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2005, 01-04 Study Session W. ~ ACEnUA c'1Tl" OF SPOk.a:"VEV:1LLE:1' CITY COt?NC'LL WUl2KS1ILLT ST'UUti' SESStOn TuesdAy. Jannnry 4.2001.5 b:UO p.m. CIn' HALL AT I2EDWUOD FLk7_A 11707 Eaxl Spragur Aveauc. Flrsi Flour (Plrsitic Turn URAU Flectn►nic Devices Uuring tbr'►irrtingj UISCUSS1()N LEADEIt SUSJLCTIAC-M7Tl' C:()AL 1 Rfc3i Rxdcn ~ ~stinutr~;~ tipxokaitc t'unscn,ili,}n T)i;trict f'rrunt:ifi"n fitucc Rawls und Kcvtn Spol:anr C'ount} Six-1'car tico-cr E'lan Pn:xnwtiLm ~ Lujkc (15 tninutcs) DepaRment I)irMOiN At:.ortipfi,hmcnts KePO't f'rc;intmioin ( +0 m111U(;':.'I a. Nir,n f;rgc}r ( 15 rn1miir5) Nc%% Empla~~re f'nsitii~n Ijcs_n[+tian ti~r I)i,cu~::it>r~ C'cntcrT'Iace CcK1rclinittor Ksn -Mumpson ( l5 niic~ute:~i Annua! f'inancial Rrpnn T]i4:ntis1011 t,. l ar.. (Jn_,~ril (20 miitiutvsi Init~ativc (:clcrrt~~l~irn r);~.ru~~i~~ti 7. (',an- Driskcll (Ipminutes) Infraction.s for Violatinn t,l f'ari;s kule; C)i~;cus_ion 8. ti1ikc Ji+4kson niinutc~► Ccotcnuu:il Trail I~pdatt f~i•,.:u;si.~n 4 11»wr, 1~ ifliitc t` +111mile•) Ad% :incc :\,!end:, Adriirinn-. i~i~•~u:.~;i~,n lU. CJavc N9crr.icr(5 minutc.1 Couucif C:hec}:•in f>i•.~u4;i,,n 4 I. Ila%r hicrciet i` ntinute>i !'it.. Manneer C'omments M1'n(r: t'nle." otherwlte ootcd abuvr, Ihere Nill be no public ruatments at Cnuacil Study Sesaiour. Hownrr, Cevncil ilwsys rcmcrvn Tbc ritiht tu nquat in[urmatlan Crum thr pub!!c aad stAff as nppropriae. NGTiCF [ndi.•iduals plonnina w;utend itie rcaesuig Nho requlrr ipWal iuuiltano¢ tu nccommodr+e ph)-tkd, hwmg <or otl= icnpotAiants p}e= cmtsn th: C.t% CICri: at ( Snq) O' l- IortQ H.a s,ti[m st p053ible 50 Wit xfTwggCmeallL ma~ bc mqdt i ~ . December 15, 2004 Dear Agency Partner: Enclosed is a draft of the Spokane County Conservation District's Long Range Resource Plan. Please take a moment to review the resource issues and the priority actions that our staff and Board members have identified. ~ We would appreciate receiving any input you may have to offer regarding the plan by ~J January 30, 2005. Please accept this as an invitation to attend our regular Board and public meeting on Tuesday, February 15, 2005 to discuss the plan. The Long Range Plan and questionnaire is available on our website at www.sccd.orq. Looking forward to seeing you here. Sincerely, Gerald A. Schzele Rich E. Baden Chair Executive Director enclosure , i Check out our website ~ SCCD www.sccd.org Or E-mail us at info@sccd.org spokanc C:ounty G>nscn:idon nistrlct Bringing People and Resnurces Togather Long-Range Plan (2005-2010) Each of us depends on our natural resources for food, clothing, shelter and recreation. The increasing demands on these resources have created great concern for their use and care for future generations. This program is sponsored by the Spokane County Conservation District and reflects a coordinated effort of groups, agencies, and interested individuals within the District's boundaries. The long-range plan consists of an inventory of the available resources, an assessment of the resource problems, and the establishment of reasonable priorities and actions for the years ahead. Your input in this process is critical. Please review the draft 5-Year Plan, then take a few minutes to answer the following questionnaire and return it to our office. You can also provide feedback through our website at www.sccd.orq. Thank you! Questionnaire 1. What do you think are the three most critical resource issues in Spokane County? (Circle three or write in your own.) Water Quality Forestry Water Quantity Urban Sprawl Land Use Riparian Areas Animal or livestock Other 2. The three critical geographic areas identified in Spokane County are the Hangman (Latah) Creek watershed, Little Spokane watershed, and the Spokane River aqu'rfer sensitive areas. Prioritize them with one being the most critical. I~ 1. 2. 3. 3. What other areas of concern or issues would you like addressed in this long-range plan? _ Spokane County Conservation District Attn: Long Range Plan Committee 210 N Havana St. Spokane, V1fA 99202 5-Year Plan (2005 - zoio) Spokane County Conservation District For More Information Contact: Rich Baden, 509-535-7274 x.14 Organization of the Spokane County Conservation District We are a political su6division of the State of Washrngton - our authorrties, powers and structure are contained in RCW 89.08. Function of the Spokane County Conservation District To make available technical, financial and oducational resources, whatever their source, and focus or coordinate them so that ihey meet fhe needs of the local land managQr with conseivation of soil, water and related natural resources. We Serve & Why Each of us depends on our natural rESOUrces for food, clofhing, sheffer, and recreation. The increasing demands on our resources have created great concern for the use and care for future generafions. This long-range plan consists of an inventory of the available resources, an assessment of the resource problems, and the establishment of reasonab/e priorities and actions for the years ahead. Mission of the Spokane County Conservation District To promote the sustainable use of natural resources in Spokane County. Vision of the Spokane County Conservation District To help protecf, conserve, and enhance nafural resources. Natural Resource Priorities and Goals: ■ Lands and resource rssues wifhrn Spokane County will be recognized without bocrndaries, resulting in a , seam/ess integrafion of conservation services. Critical Geographic Areas: (attached map) • Harrgman (Latah) Creek Watershed • Little Spokane River Watershed Information - Education Priorities and Goals: • Increase the general population's knowledge of District functrons and services through a new websife which will be a°hub" for Drstrict information, programs, and activities. • lnform and educate the general public about sustainabiliiy so thaf they can make informeci choices and decrsions regarding the natural resources of Spokane County. District Operations Priorities and Goals: ■ Operate the business in an effective and effrcient manner includrng accou17fing, grant vouchering, personnel management, Supervisor elecfrons & appointments, training & developmEnt, an»ual planning and reporting. Trends Impacting Conservation in the Spokane County Conservation District • As federal, stafe and local agencies are havirrg to cut costs fhrough program and employee reductions, the Drstrict rs bearrng the burden of having fo provide more servlces, in many cases wrthout additional resources. Local Jurisdictions are turning to the Drstricf to provide services to constituencies that have not been served in fhe past. Pressure on District personnel and resources will most likely continue to increase, as the economy confrnuES fo slump. The call for additional services rs not unwarranted and perhaps even not unwantEd, but it can make planning for future resource needs difficerlt. • Continued rapid growfh in the County has placed additional sfrain on our abilrty fo adQquafely protect our necessary arrd often fragile natural resources. Our sole-source aqurfer is at risk through additiona! cievelopment without adeguate sev✓age tieatment capacity. Land use changes from rural to ~ rural/suburban resrdenfial are impacting water quality and qusntrty throughout fhe Counfy. Stream sedimentation from growth areas is increasing as the urban/rural interface confinues to expand ouhward. Wildfire in fhat interface is an increasing threat to property and lives, something this region has already tragica!!y experienced. • Smal1 rural cornmunitres and farms in the County confinue to be under economic pressure from depressed commodity pnces, uncertain foreign markefs and rncreasing operational expenses and regulations. Skyrocketing petroleum prices are impactrng every segment of our society but the farms and small communrties are feeling the pinch more deeply than most. Fertrlizer and fuel costs have narrowed already slim profit margins. Conservation efforfs are impacted as well with fewer dollars availabJe for cost share projects. St:rategies to Address Trends ■ The District has more opportunities fo form working partnerships with agencies, local jurisdictions and private industry to address fhe resource conservation needs of the County. Through innovative programs and funding options, we wiN be able to provide services to an ever-Expanding constituQncy without any degradation of qualify. More efficient use of our website and expanding our search for fundrng should adequafely address the rncreased demands. • The Disfrict is addressing water resource issues on a watershed basrs, eliminating the traditional political boundaries and concentrating on solving the problems. Through working agreements with other districts in Washington and Idaho, we vvil! 6e able to address the resource needs of fhe entire watershed, thereby protecting the water quality through the complete course of the rrver or stream. ~ Through public information and education and the appNcatlon of best managEment pracfices on all categories of land use, ground and surface water profection will become standard operating procedure fhroughouf the County. With the cooperafion of ofher agencies, Fire Safe Spokane is becoming an important outrEach activity for the District. Protectrng homes and lives from wildfire is a priority. Public outreach and education will have an impacf on rural development with defensible space around homes becoming a common sight. ~ Petroleum prices are going fo go up, probably until the day we run out of it. But with the ability to offsef some of our petroleum needs through the use of alternative fuels, a petroleum shortage may nof be as devastating as first expected. District promotion of on-farm producfion of altarnative fuel feedstocks will provide a much- needed opfion for our area farmers. Biodiesel feedstocks such as mustard and canvla can be reaclily groivn in fhe region with no changes in current farming operations. The economrc benefrts to the rural communifies and the farmers will be far-reaching and permanent. A true win/win scenario, the establishment of an oil seed industry wilf facilitate the estabJishmenf Qf a broclrESel indusfry with a potential market demand of over 700 million gallons of on-road fuel annually. !t rs doubtful we could ever meei the entrre market demand, but it is assured fhat the markets for whatever fuel is prodciced vvill be constant. The farmers will benefrt through cooperative ownership of a regional crushing facility and the multitude of value added products being produced, not just the oil for biodiesel. Being able to grow the feedstocks, take advanfage of a variety of markets for the meal and the or/, produce fuel from the oil and use the fuel rn thcir equrprnenf makes good econornic and conservatfon sense. Staffing Needs ~ • Current statfing is inadequate to handle the workload of this plan. At least one additional staff per'son (1 F7E) will be needed to handle the increased workload from annexing the City of Spokane in 2005 and possibly two FTE's by 2006. • As the sorl survey nears completron, if will become rmportant to educafe the public about using the newly formatted survey. !f is estimated that 2 FTE's will be refained beyond 2007 far this purpose. • The staffing needs for the Water Resource Department is dependent upon the number of grants awarded during a year. Current staffing is at 6 FTE's, projected at 9 FTE's by 2010. • Jncreased natural resource awareness will put an increased demand on our publrc outreach department. Current staffing of 1 FTE will be increasEd to 3 FTE by 2010. • Operations staffing Will need to increase as the Distrrct grows in order to support the various departments. !t is estimated fhat 6 FTE's will be needed ln Dfstrict OperaUons by 2090. Key Decision Makers Spokane County Conservation Distrrct is run by a five-member Board of Supervisors (Direcfors), of which three are clected through the District elections process. The WA State Conservatron Commission appoinfs the other two. ■ The Board, led by the Chair, is responsible for setting policy, making major financial decisions, and ensuring legal compliance. The Board recognizes the volume of work fo be done and has hired an Executive Director to oversee the operation of the organization, including hiring appropriate staff to carry ocrt the goals and objecfives as set forth by the Board. Priority Actions • The following is a summary of priorrty actions to be carried ouf as part of the SCCD Long Range Plan. ■ Provide a seam/ess system of delivery of conservation services throughout Spokane County. Complete the revision of the Soil Survey for Spokane County. Appropriate forest management practices wi!l be applied to at./east 90 percent of the NlPF landowners, ' ■ Soil erosion will be reduced in the District by up/and treafinent with conservation tillage and raising the percentage of continuous direct seeding by land. • Oilseed crops will be produced under direct seeding system to supply a crushing plani and biodiesel productron facility to provide biodiese/ blends for mandaled fleet usage. ~ Assist in residue management and help deve/op markefs for total utilization of excess straw ~ resources in Spokane County. ~ ~ Be the lead information source for watersheds in Spokane County. ' ■ All Counf streamside land occu iers wi11 rece~'ve ' i y p ~nformatron regarding rrparian condition and function. j - Riparian management plans will be deve/oped for at /east one-ihird of all stream-sides in ~ Spokane County. I I Washington Conservation Districts assisting land managers with their conservation choices. - . ~ CITY OF SPOKANE VALLEY . Request for Council Action Meeting Date: January 4, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing X information ❑ admin. repart ❑ pending legislation AGENDA ITEM TITLE: County Six-Year Sewer Plan GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The County will present their draft Six-Year Sewer Construction Capital Improvement Program. ~ OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENT: Draft Six-Year Sewer Plan / DRAFT ~ i ^Flrl~ Spom~f Cou~,Ty SIX-YEAR ' SEWER CUNSTRUCTION CAPITAL IMPROVEMENT PROGRAAI 2005 Through 2010 January 2005 ~ ~ 11 SPOKANE COUNTY SIX-YFJM CUNSTRUCTION CAPITAL IMPRQVEMENT ,-.PROG ~J 2005 Through 2010 Prepared By Department of Public Works Division of Utilities January 2005 SIX-YEAR SEWER CONSTRUCTION CAPITAL IMPROVEMENT PROGRAM 2005 Through 2010 Table of Contents Contents paqe Introduction ~ 2005 Sewer Construction Program 3 2006 Sewer Construction Program 4 2007 Sewer Construction Program 5 2008 Sewer Construction Program g 2009 Sewer Construction Program 7 2010 Sewer Construction Program g - Map - Spokane Valley Sewers g Map - North Spokane Sewers 10 6-Year Sewer Construction Cost & Financing Summary 11 Costs for Spokane Riverside Park Water Reclamation Facility (RPWRF) Upgrades 12 Costs for New County Wastewater Treatment Facilities 12 Introduction The purpose of the Six-Year Sewer. Construction Capital Improvement Program (the "CIP") is to delineate the County's sewer improvement priorities and associated financing and expenditures for 2005 through 2010; and, provide authorization to proceed with the engineering, right-of-way acquisition and preparation of plans/specifications for construction of the capital improvements. Sewer Construction Proqram The purpose of the County's Sewer Construction Program is to expedite the construction of sanitary'sewers and dramatically reduce the number of on-srte sewage treatment facilities over the Spokane-Rathdrum Aquifer, and, to satisfy regulations established by the State Department of Health, State Department of Ecology, Spokane County Health District and other regulatory agencies. This CIP details the County's planned sewer construction projects for 2005 through 2010. The CIP was developed in accordance with the accelerated schedule for completion of the Septic Tank Elimination Program as detailed in the 2001 Comprehensive Wastewater Management Plan, adopted by the Board by Resolution No. 2-0563. The CIP includes Sewer Projects within the limits of the City of Spokane Valley. These Projects have been included in accordance with the prioritization process detailed in the CWMP. The County plans to follow the schedule presented herein for those Projects; and, will continue to coordinate with the City of Spokane Valley regarding the costs, funding and schedule for these capital improvements. Wastewater Treatment Projects The projects planned by Spokane County in the area of Wastewater Treatment fall into two major categories. The first category is comprised of projects that are being undertaken jointly with the City of Spokane in order to maintain the capacity of the Spokane Riverside Park Water Reclamation Facility (RPWRF). The second category is comprised of projects that are anticipated to be undertaken by Spokane County to increase wastewater treatment capacity. Sfx-Year Sewer ConstrUCtion Gapital fmprovement Program - January 2005 Page 1 Spokane Riverside Park Water Reclamation Facilitv (RPWRF) Upgrades Spokane County currently has 10 MGD (million gallons-per-day) of treatment capacity at the RPWRF. Significant upgrades are ongoing at the RPWRF in order to meet more stringent discharge requirements imposed by regulation. Spokane County participates in the cost of these projects on a"prorated share" basis. The Table, on page 12, entitled "Projection of Costs for RPWRF Upgrades" presents Spokane County's estimated share of these project costs for the years 2005 through 2010. It is anticipated that the County will pay for these improvements using Wastewater Treatment Plant Fund and General Facilities Fund revenues. Additional Wastewater Treatment Capacitv Based upon current flow projections, areas senred by Spokane County's Sewer Utility will need additional wastewater treatment capacity by 2012, when total flows reach the existing 10 MGD of capacity at the RPWRF. A variety of alternatives were examined in conjunction with the preparation of the Spokane County Wastewater Facilities Plan. An estimate of the cost of additional treatment capacity has been prepared for financial planning purposes based upon effluent filtration technology with subsequent effluent discharge to the Spokane River. At this time, it has not been determined whether the new treatment facilities will be constructed, owned and operated by Spokane County, the City of Spokane Valley, or by a special purpose governmental body. Spokane County recognizes that the resolution of these uncertainties may result in the transfer of these improvements to the CIP of another jurisdiction in the future. However, the County has elected for the present to include the estimated costs associated with the new treatment facility (as characterized in the County's approved Wastewater Facilities Plan) in the County's Sewer Construction CIP. The Table, on page 12, entitled "Projection of Costs for New Wastewater Treatment Facilities" presents the estimated expenditures associated with the design, siting, and construction of new treatment facilities for the years 2005 through 2010. It is anticipated that the result of these expenditures will be a new treatment facility, providing an additional 8 MGD of wastewater treatment capacity, on-line in 2012. It is expected that bonds will be sold to pay these costs, with the debt service for those bonds provided from the Wastewater Treatment Plant Fund and General Facilities Fund. This CIP has been adopted by the Board of County Commissioners of Spokane County by Resolution No. 5- on the day of 2005. ~ Six-Year Sewer Constnrction Caprta! Improvement Program - January 2005 Page 2 \8\ _ / ~ ~ • SPOKANE COUNTY 2005 SEWER CONSTRUCTION PROGRAM (Cost Estimate 8 Funding in Thousands of Dollars) Project Cost Estimate Project Design Const •'••Total Program Funding SourcQs "No. Mgmt Eng Mgmt Const ProjQCt Project ERUs Cost Cost Cost Cost Cost Orchard Avenue 340 $116 $232 $232 $2,316 $2,695 State Grant $3,750 Inland 26 $26 $53 $53 $526 $660 General Facilities Furtd $287 Johnston 127 $33 $66 S66 SSSO $825 Capifal Facitities Rate Prepayrnents $781 A4k;aPaAclShern+oodFaest 257 $70 $140 $140 $1,396 $1,745 Bonds S3,124 Parlcs Rosd 165 $56 $116 $116 51,156 $1,445 Subsidy Funding from Reserves $2,633 Edgerton 277 $100 $200 $204 $2,002 $2,503 Misc Projeds N!A $20 $40 $40 b44U $500 Total 1,192 $423 $846 $846 $8,460 $10,576 Total $10,575 Nofes ' The Sewer Conslructrort Program Year is the calendar year in vihtch construCPion is pfanned to 6egin. " Number oJ ERUs equsls exisfing ERUs. Growth ERUs aro rrot inGaded. MFsceflaneous Prajects inclado minur se+ver construction in conjunction wilh Road Frojects, marntenance projects and emergency reparrs. Tota! Project Costs ara based or► 2004 construclion cosls (.8137J4oot for collector, ,875ffaot for pressure 6 5165ffoot for intemeplor) arn1 are thttn inflatod a12. 595 per year after 2004. Six-Yesr Sewer Construction Capitaf Imprvvemsnt Frogram - January 2005 Page 3 SPOKANE COUNTY 2006 SEWER CONSTRUCTION PROGRAM * (Cost Estimate & Funding in Thousands of Dollars) Project Cost Estimate Project Qesign Const •"'Total Program Funding SourCes "No. Mgmt Eng Mgmt Const Project Project ERUs Cost Cost Cast Cost Cost Veradale Heights 503 $171 $341 $341 $3,412 $4,264 State Grant $3,750 Vera Terrace 205 $90 $180 $180 $1,797 $2,247 General Facilities Fund $63 Upriver Tercace 244 S86 $171 $171 $1,715 $2,143 Capiial Facilities Rate Prepayments $872 Electric RR 334 $133 $265 $265 52,652 $3,315 Bands $3,488 Misc Prajects N/A S20 $40 $40 $400 $500 Sutisidy Funding from Reserves $4,296 Total 1,286 $499 $998 $998 $9,975 $12,469 Total $12,469 Notes ' The Sewer Constructio» Program Year is the calendar year in evhfch construction is planned fo begin. " Number of ERUS equWs exlsting ERUs. Growth ERUs ere not included. MiSCOaneous Profecfs 1nclcxie mrrror sawer conshucdon rn conjunctron wrth Road Projects, marntenance proJects arrd smergorrcy repafrs. Total Projecf Costs are based ovi 2004 cbnstrvctfon ovsls ($132lfoot fw collector. $ 75✓foot for pressure & S 165ffoot for inferceptor) and are then inllateci at 2. 5% psr year after 2004. Six-Year Sewer Constivction Capita! Imprnvement Pivgram - January 2005 Page 4 • SPOKANE COUNTY 2007 SEWER CONSTRUCTION PROGRAM (Cost Estimate 8 Funding in Thousands of Dollars) Project Cost Estimate Project Oesign Const **"7atal Program Funding Sources "No. Mgmt Eng Mgmt Gonst Project Project ERUs Cast Cost Cost Cost Cost Spaldings 50 S8 $15 $15 $150 $188 State Grant S3,750 City Garden 59 $20 $41 S41 $409 $512 General FaGlltfes Fund $2,717 Grandview Aaes 342 $171 $342 $342 $3,422 $4,277 Capital Facilities Rate Prepayments $777 Rockwell 316 $114 $228 $228 S2,283 $2,854 Bonds $3,108 TrenNrood 282 $112 $225 $225 $2,246 $2,807 Subsfdy Funding from Reserves $1.302 Wandermere 58 S21 $41 $41 5413 $516 Misc Prajects N!A $20 $40 $40 S400 $500 Total 1,107 $465 $932 $932 E9,323 $11,654 Tatal $11,654 Notes ' The Sewer Consbuction Program Yser is the calenclar year in evhrch cortstruction is pJ'an+Ted to begin. Number of ERils equals existing ERUs. Growth ERUs are not rncluded. Misce!laneous Projects indude minvr se+ver constniclbn in conjurrction with Road ProJects, maintenance Fro1scts and emerpncy repairs. Totn! Projoct Costs are based on 2004 construciion costs (S 132/foot tw coUector, S754foot for pressure 965ffoot tor infercepto0 arxi are than fnflatcd at 2.5% per year etler 2004. Six-Year Sev+er Consfruction Capile! lmprovement Program - January 2005 Page 5 SPOKANE COUNTY 2008 SEWER CONSTRUCTION PROGRAM * (Cost Estimate & Financing in Thousands of Dollars) Project Cost Estimate Project Design Const ••••Total Program Funding Sources "No. Mgmt Eng Mgmt Const Project Project ERUs Cost Cost Cost Cost Cost Sutters 371 8120 $240 $240 $2,401 $3,001 State Grant $3,750 Summerfield 355 $95 $191 $191 $1,909 $2,386 General Facilities Fund $1.967 Westwaad 182 $59 $119 $119 $1.189 $1,486 Capital Facifities Rate Prepayrrents $1,134 West Farms 170 5112 $224 $224 $2,238 $2,798 Bonds 54,536 Belle Terre, incl OM VI 85 $84 $166 $168 51,679 $2,098 Subsidy Funding from Reserves $5,337 Pinery 156 $69 $138 $138 $1,378 $1,723 iie Birch 242 $109 5219 $219 52,186 $2,732 Misc Projeds N/A $20 $40 $40 $400 $500 Total 1,561 $669 $1,336 $1,338 E13,379 S16,724 Total $16,724 afes ' The Sewer Constructrwr Program Yesr is the calsndar year ;n whfch constructiovi is planned to begin. " Number of ERUs equals existing ERUs. Grosvth ERUs are nQt incfutled. Miscellaneous ProJects incJude rrrinor setiver Constnrction in oonjurnCiTon with Road ProjBds, maintenente projects amd emargertcy repairs. Tota! ProJec1 Cosfs sre based on 2004 construcdion cosfs ($1321foot for CoJlector, $75Noot forpressure & S165ffoot torinteroeptor) and then rnRated at 2.596 per year aRsr 2004. Six-Year Sewer Construction Capila! Jmprovament Program - January 2005 Page 6 . i - • SPOKANE COUNTY 2009 SEWER CONSTRUCTION PROGRAM * (Cost Estimate 8 Funding in Thousands of Dollars) Project Cost Estimabe Project Design Const •Total Program Funding Sources "No. Mgmt Eng Mgmt Const Project Project ERUs Cost Cost Cost Cost Cost Green Haven 391 S178 $356 $356 $3,556 $4,445 State Grant $3.754 Valley vew 226 $114 $227 5227 $2,270 $2,838 General Facilities Fund $504 Rotchiord Acres 125 5104 $208 $208 $2,076 $2,595 Capftal Facilities Rate Prepayments $1,038 WestPonderosa 360 5247 S495 S495 $4,946 $6,183 Bonds $4,153 Clement 279 $104 $207 $207 $2,072 $2,590 Subsidy Funding from Reserves S9,705 Misc Projects N1A $20 $AO $40 5440 $500 ToWI 1,381 $766 E1,532 $1,532 $15,320 b18,150 Total $19,150 NoteA ' The Sewer Constrtiction Program Year is tho cafsrrdar yrear in which constructian is pJanned lo begin. " Numbero/ERUs equals existing ERUs. Gmwth ERUs are nW fncYuded. h4isce!laneous Projecls incJude mirrar sewerconstructron in conJunction with f?oad ProJecis, maintenar7ce p+'ofects and emergsncy repgirs. Total Pm,ject Costs are Dased on 2004 constmctbrr oosts ($1321foot for cntleclor, .8Moot tw pressuro &$1G5Root !ar interoeptor) and are then FnRafed at 2 5% per year aRer 2004. Six-Year Sewer Construcfion Caprtal lmprovemenf Program - January 2005 Page 7 SPOKANE COUNTY 2010 SEWER CONSTRUCTION PROGRAM * (Cost Estimate 8 Funding in Thousands of Dollars) Pro'ect Cost Estimate Proyect Dasign Const Total Program Funding Sources '"No. Mgmt Eng Mgmt Const Project Project ERUs Cost Cost Cost • Cast Cost Pine River 207 $69 $137 $137 $1.372 $1,714 State Grant $3,750 Corbin 359 $132 $265 $265 $2,645 $3,307 General Facitities Fund S2,350 South Green Acres 510 S366 $732 $732 $7,317 $9,147 Capital Facilities Rate Prepayments $1,121 Micaview 152 $105 $211 $211 52,106 $2,633 Bonds $4,486 Cronk 213 $87 $174 $174 $1,739 $2,174 Subsidy Funding fram Reserves S7.766 A1isc Projects MlA S20 $40 S40 $400 $500 Total 1,441 $779 $1,658 $1,558 $15,580 E19,475 Total $19,475 Notes ' Tha Sewer Consfruction Prvgram Ysar is the calendar year in whiCh constnuction is planned to begin. " Numbsr of EI?Us equals Qxrsting ERUs. 6rawth ERUs are not included. MrscolJanoous Projects irncWe rnirror sewer constructron in canjunCtdOn wrth Road Grof@Gfs, marntenanCe prolects and emorgerrcy rLpairs. Total Project Casts are bF+sed orr 2004 construCtiort Gosts ($1321(o0t lOrcollectw, 5- 754`oot iQrpressure &$965ffoa1(or intoreepta) arrd are then lnnafed at 2.596 per year aRer 2004. Six-Year Sevier Gonstruction Gapilal Improvement Program - January 2005 Page 8 l. . ' i a~ ~ ~ FRANcr5 ~pokane Valley Sewers ~~L~IEs-LEY Si~ r Ca~ 1ta1 ~ ~ ~ ~'~„h Irnprnver~ter~t Pro~;rar~ 4 ~ ~ \t- + , . r'~' ~I EiS~"~'L~Q .iQ{f 5~~~' +~tti~~`t 4 • y 4 ^ , , y~ pp iib} e4`d,~ ,11 M15SI@N r-a ~ • . ~ . 1 - UGA BauFldBry ~ ~ 0~ '~t~t'~y. ~y7"~K~e~y~ ~~s.1K°~~ ~~1`~~ i~„y~9~~~•.'~`.3 - - - ~ ~ • ~ ~TT" ~ . ,~y~ . 4 M1 y,P~~~ ~R~ ~ . ih ~ ~ -f~ } i ~s.~+ ~ ' r~ ~ • ~ i ~ tw , 1 . , ~ i ' lxlV'Q ,~Fea '4'1 ~ ,IdIT~lf SBfls ; • ~4 ~ .r~~i q 1`5ti~~t54~. k4~*'...~~p~~"F~'-..~~!`, \'~''{,i *y`i.,r~' ~y 5 1 x. -..`~W ~ I /~11 n/ rt ,[5.14i1L ,p ! ~i._ ~L VI~611V ~a~Yj+VM~~4f I i { 1 y` .~y 4~,` ~ 1~~.5~ 1,~M~ ~ ~'t'4 ~N I s7~Y14~Itv SeIYj IY,e ' B04Y11{~N i~~sM~~y+~, ~'r~ I~t+^R~ ' Y.. ! _ ~1~ }n. • ~y y~~~~#- t~y' .1. a~ . Y1~yJe ~ ~~y ry MUniGip8l l4fea5 h13 Tk' ~ F '`r • ~~y~ ~ 1V g 7H ..'6=~.~~•~ }~'y`~'~ 4 4 I .~r L ~ F ~~'~U~ ~ , I69o 1EJ° ~7"'a. ..y~~.'s~. I Se~`er ry1-~1oj~L s J ~ 7 ;`l~yyp G~ rs I fi S/~DT'FVi [y.lVqips'p kr~ ~ V-~~~~''y, {Thft7ugh~24474} ~ I 36NL1 6Ydaf GIF ~~~oa #24Q5 -20101 { ` - - J ~ ti 44TH . •saa L-F CitY of 5pakane Vakley 1„}t''~b., t,+, r J k ~ r~ 4 = f` y •+S I ~ .r~ . .r z 1 r, 6500 z Y Z uQU; A il Aha" itOrrm.kan AnOIrs m Nwflr cIp Mp Ma :SEokane_ Count lJtilikies G.I.S. . Note: Pro'ect Boundaries Are A raxirraate And Ma Chan e With Further En ineerin . December, 2004 North Spokane Sewers ~ Six Year Capital Improvement Program , , . . , 18300 ; j , o o' $ g i ~ 17500 18700 4 ~ • ~ ,P ✓ ,fi9oo ~ raOafAF•=+1 151001 t, ~ V„~~- 13600 I ,;•~y u: . :ID FARW ELl ,1 Z700 ~~lx~ieo> _ ~ 1~l ! lK Mq5T1NGS 1_ / ,t8oo ,woo r{wwnao HE 10300 ~ I Nowwo 9soo r I` f Lr- ~.t~7p1~111~ WTRONCi NESWM 8700 ~ `AV.. L r I LINCOLN 7800 ! J + 7100 ~ - ~ g ~HwniGts FH ~ ~_-l,[`~+_~.i' J y ~ t a ~ ~ J Q ~ 3 o i ~ WEltf .~e Mo~.em Ifomr ad,. tn vi.N cP Mw k. 1 0 t' - - ~ Note: Moiao Bouridsnea Are A raximato And May ChaiW NMh furtttie► E mean . Dacernbe►, 2004 I • SPOKANE COUNTY 6-YEAR SEWER CONSTRUCTION COST & FINANCING SUMMARY (Cost Estimate & Funding in Thousands of Dollars) Program Cost Estimates Pro ram Funding Sources ProJect Design Const "'ToWI General CFR Subsidy •'No. Mgmt Eng Mgmt Const Project State Facilities Prepay- Fundfng Total "YQar ERUs Cost Cost Cost Cost Cost Grant Fund ments Bonds (rom Resones Funding Balance 2005 1,192 $423 $846 $846 $8.460 $10,575 $3,750 5287 $781 $3,124 S2,633 $10,575 $0 2006 1,286 E499 $998 $998 $9,975 $12,469 $3,750 $63 5872 $3,486 $4,296 $12,468 $d 2047 1,107 $466 $932 $932 $9,323 $11,654 $3,750 52,717 $777 $3,108 $1,302 $11,654 $0 2006 1,561 S669 $1,338 $1,338 $73,379 $16,724 $3,750 $1,967 51,134 $4,536 $5,337 b16,724 $0 2009 1,381 $766 $1,532 $1,532 $15,320 $19,150 53,750 $504 $1,038 $4,153 $9,705 $19,150 $O 2010 1,441 $779 $1,558 51,558 $15,580 $19,475 53,750 $2,350 51,121 $4,466 $7,768 $19,475 $O Total 7,968 $3,602 E7,204 57,204 $72,036 $90,047 522,500 $7,888 $5,723 $22,895 $31,041 $90,047 $O Notes ' The Sewer Conshtiction Program Year !s the calendar year fn whfcM construcrior► is ptanned to begin. " Number of ERUs eauals exlsf7rrg ERUs_ Groulth ERUs ara not incfudad. Six-Year Sewer Construction Capital lmprnvement Program - October 2003 Pa9e 11 SPOKANE COUNTY - , COSTS FOR CITY OF SPOKANE RIVERSIDE PARK WATER RECLAMATION FACILITY (RPWRF) UPGRADES (Estimates in Thousands o! Oollars) Cost Element 2005 2006 2007 2008 2009 2010 Totsl Upgrade Costs at RP4VRF far Water Oualiiy S7,136 $2,815 52,914 $820 $2,294 $8,747 $24,726 A'otes: - The 2005-2090 estrmates vlere prr,vrded by the Crty of Spokane, Wasteivater Managemeni. - Funds la the RPWftF Upgrades wnY como from the lNastewalmr Treatment Plant Fuitd and General Facilitios Fu,rnd_ - C!A assumes eNTuent frlfrafion compfeted by 2012 to comp~y w+th dissobed ox ygen total maximum dairy faad (TMaL). SPOKANE COUNTY COSTS FOR NEW WASTEWATER TREATMENT FACILITIES (Esiimates in Thousarxls of Dopars) Cost Eloments 2005 2006 2007 2008 2009 2010 Totals Designl8uildlOperate Engineering, Management and Legal Servioes $400 S400 $250 5259 $250 $250 $1,800 Land - Pump Statioris & Treatment Plant SO $0 S900 SU $0 5o $900 Canveyance - Design!'9id/Build Costs $U $0 S875 $2,000 $9,000 59,000 $20,875 Wastewater Treatment Piant- QesignlBuild C4sts $0 $0 S9 250 $9,250 $18 750 $28,150 E65,400 Totals $400 $400 511 275 $11,500 $28,000 $37 400 $88,975 Annual Debt Sorvice Galculation 2005 2006 2007 2008 2009 2010 Payment (rom Reserves S400 $400 SO s0 $0 $0 Cumulative Bond Sales $0 $0 $11,275 $22,775 $50,775 $88,175 Annual Debt Service $0 $O $944 $5.906 54,250 $7,380 Notes: The adove estimates are based u,oon ttfe (oLbwing assumperons: -New 8 mrftvi-ga8on-per-day pJarit on the Stockyards sefe, wiLh fdaws slartFrrg +n 2012, - EffluenP filtrataon viill msst the requ;remants o1 the dissoMod oxygen 7MDL_ - OutfalJ to ReDecca Street from the Wastewater Troatnrent Ptant (W'vVTP) siie. - Pump Sfation 6 Force Main lrom Spokane Va!!ey lntercepta to l4MrfP. - Pump Sfab'on 8 Force Main from rVarth VaUey lndorespta to VvWTP. - Design/BuidlQperafe conUact for ihe treatment plant. - aesrgrVBicfl9uitd publ+c worcs cantraCt for tha conveyance pro,racts. - Annual Debt Serv;pe" is assumed to commenCe far a given exparrditure in the y9ar folJoviing the expendrture. The amount shov•n lar Annua! Debt Service' inGudes the estimated debt service3 for cumulatrve expenditures and assumes tha ennuaJ sale aJ 20-year bards dt 5.5% interost rates. A port'ron of the annual costs may be paid from avaifable reserves, rafher fhan from bond pnoceeds. Fw thase yoars where tho "Cumulative BQnd 5tiles" rs listsd a1.80, it is assumed fhat the prevbous ysar's expentiitures voere pa+d fram reserves. 77r8 primsry sourCes af funarng are iho Gerreral Facrlitras Fund and Waslewaler 7reatment Pan1 Fund. J Sit-Year SowerConsrruction Ct+prtef fmprcvement Cragram - Jonuary 2005 Pa4E 12 ; t City of Spokane Valley DISCUSSION OF WASTEWATER SYSTEM CIP, STEP SUBSIDIES, AND FUNDING January 4, 2005 DISCU SSIO N TO PICS 1. Mandatory Sewer Connections 2. Septic Tank Elimination Program Schedule (STEP) 3. Alternative Subsidy Method For Capital Facilities Rates (CFR) 4. Recommended Rate Adjustment , z 1 MANDATORY SEWER CONNECTIONS ~ . County Code requires connection to sewer within one year after public sewer service is deemed "available" by the Director • County Code also provides: "The Director may extend the one-year time frame for good cause." ➢ Board agreed to extended time frame for mandatory connections until WWTP capacity is increased 3 MAN DATORY SEWER w- CONNECTIONS (Cont"d) ~ 4. . County Code requires payment of sewer service charges commencing one year after sewer availability, regardless of connection status . Along with the discretion of the Director to extend the connection deadline, the Code needs to be revised to temporarily suspend the requirement to pay sewer service charges if not connected after one year 9 Recommend Board hearing to amend the Code accordingly 4 2 , . , STEP SCHEDULE/6-YEAR CIP ~ - - . Adopted CWMP provides for completion of STEP in 2010 ~ Draft 6-year CIP includes the years 2005-2010, and completion of STEP projects in 2010 ~ 5 CFR SUBSIDY ~ ~ - _ • Since 2000, the CFR subsidy has been set at 25 % for both line charges and GFC's . In the later program years, CFR's will increase much more than inflation, due to lower ERU densities in the project areas . Year 2004 Program CFR=$5,050 . Year 2008-2010 Program CFR=$8,349 (estimated, using 25 % subsidy) - 6 . ~ ~ ALTERNATIVE CFR SUBSIDY ~ M ETH OD . Using an annual adjustment factor rather than straight percentage makes CFR's more equitable for properties in later years . Suggest annual CFR adjustment of 3.5 % on line charges for program years 2005-2010 . Year 2010 Program CFR = $5776 (estimated) ➢ Recommend Board hearing to set 2005 CFR rates and modify CFR subsidy method 7 . FINANCIAL CONSIDERATIONS . In 2003, annual REET revenues to sewer program dropped from $1,200,000 to $0 . In 2003-2004, annual Sales Tax revenues to sewer program dropped from $3,500,000 to $0 . In 2006, annual APA revenues to sewer program will drop from $1,800,000 to $975,000 . County share of RPWRF projected to increase from estimated $22 mil. to estimated $36.5 mil. . New regional plant will cost more due to inflation impacts from delayed implementation s . 4 FINANCIAL IMPACTS ~ . Increased costs and decreased revenues results in need to increase fees or charges . Recommend increasing Wastewater Treatment Plant Charge rather than the General Facilities Charge . If we change the CFR line charge to an escalated amount, and increase the 1NWTP charge, it needs to increase from $4.00 to $6.68 per month 9 SUMMARY OF , RECOM M EN DATIONS to BOCC 1. Agreement with Director discretion to extend sewer connection time frame 2. Amend Code to suspend requirement to pay monthly sewer service fees if not connected 3. Adopt 6-year CIP schedule, with completion of the STEP projects in 2010 4. Revise CFR subsidy method to annual adjustment of 3.5 % on line charges 5. Increase WWTP charge to $6.68 per month 1o 5 / , N EXT STE PS? --79 • City of Spokane Valley Briefing-tonight • Consider Input from City of Spokane Valley-January 4-12 • Set Hearing(s) to revise County Code; and to set CFR's, CIP, and WWTP Charge-January 18 . Hearing(s)-February 1 ~ SU M MARY OF RATES & CHARG ES For Year 2004 . Monthly Sewer Service Charge (0 & M) $20.50 . Monthly WWTP Charge $ 4.00 . General Facilities Charges (new con~uctior,) $2,195 . General Facilities Charges (seatit tank Eiim.) $1,885 . Special Connection Charge (Line Charge) $3,165 . Capital Facilities Rates= $1,885 + $3,165 = $5,050 kotes: 1. Rstes and Charges urc for stngle family recidence 12 i 6 ' CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 4, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business (]x new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: 2004 City Accomplishments GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City adopted Council Goals and a workplan for 2004. This agenda item provides highlights of the year. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGETIFINANCIAL IMPACTS: N/A STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Accomplishments Presentation ~ ~ Spokane Valley 2004 Accomplishments • Nina Reoor, Deputy City Manager • Ken Thompaon, FFnance D+rzctar I- Ncif Kerst$n, Public Warks Dire--tar Mik3 Jacksan, Fark-s & Reueation pirector • Manna Sukup. Community Deveiopment Oirzctor 12OU - - s ftccnmp(izfirrMrtta Legislative Branch , , r } r1. ~ ~ t-' • r.. i t, _ - - , • . _ _ „ i ; _ . , _ . `i. ' : - ~ t I :j ' _ _ , . ' ~ I t I Zl'J6 - . : { /ltamniiBhiT~cn!n ~ 1 2004 Council Goals - - - - -1"t • ~ - ' . . IY 1.! . . . 1 rl ' ....'_t . . . . . . . . . . _ . ■ Experiment with a Managed Competition program ~ Qevelop a 5-Year Strategic Financial ; Plan _ Develop an approach for Iong-term wastewater services ; ~ _ `20 C4 _ . , . . - . ' . , ~ A^~r~a•,~r,+y • - Goals continued: Initiate the Development of Spokane Valley's First Comprehensive Plan ( Created a draft vision: A community of ~ opporfunity where individuals and ; families can grow and play, and businesses will flourish and prosper ■ Conducted a scientifically va(id survey ~ Conducted_neighborhood and_citizen . participation,meetings. ; - - , _ - ~~CA- v- ~.'t; . . _i -~:tiWi=-''+r?5~;al~.~s.-Jtr4.'.'i~-.•_-1 - A4`:?1R1jL46I1fTSlp t2 Goals, continued: Continuously Improve Overall Communication ■ Launched City's officiat web site • Hosted six Conversations with the Community • Formed a Student Advisory Council _n Conducted_two retreats that are open to the public to review and adopt City work ; - plans _ zoci _ ~ ~ M~nr:r~lis?imen!s Goals continued: Develop and Strengthen External Relations Council members served on 27 regional boards and commissions ~Council and_ staff interacted with local, °state and national counterparts about #he ~ issues that matter most to Spokane Valley ~20114 , ~ 3 Operations & : Administrative ; Services - • - _ - , 2W+ A.'zrxripLshmart; ' City Administration i■ Annexation to Fire Districts 1& 8 ~ ■ Managed Competition Pilot Project ( ■ Contract Administration • Administrative Policies and Procedures ;;..Employee raining _ A~■ Codifcation of City Code _ ■ City_Web Site'_~..: : 4 DISASTER RECOVERY PLAN FOR COMPUTER SYSTEM , ■Anticipates hardware failure •Anticipates software failure , mAn#icipates loss of access to building ;k_~ I ~ ' . . . ~ . . , . _ I . . . ~ i7~ ' . . _ _ . , . . . ' . . . - . . ~ ~ g . . ~ , . ~ COMPREHENSIVE ANNUAL FINANCIAL REPORT EDisplays financial status : @Builds credibility in ; financiai arena ~ sProvi~es finaniaf data ~ r to bond buyers ~ ~:OC•C - _ - . : - . - 1G ~ : A:mr~;~dsnmr~+ts _ 5 Five-Year Financial Plan r ■ rojec e sa es ~ tax, property tax and other revenues i ;")tf oProjected costs 4~~ . . Identified ~ = potential financial ~ problems ! l~ccompltw,meims UNQUALIFIED FINANCIAL STATEMENT OPINION ■Accurate . . financial t statements ~ " ■Legal compliance y o Resource : L. Accountability ~ - _ - - . - -r;~ '~~t1d~ - - , - • • 1 _ - i 6 Public Works ..._J.,..__.._.~_.___ . ro7a ~ 1 l~rmD-cfr*~ ~s Development • $5 Commercial Appiications & 57 Residential Applications ■ Typical Projects: ~ • Ponderosa PUD - 182 Lots ~ ■ View Ranch Estates - 68 Lots -e•~ Walpreerzs,-Starbucks & Taco Time • (TT Technical lnsiitute • Hooter's Restaurant 1a- ~ ,A..~"'~+mnh:lnrronn - 7 Stormwater ■ Developed fi-Year Financial Pian ~ ■ Completed Swale Design Study ■ Implementing Swale Ordinance - ~ Planrnng Commission on Dec. 91" : • Council actian in January, 2005. • Currently working with the County, and City Spokane on a Regionai StoRnwater Design Manual baseri upon r ErMbgy s new ormwate`r manua2- Compleiion in late k 2005 Updating 2005 tax roles 8 developing transition plan ta ~ move aperations to iri-house staff - 1s A~xnDt:.hmer.ta Street Maintenance ■ Pothole patching, crack sealing, pavement replacement. $793,000 ■ Deicing, sanding, snow removal. $287,000 ■ Sweeping, brushing, weed control. $518,000 • Stormwater repair & maintenance. $129,000 • Traffic-signals; signs-&- striping. $403,000 ~ ; i _ Total of S2,130,000 throuqh November 2004 ~:nca AU=~m~i~~hmonu . 8 Pavernent Replacement '~---ZQ ' - - 1 '~.i: 'TfrX•- . ' Elta Road PPM- - ~ ~ . ! - - - Capital Projects • Planning • Completed 6 Year-TIP • Submitted projects applications to TIB, CDBG and SRTC for Funding • Funded: • PineslMans`ield Upgrade $1,150.000 ~ •-Argonne, Road-Qverlay- S 2 71,000 • Dishmar,-Mica Road Rehab. S 49,400 • F3roadway Avenue Qverlay 5 703,000 ~ - ApplEttiay Re~.~n5truction S2.764.928 12DL4 j /r~n;HZhrmntz 9 Capital Projects ■ Design ■ Compieted 24'''`Avenue Sidewalk Design ln- - house _ ~ Barker Road Reconstruction'design contract ~ aPProved - t Barker- Road- Bridge-RFQ has been advettised ' ..:~~;,C__ 'I}' [i •j__ - - ,~c:. "v _~,<v.~. ~.s.. ~ .~;I*'Zo~tZjr«+».~T~.'S'~.t!!.."~`~ •:r•."~a '~=a . _ ' - " . . . . _ . . . 2004 1 ~ lt.i~om~da~rmenl3 . . . - . 2 • Capital Projects ~ ■ Construction - Sewer Paveback Projects ; • South Gresn Acres Sewer project is complete. $15,367 • Weatherwoad/Owens Sewer project is complete_ $394,000 ■ Veradafe Sewer project is complete. S 311 5.000 C-amahartproject will be complpted in ; 2005. $1,10.000 • Sipple. Sewc:r project is campl-ate: 514 1,OQD . , . a'++~'~'?/ Y . 3 r~-i ' ~ ~i- ~ - _ - . 7 : , ' * -'r I r : 4 10 South Greenacres - : F i. .j } ~ • - - i ,`i` 1 I = •9' T ' Y{ ti-4 ~ _ ~r ji' :~s. i: t Weatherwood/Owens L J _ ~ ; iI tj . - _ -.....~.y I ~ 1 11 Capital Projects ■ Construction - Buildings & Streets ■ CenterPlace 67% complete. $9,667,163 ■ 16th Avenue is compiete. $1,973,888 • Park Road is 80% comp{ete and is open for the winter. $598,902 ■ 24th Avenue Sidewalk praject is , comp e e. , • Evergresn Road project is camplete. $1,573,321 ; • Suliivan & 4!h Signal is comple?e. $75.917 Everg reen Road U pg rade ~ Projed BudgeG ;1,573,321 ' - ~`•7. - ~ 12 CenterPlace Construction - October, 2004 Pmjecf Budgett $9,667,153 ~ Parks and Recreation : - : ~ I1 I ~ - - r~~f I Af - ~ ~ ~•i-.. ♦ ' . . ~ • ( - . N.~„A~S~ ~ ~1'~ . 1._ ~ 2 - ' - ~ - ~i A.;^.criF'~ =n•c 13 CenterPlace i■ Bid savings allowed upstairs of Conference Wing to be ~ completed ■ Scheduling software in place and ready to accept reservations f• Communications and data systems selected , • Fumishings selection underway ' ■ Ce-nterP1ace'1and5tapL~'tn°aintenance incorporated into Park Maintenance Confrac# _ ` .xx • _ ~ • ~ X-41r, ^ 1 h~ fi: .Y,1~ ^t:ttt=~« . • ~ .....~~,~.-'~a'!t._1 - /lizximplisnmerrs Parks Administration ■ Reservation system was refined - - ■ Alcohol policy was developed ■ Brochures and applications wet-e deve(oped for facilities and programs Mirabeau Meadows construction was ~:✓completed and a dedication ceremony_, was lield in conjunction with Val{eyFest . f~ • I - ~ f n i • kc::cyr~nl~shn,rns - . . - . . _ ~ . - ~ _ ' 14 ValleyFest 2004 Mirabeau Meadows Park . - -r • ~ I 1 j r I ; 12na~ ~ ~ . Axa~n~sz.mnrts First "Official" Tree Planting - F I' # - •1 iG]S- _ _ - - JU ! ~ tvlZlrt~;iNStunr.;.~ . . l 15 New Stage =~`f ~ rx C~~ ~ ~ . • y ~ ~ S i-- = f .'s , ~ ®rE-r~ I 7~ ' l~hpFt:rtxrtt~ Picnic Shelter Reservations Month 2003 2004 jApril 3 3 May 3 12 June 12 35 July 19 33 August 36 37 September 14 25 Oct./Nov. 0 1 Totai Park Reservations 87 146 i _ (70%.lncrease) ~ _ - - ~ ,Horse Arena Reservations 6 ''001 ' ;7 Aoxxn01x*iments 16 2004 Youth Programs ' I ~ '~t^ ~ `f . _ ~ . ' ~ . ~ •--•j~. _ ~ i_ _ ~ _~t L ti ~ Summer Day Camp roQrams 8 weeks of Day Camp were offered Averaged 17 chiidren each week 2004 Programs 9 weeks of Dgy Camp were offered Averaaed 29 children each week ~ 71°o Increase ; - ( zow k 17 Started Data Base of Area Service Providers (Over 325 Providers Identified) • Pools • ~[.~b1f'CtfUt~ . - _ . - ! ~ - . ' • i.Gam _ , ps • ~ Fitness Centers _ • : Tenrns CouftS': - • ~ SporEs Complexes • 5purts f'roviders Community Centers & Senior Centers I . Arts and Cfafts _ - ' . I Computer. Trairii.rig 1 Marral~An~ _ ' • : Dance- ' Gyriinastics , • , 0ay Care i' f ' zDu, - ~ ~ Fvsx~m~iisnrt~nl? ~ Senior Center ~ ' - ~ ~ ; ■ Transferred ownership ~ e + Citizen Assaciation ■ Worked with Ad Hoc Committee to resolve issues regardmg-the-move to CenterPlace ~ i■ Partne►-ed with the Association to inclucie a I wooden d'ance floor at CenteirPlace__ , - . _ - 18 Aquatics A~, ~ _ • j'J ~ . . . _ _ . . _ ~ f'ools operated from_:J.une 19 - Aug 14, 2004 • Terrace View remained open thraugh (_abor Day - - - - - `{J 2D000 18000 i a 16000 14D00 ! ~ -12000" i 10000 : ~ - ,I 8000 I - . l ~ I 6000 4000 2000 ; 0 ' Admission Admi!sinn Swim Swim Team ~ - - - - Rcqulbr - - - Extendc+tS-- l.*-ssons - Season Scasan 2003 Visits 0 =2004 Vfsits 'The paols were closed for vandallsm b days in 20013 and 17 days in 2004 ~ w . . sx Accum;v..nmF~i=, 19 Managed Competition - Parks Maintenance ■ Met objective to identify altemative service providers at more economical rates than accorded by the current service providers ■ Selected a private firm-Senske Lawn nd -T-ree_Cacerfor-park maintenance ; Fi _ ,ya 39 ; Rctrrrpiishmnttfc i Leases/Agreements Negotiated by the Parks & Recreation Dept ■ pv ane a ey enior i izens Association - - ■ Spokane Community Coilege (in progress) - leasing fve ciassrooms at CenterPlace ■ Radio Control Car Club leasing track at Sullivan Park ; ■ - leas~ng Wes#ern Dance Hall Association premises at Sullivan Park ~ Splashdown V1/ater Park _ 'a ~A[~npGshm?^;s - _ - - . 20 Parks & Recreation Master Plan ■ Moore lacofano and Goltsman, Inc. (MIG) was selected ~ t"eMcsp th - ' a5terP Focus groups and the public attended workshops on November 4, 2004. • Chamber af Commerce • Youth sports providers • Other govemment agencfes • Adutt sports • Cuttural arts -,rSCOPE- • Surveys have been delivered to random households. • Tne poal assessment is compJete. - ocA - - : ~ Laying Groundwork • Master Plan ~ • Set ciear gaals for parks and recreation facilities ' and programs_ ~ ■ CenferPlace strategic plan ~ Deiermining future operation af senior center ' -with-Spokane VaHey-Senior Citizen Association Identifying alternative provider to operate and maintain the City's three outdoor pools_ z0o. : - - az ; fi^c:emri-s~nan's 21 Comrrunity Development J ~ - G '•~•t..~ . . '_~.._`~...~~~~~~'~,e~;`~• Aarmp+ ar~v-'u - Community Development ~ New Ordinances Adopted • Grading & Excavatian . ! • Flaodplain i • Clear View Tnangles ■ Ptannod Unit Developmenl {PUb) • AdministraUvo Exception/AdministrativQ Variance • Dimensional Standards update j AdrnineCMNational Flaod-lfisurancE Prograrti - ■ Nazard InvLntory & Vuinerabififiy Analysis Draft f,d Hoc Sion Commitien Lommuni[y UeveloAmcnt_Webpaae: _ . ~ z~:s ~ _ - _ - !1 _ ` ' - • _ _ . d^~ ~ ~ r,,~ ~ ~ - - - - ~ . 22 Long Range Planning • Draft Comprehensive Plan 95% compleie Participated in the Countywide Planning Policies update ; Served on Shorelines Program Update Committee and Central Valley School District's Linkages Committee • Grants_ • coBG,~s3~s;aao~- 17I-- Growlh Martagemefit Act (GMA)~ .a90,305 • ~ Completed Sprague-Appleway Corridor Economic Analysis ~ nu ~ t ~ J~cm{sr~rrs Long Range Planning • Held Eight Comprehensive Plan Community Meetings • Gompleted..Gommunity,Survey • Eight Comp Plan Amendments 8 one Area-Wide Rezone • Held 20 Planning Commission rneetings, and conducted more than 15 Pu61ic Hearings • iCompleted.Land Capaciiy AnalysislRopulation Allocation ! `w.. .,.b.. rNM MYM1 Y ` nM~ MIq~ _ 1 l ~ •7TON• ~ D~ 11Mti ~Ww1 ~ •1 w i~ . ,nL , • I_._ r-_ . _ - ~ , 2X14 wr.es,.. ~6. 23 Current Planning - By the Numbers . : , • ~252 new land use actions as of 11/30/04 •~Issued 147 new permits and ficenses as of 11/30104 • ~Rev+ewed 131 Commercial Building Permit ~aPPiications •~Conducted 30 f'ublic Hearings before ihe Hearing ,-...:Examiner ~ Answered 2,775 phone calls at Planning Counter netween 311-11130 ■ Served 2,500 wafk-in customers at Planning Counter ` between 311-1 'l /30 12UO4 ~ arm~Y~-fim~t i . Current Planning - Revenue CU..Ein KAN..G REVEM CL4UMKT PLM~ ,CM" - ao.,~.o. a s. - ar corAMa a► m ro aa i.. ~ o ° m I i ' • i I ~r~ J .tw.a' . r. .a. • L• 1 I`II•YlILTi tw ir ']h ' ::.r .1i\l+li': i.T I . - . . I ' - _ ' Exce-oed 2004 pro}eCpd revenue by 120°,o as or 111,30104 'lDLk _ - - - _ - : - 19 `Acc.'xnp!i5rirtxsrts - 24 2004 GIS Projects + Aerial maps illustrating_project areas Custom iayerlmap/data exportlcreation - : Examples: ■ Bike and Arteria! RQad Plan • GMA Land Quantity Analysis ~ Evergreen Corridor Land Use Inventory • Comprehensive Ptan Amendments Billboards - current and proposed spacing ; ■ (ndustriaicommercial zoning class acres Appleway Gorridor aerial and economic } impact data ~ : ~zvcu <c Building Division ~ , ■ Implemented 2003 , International Building and Residential Codes on July 1, Zooa l .i j ~ Implemented ~ PLUS/PadaUPRISM system ~ • Developed informational pamphlets P,,,- ;.nn:=rr 25 Building Division - 6y the Numbers . ~ Issued 2,622 permifis (Jan 1- Nov 30) . - . . . . :_Y ~ . . . . _ Completed 9,094 building inspections in ; 231 working days (Jan 1- Nov 30) ~ Reduced:commer.cial.plans review time by , - - - - - - - ~:orA' . . ~ ~ . . . _ , - . . ~ s, Mwompfishme+:t5 Y Buitding Division - Revenue anv vaWr,,ua cm u vwx wutV wurore~rrrnw~ ~ wUMistrvxMnM , o.~.r.rsw►mass~twe+~ VMwMi1M~'~IJr i~~Na~) ~ t~~~' I _ ~ tauwr' I ~sar ru►sm ' I . OM.M %.r- r ~ wma K.nM a~ni-ra~-mmtn ~ a:r-M I rm mr~ r~m~ ta~vw } ~nr r~sir'rLtr e~.rw~r~ ! Revenue 111-11130 fota{ed S1.311,532, exceeding the - Divisiori's annual rzvenue estiR;ate by 48`%a_ - ■Wuation;of property involved in 2004 transactioris totafed ~1 09: 7791,591 by. tile end of Novernber,.,.: ' .t A0.C~T(A~GItrtiE~tS • . ~ ~ . . _ 26 Code Compliance •-R-educed_ number. of. pending_cases_sig_[fi_caDtly r from June-November with addition of second Code Enforcement Officer CODE ENFORCEMENT3TATUS - - ~ I - i_ - 1~ ~-I A:cUC.%:a'ocx~ti-r.ea!~••sKaL,'i~~rsirs!'rir~:1~~'ir~ ' - . _ _ . . . , 1War+~pllrhre~ttls - , Code Violations Reported By Type Jan - Nov 2004 I Compfaint - Na Violatian 134 Solid Waste 198 Junk Auto 205 praperty 176 I Envirpnmental 146 Totat 859 ~ Between 1/1-11/30_ 859 violations were ~ reported, 444 violations were abated, and 62 fifes wert transfErred Arz9mPii~nm~ts 27 Code Enforcement at Worlc; Before and After ~ f~'; ' ~s'~~~ ~ • - ~ M c . - • - _ x %-="",.b- ' • - . _ f.-' f , ~'L~ 1`` ~-ti► i 1 2.004 ~ AnXyrnphshmMr. - ~ rm : pMane _ ~ %Iley: 490;0 _ - . . . . . .'_:i... _i, . . . ~~1. . . . . . Hanny New Year! _ - - . t - - _ _ a . - - 2W4,:: . . ; 7►tcornPest~r+eius : : ~ 2U CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 4, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ~ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution No. 05-001, Creating a CenterPlace Coordinator Classification and Job Description for the City of Spokane Valley GOVERNING LEGISLATION: NIA PREVIOUS COUNCIL ACTION TAKEN: 2005 Budget adoption 1119/04; Council Administrative Report 11/30/04 BACKGROUND: The CenterPlace Coordinator position was first included in the 2004 budget. Staff anticipates filling the position in February or March 2005 - about six months in advance of the opening of the facility. The CenterPlace Coordinator will be responsible for overseeing the operations, maintenance and programs of the CenterPlace Regional Center. This position will supervise an Administrative Assistant and Maintenance Worker, who have also been budgeted for 2005. The Coordinator will develop and implement services and programs for the new facility, create and carry out a marketing plan in conjunction with the CVB position recently dedicated to - marketing the Fairgrounds and CenterPlace, oversee the maintenance of the facility and have , significant interaction with public and private groups, agencies and businesses. The successful candidate will have experience in recrea4ion administration, hotel/convention center management, business administration or closely related fields. When determining placement of a new position onto the City's classification matrix, staff looks at both internal and extemal parity. The Association of Washington Cities (AWC) compiles an employment survey, which is very helpful in providing general comparisons to other agencies. However, the AWC survey does not include a position comparable to the CenterPlace Coordinator. Staff has surveyed other communities with similar facilities, but could not find a close match in terms of expected responsibilities. After reviewing interdepartmental equity within the City organization, staff recommends placing the CenterPlace Coordinator position at Grade 16. It is the lowest supervisory Grade in the matrix, and contains a mixture of supervisory positions and lead-worlcer, non-supervisory positions. Other positions in this Grade include the City Clerlc, the Accounting Manager, the Senior Planner and the recently approved Engineer position. They are similar in the level of independent judgment they exercise, and in the level of complexity of the program areas for which they are responsible_ OPTIONS: Provide direction to staff. RECOMMENDED ACTION OR MOTION: Council consensus to place Resolution No. 05-001 on the January 11, 2005 agenda. BUDGET/FINANCIAL IMPACTS: Funds are included in the 2005 budget to fill the position. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Draft Resolution No. 05-001 CI'I'Y OF SPQK.ANE VALLEY SP(7KAN-E COiJNTY, WASHIlVGTON ' RESOT..i1TION NU. (IS-OOl A RESOLUTlO\' CREATING A i\'FW EMl'LUYEE CLAS:STFTCAT[QN ANll JOB DESCk2IPTipN F(5R THE POSITIQN OF CL\T'T`F:RPLACE COORDINATOR FOR 1HE CiTY QI' SPUKANE VALI..rl'. WHEREAS, the City Council from time to time must create new employee classi[ieations and adopt conditions of employment for those newl_y-created classifications; and W14E,ItEAS, dhe City Council adopted Spokane Valley Municipal Code provision 2.50.070, which, in part, provides that position claYssifications and job iJescriptions shall be developed for new positions; ancl 'A'HFR.FAS; the City Council tlirough Resolution No. 03-031 adopted job descriptions for City positions; and WHEREAS, since adoption ot' Spokane Valley Municipal Code provision 2.50.70, the City Council has created various new employee classifications job descriptions. NOW THEREFOR.E, be it resolved by the City Council of the City of Spokane Valley; Spokane County, Washingion, as follows: Scction 1. New Emplovee Classification and Position Description for Centerl'lace Coordinator Actopted. The City of Spokanc Valley creates the new employee classifcatian of ' "CenterPlace Coordinator", and adopts the position description for the position of CenterPlace Coordinator, attached hereto as Attaehment 1, as if fully set forth herein. This job description includes a pay grade classification of 16. Section 2. Kemaining .Iob Descriptions Unchanged. 'Che remainder of ehe jab deseriptions cnntained in Resolution Na 03-031 fls adoptecl or amended remain unchanged by this action. Section 3. Cffective Date. 'C'his Resolutipn shall be cffectivc upan adoption. Adopted this day of January; 2005. City of Spokane Valley Taiana VVilhite, M.ayor A'("C'ES'1': Christine Bainbridge; City Clerk Itcsolution 05-001 - job descriptimi f'agc i of I Rr.solauTrOrr N'o. 05-001 ATTACHVIEVT 1 clrY or sPOKAvE vALLLY POSITION DESCRIPTION Class Title: CenterPlace Coordinator Job Cpde NumUer: 430 llepartmcnt: Parks & Recreation Grade Number: lb Division: NA NLSt1 Status: Lxempt Date: Location: CenterPlace GETTFRAL PUR.i'OSE: Manages operations, maintenancc and programs of the CcnterPlace Community Center. SUPERVISION RECE1VED Works under the guidance and directinn df [he Parks and Recreation Director SUFERVISION FXFRCISED Exercises supervision aver Administrative Assistant= Maintenance Wnrker(s), and other personncl as assigned. ESSEiNTIAL DUTIES ANTa R.FSF0NSI13TLITTES: , ~ Manages dncl participatcs in thc dcvelopment and implcmcntation of goals, objectivcs, policies and prinrities Far assigned prbgrams; recommends and administers nolicies and procedures. Selects, trains, evaluates and disciplines personnel; and resolves cmployce grievanccs. Deiermines worlc procedures, prepares work schedules and expedites worlcflow. IsSUes ,vvTitten and oral instruciions. Assigns ciuries and eaamines work for exactness, neahiess and conformance to policies and procedures. Counsels employees to improve performance.. Studies and standardizes procedures to improve efficiency of suUordinates. Oversees and participates in the development and administration of the Parks and RecreAtion Department's aiulual budget in areas of responsibilit}; participates in the i'orecast of funds needed for staff ng, trai.ning, equipment, matcrials, supplies anci pr4jects. De<<elops, promotes, coordinates; organizes, and partic.ipates in services and progrfuns at CenterPlace. Seeks new anci innovalive ways to utilize available space. Inieracts with public ana private igoups, agencies and businESSes to maaimize _ Cenierl'lace use by developing marl;etinD strategies that support and enhance existing, \ local and regional business; service clubs, and olher service providers. Maiiages and superviscs CenterPlace reginnal convnunity aiid senior center facility: • Develops and iinple.mcnts maintenance and operations procedures and conducts minor facility repairs; • Schedules ancl monitors the usc of facilitics in conjunction with c;ity staff and other building tenaiits; • Administers service contracts, such as janitorial; alid • Maintains records of £acility use. Assures that assigned arzas of responsibility are performed within budgct; perf'orms cost control aciivities; monitors re_venues and expenclitures in assigncd area to assure sound tiscal control; prepares annual budget requests; assure.s effcctive and ef6cient use of budgeted funds, personnel, mate.rials, facilities and time. Provides recoinmendations for progrwn and facility fccs. Ivlakes private aiid public presentations, both written and oral, to supervisors, boarcis, comm.issipns, civic groups; potential clients and the general public. Communicates official plans, programs, policies and procedures to staff and the general public. PERIPHE1tAL DUTIES Researches, prepares and administers graiits benefiting CenterPlace. Serve.s as a member of various staff committees as assigned. Keeps alireast of trends and dcvclopments in thc field of community centcr marketing aiid management. Assists other Department staff as needed. DESTU-D IvII'I\j1MUM QU.ALI:FICA"1'I0NS Education and Experience: A. Graduation from an accreciited f.our-year college or university with a dcgrce in rccreation aclministration, halel/wnvcntion center management, business administration or clasely related fields. B. Minimum three (3) years previous eaperience ailcl/or training that inclucies manageinent, cust4mer service, aiid recreation admiiustration, two of which arc in conununiiy ccnter; banquet facilitatcs, or other public facilities management. C. Any equivalent combination oEetiucation and experieuce. 'Nlecessary Knawledge; Skills and Abilities: A. Abiliry to identify aiid achieve long and short term managemeiit goals. 'Position nescription: Cente_rPlace CQOrdinator 2 . B. Ability to communicate effectively, orally and in writing, with ernployees, consulianls, representatives of the business communily and the general public. C. K.nowleclge of community center and food servicc facilities and programs. D. Knowledge and skills in the area of markcting; including: 1) Vtarketing principles and fund raising methods, including the cievelopment and implemcntation of a Marketing Plan; 2) Ability to idcntify and capture inarket segmcnt. F. ICnowledge and skills in the area offiscal rnanagcment, including: 1) Methods and proceditres of budgeting; 2) Tracking expenditures and revenues and meetuig financial objectives; 3) Maintainuig accuratc financial records aiid participating in a laepartment- wide budget proccss; 4) Offce atid billing prncz.dures and practices. F. A key value of the City is customer scrvice. This position requires considerable knowledge, ability and slcill in the principles and practices of excelleiit customer service as practicecl in both the private and public sectors. lt rcquires the ability to effectively meet aiid dcal with the public; the ability io handle stressful siniations; the ability to grect and respond to customers in a f'riendly, pleasant and professional manner usi.ng appropriate inflection, graiYUnar and syntar: the ability to establish and maintain effective wrorl:uig relationships with employees; supervisors and the gcneral public; the ability to maintain a professional, courteous, and pleasant dcmeanor in difficult and stressi'ul s.ituations; and the ability to diploinatically deal vvith difficult pEOple. A willuigness to expend extra eff'nrt to help thE public find answers or informacion relative to their inquiry or complaint is expected. SPEICIAI REQUIl2LMLNTS Valid state driver's license or the ability to obtain one with.in 90 days. TOOLS AND EQUIPMENT USED Personal computer, includiug word processing, spreadsheet, presentation and database softwarE; adding maclune atid/or calculator; telephone., copy- and faa machuie. PHYSICAL DEMANDS Thc physical demands described here are representativc of those that rnust be niet by an employee to successfully perform the essential functions of ttus job. ReasonablE accommodations may bE made to enable individuals with disabi]ities to pcrform the essential functions. Posicion Description: CenterPlace Coorclinator 3 Wlule performuig the duties of this job, the employee is frequentl}= required to walk; sit and talk or hear. The employee is occasionally required to use hands to fuiger, handlc; fccl or operate object, tools, or controls; and reach with hands and arins. Thc cmployee is occa~sionally required to climb or balance; stoop, kneel, crouch, or crawl. The employee must occasionally lifl. andlor move uP to 50 pounds. Specific visiou abilities requirecl by this job include close vision, color visinn, and the ability to adjust focus. WOKK LNVIIZONTREN'T The work environment characteristics described here are representative of those aii employee encounters while perfanning the essencial functions ofthis job. Reasonable accoIIUnodations ma}= be made to enable individuals with disabilities to perform ehe esseutial functiotis. While perrorming the duties o( lhis job, the employee occasionall}, works in outside weather conditions. The eniployee is occasionally exposed to wet and/or humid conditions, or airborne particles. The noise level lll the work environl2ient is usually quiet ul the officc, and moderate in the field. SELECTION' GU1DELliNF-S Fornlal application, rating of education and experience; oral interview and reference check; job-related tests may be required. The duties listed above are intended only as illuscrations ef the various types of work tllat may be performeci. The omission of specific statements of duties does not eaclurie them frUm the position if the work is similar, related or a logical assignmcni to the positioli. 'I'he job description does not constitute an employment agreement between the emplpyer and employee, and is subject to change by the employer as ihe needs of the cmployer and requirements of the job chanee. Approval; Approval: Muman Itesources Manager Ciry Manaeer Effective Date: January l; 2005 Re.vision iNew History: ~ Position nescription: CenterFlace Coordinator 4 ~ 'CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 1-4-2005 City Manager Sign-off: item: Check all that apply: ❑ consent ❑ old business new business X information ❑ admin. report pending legislation AGENDA ITEM TITLE : Comprehensive Annual Financial Report (CAFR) & Audit for the nine months ended 12-31-03 GOVERNING LEGISLATION: State Law requires an annual audit of city financial statements and our procedures each year. PREVIOUS COUNCIL ACTION TAKEN: No formal council action has been taken on this subject. However, several council members attended the auditor's entrance and/or exit conferences during the last few months. BACKGROUND: The city prepares a Comprehensive Annual Financial Report at the end of each year. The document contains financial statements, an auditor's opinion on the financial ' statements and financial information on the city. The Washington State Auditor's Office audits city financial statements and procedures each year. The purpose of the audit is to issue an opinion on: 1. City financial statements 2_ Accountability for public resources 3. legal comptiance on state law, city ordinances, grant regulations and bond covenants The audit resulted in: 1. A clean (unqualified) opinion on our financial statements 2. No audit findings 3. No instances of non-compliance 4. No reportable conditions These positive results were due to the hard work of Mary Baslington, Courtney Moore and Dan Cenis. Special recognition is due Dan as he started the accounting system in the early days of incorporation, participafed in the acquisition of the financial software, prepared the backbone of our financial accounting system and assembled the financial statements. Dan's 30+ years of experience in accounting and governmental organizations provided the background needed to successfully complete our first year of financial recordkeeping. Now that the CAFR and the audit are complete, the city will send this data to individuals and organizations that have an interest in the city's financial health. These organizations include: 'Four national municipal bond clearing houses '`Bond counsels "Municipal bond rating agencies 'Bond insurance c4mpanies "Dunn 8 Bradstreet *Financial consultants *Bond underwriters `Banks *Investors 'Wa. State Auditor's Office *Bureau of Census *Municipal Research & Service Bureau RECOMMENDED ACTION OR MOTION: No council action is needed at ihis time. The purpose of this memorandum is to provide information for the c4uncil. BUDGET/FINANCIAL IMPACTS: Bankers, citizens and those involved in the municipal bond community, including bond buyers, rating agencies, bond insurers and bond counsels, like to have an independent opinion on the financial condition of the city. Without an annual audit the bond community assumes greater risk and as a result, the city vvill pay greater interest rates on city debt. ~ STAFF CONTACT: Finance & Admin. Services Director, Ken Thompson - : Annual Financial Report Ken Thompson, Finance Director Spokane Vailey Council Meeting January 4, 2005 Comprehensive annual fina.ncial report • Auditoes opinion on the financial statements pg 9 ■ Management's discussion and analysis pg 11-20 ■ Financial statements pg 22-36 ■ Notes to the financial statements pg 38-52 ■ Statistical section pg 77-86 •a~ 1 ~ I rAnnual audit ■ Requirsd by law ■ Desired by financial community ■ Purpose ■ Independent opinlon on financial statement6 • Public resource accountability - cash in the bank = ■ Legal Compliance State Law - room tax for tounsm pramotion . City ordinances - gambhng tax due Ciry . Grant requirements - lowlmod income families . Bond covenants - CenterPtace operating reserve 12IIR:1C.1 I Annual audit cont ■ Results . Unqualified opinlon on financial siatements . No findings . No instances of non-compliance . No reportable condltions . 2 Comprehensive annual financial report sent to: ■ National Dond clearing houses ■ Bond rating agencies ■ Dunn & Bradstrest • Bond underwriters , ■ Investors ■ Bureau of Census ■ Bond counsels ■ Bond insurance companies ■ Financiai consultants ■ Banks ■ State auditors office ■ Municipa( Research 8 Service Center (MRSC) J17J01 ~ 3 CITY OF SPOKANE VALLEY - Request for Council Action Meeting Date: January 4, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business netiv business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Discussion of referendum and initiative power by cities in Washington. GOVERNING LEGISLATION: RCW 35.17.240-.360. PREVIOUS CaUNCIL ACTION TAKEN: None BACKGROUND: The City Council requested information on the exercise of referendum and initiative power in cities. The attached memorandum drafted by legal intern Joshua Leonard explains in detail the basis for the powers, how they are initiated, and limitations on the exercise of the authority. OPTIONS= Instruct staff to draft an ordinance authorizing implementafion of in itiativelrefe rend u m authority; request additional information; or do nothing. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS:. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Joshua Leonard, Legal Intern. ATTACHMENTS: Memorandum regarding initiative and referendum. S`pokane ~ V 11707 E Sprague Ave Suiie 146 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ ci[yhaWspokanevalley.org Memorandum To: Cary Driskell, Deputy City Attorney; Dave Mercier, City Manager From: Joshua Leonard, Legal Intern CC: Date: December 27, 2004 Re: Initiative and referendum. 1. V1'HAT ARE THE YOWERS OF 1NITIATTVE AND REFERENllUM? These powers represent an aitempt to eiilarge the legislacive decision-making role of the general electorate. The easiest way to differe•ntiate between the powers of iniciative and referendtun is that the power of initiative is used to proposc ncw legislation, and the power af referendum is used to review legislation already Approved by the city's legislative body. Li VlFashington, ttie two powers are linked so that any municipality that adopts the power of initiative also adopts the power of referendum (and vice•-versa). A. 1niNativc The power of initiative (as it applies lo municipalities) is the power of the voters of a city to dir.ectly initiate and enact legislation. The process begius with the f ling of a pelition containing a specifietl numbi:r of signatures that proposes an ordinance for ndoption by the mutucipality. It the number of sigiiatures is deemed sufficient, the proposed ordinance musl either be adoptcd by the city cauncil or submitted io the entire electorate af the municipa.lity for a votc. Oiily ordinances may bc adopted by initiative. The initiative power is not available to adopt resolucions or motions. B. Referencfum The power of referendum in a municipality is the right oS the citizens co have an ordinance lhat has been passed by the city cauncil submitted to the voters for tlieir approval or rejection. The procE.ss begins with the filing of a petition with a rcquired ntuiiber of signatures of registered voters privr to thc cffective date of the Urdinance; which must be at least 30 days after 1 passage. [f the number of signattires is cieemed sufficient, the en'ectiveness of the ordinance is ~ suspendcd until either it is repealed by the city council or it is submitted to the voters of ttie cit}, for apprnval ar rejection in an elcction. The power of rcferendum is only apPlicable to ordinances. Resolutions, molions, aiid other council actions are not subject to r.eferendum. H. STArI"UTQRY AUTHORI.TY The powers of initiative and referendum are not automatically included in the powers granied to a first-class city or a non-chartez code eity by siatute. The state legislature must gant these powers in the enabling legislation of a first-class city or a nnn-charter code city. Cities and toxviis with the comniission form of govcriunent, whicb are rare (Shelton being the only Washington city with the conuuission form of government); au[nmatically have the powers of iiutiative and referEndum included in their enabling statutes. Only home-rule counties that have adopted charters (King, Whatcom, Pierc:e, Snohomish, and Clallam counties) have the powers of initiative and referendum (if their respective charters include some provision for the Powers). Spokane County, whicli does not have a charter, does nat have the powers of'initiativc and referendum. A. Authorizing the Exercise of the Fowcrs of Tnitiative & Refcrcndum J The Revised Codc of Washington (RCW) is the soLu-ce of iniiiaiive and referencium powers given to first class cities, eode cities that have formally adopted the powers, and cities with the commission form of government. For a non-charter code city, RCW 35A.11.080 aut.harizes the exercise of the powers of initiative and referenduiii, if the city elects to provide f.or the exercise of those powcrs ui the manner pravided in RCW 35A.02.020, 35A.02.025, and 3 5A.02.030. B. Exercising the Powcrs of initiative & RefErendum 'I`he rnethocl prescribed by statutc for exercising the powers of itutiative and referendtun is as follows: Except as provide.d in RCW 35A.11.090, and except that the number of registered vatcrs needed to sign a petitiQn for initiative or referenduin shall be fifteen percent of the total number of names of persons listed as registered voters within the cit}, on the ciay of thc last preceding city general election, the powers of initiative and referendum in noncharter code cities shall bc exercised in the manner set forth for the commission fUrm of governmeni in RCW 35.17.240 tkrough 35.17.360, as naw or hereaftcr amcnded. , 2 RCW 35A.1 1.100. The number of registered voters within Spokane Valley on the day of the. "last preceding city general election" (which was held in Novcmber 2003 1) was . Thus, in order to initiate the ccrosicieration of a legislative resolution by the gencral electorate, or in order to refer an already enacted ordinance to a vote by the general electorate, the valid signature.s of Spokane Valley rc€istcrcd voters on a petition would be requircd. The pPOV1510I1S and requirements of RCW 35.17.240 - 35.17.360, and KCW 35A.41.040(4) are discussed below. Z 1. RCV1' 35.17.240 Qnce a petition for referendum ha5 been Eileci (and is found suFf cient), the legislative body of the municipalitp is required to reconsider the ordinance subject to referenduni. Upon reconsiderutg ille ordinance, the legislative body has nvo options: First; the legislative body can defeat tlie ordinance subject to referenduin in its entirety; or seeond, the legislative body can submit the ordinance subject to referenduin to a vote of ttie people. '1"he operation of an 0 ordinance subject tp referencium must be suspended until either t1le referenduui pctition is found insufficient; or the ordinance subject to referenclum is upheld by a major.ity of votes cast in the ~referendum election. 2. RCW 35.17.250 The requirements ihat apply co initiaiive petitions (e.g., the character, form, number of signatures reyuired, the examination and certifcation process, aiid the submission lo a popular vote of the ordinance proposed by the initialive Petition) are also applicablc io referendum petitions, and to the ordinances challenged by ref erencium petilions. 3. RCW 35.17.260 Ordinances may be iniciated (or challenged by referendum) by petition of registered voters of the city. Pursuant to RCW 35A.11.100, the peiition must be signed by registcred voters in the city equal tn fifteen percent of the total number of names of persons listed as registerEd voters within the city an the day ofthe last Preceding city general election. From this Poult, the proccss for a rcferendum petition found to be sufifieient is contained in RCW 35.17.240, ' AccorclinD to MFtSC, the "last preceding city general election" for purposes of RCW 35A.11.100 would be the November 2003 electiori, as ciry elections occur in odd-numbered years (see RCW 29A.04.330). lt likely does not mattcr that the city did not actually have an elr.ction qn that date; what is impoiYant for purposes o1'the statute is that chis is the date it would have had an election if it had incorporated earlier tlian March 2009, and that ihis is the date certain from which the base number of registered voters is decerinined. a RCW 35A.01.040(4) replaced RCW 35.17.280 wich rcgarcl to cnde cities. 3 discussed above. If an initiative petition is found sufficietit, and if it contains a request that, , unless passed by the legislative body of the city, the ordinance be submitted to a vote of the registered voters of the city, the legislative body has two options: Fu•st, the legislative body can pass the proposed ordinancc withouc alteration within twcnty days after the county auditor's ceitifieace of sufficiency was received; or second, lhc legislative bUdy can cause a special election to be held on the ncxt election date (as provided in RCW 29.13.020) that occurs no sooner than forty-five days afl:er the elcction is called, for submission of the proposed ordinance, wiihout alteration; to a vote of the people. Hdwever, if a general election will occur within ninety days, submission of the proposed ordinance must be made nn lhe general election ballot; precluding tlle need for a special election. 4. RCVV 35.17.270 A petitioner prepaeing an initiativc petition for submission to the legislative body of a city must follow the procedures ofRCW 35.21.005, or R.CW 35A.01.040 for code cities. ° 5. RCW 35A.01.040(4)3 Within three ciays of the filing of a pEtition, tlle officer with whom the petition is filed shall transmit the petition to the county auditor. The oFficer whosE duty it is to determine the sufficiency of the petition (the_ ctiunty auditor) sha11 praceed to make such a determination with rcasonable prompmess. The county auditor is required to file a certificate reflectule the petition's "terminal ddte" wilh the officer who initially received the filed petition. The "terminal datc" is thc date on which the determination of sufficiency was begun. Additional pages of one or more signatures inay be added to tlle petition by filing with the appropriaCe {iling officer prior to the tennination date. Any signer of a f lecl petition may wiehdraw his or her signature by a wriiYen request for witlidrawal filed with the receiving officer prior to the terminal date. 6. 17CW 35.1.7.290 If the petition is dcemed insufficienl by thc county auditor, or if the ]egislative body of the city refuscs to act on a suffcient petition as required by statute, any taxpayer may conimence an action in the superior court against the city lo obtain a decree orcieruig an election tn be held in the city, i f the court finds the netition to be sufficient. 7. RCW 35.17.300 ' See vote 2, above. 4 As to the f4rm of an election wider the pawers of initiative and referendum, pllbllGc1t1011 of notice, the election, the canvass af the returns, and the declaralion af the results arc to be conducted in the same way as arc other city elcctions. Any rnimbcr of proposed orciinances or refcrendum items may be voted upon at the sanle electiou; but only one special eleclion for the ptu-pose of eacrcising the powers of initiative and referencium may be called during any one six- month period. 8. RCVV 35 1.7.31.0 The city clcrk is rcquired to cause the ordinance or proposition that is to bc submiited lo the votcrs at an election to be published once in eacli of the dai]y newspapers in the ciiy. This publication is in addition to the notice required by RCW 29.A.36.080. 9. RCW 35.1.7.330 tf the majority of votes cast in an initiativic election favor the proposcd ordinance, the ordinance becomes effective immediately and is madE a part of the city's record of ordinances. If the majorit), of votes cast in a referendum election are against rePealing the ord'uiance referred to the gcneral electorate for avote, the ordinance becomes effective (pursuant tn RCVJ 35.17.240). ' 10. RCW 35.1.7.340 Upon the adbption of an ordinance initiaied by petition, or the apPrbval of an ordinance subject lo referendum (pursuant to RCW 35.17.240), the city clerk shall write on the margin of the recorci "prdinance by petition Nlo.....;" or "ordinancc by vote of the people.." Such an ordinanee cacuiot be repealed or a.mended except by a vote of the people. The legislative bociY Uf a city may, however, Propose an amendment by resolution, and cause the proposed amendment lo be put to a vote of the people. 11.. A Ni;►te Un the Sufficiency of Petitions l3efore a petition can initiate the direct cqnsideration of new legislation by the people; or in arder to require already enacted legislation to be referred to a vote of the people, the county auditor must deein a petition to he sufficient. RCW 35A.01.040 contains the suFficienc}, requirements for a petition filed for either initiative or referendum in a code city. Among those requirements are: (a) format specifications; (b) a prescribed waining statement; (c) the requirement that a tnie copy of aii ordinauce to be initiated or referred bc included; (d) reference lo applicable siate statute or city ordinance (if any); (e) the format of signatures; and various other requirements. 5 The requirement found in RCW 35A.41.040(8) pcrtains to the time period in whic.h a petition must be filed with the city clerk to be forwarded to the county auditor for a determination of suf.f ciency. It reads: "Signatures Fallowed by a date af signing w1iich is more than six months prior to the date of filing of the petition sball be stricl:en." RCW 35A.01.040(8). The practical effect of this provision is that a six month time limit on the validity of a signature begins to toll as of the signing of that sigr►ature. Thc reference to the "date of filing" likely means the date the pctition was filed witli the city clerk; rather tlhan the "ternlinacion datc" previously disc:ussed. RC`'V 35A.01.040 also provides that "[p]etitions containing tlhe required number of signatures shall be acccpted as prirna facie valid until their invalidity has been proved." RCW 35t1.01.040(5). This provision places the burclen oF proof on a pariy who seeks to have the petition deemed insufficient or invalid, once the peiition is shnwn to contain the requisite ntuiiber of signatures. Iil. .LIlVIITATIONS ON THIE USE OF I:NITIAT:IVE. & REFER:~NDUM I..imitations on the exercise of the powers oE initiative and referendum cdn be found in state scatutes ancl also in applicable case law. A. Statutory I..imitaNons on the Exercise of Refcrendum Power The statute that grants the power of referendum to code cities inc:ludes a list of types o{' ord'uiances ttlat are not suvject to the exercise of refercndurn power. "rhese exempl ordinanccs are not subject to the thirty-day waiting pcriod far ordinances. ThE list of exemPi ordinances is as follaws: 1. Ordiiiances initiated by petition; 2. Emergency ordinances necessary for the immediate prescrvation of Public peace, health, and safety that contain a statement of tirgency and are passed by a unailimous vote hf the city legislative body; 3. Ordinances proviciing for local improvement districts; 4. Ordinances apPropriating money; 5. Ordinances proviciing for or approving collectivc bargaining; 6. Ordinaiices providing for tlie compensation of or work.ing conditions of city employees; or . 7. Ordinances authArizing or repealing the lr,vy of taxes. / 6 RCW 35A.11.090. These tylaes of orclinances take effect as provided in gencral law. J B. Other LimitaYions on the Exercise of the Powers of ).nitiative find Referendum Washington courts have recogni7ed additional limitations on the use of the powers of initiative and referendum. Courts have employed two tests to determine wliether an ordinance is b-lyond the scope nf direct legislation by the penple in the forni of inifiative or referendum. The firsi test relates ta the fonn of the underlying aciion. The second tcst relates to whom the grant o(' legislative authority is direcied. l.. Whether the Underlying Acticin is Legislative or Administrative If the action is administrative, it is not subject to the powers of initiative and refer.endum. Lf it is legislative, it may be subjeci to initiative and referendum (depending upon the outcome of the seeond test). The scope of the powers of uutiative and referendum is restricted to ordinances adopting legislative policy. There are t4vo tests consistenliy used by Washington courls to malce the determ.ination as ta what actions are adtninistracive and what actions are legislative. Nirst, actions relating to subjects af a permanent anci general character are usually determined to be legislative in nattirc, and dctions tal:en on subjects of a temporary and special cbaracter are usually regarded as administrative in nature. Secnnd; the action is usually lesislative in naturc if it prescribes a new policy or plan, whereas it is administrative in naturc if it merely pursuES an existing policy or plan. Evet1 with thesc tests as guides, the disiinction between legislative matters and aclministrative maiters is iiol always clear. The following is a represcntative exainple of Washington court cases that address the characterir.ation of actions as eiChc;r legislative or administrative: a. Ruano v. Spellman, 81 Wn.2d 820 (1973) -"l"he sclection of a eontractnr and ather actions incident to a building contract are administrative in nature. b. I-ieider v. Seattle, 100 Wn.2d 874 (19$4) - l\n amcndment tu a comprehensivc street name ordinance is an administrative acCion; sincc it is enacteci pursuant to a plan already adopted by the legislative body. c. Leornard v. Bothell, 87 Wn.2cl 847 (1976) - A site specific rernne amendment is an I i administrative action; as it implements the existing zoning codc or comprehensive plan. 7 d. Ballasiotes v. Gardncr, 97 Wn.2d 191 (1982) - The implementarion of a punch-card , balluting system is legislativc in nature. c. Earle M. Jor_ ensen Co. v. Scattle, 99 Wn.2d 861 (1983), and Scott Paper Co. v. Aiiacories, 90 Wn.2d 19 978) - The setting of rates is a legislative act. f. Durochee v. King County, 80 Wn.2d 139 (1972) - The act of granting an unclassified use permit is administrativc in nature. g. Citizens for a Financially Responsible Government v. Spokane, 99 Wn.2d 339, 662 P.2d 845 (1983) - The enactment of a business and occupation tax is considereti lcgislative in nature. h. Pagel v. Logan, 78 Wn.2d 349, 474 P.2d 247 (1970) - A dccision rcgxrding where to locate a multipurpose stadium is a legislative act. 2. VVhether the Authority for a Particular Action was granted by the Ilegislaturc to the City Council or to the Tlcctorate as a Whole If the statutory authority to underlake a particular action was granted specifically to the city council, the powers of iiutiative and referendum arc unable to be exercised. Flowever, if the legislative grant of auttiority for an action was to ttie corporate entity, namely the electorate as a whole, dirECt legislation in the form of the exercise of the powers of initiative and referendum is available. The idea belund this distinction is thAt where the legislature has expressly granted authoriry to the city council, that authority may not be subject to the power of the people to enact or repeal legislation directly through the initiative or reFerendum process. The first step in this cesc is to deiermine if the instant aetion is spcciiically authorized by the state legislature. If so, the second step is to detennine to whom that authority is granled (be it to the city council ar the corporate eutity). A granc of authority specifically to the city council precludes excrcise of the powers of initiative and referendum as to that authorify. As in the first test, above, the distinction beriueen authority granted specifically to the city council and authority granted to the eleetpratc as awhole may not always be clear. The following are examples of cases ui which Washington courts have exaituued specific issucs to dcterinine whether the undcrlping action was subjcct to initiative and referendum bascd on the "Grant of Authority" tesl: , 8 a. Leornard v. Bothell, 87 Wn.2d $47 (1976) - A referendum challengin ; a rezone , amendment was not allowed by the cpurt because the city council, nat the electoratc as a whole, was granted auih4rity by the legislattire to adopt and madify tlle zoiung codc. b. State ex rel. Bowen v. K.ruegel, 67 Wu.2d 673 (1965) - An ordinance providing for anneration is nor subject to a refereudum because the powers of aiwexation were grantecl by ttie legislature to the mayor and city council. c. Citizens for Financiallv Rcsponsible Government v. Spokane, 99 Wn.2d 339 (1983) - An t►rdinance catcnding a busioess and occupation tax wfis subjcct to a referendum in a i:irst class city because neicher the state constitution nor the state legislature restricted that taxing power to the cit_y council. d. State ex rel. Haa.s v. Ppmerov, 50 `'Jn.2d 23 (1957) - An ordinancc setting utility rates for a municipality-qwned watcr system (being tinanced by revcnuc bonds) is nat subject to referendum becausc the authoricy to set utility rates was granted to the city cauncil. [:V. ARGUME\TTS FOR A1~TD AGAIiS'C T:E[r POWERS OF INITTAT'1VF, A-ND RE-FERENDUM Both sides of the initiative and referendum argument agree that mosi ae.tions of government are best hajidled by elected representatives. Fven those who advocate widespread use oi' the po,.vers of initiative and refcrendum agree that such powers are supplemenial to the nornial legislative process. A. Arguments in Favor uf the Powcrs of Initiative and Referendum "I hosc in favor af the powers of uutiative and referendum argue that these powers represent "direct democracy" at it:s most fundaniental levcl. Supporters feel that initiative and re.fe.rendum powers ncutralize special interest groups, curtail corrupl:ion, provide a means for civic education, anti put pressure on public officials to act in the public uiterest. R. Argumcnts against the Yowers of Initiative and Rcferendttin Crities of the powers of initiative ancl referendum aroue that thcy unclereut repre.sentative government by removing lavvinaking authority from the hands of elected officials. OpPonents feel that these devices result in unworlcable laws, because they reduce complex issues to a"yes" or "no" vote by voters who may not be as well-inlormed on the iutricacies of the particular issuc at hand as those electetl lo represent the public as lcgislators. Reliance upon tlle powcrs of 'i_nitialive and referendum, argtae adversarics of the powers, results in crudely draftcd laws tllat 9 have not been subjectecl to the usual compromisc-effecting process ot "givc-and-take" legislative cnacttnent that is the trademark of rcpresentative democracy. - V. ABANDONMENT ()F INI7'lATTVE AND REF.EltE, N1JCTM: Although a commissi4n city may not abandon the powers of initiative and referendum (unless the city changes to another fonn of government), a first class city or a c.ode ciCy may later repeal or abandon the powers. In a commission city, the p4wers are built into the co►nmission form of government by state stattrte, and no provision is included for repeal of the powers. First elass cities c:an relinquish or abandon initiativc and referendum powers by amending their charters. The procedure for a code city to abandon or repeal uutiative and referendum powers is ttie same as is provided for abandnnment of government by a code city. The Procedure is summarized bElow. A. Initiation of Abandonment There are riwo ways to initiate the repeal of initiative and referenduui powers. The first is for ihe city council to pass a resolution of intention; proposing abandonment of inifialive and referendum powers. The second is for the citizens to petition for abandoiuiient of the powers. The Petition must be signed by qualificd clcctors eyual in number to not less than ten perce_nt of tlie voles cast at the last general municipal election. Six years must have passed since the adoption of the powers oi' initiative and refcrendum before the process of abandonment of t,hese powers can cnmmence. B. Citywide Election Once the pecition has bee.n found sufficient by the eity clerk or i:he resolulion of intention has been approved by the city council, an clection of a11 city citizens must be held. The eleetion should be helci at thc next general election (if one is scheduled within 180 days) or at a special election as providcd in RCW 29.13.020. C. Election Outcomc If a majority of the voters at the election vote co repeal the po4vers of initiative and referenduin, they are zelinquished and no longer available. v1. coNcLusroN The powers of initiative and reFerendum have been adoptcd for usc in several Washington municipalitics. All ten first-class cities have adopted the powErs in their respeccive charters. The powers of initiative and referendum are available to all cocle cities, but they must 10 ~ be specifieally adopted by each city. ivlost of the code cities in Washington have never formally adoptcd these powers. Third-class cities and fourth-class towns are uot statutorily aut}iorized to adopt the powers. I❑ C1T1eS Wherc the powers of initiative and referencium are not availablc or have not bcEn specifically adopted for use, a city council may still submit an issue directly to citizens on an advisory ballot. Uillike ali initiative or re,Ferencium vote, however, the results of an election on an advisory basis are not binding. Use of tbese Powers of "direct democracy" is o-ften the cause of litigalion, ofien ovcr whether apareieular issue is subject to these pnwers, or to detcrmine whetlier the language used in an initiative or rcfcrendum petition complies with the law. Court detenninations are made on a case-by-case basiS, after Examinuie the par[icular circumstances of a casc. 11 I \ The Powers of 0 1 n itiative Referendum What are the Powers f o Initiative & Referendum? These powers represent an attempt to enlarge the legislative decision-making role of the general electorate. In Washington, the two powers are linked so that anY municipalitY that adopts the power of initiative also adopts the power of referendum (and vice-versa . , . \ I \ / \ The Difference Between Initiative & Referendum: The power of initiative is used to propose NEW legislation. The power of referendum is used to REVIEW legislation alread a roved by Y pp the citY's legislative body. INITIATIVE • Begins with the filing of a petition consisting of a specified number of signatures. • If the number of valid signatures is deemed sufficient, the proposed ordinance must either be adopted by the city council or be submitted to the entire electorate of the municipalitY for a vote. • Only ordinances mav be adopted by initiative. The initiative power is not available to adopt resolutions or motions. i i REFERENDUM • The referend u m process formally begins with the filing of a petition containing a specified number of signatures of registered voters. • The petition rnust be filed prior to the effective date of the challenged ordinance (the effective date must be at least 30 days after passage). • If the number of signatures is deemed sufficient, the effectiveness of the challenged ordinance until either (1) the ordinance is repealed by the city council, or (2) the ordinance is submitted to the voters of the city for approval or rejection. • The power of referendum is only applicable to ordinances. Resolutions, motions, and other council actions are not subject to referendum. ■a■ nii~ve Referendum Sufficiency of Petition: • RCW 35A. 11. 100 • The petition must be signed by registered voters in the city eq ual to fifteen percent (15%) of the total number of names of persons listed as registered voters within the city on the of the last preceding city general election. • last preceding city general election = November 2003 general election • registered voters in the City of Spokane Valley. , valid signatures are required for a petition to be deemed sufficient. ; ( Stat.utory Authority Counties • Only home-rule counties that have adopted charters (King, Whatcom, Pierce, Snohomish, & Clallam counties) have the powers of initiative and referendum (if their respective charters include some provision for the powers). Cities • The powers of initiative & referendum are not automatically included in the powers granted to a first-class city or a non- charter code city. State enabling legislation must authorize the grant of these powers. • A city may provide for the exercise of the powers by its citizens, if authorized by enabling legislation. • Commission cities & towns automatically have the powers of initiative & referendum included in their enabling statutes. Limitations on the Exercise of Referendum Power The statute that grants the power of referendurn to code cities includes a list of types of o rd i n a n ces that a re n ot subject to the exercise of referendum power. Ordinances that are Statutorily Exempt from.Referendum The following types of ordinances are exempt from referendum, and thus are not subject to the thirty-day waiting period for ordinances: - Ordinances initiated by petition; • Emergency ordinances; • Ordinances providing for local improvement districts; • Ordinances appropriating money; • Ordinances providing for (or approving) collective bargaining; • Ordinances providing for the compensation of or working conditions of city employees; and • Ordinances authorizing or repealing the levy of taxes. Limitations on the Use of Initiative & Referendum • Washington courts have recognized additional limitations on the use of initiative & referendum powers. • 2 tests are used to determine whether an ordinance is beyond the scope of "direct legislation" by the people in the form of initiative or referendum. , ; , . Test • Whether the underiYing action is legislative or administrative in nature. • If the action is administrative, it is NOT subie~ct_ to exercise of the powers of initiative or referendum. - Actions taken on subjects of a"temporary & special character" are usually regarded as administrative acts. - If the action merely pursues an existing policy or plan, the action is likely administrative. • If the action is legislative, it MAY BE subject to exercise of the powers of initiative or referendum. - Actions of a"permanent & general character" are usually determined to be legislative acts. . - If the action prescribes a new policy or plan, the action is likely legislative. Test #2 • Whether the authoritY for a particular action was granted by the legislature to the cit y council or the electorate as a whole (a.k.a., the "Grant of Authority" test). ~ If the authority to undertake a particular action was granted specifically to the city council, the powers of initiative and referendum are unavailable. • If the authority to perform an action was to the corporate entity (namely the electorate as a whole), exercise of the powers of initiative and referendum may be authorized. t _ , . i ~ ` . . Arguments in Favor of the Powers of Initiative & Referendum • Initiative & referendum represent "direct democracy" at its most fundamental level. • Initiative & referendum powers: - neutralize special interest groups, - curtail corruption, - provide a means for civic education, and - put pressure on public officials to act in the public interest. Arguments Aga i nst the Powers of Initiative & Referendum • The powers of initiative & referendum undercut representative government by removing lawmaking authority from the hands of elected officials. • Initiatives and referendums result in unworkable laws, because they reduce complex issues to a "yes or no" vote by voters who may not be as well- informed on the intricacies of the particular issue at hand as those elected to represent the public as legislators. • The powers or initiative & referendum result in crudely drafted laws that have not been subjected to the usual com prom ise-effecti n g process of "give- and-take" legislative enactment that is the trademark of representative democracy. , _ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 4, 2005 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: Discussion on amending SVMC 6.05.080 relating to infractions for violation of partc rules. GOVERNING LEGISLATION: SVMC 6.05.080. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: SVMC 6.05.080 states that anybody who violates SVMC 6.05.030 - 070 shall have committed a class 1 infraction. (SVMC 6.05.030 - 080 are provided for your review.) A class 1 infraction in District Court results in a$250 fine plus court costs and fees. The 4otal cost to the citizen is $512.00 ($2501512). Chief Walker advises that a class 1 infraction is unusual for this type of violation. That assertion was echoed by District Court Administrator Ron Miles. Staff requests that Council members review the types of violations contained in SVMC 6.05.030 , - 070 to determine whether a reduction in the classification of the infraction (and thus, the fine) is appropriate. Other matters for which a person could be cited as an infraction in our City include: Open alcoholic container (SVMC 8.20.020) is a class 3 infraction; Urinating in public (SVMC 8.20.100) is not listed as a class of infraction, but lists a fine of $100. With court costs, that comes to $205. Options include reduction to a class 2 infraction, with a fine of $125/257; or a class 3 infraction with a fine of $501103. Please note that the more serious types of offenses, such as destruction of park property, damage to wildlife, possession of dangerous weapon, etc., would still remain as criminal charges pursuant to SVMC 6.05.100, and thus potentially be subject to jail. OPTIONS: Instruct staff to draft an ordinance amending SVMC 6.05.080, request additional information, or do nothing. RECOMMENDED ACTION OR MOTION: Consent to have staff draft an ordinance reducing the class of infraction. BUDGETlFINANCIAL IMPACTS: There may be reduced revenue, although no tickets have been issued for violations to date. STAFF CONTACT: Cary P. Driskell, Deputy City Attomey; Mike Jackson, Parks Director. ATTACHMENTS: SVMC 6.05; Infraction penalty schedule; RCW 7.84.120 Spoklne Valley Ntunicipal Code 6.05.050 Chapter 6.05 upoii, or by which any persans or properly may be transported ur drawn, and shall irn;lude, but not bs PAItK REGUI.A'('If)n'S limited to, automobiles, trucks, mntore_ycles; motor scooters, jeeps or similar-typc four-ivheel-drive Sections: vehieles, and snowmabilcs, whedier or not they 6.05.010 Definitiuns. c.aii be legally operated upon the public hiyhways. 6.05.020 1'urpose. "Open spacc, ri•ails or parl;s," collectively 6.05.030 Haurs of operatic>n. referred tn as "City par}:s," me:ins any rccreacion or 6.05.040 Facility and outdoor field lights. simi lar resl property tmcier the ownership, tnanage- 6.05,050 Special event permits. ment, or control of the Ciry. 6.05,060 Sale of goods or scrvices. "Person" rnc;►ns any indivictuaf, grotip, firrn, 6.05.070 Rules boveming use of Ciry parks and partnership, corporation or club. fOCIlIUES -VIOI8t10R 7 CldSS I CIVIl "'I'rail" means any path, track, or rieht-of-way infraction. designed for use by pedestriaiis; bicycles, or other 6.05.0E+0 Violation - Penalty. iionniotorized modes of transportation. (Qrd. 65 6.05.090 Rules gavcrning use of City parks and § 1, 2003). facilitics - Violation a misdemeanor. 6.05.100 Violation - Penalry. 6.05.020 Pu rpcrse. 6.05.110 Administrative santtiuris. The Ciry of Spokane Valley City parks, includ- 6.05.120 Rules and policy. ing facilities and Programs of the dep<<riinent, are esr:iblished and maint.ained by thc Ciry for public 6.05.010 nefinitions. recreation ptuposes. (Qrd_ 65 § 2; 2003). The fullowine defmitions shall be used in this chspter: v 6.05.030 Hours of operation. "Alcoliolic bevers~es" or "liquc~r" shall Ue Unless otl~erwise estahlished by dle d'u•ector, def neti as set forth in RCW 66.04.010 and shatl Ciry parks shall be open at dawn and closed for use include alcohol, spirits, wine and beer. at 10:00 p.m. (Ord. 65 § 3, 2003). "Campine" cneans erecting a[ent or sheltcr or ~ arraneuig bedciing or both for the purposc of, or in 6.05.040 Facility and outdoor field lights. such a way as +vill pernut, remsiniiig overnight; or Use of i°acilities Sunday tlu•ough Thursday shall parking a trailer, van, recrcatioual vehicle, bus, cease at 10:00 p.m. uiiless othenvise 3pproved by camper, or other vehicle for the purpase of remain- the director. Use of facilitics on Fridays or Saair- iiie ovemight. days shall cease rit 1 1:00 p.m. unless othenvise "City" means the City of Spol:ane Valley, approved by the clircctor. (Ord. 65 § 4, 2003). Washineton. "]7epartment" means the Ciry of Spol;dne Val- 6.05.050 Special cvent permits. lcy par}:s deparlrnent. City parks anci facilities are available for private "lacpar[meitt employcc" means a cluly use by oroups or oreatiizations through a spccia] appouiied City of Spokane Valley parks depart- evr.nt percriit. Special evcnt perrnits tnay incltade ment employce. scheduling use of facilities for any community spe- "Du•ector" means the city nianagcr or desienee cial event, private evcnt, sports or entei-taiiunent who is anticipatect to bc the clirector of Lhe parks event invulving more than the ruucine usc af 9 par4: depaitment. or a gattienng of 15 or moi•e people. "Facility" or "facilities" mewis any building, Where appropriate, special eonditions for the enuipment, sign, material, sheltcr, swimming paol, event will be cstablished by the department and or other physical property including but not limited included in the permii. The department reserve.s the to aclministcred trees, shrubs, plants, lawns, play right to eaneeJ s pennit f'or gooc{ cause. lf reason- equipmeiit; henches, tables, picnic areas, athleiic ably possible, notice of cancellatipn shall bc given I'ields, teails, or parking and peclesLrian areas at Icast 24 hours in advance of thc evrent. (ineluding curbs, sidewalks and dnveways or inter- A cancellation or denial of a special event per- nal roads) fbr motor vehicles, persons or stnicRires mit may be appealed ta the city council by filin¢ a owned or cotttrolled by the City of Spokane VaUey. vvritien appeal %vich dhe ciry clerk „rithin 10 days of "Motor vehicle" mcans any self-propelled che date of the decision. Upan such appeal, the city device c,apable of being moved trpon a road, 9nd in, ` 6-3 6.05.060 council may reverse, affirin or rnodify the depart- the departmerit. NlO person shall park, lebve stand- ment's dct.ision. (Ord. 65 S 5; 2003). ing, ar ubandan 3 vehiclc in any fscility sCter clos- 111~,' [1[11f tXl'l'.pl pCCSU11S USlllg; park facilitics as Part 6.05.060 Sale of goods or services. of an event authorized by the depamnent. Any The sale oi' goocls or services io City park.ti or vehicle found in violation nf [his subsect.ion may facilities shal) be allpwed canly thrcyugh written be tOwecl away at lhe clwner'S e:xpense. ThiS sub- agrezmenc with the City. (Ord. 65 § 6; 2003). sectiun shall not lpply to maintenanc;e ancl emer- eencv vehicles or vehicles authorized by [he 6.05.070 Rules governing use of City parks depariment. and facilities - V iolatian a cl3ss 1 1. Motor VehicleS - Spe.ed l,.imits. Nq perspn civil infracYion. 5ha11 drive a mU[or vehiclc within any Citv park or A. Camping. n'o perSpn Shall carnp in any City facility ac a speed greater [han posted, havino, due park or faciliry, unless ottieitivise desienated. regard for traffic, surface and widtli of the road: B, Fi.res. No person shall ignite or maintain any and in nn event at a speed which end:ingers tlie fire or participate in igniting, maintaining or uSing satecy pfpersons, property, pr wildliPe. any Cire within opcn space; trail or park or facility J. F'arking Lots and Roadway - Games Prohib- except icl a desienated barbecue iuii[ or in a desig- ited. Games of any kind are proliibited in parkuie nated fire pit unless authonzed hy the departmenc. lots and roadways. C. H4od Waste; Washinp of Clathes ar Ani- K. }'cts. mals. No person shflll clean fish, or other food, or l. Dogs, peLS, or domestic animals are not wash any clothing or ather articles for persona] or perinitted on any designated picnic area, teiirii5 hnusehold use, or anY dUg or othcr anirnal except ttt court or play ares in any Ciry park or in a»y build- dcsignaced areas. ing tuiless specifically perrjiitted by posted notice. D. Game Fisli. All laws, ni(es and regulations This subsection shall not apply to animal ouide of the Statc Gsme Cornmission relatino [0 SC8S911 dogs. limitti snd cnethods of fshing cire applicable to fish- 2. Dogs or other pets or domestic aivmals ing for game fisli in park areas. No person may fisli must be kept o❑ a leash no greater than 15 feet in -for, or possess any fish tak.en from any river, lake, Iength, and uncter control at all times. ppnd; strescn or ocher body of water which is 3. Any person whose dog or odier pei is in posted with a sign prohibiting fishing. any open sp<<ce, trail or park area shall be resPonsi- b. Horseback R.icliog. Horses are not permictEd ble for the conducl hf the animal and for removing un any City park or 6zciliry, unless permitted by the feces cleposiced by such snirnal. clire.ctor. 4. No person shall allow his an cer dog or F. Littering. Litterine in City parks and facili- other pet or domesdc anunal to bite, disturb oi• ties is not permitied. All waste and garbage shall be harass any faciGty users, wildlife or other pets. No disposed af i❑ a garbaSz can or ocher receptaele psrson shall permit his or lier dog or otlier pet or desigoect Cor such purpose. dc,mestic animal to bark or make noise continu- G. Molor Vehic;lcs nn Park Praperty. iNo perstin ously or othenwise unre:tson.+blv disttirb the peace shalf nperate any mptqr vehicle on open space, trail and tranquility. No pcrsoti shall permit dogs, pfts or park property unless stich ,:irea has been speeiii- or clomescic animals tcy damage, deslrc,y or remove cnlly designated and posced for such use. No per- park <<egetation. son shall operatc a motor vehicle within the L. Prr.sence in Cic_y Facilicies When Closed_ iVo boundlries of a Ciiy park except on roads, sn•eets, person stiall enter or be present in facilities wht.n highways, Parking lot;, parking areas, or wherc clpsed except penpns u5ing lacilities as p1rt of an otherwise pennittcd by postcd notice. This subsec- event au[horiud by [he departmenc. tion shall not apply to emereency, maintenance or M. Skateboards and Rollerblades - In Desig- authorizecl velucles, nated Areas Only. No person shall be pennitted ro 1I. Motor Vehicles - Part:ing. No operator of s}:ateboard or rollerblade in park facilities unless any motor vehicle, trailer, carnper, boat t:railer, or othenvise designated by the department. other vehicle shall park such vehicle in sny C:icy N. Spunc! Ampli(ieation. Vo perSOn sha1) tise, ptirl: Ur facility cxctpt vvhrm [he opera[or is using operate or play in a Ciry park any radio, tape the area for the dcsignaced recreacional purpose and player: disc player; television, musical instivment, - - the vcliicle is pari:ed eiche.r in dhe desienated park- record player or any other machine or device pro- ino area, or in another area wi1h the peiniission of ducing sound at a volume that is 3udible at a dis- 6-4 Spokane Valley Municipal Cc►de 6.05.090 tancc of over 30 feet therefi•om excEpt pursuant to 6.05.090 Rules governing use of City parks ; s permit issued by the department_ and facilitics -Viulation a 0. Swimming. Swinuning shall only be perniit- misde►neanor. ted in postecl areas. A. Alcohul Coasumption. tvo person shall P. "Cen1s 1nd ShelLers in Farks. Unless autlto- knowingly allow, conciuct, hold; rnaintain, or con- rized by the clepartment; no persori shall erect, sume alcohol in City parls or facilities without. Grst maintain, use 4r ac.cupy a tempnrary tent or shelter ubtaining a pennii frorn che department, in any City park or facility unless there is an unob- B. Designated Areas. The citv council shall, sGructed view throtigh such tent or shelter frnm at through resotucion, desienate spec.i(ie areas in Ciry least nvo sides; provided, however, Lhat nothing in parks and facilities where alcohol may be con- this subsectipn shall be construect to authorize suined after obtaining an alcoholic beverage per- overnight eamping. mit-. Q. `T'rail Use. C. Application for Alcoholic Beverage I'crmit_ l. For the purpasrs of this sub5et.tian; "tr1i1 Applic.ation for pennits shall be in writiiig aiid filed use" shall be C0J1StrUEd to include all fornis of wich tlie department. 'Che spplication shall be filed movement or tmnsportacion on a trail, including no less than 10 days prior to the gatlierinb at which but not limited to foot, bicycle, horse, skateboard, alcohc,lic beveraees will be consumcd. Fecs for rollerskates anc1 mllerblades. such permits shall be esaiblished by cc,uncil resolu- 2. Trail use is open to al I nonmotorized users tion.l'he depariment shal l prescribc the forrn of the unless otherwise designated and posted. Trail use application, which shal] include name and age of restrictions may he posted flt park entranceti, tr1i1- applicane, nublic place where permit is to be used, heads or, in sorne cases, on inciiviaual ti-ails. rype of activiry, date nt' activity, mca.sures to con- 3. Every person traveling on a trail shall trol the consumption of alcoholic beveraees and obcy the uistructions of any official traffic control such other matters as deemed appropriate by the device or Lrail sign unless othenvise clirected. clePartrnent. 4. No motorized vehicles shall be allowed on The director shall review and either approve or City trails. For thc purposes of this subsection, deny the application «<ithin five diys from reccipt. %"motorized vehicles" means any fomi of transpor- The clirector msy impose reasonzble conciitioos tstion powerect by an inceiYial combustion or eleo- upon thC ptrmit. A denial by the director may bE tric motor. This includes but is not limited [o motor appealed to the city council wiGhin 10 days from vehicles, golf carts, mopeds and all-terrain vehi- the date of the denial. cles. This subsection shaU not apply to wheelchairs D. Dimage to }'roperry. No person shall nowered by electric rnators, or authorized mainte- remove, damagc, or destroy any area in a City park nance, police or emergency vehicles. or fi, cility. R. Trespassing, No person except an authoriz,ed E. Damaee to Wildlife. Except for fishinD and City employec, or other persan chily autharized, shellfishing in authorized arcas and subject to rules shall enter or go upon any area or facility which has promulgaied bY the Washingtnn Slace Fish snci been desigtlaced and postcd as n"No Admittance" Wildlife Commission, it is unllwfiil in any park to or "~1o Trespastiing" 9rea or during any Limu when capture, attempt to capture, tease, annoy, disturb, the park is closed to the public. or strike any bircl or animal; or tu throw or oCher- S. Washing of Vehicles. No person shall clean wise propr.l 3ny object at or in the vicinity of any or wash any motor vehicle in any City park or facil- bird or anunal, ity excepi in arcas spt.cifically design3tecl for that P. Dumping, in Water Prohibited. No lierson use. (Ord. 65 § 7, 2003). shall deposit any waste or refuse o1' ai}y nature; including Iiuman or animal waste, int.o any river, 6A5.080 Viialation - Penaltv. sLream, lake or otlier bocly of water running in, Any pLrson violating any prc)vision of SVMC tt►rancll; or adjacent to any City park. 6.05.030, 6.05.040, 6.05.050, 6.05.060 or 6A5.070 G. Fireamis, Wcapons. r'o person except duly shaU have committ.et3 a elass 1 civil infraetion. authorizecl law etiforceinent personnel shall pos- (Ord. 65 § 8, 2003). sess a firearm, bow and arrow, crossbow, or air or gas weapnn in a City park or iacility. No person shall clischaree across, in, nr anco any faeiliry a fii•eatm, baw and arraw, crossbow, 1ir or gas weapon, or any tlevice capable of inju.ring or kill- ' 6-5 6.05.1 fl0 `--J iug any person or anittial, or damaeing or destroy- iiie any public or private properry. "1'his subsection shall not apply where the department issueci a sPe- cial c.vc»t pEnnic fyr such activiry. N. rireworks. No pcrson shall possess, dis- charge, or cause to be discharged, in any City park or facility, any firecracker, torpedo, rocket, Gre- work, explpsive, ar similar device unless su autho- rizcd hy the departrnent. 1. Incerfereiice with Teails. No person shall place, deposit, or othelwise locate any object, stnicnirz or device, whether nahiral or artificial, that [hreatens or endringers any trail, or that threat- ens or endangers any person traveling thereon. This subsection shall not apply to City emplvy- ees in the per1"prmance af thrir clutics or to persons sccino pursuant co wri[tcn direc.cion of the City. J. Outside Household or Commercial Waste. No person Shall bring in Ur c(cpasit household or commercial parbage, rcfusc; waste, oe nibbish tifiich is brought in such forin fi•om 1ny private property, lf1 1[1y Cit), park or faciliry garbage can or other receptacle. K. Removal of Prpperty. N°o person shall rcmove any Ciry property from a Ciry park or facil- iry widiotit the permission of'the department. ; L. Solic:itation. No person shall saliciL sell, or ' pec(cllc any goods, scrviccs, faod or drin}:, or dis- tribute or post any liandbills, circular;, or signs, or use any lqucispeaker or bther amplifying device, itt any City park, except by contract or by permii issued by the department. M. l~t'aste from Vehicles. No person ;hall cirain or dump mf'iise or visste from any trailer, camper; automobile or otller vehicle in 1ny City park or facility. (Ord. 65 y 9, 2003). 6.05.I00 Violation - Penalfy. AnW person viblating any prUVitiiqn ()f SVtvqC 6.05.090 sltall Ue guilty of a misdemeanpr. (Orcl. 65 § 10.. 2003). 6,05.110 Administrative sanc[ions. In addition to any prescribed penalty, any per- son failing to comply with anv prnvision of [his chapter shall be subjcc[ to tlle loss of park or recre- ation faciliry_ use privileges. (Ord. 65 § 11, 2003), 6.05.120 Rules and policy. The ciry manager or designee may cievelop rules, policies anct fomis to impltment this chapter. All atlopted rules, policies and forms sllall be filed ~ with thc ciq, clerk. (Ord. 65 ~ 12. 2003). 6-6 Base Penalty to Bail Amount Computation - INFRACTIONS _ Per S#ate AOC guitfefines Base Penalty Traffic Infraction Non-Traffic Infraction (the city ordinance amount) 8ai1 Amounts to be used by Officers (includes State assessments) $25.00 $77.00 $52.00 $50.00 $128.00 $103.00 $75.04 $179.00 $154.00 $100.00 S230.00 $205.00 $125.00 $282.00 $257.00 $150.00 $333.00 $306.40 $175.00 $384.00 $359.00 $200.00 $435.00 $410.00 $225.00 $487.00 $462.00 $250_00 $538.00 $513.00 $275.00 $589.00 $564.00 $300.00 $640.00 $61 5.00 $325.00 $692.00 $867.00 $350.00 $743.00 $718.00 $375.00 $794.00 $769.00 $400.00 S845.00 $820.00 $425.00 $697.00 $872.00 $450.00 $948.00 $923.00 $475.00 $999.00 $974.00 $ 500.00 $1,050.00 $1, 025.40 $37.00 $101.00 $76,00 ` ~ Page l of 1 RCW 7.80.120 Mt►nctary peaalties i2t.stitutic►n. (1) A person found to have committed a civil inf.raction shall be assessed a monetaly penaliy. (a) The maximum penalt}, mid the default amount for a class 1 civi1 infraction shall bc cwo hundred fifiy dollars, not including statutory assessments, except for an inf.raction of state !aw involvine potentially dangerAUS litter as specified in RC4V 70.93.060(4) and an infraction of statc law imrolving violcnt video or computer games under R.CW 9.91.180, in which case the maaciinum penalty and default amounc•is five hundrecl dollars; (b) The maximurn pcnalty and the default amouni for a class 2 civil infraction shall be one hundred twenty-five dollars, not inclucling statutory assessments; (c) The maximum penalty and the default amount for a class ~ civi] ini'raction shall be fifty dollars, not including statutory asse$smen[s; anci (d) '1"hc maximum penalty a,nd the default amount f'or a class 4 civil infraction shall be tiventy-five dollars, nat ineluding statutory assessments. (2) The supreme court shall prescribe by rule the conditions under wlvch local courts may e.xercise discretion in assessing fines for civil infractions. ~ '(3) W-henever a monelary penalty is imposeci by A court under this chapter ii is - immediately payable. lf the person is unable to pay at that time the court may grant an extensiou of the period in which the penalty may be paid. lf the penalty is not paid on or before the time established for payment, the court may proceed to coUect the penalry in the samc rnaruier as otlier civil judgmenis and may noiifi, the proseeuting autlioriry of the failure to pay. (4) The court may also order a person found to have cominitted a civil infraction to make restitution. [2003 c 365 § 3; 2003 c 337 § 4; ] 997 c 1 59 § 2; 1987 c456 § 20.] l,jO 1 L:.J. 12evicr.r's note: This section was amended by 2403 c 337 S 4and by 2003 c 365 § 3, eacli withaut ref•erenr.e co the othcr. Both amendments are incorporated in the publir.ation of this section undEr RCW ].12.025(2). l;or rule of construction, see R.CW 1. 1 2.025(1). Findings 2003 c 365: See note follovving RCW 9.91.180. rindings 2003 c 337: See note following R.C«' 70.93.060. htin•I/~tintnx~ I~~ ~xla nnv/R(''\.V/inriPv r.fr»?f„eP.ar.r;nn-qr-,r.r;nn,Y, fiFr.tinn=7 R(1.19.f1Rnrintver-1 9126/2004 CITY OF SPOKANE VALLEY 1 Request for Council Action Meeting Date: 1/4/05 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Centennial Trail Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: There is a 40-year Interagency Cooperative Agreement between VVashington State Parlcs and Recreation Commission, City of Spokane and Spokane Coun#y which expires 2032. Spokane County has indicated that they will no longer be responsible for the costs associated with maintaining the trail inside Spokane Valley city limits. The City of Spokane Valley received a letter from the State Parks and Recreation Commission inviting the City of Spokane Valley to join the Interagency Cooperative Agreement. Generally, the City of Spokane owns the trail corridor within its bounda(es and the State owns the balance. The City of Spokane Valley owns a relatively small section of the corridor at Myrtle Point. The Cooperative Agreement does not provide collective source of funding. Each jurisdiction is responsible for all costs related to trail operation, maintenance and law enforcement activities in its respective area. The current estimated annual routine maintenance cost of $35,000 indudes mowing, sweeping the trail and parking lots, cleaning Barker and Mirabeau restrooms, litter control, painting, trimming, fence repairs, minor asphalt patching and weed control along the 6.8 miles of trail located +rvithin City limits. There are also major renovations and emergency repairs which could cost substantially more. OPTIONS: The City has the following options: 1) Decide not to participate in the Interagency Cooperative Agreement. 2) Participate with limited responsibility. 3) Participate as a full partner per the existing Agreement. RECOMMENDED ACTION OR MOTION: BUDGETlFINANCIAL IMPACTS: Option 1 No impact. Option 2. Approximately $35,000 per year. Funds are included in the 2005 budget but not committed. Option 3. Varies depend on extent of repairs and/or capital improvements. A major repair could cost in excess of $200,000. These funds are not included in the 2005 budget. STAFF CONTACT: Mike Jackson, Parks & Recreation Director ATTACHMENTS : 1. Letter dated 9-07-2004 from Wayne McLaughlin, Washingtan State Parks and Recreation Commission 2. Spokane River Centennial Trail Management Plan 3. Washington State Parks and Recreation Commission, Spokane County, City of Spokane Interagency Cooperative Agreement, Spokane River Centennial Trail Spokane River . . Centennial Trail Cooperative Interagency Agreement Purpose Staff is seeking direction on whether or not the City would like to be a formal partner in the maintenance and management of the Centennial Trail. , . _ . . _ . ~I Background • There is an existing 40-year Interagency Cooperative Agreement between Washington State Parks and Recreation Commission, City of Spokane and Spokane County entered into 4/30/92. The agreement runs until 2032. • Each jurisdiction is responsible for all costs related to trail operation, maintenance and law enforcement activities in its area. The Cooperative Agreement does not provide a source of funding. • The members would like the City of Spokane Valley to maintain the 6.8 miles of the trail within its City limits. The City of Spokane Valley has received a letter (September 10, 2004 from the State Parks and Recreation Commission inviting the City o Spokane Valley to join in the I nteragency Cooperative Ag reement. • As an interim measure, the City has funded the annual trail maintenance in 2004 at approximately $35,000. This will end on December 31, 2004 when county contract expires. Notable Facts • The Centennial Trail is an important regional recreation resource. • Spokane County has indicated a desire to revise the current Interagency Cooperative Agreement (ICA), but - this has not been formally accepted by the other members. • The current ICA does not require consensus among members for management decisions. For example, the State has decided to impose a fee for parking at State managed trailheads. The other jurisdictions are not charging fees. • The City of Spokane Valley owns a small section of trail corridor at Myrtle Point. The State owns the balance of trail within the City limits. Estimated Cost • The current estimated annual cost of $35,000 includes mowing, sweeping trail and parking lots, cleaning Barker and Mirabeau restrooms, litter control, painting, fence repairs, minor asphalt repair & weed control along the 6.8 miles of trail. • Estimated Major Repair Costs - Fog Seal $25-$30,000 (needed now) - Estimates for Hot Asphalt Overlay in future $320,000 - Potential flooding $200,000 (unknown frequency) Funding • General Fund (the City has budgeted funds for 2005 but no commitment has been made) • Lodging Tax funding (based on regional draw) • Limited grant opportunities maY be available to help with future repairs. . . Options • City does not participate. - State, County and City of Spokane would be left to work it out. The City does own a section of trail at Myrtle Point. • City participates in annual maintenance only at a fixed amount. - Agreement could be re-written to retieve or limit City responsibility for major repairs and capital improvements. County is seeking this option to limit their own financial responsibility. • City participates as a full partner per the existing agreement between the State, County and City of Spokane. 'ilr^ •'4 • S7ATE OF WASHINCTON WASHINGTOIJ STATE PARi{S AND IZECREATIUN COMMISSION ` 7150 Cleamvater Lane a P.O. Box 42650 a Olympia, Washington 98504-265U ^(369) 902-8500 Mternef Address: http://ww►v.parks.wa.buv 7'DD (Telecomrnunicativns Devir.r: for the DeaO: (360) 664-3133 _ September 7, 2004 pfF•0 !J SEP ~ ~ 2004 ey . Mr. Milce Jackson. 1'arks & Recreatian Di.rector City of Spokane Valley 11707 East Sprague Ave. Suite 105 Spokane Valley, Washington 99206 Dear Mr. Jackson: A.s we discussed at our meeting on August 26, 2004, we tire working on a formal cnmmuniqu& thai will invite the City of Spokanc Valley to participate with khe Washington State Parks and Recreation Commission and our partners, the City of Spokane and Spokane County, in the r ' management program for thc Spokane 12iver Centennial Trail. Knowing you have a City Council meeting in the very near future and that this issue may be pressing, I wanted to provide you with written evidence oFour interest in expanding the current partnership for the benefit of the citizens of Spokanc Valley, and f or visitors fram all over the statc. If the City Council of Spokane Valley is open to exploring the possibilities offered by such a partnership, we are prepared to engage in further discussions i.nvolving all of the partners and to address the decision-making protocols of thc various jurisdictions. Enclosed for your reference is the current 40-year Interagency Caoperative Agreement that governs the management of the tra.il corridor, and sets fortb the responsibilifies of the respective parties. Please give me a call if you have any questions, and ]et me know of the Council's reactions. Thanks. Sin'c ely, ' . ~ W yne ~aughlin Manager, artnerships & Contmunity Services cc: Jim Harris, Matiager, Eastern Region Gary Long, Assistant Regional Manager,l'rograms & Services Rene Wiley, Manager, Riverside Area . ~ ExHlerY "1" - c; r . VOI. o- 0 ~ ~ .y . F.. ~..:::J n;.::.•;a. •.;::.,s, r'3{.v.~ . ::'v'n r ` r + ~~"r:;`.•i:vti} r.•. ; S:`<;~.:f:,; a _ . 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L~~i: . . ,-5:~:$~G~:~•:.•',"::•: . { •'•iL~:i:?'r'.`r'~}~'~~ ':'ii:t:i:}ti~:.{•iiC~`: i}":~i~'~'~'.i$:i~r.vi'~::.'.: ~~:5•'i:S~tL+Y.GY:'r:"J'~:~}}:~:~~?fiRi:};i • ~'•'v(.4: C?ii::. ~ r'~'L;i': :t~: ir.}:<4 A:{ti{4:y ~ ~.i..:. 'v::j•pY:.rii}lrtiti;'r'•f~:.$:tiC:s:?;~y.,..._ {.3 . ' r~ 1'{Y:..: :.si i ir'r:v: i:iGi:iv:•r v:: ~ i'~ S i}:i i:y; ; r. :•.'•.y~{:~ ~"C}:ti;i:y' :i:L•Y.n::.:4i:: ~'r'r.i•:i• •{:y;r,`r:~~:'~;i ' ::frr. ~ :r Gyii~Gi:vi'C[: i:•n?:ui:i•:: r'.J:tiliJ:vi i • • • ' i~~ •:t;>::~i.ji::i:;n~ji.~ Jfir,. J.;>:} . J ~ r~:~:fv { r.... i~i WASIIINGTON STATE PARKS AND RECkEATION COM.M7SS TON GITY OF SPOKANE ~ \ ~ SPOKANE CQUNTY ~ ~ v oL. SPOKANE RIVER CENTENNIAI 7RAIL MANAGEhiENT PLAN AN ADDENDUM TO THE COOPEI2ATIVE AGREEMENT BETWEEN ~ • ~ WASHINGTON STATE PARKS AND RECREATION COMMISSION SPOKANE COUN7Y . CI7Y OF SPOKANE JULY 1991 1. Purpose . . . . . . . . . . . . . . . . . . . . . . 1 II. Parties Involved . . . . . . . . . . . . . . . . 1 III. Areas of Jurisdiction . . . . . . . . . . . . . . . 1 IV. Management . . . . . . . . . . . . . . . . . . . . . 1,2 V. t-laintenance . . . . . . . . . . . . . . . . . . . . 2,3,4 VI. Law Enfarcement . . . . . . . . . . . . . . . . . . 4 VII. Exhibits A. Centennial Trail Use . . . . . . . . . . . . . 5 B. Centennial 7rail Approved Activities. 6 C. Centennial Trail Prohibited Activities. 7 D. Maintenance Report Form . . . . . . . . . . . 8 E. Special Activity Permit/Application 9 F. Special Activity Permit/Addendum A. 10 G. Special Activity Permit/Addendum B. 11 FI. Trail Map . . . . . . . . . . . . . . . . . 12 . , ~ , - YOI. I;:::`;iir~~~G~~ •r' I. PURPOSE The purpose of thi s pl an i s to establ i sh the juri sdi cfii on for each party i nval ved and to set in7nimum standards for the managenient, maintenance and law enforcement along the Spokane River Centennial Trail. II. I'ARTIES INVOLVEO This p1an is appended ta and is part of the interagency cooperative agr2ement entered into by the Washington Stiate Parks and Recreation Commission, 7150 Cleanwater Lane, Olympia, WA 98504-5711, through the Director, hereinafter referred to as the "Commi ssi on" ; the Ci ty of Spof:ane, W. 808 Spokane Fal l s 81 vd Spokane, WA 99201, through the City hianager, hereinafter referred as the "City"; and Spokane County, W. 1115 Broadvray, Spokane, WA 99260-0220, througli the Board of County Commissioners, here7nafter referred to as the "CoLmty" for the clevelopment and operation of the Spokane River Centennial 1"rail. . III. AREAS OF Jl1RISDICTION A. The Commission is responsible for management of the entire 39 ntile length of the Spokane River Centennial Trail and maintenance and laar enforcement on or within the Trail corridor and adjacent buffer lancls within Riverside State Park from Spokane House to the current west boundary of the Spokane city limits. B. The City is responsible for the management of adjacent buffer lands ~ anc4 maintenance and law enforcement on or within the Trail corridor and adjacent buffer lands within the current city limits of the City of Spokane. C. The County is responsible for management of adjacent buffer lands anci maintenance and law enforcement on or within the Trail corridor and adjacent buffer lands from the currcnt east boundary of the Spokane city limits at Frederick and Upriver Drive to the Idaho border. IV. MANIAGEMENT A. General l. Overall management of the entire 39-mile length of the Spokane River Centennial 7rai1 will be done by the Commission through the Riverside Si;ate Park Manager's office. 2. All special activities along the 7rai1 corridor arill be coordinated through Riverside State Park via Special Recreation Event permits (Exhibits 'E','f','G'). Special activities on the Trail within city'limits will be coordinated by the Commission, who will notify the Riverfrant Park administrative staff and the Special Events Office of the City Police. ~ ~ ~ 1_ ~ -8 3. As cletermined by the Commission, State Parks currently . collects an application fee and may require an insurance binder with a minimum coverage of $1 million for parties af 20 ~or more peoplE or a damage deposit or a bond. 4. Special Activity Permit (Exhibit 'G') specifies what money . transactions ean occur under a concession permit on the Trail facil i1:y. 5. Centennial Trail Use, Approved Activities and Prohibited Activities are included as Exhibits 'A', 'B' and 'C' respectively. 6. The Trail facility will be run on existing State Parks posted hours, 6:30 a.m. to dusk, year-round; aecess to trail head _ facilities will be 8 a.m. to dusk, year-round. 1. Emergency response for fire, medical and water rescue districts is indicated on attached Exhibit W. 8. Each agency is responsible for obtaining f7re protection for their jurisdiction. V. MAIN7ENANCE A. General Standards w 1. Each agency will be responsible for their respective areas of , the Centennial Trail as set forth in "1II. Areas of `J Jurisdiction." 2. Corrective action to protect the public will be taken within 24 hours of report of damage to the jurisdiction responsible. Permanent repair or replacement, alhere not possible due to weather or other circumstance, will be accomplished on a time schedule approved by the Commission. 3. Asphalt and asphalt sealant will be purchased and applied by each jurisdiction. 4. Commission, City and County will use the same standardized amenities and replacement amenities, including but not limited ' to signs, benches, picnic tables, bollards, mile markers and bulletin boards. Each agency shall bear the cost of repair and replacement of amenities as necessary. 5. No amenity other than replacement of existing amenities sha17 be placed along the Trail corridor without the approval of the maintenance ayencies through the Coordinating Council. 2 _ YOL 12 Y,;Gc 14 51 f) b. A comprehensive record of maintenance will be kepL by Riverside Stafie Park, requiring City and County to send a copy of maintenance reports on a monthly basis to Riverside State Park (form provided by Commission). See Exhibit V. B. Specific Maintenance Items Following is a listing of specific maintenance items wiL'h comments as needed: 1. Amen7ties - interpretive ancl informational signs, benches, picnic tables, bollards, water fountains, trash receptacles, mile markers, hitching posts, rest stations and bulletin boards. 2. Asphalt Repair - Asphalt Sealant - a gilsonite-type binder meeting ASTM (American Standards for Testing h9aterials) specifications, will be applied five years after paving and each 5 years thereafter, or sooner if needed, to the Trail where 1'rail and roadway are separated. : 3. Bridges 4. Fenc i ng 5. Guardrail 6. Nandrail 7. Hazardous Conditions/Objects - removed immediately by each jurisdiction upon receipt of damage reporti. Temporary emergency Trail closure will be imposed, if necessary, until hazardous condition is corrected (i.e. fire, flood, washout, leaning trees).' Notify Riverside State Park Manager's office. 8. Litter Control - litter will be p.icked up a minimum of three times a week. 9. Mile hlarkers - both posts and large mile numbers painted on asphalt will be maintained. 10. Signs - an inventory of rep1acement signs is required. 11. Snow Plowing - no snow plowing will be donr_ on the Trail. Trail head parking lots will be plowed, depending upon user demand by the jurisdiction responsible. . - 3 - v_".LL'a.'_"Ci1tf7'il4n'~.^..'n:~~•: 12.`~ Sweeping - entire Trail length sw2pt a minimum of three times a year (spring, summer, fall) and other areas as needed by r each jurisdiction using the County sweeper rrhich will be loaned to the City and the Commission for the'ir non-road segments of the paved Trai 1. • . 13. Trail heads - inspected and cleaned a minirnum of three times ' a week, inclucling facilities, parlc7ng lot ancl entry road. 14. Vandalism - submit incident report on Commission form, Exhibit 'D'. 15. Weed Control - in compliance with Spokane County Noxious Weed Control Board requirements, a control program along the Trail : will be developed and accomplished, the cost borne by the individual jurisdictions. UI: LA41 ENFORCEMEN7 A. General 1. Primary responsibility for law enforcement/patrol in the Trailcorridor in the City is with the City Police and in the County, with the County Slieriff, and within Riverside State Park by State Parks Rangers. 2. The Commission will assist within the city and county jurisciictions in normal park patrol and enforcement along the - Centennia1 Trail (see Exhibii: 3. Upon request of the Commissioii, the City or County will respond as backup•during any law enforcement situation beyond park rule violation (See Exhibit 'C'). 4. 7he City and County will provide documentation of all law • enFarcement activiLies related to the Trail on a morrthly basis to the Riverside State F'ark office. B. Specific Enforcement . 1. Law enforcement violations attributable to the Trail are specified through WAC (Washington Administrative Code), RCW (Revised Code of Washington) or Sh1C (Spokane Municipal Code) and are listed in Exhibit 'C', Prohibited Activities, and include fines if convicted. ~ . 4 -.J L 4 6 . EXHIBIT "A" CENTENtJIAL 7RAIL USE . 1. Trail Hours: 6:30 a.m. to dusk, year-round Trail Wead Facility Access: 8 a.rn. to clusk, year-round 2. Keep To 7he Right . 3. Alcoholic E3everages Prohibited 4. Peclestrians Have Right-Of-Way on Paved Trail 5. Morses Wave Right-Of-Way on Soft Trail 6. A1) Users Remain On Desiynafied Trails 7. Bifce Speed l.imit - 15 m.p.h. 8. htaximum of Two Bicycle Riders Aureast At Any Time. If Pedestrians Are Present, Qnly Single File Riding Allowed 9. Animal s Must Be On Leash r\' 10. Do Not Disturb The Plants Or Animals • 11. Pack It In - Pack It Out 12. PJo Structures (Including Vendar Equipment) Other Than Centennial Trail Structures Allowed Within The Trail Property Doundaries. 13. Organized Events Require Permits (Call the number listed below) FOR INFORMATION, PERMITS AND TO REPORT PROBLEMS PNONE: 456-2729 RIVERSIDE STATE PARK EMERGENCIES - PNONE 911 . , 5 FXIiIBIT 'fi' YOI. 12:; 4 ~ `i.7. APpROVED ACTIVITIES FOR CENTENNIAL TRArL l) BICYCLES , must stay on clesignated irail, 2 riders abreast naaximum 71 };-C CKI1NG must stay on designated/posled trail .5) ~•i :P,A TYON-S special acliviiy permit reyuired 4) BIC1`CL.E P..aLLIES special activiiy perrvit required 5) TkI.yTHALUhiS special activity permit required 61W ALl:ATHUNIIS special activity permit required . 7) FUOT RACE/ RiJti sneciai activitv permit requiced 81 ~l'HEELCH yIk h iCE special activity permit required 9) W'HEEL SKIING/~KATING cannot use sharp tipp.-d Poles ~ lU,l PICNICKUNG. onl}' at desibnated sices , 11) PAkI:I\G onli' at designated parking areas c;r lrailheads . G ' only at. designated camp area, 1?) CAMPIN 13) R1VER ACCESS - NON4,I0TORI2ED BOATS at designated areas anly -14) AE7'S must be on leash at all iimes and uncler direct contrUl; leash eight feet or shorter 151 SKATEBUARDS remain on paved trail at all times; no jumps, jumping or demonstraticn type ' sl;ateboarding allowed : 6 ExHrBir 'c' vol. 4 6 3 PROHIBTTEll ACTIVITIES ON CENTENNIAL TRAIL SECTIOV R.AIL 1) A\iPLIFIED SOUNU jYr1C 352-32-056 5 47.U0 (peace and quiet) Sti•IC 10.10.040 (B?) 2) CAtMPIN-G • 1GAC 352-32-030 45.00 3) COySUMPTION - alcohol R 4C 352-32-210 55.00 4) CIJTIIyG/REMQVIIvG - VEGE°rAT10N. ROCf:S RMY 43.51.1S0 57.00 5) DESTRUCTION OF PUBLIC PROPER?Y RC19 9A.43.070-091) NtAVDATURYAPpEA2aINCE o) DISRORfNG WAC 352-32-10n0 47.00 7) FIREARMS/WEAPONS WAC 352-32-120 80A0 . . S) FJRES RCW 43.51.150 57.00 9) FIREWORF:S WAC 352-32-140 b+).Oi) 10) HORSES AG31 RIDI NG OFF DES 1GN 4TED EQUESTRI Av TRAILS WAC 35Z-3?-070 45.00 11) HliN7ING RCW 77.16.020 MaNDATOP.Y AAPE4P,a_tiCE 12) IN-TOkICATIOV WAC 352-32-220 MA`D:ITORY APPE_4RANICE 131 LITTERING RCW 70-93-060 13 i).ui) 14) TIJE1'AL D£fECTuRS Wr1C;52-32-233 47.00 15) MOTORIZED VEHICI..E WaC 352-20-020 57.00 SMC 10.10.040 (133) ; 15) NON-:ri0TGR1ZFD CYr.LES • S1NIILAR DEV, ICES ' STaTE PARi'_S W- Ar, 352-32-0; j (?a./c) 25.00 17) PEFS OEF LE:1SH RAC 352-32-010 471.04 15) PRGHIBII`EU aCTS RfR 69.50,401 A°laNDaT()RF 19) RECI:LESS ENUaINGE12MEV7 RCW- 9a.;3.051l )4A:VDaT()Rl' •lst:`2md degree ZA) F2Ei IOTE CQNTROL LiNITS . CaRS, PLaNTES. T3OA1°S RCW- 9.00.010 250.011 puhlic nuisanee ) S\°IC 10.10.040 /11 G F. 03 0 2-1) Rt1BHiSH 4ar. 3 52 -^,2-17 0 1010_00 22) 5AN1TATI0N 'WAC 152-32-1S0 55.00 2;) SOLICITATIOV WAf;;52-;i2-t95 55.iii1 24) STOPPIiNG. STaVDI\if, OR P.kRk:I;tiG PRGIiI$ITEU I\1 SPECIFIC PLaCES RCW 46.61.5-0 10.00 251 S1~'IivitM l-N G RAC 352-;2-080 45,01) S:~iC 10_19,010 261 vICtoUS avihtal.s wAc;52-;2-060 4-.1) 0 S1I1C 1019.050 : 7 i~ ~ .Y . 05lz 920soso322 vot. p t,6 114 . . ' WASNINGTON STATE PARKS AND RECFtEATION COMMISSION SPOKANE COUN7Y CI7Y OF SPOKANE INT£RAGENCY COOPERATIVE AGREEMENT . SPOKANE RIVER CEN7ENNIAL TRAIL 4lNEREAS, Spokane County, hereinafter referrzd to as the County, is owner of certain land within the Spokane River Centennial Trail corridor; and, WHEREAS, the City of Spokane, hereinafter referred to as the City, is owner of certain land within the Spokane River Centennial Trail corridor; and, WWEftEAS, the washington State Parks and Recreation Commission, hereinafter referred to as the Commission, is orrner of certain land within the Spokane River Centennial Trail corridor; anci, WHEREAS, the Spokane River corridor is ecologically important; has significant pofiential for interpretive purposes; proyides outstanding scenic i beauty, tranquil surroundings and valuable historic and prehistoric features;,is uniquely held in public ownership for more than 39 miles of its length, is the cammon thread that links governments, communities and neighborhoods together; has for many thousands of years been the corridor for commerce in the area and provides significant recreational opportunities; and, tiINEREAS, the Commission, the County and the City desir-e to provide for the developinent and operation of a multi-purpose trail system within the intent and authority of RCI-! 43.51.040(8) and RC4! 39.34.030(2); and, R~.':E!'t=0 FILEu C.- OROEU R F r1 ~ 1 ~ ; U ~e~l1l ~jLt <?el !`x~ey~ . ~ J t5~: r , , . ! F• . : ~1. _ • INTEROFFICE` , i:, 4 4JHEREAS, all parties agree that the primary development objective should be to preserve the river environment and provide facilities for public access, recreation, education and ecological and historic interpretation; and, WMEREAS, the Commission is authorized under RC4J 43.51.'040(8) and RCW 39.34.030(2) to cooperate with the County and the City in accomplishing the program herein referred to and to enter into this agreement fio that end; and, WHEREAS, the Commission at its May 19, 1989 meeting authorized the Director or designee to enter into a long-term cooperative agreement with the County and City for the development and operation of the Spokane River Centennial Trail carridor; and, WHEREAS, the parties agree that the trail corridor can most advantageously be managed by the Commission with shared operation, maintenance and law enforcement responsibilities, fJ04! THEREFORE, in consideration of the mutual benefits to be derived, the , parties hereby enter into an agreement for a management program as described herein for the Spokane River Centennial Trail corridor. l. The term oF the agreement shall be for 40 years corrunencing on the date last below written. This agreement may be renewed for any period not in excess of 40 years upon expiration of the original 40- year term by mutual agreement of the parties. The Commission ►vill be given the first right to renew the agreement before any other party is given the apportunity to manage the trai7 under agreement wiCh the County and the City. ~l 2 : YOI. 44 6 ~ 2. All development and management of the trail shall be the responsibi1ity of the Commission and the Commission shall be fihe lead agency in preparing future development plans. dperatiAn, including maintenance and law enforcement, shall be as set forth in the Management Plan labeled Exhibit "1" attached hereto and by reference made a part hereof in cooperation with a coordinating council comprised of ane rriember each from State Parks,'the City of Spokane, Spokane County, and the Friends of the Centennial 7rail or assigns. Each jurisdiction shall be responsible for all costs re1ated to its trail operation, maintenance and law enforcement activities. 3. Management af the trail over its entire 39 mile length will be the responsibility of the Commission in cooperation with the City and , County as agreed to in the Management Plan. Management of lands outside the trail corridor shall be the same as set forth in Article 4 herein for maintenance of the designated segments, except as detailed in Article 8 herein. 4. Maintenance of the trail and adjacent City, County or Commission owned buffer land as agreed to in the maintenance section of the Management Plan will be the responsibility of the Commission from Spokane House in Riverside State Park to fihe current west boundary of the Spokane City limits, the responsibility of the City within the current city limits of Spokane and the responsibility Af the County from the current east.boundary of the SpoS:ane City limits at Frederick and Upriver prive to the Idaho border. 3 5. Law enforcement of the trail as agreed to in the law enforcement _ section of the Management Plan will be a shared responsibility between the Commission, the City and the County. The Commission will patrol the entire trail responding to trail user types of enforcement activities as part of their overall management responsibilities activities. They will inform the City and/or County of urban and suburban type law enforcement situations beyond park rule violations requiring city and/or county action. The City and County wrill be responsible far responding to these enforcement activities. 6. The sit2 is to be managed consistent with the provisions of Chapter 43.51 RCW and the rules and regulations adopted thereunder, unless otherwise exempted by the Director or Commission.. 7. Development and maintenance along the trail corriclor shall be done ~ in full possession of all necessary permits and licenses and in accordance vlith all applicable codes and regulations including SEPA compliance and consistent with the overall development plans prepared by the Commission. Obtaining permits will be the responsibility of the initiating party. 8. 7his agreement allows management by the County of Commission owned lands, as shown on Exhibit "2", outsid2 tihe trail corridor from the current east end of hlaringo Drive to the Idaho-border. Any modifications or uses of th7s property for other than buffer shall be consistent 4rith trail development and preservation of the river corridor and ' 4 - ^ voL. 1 2:~ NcE 4 ~ appraved by Commission staff prior to use, modification or con- si:ruction. Use of these lands for County recreation purposes may be granted by amendment to this agreement upon approval of County plans for said property by Commission staff ancl approval of use by the Commission. The County shall be in possession of all neeessary permits and licenses and shall carry out all development, maintenance and operation according to all applicable codes and regulations, including SEPA and archaeological clearance. 9. This Agreement allbws the use of County owned lands, as showrl on Exhibit "2", by the Commission at Myrtle Point for the placement of the Plante's Ferry pedestrian bridge and the trail. All new facilities and improvements other than those specified above made by the Comnission shall be consistent with trail development and preservation of the river corridor and approved by County staff ` prior to construction. The Commission shall be in possession of all necessary permits and licenses and shall carry out all development, maintenance and operation acCOrding tn all applicable codes and regulations, including those of SEPA and archaeological clearance.. 10. The Hamilton Street pedestrian bridge is located on City owned property. Routine maintenance of this bridge will be the responsibility of the City. Any repairs relating to the structural integrity of the bridge and, if necessary, replacement will be the responsibility of the City. , 5 - voL. 1. :o 0 Phct 1. 4 49 . ~ 11. 7he Plante's Ferry pedestrian bridge is located on both Commission `and County owned property. Routine maintenance of this bridge will ' be the responsibility of the County. Any repairs relating to the structural integrity of the bridge ancl, if necessary, replacement 4rill be the responsibility of the Commission. 12. This agreement is only permission to allow the Commission to use the County and City owned property and the County to use the Commission o4rned property for the purposes ancf on tiie terms and conditions herein stated. No legal or equitable title is conveyed hereby. Title to the subject property shall remain with the landowner throughout the term of this agrEement or any renewal thereof. 13, The County and/or City shall defend and hold harmless the Commission and the state of Washington, its officers, agents, employees, successors or assigns against any and all claims suffered or alleged to be suffered on the property, except such claims which arise out of the activities of the Commission, its officers, agents or employees, for which claims the Commission will defend and hold the County and/or City harmless. 14. The Commission shall erect and maintain a sign(s) identifying the County and City as cooperating agencies. Any development authorized in accordance with Article 8 herein shall be signed by the County identifying the Commission as a cooperating agency. The Commission 4rill be the priniary focal point and contact for signing. . , . 6 ' YQL 1C % ~4 ~ . 15. This agreement may be terminated at any time by mutual written consent of all parties hereto. 16. 7he provisions of this agreement may be modified at any time by the mutual consent of all parties hereto. 17. No rights under this agreement may be assigned without the prior written consent of the other parties. This does not preclude third party agreements for concession or agricultural purposes in compliance with the Management f'lan. 18. Any tree removal shall be in accordance with landoarner rules and regulations. 19. i'he site is ta be used by the Commission for public trail corridor purposes. Except as otherwise provicfed for herein, this agreement R may be terminated by any party in the event of non-compliance by any party Hrith the terms and conditions hereof, providing that the terrninating party allow the non-complying party 90 days written notice of violation in whych to correct any situation which is not in compliance with the terms and conditions of this agreement. If correction is not made to the satisfaction of the terminating party within the 90 days, this agreement will automatically terminate witiioufi ftirther notice. ' 7 YOI. r4hGCl.451. 20. Upon termination or expiration of this agreement, all improvements placed an property under this agreernent shall be dispased of in compliance with applicable RCW's. DATED thi s3.~day of 1992-- SPOKANE COUNTY COh1D1ISSI0PJERS WASHINGTON STATE PARKS AND RECREATION COMMISSION . B 04 airperson an 7veten, Director ~ 99~ . pate Date APPROVED AS TO FORP1: APPRQUED AS 70 FORM: This day of , KEN 0. EIKENBERRY lg Attorney General gy gy ~ ' • C Deputy Prosecuting Attorney Shirley W. ttan ~ Senior Ass~ tant Attorney General CITY OF SPOKANE , By APPRO ED A~ "I`0 FORM. Roger Crum, AG44-4g City Manager o /7 . Date ssis nt City Attorney ATTES7: By i~- City Cle L Date 8 . % _t nIUFT ADVAn'CF AGE•n'DA For Planning Discussion F'urposes Only as of llecembcr 29, 20114 9:30 a.m. Please n4ie this is a work in progress; items are tentative '1'0: Council & Staff From: City Manager Re: Draft Schedulc f'or Upcoming Council Meetings JanuarY 3, 2005; 4:00 n•m. Emplc►vee ftecoanition Cathering; Council Chambers (cicy Hnn will close al A:OU n.m.) ,Tanuar-v 11, 2005, ReLular Mectinj! 6:00 p.m. Idue date ThursdNy, December 341 First Iteading Proposed Ordinance Adopting Framework for T)evelnpment Code - Marina Sukup [10 minutes] 2. Proposed Resolution: Amcnclinb Resolution 04-042, \iew Employee Position I7esei-irtion for CenterPlace Coordinator - Nina Regor [15 minutesJ 3. Motion Consideration: PineslMlnsfield Development Agreements -N`eil Kersten [20 tninutes] 4. Motion Consicleration: Rescinding Declaration of Surplus and Approving Declaration of Easement (ChrisLinc T'roper[ies, I.,i_C) - Gary Driskell [10 minutes] 5. Administralive Report: a. F'awn Sliop Regulation - Cal Walker [15 minutes] b. Utility 7'ax R.epor[-Ken [20 minutes] c. Crime Check Update -Nina Regor/Cal Walker [10 minutes] 6. hiformation Only: a, Public Information officer - Nina Regor [estirnated meeting: 100 minutes*] Januarv 18, 2005. Sfuely Session fi:OQ p.m. [due date Thur-sclay, Jxnusry 61 1. Public lnformation Officer Discussion -\iina Regor (20 minutes) 2. Proposed fimendmeni to Criminal Code-Noise (Blasting & hoombox vehicles)- Cary Drisketl (10 minutes) 3. Couplet Updatc -Neil Kersteli (20 minutes) 4. Core Values Praject Approach and Timeline - Nlina Reoor (15 minutes) 5. Iteview of Comprehensive Plan Elements (Natur<<I Resources, Nousing, Parks & Recreatian, Utilities, T'conomic Developmen[) - Marina Sukup (45 minutes) TOTAL MT1ITLTTES: 110 . Max. tntg. time: 150 minutes Januarv 19, 2005 - Cunversation with thc CommunitY, 6 p•m•, Sports USA January 25, 2005, Rep_ular Aleetini! 6:00 P.M. (due date Thursdry, January 131 1. Second Reading: Proposed Area-wide R.eznne I\' Greenacres area (RE-'7_ 17-04)-Scott Kuhta [25 minutes] 2. Proposed .4menclments to the Comprehensive Plsn [45 iiiinutes] a. Second Reading; Ordinance 04-049, CPr1 01-04 b. Second Reacling, Ordinance 04-050, CPA 02-04 c. Second Reading, Ordinance 04-05 1, CPA 03-04 d, Second R.eading, Ordinanct 04-052; CPA 05-04 c. Second Reading, Ordinance 04-053, CPA 08-04 3. Proposed First Iteading, Orclinance re S. Side of 13roadway Avenue; CPA 04-04 - Scott Kuhta [10 miiiutes] 4. Proposed First Reading Orclinance re 6ast side nf Adams Road, CI'A 06-04 - Scott Kuhta [10 minutes) 5. Second lteading Proposed Ordinance Adopting Pramework for Taevelopment Cade - Marina Sukup [10 mins:l 6. Motion Consideration: Pines/Mansfielcl Development Agreements - Ncil Kersten [20 minutes] 7. Mation Consideration: AppoinUnent Recommendations, Lodging Tax Advisory Committee - Couilcilmember Flanioan [10 minuies] Draft Advance ,Agendd 12r-912004 929 .AM Pagc I of 3 S. Administi•ative Repnr[: Sign 12ebulations Itepar1:- Marina Sukup [20 minut:es] 9. Inforrnacion Only: a. Departmental Monthly fZ.eports b. Planning Commission Minut.es [estimatecf ineeting: 150 minutes*] Februarv 1, 2005, Joint MeetinnlStudy Cession 6:00 p.m, Idue date Thursday, JAnuaty 20 ] Joint Mcctin': City Coiancil and 1'lannino Commission: Core Values as they Apply to the Comprehensive Plaai - Nina Regor (150 minutes) TOTAL M:11si.ITES: 150 Max. mtg. time: 150 minutes Februarv 8, 2005, Rcgular M. eeting 6:00 n.m. [due date Thursday,,January 271 1. First Iteading Proposed Sigm Ordinance -iMarina Sukup [10 minutes] 2. Report on Alternatives to IncarceraCion - Cary Driskell [15 minutes] 3. Street Vacatinn Ordinance Amendment Discussion - Cary llriskell [10 minutes] 4. 1-tazard Mitigation Flan Rricfing - Marina Sukup [20 minutes] 5. nclm inish•ati<<e R.eport: Stormwat.er prdinance Rcport - Joh.n Hohman [20 minutes] • [estimatcd meeting: 75 minutes"'] Februai-1, 12, 21105 -Winter CnunciUStaff Retrcat, 9 fi.m. - I:OQ p.m. Tentcrtivn Topics: Fincmcial forecust; wnrk plan/strutegic plrn1; brainstorrriing for goals/pruject; managed comperition; druft budget calendur Tcbruarv la, 2005, Study Session 6:00 p•m• [duc tlute Ttiursday, February 31 I Cab1e Frcinchise Update -Nina Regorllvforgan Koudelka (15 minutes) 2. Update on 2005 Contracts with Spokane County - Morgan Koucfelka (15 minutes) 3. Presentation: F'rocess vlapping- `larina SukuplTom Scholtens (15 minutes) h. I'risrn/PIuslPadal (Parcel laata L.ocator) System - iViarina Sukup (1 5 minutes) 5. kevicw of Comprehcnsive Plan Elcments (Land Usc, Transportation) - Marina Sukup (60 minutes) TOTA,L NINUTES: 120 MaY. mtg. time: ] 50 minutes 2005 Citv Le!!islative Action Conference (CLAC) Assuciation of WashinLi-ton Cities February 16-17; Olympia, Red Lion Olympia Hotel Februarv 22, 2005, Regular IMeetint 6:00 p.m. [due date ThursdaV, T'ebruary lUJ 1. I=irst Rcading Proposed Street Vacation prdinance Amendment - Cary Driskcll [10 minutes] 2. Seeond Ru►cline Pmposed Stormwater Ordinancc (formerly # 04-007 first reading 02-24-04)- Nei) Kersten [20 minutes] 3. Second Reacling Proposed Sign Ordinance -\!Iarina Sukup [24 minutes] 4. [nfornlation Only: a. Departmental Ivfanthly R.eports; b. Plannin- Commission Minutes [estimated meeting; 50 minutes*] Nlareh l, 2005. SEudY Session 6:00 p.m. I duc date Thursday, February 17 J l. Review of Washington Statuces on taisincorporution- Cary Driskell (20 minutes) 2. 1Vater Saf'ety Regulations Discussion - Cary Driskell (10 minutes) 3. Helmet Safety Issue Research Update - Cary Driskell (10 minute.s) 4. Revicw af Comprehcnsive I'lan Elements (Capital Facilities) (60 minutes) 5. Street Paving Funding Option -Nleil Kersten (Gary Schimmels) (15 minutes) TOTAL NLfNiJ'TFS: 115 vlax. mtg. time: 150 minutes Dr9ft rlctvance Agcnda 12/2912004 9:29 AIM f'agc 2 of 3 - _ , iVlxrc6 8.2005, Rr.gular Mceting 6:00 p.m. idue date Thursday, Fetiruaiy 241 l. Second lteading Proposed Street Vacalion Orctinanee Amendment- Cary Driskell [10 minutes] 2. Hti&jrd Nlitigation 1'lan - Marina Sukup [20 ininutes] 3. Matriz Schedule Permitted Uses - Marina Sukup [20 minutes] March 11 - 15,2005 Congressionat CitV Conference, `Vashin!!ton D.C. March 1i, 2005, NO MTrTTING Myrch 22, 2005, lYegul.ir Nlecting 6:00 p•m• [due date 7'hursday; March 101 1. Hazard tifitigation Plan -vlarina Sukup [15 minutes] 2. vlatrix Schedule Pemiitted Uses - Marina Sukup [ 15 minutes] 3. Infcarination Qnly: a. Departmental Monthly Reports; b. Plannine Commission Minutes March 29, 2005 Studv Session 6:00 p.m. [clue date Tbursday,lZxrch 171 l. Traffic ControUSpecial Events - Cal WalkerliMike Jackson (20 minutes) April S, 2005, Studv Session 6:00 n.m. [due date Thursday, iVlarch 24 1 l April 12, 2005, Repular Meetinp- 6:00 n.m. [due date Thursdal', March 311 April 14, 2005, Conversation witli the Communitv: 6:00 n.m., Fratt Flementar`v, 6903 E. 4th Avenuc April 19, 2005, Stuclv Session 6:00 p.m. (due date Thursday, April 71 1. Discussion of all elements of the Comprehensive Plan - Marina Sukup April 26. 2005. Renular Meetinp- 6:00 p.m. (due date `I"hursday, April 141 1. Tnfarmation Only: a. Taeparlmental Monthly 1Zeports; b. 1'lanning Commission 1Vlinutes OTTiFR PFiND]NG ANn/OR UPCOMLITG ISSULS: Second Reacli.ng Proposed Sidewalk Ordinance 04-012 -(first reading 02-24-04) Panhandling-Cal Walker Massage ParlorsBath Houses - Cal 1Nalker May 10, 2005 - all elements Comprehensive k'lan I7iscussian (again May 24, 2005) June 11, 2005 - Mid-Year Council/Staff Itetreat, 9 a.m. - noon Annesatinn lssues - Nina Etegor Se:eond Reyicfing Propased Utility Ta,.~ Ordinance - Ken Thompson (first reading 12-07-04) Regiorial Stormwater Design Manual - Jolw Hohman ~ MFETTYGS TO BE SCHEDULED 1 open house - wastewater issues ('1'o Be Announced) 1;* estimated inceting time does not include iime for public comments] Urafl Advance Aoenda 12t29!?004 9:29 AM Page 3 of 3