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2003, 11-12 Regular Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING N ednesday, November 12, 2003 CITY BALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Council Requests All Electronic Devices be Turned Off During Council Meeting Council Agenda I M2-03 Re vtar Atectmg Page 1 of 2 2. CONSENT AGENDA Consists of items considered routine which are approved as a pup. A Councilmcmber may remove an item from the Consent Agenda to be considered separately. a. Approval of Regular Council Meeting Minutes of October 28, 2003 b. Approval of Study Session Minutes of November 4, 2003 c. Approval of Claims: 51,362,135.04 d. Approval of Payroll: S141,598.38 e. Approval of Emergency Management Services Interlocal Agreement 1. PUBLIC HEARING 2004 Budget (1) Open Public Hearing (2) Chosen Commcnb on Project (3) Close Public Hearing NEW BUSINESS 3. Proposed Franchise Ordinance No, 03-085 for One - EIGHTY Networks, Inc. - Second Reading [public comment] 4. Proposed Property Tax Ordinance No. 03 -086 Fixing Amounts to be Raised - Second Reading [public comment] 5. Proposed Ordinance No. 03-087 Adopting Commute Trip Reduction Plan for Major Employers - Second Reading [public comment] 6. Motion Consideration: Approval of Intergovernmental Agreement with Spokane County for Implementation of Commute Trip Reduction Plan [public comment] 7, Motion Consideration: Set Final 2004 Budget Hearing for November 25, 2003 [public comment] r/L e6,0 6:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Pastor Manuel Denning. Fountain Ministries ROLL CALL APPROVAL OF AGENDA INSTRODIJCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIALSON SUMMARY REPORTS MAYOR'S REPORT: PUBLIC COMMENTS For members oldie Public to speak to the Council regarding matters NOT on the Agenda. Please state your name and address for the record and limit remarks to three minutes. Pl !BLIC COMMENTS (Maximum of three minutes please; state your name and address for the record) ADMINISTRATIVE REPORTS: (no public contnicnt] 8. Comprehensive Plan Parks and Open Space Element Discussion 9, Comprehensive Plan Utilities Element Discussion 10. Proposed Flood Plain Resolution and Ordinance Discussion 11. Library Service lnterlocal Agreement 12. Public Record Retention Policy Discussion INFORMATION ONLY: trio public comntentj 13. Minutes of Planning Commission 14. Status of Previous Public Comments/Concern ADJOURNMENT FUTURE SCHEDULE Regular Council Meetings are generally held 2 and 4`' Tuesdays, beginning at 6:00 p.m. Council Study Sessions are generally hid 1", 3 and 5th Tuesdays. beginning at 6:00 p.m. Other Uncominj :/feelings /Events: ,Vovembcr 27 & 28, 2003 — Thanksgiving Holiday, City Hall Closed December 2, 2003: 6:00 p.m. Regular Council Meeting December 4, 2003, 5 :30 p.m. Celebration of Lights, U -City Mall December 9, 2003 — No Council .%feeting or Council Study Session December 9 — 13, 2003: National League of Cities (NLC) Congress of Cities, Nashville, IN NOTICE. Individuals piartnmg to Attend the mooting who requirt special assistrncc to accommodate physical, hearing, us other irnpunuents, please contact the City Clerk at (S09) 921 -IQOO as soon as possible so that arrangements may he made Council Agenda 11 -12-03 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 12, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business X public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Public Hearing — 2004 Budget GOVERNING LEGISLATION: State law requires a hearing on the 2004 Budget PREVIOUS COUNCIL ACTION TAKEN: A hearing on the revenues proposed for 2004 was held on October 14. The City Clerk provided public notice when the City Manager filed his preliminary budget in October. The City Council has discussed the budget process, goals, outside agency requests and /or other budget related issues at almost every meeting since August. Public notice of this budget hearing was published in the newspaper on October 24. BACKGROUND: State law requires a public hearing before we adopt the 2004 budget. The City has scheduled public hearings on November 12 and November 25 to consider the 2004 budget. OPTIONS: At least one public hearing is required prior to adopting the 2004 budget. The City Council could elect to hold the hearing at a later date. However, the hearing must be held and the ordinance passed prior to December 31, 2003. RECOMMENDED ACTION OR MOTION: No council action is needed at this time. The public hearings should be held on November 12 and November 25 to keep the City on our budget adoption schedule. BUDGET /FINANCIAL IMPACTS: This will be the adopted budget for 2004. STAFF CONTACT: Ken Thompson, Finance /Administrative Services Director Chris Bainbridge - From: Jill Leong [JiIIL @SPOKESMAN_comi Sent: Wednesday, October 22, 2003 8:55 AM To: Chris Bainbridge Subject: RE: legal publication Chris, This notice will publish Oct 24th & Nov 5th as requested. Jill Spokesman LegeIs 459 -5121 - -- Original Message From: Chris Bainbridge ( mailto :CBainbridge @spokanevalley.org] Sent: Wednesday, October 22, 2003 8:09 AM To: leg a l s @spokesman . com Subject: legal publication Importance: High Please publish the following October 24, 2003, and again November 5, 2003. Please also acknoweldge receipt of this e -mail so that I will know we will meet our budgetary publishing requirements. Thank you as usual, for your assistance. Let me know if you have any problems with this publication. Christine Bainbridge City Clerk PUBLIC NOTICE NOTICE OF FILING PRELIMINARY BUDGET AND OF PUBLIC HEARING Notice is hereby given that the Spokane Valley City Council will hold a public hearing during the regular Council Meeting on Wednesday, November 12, 2003, beginning at 6:00 p.m. (or as soon thereafter as practicable) in the Spokane Valley Council Chambers, 11707 E. Sprague Avenue, Spokane Valley, Washington. The purpose of the hearing is to receive citizen input on the proposed budget in preparation for the final budget public hearing scheduled for November 25, 2003. Any written citizen comments for the November 12 public hearing should be submitted to Cif Clerk prior to 5:00 p.m. November 12, 2003. (Please note: when a regular council meeting falls on a holiday, the council meeting will be held the following day. Since Tuesday, November I 1 is Veteran's Day and a holiday, the council meeting will be held Wednesday, November 12.) The Spokane Valley City Manager has filed the preliminary budget with the City Clerk and with the elected body. Copies of the proposed, preliminary budget are now available to the public at City Hall, 11707 E. Sprague Avenue, Suite 106. PUBLISH: October 24, 2003 and November 5, 2003. Page 1 of 2 This e -mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e -mail, delete this e -mail �nn nnn: Where are we and how did we get here? August 2003 August 2003 September 2003 September 2003 October 2003 October 2003 October 2003 October 2003 November 12 * ** November 14 November 25 December 2 December 10 Highlights of 2004 Budget: CITY OF SPOKANE VALLEY 2004 PROPOSED BUDGET Mini retreat with discussion of goals for 2004 Notice to departments to submit revenue and expenditure estimates Preliminary revenues and expenditures to City Manager Preliminary revenues and expenditures to Council Public hearing on 2004 revenues City Manager files preliminary budget with Clerk and Council Clerk publishes notice of budget filing Clerk publishes notice of first budget hearing First reading of property tax ordinance Second reading of property tax ordinance Public hearing on 2004 Proposed Budget Property tax ordinance filed with County Final Budget Hearing First reading of ordinance to adopt 2004 budget Second reading of ordinance to adopt 2004 budget Copies of budget sent to State and Municipal Research Services Center 1. CenterPlace at Mirabeau Point under construction with bond proceeds 2. Several street projects under construction with bond proceeds 3. City's first property tax levy will be $.21 less/S1,000 than citizens paid in 2003 4. $800,000 of interfund loans will be repaid during the year with interest DRAFT MINUTES City of Spokane Valley City Council Regular Meeting October 28, 2003 Mayor DeVlerning welcomed everyone to the 30 official council meeting, and called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Councilmernbers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: Dave Mercier, City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Mike Jackson, Parks & Recreation Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Greg McCormick, Long Range Planning Manager Cal Walker, Police Chief Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Steve Williams of New Life Assembly of God gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. APPROVAL OF AGENDA: It was moves! by Councilmember Munson and seconded by Councilmember Denenny to approve the agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Taylor mentioned he and Parks and Recreation Director Jackson met with JoAnn Denham from the City of Spokane's Youth Department, and others who work with the Chase Youth Commission, and discussed ways the Council might directly interact with area youth in an effort to incorporate a "Youth Friendly Government" in the Spokane Valley. Councilmember Flanigan reported that he and Councilmember Denenny attended the Spokane Regional Health District Board meeting; that they were given the 2004 Health District Budget, and that in -depth discussion will be held during their November 20 meeting. Councilmember Schimmels said he spent some Saturday evenings riding with members of the Spokane Valley Police Department; and that he had a close examination of the jail (as a Friend of the Court). Council Minutes 10 -28 -03 Paec I of 6 Date Approved by Council: DRAFT Councilmember Denenny reported that he and Deputy Mayor Wilhite attended the last STA Board Meeting and that the Board accepted the recommendations of the committee and he and Deputy Mayor Wilhite are now official board members. MAYOR'S REPORT: Mayor DeVleming said the first "Pizza with the Mayor" was held at West Valley High School, that this was an opportunity for members of Council and some staff to speak before the students to start the process of a "Youth Friendly Government" as mentioned by Councilmember Taylor; and that the next Pizza with the Mayor is scheduled with Valley Christian School Friday, October 31, with East Valley scheduled for some time in November, with the remaining high schools scheduled right after the beginning of the new year. Mayor DeVleming also mentioned that tickets are selling well for the family dance set for this Saturday. PUBLIC COMMENT: The following individuals spoke in favor of granting additional funding for "Project Access:" 1. Judith Perala, 1918 S. Century Lane, Veradale, Wa, member of Holy Trinity Lutheran Church and member of the Spokane Alliance. 2. James Minard, 14707 E. Mission Avenue, member of the Veradale UCC Church, representative to the Board of the Spokane Valley Community Center, and member of the Spokane Alliance. 3. Amber Brady, 13320 E. Mission .Avenue, Spokane Valley, member of the Spokane Alliance. 4. Mike Sager, 2717 S. McDonald, pastor of Holy .Trinity Lutheran Church on 26 & Pines, which is a member of the Spokane Alliance. Mayor DeVleming called for a short break at 6:15 p.m. while several people existed; and reconvened the meeting at 6:17 p.m. 1. PUBLIC WEARING:: Community Development Block Grant Project Review. [Councilmember Taylor left the room at 6:18 p.m.] Mayor DeVleming opened the public hearing at 6:18 p.m. and asked for staff presentation on the proposed project. Long Range Planning Manager McCormick explained that this public hearing is the official "kickoff' of the Community Development Block Grant process. [Councilmember Taylor returned at 6:21 p.m.] Mr. McCormick explained the background of the Block Grant process which began with the Council's approval of a resolution to join the Spokane County Community development Block Grant Consortium, which gives the City the ability to apply for the CDBG funding for specific projects within the City, which projects target low and moderate income households. Mr. McCormick also explained the accompanying map showing the qualifying low to moderate income census block groups. Mr. McCormick added that potential projects include a planning project to help the City produce an economic development element, a planning project to assist in the comprehensive plan housing element, a construction project associated with the sewer septic tank elimination program and the "pave - back" portion of that program, and various street projects contained in the City's six -year transportation Improvement Program (TIP). Mr. McCormick explained that staff is gathering additional information connected with actual application costs and that information will be presented at future council meetings. In response to council question concerning the Senior Center, Mr. McCormick stated that construction of the senior center is not an eligible project although certain parts would be eligible for funding, but because using federal funds would subject the project to the regulations of the Davis Bacon Act, staff felt it would not be financially prudent to include that project. Mayor DeVleming invited public comment; none was offered. Mayor DeVleming closed the public hearing at 6:30 p.m. Council Minutes 10 -28 -03 Page 2 of 6 Date Approved by Council: DRAFT 2. CONSENT AGENDA: After City Clerk (Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the consent agenda as presented. Vote by Ac•danzation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. OLD BUSINESS: Consideration to take the motion from the table regarding hotel /motel ratification tourism allocations. It was moved by Coz Dencnnv and seconded by Councilmember Munson take from the table the motion relating to the hotel/motel ratification of tourism allocations. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried The previous motion was then moved by Deputy Mayor Wilhite and seconded by Councilmember Flanigan: that the hotel/motel tax allocations for the YMCA Skate Park and Spokane Valley Junior Soccer Association Concession Stand facility development be modified so that the distributions are instead used by the above entities for tourism marketing as set forth in the materials filed with the City Clerk. Councilmember Denenny thanked Mr. Flanigan for supplying the additional information as contained in the materials in the council packet, and that which was supplied immediately prior to this meeting which shows that the entities did have funds allocated toward marketing and will be able to fulfill the obligation inherit in the distribution of the funds. Councilmember Flanigan further explained that the letters before council state that the entities will take allocated funds for marketing and move those Funds to facility construction, and replace those funds with these tourism marketing dollars. Mayor DeVleming invited public comment; none was offered. Brief discussion ensued regarding the omission of using the Tourism Committee for this change. Vote by Acclamation: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, CouncilmembersSclzinzmels, Munson, and Flanigan. Opposed: Councilmember Taylor. Abstentions: None. Motion carried. NEW BUSINESS 4. Proposed Bond Ordinance No. 03 -084 — Second Reading Attorney Ormsby explained that we are scheduled to go to market tomorrow to sell the bonds; that the City received a favorable bond rating, that NBIA will be the bond insurer, and that the actual transferring of the funds is scheduled to occur November 18. Attorney Ormsby then explained the minor changes in the ordinance. It rests• moved by Mayor DeVleming and seconded by Councilmember Munson to approve the ordinance. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: Norte. Abstentions: None. Motion carried. 5. Proposed Franchise Ordinance No. 03 -085 for One- EIGFiTti. Networks. Inc. — First Reading. It was moved by Mayor DeVleming and seconded by Councihnember Flanigan to advance Ordinance 03 -085 to a second reading on November 12. Deputy City Attorney Driskell explained that OneEIGHTY Networks expects to provide the "last mile" fiber to houses and businesses which do not currently have fiber access; that the City would have access to four strands of' dark fiber; and that this franchise is identical in terms to that of Columbia and EMAN. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Proposed Property Tax Ordinance No. 03 -086 Fixing Amounts to be Raised — First Reading. It was moved by Mayor DeVleming and seconded by Councilmember Munson to advance Ordinance 03 -086 to a second reading on November 12. Finance Director Thompson explained the background of this ordinance. City Manager Mercier further commented that there was no property tax on Spokane Valley residents this year and that once approved, this tax will be effective next year, and results in a drop in the tax rate of approximately 21 e. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Minutes 10 -28 -03 Page 3 of 6 Dace Approved by Council: DRAFT 7. Proposed Ordinance No. 03 -087 Adopting Commute Trip Reduction Plan for Major Employers — First Reading It was proved by Councilmember Munson and seconded by Councilmember Flanigan to advance Ordinance 03 -087 to a second reading on November 12. Deputy City Attorney Driskell explained the current law governing this ordinance, and briefed Council on the minor changes since this was last discussed. City Manager Mercier added that the preliminary budget does not include additional staff for this position as it is anticipated we will contract with the county for these services. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 8. Seven Proposed Ordinances Approving Comprehensive Plan Amendments — First Reading Councilmember Schimmels re- affirmed the announcement he made during the October 7, 2003 Council Study Session (copy attached) and recused himself from the discussion concerning CPA 03 -02. Councilmember Schimmels left the room. 1. Ordinance dealing with CPA 03 -02, south side of Appleway east of Park Road: It was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to suspend the rules and approve the Ordinance dealing with CPA 03 -02. Director Sukup explained the background concerning this ordinance, the procedure to date, and the property involved. Mayor DeVleming invited public comment. The following spoke in favor of the proposal: Edwin Repp, member of the family corporation Associated Restaurants which owns the property; (2) Richard Repp, 3120 S Raymond Circle; and (3) Richard Beam, 3626 Ridgeview. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Councilmember Schimmels returned to the room and the dais. 2. Ordinance dealing with CPA 03 -01, 8915 East Montgomery. It was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to suspend the rules and approve the ordinance dealing with CPA 03 -01. Director Sukup explained the background concerning this ordinance, the procedure to date, and the property involved. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: drone. Abstentions: None. Motion carried. 3. Ordinance dealing with CPA 03 -03, west side of Pines Road between Union Pacific Railroad right -of- way and Mansfield Avenue. It was moved by Councilmember Munson and seconded by Councilenemher Taylor to suspend the rules and approve the ordinance dealing with CPA 03 -03. Director Sukup explained the background concerning this ordinance, the procedure to date, and the property involved. Mayor DeVleming invited public comment; none was offered. City Clerk Bainbridge mentioned that appropriate ordinance numbers will be incorporated afterwards. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Ordinance dealing with CPA 03 -04, Cataldo Avenue, west of Bradley and north of 1 -90 (Golf Dome property). It was moved by Mayor DeVleming and seconded by Councilmember Flanigan to suspend the rules and approve the ordinance dealing with CPA 03 -04. Director Sukup explained the background concerning this ordinance, the procedure to date, and the property involved, Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: .None. Abstentions: None. Motion carries. 5. Ordinance dealing with CPA 03 -05, west of Pines Road between Broadway and Cataldo Avenue. It was moved by Mayor DeVleming and seconded by Councilmember Denenny to suspend the rules and approve the ordinance dealing with CPA 03 -05. Director Sukup explained the background Council Minutes 10.28 -03 Page 4 of 6 Date Approved by Council: DRAFT concerning this ordinance, the procedure to date, and the property involved. Mayor DeVleming invited public comment; none was offered. The incorrect information on the back of the ordinance was mentioned and will be corrected. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Ordinance dealing with CPA 03 -06, north side of Broadway Avenue between Blake and Maurer Roads It was moved by Councibnember Munson and seconded by Councilmember Flanigan to suspend the rules and approve the ordinance dealing with CPA 03 -06. Director Sukup explained the background concerning this ordinance, the procedure to date, and the property involved. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Ordinance dealing with CPA 03 -07, northwest corner of Barker Road and Boone Avenue It was moved by Mayor DeVleming and seconded by Counci!member Flanigan to suspend the rules and approve the ordinance dealing with CPA 03-07. Director Sukup explained the background concerning this ordinance, the procedure to date, and the property involved. She added that the eastern portion of the property is developed with a commercial use, raid the western portion of the property is vacant. Brief discussion ensued regarding developing the property at a more intense level. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Mayor DeV/eming, Councilmembers Denenny, Flanigan, Munson, Schimmels, Taylor. Opposed: Deputy Mayor Wilhite. Abstentions: None. Motion carried. City Attorney Schwartz said to make the ordinances more accurate and complete, he suggested adding a legal description or parcel number to the various ordinances. Council voiced no objections. 9. Motion Consideration: Approval of Assignment Agreement with Tan Moore Architects It was moved by Mayor DeVleming and seconded by Councilmember Munson to approve the agreement assigning the contract with Tan Moore Architects. Public Works Director Kersten explained that staff seeks approval to have the agreement signed with Tan Moore Architects for the architectural services for CenterPlace. Director Kersten said this contract allows for multiple phases of the design and construction process, and in order for us to continue with this design and planning of CenterPlace the City needs to have its own agreement either with Tan Moore or with another architectural firrn. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBT.,I:C COMMENT: Mayor DcVleming invited public comment. None was offered. ADMINISTRATIVE REPORTS: 10. Report on Proposed Activities in the Urban Growth Area (UGA) between Spokane Valley and Liberty' Lake. Community Development Director Sukup explained the purpose of this report is to discuss where Liberty Lake and Spokane Valley are in the determination of shared borderlines and urban growth areas. She then briefly explained the planning policies of the County, the goals of the Growth Management Act, and the City's interim plan provisions and how to determine what our interests are in this area, including control of the gateway to the community. City Manager Mercier added that it is clear that Liberty Lake has certain corporate interests at play in the proposed annexation, and property owners have certain interests as does the developer, so there are at least four sets of corporate interests dealing with the territory between our boundary and that of Liberty Lake. Mr. Mercier said that there is a search for better ideas that would reasonably accommodate the legitimate interests of all parties involved; that a proposal was made to Inland Empire Paper Company that would meet the corporate interest of Spokane Valley as well as the others that have been expressed. He explained that this territory, which is essentially residential, would be part of the annexation proposal attached to Liberty Lake which would not adversely affect our corporate interest and that the other areas including the industrial property and the gateway Council Minutes 10-2S-03 Page 5 or() Date Approved by Council: DRAFT feature of the southern portion of the land ownership of Inland Empire would weigh well to the advantage of Spokane Valley, and that proposal is being considered> He added that the parties will be back to us within a few weeks to determine if an appropriate balance of interest can be determined, at which time further options will be presented to council to gain additional staff direction. City Manager Mercier also mentioned that City Attorney Schwartz left the room prior to the beginning of this discussion and will come back afterwards, as he has recused himself from representing either party (City of Liberty Lake and the City of Spokane Valley) on this particular issue. 11. Proposed Intergovernmental Agreement with Spokane County for Irnplernentation of Commute Trip Reduction Plan. Deputy City Attorney Driskell mentioned that this is the model agreement that Spokane County has with other jurisdictions within the County. Discussion ensued regarding cost of implementing this program versus continuing the program with Spokane County. It was determined that further staff research on cost comparisons would not be necessary, and council agreed to use the County's current program. 12. STEP Agreement and Sewer /Stormwatcr Ordinance Report. Public Works Director Kersten briefed Council on the latest Technical Committee meeting, in that the group agreed to examine the Playfair site and proceed with completing that preliminary analysis and start to negotiate the agreement to perform the entire analysis (EIS) of Playfair; and that the Committee agreed in concept that the City of Spokane should participate in their fair share of the cost of performing the analysis (approximately 25% of the cost); and that a memorandum of agreement will be drafted to reflect that participation and be brought back for council consideration within a few weeks. Director Kersten also mentioned that the STEP agreement is on hold until the wastewater issues have been determined. Regarding stormwater issues, Attorney Schwartz said that ordinance should be forthcoming which relates to management of swalcs. There being no further business, it was moved, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:40 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Council Minutes 10 -28 -03 Page 6 of 6 Date Approved by Council: Attendance: Councilrncmhers: Michael DeV1eming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schirnmels, Councilmember Steve Taylor, Councilmember DRAFT MINUTES City of Spokane Valley City Council Study Session November 4, 2003, 6:00 p.m. Staff: Dave Mercier City Manager Nina Regor, Deputy City Manager Ken Thompson, Finance Director Marina Sukup, Community Development: Director Neil Kersten, Public Works Director Mike Jackson, Parks & Recreation Director Cal Walker, Police Chief Cary Driskell, Deputy City Attorney Greg McCormick, Long Range Planning Manager Tom Scholtens, Building Official Kevin Snyder, Current Planning Manager Steve Worley, Sr. Engineer Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DcVlcrning opened the meeting at 6:00 p.rn., welcomed all in attendance, reminded everyone that this is a study session and there will be no public comments, and requested that all electronic devices be turned off for the duration of the meeting. Mayor DcVlcrning also announced that items 6 and 7 will be removed from the agenda, and announced the change in the agenda items order as sh own below'. 4. Administration: Proposed Emergency Management Services lnterlocal Agreement Deputy City Manager Regor and Police Chief Walker mentioned this is a first touch on this contract, and that staff proposes that the job function be carried out contractually with Spokane County; that the City of Spokane and Spokane County have jointly provided emergency management services to their citizens since 1979; that their agreement provides for preparation, response and recovery from emergencies and disasters, and that the attached draft extends that Agreement. to the City of Spokane Valley, as well as to other cities in the area. Chief Walker went over the highlights of the agreement, including purpose (Section 4), the creation of an Emergency Management Advisory Council (Section 7) with a minor change to add Spokane Valley City Manager or designee, and funding (Section 8). Council concurred with the minor change and agreed that this document should come hack for Final consideration. 1. Community Development: Submission of Applications on Community Development: Block Grant. Long Range Planning Manager McCormick explained about the low and moderate income target: areas within the City which would qualify for such a grant, and mentioned the projects as described in his November 4 Council memo. Mr. McCormick mentioned that project 4 has been changed to Broadway, Fancher to Park, as the previous project would likely have not fit within the timing of the block grant requirements. Mr. McCormick went over the highlights of the funding levels from last year and said that 1.8 million in anticipated entitlement is expected for this year. It was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve submission of the applications as presented tonight. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Budoet: Presentation of Pro osed Department Budgets. City Manager Mercier explained that each Department Director will he giving highlights of their overall budget. Mr. Mercier then provided highlights of the legislative branch on page 27 of the Preliminary Budget Book, and of the six goals as identified by council, adding that the task is to make certain there is Study Session Minutes I 1 -04 -03 Pave 1 of 3 Date Approved by Council: DRAFT appropriate financial assistance to support these goals. After City Manager Mercier's discussion of the executive and legislative budget, other departtnent directors gave overviews of their departments, including Deputy City Manager Regor for Administrative Services; Planning and Community Development by Director Sukup; Parks and Recreation Department by Director Jackson; Finance Department by Director Thompson; and Public Works Department by Director Kersten. Mayor DeVleming called for a ten- minute recess at 7:40 p.m., and reconvened the meeting at 7:50 p.m. 5. Parks and Recreation: Recreation Program/Policy. Director Jackson explained that he seeks input from Council related to recreation programs, and then provided a history on the revenues and expenses of the programs. Director Jackson said topics to consider are which recreation programs council would like continued, and if there are any policies council would like staff to develop for future programs. He also mentioned that approximately 70% of the programs are contracted and the accompanying list does not include services. Mayor DeVleming said that staff met the general expectations relative to programming, and feels the programs were positively received from the community. Mayor DeVleming also mentioned that council does want to focus on cost recovery, but also wants to offer programs and realizes there is no way to get full cost recovery on many recreation programs (such as aquatics), but that the positive aspects outweigh any negative aspect. concerning cost recovery. It was also mentioned that we do not want to compete with private businesses, that we do want to find niches that are not currently being filled, and that some new programs have anticipated low enrollment simply because of the newness of the program. Council will consider further questions and items upon which to focus, and bring those issues to staff; after which staff can later bring council a composite report. 2. Executive: Council Deliberation of Funding Outside Agency Re nests. Council concurred that the decision regarding this issue will be decided at this meeting. It was moved by Councilmember Denenny and seconded by Council Munson to accept the proposal as outlined [in the chart provided] under Councilmember Munson's dollars. It was then moved by Councilmember Taylor if Councilmember .Denenny would accept an amendment to the motion to reduce the International Trade Alliance amount by 55,000, and increase the amount to the Economic Development Commission by 55,000. Councilmembers Denenny and Munson accepted the amendment. Vote on the Motion to Amend: In Favor: Mayor DeVleming, Councilmembers Denenny, Flanigan, Munson, Schimmel,, Taylor. Opposed: Deputy Mayor Wilhite. Abstentions: None. Motion carried. Councilmember Taylor then moved, seconded by Councilmember Flanigan, to further amend the motion to move 53,000 from the allocation to Chase Youth Commission to the Project Access. Vote on the Motion to Amend: In Favor: Deputy Mayor Wilhite, Councilmembers Denenny, Flanigan, Schinmiels, Taylor. Opposed: Mayor DeVleming, Councihnenrber Munson. Motion carried. 11 was then further moved by Councilmember Taylor and seconded by Deputy Mayor Wilhite, to reduce the International Trade Alliance allotment to 514,000, and increase the Economic Development Commission to 555,000. Vote on the Motion to Amend: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, Councilmemhers Flanigan, .Schimnels, Taylor. Opposed: Cour:cilmembers Dene and Munson. Motion carried. Vote on the amended motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Below are the new allocations for outside agency requests: International Trade Alliance $14,000 Chase Youth Commission $ 2,000 Economic Development Commission $55,000 Project Access $25,000 Valley Community Center $ 4,000 Friends of Centennial Trail $ -0- Study Session Minutes 1 1.04 -03 Page 2 of 3 Date Approved by Council: 6. Legal: Towing Ordinance This item removed; to be discussed at a later date. 7. Legal: Public record Retention Policy This item removed; to be discussed at a later date. DRAFT 8. Advance Avenda Additions Councilmember Flanigan announced that the grant: application paperwork is ready for the 2004 1-lotel /Motel Grant process, and that copies of the application can be picked up from the City Clerk. Mayor Devleming mentioned he would like to have stormwater issues and swales added to the advance agenda. City Manager Mercier added that there will be no meeting December 9 and those items originally slated for that date have been moved to the December 2 study session, resulting in several items on that agenda which will require council action. Mr. Mercier also noted that an Executive Session regarding personnel matters is scheduled for 4:30 p.m. December 2. Council concurred with the date and time for the Executive Session. 9. Council Check -in. Deputy Mayor Wilhite mentioned that. funds have been allocated so that Idaho and Washington can work toward agreement on issues concerning an aquifer study. Councilmember Denenny mentioned that the Spokane Transit Authority has noted a large deficit in revenues and will be examining reducing routes, and this topic should be added as an agenda item, perhaps after the first of the year. 10. City Citypilatmger Comments. City Manager Mercier acknowledged receipt of a letter from Central Valley School District asking the City of Spokane Valley and Liberty Lake to each consider contributing_ $1,500 for future growth analysis; and that Mr. Mercier's feeling is that a contribution at this point may be premature until a basic land use pattern can be determined in order to run a land use analysis. Mr. Mercier said he will inform the District that we might be able to provide them data in a different form from what they anticipated. City Manager Mercier reported that he attended the Chamber of Commerce Government Committee meeting and mentioned they intend to make a trip to Olympia January 22 and 23 to meet: with legislators; also noted is the AWC legislative meeting set for the following week in Olympia. Mr. Mercier also mentioned the Chamber of Commerce will host their annual lunch with local legislative delegation December 3. Mr. Mercier said that he, Neil Kersten, and Cary Driskell will travel to Stockton California November 19 and 20 to meet with city representatives who have recently gone through wastewater facility_ construction. Councilmember Munson added that the topic connected with the Olympia trip might be further discussed at this Thursday's joint meeting and perhaps a schedule can be determined for participation. There being no further business, the meeting adjourned at 8:45 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Study Session Minutes 11-04-03 Page 3 of 3 Date Approved by Council; CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11 - 12 - 03 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Claims: Voucher listing total for the weeks of October 23 and 31, 2003 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims of $ 50,787.03 Approve claims of $ 4,663.53 Approve claims of $1,306,684.48 BUDGET /FINANCIAL IMPACTS: $ 1,362,135.04 STAFF CONTACT: Ellen Avey ATTACHMENTS Voucher Lists for week of October 23 and 31, 2003 vchlist 10/23/2003 4:11:01 PM Bank code : apbank Voucher 3681 3682 3683 3684 3685 3686 3687 3688 Date Vendor 10/24/2003 000197 10/24/2003 000335 10/24/2003 000030 10/24/2003 000173 10/24/2003 000101 10/24/2003 000109 10/24/2003 000026 10/24/2003 000035 3689 10/24/2003 000099 AIR ALTON'S TIRE AVISTA UTILITIES Voucher List Spokane Valley Invoice 48457 06 -76142 Sept03 Str lights BINGAMAN, GREG CDWG COFFEE SYSTEMS INC 16613 CONTRACT RESOURCE GROUP, INC. 3476 CORPORATE EXPRESS 46707540 46845484 46845485 DATA PATH DP03113 DP03114 DP03115 DP03116 DP03117 DP03118 PO # 1009 TECH SUPPORT LABOR 1010 TECH SUPPORT LABOR KB14703 KB 18326 30111 PC WORKSTATIONS W /MONIT 30111 PC WORKSTATIONS W /MONIT Total : 30101 30107 30107 30107 Description /Account EMPLOYEE BACKGROUND CHE Total : VEHICLE MAINTENANCE STREET LIGHTING POWER CHA ELECTRIC POWER COFFEE LABOR INV #46707540 & 46870708 OFFICE SUPPLIES OFFICE SUPPLIES Total : Total : Total : Total : Total : Total : LABOR & MATL LABOR & MATL LABOR & MATL LABOR & MATL LABOR & MATL NETWORK CONNECTIVITY HAR Page: 1 Amount 50.00 50.00 23.12 23.12 15,503.65 892.46 16,396.11 832.50 945.00 1,777.50 752.00 2,942.00 3,694.00 121.06 121.06 605.36 605.36 45.26 404.74 29.36 487.85 649.57 2.82.14 199.99 518.88 997.76 756.70 Page: 1 vchlist 1012312003 4:11:01 PM Bank code : apbank Voucher Date Vendor 3689 10/24/2003 000099 3690 10/24/2003 000014 3691 10/24/2003 000259 3692 10/24/2003 000146 3693 10/24/2003 000073 3694 10/24/2003 000283 3695 10/24/2003 000043 3696 10/24/2003 000058 3697 10/24/2003 000036 3698 10/24/2003 000016 3699 10/24/2003 000020 DATA PATH EDEN SYSTEMS, INC. HUMAN IX LEXINGTON HOMES MC CORMICK, GREG NATIONAL RECREATION & PARK, ASSO 20012436 30069 NEXTEL COMMUNICATIONS OCCUPATIONAL MEDICINE, ASSOCIAT 424937 425108 OFFICE DEPOT PETROCARD SYSTEMS PRESTONIGATESIELLIS, L.L.P. Voucher List Spokane Valley Invoice (Continued) 18140 18141 18142 133615 102103 102003 432169121 221973522 30116 221973569 30116 221974187 222021182 30116 C382008 601511 PO # Description /Account SOFTWARE DATA CONVERSIO TRAINING EXPENSE SOFTWARE IMPLEMENTATION Total : TEMP LABOR BOND DEPOSIT REFUND EXPENSE REIMBURSEMENT Total : Total : Total : BOOKS CELL PHONE CHARGES EMPLOYMENT PHYSICAL EMPLOYMENT PHYSICAL OFFICE SUPPLIES OFFICE SUPPLIES BINDERS OFFICE SUPPLIES VEHICLE FUEL LEGAL SERVICES Total : Total : Total : Total : Total : Total : Total : Page: 2 Amount 3,405.04 2,100.00 113.00 600.00 2,813.00 84.60 84.60 3,000.00 3,000.00 18.00 18.00 30.00 30.00 309.82 309.82 96.00 96.00 192.00 72.51 45.03 51.63 16.53 185.70 207.17 207.17 3,248.08 3,248.08 Page: 2 vchlist 10/23/2003 4:11:01 PM Bank code : apbank Voucher List Page: 3 Spokane Valley Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 3700 10/24/2003 000019 PURRFECT LOGOS, INC. 9112 VEHICLE GRAPHICS 3,188.95 9463 VEHICLE GRAPHICS 637.79 Total : 3,826.74 3701 10/24/2003 000024 RESOURCE COMPUTING INC. 36096 TECH SUPPORT LABOR 1,243.15 36097 NETWORK SUPPORT LABOR 216.20 36098 TECH SUPPORT LABOR 270.25 Total : 1,729.60 3702 10/24/2003 000341 RICOH CORPORATION 03113635509 COPY MACHINE LEASE 245.39 03113636124 COPIER LEASE 410.78 Total : 656.17 3703 10/24/2003 000297 SHOLTENS, TOM 102003 EXPENSE REIMBURSEMENT 159.80 Total : 159.80 3704 10/24/2003 000338 SLATER, JANIE 81803 PARKS & REC PROGRAM REFU 12.50 Total : 12.50 3705 10/24/2003 000001 SPOKANE COUNTY TREASURER 45114.9015 STORMWATER CHG 10.00 Total : 10.00 3706 10/24/2003 000339 TAYLOR, RULON 102303 EXPENSE REIMBURSEMENT 124.71 Total : 124.71 3707 10/24/2003 000340 WALSTON, LINDA 1001 INSTRUCTOR FEES 384.00 Total : 384.00 3708 10/24/2003 000021 WITHERSPOON, KELLEY, DAVENPORT 49246 LEGAL SERVICES 7,235.10 Total : 7,235.10 28 Vouchers for bank code : apbank Bank total : 50,787.03 28 Vouchers in this report Total vouchers : 50,787.03 Page: 3 vchlist 10/23/2003 4:11:01 PM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount I, the undersigned, do certify under penalty of perjury, That the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that 1 am authoaized to authenticate and certify to saki claim, Finance Director Date Voucher List Page: 4 Spokane Valley Page: 4 vchlist 10/23/2003 4:19:33PM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 3680 10/23/2003 000030 AVISTA UTILITIES parks ELECTRIC POWER 4,663.53 Total : 4,663.53 1 Vouchers for bank code : apbank Bank total : 4,663.53 1 Vouchers in this report Total vouchers : 4,663.53 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Voucher List Page: 1 Spokane Valley APPROVED: MAYOR COUNCILMENBER Page: 1 vchlist 10/31/2003 8:41:57AM Bank code: apbank Voucher 3709 3710 3711 3712 3713 3714 3715 3716 3717 3718 3719 Date Vendor 10/31/2003 000037 10/31/2003 000334 10/31/2003 000030 10/31/2003 000271 10/31/2003 000173 10/31/2003 000035 10/31/2003 000346 10/31/2003 000099 10/31/2003 000332 10/31/2003 000171 10/31/2003 000259 AMERICAN LINEN ARGUS JANITORIAL SERVICES AVISTA UTILITIES BAINBRIDGE, CHRISTINE BINGAMAN, GREG CORPORATE EXPRESS DAHrv1 DEVELOPMENT, INC. DATA PATH GAYLORD BROS. INC GEIGER CORRECTIONS CENTER HUMANIX Voucher List Spokane Valley Invoice 270479 4923 DLA 102703 1011 78161311 78687065 78820711 PO # 30112 30107 30114 30114 30118 78982712 30123 ADV -03 -24 DP03119 493030 30110 Sep03 133776 Description /Account FLOOR MAT SERVICE JANITORIAL SERVICE DATA LICENSE AGREEMENT Total : EXPENSE REIMBURSEMENT Total : TECH SUPPORT LABOR OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REFUND LITERATURE RACKS TEMP LABOR Total : Total : Total : Total : Total : TECH CONFIGURATION LABOR Total : Total : GEIGER CORRECTIONS CENTE Total : Page: 1 Amount 37.46 37.46 400.00 400.00 4,433.52 4,433.52 16.04 16.04 880.50 880.50 41.30 126.16 174.43 40.89 382.78 300.00 300.00 2,538.19 2,538.19 558.56 558.56 1,690.00 1,690.00 236.88 Page: 1 vchiist 10/31/2003 8:41:57AM Bank code : apbank Voucher Date Vendor 3719 10/31/2003 000259 HUMANIX 3720 10/31/2003 000265 JACKSON, MIKE 3721 10/31/2003 000071 LARSON, SUE 3722 10/31/2003 000033 MCPC 3723 10/31/2003 000344 NFPA 3724 10/31/2003 000193 NORTHWEST CHRISTIAN SCHOOLS 3725 10/31/2003 000147 PEARSON, SUSAN 3726 10/31/2003 000256 RAINBOW ELECTRIC INC 3727 10/31/2003 000001 SPOKANE COUNTY TREASURER 3730 10/31/2003 000349 Voucher List Spokane Valley Invoice (Continued) MJ SL 4450796 2527808Y Nov 03 102903 12989 4/1 -9/30 Oct '03 Sept '03 3728 10/31/2003 000348 THOMPSON, KEN KT 3729 10/31/2003 000021 WITHERSPOON, KELLEY, DAVENPORT 1 50704 WOODY'S ASPHALT SEALCCOAT WA100103 WA101303 PO # Description /Account EXPENSE REIMBURSEMENT Total : MILEAGE STD - 9871931 12" architect scale, Total : PROFESSIONAL MEMBERSHIP 135.00 Total : 135.00 CITY HALL RENT EXPENSE REIMBURSEMENT Total : ELECTRICIAN LABOR Total : Total : Total : Total : PROSECUTOR SERVICES LAW ENFORCEMENT SERVICES HEARING EXAMINER SERVICES Total : EXPENSE REIMBURSEMENT Total : LEGAL SERVICES Total : CONTRACTED ROAD SERVICES CRACK SEAL PROJECT Total : Page: 2 Amount 236.88 61.88 61.88 16.06 16.06 38.17 38.17 20, 746.93 20,746.93 56.65 56.65 212.73 212.73 1,457.06 961,418.16 2,468.75 1,220,021 238 .38 5,440.05 5,440.05 36,806.70 10,610.53 47,417.23 Page: 2 . vchlist 10/31/2003 8 :41: 57AM Bank Bode : apbank Voucher Date Vendor 3731 10/31/20 000347 WORDY, STEVE 3732 10/31/2003 000004 ZEPUBLIC 24 Vouchers for bank code : apbank 24 Vouchers in this report 1, the undersIgFIed. do cerlify under penally of perjury. that the materials have been furnished, the ser)ices rendered, or the labor performer) as described hanelri and that the claim Is just, due and an unpaid obligation against the City of Spokane Valley, Gild I]lat I am aulhorizad to aulhenifcatc and certify Ic said claim - Finance DIrerlor Date E Voucher List Spokane Valley Invoice 102703 102803 APPROVED: PD ff MAYOR COUOC 1LMENEER Description /Accaurrt EXPENSE REIMBURSEMENT Total WEB SITE HOSTING & IvlAINTENA Total Bank total Total vouchers Page: 3 Amount 570.88 570.88 250 250.00 1,388,684,48 1,306 Page: 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11 - 12 - 03 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information El admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending October 31, 2003 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Payroll for period ending 10 -31 -03 Salary: $ 101,984.23 Benefits: $ 39,614.15 $ 141,598.38 STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 12, 2003 City Manager Sign -off: Item: Check all that apply: X consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Interlocal Agreement with Spokane County, City of Spokane, and Other Cities for Emergency Management Services GOVERNING LEGISLATION: RCW 38.52.070 allows two or more political subdivisions to join in the establishment and operation of a local organization for emergency management services. PREVIOUS COUNCIL ACTION TAKEN: Council discussion took place on November 4, 2003. BACKGROUND: The City of Spokane and Spokane County have jointly provided emergency management services to their citizens since 1979. Their agreement provides for 1) preparation; 2) response; and 3) recovery from emergencies and disasters, whether natural or man -made. The attached draft amended interlocal extends that Agreement to the City of Spokane Valley, as well as other cities in the area. As agreed at the November 4 meeting, in Section 7 (page 5) of the Agreement, the phrase or designee has been added after Spokane Valley City Manager. In addition, the two population analyses in Attachment A have been labeled 2004 or 2003 Distribution, to clarify. OPTIONS: As an alternative, the City could provide its own emergency management department. RECOMMENDED ACTION OR MOTION: Move to approve the interlocal agreement with Spokane County, City of Spokane and other cities for Emergency Management services. BUDGET /FINANCIAL IMPACTS: The cost for 2003 is $36,483 based upon seven months of participation. For 2004, the cost will be $62,542. Funds for 2003 were included in the budget amendment approved by Council in September. Funds for 2004 are included in the proposed budget. STAFF CONTACT: Nina Regor, Deputy City Manager; Cal Walker, Police Chief ATTACHMENTS 2003 Amended Interlocal Agreement for Emergency Management Services Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 2003 AMENDED INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES THIS AMENDED INTERLOCAL COOPERATION AGREEMENT is made by and among the City of Spokane, a Washington State municipal corporation, having offices for the transaction of business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as the "CITY," the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "SPOKANE VALLEY," City of Medical Lake, a municipal corporation of the State of Washington, having offices for the transaction of business at 124 S. Lefevre P.O. Box 130, 99019, hereinafter referred to as "MEDICAL LAKE," the Town of Millwood, a municipal corporation of the State of Washington, having offices for the transaction of business at 9103 East Fredrick, 99206, hereinafter referred to "MILLWOOD," the Town of Fairfield, a municipal corporation of the State of Washington, having offices for the transaction of business at Town Hall, P.O. Box 334, 99012, hereinafter referred to as "FAIRFIELD," the Town of L•atah a municipal corporation of the State of Washington, having offices for the transaction of business at P.O. Box 130, 990.18, hereinafter referred to as "LATAH," the City of Liberty Lake, a municipal corporation of the State of Washington, having offices for the transaction of' business at City Hall, c/o P.O. Box 370, 99019, hereinafter referred to as "LIBERTY LAK.E," the Town of Rockford, a municipal corporation of the State of Washington, having offices for the transaction of business at Town Hall, 20 West Emma, P.O. Box 49, 99030, hereinafter referred to as "ROCKFORD," the Town of Spangle, a municipal corporation of the State of Washington, having offices for the transaction of business at P.O. Box 147, 99031, hereinafter referred to as "SPANGLE," the City of Cheney, a municipal corporation of the State of Washington, having offices for the transaction of business at General Office, 609 Second, 99004, hereinafter referred to as "CHENEY," the City of Airway Heights, a municipal corporation of the State of Washington, having offices for. the transaction of business at City Hall, 1208 South Lundstrom, P.O. Box 969, 99001, hereinafter referred to as "AIRWAY HEIGHTS," the City of Deer Park, a municipal corporation of the State of Washington, having offices for the transaction of business at City Hall, 316 Crawford, Box F, 99006, hereinafter referred to as "DEER PARK," the Town of Waverly, a municipal corporation of the State of Washington, having offices for the transaction of business at 255 North Commercial, P.O. Box 37, 99039, hereinafter referred to as "WAVERLY," and Spokane County, a political subdivision of the State of Washington, having offices for the transactidn of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as the "COUNTY," jointly hereinafter referred to as the "PA.RTIES." Page 1 of 15 WITNESSFTH: WHEREAS, pursuant to the provisions of RCW 315.32.120(6), the Board of County Cornmissiouers has the care of County properly and the management of County furids and business; and WHEREAS, pursuant to chapter 39.34 RCW, local governments may jointly exercise their powers, privileges and authorities through the execution of Interlocal Cooperation Agreements in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms off governmental organization that will accord best with geographical, economic, population or other factors influencing the needs and development of local community; and WRE .E+A. , pursuant to RCW 3$.52.070 two or more political subdivisions may join in the establishment and operation of a local organization for emergency management services, t]ie City of Spokane, City of Spokane Valley City of Medical Lake, Town of Millwood, Town of Fairfield, Town of. Latah, City of L.,ibeirty Lake Town of Rockford, Town of Spangle, City of Cheney, City of Airway l- ieiglits, City of Deer Park, Town of Waverly, and Spokane County are authorized and directed to establish local organizations for emergency management services in accordance with the Washington State Comprehensive Emergency Management Plan and Program; and WHEREAS, the City of Spokane and .Spokane County entered into a joint Resolution on or about June 25, 1979, under Resolution No. 79 -0573 establishing a joint Spokane City /County Department of Emergency Services and Resolution No. 96 -0991, on or about October 22, 1996 which carried out the functions for both entities as called for pursuant to chapter 38.52 RCW, the City of Spokane Valley, City of Medical Lake, Town of Millwood, Town of Fairfield, Town of tatah, City of Liberty Fake, Town of Rockford, Town of Spangle, City of Cheney. City of Airway Heights, City of Deer Park, and 'Town of Waverly, are desirous of becoming a party to this joint venture; and WHEREAS, it is the intent of the City of Spokane, Cit -y of Spokane Valley, City of r �T . ed ical Lake, Town of MViillwood, Town of Fail-fie:ld, Town of Lot:ah, City of Liberty Lake, Town of Rockford, Town of Sfangle, City of.C1 eney, City of Airway Heights, City of Deer ]'ark, Town of Waverly, and Spokane County to combine their efforts in maintaining the joint Department of Emergency Management ( "DEPARTry EN ") by entering into this Jntcr]oca] Cooperation Agreement.. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and as authoriz.ed under c]iapter 39,34 RCW and chapter 35.52 RCW, the City of Spokane City Council, City of.- Spokane Valley City Council, City of Medical Lake City Council, Town of Millwood Town Council, Town of Fairfield Town Council, Town of Latah Town Council, City of Liberty Lake City Council, Town of Rockford Town Council, Town of Spangle Town Council, City of Cheney City Council, City of Airway 1-leights City Council, City of Deer Park City Council, Town Page 2ofl5 of Waverly Town Council and the Spokane County Board of County Commissioners herehy agree as follows: SECTION NO. 1: SPOKANE 'I CITY /COUNTY DEPARTMENT OF EMERGENCY MA NAEMENT The Spokane City /County Department of Emergency Services, as created under the joint Resolution No, 79 -0873, shall be hereby known as the "Spokane City /County Department of. 'Emergency iivlanagement," hereinafter referred to as the "DEPARTMENT." SECTION NO. 2.: COMMITMENT The PARTIES agree to be fully committed to the Emergency Management Program and provide the resources necessary for the DEPARTMENT to carry out the Emergency Management Mission. The PARTIES agree that they are each responsible for individual department emergency preparedness. The PARTIES agree to ensure that department heads participate in collaboration, dialog, panning, and exercises with the DEPARTMENT to assure readiness in event of disaster or major emergency. This statement of commitment flows from the PARTIES down to the individual employees for the safety of life, property, and the environment of Spokane. SECTION NO. 3: TJ..0'1 The term of this Agreement shall commence as of the last date executed by the PARTIES hereto and shall continue until terminated as provided for hereinafter. SECTION NO. 4: PURPOSE It is the purpose of this Agreement to continue the combined efforts of CITY and COUNTY as originally developed in joint Resolution hNo.79 -0873, and Joint I e.o[ution No. 96 -0991 and to add SPOKANE VALLEY, MEDICAL LAKE, MI.LLWOOD, FAIRFIELD, LATAJ-I, LIBERTY LAKE, ROC PORD, SPANGLE, CI-IENEY, AIRWAY HEIGHTS, DEER PARK, and WAVERL.Y, to this Agri in order to establish and operate. pursuant to RCW 38.52.070, a local organization for emergency management in accordance with the Washington State Comprehensive Emergency Plan and Program. This Agreement is to provide for the effective and economical preparation for and coordination of emergency functions, other than functions for which military forces are primarily responsible. To mitigate prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from emer gency disasters caused by all hazards, whether natural or man -made, and to provide the opportunity For coordination and support of search and rescue operations. SECTION NO. 5: DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT shall have its office at the Spokane Fire Training Center, 1618 N, Rebecca, Spokane. Washington 99217, until the PARTIES, by mutual agreement, decide upon a new location. The DEPARTMENT, in addition to having those duties as enumerated in RCW 38,52,070, shall also have the following responsibilities: Page 3 of 15 / (I) Facilitate a coordinated planning process integrating Emergency Management plans to include; federal state, local governments, individual city and county departments, neighborhood, individual citizens, schools and the private sector; (2) Conduct a comprehensive internal assessment and evaluation of emergency plans, equipment and personnel proficiency through a program of regular exercises; (3) Acquire and maintain Emergency Management facilities and equipment; (4) Administer and facilitate programs that enable people, governments communities and the private sector to minimize. and recover from immediate and long term impacts of disasters; (5) Facilitate the identification, development, implementation and evaluation of mitigation strategies and activities to reduce vulnerability to the effects of disasters; (6) Provide timely and accurate Emergency Management information; (7) Participate with the 9 -1 -1 Operations Committee to assist the public in Spokane County to easily, rapidly, and accurately access emergency police, fire, and medical assistance during time of a disaster; (8) Effectively and efficiently train the DEPARTMENT staff to coordinate emergency management resources, programs, functions and systems; (9) Propose coordinated legislation, ordinances, and local laws to improve the safety of people, governments and the private sector; (10) Coordinate a cooperative effort of federal, state, and local governments, neighborhoods, schools individual citizens, individual city and county departments and private sector to educate the public in emergency and disaster preparedness; (11) Coordinate facilities and resources to assist federal, state, and local governments to effectively and efficiently respond to emergencies and disasters; (12) Work in cooperation with federal, state, and local governments, and the private sector to realize, develop and maintain a network of survivable emergency telecommunications and warni systems; (13) Facilitate a partnership of federal, state, and local governments and the private sector that provides "All Hazards" emergency management training for emergency coordination and management level personnel; (14) Facilitate and participate in various group meetings, such as; Search and Rescue Council, Spokane Disaster Committee, Local Emergency Planning Committee, Amateur Radio Emergency Service (A.R.E.S.) /Radio Amateur Civil Emergency Service (R.A.C.E.S.), Page 4 of 15 Inland Empire Fire Chiefs Association, Inland Northwest Law Enforcement Leadership Group, Business & Industry Committee, Spokane County EMS Council, Spokane County Hospital Disaster Committee, City and County .Department Heads and other groups; (15) Establish, train and maintain a volunteer cadre that can be mobilized in case of search and rescue missions, emergencies and/or disasters; (16) Prepare, monitor, administer and evaluate the DEPARTME'NT'S annual budget; (17) Participate in and attend related Emergency Management conferences, seminars, training and education; and (18) Schedule, coordinate and conduct training in emergency management for educating government, private sector and individuals. SECTION NO. 6: PROPERTY AND EQUIPMENT All existing equipment and supplies previously used by the Emergency Services Departments of both CITY and COUNTY shall be combined and consolidated for the continued maintenance and use by the DEPARTMENT. All equipment so consolidated shall remain the equipment of the individual entity supplying the same to the consolidation. All equipment required by the DEPARTMENT, other than that obtained from consolidation, shall be held in the name of the DEPARTMENT and shall be disposed of upon termination of the DEPARTMENT as the PARTIES may mutually agree. SECTION NO. 7: EMERGENCY MANAGEMENT ADVISORY COUNCIL (EMAC) An Emergency Management Advisory Council ("1 ") is hereby created. EMAC'S function shall be to provide vision and make recommendations to the DE PARTM.ENT. EMAC shall be composed of the City of Spokane Administrator, City of Spokane Chief Financial Officer, Spokane County Chief Executive Officer, Spokane Valley City Manager or designee, a representative (City Administrator /City Manager) representing the cities/towns with populations less than 10,000. a representative from the Inland Empire Fire Chiefs Association, and a representative from the Inland Northwest Law Enforcement Leadership Group. The Director and Deputy Director of the DEPARTMENT shall be ex- officio, non - voting members. A majority of EMAC members will constitute a quorum. EMAC will assist, advise and collaborate with the Local Director and Deputy Director of the DEPARTMENT in the development of service levels, resulting budget, emergency plans and training. EMAC shall meet on a quarterly basis, unless deemed unnecessary by the Chair. The Local Director shall serve as chairman. Page 5 of 15 SECTION NO. 8: FUNDING Commencing with the 2005 budget, EMAC agrees to establish an annual budget that provides for sharing of annual costs based on population, using the Office of Financial Management's numbers, as exampled in Attachments "A," and "B,'° attached hereto and incorporated herein by reference. For 2003 and 2004, the PARTIES agree to fund DEPARTMENT by sharing irnnual costs based on population and summarized in Attachments "A" and "B." EMAC shall review the budget and population in future years and make recommendations on a yearly basis to the PARTIES regarding subsequent budgets- A non - general fund account will be established in the name of the DE.PARTE.NT in which these funds will be deposited for salary and benefits, maintenance and operation, Facilities and capital expenses. T]ie. PARTIES agree to deposit their share on a qua] -toily basis. The Spokane County Diret,tor of Administrative Services will submit an invoice to the PARTIES no later than the fifth of March, June, September, and December of each year. ]rrvoices will be due and payable no later than the fifth of April, July, October and January of each year. in the event that other jurisdictions determine to participate in this joint emergency management Agreement and re required to contribute financially, the amount of their contributions shall be based on their pro -rata share of population and will be added to the DEPARTMENT'S budget in order to reduce the amount of each PARTY'S contribution. SECTION NC]- 9; INDEMNIFICATION The PARTIES agree that the DEPARTMENT, rT, a][ of its employees, to include the Local Director and Deputy Director, shall be included under the COUNTY'S self-insured insurance coverage for general liability and worker compensation. The PARTIES further agree that the COUNTY shall be responsible for any liability, loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused by any act or omission attributed to the .DEPARTMENT, its employees or agents in connection with the Agreement. Each Party shall be. responsible for its own wrongful and negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and shall indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of more than one Party, any damages allowed shall be levied in proportion to the percentage of negligence attributable .to each Party and each Party shalt have: the right to seek contribution from the other Party in proportion to the percentage of negligence attributable to the other Party. SECTION NO. 10: SPOKANE DISASTER' COMMITTEE There shall be a Spokane Disaster Committee. The Spokane .Disaster Committee shall consist of representatives from law enforcement, fire service, hospitals, local government, emergency medical services, the military, the DEPARTMENT, as we[I as other individuals from the public and private sectors. The purpose of the Spokane Disaster Committee shall be to assist the DEPARTMENT in Page 6 of IS mitigation, preparation planning, response and recovery from disasters or rnajor emergencies. The Committee shall meet on a monthly basis, unless deemed unnecessary by the Chair. The Committee hal] elect its c wn chair, viee- chair, etc. The Committee shall establish its own by- laws. SECTION' NO, 11: -LOCAL EMERGENCY PLANNING COMMITTEE There shall be a Spokane Local Emergency )Manning Committee ( "LEP'C" )_ The LEPC shall be established and conform to the Federal, State, and Local laws. The LEPC shall assist the DEPARTMENT in its compliance to all pertinent laws pertaining to Hazardous Materials_ SECTION NO. 12: THE LOCAL DIRECTOR OF EMERGENCY MANAGEMENT The Spokane County Sheriff is hereby appointed as the Spokane Local Director of Emergency Manament, The Local Director shall be responsible for: (1) The overall Emergency Management program; (2) Serve as Chair of the EMAC; and (3) Empowered to declare a disaster or state of emergency in consultation with affected jurisdictional elected official(s), SECTION NO. 13: DE.Pt.ITY DIRECTOR TOR OF EMERGENCY MANAGEMENT The Deputy Director of the Spokane City/ County JDepartment. of Emergency , ianagcment shall be responsible to the Local Director. Subject to the direction of the Local Director, the Deputy Director is hereby empowered and directed: Page 7 of 15 (1) To act on behalf of the Local Director in his absence in all Emergency ivlanagerrient functions and responsibilities; (2) To prepare a comprehensive emergency management plan conforming to the state comprehensive emergency management plan program and programs; (3) To coordinate the effort of the emergency management organization For the accomplishment of the purposes of this Agreement; (4) To coordinate and facilitate cooperation between divisions, services and staff of the joint emergency management services jurisdictions, and to resolve questions of authority and responsibility that may arise between them; (5) .To represent the Spokane City /County Department of Emergency .Management organization in all dealings with public or ' private agencies pertaining to emergency management and disasters; (6) To keep and maintain an inventory of all non- perishable and non - expendable goods, supplies and equipment of the DEPARTMENT or in its custody, including federal excess property on loan to the DEPA.WI'MENT, with said inventory to specify the location of each item listed thereon; and (7) To equip, maintain, and train Emergency Operations Center ( "EOC ") personnel and to act as manager of said EOC upon activation for disaster or exercise. SECTION NO. 14: TERMINATION Each PARTY may terminate its participation in the Interlocal Cooperation Agreement upon ninety - days (90) days written notice to the Director of the DEPARTMENT prior to January 1st of any year. Federal or state owned properties shall be disbursed in accordance with appropriate federal or state guidelines. Items loaned to the DEPARTIMMEN1' by a participating member shall upon request be returned to that member upon that member's withdrawal from this Agreement or upon this Agreement's cancellation. Upon the withdrawal by any party, that party shall be refunded any funds not encumbered. All properties owned by the 17EPARTMENT will remain with the DEPARTMENT and shall not be subject to disbursement. SECTION NO. 15: SEVERAB.ILi.TY It is understood and agreed by the PARTIES hereto that if any part, term or provision of this Agreement is held by the courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the PARTIES shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that. any provision hereof is in conflict with any statute of the State of Washington, said provision that may. conflict therewith shall be deemed modified to conform to such statutory provision. SECTION NO. 16: ENTIRE AGREEMENT The PARTIES agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. This Agreement shall supersede all prior resolutions and agreements executed by the PARTIES hereto with regard to Emergency Management, including, but not necessarily limited to Spokane County joint Resolution No: 79 executed June 25, 1979 and Spokane County joint Resolution No. 96 - 0991 unless incorporated and made reference to herein. SECTION NO. 17: MUTUAI., A.11) AGREEMENTS Nothing in this Agreement shall limit the authority responsibility or duties of any party arising out of any mutual aid agreement or other Agreements with other governmental entities. Page 8 of 15 IN WITNESS W1 EJ I.OF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED; Attest; City Clerk Approved as to form; By: Assistant City Attorney CITY OF SPOKANE.: By Its: (Title) DATED: CITY OF SPOKANE VALLEY: Attest: By: City Clerk (Title) Approved as to form only; Acting City Attorney DATED: Attest' Page 9 of 15 Its: CITY OF MEDICAL L By; Its: . City Clerk • (Title) DATED: TOWN OF MILLWOOD; Attest: By: Its: Town Clerk (Title) DATED: TOWN OF FA.I:RFIELD: Attest: By: Town Clerk. DATED: Attest: Town Clerk DATED: Approved as to form only: Acting City Attorney DATED: Attest: Page 10 of 15 Its: TOWN OF LATAH: Its: (Title) By: (Title) CITY OF LIBERTY LAKE: Attest: By: Its: City Clerk (Title) TOWN OF ROCKFORD: By: 1 ts: Town Clerk (Title) DATED: TOWN OF SPANGLE: Attest: By: Town Clerk DATED: Attest: City Clerk DA "I'ED: City Clerk DATED: Attest: City Clerk DATED: Attest: Page 11of15 Its: CITY OF CHENEY: By: Its: CITY OF AIRWAY HEIGHTS: Attest: By: Its: CITY OF DEER PARK: (Title) ('Title) (Title) By: Its: TOWN OF WAVERLY: Its: (Title) - By: Town Clerk (Title) .DATED: BOARD OP COUNTY COMMISSIONE.RS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF TI -LE BOARD BY: Daniela Erickson, Deputy FI:S,igicnnun1551]F`,hi nmfsdrd inerlxolall &irs 14O94]_doc I'agc 12 of 15 JOIE ! I OSI .E.LLEY, Chair PH 1L LIP D.HARRIS, Vice-Chair M. KATE NACCASLIN Population % with Small Cities Apportioned Equally to Spokane and County 0.1913 0.494& 0.3139 Total Jan -03 13,619.79 13,619.79 27,239 -58 Feb-03 13,619.79 13,619.79 27,239.58 Mar-03 13,619-79 13619-79 27239 -58 Apr -03 13,619-79 13619 -79 27239 -58 May -03 13,619.79 13,619.79 27239.55 Jun -03 5,211.81 13,478.41 8,549.36 27239.58 Jul - 5,211 -81 , 13478.41 8549.35 27239.58 Aug -03 5,211 -81 13478.41 8,549.35 27239.58 Sep -03- 5,211-81 13478.41 8,549.36 — 27,239.58 Oct -03 5,211.81 13,478,41 8,549.36 27,239.58 Nov-03 5,211.81 13,478.41 8,549.36 27,239.58 Dec -03 5,211.81 13,478.41 8,549.36 27,239.58 Total by Entity 36,492.67 162,447.86 127,944.47 • 326,875.00 SPOKANE CITY/COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT 2093 BUDGET Pursuant to Resolution, "o, 79 -0873 and Resolution No. 96 -099], which created the Spokane City /County Department of Emergency Management (DEM ), the City of Spokane and Spokane County contribute evenly to the budget. With the incorporation of the City of Spokane Vallcy, this amended Agreement is necessary to readjust the percentages for contribution for the prod am. Below is the 2003 budget contribution based on population obtained fi the Office of Financial Management. Operating Budget Indirect Costs Revenue Total Operating Cost Per Month Cost ATTACHMENT "A" Spokane County Department of Emergency Management 2003 Operating Costs 336,576 24,364_ 360,940 34,065 326,875 27,240 City of Spokane City of Spokane Valle Unincorporated Court For the first 5 months of 2003 costs were split evenly between the City of Spokane and the County. For the It 7 months of 2003 costs were split based on population % shown above. 2004 Distribution Population Analysis per City % Population per City Spokane Valley 82,005 0.1913 Spokane 197,400 0.4606 County 119,844 0.2796 Small Cities 29,351 0.0685 Total County Pop 428,600.00 1.00 2003 Distribution Population Analysis with Small Cities Apportioned Equally to City of Spokane and Unincorporated % Population per City Spokane Valley 82,005 0.1913 Spokane 212,076 0.4948 County 134,520 0.3139 Small Cities Total County Pop 428,600 1.00 Linder this amended Agreement, all cities /towns in Spokane County, the City of Spokane, City of Spokane Valley and the unincorporated areas of Spokane County will contribute to the 2004 budget. Budget year 2004 has not been formally established. Below is a break down by City/Town /County based an the 2003 Budget. Contributions will be adjusted accordingly once the 2004 budget has been approved. DEM Total Operating Budget 5336,576 County Wide Indirect Cost $24,364 WA State SLA $34,065 ATTACHMENT "B" SPOKANE CITY /COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT PROPOSED 2004 BUDGET Budget $326,875 Spokane County Total Population 428,600 Entity Population Percent Budget Spokane Valley 82,005 0.191332 $62,541.73 City of Spokane 197,400 0.460569 $150,548.59 Unincorporated 119,844 0.279617 $91,399.92 Millwood 1,655 0.003861 51,262.20 Fairfield 586 0.001367 $446.92 Latah 194 0.000453 $147.96 Liberty Lake 4,640 0.010826 $3,538.73 Rockford 533 0.001244 $406.50 Spangle 275 0.000642 5209.73 Cheney 9,470 0.022095 57,222.37 Airway Heights 4,590 0.010709 $3,500.60 Deer Park 3,055 0.007128 $2,329.92 Waverly 138 0.000322 $105.25 Medical Lake 4,215 0.068481 $3,214.60 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 12, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent XX old business new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed franchise for OneEIGHTY Networks, Inc. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Study session 10- 21 -03. First reading 10- 28 -03. BACKGROUND: OneEIGHTY Networks expects to provide "last mile" fiber to houses and businesses that do not currently have fiber access. The city would have access to four strands of dark fiber under the same terms as provided for in the Columbia and EMAN franchises. This franchise is identical in its terms to the Columbia and EMAN franchises. OPTIONS: Not granting the franchise. RECOMMENDED ACTION OR MOTION: Move adopt the ordinance. BUDGET /FINANCIAL IMPACTS: Will depend upon how much of system city uses, if any. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: Copy of proposed franchise Proposed OneEJGHTY franchise — C. Driskell Draft 2 — 10-14-03 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 03-085 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTII 1G A NON- ERLUSIVE FRANCHISE TO OneEIGHTY NETWORKS, INC., TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT -OF -WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non- exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at least a majority of the entire City Council and publication at least once in a newspaper of general circulation in the City; and WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, does ordain as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager" shall mean the City Manager or his/her designee. 2. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" means a twenty -four (24) hour period beginning at 12:01 a.m. If a thing or act is to be done in less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "distribution system, system and lines" used either in the singular or plural shall mean and include the poles, conductor, pipe, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and all c/cpd work film/franchises/oneeighty cotnmunicationssoneeighty franchise — draft two — 10 -14 -03 1 Proposed OneEIGHTY franchise — C. Driskell Draft 2 — 10 -14 -03 attachments, appurtenances equipment and appliances necessary and incidental thereto or in any way appertaining to the distribution of the service or product and which are located within a right-of-way. 5. "facility" used either in the singular or plural shall mean any tangible component of the transmission and distribution system within the right of way or on public property, including supporting structures, located in the operation of activities authorized by this Franchise. The abandonment by Grantee of any facilities as defined herein shall not act to remove the same from this definition. 6. "hazardous substances" shall mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any federal, state or local environmental statute, regulation, or ordinance or decision of a state or federal court or administrative agency or body, presently in effect or that may be promulgated in the future, and as such statutes, regulations and ordinances may be amended from time to tune. 7. "maintenance, maintaining or maintain" shall mean the work involved in the replacement and /or repair of Facilities; including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 8. "Permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 9. "Permitting Authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights of way (ie. Obstruction Permits). 10. "product" shall refer to the item, thing or use provided by the Grantee. 11. "public property" shall mean any real estate or any facility owned by the City. 12. "right -of -way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and /or road right—of- way now or hereafter held or administered by the City. 13. "streets" or "highways" shall mean the surface of and the space above and below, any public street, road, alley or highway, within the City depd work files /frnnchiscslonccighty communications/onerishty franchise — daft two — 10 -14-03 Proposed OneE1GHTY franchise — C. Driskell Draft 2 — 10 -14 -03 used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City "), hereby grants unto OneEIGHTY Networks, Inc., a Washington for profit corporation (hereinafter "Grantee "), a franchise for a period of ten (10) years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place facilities in, under, on, across, over, through, along or below the public rights -of -way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise "). Section 3. Fee. No right -of -way use fee is imposed for the term of this Franchise. Any such right -of -way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. 1. Grantee agrees to grant to the City, at no cost to City, an indefeasible right of use of four (4) dark fiber strands at every location passed by Grantee's facilities within the boundaries of the City, for sole and exclusive municipal use or designation, with access to any building or facility designated by the City. Said dark fiber shall be reserved for use by the City for governmental purposes, PROVIDED, that as to the fiber resources granted to the City under the terms of this provision, the City agrees that it will not use such fiber as a public utility provider of telecommunications business service to the public. The City reserves the right to connect its four dark fiber strands to other fiber network providers, with the goal of achieving maximum connectivity for City purpose. 2. The City shall have the right to access by connection to the four dark'fiber strands at any location served by this Franchise within the City limits The City shall provide at least 30 days written notice of intent to access Grantee's service. . 3. The City shall pay all costs associated with constructing any City connection to Grantee's Franchise service. _ The City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City unless otherwise specifically agreed by both the parties in writing. Said monthly recurring charge shall not be imposed until such time as the fiber is put into use by City. A fiber pair refers to two strands of cable. 4. Subject to Subsection 1, the designation of either conduit or fiber shall be at the sole discretion of the City Manager, PROVIDED, Grantee may submit a written request to the City Manager asking him/her to advise of the City's election of conduit or fiber for a specific installation or area, whereupon the City Manager shall promptly designate a choice. In the absence of a response from the City Manager, the designation shall be deemed the fiber option. In the event of expansion, upgrade, or major repair or edcpd work files/franchisesroneeighty oommunicationsloneeighty franchise— draft two — 10 -14 -03 3 Proposed One.E1G1rJ" ' franchise — C. Driskcil Drat 2 — 10- i4-a3 'maintenance operations affecting conduit installation or transmission capacity, the City may change or exercise its option as in the instance of an initial installation. Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated with activities underaken through the authority granted in this Franchise or under ordinances of the City- ncere the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a p -«Yiit fee is not established, Grantee shall pay such costs and expenses directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Grantee's facilities. Section 6. Non - Exclusivity. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, under, on, across, over, through, along or below any rights -of -way, streets, avenues and any other public lands and properties of every type and description. This and other.frsnchises shall, in no way, prevent or prohibit the City from using any of its right -of -ways, roads, streets or other public properties or affect its jurisdictions over them or any part of them. The City hereby retains fall power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of -way, streets avenues, thoroughfares and other public properties of every type and description, Section 7. _Rion- Interference vrith Existinta Facilities, The City shall have prior and superior right to the use of its roads, street', and alleys, and public properties for installation and 'maintenance of its facilities and other governmental purposes and should in the sole discretion of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities and other government purposes of the City. The ovi.ners of all utilities, public or private, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and location of such ut7litics so installed with respect to the Grantee, Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's system shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights of way by or under. the City's authority. Section 8. Right to Roads Not Superseded. The City, in the granting of this .Franchise, does not wai any rights which it now holds or may hereafter acquire, and this Franchise shall not be construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Franchise, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Franchise had Dever been granted, eicpd work fil cs +franchiscsioneeighi }. cuini nn icationsfonccighry Erancbisv —dlafl nun — 10 -14 -03 4 Proposed OneEIGi-ITY franchise — C. Driskell Draft 2 — 10 -14 -03 Nothing in this Franchise shall be construed to prevent the City from constructing facilities, grading, paving, repairing and /or altering any street, or laying down, repairing or removing facilities or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Franchise. If, however, any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by the City Engineer's written notice to Grantee, the City may cause and /or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section 9. Commencement of Construction. - Construction of the facilities contemplated by this Franchise may commence within ninety (30) days of the effective date of this Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which Grantee has no control. Failure to begin construction of facilities within one (1) year of this franchise shall automatically result in termination of this franchise. Section 10. Construction Standards. All facilities shall be installed in conformity with the plans and specifications filed with the City, except in instances in which deviation may be allowed in writing by the City Engineer pursuant to application by the Grantee. All plans and specifications shall specify the class and type of material and equipment t� be used, mariner of excavation, construction and installation, backfill, erection of temporary structures, erection of permanent structures, and the traffic control mitigation measures as provided by the Manual on Uniform Traffic Control Devices, or similar standards as may be applicable from time to time. The plans must meet all Federal, State, County and City Codes and the Utility Accommodation Plan Standards. Notwithstanding any provision herein to the contrary, any excavations and installations by the Grantee in any of the public properties within the corporate limits of the City shall be done in accordance with such reasonable rules, regulations, and resolutions of general application now enacted or to be enacted by City Council, relating to excavations in public properties of the City, and authorized by the City Engineer. Said rules, regulations, authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Section 11. Special Construction Standards. During any period of work relating to Grantee's facilities, all surface structures and equipment, if any, shall be erected and used in such places and positions within or adjacent to public rights -of -way and other public properties so as to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property. Grantee shall, at all times, post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City, conditions of permits, and laws and regulations of the State of c /cpd wok Gles&franchiscsfoneeighty c ommvnicntions/onceighty franchise — draft two — 10 -14 -03 5 Proposed OneIEI I1TY franchise — C. Driskell Draft 2 — 10 -14 -03 Washington, specifically including R.CW 39.04.1 80 for the construction of trench safety systems. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be required to contribute to the costs of excavation and filling. Section 12. Restoration After Construction. Grantee shall, after abandonment approved under Section 29 herein, or any other installation, construction, relocation, maintenance, or repair of 'facilities within the area of this Franchise, restore the surface of the right -of -way or public property to at least the currently adopted City standards or as required by the City Engineer through a right-of-way permit, depending upon special circumstances. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Franchise or other affected area at its sole cost and expense. Section 13. Damage and Non - Compliance. Any and all damage, or injury, done or caused to City right -of -way, City facilities, or any portion thereof in the construction, operation, maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City Engineer. In the event the Grantee shall fail, neglect, or refuse to immediately repair. and reconstruct said darnage or injury to said City right -of -way or facilities, the same may be done by the City and the cost and expense shall be immediately paid by the Grantee to the City. if it is discovered by the City that Grantee has damaged, injured, or failed to restore the right -of -way in accordance with this Franchise, the City shall provide the Grantee with written notice including a description of actions the City believes necessary to restore the right -of -way. If the right -of -way is not restored within ten (10) days' from written notice, the City, or its authorized agent, may restore the right -of -way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair and restore the right -of -way and facilities in accordance with this Franchise. The rights granted to the City under this section shall be in addition to those otherwise provided by this Franchise. Section :14. Protection of Monuments. Before any work is performed under this Franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Grantee's operations under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored pursuant to State and Federal standards and specifications. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as the conditions pennit, and as directed by the City Engineer. The cost of monuments or other markers lost, destroyed, or ckpd work CJesThi nchises /oneeighty communicationsloneeighty franchise — draft two — 10 -14 -03 6 Proposed OneEIGLITY franchise — C. Driskcll Draft 2 — 10 -14 -03 disturbed, and the expense of replacement of approved monuments and other marker ties which have been re- established or disturbed shall be borne by the Grantee. Section 15. Drainage. If the work done under this Franchise interferes in any way with the drainage of a City right-of-way, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference to the drainage to the satisfaction of the City Engineer. Section 16. Obstruction Permits Re�cuired. Whenever Grantee shall occupy or excavate in any public right -of -way or other public property for the purpose of installation, construction, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so, together with detailed plans and specifications showing the position, depth, and location of all such facilities in relation to existing rights -of -way, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public rights - of -way or on other public property shall be pursuant to a valid permit. The facilities shall be installed or constructed in exact conformity with said Plans except in instances in which deviation may be allowed by the City, in writing, in response to written application by Grantee. The Plans shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information including a schedule for the work. During the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the rights -of -way. Grantee shall file as -built plans and maps with the City showing the final location of the facilities. All restoration of rights -of -way, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of the permit. Section 17. Maintenance. Grantee shall provide and put in use all facilities necessary to control and carry Grantee's' products so as to prevent injury to the City's property or property belonging to any person within the City. Grantee, solely at its own expense, shall repair, renew, change, and improve said facilities from time to time as may be necessary to maintain the same in good condition. Grantee shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or other facilities, in, under, or over the City's rights - of-way. Section 18. Emergencv Response. The Grantee shall, within six months of the execution of this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency Management Plan (the "Plan") for responding to any spill, break, or other emergency condition. The Plan shall designate responsible officials and emergency 24 -hour on -call personnel and the procedures to be followed when responding to an emergency. When developing such Plan, the Grantee shall work with the City Engineer and the City's Police Department to determine when and how the same should be contacted during emergencies. After being notified of an emergency, Grantee shall cooperate with the City and make every effort to immediately respond with action to minimize damage and to protect the health and safety of the public. c.cpd work filcs/frunchises/onerighty cointnunicatinns/on nighty franchise— drift two — 10 -14-13 7 Proposed OneE1GHTY franchise — C. Driskell Draft 2 — 10 -14 -03 In the event the Grantee refuses to promptly take the directed action, or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 19. Emergency Work. In the event of any emergency in which any of Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are otherwise in such a condition as to immediately endanger any property, life health, or safety, Grantee shall immediately inform the City of the location and condition and shall immediately take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced without first applying for and obtaining a permit as required by this Franchise. However this provision shall not relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all such permits not later than the next succeeding day during which the City is open for business. Section 20. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 21. Inspections and Fees. All work performed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by the City in the examination, inspection, and approval of Grantee's work. Such reimbursement shall be in addition to any other fees or charges levied by the City. Section 22. Safety. The Grantee in accordance with applicable federal, state, and local safety rules and regulations, shall, at all times, employ ordinary care in the installation, abandonment, relocation, construction, maintenance, and/or repair, utilizing methods and devices commonly accepted in their industry of operation to prevent failures and accidents that are likely to cause damage injury, or nuisance to persons or property. All of Grantee's facilities in the right-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the facilities. Section 23. Buildina Moving. Whenever any person shall have obtained permission from the City to use any right — of-way for the purpose of moving any building or other oversized structure, Grantee, upon fourteen (1 4) days' written notice from the City, shall raise or remove, at the expense of the Permittee desiring to move the building or structure, any of Grantee's facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its facilities. Section 24. Acquiring New Facilities. Upon Grantee's acquisition of any new facilities in the rights -of -way or upon any addition or annexation to the City of any area in which Grantee retains any such fa.ciiities in the rights-of-way; the Grantee shall submit to the &cpd word: fileo-/&anchisesroneci =hty contmunic.ationsloneeigh y franchise — draft two — 10 -14-03 R Proposed OncEIGH'TY franchise — C. Driskell Draft 2 — 10 -14 -03 City a written statement describing all facilities involved, whether authorized by Franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this Franchise. Section 25. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining right -of -way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary safety precautions; and Grantee shall be liable to the City for all costs and expenses thereof. Section 26. Hazardous Substances. Grantee shall comply with all applicable state and federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's facilities in the right—of-way. Grantee shall maintain and inspect its facilities located in the right -of -way. Upon reasonable notice to Grantee and in the presence of an authorized representative of Grantee, the City may inspect Grantee's facilities in the right-of-way to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee on a periodic basis of its facilities for hazardous substances, nor is to remove the responsibility of the hazardous substance from the Grantee. In removing or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all residue of hazardous substances in compliance with applicable environmental clean -up standards related thereto. Grantee agrees to forever indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its facilities within the City's right -of - way. Section 27. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the tern of the Franchise or subsequent to its termination. c /cpd work fites/fr.mehiscslonceighty communications/oneeiehty franchise — draft two — 10 -14-03 9 Proposed OneEiGFITY franchise— C. Drislcell Draft 2 — 10 -14 -03 Section 28. Relocation of Facilities. Grantee agrees and covenants, at. its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its facilities when so required by the City by reason of traffic conditions or public safety, dedications of new rights -of -way and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of their facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then - existing facilities, the City shall: a) At least sixty (60) days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's facilities so that Grantee may relocate its facilities in other City rights-of-way in order to accommodate such improvement project. c) After receipt of such notice and such plans and specification, Grantee shall complete relocation of its facilities at no charge or expense to the City so as to acconunodate the improvement project at least ten (10) days prior to commencement of the project. Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives is suitable to accorrunodate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict Grantee from making any an it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City. Any plan for abandonment. or removal of Grantee's facilities must be first approved by the City, and all necessary permits must be obtained prior to such work. clrpd work fileslfrancltiseslonerighty coaununicatinns/onceiehty franchise— draft two — 10 -14 -03 10 Proposed OneEIGHTY franchise.— C. Driskell Draft 2 — 10 -14 -03 Section 30. Records. As a condition of this Franchise, and at its sole expense, Grantee agrees to provide the City with available as -built plans, potential improvement plans, field locates, maps, plats, specifications, profiles, and records of its facilities within City rights — ofway upon request. Such documents shall be provided upon request by Grantor within five business days of Grantor's request. These records shall be in a digital electronic format acceptable to the City, unless the City Engineer deems it to be a hardship to the Grantee, in which case a hard copy in a format acceptable to the City Engineer shall be provided. To the extent such requests are limited to specific facilities at a given location within the Franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City improvement projects. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the Franchise area; provided, however, any such plan so submitted shall be for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the Franchise area. The parties agree to periodically share Geographic Information System (GIS) files at the Grantor's disposal. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for installation, repair or replacement of facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. Public Disclosure Act: Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.17 RCW. Grantee shall mark as "CONFIDENTIAL" each page or portion thereof of any documentation /information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to provide the Grantee with a copy of any public disclosure request to inspect or copy documentation /information which the Grantee has provided to the City and marked as "CONFIDENTIAL" prior to allowing any inspection and /or copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to provide the City with its written basis for non - disclosure of the requested documentation/inforration. In the event the City disagrees with the Grantee's basis for non- disclosure, the City agrees to withhold release of the requested documentation/information in dispute until the Grantee can file a legal action under RCW 42.17.330. Section 31. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the City. Section 32. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend franchise facilities. Any such refusal shall be supported by a written statement from the City Manager or his designee that extending the franchise facilities, as proposed, would interfere with a public use, either current or future. cicpd work filcs?fianchiseeoneeiehty corwnunicatiortstonceighty franchise — draft two — 10 -14 -03 11 Proposed OneElGHTY franchise. —C. Driskell Draft 2 — 10 -14 -03 Section 33. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and /or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 34. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. Section 35. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving thirty (30) days written notice to the grantee, terminate this Franchise with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to the grantee by reason of such termination. Section 36. indemnification. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing services under this Franchise are the proximate cause. Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of Grantee's exercise of the rights granted herein, or by virtue of the City's permitting Grantee's use of the City's rights -of- way or other public property based upon the inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to claims against the City arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing adequate warnings of any excavation, construction, or work in any public right -of -way or other public place in cicpd wort: filcslfrsnchisesloneeighty communicatinnsloneeiehty franchise — draft two — 10-14-03 12 Proposed OneE1GFITY franchise — C. Driskell Draft 2 — 10 -14 -03 - perforniance of work or services permitted under this Franchise. Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Grantee and the City, its officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 36 shall survive the expiration or termination of this Franchise agreement, for a period of three (3) years. Section 37. Insurance. Grantee shall procure and maintain for the duration of the Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee shall provide a copy of such insurance certificate to the City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence: 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. Such liability insurance shall only be required from Grantee for vehicles owned or controlled by Grantee. Any contractor hired by Grantee to perform labor in the performance of this franchise shall be required to obtain auto insurance as stated in this subsection; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury• and property damage. clepd work files/franchiscs /oneeighty conununicntions/onceighty franchise —draft two— 10 -14 -03 13 Proposed OneEIGF4TY franchise — C. Drislcell Draft 2 — 10 -14 -03 Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. Any deductibles or self. - insured retentions must be declared to and approved by the City. Payment of deductible or self - insured retention shall be the sole responsibility of Grantee. Recognizing the term of this Franchise, the City Manager may unilaterally adjust the insurance liability limits to reflect the degree of risk and market conditions. The insurance obtained by Grantee shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. J.n addition, the insurance certificate shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Grantee's insurance shall be the primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 38. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Grantee's obligations under this Franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Section 39. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Section 40. Compliance With New Regulations. The City reserves for itself the right to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County and/or City regulation, Utility Accommodation Plan, or right of way regulation, State and National Codes, Standards, and Regulations as may hereafter be enacted, adopted or promulgated. If the Grantee fails to comply with its terms and conditions, or if the Grantee fails to comply with such changes, amendments, modifications, andlor amplifications, this Franchise c /cpd woil files/franchisestoneeighty commltnications/onccighty franchise — daft two — 10 -14 -03 14 Proposed OncE1GHTY franchise — C. Driskell Draft 2 — 10 -14 -03 may be terminated at any time upon ninety (90) days' written notice to the Grantee to terminate this Franchise and upon termination the City shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by the Grantee. Section 41. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this Franchise, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 42. Assignment. This Franchise may not be assigned or transferred without the written approval of the City. For purposes hereof, the grant of any security agreement or security interest in the facilities of the Grantee to secure any financing or refinancing, shall constitute an assignment of this Franchise for which written approval would be required. In the case of the transfer or assignment as collateral for a mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. Grantee shall provide prompt, written notice to the City of any such assignment. Section 43. Acceptance. Not later than thirty (30) days after passage and publication of this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the five day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 44. Survival. All of the provisions, conditions and requirements of Sections: 4, 5, 13, 25, 26, 36 and 48 of this Franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this Franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and all privileges, as well as all obligations and liabilities of Grantee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever Grantee is named herein. Section 45. Severabilitv. 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. In the event that any of the provisions of c /cpd wort: fileslf anchisestoneeighly communications /oneeighty franchise — draft two — 10 -14-03 15 Proposed OncE1GHTY franchise — C. t7riskell Draft 2 — 10 -14 -03 the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Section 46. Renewal. Application for extension or renewal of the term of this Franchise shall be made no later than one year before expiration thereof. In the event the time period granted by this Franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this Franchise is either renewed or terninated by the City. Section 47. Notice. Any notice or information required or permitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise specified, in writing: The City: With a Copy to: Grantee: City of Spokane Valley Attn: City Clerk 11707 E. Sprague Spokane Valley, WA 99206 City of Spokane Valley Public Works Director 11707 E. Sprague Spokane Valley, WA 99206 OneEighty Networks, Inc. 118 North Stevens Spokane, WA 99201 Phone: (509) 688 -8180 Fax: (509) 688 -8110 Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 49. Non - Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges pernitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Franchise by reason of such failure or neglect. Section 50. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and cicpd work tiles +franchises /onecighry communicationsloneeighty franchise — draft two — 10-i4-03 16 Proposed OneEJGHTY franchise — C. Driskell Draft 2 — 10 -14 -03 acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. Section 51. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of November, 2003. City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Accepted by OneE1GHTY Networks, Inc. Mayor, Michael DeVleming By: , General Manager The Grantee, OneEIGHTY Networks, Inc., a corporation, for itself, and for its successors and assigns, does accept all of the terns and conditions of the foregoing franchise. fN WITNESS WHEREOF, has signed this day of , 2003. Subscribed and sworn before me this day of , 2003. c/cpd work Glcs/franchises /onecighty cornnunications/oneeighty franchise — draft two — 10.14 -03 17 Notary Public in and for the State of Washington, residing in My commission expires CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11 -12 -2003 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business new business 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed Property Tax Ordinance for 2004 GOVERNING LEGISLATION: State Law PREVIOUS COUNCIL ACTION TAKEN: Discussion at study sessions regarding the anticipated amount of property tax for inclusion in the 2004 budget. The ordinance received a first reading on October 28. BACKGROUND: State law requires the City to pass an ordinance in order to levy property taxes. 2004 will be the first year the City levies property taxes. The Council has discussed 2004 revenues including property taxes at study sessions during the last few months. The City is limited to $2.10 per thousand dollars of assessed value which includes library services but excludes fire operations. The $2.10 per thousand dollars of assessed value will be $.21 less per thousand dollars of assessed value than Spokane Valley property owners paid in 2003. Additional assessed value will likely be added to the rolls when the amount of centrally assessed properties (utilities and railroads) is known. Staff will adjust the property tax and budget adoption ordinances when these numbers are known. OPTIONS: This ordinance is required by law. The council could modify the ordinance to levy an amount Tess than that proposed, and reduce the budget an equal amount. RECOMMENDED ACTION OR MOTION: A motion to pass the second reading of the ordinance levying property taxes for the 2004 budget for the City of Spokane Valley is suggested. BUDGETIFINANCIAL IMPACTS: This ordinance levies property tax for the City's 2004 budget year. We expect the property tax to be approximately $10 million once the centrally assessed properties are added to the tax rolls. Property taxes make up about 38% of General Fund revenues. STAFF CONTACT: Finance & Admin. Services Director, Ken Thompson CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 03 -086 AN ORDENANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, LEVYING THE REGULAR PROPERTY TAXES FOR THE CITY OF SPOKANE VALLEY, WASHINGTON IN SPOKANE COUNTY FOR THE YEAR COMMENCING JANUARY 1, 2004 TO PROVIDE REVENUE FOR CITY SERVICES AS SET FORTH IN THE CITY BUDGET. WHEREAS, State law authorizes the City of Spokane Valley to levy regular property taxes upon the taxable property within the corporate limits in order to provide revenue for the 2004 current expense • budget of the City; WHEREAS, the City of Spokane Valley is authorized to levy $3.60 per thousand of assessed valuation deducting therefrom levies collected by Fire Districts in the total amount of 51.50 per thousand dollars of assessed valuation; WH:ER.E:AS, RCW 84.52.020 requires the City Council on or before the 15 day of November to certify budget estimates to the clerk of the Spokane County Board of Commissioners including amounts to be raised by taxing property within the limits of the City; and WHEREAS, the City Council pursuant to public notice; held public hearings on October 14, and November 12, on the proposed budget estimates for 2004; including revenue sources and appropriations for the provision of City services, projects and activities. follows: NOW, THEREFORE, the City C- ouncil of the City of Spokane Valley, Washington, clo ordain as Section 1. 2004 Levy Rate. There shall be and is hereby levied and imposed upon real property; personal property and utility property, as defined in RCW Chapter 84.02 and 84.55.005 in the City of 'Spokane Valley, Washington a regular property tax for the year commencing January 1, 2004 in the total amount of $10,710,000. It is recognized that fire districts currently levy upon property within the City at the rate of $1.50 per one thousand of assessed valuation. Therefore the total levy rate shall not exceed $2.10 per one thousand dollars of assessed valuation. The regular property tax levied through this ordinance is for the purpose of receiving revenue to make payment upon the general indebtedness of the City of Spokane Valley, the general fund obligations and for the payment of services, projects and activities for the City during the 2004 calendar year. The purpose of this ordinance is to establish the levy amount as permitted by law. Section 2. Notice of Spokane County. Pursuant to RCW 84.52.020, the City Clerk shall certify to the County Legislative Authority a true and correct copy of this ordinance, as well as, the budget estimates adopted by the City Council in order to provide for and direct the taxes levied herein that shall be collected and paid to the City of Spokane Valley at the time and in the manner provided by the laws of the State of Washington. Section 3. Severabilitv. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionally of any other section, sentence, clause or phrase of this ordinance. Ordinance 03-086 Property Tax 2004 Page 1 of 2 Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of , 2003. City Clerk, Christine Bainbridge Approved As To Form: City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVieming Ordinance 03 -086 Property Tax 2004 Pagc 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11 - 12 - 03 City Manager Sign -off: Item: Check all that apply: ❑ consent XX old business new business ❑ public hearing information ❑aadmin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Ordinance Adopting Commute Trip Reduction Program GOVERNING LEGISLATION: RCW 70.94 PREVIOUS COUNCIL ACTION TAKEN: Study session 10 14 - 03. First reading 10- 28 -03. BACKGROUND: RCW 70.94.524 -551 requires each jurisdiction within counties over 150,000 to adopt an ordinance and plan to reduce commute trips for large employers. This proposed ordinance is largely taken from the model ordinance drafted by the State CTR Task Force. Changes to the model language were discussed and approved by the Council on 10- 28 -03, and were agreed to by Ross Kelly from Spokane County as being consistent with state and County requirements. OPTIONS: SV must adopt a CTR ordinance. RECOMMENDED ACTION OR MOTION: Adopt the CTR Ordinance as proposed. BUDGET /FINANCIAL IMPACTS: Revenue neutral. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: Proposed CTR ordinance Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 03-087 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING COMMUTE TRIP REDUCTION REGULATIONS. WHEREAS, the City has the duty and authority to maintain and protect the health, safety and welfare of its citizens; WHEREAS, RCW 70.94.524 -.551 establishes the requirements that certain counties and cities must comply with to reduce commute trips in an effort to reduce air pollution; and WHEREAS, Spokane Valley is a jurisdiction required under RCW 70.94.527(1) to adopt a commute trip reduction ordinance, and a program designed to reduce commute trips. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to comply with the requirements of RCW 70.94 regarding reduction of commute trips. Section 2. Definitions. For the purpose of this ordinance, the following definitions shall apply in the interpretation and enforcement of this ordinance: A. "Affected Employee" means a full -time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. B. "Affected Employer" means an employer that employs one hundred (100) or more full - time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. (Also see definition of employer.) c/cpd work filcdcommute uip reduction/proposed ordina�.ie 10 -30 -03 draft two Page 1 Proposed administrative draft Gilt ordinance — C. Driskell Drafi 2 — October 30, 2003 C. "Alternative Mode" means any means of commute transportation other than that in which the single - occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips. D. "Alternative Work Schedules" mean programs such as compressed work weeks that eliminate work trips for affected employees. E. "Base Year" means the period on which goals for vehicle miles traveled (VMT) per employee and proportion of single- occupant vehicle (SOV) trips shall he based. F. "Carpool" means a motor vehicle occupied by two (2) to six (6) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. G. "Commute Trips" mean trips made from a worker's home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays. H. "CTR .Plan" means Spokane Valley's plan and ordinance to regulate and administer the CTR programs of affected employers within its jurisdiction. 1. "CTR Program" means an employer's strategies to reduce affected employees' SOV use and VMT per employee. J. "CTR Zone" means an area, such as a census tract or combination of census tracts, within a city characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting. K. "Commuter Matching Service" means a system that assists in matching commuters for the purpose of commuting together. L. "Compressed Work Week" means an alternative work schedule, i.n accordance with employer policy, that regularly allows a full -time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer comrnute trips by the employee. This definition is primarily intended to include weekly and bi- weekly arrangements, the most typical being four 10 -hour days or 80 hours in nine days, but may also include other arrangements. M. "Custom. BusBuspool" means a commuter bus service arranged specifically to transport employees to work. N. ".Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. c/cpd work files/commute trip reduction /proposed ordinance 10- 30-03 drift two Page 2 Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 O. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, non - profit, or private, that employs workers. P. "Exemption" means a waiver from any or all CTR program requirements granted to an employer by a city based on unique conditions that apply to the employer or employment site. Q. "Flex -Time" is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. R. "Full -Time Employee" means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week. S. "Good Faith Effort" means that an employer has met the minimum requirements identified in RCW 70.94.531 and this ordinance, and is working collaboratively with Spokane Valley to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed -upon length of time. T. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521 -551 and this ordinance as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to its approved CTR program and schedule. U. "Mode" means the means of transportation used by employees, such as single- occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and telecomniuting. V. "Notice" means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. W. "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. X. "Peak Period Trip" means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. ckpd work filcskouunute trip reductionVproposod ordinance 10.30 -03 draft two Page 3 Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 Y. "Proportion of Single - Occupant Vehicle Trips" or "SOV Rate" means the number of commute trips over a set period made by affected employees in SOVs divided by the number of potential trips taken by affected employees working during that period. G. "Single- Occupant Vehicle (SOV)" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. AA. "Single- Occupant Vehicle (SOV) Trips" means commute trips made by affected employees in SOVs. BB. "Single Worksite" means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights -of -way occupied by one or more affected employers. CC. "Telecommuting" means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half DD. "Transit" means a multiple-occupant vehicle operated on a for -hire, shared -ride basis, including bus, ferry, rail, shared -ride taxi, shuttle bus, or vanpool. A transit trip counts as zero (0) vehicle trips. EE. "Transportation Demand Management (TDM)" means a broad range of strategics that are primarily intended to reduce and reshape demand on the transportation system. FF. "Transportation Management Organization (TMO)" means a group of employers or an association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits GG. " Vanpool" means a vehicle occupied by from seven (7) to fifteen (1 5) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. A vanpool trip counts as zero (0) vehicle trips. H:FI. "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle cominute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period. II. "Week" means a seven -day calendar period starting on Monday and continuing through Sunday. JJ. "Weekday" means any day of the week except Saturday or Sunday. cicpd won$: files/coin n ee trip reductiontproposod ordinenoc 10 -30-03 draft two Pale 4 Proposed administrative draft . CTR ordinance — C. Driskell Draft 2 — October 30, 2003 KK. "Writing," "Written," or "In Writing" means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. Section 3. City CTR Plan. The city's CTR Plan set forth in Attachment A is wholly incorporated herein by reference. Section 4. Responsible City Department. The City Manager shall designate the City department responsible for implementing this ordinance, the CTR plan, and the Spokane Valley CTR program. In the alternative, the City may enter into an interlocal agreement with Spokane County whereby Spokane County would implement a city CTR plan and CTR program. Section 5. Applicability. The provisions of this ordinance shall apply to any affected employer at any single worksite within the corporate limits of the City of Spokane Valley, Washington. A. Notification of Applicability 1. In addition to Spokane Valley's established public notification for adoption of an ordinance, a notice of availability of a summary of this ordinance, a notice of the requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in Spokane Valley's official newspaper not more than 30 days after passage of this ordinance or revisions. 2. Affected employers located in Spokane Valley are to receive written notification that they are subject to this ordinance. Such notice shall be addressed to the company's chief executive officer, senior official, or CTR manager at the worksite. Such notification shall be at least 180 days prior to the due date for submittal of their CTR program. 3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance and are either notified or identify themselves to the City within 180 days of the passage of the ordinance will be granted an extension to assure up to 180 days within which to develop and submit a CTR program. 4. Once an affected employer has been notified by the agency implementing the CTR plan and CTR program, the affected employer shall have 180 days to submit a compliant CTR program to the implementing agency. Failure to do so will be considered a violation of this ordinance. cicpd work files/commute trip reduction/proposed ordinance 10 -30 -03 draft two Page 5 Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 B. New Affected Employers Employers that meet the definition of "affected employer" in this ordinance must identify themselves to Spokane Valley within 180 days of either moving into the boundaries of the city or growing in employment al a worksite to one hundred (100) or more affected employees. Such employers shall be given up to 180 days to develop and submit a CTR program. New affected employers that do not identify themselves within 180 days are in violation of this ordinance. New affected employers shall have two years to meet the first CTR goal of a 15 percent reduction in proportion of single occupant vehicle trips or vehicles miles traveled per person; four years to meet the second goal of a 20 percent reduction; six years to meet the third goal of a 25 percent reduction; and twelve years to meet the fourth goal of a 35 percent reduction, from the time they begin their program. C. Change in Status as an Affected Employer. Any of the following changes in an employer's status will change the employer's CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify Spokane Valley that it is no longer an affected employer. 2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers. 3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a new affected employer and will be subject to the same program requirements as other new affected employers. Section 6. Requirements for Employers. An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, to develop and implement a CTR program that will encourage its employees to reduce \TMT per employee and SON/ commute trips. The employer shall submit a description of its program to Spokane Valley and provide an annual progress report to Spokane Valley on employee commuting and progress toward meeting the SOV goals. The CTR program must include the mandatory elements as described below. c /cpd work files/commute trip 'eduction/proposed oixlinaoce IO -30.03 draft two Page 6 Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 A. CTR Program Description Requirements The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction goals for each goal year. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer's description must include: 1) a general description of the employment site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; 2) number of employees affected by the CTR program; 3) documentation of compliance with the mandatory CTR program elements (as described in subsection B of this section); 4) description of the additional elements included in the CTR program (as described in subsection 13 of this section); and 5) schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. B. Mandatory Program Elements Each employer's CTR program shall include the following mandatory elements: 1. Transportation Coordinator - The employer shall designate a transportation coordinator to administer the CTR program. The coordinator's and/or designee's name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer's CTR program and act as liaison between the employer and Spokane Valley. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one transportation coordinator for all sites. 2. Information Distribution - Information about alternatives to SOV commuting shall be provided to employees at least once a year. Each employer's program description and annual report must report the information to be distributed and the method of distribution. 3. Annual Proeress Report - The CTR program must include an annual review of employee commuting and progress, as well as good faith efforts toward meeting the SOV reduction goals. Affected employers shall file an annual progress report with Spokane Valley in accordance with the format established by this ordinance and consistent with the CTR. Task Force Guidelines. The report shall describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR programs. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR goals. Survey information or approved alternative information must be provided in the c /cpd work files/commute trip reduetionrproposed ordinance 10 -30-03 draft two Page 7 Proposed achrtinistrative draft CTR ordinance — C. Driskcll Draft 2 — October 30, 2003 reports submitted in the second, fourth, sixth, eighth, tenth, and twelfth years after implementation begins. The employer should contact the Spokane Valley for the format of the report. 4. Additional Program Elements - In addition to the specific program elements described above, the employer's CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following: a. Provision of preferential parking or reduced parking charges, or both, for high - occupancy vehicles; b. Instituting or increasing parking charges for SOVs; c. Provision of commuter ride matching services to facilitate employee ride - sharing for commute trips; d. Provision of subsidies for transit fares; e. Provision of vans for vanpools; f. Provision of subsidies for carpools or vanpools; g. Permitting the use of the employer's vehicles for carpooling or vanpooling; h. Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools; i. Cooperation with transportation providers to provide additional regular or express service to the worksite; j. Construction of special loading and unloading facilities for transit, carpool, and vanpool users; k. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; 1. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; m. Establishment of a program to permit employees to work part- or full -time at home or at an alternative worksite closer to their homes; n. Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting; and o. Implementation of other measures designed to facilitate the use of high - occupancy vehicles, such as on -site day care facilities and emergency taxi services. Section 7. Record Keeping. Affected employers shall include a list of the records they will keep as part of the CTR program they submit to Spokane Valley for approval. Employers will maintain all records listed in their CTR program for a minimum of 24 months. Spokane Valley and the employer shall agree on the record keeping requirements as part of the accepted CTR program. Section 8. Schedule and Process for CTR Reports. c/cpd wnri: files/commute trip reduction +proposed otttinattce 10 -30.03 dmft two Page 8 Proposed administrative draft CTR ordinance — C. Driskcll Draft 2 — October 30, 2003 A. CTR Program. Not more than 180 days after the adoption of this ordinance, or within six months after an employer qualifies under the provisions of this ordinance, the employer shall develop a CTR program and shall submit to Spokane Valley a description of that program for review. B. Document Review. Spokane Valley shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or continent on the CTR program or annual report within 90 days of submission, the employer's program or annual report is deemed accepted. Spokane Valley may extend the review period up to 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days. C. CTR Annual Progress Reports. Upon review of an employer's initial CTR program, Spokane Valley shall establish the employer's annual reporting date, which shall not be less than 12 months from the day the program is submitted. Each year on the employer's reporting date, the employer shall submit to Spokane Valley its annual CTR report. D. Modification of CTR Program Elements. Any affected employer may submit a request to Spokane Valley for modification of CTR program elements, other than the mandatory elements specified in this ordinance, including record keeping requirements. Such request may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR. program elements for reasons beyond the control of the employer, or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. This may include evidence from employee surveys administered at the worksite: first, in the base year, showing that the employer's own base year values of VMT per employee and SOV rates were higher than the CTR. zone average; and /or secondly, in the goal measurement year(s), showing that the employer has achieved reductions from its own base values that are comparable to the reduction goals established.for the employer's CTR zone. E. Extensions. c /cpd work filescoaunute trip n duction/proposed ordinance 10 -30-03 draft two Page 9 Proposed administrative draft CTR ordinance — C. Driskcll Draft 2 — October 30, 2003 An employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be via written notice at least 30 clays before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. Spokane Valley shall grant or deny the employer's extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer's annual reporting date shall not be adjusted permanently as a result of these extensions. An employer's annual reporting date may be extended at the discretion of the director of the implementing agency, or his or her designee. F. Implementation of Employer's CTR Program. Unless extensions are granted, the employer shall implement its approved CTR. program not more than 180 days after the program was first submitted to Spokane Valley. Implementation of the approved program modifications shall begin within 30 days of the final decision or 180 days from submission of the CTR program or CTR annual report, whichever is greater. Section 9. Credit For Transportation Demand Management Efforts. A. Leadership Certificate As public recognition for their efforts, employers with VMT per employee and proportion of SOV trips lower than the zone average will receive a Commute Trip Reduction Certificate of Leadership from Spokane Valley. B. Credit For Programs Implemented Prior to the Base Year Employers with successful TDi\4 programs implemented prior to the base year may be eligible to apply for program exemption credit, which exempts them from most program requirements. Affected employers wishing to receive credit for the results of existing TDM efforts may do so by applying to Spokane Valley within 90 days of the adoption of this ordinance. Application shall include data from a survey of employees or equivalent to establish the applicant's VMT per employee and proportion of SOV trips. The survey or equivalent data shall conform to all applicable standards established in the CTR Task Force Guidelines. The employer shall be considered to have met the first measurement goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the final base year CM zone values. This three percentage point credit applies only to the first measurement goals. C. Program Exemption Credit c/cpd work Cif s +commute trip reduction/proposed ordinance 10.30.03 draft two Page 10 Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 Affected employers may apply for program exemption credit for the results of past or current TDM efforts by applying to Spokane Valley within 90 days of adoption of the applicable CTR ordinance, or as part of any annual report. Application shall include results from a survey of employees, or equivalent information that establishes the applicant's VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards established in the CTR Task Force Guidelines. Employers that apply for credit and whose VMT per employee and proportion of SOV trips are equal to or less than goals for one or more future goal years, and conunit in writing to continue their current level of effort, shall be exempt from the requirements of the ordinance except for the requirements to report performance in the measurement years (Section 5(B) of this ordinance). If any of these reports indicate the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR ordinance. Section 10. Enforcement. A. Compliance For purposes of this section, compliance shall mean fully implementing in good faith all provisions in an approved CTR program. B. Program Modification Criteria The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program; 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, but has not met or is not likely to meet the applicable SOV or VMT goal, the city shall work collaboratively with the employer to make modifications to its CTR program.. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within 30 days of reaching agreement. 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this ordinance, and fails to meet the applicable SOV or VMT reduction goal, Spokane Valley shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. Spokane Valley shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is cicpd work iileslcommute trip reduction/proposed ordinance 10 -30-03 draft two Page 11 Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 not accepted, Spokane Valley will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by Spokane Valley within 10 working days of the conference. C. Violations. The following constitute violations if the deadlines established in this ordinance are not met: 1. Failure to develop and /or submit on time a complete CTR program, including: a. Employers notified or that have identified themselves to Spokane Valley within 180 days of the ordinance being adopted and that do not submit a CTR program within 180 days from the notification or self - identification; 2. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as specified in ordinance; 3. Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance; or 4. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this ordinance. D. Penalties 1. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable SON/ or VMT goal; 2. • Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW 7.80. Spokane Valley shall adopt a schedule of civil monetary penalties by separate resolution. 3. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: a. Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and cicird work lilesfoonnutc trip reduction /imposed ordinance 10 -30 -03 draft two Page 12 Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 b. Advise the union of the existence of the statute and the mandates of the CTR program approved by Spokane Valley and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). Section 11. Exemptions and Goal Modifications. A. Worksite Exemptions An affected employer may request Spokane Valley to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by Spokane Valley at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR. program. Spokane Valley shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. Spokane Valley will use the criteria identified in the CTR Task Force Guidelines to assess the validity of employee exemption requests. Spokane Valley shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. C. Modification of CTR Program Goals 1. An affected employer may request that Spokane Valley modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR. program. 2. Spokane Valley will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An employer may not request a modification of the applicable goals until one year after city approval of its initial program description or annual report. c!cpd work files/comnnuc trip reduction /proposed ordinance 10.30.03 deaf two Page 13 N .i Proposed administrative draft CTR ordinance — C. Driskell Draft 2 — October 30, 2003 ATTEST: Section 12. Appeals. Any affected employer may appeal administrative decisions regarding exemptions, modification of goals, CTR Program elements, and violations and penalties to the designated Hearing Examiner. Appeals shall be filed within 15 working days of the administrative decision. All appeals shall be filed with the City Clerk at 11707 East Sprague, Suite 106, Spokane Valley, WA 99206. If the City contracts with Spokane County to administer the CTR plan and program, the City will transmit any appeal to the Clerk of the Board of County Commissioners of Spokane County, which will process the appeal pursuant to established procedures. All appeals shall be in writing and must specify the decision being appealed as well as the specific basis for the appeal. Section 13. 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 Ordin Section 14. Effective Date. This Orduiance shall be in full force and effect five (5) days after publication of the Ordinance Summary. PASSED by the City Council this day of November, 2003. City Clerk, Christine Bainbridge Approved as to Forni: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Mayor, Michael DeVlemng c /cpd work fiteslcouunute.trip reduction /proposed ordinance 10.3003 draft two Page 14 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11 - - City Manager Sign -off: Item: Check all that apply: ❑ consent XX old business new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Draft Interlocal Agreement for Commute Trip Reduction Program with Spokane County GOVERNING LEGISLATION: RCW 70.94 PREVIOUS COUNCIL ACTION TAKEN: Study session 10- 14 -03. Discussion 10- 28 -03. BACKGROUND: RCW 70.94.524 -551 requires each jurisdiction within counties over 150,000 to adopt an ordinance and plan to reduce commute trips for large employers. Spokane County has been running such a program since 1993. Spokane County has approached us to ask if we would let them continue to operate the program, and in return, the County would receive the roughly $33,000 SV would receive from the State. That money is an allocation from the State that is intended to be a cost recovery for operating the program to avoid CTR being an unfunded mandate. OPTIONS: Operate a CTR program internally. RECOMMENDED ACTION OR MOTION: Motion to approve the proposed interlocal agreement. BUDGET /FINANCIAL IMPACTS: Revenue neutral if approved. Unknown if SV runs its own program. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: draft interlocal agreement. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made and entered into this day of , 2003 by and between the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 11707 E. Sprague Ave., Suite 106, Spokane Valley, WA, 99206, hereinafter referred to as the "City" and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at West 1026 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "County," jointly hereinafter referred to as the "Parties." WITNESSETH WHEREAS, the Washington State Legislature has adopted legislation codified in RCW 70.94.521 through 551, the purpose of which is to improve air quality, reduce traffic congestion and reduce the consumption of petroleum fuels through employer -based programs that encourage the use of alternatives to the single occupant vehicle for commute trips; and WHEREAS, the County and each affected city within Spokane County have adopted Commute Trip Reduction Ordinances and must implement a Commute Trip Reduction (CTR) Plan for all major employers; and WHEREAS, the Washington State Department of Transportation has the statutory authority under Section 2 of RCW 70.94.541 to provide assistance to local governments serving the communities of the State for the purpose of implementing Commute Trip Reduction Plans and Ordinances; and WHEREAS, pursuant to the provisions of RCW Section 70.94.544, the Washington State Department of Transportation is directed to proportionally distribute funds to counties, and counties upon receipt of such funds, proportionally distribute the same to cities based on number of affected worksites, to be used to implement and administer Commute Trip Reduction Plans and Ordinances; and WHFREAS, Spokane County has entered into an agreement with the Washington State Department of Transportation under Agreement No. GCA3667, hereinafter referred to as "WSDOT Agreement," pursuant to which Spokane County is eligible to receive a reimbursable amount of funds which the County will distribute to itself and cities to implement and administer Commute Trip Reduction Plans and Ordinances; and WHEREAS, pursuant to the provisions of RCW Section 70.94.527 (6), counties and cities may enter into agreements through the Interlocal Cooperation Act to coordinate the development and implementation of Conunute Trip Reduction Plans and Ordinances; and WHEREAS, Spokane County has allocated $33,278.93 to the City from the grant Agreement No. GCA3667 which the City is now desirous of making available to the County to perform those tasks which are the responsibility of the City. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and as authorized under chapter RCW 70.94.527 (6), the parties hereto do mutually agree as follows: The County has entered into a WSDOT Agreement with the Washington State Department of Transportation under which it will receive $173 for year one and year two to be based on Exhibit I "Funding Allocation Methodology ". This funding is to be allocated to the County and cities within Spokane County for their use in the implementation and administration of their Commute Trip Reduction Plans and Ordinances. The County, based upon an allocation formula established by the Washington State Department of Transportation, has determined that the City shall receive $33,27593 from the WSDOT Agreement from which it shall perform certain tasks. The City agrees to its proportionate share of the monies made available to the County in the WSDOT Agreement and agrees to allow Spokane County to retain its proportionate share in consideration of the County performing those tasks as more particularly set forth in Attachment "A" attached hereto and incorporated herein by reference. In conjunction with allowing the County to retain its proportionate share of monies, the City will execute any and all necessary documents which may be required by the Washington State Department of Transportation. It is understood by the parties hereto, that in order for the County to perform those tasks as set forth in Attachment "A" for the City, the City must perform certain tasks. Attached hereto as Attachment "B" and incorporated herein by reference, is a listing of tasks which the City agrees to perform in conjunction with the County performing those tasks set forth in Attachment II A The County agrees to provide those tasks set forth in Section 1 and complete performing such tasks on or before June 30, 2005. The parties agree that this Aeement may be terminated by either party for material breach of any provision set forth herein, upon ninety (90) days advance written notice to the other party at the address set forth hereinabove. Provided, however, the parties agree that any notification of termination shall set forth the specific provision(s) for which such notification is being provided and additionally, advise that if such default is cured within such ninety (90) day time frame, said termination notification shall be of no force and effect. in the event of termination, the County agrees to provide to the City all written documentation which it has completed to the date of t termination under the terms of this Agreement. Additionally, the County agrees to return to the City that portion of the monies set Section 1: PURPOSE Section 2: DURATION Section 3: TERMINATION forth in Section l hereinabove, which has not been expended by the county, prior to the date of termination, on the City's behalf in providing those tasks as set forth in Attachment "A." Provided, further, the parties recognize that the Washington State Department of Transportation in Agreement No. GCA3667, has retained the right to unilaterally terminate all or a part of such contract if there is a reduction of funds from the funding source. Accordingly, in the event that the Washington State Department of Transportation terminates all or part of the WSDOT Agreement with Spokane County, and such action affects the allocation of funds by the County to the City herein, and/or modifies the tasks to be performed hereunder, the parties will immediately meet to renegotiate the provisions of this Agreement. The County hereby designates Ms. Aurora J. Crooks, the Spokane County Transportation Demand Management Manager, -as its designee for the purpose of administering and coordinating the County's responsibilities under the terms of this Agreement. The parties hereto agree that any real or personal property acquired by the County with those monies made available to the County by the City under Section 1 hereinabove, shall be and remain the sole property of the County upon acquisition and/or termination of this Agreement. The County agrees to observe all applicable federal, state and local laws, ordinances and regulations including, but no necessarily limited to, the Americans with Disabilities Act and chapter 49.60 RCW, to the extent that they may have any bearing on performing those tasks for the City as set forth in Section 1 hereinabove. Additionally, the County agrees to comply with all applicable funding audit requirements of the Washington State Department of Transportation in conjunction with performing those tasks for the City. All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail, return receipt requested, sent to the Parties at their respective addresses hereinabove given. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Section 4: DESIGNATION OF ADMINISTRATOR Section 5: ACQUISITION/DISPOSITION OF PROPERTY Section 6: COMPLIANCE WITH LAWS Section 7: NOTICES Section 8: HEADINGS Section 9: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. Section 10: ALL WRITINGS CONTAINED) HEREIN This Agreement contains all the terms and conditions agreed - upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. The City has read and understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce the City to execute the same. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF SPOKANE VALLEY 13y: PHILLIP D. HARRIS, VICE CHAIR Mayor Michael DeVleming ATTEST: CHRISTINE BA NB.RIDGIE CITY CLERK APPROVED AS TO FORM: CARY P. DRISKELL DEPUTY CITY ATTORNEY BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON JOHN ROSKELLEY, CHA_I_R. M. KATE McCASLIN ATTEST: VICKI M. DALTON CLERK OF TIIE BOARD APPROVED AS TO FORM: DEPUTY PROSECUTING ATTORNEY County Number of Sites Trips Reduced/ Day Worksite Base Allocation Performance Allocation Additional to Achieve $80,00 Floor Total Allocation Benton $50,000 Clark 47 654 $56,400 $20,26 $3,334 $80,000 $942,670 King 552 11,575 $662,4001 $280,270 Kitsap 32 0 $38,400 SO S41,60q $80,000.00 Pierce 83 4,278 599,600' S103,585 5203,185 Snohomish 84 1,050 $100,800 S25,42 $126,224, $173,401 Spokane 99 2,255 5118,800 $54,601 Thurston 65 579 $78,000 $14,024 $92,020 Whatcom 23 329 527,600 $10,195 $42,205 $80,000 Yakima 20 304 $24,000 59,420 546,580 $80,000 TOTAL 1,005 21,024 $1,206,000 5517,781 $133,719 $1,907,500.00 July 1, 2003 - June 30, 2004 Allocation Exhibit I Funding Allocation Methodology Funding allocated by WSDOT for local implementation of CTR activities is based on the following formula: 1. Each county is provided $1,200 per affected worksite as a base allocation to ensure sufficient funding to meet jurisdiction obligations pursuant to RCW 70.94.521 -551. The number of affected worksites in each county shall be based on information contained in WSDOT database as of May 1 of each year. 2. The remaining funding will be allocated based on the number of commute trips reduced per day in each county between each worksite's base year survey and its most recent survey, provided that every county receives at least $80,000 per year. For the period July 1, 2003 through June 30, 2004, the most recent survey period will be 2001. For the period July 1, 2004 through June 30, 2005, the most recent survey period will be 2003. Any distribution of funds to jurisdictions within a county shall be done on the basis of the number of affected worksites in each jurisdiction. For example, if there are two jurisdictions in a county, each with fifty percent of the total number of affected worksites in the county, any division of funds within the county should provide each of the two jurisdictions with fifty percent of the total county funding allocation. The County will: 2. Maintain and administer the City's CTR Ordinances and Plan. 3. Employ a full-time Transportation Demand Management Manager to administer the County's and City's CTR Plans and Ordinances. 4. Take reasonable measures to identify and notify all affected employers within the City. 5. Assist each affected employer within the City in preparing a program and promoting the principles of Transportation Demand Management (TDM) with the employer's employees. 6. Maintain an appeals process consistent with RCW 70.94.534(6) and the procedures contained in the CTR Guidelines whereby employers in the local jurisdiction may obtain an exemption or modification of CTR requirements, including the establishment of alternative SOV/VMT goals. Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for any worksite that has been granted an exemption or coal modification. Include information about the duration of all exemptions and information on the type of goal modification granted. 7. Submit to Washington State Department of Transportation periodic progress reports summarizing the overall CTR implementation costs incurred by the County and shall be reported in a format provided by WSDOT. 8. Provide WSDOT with a public hearing notice and copies of any proposed amendments to the CTR ordinance, plan, and /or administrative guidelines within the first week of the public review period and final copies of all actions within one (1) month of adoption. 9. Coordinate and administer baseline and measurement CTR. employer surveys. Provide employer survey assistance, training and state - supplied survey forms. 10. Notify Washington State Department of Transportation prior to sending any surveys to University of Washington for processing. The notification must include the name of the worksite, employer identification code and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet ATTACHMENT "A" STATEMENT OF WORK Promote consistency within all affected local government jurisdictions within Spokane County, while serving the City's specific needs. via electronic mail. The County agrees to wait for confirmation from WSDOT prior to sending or delivering the surveys for processing. 11. Return CTR Survey Report form to their respective employer within thirty (30) days of receipt from the state, and return all processed CTR Employee Questionnaires unaltered to their respective employer within ninety (90) days of receipt from the state. 12. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a quarterly basis. These updates will be submitted electronically in a format specified by WSDOT. 13. Continue to monitor the programs of each of the affected employers in the City to determine compliance with the CTR Ordinance and Plan. Complete annual review employer CTR programs including a determination as to whether the employer is acting in good faith to meet the goals established by the CTR Law. Within 30 days from the date of approval, submit to WSDOT one electronic or hard copy of any approved employer annual reports. 14. Provide on -going support to all employer- designated Employee Transportation Coordinators (ETCs) and assist ETCs in facilitating regular employer networking opportunities and obtaining information necessary to perform their duties including information materials that explain a range of measures and activities to encourage employee use of commute alternatives. 15. Market available services to affected employers to assist in accomplishing CTR goals. 16. Work collaboratively with and provide technical guidance and support to employers in developing successful CTR programs. 17. Conduct at least one Basic ETC Training Course per year, using WSDOT- provided ETC Handbook and other training materials reviewed and approved by WSDOT. 18. Prepare and submit to WSDOT an annual work plan which outlines major tasks and activities to be conducted for the coming year. 19. Provide employers with written information on basic requirements of the CTR ordinance, CTR zones and an explanation of how the plan is intended to achieve its goals. 20. Attend transportation fairs at affected employer worksites to encourage high- occupancy vehicle commuting and promote employer's CTR program. 21. Design, construct and distribute worksite Commuting Options Boards. Provide professional materials such as brochures, flyers, posters, newsletters, clip art and other tools to assist employer implementation of worksite CTR. programs. 22. Submit any requests for exemptions or modifications from CTR requirements including requests for goal modifications, to the Washington State Department of Transportation for review and continent within five (5) days of receiving such requests. Spokane County shall not approve or deny any such requests until receiving comment on the request. fi WSDOT within five (5) days. 23. Provide all affected employers with the WSDOT- approved "Program Description Employer Annual Report" form. Ensure completed reports are submitted by affected employers to meet applicable deadlines. 24. Submit to Washington State Department of Transportation periodic invoices (State form 134 -139 FF) along with progress reports that accurately assess the progress made by County, on behalf of City, in implementing RCW 70.94.521 -551. Report contents include: a. Detailed summary of CTR events and projects, including implementation assistance provided to affected employers within the City; b. Actual total CTR. expenditures used by the County for all state CTR funds expended by the County during the previous quarter for the purpose of CTR implementation using WSDOT pre - approved format; c. Updated list of affected employers and worksites (electronic); d. Total number of worksites by jurisdiction; e. List of sites which have applied for exemptions or goal modifications; f. Hard copies of any employer annual reports approved during quarter. 25. Establish and maintain books, records, documents and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this Agreement. Establish and maintain a separate "CTR Account" within Spokane County along with supporting documentation such as payroll and time records, invoices, contracts, vouchers or products proving in proper detail the nature and propriety of the charges. 26. Notify Washington State Department of Transportation of any proposed changes in CTR zone boundaries and/or values (proportion of Single- Occupant Vehicle commute trips and/or commute trip Vehicle Miles Traveled per employee). 27. Participate in local implementation of the statewide CTR public awareness and recognition programs developed by Washington State Department ofTransportati 28. Make recommendations to the City for policies on parking and site design which will encourage the use of alternative transportation modes. 29. Encourage employers to develop site designs and improvements to office and industrial sites that promote the use of alternative transportation modes. 30. Assist Washington State Department of Transportation with CTR evaluation. 31. Administer TransMatch, the County -wide ridernatching service. 32. Serve as liaison between Washington State Department of Transportation and cities, towns, transit agencies and regional transportation planning organizations for the purpose of RCW 70.94.521 -551. The City will: 1. Provide Spokane County with copies of any proposed amendments to the CTR Plan and Ordinance. 3. Develop, implement and maintain its own CTR Program as an affected employer or as otherwise specified in the CTR Task Force Guidelines or RCW 70.94.521 -551. 4. Reimburse the County for the services provided by this Agreement in an amount equal to the City's share of the CTR funding as provided in RCW 70.94.544. ATTACHMENT "13" STATEMENT OF WORK Provide Spokane County with copies of any CTR - related amendments to parking ordinances prior to public review. Meeting Date: 11 -12 -03 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE : Motion Consideration: Set Final 2004 Budget Hearing for November 25, 2003, beginning at 6:00 p.m. or as soon thereafter as practical. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: (See #9 attached Budget Calendar for Preparation of 2004 Budgets) OPTIONS: RECOMMENDED ACTION OR MOTION: Move to set Final 2004 Budget Hearing for November 25, 2003, beginning at 6:00 p.m. or as soon thereafter as practical. BUDGET /FINANCIAL IMPACTS: $ STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action T ''' N::1 l-4e. ii t �- _, - �� = � k� �;< -u � �� � ���� r � n ��31'6�� * t i '- '" , ,�. i - •- :k �r Alteps�iip ud^et:Preptitation, r 2 ' aior<S ta6V -J 3 erg'G°• '`x'! �';� v , S LxawbTi�ne� tate fi :Lu iitalu►ris , " .:'�i iandZ n � ,._. r � ; , ,a ��,��,.�y�.�u ' s F 12003 Ila 1. Request by city clerk to all department heads and those in charge of municipal offices to prepare detailed estimates of revenues and expenditures for next fiscal year (calendar year). By second Monday in September.'' September 8 1 2. Estimates are to be filed with the city clerk. B y fourth Monday in September.' September 22 3. Estimates are presented to the chief administrative officer (CAO) for modifications, revisions or additions. City Clerk must submit to CAO proposed preliminary budget setting forth the complete financial program, showing expenditures requested by each department and sources of revenue by which each such program is proposed to be financed. On or before the first business day in the third month prior to beginning of the fiscal year. • October 1 4. CAO provides the legislative body with current information on estimates of revenues from all sources as adopted in the budget for the current year. CAO also provides the legislative body with the clerk's proposed preliminary budget setting forth the complete financial program, showing expenditures requested by each department and sources of revenue by which each such program is proposed to be financed. No later than the first Monday in October. October 6 - . 5. The legislative body must hold a public hearing on revenue sources for the coming year's budget, including consideration of possible increases in property tax revenues. (Chapter 251, Laws of 1995. codified as RCW 84.55.120.) Before legislative body votes on property tax levy. Deadlines for levy setting are in item 8 below. 1 Budget Calendar for Preparation of 2004 Budgets in First (Under 300,000), Second, and Fourth Class Municipalities and Code Cities Budget Suggestions for 2004 Budget requirements for first (under 300,000) and second class municipalities, and towns are listed m chapter. 35.33 RCW, as amended, and for cities under the Optional Municipal Code in chapter 35A.33 RCW, as amended. Chapter 35.32A RCW contains the budget law for cities over 300,000 population (Seattle). Chapters 35.34 RCW and 35A.34 contain the provisions for a biennial budget. Thus far only a few cities are using the two -year budget process. Please see last page of budget calendar. 1 ::::::;;;:p .'',-- " ,,,,, .,: •,.:MajorStipsinlitidi;et ratiat-- - ' ;:z -l':c .. i$6,4; E0 w--Ttiri e':-::;: . ;f::"1.:iinifziticiriS , ::::::::-. .Xetual 'Date 6. CAO prepares preliminary budget and budget message and files with the city legislative body and city clerk. At least 60 days before the ensuing fiscal year. October 31 7. Clerk. publishes notice of filing of preliminary budget • with city clerk and publishes notice of public hearing on final budget once a week for two consecutive weeks. No later than the first two weeks in November. November 3 through November 14 8. Setting properly Lax levies (RCW 84.52.020 and RCW 84.52.070). November 15 for first class cities (except Seattle), code cities, and second class cities. November 30 for • Seattle and towns. • 9. The legislative body, or a committee thereof, must schedule hearings on the budget or parts of the budget and may require the presence of deparunem heads. Prior to the final hearing. . November 3 through 30 (suggested) 10. Copies of proposed (preliminary) budget made available to the public. NO later than six weeks before January 1. November 20 11. Final hearing on proposed budget. On or before first Monday of December, and may be continued from day-to-day but no later than the 25th day prior to next fiscal year (December 7). December 1 12. Adoption of budaet for 2004. . Following the public hearing and prior to beginning of the ensuing fiscal year. Day after last day of your public hearing through December 31. 13. Copies of final budget to be transmitted to the State Auditor's Office and to MRSC. After adoption 'RCW 35.33.031 actually provides on or before the second Monday of the fourth month," etc. Therefore, pursuant to the state budget law, that step (and certain others) could bc taken before the dates listed here. See also, RCW 35A.33.030. 1 0r at such other time as the city or town may provide by ordinance or charter (RCW 35.33.031 and .051 and 35A.33.030 and .050). 3 RCW 35.33.031 and RCW 35A.33.055 specify that the budget message must contain the following: 1. An explanation of the budget document; 2. An outline of the recommended financial policies and programs of the city for the ensuing fiscal year; 3. A statement of the relation of the reconuuended appropriation to such policies and progiuns; 4. A statement of the reason for salient changes from the previous year in appropriation and revenue items; 5. An explanation for any recommended major changes in financial policy. Budget Suggestions for 2004 2 COMPREHIENSIW PIL VI PARKS Community Development Department 1 a 016 .1 GI• te Steering 6 • Committee CAlor j��tlk^ 1 GROWTH MANAGEMENT ACT Planning Goals • Urban Growth - effiaent • Reduce Sprawl • Transportation efficaant mutlb modal • Housing affordability for all • EconomMC Dovebprnent • Property Rights • Pennts - timely & fair • Natural Resource Industnes • Open Space & Recreation • Envinximent • Citizen Participation & Coordination • Public Fadlthes S Sesv+ce • Historic Pieservafiun 1 • Coordinate regional park planning • Open Space corridors between Major Developments • Identify /protect large open space of regional significance • Use parks/open space to attenuate impact of high density land uses Utilize utility corndors as open space CWPP Parks and Recreation - Required Element • Estimate of park and recreation demand (10 yrs minimum time period) • Evaluation of Facilities and Service Needs • Evaluation of intergovernmental coordination opportunities to examine regional approaches for meeting park and recreation demand Type Park 0 Developed Acreage Undeveloped Acreage Total Acreage Centennial Trail 7 mobs Neighborhood 0 Plantes_Ferry 88 2.7 90.7 Dishman Hills 2.a Natural Area I 2.8 5 2 226.5 228.5 Buttercup 1 — 0 10 10 Type Park Undo Ire Total Acneego Neighborhood 24.9 2.7 27 5 Balfour 2.a 0 2.8 5 2 Btown's 8.2 0 Castle 0 27 0 _ 2 7 4.8 Edpecltif 4.5 Terrace View 9.1 0 9.1 Community 15.4 7.2 225 11.4 Volley Mission 15.4 0 Valley Mission South 0 7.2 7.2 101A 8epkmal .. — Mir4beeq i+ 2s.1 75.11 -• -- / - • - N ' -1 ii- T- •'- - z - City Parks Summary Non -City Parks/Open Space 3 Community Parks • Serve 2 or more neighborhoods • 20 -50 acres (with note that it includes "neighborhood" parks i.e. very small parks) • Preserve unique landscapes /natural resources • Spokane County Level of Service 1.4 acres/1000 population in UGA 1999 LOS 1.23acres /1000 population • Deficits: SE Valley 27 3 acre in 2006 SW Valley 36 5 acres in 2006 (includes non - SV populations) Revenue Sources for Parks o General Fund Park allocations part of annual budget/annual capital facilities plan • Real Estate Excise Tax Projects must be identified in Cities Capital Facilities Plan • General Obligation Bonds Voter approved (increased_taxes or Revenue Sources for Parks • Park Impact Fees New Development to pay for impact to park system • Grants Interagency Committee for Outdoor Recreation Aquatic Lands Enhancement Account (ALEA) Parks District (voter approved) Parks Service Area (voter approved) Observations • Detailed 10 -year Parks Master Plan should supplement the Comprehensive Plan • School and non - profit recreational facilities should be included in the inventory to properly assess recreational opportunities available within the community 6 GROWTH • - MANAGEMENT ACT t Wosnn GMA1141a late • !� • I . N�.:il r tl \ k.■ Steering Committee 8 Planning Goals • Urban Growth - efficient • Reduce Sprawl • Trunspottatton effcient rnutti modal • Housing affordability for aU • Economic Development • Property Rights • Permits - ttmety 6 for • Natural Resource industries • Open Speoe & Recrcetton • E>rPikonmvnt • Citizen Participation & Coordination • Pubic Facilities & Services Historic Preservation Utilities - GMA Required Element • Electrical lines • Telecommunication lines 4 Natural Gas Lines • Water and sewer facilities not included in Utilities Element - Capital Facilities Countywide Planning Policies • Utilities Technical Committee (1995) • Regional Utility Corridor Plan T Regional Utility Corridor Map • Policy Guidance to Incorporate into Comp Plans 2 Interim Plan Goals • Coordinate with Utility Providers • Promote Co- location within Corridors .. Promote Joint Use of Corridors (Example is Centennial Trail and ATT Fiber) ✓ Minimize Impact on Adjacent Land Uses • Adopt Regional Ublity Corridor Plan by Reference 3 Next Steps • Coordinate with Utility Providers • Update Utility Map for City .� Develop Policies Consistent with Utility Corridor Plan and County Comp Plan 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 12, 2003 City Manager Sign -off : Item: Check all that apply: ❑ consent ❑ old business ❑ new business [ i public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution authorizing the City Manager to apply for participation in the National Flood Insurance Program, providing assurances and designating the responsible official. Preliminary review of proposed Article V of the Spokane Valley Uniform Development Code - Flood Hazard Regulations GOVERNING LEGISLATION: Revised Code of Washington (RCW) 86.12.210 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The National Flood Insurance Program (NFIP) provides flood insurance for properties located within the 100 -year floodplain designated by the Federal Emergency Management Agency. Spokane County participates in NFIP pursuant to RCW 86.12.200 and has developed a comprehensive flood control management plan exceeding the minimum requirements for participation in the national flood insurance program adopted by the Department of Ecology pursuant to RCW 86.16,031, as well as rules adopted by the Department of Ecology pursuant to RCW 86.26.050 relating to flood plain management activities. Approximately 80 residential structures and four non - residential structures are located within flood hazard areas identified in Spokane Valley. Existing flood insurance policies will be continued under the umbrella of Spokane County NFIP participation during the one -year period prior to the City's acceptance into the program. The draft Article V of the Spokane Valley Uniform Development Code - Flood Hazard Regulations is based on the Washington model ordinance. RECOMMENDED ACTION OR MOTION: Approval of a Resolution.. BUDGET /FINANCIAL IMPACTS. Not applicable. STAFF CONTACT: Marina Sukup, AICP — Community Development Director ATTACHMENTS: Proposed Resolution Draft application form Proposed Article V of the Spokane Valley Uniform Development Code - Flood Hazard Regulations Spokane Val ley Proposed EIIooddpllaiinl Resolution and Ordinance Community Development Department National Flood Insurance Program (NFIP) • NFIP provides flood insurance for properties within flood hazard areas by FEMA • Spokane County participates in NFIP pursuant to RCW 86.12.200 and has developed a comprehensive flood control management plan • Department of Ecology has oversight of flood plain management activities within the State • Floodplain Management is included in Critical Areas covered by the Comprehensive Plan 1 Resolution authorizing Application for Participation in NFIP • Floodplain areas (100 -year event) are located adjacent to the Spokane River and along Chester Creek • Approximately 80 residential structures and four non - residential structures are located within flood hazard areas • Existing flood insurance policies will be continued under the umbrella of Spokane County NFIP participation during the one -year period prior to the City's acce•tance to he program Resolution authorizing Application for Participation in NFIP • Authorizes the City Manager to apply for participation • Designates the Community Development Director as the official responsible for providing information to FEMA and for maintaining records • Agrees to take official action to further program objectives 2 Proposed Ordinance • Based on the Washington Model Ordinance • Drafted to be included in the Uniform Development Code • New construction and substantial improvement shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation (BFE) • Manufactured Housing shall be have the bottom of the crawl space one foot above BFE • Prohibits impervious cover without an engineering study to verify no adverse impact within Chester Creek and portions of Saltese Creek, Forker, .fir, Central Park and Glenrose Next Steps • Approval of the resolution will start the clock on City participation in NFIP • The draft ordinance will be reviewed by Planning Commission following a public hearing • Planning Commission will forward a recommendation to City Council for consideration 3 CITY OF SPOKANE VALLEY RESOLUTION No. A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM WHEREAS, certain areas of the City of Spokane Valley, Washington, ( "the City') are subject to periodic flooding, mudslides or flood- related erosion, causing serious damage to properties within these areas; and WHEREAS, relief is available in the form of federally subsidized flood insurance, as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of the City Council of the City of Spokane Valley, Washington to require the recognition and evaluation of flood, mudslide or flood- related erosion hazards in all official actions relating to land use in areas where these hazards exist; and WHEREAS, the City Council has the authority to adopt land use and control measures to reduce future flood lasses pursuant to Revised Code of Washington (RCW) 86.12.210; NOW THEREFORE, BE IT RESOLVED, by the City Council of Spokane Valley, Washington, that: Section 1. The City Manager is authorized to rnake application for participation in the National Flood Insurance Program: and Section 2. The City assures the Federal Insurance Administration that it will enact, as necessary, and maintain in force in those areas having flood, mudslide or flood related erosion hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 1910 of the national Flood Insurance Program regulations; and Section 2. The City hereby vests the Community Development Director with the responsibility, authority and means to: 1. provide such information as the Administrator may request concerning present uses and occupancy of floodplain, mudslide or flood - related erosion areas; and 2. will cooperate with Federal, State and local agencies and private firms which undertake to study, survey, map and identify floodplain, mudslide or flood - related erosion areas, and cooperate with neighboring comrrrunities with respect to management of adjoining floodplain, mudslide or flood - related erosion areas in order to prevent aggravation of existing hazards; and 3. submit, on the anniversary of the community's initial eligibility an Annual Report to the Administrator on the progress made during the past year within Spokane Valley in the development and implementation of floodplain management measures; and 4. upon occurrence, notify the Administrator in writing whenever the boundaries of the community have been modified. by annexation or the community has assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all Flood Hazard Boundary Maps and Flood insurance Rate maps accurately represent the City boundaries, include within such notification a copy of a map of the City suitable for reproduction, clearly delineating the new corporate limits or new area for which the community assumed or relinquished floodplain management regulatory authority. Section 3. The City further directs the Community Development Director to maintain for public inspection and to furnish on requests, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a Flood Hazard Boundary Map or Flood Insurance Rate Map, any certificates of flood - proofing, and the information on the elevation in relation to mean sea level of the level of the lowest habitable floor (including the basement if habitable) of all new or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been flood - proofed, the elevation to which the structure was flood - proofed; and Section 4. The City also agrees to take such other official action as may be reasonably necessary to carry out the objectives of the National Flood Insurance Program. Resolved this the day of November, 2003. City of Spokane Valley ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Interim City Attorney, Stanley M. Schwartz Mayor Michael DeVleming ORDINANCE No. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING ARTICLE 5 SPECIAL ZONES AND PROVIDING FOR FLOOD DAMAGE PREVENTION IN CONFORMANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM; DESIGNATING A FLOODPLAIN ADMINISTRATOR; REPEALING ORDINANCES IN CONFLICT; ESTABISHING PENALTIES FOR NON- COMPLIANCE; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, flood hazard areas are subject to periodic inundation which results in Toss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare; and WHEREAS, flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities; and WHEREAS, when structures are inadequately anchored, flood- proofed, elevated, or otherwise protected from flood damage, losses will result; and WHEREAS, the City Council finds that the regulation of construction within flood hazard areas promotes the public health, safety, and general welfare, by minimizing public and private losses, the expenditure of public money for costly flood control projects, prolonged business interruptions, damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard, and limiting the need for rescue and relief efforts associated with flooding; and WHEREAS, the regulation of construction within flood hazard areas assists in maintaining a stable tax base, ensures that potential purchasers of real property have notice of flood hazard conditions, and provides for the availability of flood insurance to the owners of real property; WHEREAS, management of floodplain hazard areas is authorized pursuant to RCW 86.12.210; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SPOKANE VALLEY, WASHINGTON: Section 1. Article 5 of the Spokane Valley Development Code is hereby established to read as follows: Section 5.01. Purpose In order to limit flood damages and the losses the City provides for the following: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; 2 (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. Section 5.02 Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "APPEAL" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODING" means a designated AO, or AH Zone on the Flood Insurance Rate Map (FIRM) and which has the following characteristics: 1. The base flood depths range from one to three feet; 2. A clearly defined channel does not exist; 3. The path of flooding is unpredictable and indeterminate; and, 4. Velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. "BASE FLOOD" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 -year flood.' Designation on maps always includes the letters A or V. "BASEMENT" means any area of the building having its floor sub -grade (below ground level) on all sides. "BREAKAWAY WALL" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "CRITICAL FACILITY" means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. "DEVELOPMENT" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. "ELEVATED BUILDING" means for insurance purposes, a non - basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. 3 "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FLOOD" or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary- Floodway Map, and the water surface elevation of the base flood. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of this ordinance found at Section 5.06.8.1(2). "MANUFACTURED HOME" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. "NEW MANUFACTURED HOME PARK OR SUBDIVISION" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. "RECREATIONAL VEHICLE" means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self - propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the 4 pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "SUBSTANTIAL DAMAGE" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "VARIANCE" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "WATER DEPENDENT" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 5.03 5.03.1 APPLICABILITY This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Spokane Valley, Washington. 5.03.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the office of the Spokane Valley Floodplain Administrator. 5.03.3 STOP WORK ORDERS 5 Whenever any work is being done contrary to the provisions of this chapter, the Floodplain Administrator may order the work stopped by notice in writing directed to the owner of record and /or taxpayer and /or to those persons who are engaged in causing or contributing to such violation. Such persons shall forthwith stop or shall cause to be stopped any such work until authorized to proceed. 5.03.4 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions, stop work orders, and safeguards established in connection with conditions), shall constitute a misdemeanor, with each day of continuing violation constituting a separate offense. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Spokane Valley from taking such other lawful action, including seeking civil penalties, as is necessary to prevent or remedy any violation. SECTION 5.03.5 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 5.03.6 INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 5.03.7 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION 5.04. ADMINISTRATION 5.04.1 Development Permit Required A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 5.03.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS," and for all development including fill and other activities, also as set forth in the "DEFINITIONS." 5.04.2 Application for Development Permit Application for a development permit shall be made on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage 6 of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been flood - proofed; (3) Certification by a registered professional engineer or architect that the flood - proofing methods for any nonresidential structure meet the flood - proofing criteria in Section 5.06.8.2; and (4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 5.04.3 DESIGNATION OF THE LOCAL ADMINISTRATOR The Community Development Director is hereby designated as Floodplain Administrator and appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 5.04.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Floodplain Administrator shall include, but not be limited to: 5.04.4.1 Permit Review (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.06.10 are met. 5.04.4.2 Use of Other Base Flood Data (In A and V Zones) When base flood elevation data has not been provided (A and V Zones) in accordance with Section 5.03.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.06.8, SPECIFIC STANDARDS, and 5.06.10 FLOODWAYS. 5.04.4.3 Information to be Obtained and Maintained (1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 5.04.4.2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved flood - proofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in Section 5.04.4.2: (i) Obtain and record the elevation (in relation to mean sea level) to which the structure was flood - proofed and 7 (ii) Maintain the flood - proofing certifications required in Section 5.04.2(3). (3) Maintain for public inspection all records pertaining to the provisions of this ordinance. 5.04.4.4 Alteration of Watercourses (1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 5.04.4.5 Interpretation of FIRM Boundaries Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 5.05. 5.05 VARIANCE PROCEDURE 5.05.1 (1) The duly appointed Hearing Examiner shall hear and decide requests for variances from the requirements of this ordinance, following notice of not less than fifteen (15) days and public hearing. In passing upon such applications, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (1) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, 8 (xi) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges, (2) Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (3) The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (4) The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.70C RCW. 5.05.2 Conditions for Variances (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by Tots with existing structures constructed below the base flood level, providing items (i -xi) in Section 5.05.1 have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, (5) Variances shall only be issued upon: (1) A showing of good and sufficient cause; (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood - proofing than watertight or dry - flood - proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 5.05.2(1), and otherwise complies with Sections 5.06.2, 5.06.4, and 5.06.5 of the GENERAL STANDARDS. (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 9 5.05.3 APPEALS The duly appointed Hearing Examiner shall hear and decide appeals following notice of not less than fifteen (15) days and public hearing. The Hearing Examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.70C RCW. SECTION 5.06. PROVISIONS FOR FLOOD HAZARD REDUCTION 5.06,1 GENERAL STANDARDS In all areas of special flood hazards, the following standards are required: 5.06.2 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 5.06.2 AH Zone Drainage Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 5.06.4 Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Electrical, heating, ventilation, plumbing, and air - conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.06.5 Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; (2) The proposed water well shall be located on high ground that is not in the floodway (WAC 173- 160 -171); (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and, (4) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.06.6 Subdivision and other Proposed Developments 10 (1) All development proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for subdivision proposals and other proposed developments. 5.06.7 Review of Building Permits Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (Section 5.04.4.2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain Administrator's judgment and includes, but is not limited to use of historical data, high water marks, photographs of past flooding, etc., where available. The Floodplain Administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may result in higher insurance rates. 5.06.8 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) as set forth in Section 5.03.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, or Section 5.04.4.2, Use of Other Base Flood Data, the following provisions are required: 5.06.8.1 Residential Construction (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. See Section 5.06.4 for additional requirements. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the state of Washington or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 5.06.8.2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 11 (1) Be flood- proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. (4) Nonresidential structures that are elevated, not flood - proofed, must meet the same standards for space below the lowest floor. (5) Applicants flood - proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood- proofed level (e.g. a building flood - proofed to the base flood level will be rated as one foot below). 5.06.8.3 Manufactured Homes (1) All manufactured homes to be placed on substantially improved sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. See also Section 5.06.4 for additional requirements. (2) Manufactured homes to be placed on substantially improved sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: (i) The bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. 5.06.8.4 Recreational Vehicles Recreational vehicles placed on sites are required to either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (iii) Meet the requirements of 5.06.8.3 above and the elevation and anchoring 12 requirements for manufactured homes, 5.06.9 BEFORE REGULATORY FLOODWAY 1. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community: 2. In the unnumbered A and B zones, the development may not increase the water surface elevation of the base flood by more than one (1) foot at any point. 3. In the A zones where base flood elevations have been provided, but floodways have not been established, the development may not increase the surface water elevation of the base flood by more than one -tenth (1 /10 of a foot at any point. 4. In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the surface water elevation of the base flood at any point. 5. All adjacent or other property owners impacted by the development within the floodplain must give their written, notarized approval for increased base flood elevations upon their property. 5.06.10 FLOODWAYS Located within areas of special flood hazard established in Section 5.03.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. (3) If Section 5.06.10(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.06. PROVISIONS FOR FLOOD HAZARD REDUCTION. 5.06,11. Water - Dependent Works. For water - dependent utilities and other installations which by their very nature must be in the flood fringe and /or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic /industrial water supply, flood control and /or hydroelectric production; water diversion structures and facilities for water supply, irrigation, and /or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant 13 structures; structural and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: (1) The applicant shall supply convincing evidence that a flood fringe and /or floodway location is necessary in view of the objectives of the proposal and provided further that the proposal is consistent with other provisions of this title and relevant local, state and federal regulations. (2) In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood - proofing certified by a professional civil engineer registered as such by the State of Washington to be capable of withstanding 100 -year flood flows and velocities. (3) For any works that impound water, the applicant shall provide documentation of. easements, ' flowage rights or ownership of the impoundment area and certification by a professional civil engineer registered as such by the State of Washington that the works will cause no increase in the 100 -year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event. 5.06.11 STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES) Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: (1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least three feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection (3) of Section 5.06.8.2. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (3) (1) 14 (iii) Meet the requirements of 5.06.11(1) and 5.06.11(3) above and the anchoring requirements for manufactured homes (Section 5.06.2(2)). 5.06.12. Special Requirements— Chester Creek, Saltese Creek, Forker, and Central Park Floodplains. In addition to the other requirements of this chapter, the following areas shall not be covered by impervious surfaces or fill unless an engineering study is prepared by a professional civil engineer, registered as such by the state of Washington, that shows no impact to the ability of the floodplain to infiltrate, store and release floodwaters: (1) Chester Creek: downstream of Mohawk Road, (2) Saltese Creek: all areas of ponding and infiltration, (3) Forker: south of the intersection of Forker Road and Progress Road, (4) Central Park: west of Park Road. (5) Glenrose: west of Carnahan Road and south of 8 Ave 5.06.13 CRITICAL FACILITIES Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100 -year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the 500 -year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood- proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible." Section 2. Appendix "B" of the Spokane Valley Development Code is established to assess fees for the following: Floodplain Development Permit $ 50.00 + Hourly rate after 1 hour Section 3. The Floodplain Administrator shall require the posting of a performance bond to ensure compliance with the provisions of this Section: Residential structures $1,000.00 Non - residential To be determined based on project scope. Section 4. Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. Section 5. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a• summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this 15 day of , 2003. ATTEST: City Clerk, Christine Bainbridge Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of publication: Effective date: Mayor, Michael DeVleming CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 12, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed Interlocal Agreement to extend services of Spokane County Library District (SCLD) GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: On October 21, Council discussed library service options, as well as an interlocal agreement with SCLD for services in 2004. BACKGROUND: An in -depth analysis has begun, but is by no means complete. Ultimately, it will help the City and the District better understand Spokane Valley usage as part of the overall system, which in turn will help arrive at an equitable payment for services. Pending that analysis, the cost of the agreement must be based upon another methodology. The main source of revenue for most library districts is the property tax levy, which has no correlation to library usage. In comparing Spokane Valley's 2003 estimated taxable property values to the other jurisdictions in SCLD, Spokane Valley is paying a higher than average per capita rate. If the City was paying for library services at the average per capita rate, it would pay $1,832,383 — almost $200,000 less than SV property owners paid in 2003. However, cost based upon population, while more closely related than property values, is likely not the sole determining factor of usage. Therefore, the draft agreement proposes paying SCLD $2,028,000. This amount is equivalent to the property taxes estimated to have been paid by Spokane Valley property owners in 2003. SCLD has not reviewed or commented upon this cost proposal. RECOMMENDED ACTION OR MOTION: Provide feedback and direction on the draft interlocal agreement with SCLD. BUDGET/FINANCIAL IMPACTS: The City has budgeted an estimated amount in 2004 for library services. $2,028,000 falls within that amount. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS Draft Interlocal Agreement -- URAFT- 1NTERLOCAL AGREEMENT BETWEEN THE SPOKANE COUNTY LIBRARY DISTRICT AND THE CiTY OF SPOKANE VALLEY RELATING TO THE PROVISION OF LIBRARY SERVICES This Interlocal Agreement (the "Agreement ") is entered into this _ day of 2003,by and between the Spokane County Library District (the "District ") and the City of Spokane Valley, a Non Charter Code City of the State of Washington (the "City) jointly referred to as "parties ". WI- IEREAS, the City incorporated effective March 31, 2003; and WHEREAS, the District provided library services to the residents of the City prior to its incorporation; and WHEREAS, the District will continue to provide library services to the residents of the City as set forth in the Agreement; and WHEREAS, the City has the authority and desire to contract for and to allocate funds in its general fund budget for the provision of library services to be provided to the residents of the City; and WHEREAS, the District has the authority and agrees, pursuant to RCW 27.12.180, to enter into a contract with the City to continue to provide library services to residents of the City after December 31, 2003, and thereafter until the agreement is terminated by the parties. NOW THEREFORE, the parties agree as follows: a.. District Commitment to Provide Library Services to the City. For so long as this Agreement remains in effect, the District shall: a. provide the public library services to residents of the City at the same service level and upon the same terms and conditions as are now being provided to all other residents within the District ( "Library Services "); and b. complete a Library Capital Facilities Plan, in collaboration with the City, by no later than June 30, 2004 for approval by the City Council and District Board of Trustees. The Library Capital Facilities Plan is generally described on Exhibit "A." 2. Library Capital Facilities Plan Development: a. The Library Capital Facilities Plan provided for in Section 1.b, shall be developed by the District in collaboration with the City through an advisory committee. The advisory committee shall be. composed of two District staff members, a Library Trustee, one representative of City staff; one City Council Member and one citizen selected by the City. Upon completion, the Library Capital Facilities Plan shall be presented to the City Council and the Board for adoption. b. The Library Capital Facilities Plan shall -study and make recommendations concerning the adequacy of current capital facilities (i.e. buildings, equipment, books and other materials) available to serve the City of Spokane Valley residents' library service needs and the feasibility of developing additional library buildings to serve the City of Spokane Valley, including estimated cost of development, of operation and maintenance, and other related matters. c. Should the District or the City desire to retain consultants or any other professionals for a fee to assist with the development of the Library Capital Facilities Plan, such contracts may be issued by the Board upon mutual agreement of both parties. To develop the Library Capital Facilities Plan the District shall allocate approximately fifty thousand dollars ($50,000.00) to be used to retain consultants and other professionals skilled in developing library facility plans, including related costs and expenses, such as but not limited to, research, publication and other incidental costs. 3. Citv's Obligation to Pay District for Provision of Library Services. a. The City agrees to pay to the District the estimated sum of . $2.0211.000 for library services in 2004. This amount is equivalent. to the estimated amount paid by Spokane Valley property owners i n 2003 The -t ethod- used- to- determil lae -eest- of ibK y -Ser-vfees -is desc ed-in Attachment 1B- (te- be- devele -ped• - st-s" shall-be-those set fort:h en - t - he Di;;tric3.' ;- A - nnual Bucket. The City and 'District agree to develop a cost allocation model on which to base future years of the. agreement. b. The amount of money payable by the City shall be based upon actual expenditures. Annual adjustments will be made in March of each year for the preceding year. If CITY the City has a positive balance at year -end of the previous calendar year, it will receive a credit, to be applied as mutually agreed. If CITY the City has a deficit, it will receive a debit in the first semi- Page 2 of 4 annual payment. in no event shall the City's obligatief -te- the- District exceed $0.50-per S 1 ,000 of the City's asses r less -c uffent-year u neelleetftbles. r-ty -("tax is c. The City shall pay the estimated-sum of $1.014,000 to the District in two payments: the first payment shall be made by May 31 of each year; the second payment shall be made by November 30 of each year. 4. Cost Accounting. The District, for each annual budget year, shall, by August 1 of the preceding year, estimate the reasonable costs and expenses associated with providing Library Services to the residents of the City of Spokane Valley. These costs and expenses shall include the costs of maintaining and creating the Spokane Valley Resource Library, personnel serving the City of Spokane Valley residents and equipment, books and materials available for the residents and indirect service costs. Prior to the adoption of an annual budget by the District, the City shall be consulted with respect to the allocation of resources designed to serve the City of Spokane Valley. The City of Spokane Valley shall be provided a reasonable opportunity to comment on the allocation of services and cost related to the provision of service under this agreement. Such comments shall occur prior to adoption of the budget by the District Board of Trustees. The purpose of this estimate is to determine the cost of services reasonably provided to the library users and citizens of the City of Spokane Valley. The final estimate for services shall be provided to the City of Spokane Valley by October 1 of the preceding budget year. 5. Administrative Authority. The City Manager or designee shall administer and be the primary contact for the District. The Director of the District: or designee shall be the primary contact for the District. 6. Relationship of the Parties. The Parties intend that an independent contractor relationship will be created by this agreement. This agreement is not a joint venture between the District and the City. No District or City employee shall be deemed a representative, employee or agent of the other party for any purpose. 7. Termination. This Agreement may be term.i.nated by either the City or the District upon six months written notice. 8. Notice. Notice shall be given in writing as follows: TO THE CITY: Name: Chris Bainbridge, City Clerk Phone Number: (509) 921 -1000 Address: 1 1707 East Sprague Ave. Spokane Valley, WA 99206 Paee 3 of 4 TO THE DISTRICT: Name: Michael Wirt, Director Phone Number: (509) 924 -4122 Address: 4322 North Argonne Rd. Spokane, WA 99212 -1868 9. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting i:rom any act or omission on the part of said party or its agents, employees or volunteers in the performance of this Agreement. 10. Waiver. No officer, employee, agent or other individual acting on behalf of other party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall he held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time'performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 11. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. Accepted and agreed the year and date iirst above written. CITY OF SPOKANE VALLEY SPOKANE COUNTY LIBRARY [DISTRICT David Mercier, City Manager APPROVED AS TO FORM: CiTY ATTORNEY Stanley M. Schwartz Witherspoon, Kelley, Davenport & Toole, LLP G:\ Wily of Spokane Valley 1432 Agree .menis\LibraryScrvicesAgreement 9- 22- 03.doc Page 4 of 4 E. David Sani, Board of Trustees APPROVED AS TO FORM: COUNSEL TO THE DISTRICT James C. Sloane Paine, Hamblen, Coffin, l3rooke & Miller, LLP EXHIBIT "A" Library Capital Facility Plan Spokane County Library District Responsibility: 1. Assemble current City of Spokane Valley library use information; obtain City of Spokane Valley demographic, land use, traffic, and capital facility planning information from City staff. 2. Assemble current and future demographic, land use, traffic, and capital facility planning information for the portion of the Spokane Valley lying outside the City but within the District's service area. 3. Develop at least two preliminary library service models based on City demographics, geography, land use, and traffic patterns, taking into account library service needs of the remainder of the Valley outside the City limits. include general site requirements, general construction /FF &E costs, and estimated operational costs. 4. Present the library service models in the venue(s) determined to be most appropriate to obtain feedback on the preferred model. 5. Further develop the preferred model including but not limited to estimates of public and support space needs, materials shelving, seating, meeting and study room, technology, and parking requirements for all proposed facilities. Obtain an updated construction cost estimate, and estimate of related costs. Determine capital funding options and projected taxpayer and debt service costs. 8. Prepare a written library capital facilities plan proposal for presentation to the City Council and District Board of Tntstees. City of Spokane Valley responsibilities: 1. Designate City staff and/or officials to serve in an advisory capacity to the District. 2. Provide Spokane County Library District staff with current and projected demographic, land use and traffic information, as well as information on other city capital facilities planning. 3. Determine the desired venue(s) for presentation of preliminary library service planning models for feedback on the preferred model. 4. Work with the District to use the feedback obtained in determining the model to more fully develop. 5. Provide the District with other information that might be useful in the capital facilities planning process. Ce CVCip a( *Lax \9Ik, 147111Asrorae uiLita s Sen l Agrees nI ¢12-40 Exhibit nod« Spokane �Ualley Memorandum To: Dave Mercier, City Manager, and City Council From: Cary P. Driskell, Deputy City Attorney CC: Date: October 30, 2003 Re: Public Records issues 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 Fax: 509.921.1008 • cityhall@spokanevalley.org 1 will be providing a PowerPoint presentation to the Council on some public record disclosure and record retention basics. The purpose is to educate the Council on what a "public record" is, and how they can efficiently manage e -mail documents so they are more readily available by search. The presentation should not take more than 10 minutes. A Brief Primer on Public Records "Public record includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." RCW 42.17.020(36). "'Writing' means handwriting, typewriting, printing, photostatting, photographing, and every other means of recording any form of communi- cation or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated." RCW 42.17.020(42). The definition of "public record" is to be liberally construed to promote full access to public records. Oliver v. Harborview Med. Ctr.. 94 Wn.2d at 566. Generally speaking, every kind of "public record" will be kept in hard copy format, and would be filed in the appropriate file folder for that topic. et o Large volume of information in terms of amount and frequency. The exception is e -mail. E -mail has replaced in large part, discussions that used to occur in person or on the phone. The touch stone for determining if something is a public record is as follows: "Does the document pertain to any governance issue." Types of messages sent by e -mail that typically are public records: o Policies and directives. o Correspondence or memoranda related to official business. Work schedules and assignments. o Agendas and minutes of meetings. Drafts of documents that are circulated for comment or approval. • A document that initiates, authorizes or completes a business transaction. o Final reports or recommendations. Types of messages sent by e -mail that typically have no retention value, and may be destroyed when no longer needed: ri Personal messages and announcements not related to official business. Information -only copies of documents sent for convenience or reference. Li Published reference materials. Copies of inter- or intra- agency memos or bulletins of general information. D Announcements of social events, such as retirement parties, holiday, or lunch. Additional suggestions: If the message is sent or received by multiple people, only one copy must be retained (by the person originating the message), along with any response from a recipient. o When you are sending a message, please use title in the "subject" line that clearly identifies the topic. This will help significantly if we need to search for the message later. 0 Set up a series of folders in your "in box" in Outlook for the various things you will receive. Include a "general public record" folder to act as a miscellaneous folder when you cannot find a matching folder to put an e-mail in. © Please keep in mind that anything you send or receive via e -mail is likely subject to disclosure. Even though a writing may be a public record, there may be legal reasons why it cannot be disclosed. Some broad subject areas include: 0 The record violates a person's right to privacy. o The record falls within one of the statutory exemptions in RCW 42.17.310. The record would not be subject to disclosure under litigation discover rules if there is anticipated or on -going litigation. Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall 11707 E. Sprague Ave. October 23, 2003 1. CALL TO ORDER Bill Gothmann, Planning Commission Chair, called the meeting to order at 6:32 p.m. 11. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac — Present Bob Blum — Present David Crosby — Present Gail Kog1.e — Present 13i11 Gothmann — Present Ian Robertson — Present John G. Carroll — Excused Absence IV. APPROVAL OF AGENDA Community Development Director Marina Sukup requested that the New Business be moved ahead of Old Business on the agenda. Commissioner Blum moved that the agenda be approved as amended. Commissioner Beaulac seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Gothrnann recommended that the requested hours of business for Adult Retail Usage establishments in the testimonies of both Ms. Lancaster and Ms. Arrotta on Page 3 be changed to read " .8:00 a. M. - 2:00 a. nr. ". It was moved by Commissioner Robertson and seconded by Commissioner Blum that the minutes of the October 9, 2003 Planning Conurrission meeting be approved as amended. Motion passed unanimously. VI. PUBLIC COMMENT . There was no public comment. \9I. COMMISSION REPORTS Commissioner K.ogle attended the Transit - Oriented Development committee meeting on October 22" The main point of discussion was the utilization of the University City site as a transit center. She encouraged Planning Commission members to attend the next meeting on November 12` at Decades. Commissioner Gothmann commented on the valuable information he gained by attending the APA Conference last. week. DRAFT DRAFT VIII. ADMINISTRATIVE REPORT Director Sukup reported that the Planning Commissioners who were elected to serve a one -year term will begin their "official" term on January 1, 2004 and end it on December 31, 2004. Commissioners were reminded that they will be meeting on the first three Thursdays in the month of November. Thursday, November 6 will be the Joint meeting with the City Council, from 6:00 — 9:00 p.m. in Council Chambers. November 13'' and 20 will be regular Planning Commission meetings. IX. COMMISSION BUSINESS A. NEW BUSINESS: WSU Design Studio Presentation on University City Bob Scarfo, Registered Landscape Architect and Professor at the Washington State University /Spokane Interdisciplinary Institute of Design, was introduced to the Commission and audience. Professor Scarfo read about the potential renovation of the University City area in the Spokesman - Review, called the City's Long Range Planning staff, and worked with three teams of design students to prepare tonight's presentations. The three teams consisted of students studying Landscape Architecture, Interior Design and Architecture. Each team was charged with developing a multi- generational living plan where Valley citizens could live, work, play and learn. Professor Scarfo asked his students to look 20 -30 years into the future, keeping in mind that by the year 2030, 25% of the population will be 65 years or older and 49% will be 49 years or older. The Baby Boom Generation will be the healthiest, longest- lived, wealthiest, and best educated generation in America's history. They will want to remain involved in their communities while continuing to personally evolve. TEAM 41: Theme — "A Heart for the Community" This team developed their City Center utilizing University City as the core with City Center in the middle, City Hall to the West and the Library to the East. Four keywords used in the design were Vitality, Community, Heart and Proximity. The designers worked with three proximities from the center to the periphery: * 5 minutes away: home, food, and jobs * 10 minutes away: health /wellness, entertainment, transportation * 15 minutes away: parks and parking The area was designed to be pedestrian- dominated with landscaped walking paths and views of gardens and fountains interwoven between the 2 DRAFT DRAFT buildings. Community courtyards would be available, and a tall tree would be planted near City Center for decoration during the Christmas holidays. The tallest building was designed to be ten stories high, utilizing the first floor for retail, the next two floors for commercial, the next two floors for hotel space, the next three floors for apartments, and the top two floors for condos and rooftop gardens. The buildings would all have multi- purpose lobbies to be used by residents as used book exchanges, game rooms and music rooms. At the periphery of the City Center, designers placed grassy parking lots and a suspended monorail for mass transit. Large garden walkway bridges or the monorail would allow safe pedestrian access from the parking lots to the City Center. Two rapid transit lines, one local and one regional, would run to and from the hub of the University City District. City Councilmember, Mike Flanigan, asked Team 1 if they had any cost figures on the suspended monorail. The team responded that a suspended monorail costs approximately S10 million dollars per mile. TEAM #2 — "Theme: "Right Around the Corner" This team's design was called "University Village ". Spatial planning was utilized so that the village was dense in the center, growing sparse toward the periphery. Large parks were located East and West of the village, housing units were located North and South. Two -story retail spaces would front Sprague and Appleway. Buildings in the City Center were designed at a diagonal for better solar utilization, and would be between four and seven stories high. Parking would be underground, the first two floors would be used for retail, the next two floors would be commercial space, and the top floors would be residential. Landscaping was designed to buffer noise and air pollution as well as to provide open air public market and meeting spaces. A large fountain West of the City Center would turn into an ice rink in the wintertime. Covered walkways and enclosed exteriors were included in the plan to protect pedestrians from the elements. An amphitheater was situated East of the City Center for cultural events. The proposed Light Rail would provide mass transit, along with Spokane Transit buses. City Center would be the hub of mass transit activities. City Planning Technician, Heather Kauer, made the observation that schools have not been included in either of the plans. Quality schools need to be brought to urban areas. Professor Scarfo agreed that 3 :DRAFT DRAFT educational institutions are important to future designs, but the group hasn't decided what levels of education should be addressed yet. TEAM 43: Theme — "The Urban River, Bridging Communities to a Strong Urban Center" This design focused on creating a monumental site, visible from 1 -90, for the Valley's City Center. The Urban Business Campus (UBC) would consist of buildings seven stories high and made from brick, glass and concrete. The three tallest buildings would be for multi- generational living with lobbies and gathering places for residents. There would be a hotel, and a school for children during the day and adults at night. City Hall would be in the center of the UBC. Also included in the design was a climbing wall, restaurants, a Visitor's Center, art galleries, a theater, .a supermarket and a department store. Transparent corridors made of glass would be constructed to connect buildings. The UBC would be strictly pedestrian. Parking, Light Rail and bus transit would all be underground. Steam heat would run between the parking garage and ground level to heat the UBC and to keep snow off the ground. The team incorporated a man -made river with several ponds in their design. Water would be powered through a recirculation system and heated by steam so it wouldn't freeze. The water would create nice family picnic areas. A "Water Folly" system, in which water shoots out of holes, would provide a focus for year -round activity. Spokane Transit buses and the Light Rail would be the modes of transportation for the UBC.. Pedestrian Bridges over busy streets would be constructed. Commissioner Kogle asked the students about access for people who are mobility impaired. The team had not thought this through, but proposed golf carts and apartments on the lower floors of residential buildings for this purpose. The WSU Design students will take one of the aspects of their team's plan and design it in Beater detail within the next three weeks. They plan to make CDs of their work, and will be able to provide us with them in about a month. Professor Scarfo encouraged the City of Spokane Valley leaders to work with students from the local colleges and universities at every opportunity. He also mentioned that the Robert Wood Foundation and CDC are providing funding for the design and construction of new, healthier neighborhoods and this might be something the City could look into. 4 DRAFT R PT Tlie. Planning Commission thanked Professor Scarfo and his students for their excel lent preSen tan ores. Chairman Goth. nann called a short break at 8 :10 p.ni. The meeting reconvened at 8:20 p.m. Commissioner Crosby suggested that the Planning Commission send Professor Scarfo and his students a Certificate of Appreciation for their great presentation. 13. N.EW BUSTNE S: Discussion of City Center Commissioner Gotluiiann mentioned that he secs a number of forces moving City toward building a City Center at the University City site. The multi-generational designs appealed to a number of Commissioners, and the student presentations brought home the value of a City Center, Continued Discussion of Proposed -I. Zone Director Suk.up reported that she had made some corrections and changes to the first draft, but still need to work on it more. She handed out her second draft. X. FOR THE GOOD OF THE ORDER Commissioner Crosby asked about the hand -out from the Spokane County Hearing Examiner- Director Sukup explained that an annual report is required in the Hearing Examiner's contract. It was given to the Commission for information only. XL ADJOURNMENT There being no further business, the meeting was adjourned at 8.33 p.m- SUBMITTED: APPROVED: ED: Debi Alley, Administrative A Bill Gothvnann, Chairman 5 S6i ane �Ua11ey Memorandum 1 1707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevatley.org To: David Mercier, City Manager and Members of the Council From: Cal Walker, Police Chief CC: Date: November 7, 2003 Re: October 14 Citizen Comment to Council — Scott Lanes of Hotteez Regarding the complaint during council meeting of October 14, 2003, I have read the statement provided regarding the citizen comments made by Scott Lanes, and his negative view of police department presence in the vicinity of his business location. Mr. Lanes and 1 have had previous conversation about a number of issues that have occurred at his establishment, including among others a recent shooting incident that occurred in the front parking area of the business. 1 have explained to him that in all facets of our enforcement activity, we rely on allocating our resources to where calls for service and reoccurring incidents bring us back to the same areas for similar types of calls. This is a basic incident. - driven response to problems occurring in any given area. We do this in many types of specified enforcement areas. We channel traffic enforcement to areas of high incidents of accidents, or reckless driving. When we have a rash of any type of problem activity, we rely on our patrol division officers to prowl -check those areas and decrease those problem activities. With the high number of calls ranging from suspicious person calls to fight calls and disorderly conduct calls that had been occurring around the area of Hotteez, we indeed increased our presence in those surrounding areas. We also work hand -in -hand with the. Washington State Liquor Control Board, not to eliminate businesses of this nature, but to help them effectively manage those businesses and to maintain a safe public environment for these activities. I will take one of the statements provided by i\1r. Lanes and will expound upon it. Mr. Lanes stated: "Nightclubs were built, bars were built back in the early days, when the country was first founded to..control drinking, to have an environment where there is some control." Again, we base our enforcement activity on statistical data and indicators that exhibit a probability that those controls are not being adhered to. In reviewing the Washington State Liquor Control Board statistical data, it was found that Hotteez ranks #8 in the state as to establishments that had been serving those later stopped and arrested for driving under the influence. As a matter of reference, #9 is Safeco Field, which serves a clientele base of nearly 40,000 people. I also know that the Liquor Control Officers supply this same data to these establislunents so that they are aware of the effect of current management practices within those establishments and that these practices may be creating problems, including possible over - service to the public, who may then leave those establishments and choose to drive away. This type of statistical data and calls for service within a specific area are what drive our attention. We as an agency are not out to "close every bar" as Mr. Lanes also states. We have many establishments that cater to the consumption of alcohol that effectively manage and control the activities within their businesses. They are valuable community establishments that provide a safe environment for the activities they provide for the citizens of our community. As to the number of officers in our community, 1 for one have frequent contact with many members of our city. One of the great praises that 1 hear from the 'community is that they do notice officers out there. Many times I talk with our citizens and hear that they have noticed an increased presence of officers out on the street, in their neighborhoods, and around their businesses. We are also able to be more pro- active and are having a positive effect on criminal activity within our community. We have very fine officers out on the street protecting the constitutional rights of all of our citizens. I am very proud of the work that they do, including the proper enforcement of laws relating to drinking and driving. Chief Cal Walker Transcript of part of tape (public comments) from October 14, 2003 council meeting: "H.i. My name is Scott Lanes and I'ni the owner of Hotteez Nightclub at N. 20 Raymond Road. The reason I'm here tonight is niy customer base, along with various other customers in the Spokane Valley, the new City of Spokane Valley, the word is out: Don't come to the Valley, don't drive on Sprague or Appleway. My father was so upset today he went to the bank for me, he came back, he couldn't understand why the police had so many women pulled over by the bank. Applcway is one giant spcedtrap. My parking lot is the safest neighborhood in the Spokane Valley. Last. night we had six patrol cars cruising our parking lot. We had three customers. Saturday night they cruised our parking lot 14 times; as our security people keep an eye on this. Now we've had some difficulties down there, I'm been threatened by police officers because of some of the entertainment we had which we ended. Thanks to the shooting they had. Being famous is not one of the things 1 want to do. We've retained the building, we're going to change the name, we're going back to an 80's thing. But we are no longer — i have four of my employees here. 1 have two others at the club and that's it. We used to have 25 employees. We used to have three bartenders, bar backs, cooks, cocktails waitresses, and now we have none of them. Because the police department in the Valley seems to think that poaching is proper. I can tell you Saturday night there was a police officer — two — sitting across the parking lot with their lights on waiting to pick people up. My attorney is now on channel 28 news tonight. He was pulled over. I've been pulled over. I haven't had a drink in 30 years and I was pulled over for weaving. Nice call guys. The first question out of this cop's mouth was "How much have you had to drink tonight sir ?" The first question they ask you is would you like to incriminate yourself? Now I have people, customers of mine that have been written up for DWI that have blown less than an 08. Would you like one of your sons or daughters to go out and have a good time — we're all going to be adults. Kids are going to go out and drink someplace. Statistics show and prove that more alcohol related deaths, accidents and incidents occur from people who have been drinking in non - licensed establishments. That is a proven fact. You want to have house parties, we should close every bar — which is what the sheriff wants to do. We should close all these bars so they can party in your neighborhood instead of in a controlled environment. Nightclubs were built, bars were built back in the early, when the country was first founded to control drinking, to have an environment where there is some controls. Ever had a house party at your neighborhood? Want to have a kcgger down there? It's not going to lower the consumption of alcohol, it's just going to change the control factor. The other thing is — taxes. When I buy a bottle of booze 1 pay sales tax on it, and I buy it pretty cheap. When I re -sell it 1 sell it for more. 1 get to pay the same tax all over again. You get a double dip from bars. You get twice as much tax money from a bottle of whiskey 1 sell then a bottle of whiskey sold in a liquor store. Same way with a bottle of beer, same with food or anything else. And gentlemen, I'm going to tell you, the enforcement of law through the use of tyranny is soon overturned by the population. These police officers — you have too many out here. If they were patrolling the drug houses and the crack that is around here. if you parked a cop car in front of a crack house, it's going to go away. You got 14 patrol cars out here at night and i'll tell you what, 1 haven't seen one on my street. Have you seen one on yours?"