutes) TOTAL MINUTES: 100 Max mtg tune: 150 minutes October 28, 2003 Regular Meetint, 6:00 p.m. I. Proposed Bond Ordinance — Second Reading 2. SewerfRefusc Collection Ordinance — First Reading 3. Council Sets Property Tax Levy 4. Administrative Reports: 5. Information Only: [no public comment] Status of Previous Public Comments/Concerns Planning Commission Minutes Department Monthly Reports Advance Agenda — Draft Page 2 of 4 Revised 9/12/2003 10:03 AM November 4. 2003 Study Session 6:00 p.m. 1. Wastewater Issues Discussion —Neil Kersten ( 20 minutes) 2. Comprehensive Plan Parks & Open Space Element Discussion — Marina Sukup (20 minutes) 3. Council Cheek in — Dave Mercier (10 minutes) 4. Advance Agenda Additions — Mayor DeVleming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65 Max mtg time: 150 minutes (November 11, 2003 Regular Meeting falls on Veteran's Day) Wed, Nov 12, 2003 Regular Meeting 6:00 p.m. 1. Ordinances: Proposed Sewer /Refuse collection Ordinance — Second Reading 2. Resolutions 3. Motions: Council Sets Budget Hearing 4. Administrative Reports 5. Information Only: [no public comment] Status of Previous Public Comments /Concerns Minutes of Planning Commission November 18, 2003 Study Session 6:00 p.m. 1. Proposed Library Agreements —Nina Regor (10 minutes) 2. Comprehensive Plan Capital Facilities Element Discussion — Marina Sukup (20 minutes) 3. Wastewater Issues Discussion —Neil Kersten (20 minutes) 4. Advance Agenda Additions — Mayor DeVleming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65 Max mtg time: 150 minutes November 25, 2003 Regular Meeting 6:00 p.m. 1. Final Budget Hearing to Adopt 2004 Budget 2. Annual Appropriation Ordinance —First Reading 3. Administrative Reports: 4. Information Only: [no public comment] Status of Previous Public Comments/Concerns Planning Commission Minutes Department Monthly Reports December 2. 2003 Study Session 6:00 p.m. 1. Wastewater Issues Discussion —Neil Kersten (20 minutes) 2. Council Check in — Dave Mercier (10 minutes) 3. Advance Agenda Additions — Mayor DeVleming (5 minutes) 4. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 45 Max mtg time: 150 minutes December 9 —13, 2003 National League of Cities (NLC) Congress of Cities, Nashville. Tennessee Advance Aecnda — Draft Page 3 of 4 Revised 9112/2003 10:03 AM December 9, 2003 Regular Meeting 6:00 p.m. [meeting may be cancelled or re- scheduledl 1. Annual Appropriation Ordinance — Second Reading 2. Administrative Reports: 3. Information Only: [no public comment] Status of Previous Public Comments /Concerns Minutes of Planning Commission December 16, 2003 Study Session 6:00 p.m. 1. Proposed Library Agreements — Nina Regor (10 minutes) 2. Comprehensive Plan Capital Facilities Element Discussion — Marina Sukup (20 minutes) 3. Wastewater Issues Discussion — Neil Kersten ( 20 minutes) 4. Advance Agenda Additions — Mayor DeVleming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65 Max mtg time: 150 minutes December 23, 2003 Regular Meeting 6:00 p.m. I . Administrative Reports: 2. Information Only: [no public comment] Status of Previous Public Comments /Concerns Planning Commission Minutes Department Monthly Reports December 30, 2003 Study Session 6:00 p.m. 1. Advance Agenda Additions — Mayor DeVleming (5 minutes) 2. City Manager Comments — Dave Mercier (10 minutes) January 6, 2004, Study Session 6:00 p.m. 1. Advance Agenda Additions — Mayor DeVleming (5 minutes) 2. City Manager Comments — Dave Mercier (10 minutes) Advance Agenda — Draft Page 4 of 4 Revised 0/12/2003 10 :03 AM TOTAL MINUTES: 15 Max mtg time: 150 minutes TOTAL MINUTES: 15 Max mtg time: 150 minutes