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2003, 12-16 Study Session
4:30 p.m. Executive Session per RCW 42_30.110(g) to discuss a personnel matter 6:00 p.m. Reconvene into Regular Meeting Council Rcque_tts Please Turn Of All Electronic Devices During the Meeting, DISCUSSION LEADER 1. Molly Myers (30 minutes) 2. Ken Thompson (15 minutes) 3. Neil Kersten (20 minutes) 4. Nina Rcgor (15 minutes) 5. Dave Mercier (5 minutes) 6. Dave Mercier (10 minutes) 7. Steve Taylor (20 minutes) Stud) Seustyt Agenda, 12.16-03 AGENDA CITY OF .SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, December 16, 2003 CITY HALL AT REDWOOD PLAZA 11707 Ea.'rt Sprague Avenue, First Floor SUBJECT/ACTIVITY Spokane Transit Authority Prescntation Proposed Ordinance 03 -098 Creating Funds Wastewater lnterlocal Agreement Draft Library Report Police Station Occupancy Agreement Report Facet Management Policy Legislative Issues 8. Mayor DeVleming (5 minutes) Boards/Comtnittee Appointments 9. Mayor DeVleming (5 minutes) Advance Agenda Additions 10. Dave Mercier (10 minutes) City Manager Comments GOAL Information Advance to 2"' Reading Discussion/information Discussion/Information Discussion/Information Discussion/Informat ion Discussion/Information Motion & Confirmation of appointments Discussion/Information Discussion/lnformation Note: M Council Study Sessions, there will be no public comments, except Council reserves the right to request information from the public and staff as appropriate. NOTICE individuals planning to attend the meeting who require special assistance to arcumntodate physical. hearing, or other impairments. please contact the City Clerk at (509)921.1000 as soon as possible so that arrangements may he made Meeting Date: 12 -16 -03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing xx information ❑ admin report ❑ pending legislation Molly Myers and Jill Lamb of Spokane Transit Authority, will give a presentation on the Conceptual Service Plan. CITY OF SPOKANE VALLEY Request for Council Action AGENDA ITEM TITLE : Spokane Transit Authority Presentation GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS STAFF CONTACT ATTACHMENTS PowerPoint Presentation aging the Community January — May 2003 What the public said: ➢ Communicate with us!! _ ➢ Make good use of our tax dollars. — ➢ Be effective and efficient. ➢ Deliver quality service with the resources available. What will the "new STA" be about? >Focus on Customers and Customer Service. Improve use of Technology to make the system easier for customers to use. ).Emphasis on Safety. ➢Efficiency: Provide the most service with the least dollars. ➢ Trust and Accountability — Satisfying and exceeding the expectations of the citizens, customers and employees. ➢ Fulfilling a solid role in the Economic prosperity of the region. Spokane Transit Task Force Assumptions for Service Planning ➢ Fixed route bus service will be reduced from 350,000 hours to 150,000 core service hours. ➢ Paratransit service will be comparable to fixed route service. ➢ Any public transportation plan will support adopted community land use plans. Outcomes from Assumptions ➢ Service will be weekday only. ➢ Service will be from 6:00 a.m. — 7:00 p.m. ➢ 15 and 30 minute frequencies on routes to maintain effective and efficient service. ➢ The most ridership will be captured with the resources available. ➢ Transit oriented patrons and current customers will be given priority consideration. Illustration of Present & Future Service Possibilities ransit Amenities Shuttle Service Tier HI Service Sun /Holiday - -- LateNight Tier II Service % Additional Fixed Route Service Tier I Service Core 150,000 hours X% Additional Exttted Commuter Set Se rvice Evenings Paratransit Multi-hub CTC's — Neighborhood circulator system ------___ )Compreh nsive Regional- ystem / , ,-- , Dial-a-Ride/ Saturday pecial Seivke Current Service 2003 » Sten .e,. Imp law, . moguls 7 2 Spokane Transit System Map Lim WY II wa ID Rut w. vV Onre• Draft* Minimum July 2004 Conceptual Service Plan 150,000 service hours Weekday Only 6 am -7pm 15 to 30 min frequencies *No Service Plan Decisions Have Yet Been Made By The STA Board of Directors PSpolidne Transit 1., ■ Federal Preventative Maintenance $1.2 D Miscellaneous 4.9% $1 4.0% SPOKANE TRANSIT AUTHORITY 2003 Budget Estimated Revenues by Source (Excluding Federal Capital Assistance) $25.3 All dollar values stated in millions. 0 Sales Tax $17.2 6&l% 0 Operating Revenues $5.9 23.1% Paratransit $7.5 21.2% ■ Rideshare S159,099 0.5% SPOKANE TRANSIT AUTHORITY 2003 Budget - Estimated Expense by Division (Excluding Capital & Cooperative Projects) S35.3 million All values stated in millions except for Rideshare. ❑ Administrative $3.0 8.6% Fixed Route $23.5 66.7% What has STA done internally to cut costs and be as efficient as possible? >Administration wage increases eliminated '03-'04 — savings approximately $70K using a 1.5% increase. Annual savings of approximately $135K as a result of restructured contract with Laidlaw for Paratransit services to take advantage of STA's fuel purchase advantage. ➢ Savings of $50K a year in Plaza management contract. ➢ Savings in contracts — approximately $107K. >Increased revenues of $180K through EWU Eagle Pass. >In total... More than $450K cut in Administrative Budget compared to 2003. What Next? ➢ Public input will be gathered on the Conceptual Plan. ➢ Transit Thursdays. ➢ Staff is continually working on the 2004 Budget. ➢ All questions and comments will be forwarded to the Task Force and Board. ➢ Public Hearings January 14 & 15 2004. Location TBD 1 1 0 ct i 1 1 ■ c ro 0 =L. c.r2 , 04) 1 1 1 1 1 1 REPLACES TAB 2 IN DECEMBER 16 COUNCIL PACKET CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12 -16 -2003 City Manager Sign -off: Item: Check all that apply: 0 consent ❑ old business X new business public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Ordinance to.Create New Funds GOVERNING LEGISLATION: State law requires Cities to formally create Funds which we plan to use in our budget. PREVIOUS COUNCIL ACTION TAKEN: The Council has adopted budgets for 2003 and also for 2004. These budgets anticipate the use of certain Funds to receive revenues and to make expenditures for various programs. BACKGROUND: City Budgets anticipate the use of a Trails and Paths Fund which needs to be formally created. The attached Ordinance will create this fund. OPTIONS: At least three options are available: 1.) Create this fund at this time 2.) Create this fund at a later date 3.) Don't create this fund Creation of this fund is a small task and helps keep our accounting records in compliance with state law. Creation of this fund at this time is the best option. RECOMMENDED ACTION OR MOTION: A motion to conduct the first reading of the ordinance which creates this fund is recommended. BUDGET /FINANCIAL IMPACTS: None. STAFF CONTACT: Ken Thompson, Finance Director r, CTTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, CREATING THE TRAILS AND PATHS FUND FOR USE WITH THE CITY BUDGET; AND IDENTIFYING APPROPRIATE EXPENDITURES FOR THE FUND. WHEREAS, good accounting practices are enhanced when separate funds are created to account for dedicated revenues and applicable expenditures on certain city programs; WHEREAS, the Washington State Auditor's office has recommended that cities formally create funds when dedicated revenues are allocated to cities for specific purposes; WHEREAS, the City Council in consultation with staff, has approved and placed on file with the City Clerk, budgets, together with an estimate of revenues and the amount of money necessary to meet the expenses of the City, which anticipate the use of a Trails and Paths Fund; NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section J. Trails and Paths Fund. There is hereby established a fund to be known as the Trails and Paths Fund from which motor vehicle fuel tax receipts shall be used to establish and maintain paths and trails for pedestrians, equestrians or bicycles as part of streets, roads and highways. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. C:\Documents amd Settin sV.ihompson\Locail Settings \Temporary Internet Files \OLIK9Alcrcazepaths. &llnils.doc Section 3. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City ATTEST: PASSED by the City Council this day of . 200_ Chris Bainbridge, City Clerk Approved As To Form: Stanley M. Schwartz, Interim City Attorney Date of Publication: Effective Date: Mayor, Michael DeVleming C: \Documents and Settin;,slkthompson\Local Settings \Tcniporuy I.ntemet Fil es10LK9Alcreatcpaths &tra.ils.doc Meeting Date: December 16, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing X information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: CITY OF SPOKANE VALLEY Request for Council Action Attached is a draft Interlocal Agreement between the City of Spokane Valley and Spokane County Regarding Wastewater Management. The agreement covers the following major issues: • Ownership, operations, maintenance and administration of the sewer system. • The planning, design, and construction of sewers including the Step Program. • Wastewater treatment plant capacity including construction of a new regional wastewater facility and the evaluation of the Playfair site as possible site for the new facility. • Administration and enforcement of the industrial pretreatment program as required by the Department of Ecology. Also, for you information, I have attached a copy of the draft Memorandum of Agreement Between the City of Spokane and Spokane County Regarding Regional Wastewater Treatment Plant Siting. The agreement basically outlines the City of Spokane's requirement to share in the cost based on their 25% proposed capacity in the new plant. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS Draft Interlocal Agreement Draft Memorandum of Agreement Return to: Board of County Commissioners Clerk of the Board 1116 W. Broadway Spokane, Washington 99206 INTERLOCAL AGREEMENT BETWEEN THE CiTY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING WASTEWATER MANAGEMENT THIS AGREEMENT, made and entered into this day of January, 2004, by and between the CITY OF SPOKANE VALLEY, Washington, a municipal corporation of the State of Washington, having offices for the transaction of business at 11707 East Sprague Avenue, Suite 106, Spokane Valley Washington, 99206 hereinafter referred to as the "CITY ", and SPOKANE. COUNTY, a political subdivision of the State of Washington, having offices for the transaction of business at 1 1 16 West Broadway, Spokane Washington, Washington 99260, hereinafter referred to as the "COUNTY," jointly referred to, along with the CITY, as the ".PARTIES." WITNESSETH: WHEREAS, the CITY is located in the Aquifer Protection Arca established by the COUNTY by Ordinance 85 -061 dated July 30, 1985; and WHEREAS, prior to the incorporation of the CITY, the COUNTY had, with the direction and approval of the State of Washington Department of Ecology (DOE), begun the extension of sanitary sewers within the Aquifer Protection Area, which area includes that area now incorporated as the City of Spokane Valley, following a program to be completed in accordance with the plan developed by the COUNTY; and WHEREAS, the COUNTY has created a Utilities Division within the Public Works Department capable of implementing the completion of the sanitary sewer program to standards acceptable to the CiTY; and WHEREAS, the COUNTY has prepared and adopted the Spokane County 2001 Comprehensive Wastewater Management Plan (Plan) for implementation of a sewer program for the Urban Growth Areas within the Aquifer Protection Area; and WHEREAS, the CITY wishes to see the completion of the sanitary sewer system to protect and serve the CITY's residents, businesses, and the aquifer, and S:\cbainbridgc\Contracts & AgrccmcntsUnterlocal rc Wastewater Mgmt 12- 16- 03.doc Page 1 of 1 1 WHEREAS, the COUNTY has received an Extended Grant from the State of Washington Centennial Clean Water Fund to be used to reduce the cost impacts of sewer construction in the Aquifer Protection Area (AFA); and WHEREAS, pursuant to the provisions of chapter 36.36 RCW, the citizens of the COUNTY voted to implement an APA Fee to subsidize the cost of sewers in the unincorporated areas of Spokane County, which Fee will sunset in year 2005 unless it is reauthorized by the voters; and WHEREAS, the COUNTY has historically allocated the one - eighth of 1% local option_sales tax revenues collected pursuant to chapter 82.14.030(2) RCW to the sewer utility to subsidize the cost of sewers; and WHEREAS, the COUNTY has accumulated substantial fund balances in the sewer utility fund(s) from connection fees, wastewater treatment charges, sales tax allocations and APA Fees; and WHEREAS, a substantial portion of the APA Fees, sales tax revenues, connection fees, and wastewater treatment charges were contributed from within the area of the CITY; and WHEREAS, the COUNTY has had a policy of assisting property owners in the unincorporated areas, which included City of Spokane Valley, by reducing the net cost of the Capital Facilities Charge Rate (CFR) paid by each property within the sewer program; and WHEREAS, pursuant to the provisions of chapter 36.94.180 RCW, in the event of an incorporation of an area in which a county is operating a sewerage system, the property, facilities, and equipment of such sewerage system Tying within the incorporated area may be transferred to the city if such transfer will not materially affect the operation of any of the remaining county system, subject to the assumption by the city of the county's obligation relating to such property, facilities, and equipment, under the procedures specified in and pursuant to the authority contained in chapter 35.13.A RCW; and WHEREAS, the COUNTY and CITY are obligated to complete the elimination of septic tanks in the Urban Growth Area by extending sewer service to all properties to the extent practicable; and WHEREAS, the COUNTY owns, operates, and maintains all of the existing public sewer system within the CiTY; and WHEREAS, pursuant to chapter 36.94.170 RCW the CITY has the primary authority for constructing, operating and maintaining a sewage system within the CITY unless the CiTY desires through written consent that the COUNTY continue to own, operate, and maintain the public sewer system within the CITY. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the PARTIES hereto do mutually agree as follows: SECTION 1: OWNERSHIP, OPERATIONS, MAINTENANCE AND ADMINISTRATION 1 -1 The CITY authorizes the COUNTY to own, operate and maintain the sanitary sewer system (System) within the CITY as a public utility. For the purpose of this Agreement the terminology "System" shall mean all publicly owned sewers, manholes, appurtenances, and pumping stations within public rights of way or within public easements within the CITY S:lcbainbridgc\Contracts & Agrecmcnts\Interlocal re Wastewater Mgnu 12- 16- 03.doc Page 2 of i 1 1 -2 The CITY shall grant a franchise to the COUNTY for use of CITY public right of way for the purpose of providing said sanitary sewer service. There shall be no cost to the COUNTY for said franchise. In return for the franchise and the right to maintain the System, the COUNTY shall not enact or impose any tax on gross revenues generated by the System within the CITY pursuant to chapter 36.94.160 RCW. 1 -3 The CITY shall adopt the provisions of Spokane County Code Chapter 8.03 ( "Sewer Code ") in its entirety. The CITY may adopt future revisions made by the COUNTY to Spokane County Code Chapter 8.03 within 90 calendar days of the date of adoption by the COUNTY. Nothing contained herein shall prevent the City Council from exercising its legislative discretion to amend, modify or repeal the Sewer Code as deemed reasonably necessary to serve the best interests of the CITY, provided the City shall not enact legislation that detrimentally impacts or unreasonably interferes with state or federal permits issued to operate the System. 1 -4 The CITY delegates authority to the COUNTY to enforce the provisions of Spokane County Code Chapter 8.03 within the CITY. COUNTY shall administer, bill, collect and account for all charges and service fees related to the System. CITY shall be responsible for initiating any civil and/or criminal litigation for enforcement through its own legal counsel. Any inspection activities, engineering services, legal or other action taken by the CITY to enforce or monitor compliance with the Sewer Code or provide benefit to the System shall first be referred to the COUNTY for action. In the event the CITY takes action identified above or takes action to benefit the System, including but not limited to surveys, studies or property acquisition, the COUNTY shall compensate the CITY for its reasonable costs, expenses and obligations actually incurred. See chapter 36.94.170 RCW. 1 -5 All permits issued by the COUNTY for connection to the System shall be reported to the CITY. The COUNTY will direct sewer installers to the CITY for permits to work in the CITY rights of way. CITY shall retain all fees for right of way permits. 1 -6 Each year in January, the COUNTY will report to the CITY (i) System extensions completed for the previous calendar year, (ii) the number of actual connections (ERU) completed the previous year, and (iii) the total ERU count for the System within the CITY. 1 -7 The COUNTY shall be delegated the authority to administer and enforce connection requirements to the sewer system, in accordance with Spokane County Code Chapter 8.03. COUNTY shall submit an annual report in January of each year listing the number and address of all properties where sewer service is available but which have not completed the connections to the System. 1 -8 The COUNTY, through its Board of County Commissioners, will establish, set, and adopt all fees, rates, and charges for the sanitary sewer system pursuant to chapters 36.94.140 and 35.67.020 RCW. To the maximum extent possible, rates and charges will be based on cost of service. Prior to setting rates and charges for the following year, the COUNTY shall present its proposal to the CITY for review and comment. The COUNTY will endeavor to maintain the cost of sewer construction and treatment plant capacity to serve both CITY and COUNTY customers at the lowest practicable cost. 1 -9 The fees, rates and charges for customers inside the CITY will be equal to those outside the Cl'1'Y, provided that the cost of service is equal. If the cost of service varies substantially for a class of customers inside the CITY compared to outside, or if new subsidy revenues are provided to the sewer program by either the CITY or COUNTY, differential fees, rates, or S:lcbainbridgc \Contracts & Agreements\Interlocal re Wastewater Mgmt 12- 16- 03.doc Page 3 of 11 1-10 charges may be adopted. The COUNTY will meet with the City before adopting differential fees, rates, or charges. In the event that the parties do not atrree on it proposed differential in fees, rates, or chtirgus, they agree 10 submit the issues to mediation_ The form of the mediation shall be as agreed between the parties_ C1'] "Y and COUNTY agree that the future revenues for new treatment plant capacity, upgrades of the SAWTP, interceptors and pumping stations will be generated throuffh a combination of General Facilities Charges (CPC's) and Wastewater Treatment Plant Charges. CITY agrees that subsidies for GFC's . for new development should be eliminated, and that CFC's and Wastewater Treatment Plant Charges should be set at a level co generate adequate revenues to pay for new treatment plant capacity. COUNTY agrees that surplus revenues (above the amount necessary to subsidize CFR.'s) in the reserve funds will be used to offset the. cost of new wastewater treatment plant. capacity_ I -11 Annually prior to adoption, the COUNTY will provide the CITY with the proposed Capital Improvement Plan (CIP) and proposed Capital Facilities Rates (CFR.'s) for extension and operation of the System within the CITY. SECTION 2: PLANNING. DESIGN, AND COTNTSTRUCTION OF SEWERS 2 -1 The COUNTY will update the Spokane County 200.1 Comprehensi Wasl:ewater_Managcment Plan (Plan) as necessary to conform to the City of Spokane Valley Comprehensive ([and use) Plan. 2 -2 The COUNTY shat] be responsible for diligently pursuing the completion of the sanitary sewer system and septic lank elimination program (STEP) in accordance with the Plan and the Six Year Sewer Construction Capital improvement Program, as amended annually, This responsibility shall include the planning, design, and construction of new sewers, as identified in the Plan, within the System through the life of this Agreement. 2 -3 The COUNTY may extend the System to areas outside of the CITY, provided that adequate capacity is maintained in the trunk and interceptor sewers to serve properties within the CITY. Extension of sewer service outside of the CITY shall not cause additional costs to accrue to CITY serer users. 2 -4 The COUNTY shall restore all CITY streets, in which sewer construction takes place, with full width reconstruction of the street base, surface and drainage to standards approved by the CITY, which standards shall not. be less than the standards adopter] and applied by the COUNTY prior to incorporation. The CITY shall pay for all additional costs to provide fu €I width pavement, beyond the normal trench width pavement replacement. The methods used to establish the scope and bucket for full width paving shall be generally consistent with the methods established on Attachment "A "_ At the beginning of each construction season, COUNTY staff in collaboration with CITY stair will evaluate the condition of streets and roads within the CITY, and determine the scope and cost for full width pavement in that year's projects. Full width pavement will not be included in the construction projects until the CITY and COUNTY staffs' agree in writing to the scope and budget. for full width paving. During the construction period, COUNTY will provide. monthly invoices to he C.[TY for the full width paving completed, and CITY shall provide payment to the COUNTY within 30 calendar days. S_lchainbridgclConrracis & Agrcvmcnts\Iratrlocal ry Was[ewatcrMgml 12-16-03 floc Page 4 or 11 2 -5 The COUNTY shall continue to actively pursue grants and low interest loans to offset costs of the sewer construction program. Grants and loans shall be applied proportionally to COUNTY sewer customers outside and inside of the CITY. 2 -6 The COUNTY will pursue the reauthorization of the Aquifer Protection Area Fees as provided for in chapter 36.36 RCW to reduce the cost of sewers to users of the System. The CITY shall consider a resolution to support this effort to obtain additional funds to reduce the cost of sewers to CITY residents and properties. 2 -7 The COUNTY shall continue to provide a subsidy to the cost of Capital Facilities Rates using the computational method currently in effect, within the limits of sewer reserve funds available for the subsidy. A copy of that method is attached hereto as Attachment "B" and incorporated herein by reference. For the purpose of this Agreement the terminology "Sewer Reserve Fund" shall mean those monies reflected in Budget Funds 403 and 436, indicated as Beginning and End Fund Balances. Sewer Reserve Funds are for authorized sewer uses and APA program uses, and are not solely for the subsidy of Capital Facilities Rates. Neither the COUNTY nor CITY will be obligated to contribute any additional funds to support this subsidy. SECTION 3: WASTEWATER TREATMENT PLANT CAPACITY 3 -1 Currently, wastewater treatment is provided at the City of Spokane Advanced Wastewater Treatment Facility (SAWTP) for which the COUNTY has a contract with the City of Spokane for up to 10 million gallons per day of capacity. 3 -2 The COUNTY acknowledges that a portion of the above referenced wastewater treatment. capacity has been acquired by the CITY properties connected to the System. The CITY agrees that the COUNTY will be the lead agency for implementation of a new regional wastewater treatment plant in the western edge of the Spokane Valley geographic area. The new regional treatment plant will be capable of providing wastewater treatment capacity to customers in the CITY, the COUNTY, and the City of Spokane. As the lead agency, the COUNTY agrees to evaluate the Playfair Race Track as an alternate preferred site for the new regional plant, and will prepare an amendment to the previously finalized Supplemental Environmental Impact Statement and Wastewater Facilities Plan Amendment report. The project will be implemented using the Design Build Operate (0130) delivery method. The COUNTY will endeavor to complete the evaluation of Playfair Race Track on a schedule to facilitate execution of the SRF Loan Offer that has been extended to the COUNTY by the Washington Department of .Ecology. The COUNTY will make the final decision on the location and size of the new regional plant in consultation with the CITY, and the City of Spokane. SECTION NO. 4: INDUSTRIAL PRETREATMENT PROGRAM 4 -1 The CITY delegates authority to the COUNTY to implement and administer the County's Approved Industrial Pretreatment Program ("AIPP") in accordance with County, State, and Federal laws, regulations and requirements. For the purpose of this Agreement the COUNTY'S AI.PP shall mean the Industrial Pretreatment Program dated June 5, 1998 and any revisions thereto approved by the Washington State Department of Ecology. This authority shall apply to all properties that utilize the COUNTY'S wastewater collection system located within the CITY'S incorporated boundaries. The AIPP includes the COUNTY'S Pretreatment Ordinance as adopted in Chapter 8.03, Article 4000 "Pretreatment," (in its entirety), and S:lcbainbridge\Contracts & Agrccmcntsllntcrlocal re Wastewater M4gnu 12- 16- 03.doc Page 5 of 11 Sections 8.03.9080, 8.03.9100, 8.03.9160, 8.03.9180, and 8.03.9185 of the Spokane County Code. 4_2 The CITY shall adopt the provisions of Spokane County Code Chapter 8.03 Article 4000, "Pretreatment," (in its entirety), and Sections 8.03.9080, 8.03.9100, 8.03.9160, 8.03.9180, and 8.03.9185 prior to the COUNTY implementing or administering its AIPP within the CITY'S boundaries. A copy of said Article and Sections are attached hereto in Appendix "A." The C.1TY agrees to review, consider and adopt future revisions made by the COUNTY to Spokane County Code Chapter 8.03, Article 4000 "Pretreatment," (in its entirety), and Sections 8.03.9080, 8.03.9100, 8.03.9160, 8.03.9180 and 8.03.9185 of the Spokane County Code within 90 calendar days of the date of adoption by the COUNTY. 4 -3 The CITY delegates authority to the COUNTY to enforce all the provisions of Spokane County Code Chapter 8.03, Article 4000 "Pretreatment," (in its entirety), and Sections 8.03.9080, 8.03.9100, 8.03.9160, 8.03.9180, and 8.03.9185 of the Spokane County Code within the CITY as those provisions presently exist or as they may be hereafter revised. The CITY agrees, upon request of the COUNTY, to make available any of its staff, to include law enforcement, which may be necessary in conjunction with COUNTY enforcement actions. SECTION 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: SECTION 6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION 7: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTIES. SECTION 8: LIABILITY City of Spokane Valley City Manager or his/her authorized representative Redwood .Plaza 11707 East Sprague Avenue., Suite 106 Spokane Valley, Washington 99206 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of there from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out: of any negligent act or omission of COUNTY, its officers, S:1c.bainbridge \Contracts & Agreementsllnterlotal re Wastewater Mgmt 12- 16- 03.doc Page 6 of 1 agents and employees, or any of them relating to or arising, out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, Loss, or damages is brought against CITY, COUNTY shal E defend the saint at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shal] satisfy the same. (h) CITY shal] indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any su it. based upon such claim. action, loss, or damages is brought against COUNTY, CITY shalt defend the same at its sole cost and expense., provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified parry with a full and complete indemnity of claims made by the indemnitor's employees_ The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and err Y agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not Tess than $5,000,000 per occurrence with $5,000,000 aggregate limits including for ENGINEERS professional liability and auto liability coverages. SECTION 9: RELATIONS-UP OF 7.' ±E,. PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee agent, servant or representative of COUNTY for any purpose. SECTION 10: MODIFICATION This Agreement may be modified in writing by rnutua[ written agreement: of the PARTIES. SECTION 11: DURATION This Agreement shall be effective as of the date set forth herein above and sha]l continue until terminated pursuant to Section 11. SECTION 12: TERMINATION Upon 12 months advance written notice:, sent by certified mail, the CITY may terminate this Agreement. Within fifteen (15) days after receipt of the written notice, and at least once every two weeks thereafter, the parties shall meet to negotiate the terms and conditions of a Termination Agreement. The Termination Agreement shal] address transfer of assets, transfer of employees, transfer of fund balance 5_kcbainbridge \Contracts& Agrecments\]ntulacal re Wastewater Mgnu 12- i6- 03.dpc Page 7 of 1 1 reserves, transfer of contractual obligations, transfer of indebtedness obligations, establishment of system value, payments to the COUNTY, and all other aspects of an equitable termination of this Agreement, and pursuant to chapter 36.94.180 RCW. it is acknowledged that if the CITY chooses to assume jurisdiction of the wastewater facilities within its boundaries, such assumption will materially affect the operation of the remaining COUNTY system. If the parties are unable to reach final agreement on the terms and conditions of a Termination Agreement within six (6) months from the date of receipt of the notice, non - binding mediation shall occur. The parties shall decide the mediation procedures, dates, and person(s) to conduct the mediation. Mediation shall be concluded within twelve (12) months from the date of receipt of the notice, unless mutually agreed otherwise by the parties. SECTION 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by the COUNTY under the terms of this Agreement shall remain with the COUNTY. SECTION 14: ALL WRITINGS CONTAINED I{ER.E.IN /I3INDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there arc no other understandings, oral or otherwise, regarding the subject matter of this Agreement. This Agreement shall be binding upon the. PARTIES hereto, their successors and assigns. SECTION 15: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of' Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement: of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION 16: SEVERA13ILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION 17: RECORDS All public records prepared, owned, used or retained by COUNTY in conjunction with this Agreement shall be deemed CITY property and shall be made available to CITY upon request by the CITY Manager. COUNTY will notify CITY of any public disclosure request under chapter 42.17 R.CW for copies or viewing of such records as well as the PROSECUTOR'S response thereto. S:lebainbridge \Contracts & Agecmcntsllntcrlocal re Wastewater Mgmt 12- 16- 03.doc Page 8 of 1 SECTION 18: IIEADDIGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION 19: STATIONARY CITY agrees COUNTY will use COUNTY'S stationary in conjunction with meeting its responsibilities under the terns of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICK.Y M. DALTON CLERK OF THE BOARD BY: Daniela Erickson, Deputy M. KATE MCCASLIN DATED: Attest: City Clerk (Title) Approved as to form only: City Attorney JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair CITY OF SPOKANE VALLEY: 13v: Its: S:\cbainbridgelContracts & Agreemcnts\Interlocal re Wastewater Mgmt 12- 16- 03.doc Pagc 9 of 11 ATTACHMENT A TO THY. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING WASTEWATER MANAGEMENT Pavement Removal and Replacement Limits for Sewer Construction Spokane County will include in its annual sewer construction budget the costs to restore the paving that is required to be removed for sewer construction, including mainline sewer, manholes, and side sewers. The City of Spokane Valley may elect to add to the scope of the paving work associated with County sewer projects. For example, the City may request additional pavement replacement to accomplish full - width paving, additional road pavement width, and /or extended paving beyond the termination of the sewer main. The following guidelines shall be used as the underlying basis for determining the County's share of the asphalt concrete pavement (ACP) removal and replacement costs: 1. The quantity of ACP removed and replaced to construct a section of sewer main between two manholes shall be determined using the following dimensions: a) Width: The lesser of 1.8 times the average depth of the sewer along the section of sewer main, or the existing road width. b) Length: Manhole center to manhole center, plus an additional fifteen feet beyond each terminal manhole. 2. The quantity of ACP removed and replaced to excavate the trench for a sewer service stub shall be determined using the following dimensions: a) Width: 15 feet b) Length: Distance from edge of existing pavement to calculated limit of sewer main trench as determined in 1.a) above. 3. In those locations where ACP removal for the sewer main to the width described in 1.a) above would leave a strip of existing A.CP less than six (6) feet in width, removal and replacement of that strip of existing ACP will be included in the cost of the sewer project, and shall become part of the County's share of the cost. 4. to those locations where ACP removal for the sewer main and service stubs, as described in paragraphs 1 and 2, would leave an area of existing ACP less than 50 square yards in size, removal and replacement of that area of existing ACP will be included in the cost of the sewer project, and shall become part of the County's share of the cost. S:lcbainhridge \Coinracts & Agreementsllnterlocal re Wastewater Mgmt 12- 16- 03.doc Page 10 of 11 1 Total Cost of Projects $12,000,000 + 2 Interim Financing Costs Estimated at 2% $240,000 3 Subtotal = S 1 2,240,000 4 Grant Funding From WDOE $3,750,000 5 Subtotal = 58.490,000 + 6 General Facilities Charges (GFC) 54,294,610 7 Subtotal = $12,784,610 8 Subsidy Funding @ 25 % 53.196 9 Subtotal = 59,588,458 / 10 Estimated Number of ERU's 1711 11 Capital Facilities Rate (CFR) per ERU = $5,604 CALCULATION OF MONTHLY CFR 1 Estimated Bond Interest Rate 6 % 2 CFR per ERU 55,604.00 3 13ond Issuance Costs (2 1.3 % $72.85 4 Total Amount Financed = $5,676.85 5 Resulting Monthly CFR Payment = $40.67 ATTACHMENT B TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY RFGA.RD NG WASTEWATER MANAGEMENT This Attachment illustrates the historical methodology used to calculate and establish the Capital Facilities Rates (CFR) to be applied for projects within the COUNTY's Septic Tank Elimination Program (STEP). The numbers used in this illustration are hypothetical and do not relate to any specific data or year of construction. This illustration does not imply what CFR amount will be established in future years. NOTES: 1. ERU denotes Equivalent Residential Unit 2. The General Facilities Charge, at the unsubsidized rate, is $2,510 per ER.0 in this illustration 1 Monthly CFR Payment amounts are computed based on 240 payments S:\cbainbridgelContracts & Agreements \Tnterlocal re wastewater Mgmt 12- 16- 03.cfoc Page I 1 of 11 DRAFT- December 1, 2003 MEMORANDUM OF AGREEMENT BETWEEN Tiff CITY OF SPOKANE AND SPOKANE COUNTY REGARDING REGIONAL WASTEWATER TREATMENT PLANT SITING WHEREAS Spokane County (COUNTY) has completed a Wastewater Facilities Plan (Plan) for the implementation of a new regional wastewater treatment plant (Plant), which has been approved by the Washington Department of Ecology (Ecology), and WHEREAS the COUNTY has been offered a low interest State Revolving Fund Loan that will have a substantial beneficial impact on the rates and charges necessary to finance the Plant, and WHEREAS during the preparation of the Ilan, the City of Spokane (CITY) did not desire any allocation of new treatment capacity from the Plant, and WHEREAS the CITY's ongoing engineering work on their Combined Sewage Overflow Program has recently established that it would be desirable for the CITY to acquire treatment capacity in the Plant, and WHEREAS the CITY has estimated that 2.5 million gallons per day (mgd) of capacity in Phase 1 of the Plant, and up to an additional 2.5 mgd of capacity in Phase 2 of the Plant would be desirable for the CITY'S wastewater treatment needs, and WHER.EAS the preferred sites included in the Plan for the Plant did not include consideration of the flow needs of the CITY, and WHEREAS the COUNTY is willing to suspend the implementation of the design and construction of the Plant long enough to perform an amendment to the Plan, and an amendment to the Environmental Impact Statement (E1S), which would evaluate the feasibility of locating the Plant at Playfair Racetrack compared to the preferred sites included in the Plan. NOW THEREFORE, the CITY and the COUNTY do hereby agree as follows: 1. The COUNTY will amend the Scope of Work and Budget for the planning work to amend the Plan and the EIS to increase the capacity of the Plant to accotnmodate the wastewater treatment needs of the CITY, and to consider the Playfair Racetrack site. 2. The planned capacity of the Plant in Phase 1 will be increased to 10 mgd. 3. The CITY's share of capacity in the Plant after Phase 1 construction will be 2.5 mgd. 4. The planned capacity of the Plant for Phase 2 will he from 15 mgd up to 18 med. depending on the. future needs of the CITY. City of Spokane MOA on Playfair FOR SPOKANE COUNTY: FOR CITY OF SPOKANE: City of Spokane MOA on Playfair DRAFT- December 1, 2003 5. The County will be the lead agency for conducting the planning work related to amending the Plan and amending the EIS, but will coordinate closely with both the. CITY and the City of Spokane Valley. 6. The CITY will share in the costs of the planning and preliminary engineering for the Plant based on a 25 % proportionate share of Phase 1 costs. Total costs to- date have been $ , and the estimated costs for completion of the PIan/E1S amendments and purchase option on Playfair are estimated at up to $500,000. 7. COUNTY will send an initial invoice to the CITY for $ , to cover the proportionate share of costs to -date, and will send another invoice after completion of the amendments to cover the proportionate share of costs for the amendments and purchase option. CITY will provide payment to the COUNTY within 30 calendar days of receipt of each invoice. 8. CITY and COUNTY recognize and agree that tune is of the essence for completion of the Plan and EIS amendments, so that they can he approved by Ecology prior to the COUNTY'S August 16, 2004 deadline for execution of Ecology's State Revolving Fund Loan offer. 9. This Memorandum of Agreement does not obligate either the CITY or COUNTY to participate in any additional activities or costs after completion of the Plan/EIS amendments, without the execution of a detailed Interlocal Agreement to define the terms and conditions for additional activities related to implementation of the Plant. By: Date: County Utilities Director By: Date: City Public Works Director CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 16, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed Interlocal Agreement to extend services of Spokane County Library District (SCLD) GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: On October 21, November 12 and November 25, Council discussed library service options. BACKGROUND: On December 3, the SCLD Board held a special meeting to discuss an altemative proposal. Attached is the SCLD proposal, along with a background memo by City staff. Please note that City staff have just learned from the County that our taxable valuation is currently estimated to be $4.35 billion, not the $4.6 billion both City and Library District staff were projecting. SCLD was using $4.6 billion as a basis for its flat fee proposal. City and District staff are communicating about this turn of events. In addition, the SCLD Board has a meeting scheduled for 4 p.m. on December 16. We will present any available updated information at the City Council meeting. RECOMMENDED ACTION OR MOTION: Provide feedback and direction on the latest draft interlocal agreement for 2004 library services. BUDGET /FINANCIAL IMPACTS: The City has budgeted an estimated amount in 2004 for library services. $2,185,000 exceeds that amount by $132,000. Any reimbursement of Capital Facilities Plan expenses would be in addition. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. City Background Memo 2. SCLD- Proposed Draft Interlocal Agreement Item Nov. 18 District Proposal Nov. 12 City Proposal Notification deadline June 30, 2004 deadline No deadline CFP development District will begin CFP after City makes decision about 2005 District with City assistance will begin CFP in early 2004. CFP cost District pays (max. $50,000). District pays (max. $50,000). Cost of 2004 agreement Valuation multiplied by levy rate (est. $2 $2,028,000 flat fee S6k Memorandum To: David Mercier, City Manager and Members of Council From: Nina Regor, Deputy City Manager and Morgan Koudelka, Administrative Analyst Date: December 16, 2003 Re: Background Memo — 2004 Library Service Agreement 11707 E Sprague Ave Suite 906 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org On December 3, the Spokane County Library District (SCLD) Board voted to forward to the. Spokane Valley City Council for consideration some proposed revisions to the draft 2004 agreement. Following is a summary of their proposal: A. The deadline proposed by SCLD on November 18 has been eliminated. This deadline called for the City to notify the District of its decision to continue or discontinue library services beginning in 2005. B. The District and City will be to develop a Capital Facilities Plan (CFP) for Spokane Valley beginning in early 2004. C. The District will pay the cost of the CFP, but the City will reimburse SCLD for external costs if it chooses not to continue library services with the District in 2005. D. The City will pay to SCLD a flat fee of $2,185,000 for library services in 2004. Prior Proposals Other Cities in Washington A question was raised as to the number of library branches in cities of similar size. The - following table shows some 2003 background information on six cities in Washington compared to Spokane Valley. Background Memo — 2004 Library Service Agreement, continued December 16, 2003 Page 2 of 2 City Bellevue Everett Federal Way Kent Yakima Kennewick Population 112,894 97,088 82,174 81,724 73,298 Branches Provider 1 District 2 City 2 District 1 District 1 District (via Contract) 57,949 2 District Cost $10,375,458 4,015,807 2,969,944 4,099,698 1,836,717 1,251,022 Spokane Valley 82,005 1 .District 2,141,929 Note: Cost for Everett based on budeet; all others based on property tax valuation. Cost for Spokane Valley is estimated. There is a wide variation on the cost per branch. However, no analysis has been done to compare these branches in terms of size of branch, circulation size types of amenities, etc. Per Cap. $91.90 41.36 36.14 50.17 25.06 21.59 26.12 iii`Uuil i SPOKANE OOUNTY LIBRARY DISTRICT 1 viwiv Administrative Offices 4322 N. Argonne Road Spokane, WA 99212 -1868 509.924.4122 fax 509.928.4157 December 4, 2003 Honorable Michael DeVleming, Mayor City Council City of Spokane Valley 11707 East Sprague Ave. Spokane Valley, WA 99206 Dear Mayor DeVleming and City Council Members: At a December 3 special meeting, Spokane County Library District's Board of Trustees unanimously approved several revisions to the terms of its November 18 library services agreement proposal to the City of Spokane Valley. Those revisions are incorporated into the attached contract draft. We're pleased that the District and City staff were able to address both Board of Trustees and City Council concerns in a compromise manner that respects strongly held principles and allows us to work together on Spokane Valley library service planning in 2004. As I said at the meeting, we've served the Spokane Valley for 60 years and we hope to continue serving the City of Spokane Valley for many years to come. We're eager to move forward with you to do so. We hope that you will look favorably on these contract changes and approve the agreement at your December 16 meeting. Sincerely yours, E. David Sari, Chair Board of Trustees Encl. cc: SCLD Board of Trustees City Manager Dave Mercier Deputy City Manager Nina Regor -- :ID►FT— INTERL CAL AGREEMENT BETWEEN THE SPOKANE COLT TY LIBRA.RY DISTRICT AND THE CITY OF SPOKANE. VALLEY RELATING TO THE PROVISION 017 LIBRARY SERVICES This lnterlocal Agreement (the "Agreement ") is entered into this — day of 2003, by and between the Spokane County Library District strict (the "District ") and the City of Spokane Valley, a Non Charter Code City of the State of Washington (the "City ") jointly referred to as "parties". WHEREAS the City incorporated effective Mardi 31, 2003; and 'WI=LE EAS, the District provided library services to the residents of the City prior to its incorporation; and W1TEREAS, the District has the authority and agrees pursuant to RCW 27.12.180, to enter into a contract with the City to continue to provide library services to residents of the City; and. WHEREAS, the District has previously entered into similar contracts with other cities and towns in Spokane County; and W1 -tEl E S, the City has the.authority and desire; to contract for and to allocate funds in its general fund budget for the provision of library services to be provided to the residents of the City during 2004; and WHEREAS, the District agrees to cont inue to provide library services to the residents cif the City froi - n January 1, 2004 through December 31, 2004 as set forth in the Agreement; and WHEREAS, the District desires to continue providing library services to the residents of the City after the term of this contract, and to partner with the City in developing library services and facility plans that meet Spokane Valley residents' needs. NOW THEREFORE, the parties agree as follows: 1.. District Commitment to Provide Library Services to the City. From January 1, 2004 through December 31, 2004, the District shall: a. provide the public library services to residents of the City at the same service level and upon the same terms and conditions as are now being provided to all other residents witban the District ( "Libraiy Servi ") 2, City's Oblieation to Pa . istrict for Provision of Library- Services. a. The City agrees to pay to the District the Ott resulting from multiplying t -oe tified 2003 assessed valuation by the Di::trict's 2003 levy rate for property taxes to be collected in 200 a - decGpi-lae-El-marte- €kill} - E'chibit sum of $2.185,000 for library service in 2004. The City and District agree that this payment calculation method amount applies only to 2004 and understand that the method by which payments applying to any future: agreements are calculated determined may be different, b. The City shall pay the sum described in 2.a., above, to the District in two equal payments: the first payment shall be made by May 31of each year; the second payment shall be made by November 30 of each year. 3. Cost Accounting. The District shall provide co the City by no later than March 31, 2005, its annual accounting of expenditures for branch library services during its 2004 fiscal year This accounting shall be based on a mutually agreeable cost allocation method - The expenditures shall include but not be limited to personnel, supplies services, equipment, library materials, and support services, 4. City's Commitment to) Make Futu Library Services Decision. The City agrees to make a decision regarding future library services and to notify the District of that decision me -later than June 30, 2004. a, If this decision is to continue contracting with the District for library services, both parties agree to make a good faith effort to negotiate and execute a nets interlocal agreement no later than August 31, 2004. b. if this decision is to propose that voters decide on annexation to the District and the decision is made later than the date necessary for the annexation to be effective in 2005, both parties agree to make a good faith effort to negotiate and execute a one -year interlocal agreement for 2005 no later than August 31, 2004. decides to contract with the District or to propose District annexation to voters, the -14' Gopitol- facilities plan for approval by the City Council and - District Board of Trustees. It will-be- aomplctcd no later than six (6) months after receipt of apid-r-espertsribilities are generally described on Exhibit "B Page 2 of 7 .ve-le pment- recess 5. Library Capital.TaciIitics Planning- The City and District agree to work jointly to develop a Spokane Valley Library Capita! Facilities Plan for approval by the City Council and the District Board of Trustees. The Library Capital Facilities Plan is to be completed by rune 30,2004. The development process and responsibilities are described in .Exhibit "A." If the Ci decides to neither continue contracting with the District beyond 2004 nor propose annexation to the District,it will reimburse the District for consultant and other ex enses incurred in develo ment of the Libr. ' Ca.ital Facilities .lan. as described in Paragraph l .d. of Exhibit "A." 56. Administrative Authority. The City Manager or designee shall administer - and be the City's primary contact with the District. The Director of the District or designee shall be the District's primary contact with the City. 67. Relationship of the Parties. The Parties intend that an independent contractor relationship will be created by this agreement. This agreement is not a joint venture between the District and the City. No District or City employee shall be deemed a representative, employee or agent of the other party for any purpose. a. Termination. This Agreement may be terminated by either the City or the District upon six months written notice. 89. Notice. Notice shall be given in writing as follows: TO THE CITY: Name: Chris Bainbridge Title: City Clerk Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave. Spokane Valley, WA 99206 910. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from any act or omission on the part of said party or its agents, employees or volunteers in the performance of this Agreement. -1-4 11. Waiver. No officer, employee, agent or other individual acting on behalf of other party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall he taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 1412. Entire Agreement. This written agreement constitutes the entire and complete. Page 3of7 TO THE DISTRICT: Name: Michael Wirt Title: Secretary, Board of Trustees Phone Number: (509) 924 -4122 Address: 4322 North Argonne Rd. Spokane, WA 99212 -1868 agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the parties hereto. Accepted and agreed the year and date first above written. CITY OF SPOKANE VALLEY SPOKANE COUNTY LIBRARY DISTRICT David Mercier, City Manager APPROVED AS TO FORM: CITY ATTORNEY Stanley M. Schwartz Witherspoon, Kelley, Davenport & Toole, L.LP Page 4 of 7 E. David Sani, Board of Trustees APPROVED AS TO FORM: COUNSEL TO THE DISTRICT James C. Sloane Paine, Hamblen, Coffin, Brooke & Miller, LLP lea hilt' ` —` betei of-20A4 -Gai tet 1 Brit - 1 =l=lic 2001 contrast - payment hall -egg t o- City's 2003 final certified 2 d-� th r,; .r,ct4- €tnal -ee ified 200 - property -tam 401 peeper- tax -ta� cofletn "'. ������s�. levy tamer 2001 pity -tax celleetion. 2--".f-'he City shall supply th opy of the noti€ieatien -edits 2003 term certified assessed- v-luatietreeei fre o .. c . - sensor's -© th fteen -(1-4) 4ay f-its-reecipt. 3. The District shall use - the -Ei� v03— e.t ted assessed nation and its - 2-003 -sort prepet ax -levy rate- te- fnake -they ten -empUt iOn The District shall n 'ty of the ,ayt ent- ttmeurtt -in ng-wi- - feurteen (11) days of-lhavit reeeiNted -tl &City- assessed -valuation -t fieatien- and - its -ewn and shall - include a eepy -e--i- R &-oust} A sesser's- Office property tax l eti€tc ation, 4. The-Dist-shall-invoice. the -C=ity for-the-spee-ified -3ay n -ct t -at-1e prior - tee -eael yrnet ate- Exhibit "RA" 1. Library arsital Facilities Plan Development; a. The Library Capital Facilities Plan provided for in Section 4,e5 of the Agreement shall be developed by the District in collaboration with the City through an advisory committee. The advisory comnnittee shall be composed of two District staff members, a District Trustee, one representative of City staff, one City Council Member and one citizen selected by the City. Upon completion, the Library Capital Facilities Plan shall be presented to the City Council and the Board for adoption. b. The Library Capital Facilities Advisory Committee shall study and make recommendations concerning the adequacy of current capital facilities (i.e. buildings, equipment, books and other materials) available to serve the City of Spokane Valley residents' library service needs and the feasibility of developing additional library buildings to serve the City of Spokane Valley, including estimated cost of development, of operation and maintenance, and other related matters. c- Should the District or the City desire to retain consultants or any other professionals for a fee to assist with the development of the 1,3 brary Capita) Facilities Plan, such contracts may be issued by the Board upon mutual agreement of both parties. d. To develop the Library apical- lacilities Plan tThe District shall allocate approximately fifty theta:and - lI ES (350,040.00) to be used -be responsible for costs to retain consultants and other professionals skilled in developing ibrary facility plans, including and for related costs and expenses, such as but not limited to, research, publication and other incidental costs. 2. p nkanc County Library District Responsibilities: a. Carry out a Spokane Valley library services needs assessment Assemble current City of Spokane Valley library use information; obtain City of Spokane Valley demographic, land use, traffic, and capital facility planning information from City staff. 15c. Assemble current and future demographic, land use, traffic, and capital facility planning information for the portion of the Spokane Valley lying outside the City but within the District's service area. cd. Develop at least two preliminary library service models based on City demographics, geography, land use, and traffic patterns, taking into account library service needs of the remainder of the Valley outside the City limits. Include general site requirements, general constructionJFlj &E Page 6 of 7 costs, and estimated operational costs. 4e. Present the library service models in the venue(s) determined to be most appropriate to obtain feedback on tile preferred model. ef. Further develop the preferred mode] including but not limited to estimates of public and support space needs materials shelving, seating, meeting and study room technology, and parking requirements for all proposed facilities, €E. Obtain an updated construction cost estimate, and estimate or related costs. h. Determine Capital funding options and projected taxpayer and debt service costs. hi. Prepare a written library capital facilities plan proposal for presentation to the City Council and District Board of Trustees. 3. City of S rrokane 1 alley res a- Designate City staff. andlor officials to serve in an advisory capacity to the District, Provide Spokane County Library District staff with current and projected demographic, !and use and traffic information, as well as information on other city capital facilities planning. Determine the desired venue(s) for presentation of preliminary library service planning models for Feedback on the preferred model. d. Work with the District to use the feedback obtained in determining the model to more fully develop. c. Provide the District with other .information that might be useful in the capital facilities planning process. Paac 7 of 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12 -16 -03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Police Station Occupancy Agreement Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: City Manager Dave Mercier will give a brief oral report concerning the agreement. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: $ STAFF CONTACT: ATTACHMENTS Meeting Date: 12 -16-03 City Manager Sign -ofd: _ Item: Check all that apply: 0 consent ❑ old business D new business ❑ puhIPc hearing x information ❑ admin. report © pending legislation AGENDA ITEM TITLE : Fleet Management Policy Draft GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: City !Manager Dave Mercier will discuss the attached draft Fleet Management Policy OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: $ STAFF CONTACT: ATTACH MENT CITY OF SPOKANE VALLEY Request for Council Action Fleet Management Policy DRAFT FOR DISCUSSION ONLY City of Spokane Valley Policy & Procedures Purpose: The purpose of this policy is to establish rules and guidelines for the use of City owned vehicles. It will be the policy of the City to provide vehicles for business usage and to reimburse employees for the approved business use of any personal vehicles. Authority: This policy is issued under the authority of the Spokane Valley City Council. Definitions: 1. Vehicle: The term is used in this policy to include, but is not limited to cars, trucks, heavy equipment, motorized construction equipment or special vehicles. 2. Employee: Any City employee, member of the City Council or other supplemental operators or agents of the City. 3. Operator: The person driving or in physical control of the vehicle. Procedures: Employee Responsibilities 1. Employees will furnish their supervisor with a photocopy of their driver's license and obtain permission to operate a City vehicle, prior to operating any vehicles. 2. Employees will inform their supervisors of any changes that may affect their legal or physical ability to operate a vehicle or the ability to obtain insurance for a vehicle. 3. Employees holding jobs that are designated as requiring regular driving for business, must as a condition of employment, maintain the approved standards of this policy as do employees who may only occasionally operate City owned vehicles. 4. Employees who need transportation in the course of their normal .duties may be assigned a City vehicle for their use. The employee will use and care for this vehicle within the scope of this policy. . City of Spokane Valley Fleet Management Policy Page 1 of 5 12/11 /2003 5. Employees who need transportation for City business on an occasional basis may use a City vehicle or, if no City vehicles are available, may use their private vehicle with the supervisor's prior knowledge and permission. 6. Employees who drive a vehicle on City business will exercise due diligence to safe driving and will maintain the security of the vehicle and its contents. 7 The operation of a vehicle while under the influence of any intoxicant is prohibited. Intoxicants may include but are not limited to alcohol, prescription- or non - prescription drugs. The City has a zero tolerance policy for operation of vehicles by employees who have alcohol or illegal drugs in their blood system above the tolerant limits as specified by state law or City policy, whichever is stricter. 8. Employees shall not operate a City vehicle when they are impaired due to injury, illness, medication, or other disabling situations. 9. Employees will be personally responsible for any driving infractions or fines as a result of their operation of any City vehicle. 10. Employees will not knowingly operate a defective vehicle or a vehicle that does not meet the standards of this policy. 11. Employees may not use a City vehicle for other than de minimis personal use. Employees generally will not use a City vehicle for non - business purposes unless there is a compelling justification that is approved by a supervisor. These uses are designed to allow for extension of official duties based on an emergency situation or other warranted circumstances. Use of a City vehicle for purely personal reasons is prohibited. 12. Employees will be reimbursed for the use of their private vehicles as specified in Ordinance 29 adopted by the Spokane Valley City Council. 13. Employees of the Police, Community Development and Public Works Departments are required to know and follow any special vehicle operations policy that may be in place in those departments. Nothing in this policy is intended to replace or supercede such departmental policies. This fleet management policy is intended to augment those policies. 14. Employees who have been assigned a City vehicle on a• 24 -hour basis, including commuting, will operate the vehicle as part of an emergency response or for official City business within the scope of this policy. :. _ • City of Spokane Valley Fleet Management Policy Page 2 of; 12/11/2003 Supervisor Responsibilities 1. Monitor the use of City vehicles and designate employees authorized to operate the vehicles. Annually verify that each employee's license is valid and that no adverse actions have been taken or are pending that impair an employee's license to operate a motor vehicle. 3. Inspect each vehicle and cause necessary maintenance and repairs to be completed so as to keep it operating in a safe and legal manner. 4. Investigate and report any accidents or incidents that come to their attention. 5. Notify the Risk Manager of all accidents, problems, issues, or employee license or insurance problems that they are aware of. 6. Enforce the policy and procedures. Passengers in City Vehicles 1. Generally, non - employee, non - business passengers will be prohibited in City vehicles. Exceptions include: A. When the transportation of a person is necessary in order to provide for their safety or well being. B. When accompanying an employee on a business related task or mission of short or limited duration. C. When approved by a superior authority for specific and articulated reasons within this policy. When there are passengers, the following apply: A. Generally, all passengers will be 18 years or older; minors will require permission from a supervisor. B. Passengers are required to use seat belts and/or infant seats. C. When practical, passengers will complete a liability waiver form. Police vehicles are subject to the policy manual of the Police. Department as well as this policy. N City of Spokane Valley Fleet Management Policy Page 3 of 5 12/11/2003 Surplus Vehicles A_ Police officers may give transportation to stranded motorists or other citizens in a community care - taking role, These events are limited in scope and duration and will be reasonable in nature. WDOT, Alcohol and Drug Testin_g 1. Employees may be required to take a drug or alcohol test under the conditions listed below A. Pre - employment B. Upon reasonable cause or suspicion C. Past accident or incident D. Upon return to employment from . a protracted separation E. In conjunction with WDOT or other mandated laws or rules F. In conjunction with applicable provisions of the Spokane Valley personnel ordinances, resolutions, and policies Vehicle Inspections /Maintenance Procedures 1, Unless a City Fleet Manager has been designated, each department head or designee will maintain a file on each assigned vehicle. This file will contain all information on inspections, repairs, or other issues related to the vehicle. 2. Employees will inspect the vehicle before operation and verify that the vehicle is safe to operate. 3. Employees will complete a maintenance defect report on all problems noted and will not operate the vehicle if critical components are defective_ 4. Supervisors will inspect vehicles at regular intervals and prepare a written evaluation to the department head. 5. A proof of insurance card issued by the Washington Cities Insurance Authority will be carried in each vehicle. 1. All vehicles declared surplus will be disposed of in accordance with City and State laws. Generally they will be sold at public action. A release, hold harmless agreement will be required before release of title. The vehicles are sold "as is" and this will be documented on the -hold harmless agreement_ L:iLy of Spokane Valley Fleet Management Policy Page 4 t 1 [ 2111 /2003 Accident Reporting and Investigation 1. As soon as possible, employees will report to their supervisor any accident, theft, malicious damage or problems that involve a City vehicle or a privately owned vehicle that is being used on City business. The extent of damage . or the lack of injuries will not excuse the required reporting of all incidents, major or minor, to a supervisor within forty -eight (48) hours. 2. The appropriate local law enforcement authority will be notified of accidents. Employees will cooperate fully with official authorities investigating the accident or incident and will not offer voluntary statements other than in reply to official questions of the investigators. 3. The Risk Manager for the City will be notified immediately of all serious injury or death related accidents. 4. Employees will cooperate with the official investigation and any internal investigation that may follow. Accident/Incident Review Board 1. At the direction of the department head, an accident or incident review board may be convened to review the events and render a decision. The review board will be made up of at least three employees. At least one member of the board will be a first level supervisor chosen by the department head. The other two members may be from any division within the City. 2. The review board will determine facts and circumstances surrounding the event and will inform the department head of its opinion regarding whether or not the accident was preventable by the employee. 3. The review board will submit a written report to the department head citing suggestions or recommendations for preventing similar accidents or injuries. Smoking 1. Smoking or use of tobacco products is prohibited in City vehicles. City of Spokane Valley Fleet Management Policy Page 5 of 5 • 12/11/2003 Meeting Date: 12 -16-03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Legislative Issues GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Councilmember Taylor will lead a discussion on current legislative issues. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: $ STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Volume 26, No. 19 December 9, 2003 From the Director... Legislative AWC Board Sets Legislative Priorities for 2004 1076 Franklin Street SE Olympia, Washington 98501.1345 ASSOCIATION OF WASHINGTON CITIES A t its November meeting, the AWC Board reviewed the recommendations of the Legislative Committee on AWC's 2003 -04 resolutions and proposed legislative priorities. The adopted package includes 7 top priority issues for the 2004 Legislative Session: • Transportation Funding • Enhancing Economic Development in Cities • Infrastructure Financing • Annexation Reform • Liability Reform: • Unfunded ,Mandates • Telecommunications & Rights of Way A chart outlining these issues and 2003 legislative action on these items is included on page 2. A chart of all AWC resolutions/priorities and a brief description of 2003 legislative action on these issues, as well as the 6 new issues adopted by the Board, is available on the AWC website at vnvw.awcnet.or /documents) 2004ressummary.pdf Finally, the Board approved a revised Tri- Association Legislative Proposal for the 2004 session. A copy of the entire Tri- Association package is included in this Bulletin. Energy & Telecommunications 3 Environment & Water 4 General .Local Government 6, -- Land Use & Planning Local Government 2ndJoint Legislative Proposal Law & Justice 11 • Municipal Finance & Economic Development 13 Personnel & tabor Relations 14 Transportation & Infrastructure 15 Register for the 2004 City Legislative Action Conference! January 28 - 29, 2004, Red Lion Olympia Hotel Please be sure to register for the 2004 AWC City Legislative Action Conference. It is critical that legislators hear directly from cities and towns, and there is no better place to make that happen than at this conference. Conference registrants will again receive confirmation letters with sample letters to assist you in personally inviting legislators to our conference. Please remember to invite your legislators to the AWC Legislative Reception, 6 to 8 pm, January 28, at the Washington Center for the Performing Arts in downtown Olympia as well as the AWC Legislative Breakfast, 7 to 7:45 am, January 29 in the Red Lion Olympia Hotel Ballroom. Please complete and return the postcard you received with your confirmation materials, or email Jen Brimer (jcnb @awcnet.org) to confirm your plans for meeting legislators at these events. Register Early for Pre - Conference Workshop This workshop is an excellent opportunity to learn how to better advocate for your city in the State Legislature - learning from Nit.a Rinehart, a former Senator and true expert on communicating effectively with legislators. It. will be held January 28, 10 to 11:30 am, at the Red Lion Olympia Hotel. There is no additional charge for this year's pre- conference session. However, space is limited, so be sure to register early. For more information and on -lint registration, please visit the AWC website at w w.awcnet.org - click on Training, then click on City Legislative Action Conference. We hope to see you at this year's conference! (360)7534137 FAX (360) 753 -4896 Toll free (800) 562-13981 Priority Issues Resolution 'Title Summary of Resolution 2003 Legislative Action Transportation Funding AWC supports a long -term solution to our transportation funding needs through a balanced transportation revenue package that provides additional revenue to cities and their transportation partners - the counties, WSDOT, and transit agencies - and recognizes the special needs of all transportation providers. Ref. 51 failed at November 2002 ballot. Le approved ESHB 2231 regarding transportation funding, raising S4 billion over ten years, primarily for state projects. Enhancing Economic Development in Cities AWC urges the Legislature to institute an economic development program providing new funding, and other tools, for all communities. Any such program should have a menu of choices that local communities can use to address local circumstances. Ongoing issue.. Legislation, S13 5363, was approved that provides an ongoing annual appropriation of $900,000 to the Community Economic Revitalization Board. infrastructure Financing AWC will encourage the business community and other stakeholders; to become actively involved and to support infrastructure financing solutions for the shortfalls to be identified in the legislative infrastructure needs assessment. Legislature approved ESHB 2231 - statewide transportation package raising $4.178 billion over 10 years, primarily for state projects. Local government funding issue. ongoing. Annexation Reform AWC supports enactment of legislation in 2003 that establishes a constitutionally defensible alternative to the election method of annexation and provides a method to annex lands not occupied by qualified voters, and validation, if necessary, of municipal boundaries in place prior to the issuance of the Supreme Court's final decision. Legislature approved: SSB 5409, providing new petition methods for annexation of contiguous territory. Effective Date: May 16, 2003 SHB 1755, creating alternative means for annexation of unincorporated islands of territory.. Liability Reform Requests legislation regarding: "arbitrary and capricious" standard; serving on state boards; certificate of merit; early settlement; employer liability; failure to wear seat belt; and joint and several liability; police officer liability immunity. Ongoing issue. A number of bills were introduced addressing joint & several liability, reference checks, tort judgment interest rates, and use of seat belts. Nothing passed. Unfunded Mandates Strongly opposes additional state and federal mandates on local governments, unless such mandates are compelled by a significant public interest and are accompanied by sufficient financial resources. Ongoing issue. Successfully fought back proposed unfunded mandates regarding Shorelines Updates (SSB 6012). Telecommunications & Rights of Way Protect local authority to manage city rights -of -way and publicly owned infrastructure. Support the preservation of taxing authority and the right to compensation; Retain ability to negotiate cable franchise agreements. Ongoing issue. 2 eglslativeBulletin From the (Director (continued) AWC Legisl Bulletin— Copyright ® 2003 Association of Washington Cities. All rights reserved. AWC Legislative Bulletin - December 9, 2003 Enery & Telecomfrtunications House Technology, Telecommunications & Energy Committee meetings Chairman Jeff Morris convened two House Technology, Telecommunication & Ener Committee meetings last week, as a prelude to the Start of the 2004 session. Testimony was taken on a number of issues, such a: the Energy Facility Site Evaluation Council (EFSFC) authority over the siting of transmission facilities, utility portfolio standards for renewable energy, biodiescl fuel tax incentive5Jcredits, and incentives for new gas, electric and telecommunications infrastructure, In telecommunications, the committee held a work session on the technology of Internet and touch screen voting, and the extension. of high technology research and development tax incentives_ These are a few of the issues this committee will be discussing during the 2004 legislative session. Cities will be very interested in the siting of transmission lines (with concerns about preemption of local authority), any portfolio standards that might impose new mandates or increase the cast of power, arid any tax incentives that may impact city revenues, Chairman Morris told committee members that he intends to pass ail bills (that would have a Chance of moving this year) during the First week, This probably means a night committee hearing the first wcck of the 2004 iegislal.ive session in order to get through the long list of proposals. Contact Victoria Lincoln or Sheri Sawyer for bill drafts. Relocation of Utilities During the AWC Legislative Committee meeting on November 14, there was an extensive discussion a bout the issue of who pays to move utility infrastructure during the construction cif the Sound Transit light rail line_ A g roup or cities had sent a letter to AWC requesting that AWC oppose any bill that requires Sound Transit to pay for utility relocation costs, The letter states that there is a broader issue at stake in this debate, regarding the precedent- setting potential for cost responsibility of all utilities located AWC Legsiattvc Bulletin - Decern.bar 9, am in public rights of way, The letter was brought forth to the Legislative. Committee in the form of a new issue and the. Connnittee voted overwhelmingly to support the group's request.. Some history~ For several years, Q vest has brought, Forth legislation that would require Sound Transit to pay for any utility relocation due to construction of the transit system, Each year the bill has fulled. In 2003, a new version of a bill actually passed both houses and was delivered to the Governor (SB 563Z), The Governor vetoed the bill but asked the parties to go back and address several issues that concerned him, Although a 11Cw bill was Qin:ulat,ed (SL MBA), the issue died in the special session. Because the Legislature operates on a biennium, either hill can be resurrected during the 2004 session, Prior to the l)eginhing or the legislative session, AWC veil] be meeting 4vith other interest groups who share the cities' concern with utility relocatiors. 3 L eta. f is1ativeBulletin Phase Il Stormwater Update The Department of Ecology has concluded the work of two municipal storrnwater advisory groups - one for Eastern and another for Western Washington. These groups included several representatives from cities poised to be permitted under the federally designated Phase 11 NPDES (National Pollution Discharge Elimination System) program mandated by the Federal Crean Water Act. Close to 100 Washington cities on both sides of the Cascades will soon be required to get a permit from Ecology for a program to manage local storrnwater. The Advisory Committees spent months seeking to advise Ecology on what should or should not be required in the program that will be developed over the coming year. Many technical and policy issues were thrashed out. AWC greatly appreciates the hard work and dedication of time provided by city representatives. While program specifics are yet to be finalized, it appears that Ecology will craft separate programs and permits for jurisdictions on each side of the state - something supported by AWC. 4 Environment & Water It also appears that the program will NOT include requirements that exceed minimum federal standards - something also strongly supported by AWC. Over the past year or so, city interests have advocated that exceeding such minimum requirements would burden them with an unfunded mandate. Individual cities retain the authority to exceed such standards when and if local officials elect to do so (as several impacted cities already have chosen to do). Last week in Olympia, rnembers of the House Agriculture and Natural Resources Committee were briefed on the work of these Advisory Committees. AWC indicated that we will not pursue legislation that would have given legislative direction to Ecology to develop a stormwater program and permit. that corresponds With minimum federal guidelines because Ecology has chosen to do that already. We did ask that the Legislature maintain oversight on program and permit development. We also lent our support to the idea that the State develop strategies to obtain fiscal and technical help from the Congress to help implement this mandated and important effort.. For more information about Phase H NPDES issues, contact either AWC's Dave Williams or visit Ecology's website at: http:llwww.ecy.wa.govl programs /wglstormwater /ph ase_21 index.html AWC Legislative Bulletin - December 9, 2003 Water Policy Legislation Update Following last sessions enactment of the long sought after clarifications to municipal water rights (SHB 1338), the Governor's office continues to pursue ideas to craft Legislation that will address how to modernize statutes dealing with non - municipal water rights relinquishment for non- use (so- called lose it or use it ") and how to accomplish the establishment of instrearn water flows sufficient to provide for human and non -human needs. Both issues are very complex. Resolution of there involves significant controversy and allocation of funding. The Governor's Office has been meeting with representatives of water users to discuss these issues. They have been meeting with representatives of the environmental community on the issue of instream flows. A lot of detail on the progress of the instrearn flow discussions is not yet known, but the outcome will definitely include a request for money to continue the instream flow setting process and to pay for management tools necessary to help meet flows. AWC staff are meeting with some involved in these discussions later in the week for a briefing and update. continued The direction of the relinquishment and transfer discussions is to create a more workable water management system that encourages conservation and allows non - municipal water users more control over their allotted water. A proposed "water confirmation process" intended to identify and affirm the water most recently used by water right holders subject to relinquishment is being considered. It is not supposed to impact municipal water users directly, but could impact rights later sought by municipalities. Whether or not legislation on these issues will be acted upon remains unclear. AWC supports clarification of these issues and has conveyed to those involved that our immediate concern centers on where significant funding will be found to implement any such legislation. We have reminded them that they should look somewhere other than within municipal water utility rates for funding. Legislative Information Available Online Leglnfo Leglnfo is a free Internet service that provides daily updates on bills before the Legislature. It can be accessed through the Legislature's homepage at www.leg.wa.gov. At this site, you can get copies of bills, bill reports, and check the current status of bills as they move through the legislative process. This site also provides legislators' addresses, telephone numbers, and e -mail addresses, and the complete text of the Revised Code of Washington (RCW). TVW TVW is the non - profit public affairs television network for the State of Washington. It provides unedited coverage of state government deliberations and public policy events of statewide significance. The network is often referred to as the state -level counterpart to C -SPAN. It provides comprehensive coverage of the State Legislature. TVW's audio is offered over the Internet through the station's home page at www.tvw.org. You can hear live audio coverage of all standing committee hearings or watch the live TVW television broadcast. The home page also contains programming schedules and allows you to listen to archived programs. Access Washington You may also want to check out Access Washington at access.wa.gov. Designed as a web portal to Washington State, Access Washington provides a comprehensive view of government information and services, with links to state agencies and other government sites. AWC Legislative Bulletin - December 9, 2003 5 6 egislafiiveBulletin Interlocal Cooperation on Purchasing Earlier this summer, the State Auditor sent local governments a copy of an informal Attorney General memo regarding the authority of local governments and state agencies to purchase through interlocal agreements. The memo concluded that Washington governments still have to comply with their individually applicable bidding and advertisement. requirements. This called into question several long-standing joint purchase practices through state agencies or purchasing alliances, such as the AWC- sponsored US Communities partnership. Since August., AWC has been meeting with a group that includes local governments, the State Auditor's Office, the Office of State Procurement and the Department of Information Services to find a solution, and to discuss a legislative fix for the 2004 Legislative Session. The State Auditor's Office has indicated they do not intend to write audit findings or management letters on advertising violations regarding purchases through interlocal agreements in 2004, as long as the group is working to seek remedies to this issue. However, they have cautioned that, aside from this advertising issue, governments still need to ensure that purchases made through an interlocal agreement are made in a competitive process that will meet applicable bid requirements. Local Government We hope to have legislation acceptable to all parties ready for introduction in January. Elections if the final committee hearings of 2003 are any indication of things to come in the 2004 session, legislators will likely spend some time talking about elections - such as the cost, the blanket primary system, the value of the presidential primaries, "super dist.ricts instant runoff voting, etc. The legislature convened a special session at noon on Friday, December 5 to eliminate the presidential primary that was originally scheduled to take place in March 2004. The House vote was overwhelmingly in favor of elimination of the presidential primary, but the Senate vote was very close. The Governor is expected to sign this bill because the proposal will save the State of Washington more than $6 Million in election. related expenses. LEGISLATIVE BULLETIN DISTRIBUTION CHANGES AWC's Legislative Bulletin is the key source of information on legislative issues of importance 10 city officials. It is produced every Friday during the legislative session, and distributed in three different ways. The Bulletin is sent via e-mail to elected officials and city staff on Friday afternoons; it is posted on AWC's website; and a printed copy is mailed to many city officials. E - Mail notification To make sure information on important legislative developments reaches you in a timely manner, we e -mail the Bulletin CO elected officials and staff as soon as it available on Friday afternoons. It is also posted on our website at that time - usually by 3 pm. A .pdf copy of the Bulletin can be printed directly from the website. Remember that the Bulletin often includes Action Alerts and time - sensitive information, so we encourage you to make a point of reviewing it as soon as you receive it. Printed Copies Beginning with the first Bulletin of the 2004 Legislative Session, AWC is making some changes to the distribution of printed copies of the publication. Elected officials, managers/administrators, and city clerks/ council assistants will continue to receive printed copies of the publication. We will no longer be mailing printed copies to department heads and other staff, but they will continue to get an e-mail notification. AWC Legislative Bulletin - December 9, 2003 Annexation Issues Update Following the successful passage last session of two pieces of annexation - related legislation, AWC is preparing to advocate additional reforms in the upcoming session. Given that the Legislature fixed some of our problems stemming from the Supreme Court's elimination of the decades -old property -owner petition method of annexation, it's unclear how many more fixes they're prepared to do. The situation is further complicated by the fact that the Court has yet to issue a ruling on the reconsideration of their original decision. Many cities have been able to use the newly enacted provisions of law that allow contiguous uninhabited land to be annexed by petition of owners of a majority of land, or if inhabited, with concurrence by petition of at least half the registered voters. Deficiencies in who is defined as "registered' have emerged in that not all voter roles are up w date and in some instances, include people who have moved or died. Clarifying who quaiifies as an eligible voter is one piece of legislation well pursue. Many other cities are not able to use these new methods for a variety of reasons. Some are not extending water or sewer utilities beyond current city boundaries until there are assurances that applicable areas can be annexed. Many others are concerned that outstanding utility extension agreements executed in the past cannot be affirmed without some new annexation method validating their use. Lana Use & Planning Last session, AWC advocated for and supported passage of HB 1801. This bill would have authorized cities with either water or sewer utilities to be able to annex lands where water and/or sewer service is provided, or where the city has committed to provide such service within CMA- designated urban growth areas. It passed the House, but did not get considered in the Senate. AWC will again advocate for its passage. Discussions continue on a variety of fronts about other reforms that may be pursued this session. Last session the Legislature also enacted SHB 1755 - a bill designed to facilitate the annexation of urban "islands" within certain counties. AWC is considering legislation that would fine tune this measure and extend its use to more than just the six `buildable lands" counties along the I -5 corridor. If your city has a specific need or annexation reform idea, please don't hesitate to contact either Dave Williams or Dave Catterson at AWC. Changes to the GMA Being Evaluated by a Broad Based Group of Interests The "GMA Working Group" continues to meet and discuss potential legislative or administrative changes that are aimed at clarifying or enhancing the ability of cities and counties to continue planning and regulating under the Growth Management Act (GMA). AWC Legislative Bulletin - December 9, 2003 This ad hoc group is comprised of representatives from cities, counties, Realtors, 1000 Friends of Washington, office and industrial office park developers, the Farm Bureau, the Washington Environmental Council, the League of Women Voters, the Department of Community, Trade and Economic Development, and the Washington Chapter of the American Planning Association. Each group in this facilitated process is allowed two seats at the discussion table with room for others in the room. Cities are represented by Subir Mukerjee, Olympia's Planning Director and President of the Washington City Planning Directors Association, and Dave Williams from AWC. The Group works on a consensus basis so the issues that we continue to discuss have evolved as we find areas of agreement. Our goal is to produce, within the next couple of weeks, a Policy Paper describing issues and recommendations for legislative action in the upcoming 2004 session. Following is a summary of the main issues that are on the table and initial city positions: 1. Best. Available Science - The Group is exploring the idea of adding a definition of best available science in statute with the goal of giving more clarity to the current statutory language requiring local governments to "include best available science in developing policies and development continued on page 10 7 8 egislativeBullet in A$SOCIATID l OF WASHINGTON CFTIES Association of Washington Cy ties 1076 Franklin St SE Olympia, WA 98501 (360) 753 -4137 livmv.awenet.org Washington Association of County Officials 206 Tenth Ave SE Olympia, WA 98501 (360) 753 -7319 ww,wacoureties,org 2004 Legislative Session Tom Moak, AWC President Mary Dodge, WACO President David Carey, WSAC President October 2003 Ale'C Leg l3ulletln - Dccemher 9, 2003 Washington State Association of Counties 206 Tenth Ave SE Olympia, WA 98501 (360) 753 -1886 -wacaunties.org LOCAL GOVERNMENT SECOND JOINT LEGISLATIVE PROPOSAL The Association of Washington Cities, the Washington State Association of Counties, and the Washington Association of County Officials acknowledge that the Washington State Legislature, during the 2003 sessions of the Legislature, did endeavor to address the fiscal plight of Washington's local governments by enacting legislation in response to the problems facing cities and counties. The Tri- Association adopted principles in the fall of 2002 and now reaffirms its commitment to: • Assist uniquely impacted jurisdictions to secure sufficient resources and assure that all cities and counties are able to provide basic services. TRI - ASSOCIATION LEGISLATIVE PROPOSAL To assure the capacity of cities and counties to meet criminal justice needs, protect public health, and provide other critical services, the Tri - Association recommends that the Legislature: Protect Local Government • Pass no legislation that adversely impacts cities and counties. • Provide state assistance to local governments that suffer a sizeable loss of general revenues essential to assure that they can provide basic levels of services. Enhance Revenue Flexibility • Capital Purposes: Loosen restrictions on the usage of the current Real Estate Excise Tax (REE` ) to allow for all capital purposes. • Community Priorities: Eliminate or reduce restrictions on the expectation of local governments to spend money on programs of lesser local priority. Optimize Use of Existing Resources Local Government Operation • Efficient Purchasing: Eliminate outmoded purchasing and bid requirements; and, amend local government purchasing laws to clarify collective purchasing authority. TRI- ASSOCIATION PRINCIPLES AWC Legislative Bulletin — December 9, 2003 • Recognize the need to enhance revenues of cities and counties with a focus on securing permanent resources for criminal justice and public health. • Ensure that cities and counties are provided flexibility in the use of revenues. • Support legislation that reduces or eliminates state - imposed mandates and program responsibilities or secures state reimbursement for those activities. • Seek legislation that removes the restrictions that limit the efficient delivery of local government services. • Assist. city and county officials to inform their citizens of the impact of insufficient revenues on the provision of basic services. • Economic Development: Clarify the authority of cities and counties to engage in economic development activities. • Tax Increment Finance: Support tax increment finance program authority that benefits cities and counties. • Tort Costs Limitation: Set reasonable limits on tort liability for governmental activities and services. Capital Projects • Public Works Projects: Speed up public works projects by eliminating delay caused by the redundant approval process for Public Works Trust Fund projects and allow jail projects to qualify for Public Works Trust Fund financing. Law and Justice • Local Courts: Reduce court costs by allowing jurisdictions to do■nsize or consolidate courts to recognize change in local government boundaries, caseload reductions or achieve economies of scale. • Court Judgment Interest Rates: Reduce interest rates paid by governments on court awards and judgments to reflect current interest rates. 9 e Land Use (continued from page regulations to protect the function and values of critical areas." AWC is supportive of this idea if we can develop a definition that does indeed provide more clarity and reinforces that local governments may choose which science to apply based on local needs and circumstances. 2. Rural economic development - Thc Croup is exploring several proposals that are aimed at clarifying what typies of development are allowed outside of urban growth areas. Specifically we are discussing proposals that would: • Allow for some limited non- agricultural commercial or retail uses on designated agricultural lands (e.g. fruit stands, small wineries, fruit storage facilides, etc) • Provide some more flexibility for uses that would be allowed in designated Limited Areas of More Intense Rural Development. • Modify the requirements for planning for Industrial Land Banks that would allow for some of the requirements 10 be met after a potential tenant has been identified AWC is supportive of economic development initiatives within and near cities in rural areas. We will continue to carefully monitor these proposals as they take shape. 3. Reducing the cost of appeals - The Group is considering a proposal for legislation that would direct the Growth Management Hearings Boards to work with local governments, state agencies and the public to review and revise their administrative rules and procedures 10 aimed at reducing the cost of appeals for local governments. The proposal contains a number of areas to evaluate including • Providing more guidance to local governments and the public in final orders • Producing rules that would require petitioners to more clearly state their issues • Development of procedures for early dismissal of issues that are determined to be frivolous or without merit AWC supports efforts to reduce the cost of appeals as well as additional clarity that could reduce local governments exposure to challenges 4. Linking the scope of GMA update requirements to growth rate - Currently all local governments arc required to do some level of GMA update on a seven year cycle (full update in 29 'fully planning" counties and cities within, only critical areas and resource land updates in all others). The update requirement does not take into account whether a county or city has grown or experienced any development pressure during the seven -year cycle and whether any funding (state or local) is available 1.0 complete the review and update. The Croup is exploring proposals that would link the scope of the required GMA update to a local government's projected growth rate. The airn is to provide some relief to smaller, slower growing communities. AWC is working closely with the counties to move this proposal forward. We anticipate that the discussions will also include an examination of the current update AWC Legislative Bulletin - December 9, 2003 schedule. A number of interests including AWC think that the current seven -year cycle does not make sense, especially given that state population projections are issued on a ten -year cycle. Once the Group has produced a Policy Paper representing consensus, AWC will post: it on our website and keep cities informed of what's next. For more information, please contact either Dave Williams or Dave Catterson at AWC, Buildable Lands Program Conundrum - Funcl It or Forget It Cities within King, Pierce, Snohomish, Kitsap, Thurston and Clark counties are required by law to conduct extra planning and evaluation activities designed to assess when and where development occurs within these counties and cities. Known as the "buildable lands" program. it had been supported with state grants of approximately $1 million per year until June of 2002. The grants were used within these counties to support data collection, analysis and staff work associated with these extra GMA requirements. Since funding has disappeared, AWC has sought support from development interests to identify sorne sort of dedicated state funding to maintain this mandated program. To date, we have not been successful, We are considering introduction of legislation in the upcoming session that would eliminate the mandate if no dedicated funding source is found. Were interested in hearing from buildable lands cities as to this approach. Please contact either Dave Williams or Dave Catterson by December 19th if you would not support such a bill. Tort Reform As reported in the previous Bulletin, discussions related to tort reform continue. The Liability Reform Coalition (LRC), made up of public and private entities, continues to push for one omnibus bill that includes a long list of issues, ranging from construction liability to medical malpractice. The omnibus bill contains provisions helpful to cities, including: • Modification to joint and several liability, • Caps on non - economic awards, • Employer reference checks, • Tort judgment interest rate, • Seatbelt defense, and • General government liability. The stalemate produced last session continues. The Republican - controlled Senate endorsed a single, all-or-nothing omnibus bill while the Democrat - controlled House supported only individual portions of the omnibus bill. Changes in the make -up of both chambers may provide new options in the 2004 session. Joint and several liability, and any kind of cap on awards appear to be hot buttons for the democrats in the House and the primary reason they continue to oppose one omnibus bill. We continue to work with the county association to explore options that provide significant reform for local governments and are acceptable to the two major Law & Justice parties. We have recently focused our efforts on reviewing the Public Duty Doctrine. The Public Duty Doctrine provides some liability protections for local governments. Over time, the courts in Washington have steadily eroded these protections. We are working with the county association in an effort to strengthen this doctrine by putting modified case law into statute. AWC will continue to work this specific reform as well as those listed above. The issue of tort reform is expected to garner significant attention during the 2004 Session. We will keep you posted via this publication. New Fact Sheets are available on Tort Reform. Please contact Meagan Eliot (meagane @awcnet.org) for copies or further information. Domestic Violence Negotiations over bill language to require every police agency to adopt a policy on officer- involved domestic violence are nearing their end. A bill will likely be introduced in late December. The bill includes a requirement that every local agency would consult with the area domestic violence advocates in the development of the policy. It also requires: • Mandatory reporting of officer- involved domestic violence incidents; • Training; AWC Legislative Bulletin - December 9. 2003 • Pre -hire screening; • Explicit protocols for taking actions such as placing an officer on administrative leave, removing the service weapon, or suspending arrest powers - within due process considerations; • Separate criminal and administrative investigations; and • Progress reports to the State Legislature, No funding is provided for these activities, though legislators are attempting to limit the negative impacts on local governments. To reduce the cost to local jurisdictions, legislators propose that these policy changes be made at the department level rather than via a city ordinance. Legislators have also stopped short of mandating specific requirements as to the content of these policies and procedures, attempting to leave some flexibility for the differing needs of local jurisdictions. The Washington Association of Sheriffs and Police Chiefs is required to develop a model policy for consideration by local jurisdictions. Tacoma -area legislators Rep. Pat Lantz (D -Gig Harbor) and Senator Debbie Regala (D Tacoma) have taken the lead in the negotiations. We expect the bill will be introduced in the legislature at the first possible moment - with continued 11 egislativeBulletin Law & Justice (continued) very limited opportunities for amendments prior to passage. Several other proposals related to Domestic Violence may be heard in the legislature this session, including bills that would: • Change the proof required when requesting a protection order, • Make ex parte orders for protection permanent if the harasser fails to appear at the hearing, and • Give judges discretion to impose a fine as part of a domestic violence offenders sentence, creating funds to support the work of domestic violence advocates. Municipal Courts Representatives of the Court Funding Task Force, formed by the Board for Judicial Administration last spring and staffed by the Administrative Office of the Courts. updated the House Judiciary Committee on their work on December 5. Though the principles guiding the work of the task force 12 have the potential to undermine municipal courts, task force members did not recommend specific legislation for 2004 and are not expected to do so. In the 2003 session, we learned that hills related to municipal courts need the support. of cities and the Administrative Office of die Courts in order to pass. Recent AWC Board action on our legislative priorities confirmed our posture on this issue. As a result, legislation to clarify cities' authority to contract with other cities for court services is not expected in 2004. We continue to be interested in convening a balanced group of representatives from all three branches of government, with oversight of the state legislature, to develop consensus legislation on these issues. Custodial Interrogations HB 1932, proposed by Rep. Pat Lantz (D -Gig Harbor), provides that a statement made by a defendant during a custodial interrogation is inadmissible as evidence against the defendant in a criminal proceeding unless an electronic recording of the entire custodial interrogation AWC Legislative Bulletin - December 9, 2003 was created. As a result., electronic recording devices would need to be available in all police cars and stations. Largely due to funding concerns, HB 1932 did not pass during the 2003 session. A new compromise has been reached that. would require the Criminal Justice Training Commission to establish a pilot. project that: • Ensures the most accurate gathering of evidence for use in criminal proceedings: • Increases accountability and credibility of all participants in the criminal justice system; and • Potentially reduces or avoids costs to the criminal justice system. The project must include three law enforcement agencies that have agreed to participate. If possible, those chosen will be in the same county and represent small jurisdiction, a medium or large jurisdiction, and the county sheriff's office. The commission must fund the purchase (Attie equipment required for the pilot and develop necessary training. Streamlined Sales Tax AWC continues to follow the work of the Department of Revenue study and policy committee on this important issue for cities. AWC recently emailed to cities the preliminary results of the business survey conducted by the Department of Revenue (DOR) on the Streamlined Sales and Use Tax Agreement "sourcing" rule. This email outlines the fiscal impact of the proposed rule change. For more information on this issue or to view a copy of the preliminary results, please see the Streamlined Sales Tax page on the AWC website: www.awcnetorg/strearnlineritax DOR continues to work with the study data to identify errors and clarify results, particularly for those jurisdictions that show significant impacts. The data was produced as a result of the survey conducted by Washington State University of approximately 3,500 businesses about potential shifts in sales taxes between cities and from cities to counties as a result of the implementation of destination based sourcing. This is a potentially divisive issue for cities and AWC. The survey result.~ have shown some cities as financial "winners" and others as "losers,' and we know that cities have different positions regarding implementation of the sourcing rule. Given the varied opinions of the city family on this issue, the AWC Board directed staff to host and help facilitate meetings with a group of Municioal Fina ce & Econoic Development cities that will experience different impacts in an effort to find acceptable mitigation options. We have already held two meetings as we seek such solutions. We will continue to closely follow this issue and report on the progress of the meetings and study results as information becornes available. If you have any questions or concerns, please contact Jim Justin or Sheila Gall of AWC at jimj @awcnet.org or sheilag @awcnet.org or by phone at (360) 753 -4137. Economic Development for a Growing Economyrfax Increment Financing City lobbyists continue to meet with key legislators on this issue. As you may recall, the 2003 proposal (SB 5364) died very late in the session. This hill,. or a similar form, will he advanced during the 2004 session. Counties expressed concern with the legislation in 2003. The Governor's Office, ports, business, cities and other proponents are attempting to address the county concerns and modify the bill accordingly, without "gutting" the bill. The intent of the legislation is to allow local governments to finance public improvements within an increment area using increases in local sales and use tax revenues, as well as matching state sales and use tax revenues up to S1 million per year per project. To use this economic development tool, a local government would need to secure AWC Legislative Bulletin - December 9, 2003 written approval from taxing districts representing at least 60 percent of the regular property taxes within the increment area. We are hopeful we can address county concerns and that EDCE/TIF legislation will pass in 2004. Minority and Women's Business Enterprises - Fees for Cities The Office of Minority and Women's Business Enterprises (OMWBE) is again reviewing their fee structure for local jurisdictions. OMWBE is charged with certifying those businesses that are owned and controlled by persons who are minorities, women and /or socially and economically disadvantaged. This process is necessary to facilitate compliance with various state laws and federal funding assistance. The OMWBE receives revenue from the state, businesses seeking certification, and local governments. Many cities received a letter a number of months ago seeking your assistance in reviewing the local government fee structure and suggesting modifications. AWC has been working with OMWBE over the last few months to determine whether a change is needed and if so, how? Currently, cities up to one thousand five hundred population are not charged, cities from one thousand five hundred to twenty -five thousand continued 13 T em ltru11tin Finance torintinuoai {ire charged $ 100, cities between twenty -five thousand and fifty thousand are charged $200, and the largest cities are charger) a fee based on the dollars committed to certified businesses. Some believe the Fce structure for the largest cities, and other large local governments, is flawed and provides an incentive not Proposed Pension for Public Safety Employees Ii1 a previous Bthierfn, we reporl,ed that the elect Committee on Pension Palley (SCPP) had formed a PERS Public Safety Subcommittee to address issues relating to retirement benefits for public safety employees who are members of PIERS, not LEOFF The issue is whether eanployces in "public safety" positions, because of the nature of their jobs, should be entitled to retirement benefits richer than PETS benefits. The subcommittee has identified two categories of P>ERS Public Safety members: those with law enforcement responsibilities, and those without law enforcement responsibilities. Those with law enforcement responsibilities +vuu[d include state and county corrections officers, park rangers, and state liquor control and 14 to use or report the use of certified businesses. AWC, counties, port districts and others are working with DIAWBE 011 this issue. We are working tc,geLher to erasure local governments are riot charged an excessive amount: some threshold is retained where the smallest local governments pay no fee, no new burdensome r eporting is Personnel & Labor Relations gambling enforcement officers. The subcommittee has proposed benefit cnllancerrrenLS for this group of eTnployees, to include • An unreduced retirement allowance at ; ge 60 with 5 years or seri+ice: • t1 3% early retirement reduction factor (ERF) From age 6U if age 53 with at least 20 years OF sr:rviee; • Current disability benefit with an actuarial equivalent ERIr From age 60. The committee is also proposing enhanced benefits fora more nebulous group of employees - those who don't have lay.. enforcement responsibilities but "have the responsibility to provide public protection of lives and property as a general duty of the job," and have "a high degree of physical risk to one's own persona] safety.' They've identified state commercial vehicle officers, state fire marshals, anti public utility district line workers as AWC Legislutivc ]3uLlctin - December 3, 2iat}3 required, and that local governments receive value for any fees they arc charged. We are scheduled to meet again next week as we work through different formulas. Fee notices from OMWBE are expected to be mailed to local jurisdictions early next year. Please contact Jim Justin if you have any tlutstiorhs on this issue. Calling into this category, but it would not be ]iTrriLe -rl Lr, those groups. For this group. they propose an optional early retirerrrent buy- down program. The subcommittee will meet again on December J2, and the Cull SCPP meets on December 16. issues still to be resolvers include past service credit options, the plan model (part nrPERS 213 or a separate plan), and the type and level of cost sharing. Obviously, these benefit enhancements would have a cost. One mode] would regLiire contribution rate increases for only those employees and employers in the plan; another would socialize the costs, requiring a rate increase For all employers. Clearly. this proposal is still evolving, and the eventual recommendation the SCPP aright make to Lire Legislature is uncertain. We'll keep you posted as developments occur, AWC Board Identifies Transportation Funding and Infrastructure Financing, as High Priorities At its November 2003 meeting, The AWC Board considered the recommendations of the Legislative Committee and adopted seven high prioritir:s for the 20474 Le-gislative Session. The following is a surnmary cr the Transportation Funding and infrastructure l''inanrirsi Resolutions. which were ranked number 1 and 3 respectively: Transportation Funding AVIC supports a long-term solution to our transportation funding needs through a balanced transportat]on revenue package that provides additional revenue to cities and their transportation partners - the counties, WSIDOT and transit agencies- and recognizes the special needs of all transportation providers. Infrastructure Financing AWC will encourage the business community and other stakeholders to become actively involved and to support infrastructure financing Transportation & Infrastructure solutions for the shortfalls to be identified in the legislative infrastructure needs assessment Recent Legislative interest in Level of Service The Senate High and Transportation Committee recently held a work session on "Level of Service "(LOS). LOS is the conaestirm service standard under the Growth Management Act for streets, rands, and transit. The LOS standard defines when a roadway is deficient ( "unacceptably congested ") and adopted by individual local governments. Importantly LOS serves as the basis for local concurrency regulations. The Committee members expressed interest in understanding why many city and county roadways are showing deficiencies and why these jurisdictions are not placing moratoriums as a growth control_ AWC staff testified to the may challenges that cities and towns face. • Growth patterns often exceed growth rnanagumeni plans and some of the growth patterns are outside of the impacted AWC Legislative Bulletin - December 9, 2003 jurisdictions boundaries. This typically occurs in the urban areas of the State_ • Most jurisdictions struggle to mairLain LOS in these urban areas because of funding constraints and accept congestion during peak hours or lower their standards for level of service_ • Sometimes multiple jurisdictions share the same corridor, but each jurisdiction has different standards. AWC staff will continue to work with members and st. of the Senate Highways and Transportation Committee io educate them on city and town solutions to this issue and will attempt to come up with solutions. Please contact AWC staff Jackie White or Sheri Sawyer for comments and questions_ 1 eL ertk gislativeBulletin AWC Legislative Contacts During the legislative session, AWC's lobbyists often are unable to return your phone calls immediately. If you have a legislative or specific issue question, please request AWC's analyst staff, or send them an email directly. Stan Finkelstein AWC Executive Director Responsibility: Fiscal Policy — Taxes and Budgets, Transportation Policy and Financing Jim Justin Assistant Director ror Intergovernmental Relations Responsibility: Municipal Finance and Taxation, Economic Development, Insurance Analyst: Sheila Gall Responsibility: Personnel & Labor Relations, General Local Government Analyst: Deanna Krell Tammy Fellin Municipal Policy Associate Responsibility: Social and Human Services, Criminal Justice, Health Care, Affordable Housing Analyst: Meagan Eliot Victoria Lincoln Energy Project Coordinator Responsibility: Energy, State Building Code Issues. Telecommunications, Municipal Utilities, General Locai Government Analyst: Sheri Sawyer Jackie White Transportation Project Coordinator Responsibility: Transportation Infrastructure, Finance and Policy, Public Works Analyst: Sheri Sawyer Dave Williams Municipal Policy Associate Responsibility: Planning and Land Use, Water, and Environment. Analyst: Dave Catterson Ca11Us... (360) 753 -4137 1- 800 -562 -8981 E -mail Us Lobbyists: stanf@awcnet.org jimj @awcnet.org davew @awcnet.org jackiev' @awcnet,org tammyf @awcrtet.org victorial @awcnet.org Analysts: davec @awcnet.org dcannak @awcnet.org meagane @awcnet.org sheilag@awcnet.org sheris @awcnet.org 16 r Happy Holidays from your AWC staff! N.Z yr AWC Legislative Bulletin - December 9, 2003 Meeting Date: 12 -16 -03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Confirmation of Mayor Appointments to Growth Management Steering Committee GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Motion to confirm Mayor appointments to Growth Management Steering Committee BUDGET /FINANCIAL IMPACTS: $ STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action APPOINTED BOARD/COMMITTEE REPRESENTATIVE INITIAL APPOINTMENT TERM EXPIRES AWC Resolutions Commission Rich Munson Steve Taylor staff April 2003 [elected) November 2003 AWC Legislative Committee Bridging the Valley Cable Advisory Board Central Valley School District (CVSD) Rich Munson, liaison October 2003 ad hoc Chamber of Commerce Board Steve Taylor, ex- officio 7 -22 -03 8 -31 -04 11/25/03 Convention Center & Visitor's Bureau Dick Denenny 1 -14 -03 12 -31 -04 Diana Wilhite, alt 1 -14 -03 12 -31 -04 11/25103 Economic Development Council Diana Wilhite 1 -14 -03 12 -31 -04 Steve Taylor, alt 1 -14 -03 12 -31 -04 Emergency Communications Bd 911 vacant 11/25/03 Finance Committee Diana Wilhite 12 -10 -02 1 -04 Rich Munson 12 -10-02 1 -04 Steve Taylor 12 -10 -02 1 -04 Friends of Centennial Trail Board Mike DeVleming 4 -22-03 4 -22 -06 Governance Cmte Regional Wastewater Treatment Dick Denenny 10 -07 -03 -ffCr_owth_Mgmt_Steering_Coaimittee Steve Taylor Rich Munson 1 -14-03 1 -14 -03 12 -31 -03 12 -31 -03 remainder Council alts 1 -14-03 12 -31 -03 Health District Board Dick Denenny (chair for 2004 — 8 -12 -03 (effective 9 -1 -03) 12 -31 -05 elected 12 -03) 8 -12 -03 12 -31 -05 Mike Flanigan Housing, & Conan Develop. Advisory Committee (IICDAC) Rich Munson 1 -28 -03 7 -29 -2006 INTEC Steve Taylor, ex- officio 8 -12 -03 8 -12 -04 Light Rail Citizen Advisory Board Dick Denenny Gary Schimmels, alt 11/25/03 Lodging Tax Advisory Committee (Hotel/Motel) Mike Flanigan 2 -25 -03 12 -31 -04 Diana Wilhite, alt 2 -25 -03 12 -31 -04 Jeff Fox, Dble Tree Hotel 2 -25 -03 12 -31 -04 Liz Beck, Super 8 2 -25 -03 12 -31 -04 Peggy Doering, Valleyfest 2 -25 -03 12 -31 -04 Jayne Singleton, Legacy 2 -25-03 12 -31 -04 11/25/03 Mirabeau Point Board Dick Denenny 1 -14 -03 12 -31 -04 Rich Munson, alt 1 -14 -03 12 -31 -04 Planning Commission Mike DeVleming, council liaison 7 -22 -03 12 -31.04 Public Facilities District Solid Waste System Liaison Board Gary Schimmels 9 -3 -03 Spokane Housing Authority (SHA) Citizen: Janet 13astine 3 -13 -2003 3 -15 -2008 Spokane Regional Transportation Council Board (SRTC) Gary Schimmels 1 -14 -03 12 -31 -05 Mike DeVleming, alt 1 -14 -03 12 -31-05 11/25/03 Spokane Transit Authority Board of Directors (annual Dick Denenny 1 -14 -03 12 -31 -04 appointments) Diana Wilhite 10 -21 -03 12 -31 -04 Gary Schimmels, alt 1 -14 -03 12 -31 -04 Washington Association Cities (3 voting delegates) Mike DeVleming 6 -10-03 June 2004 Diana Wilhite 6 -10 -03 June 2004 Dick Denenny 6 -10-03 June 2004 December 30. 2003 - NO MEETING January 6, 2004 — NO METING Advance Agenda — Draft Revised: 12/12/2003 9:37 AM DRAFT ADVANCE AGENDA For Planning .Discussion Purposes Only as of December 12, 2003 9:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings December 17, 2003, 12:30 p.m. CenterPlace Groundbreaking Ceremony. December 23, 2003 Regular Meeting 6:00 p.m. [due date Dec 12] 1. Consent Agenda: (a) minutes) (b) claims (c) payroll (d) Approval of County Maintenance Contract Agreement (e) Approval of Tan Moore Agreement Amendment [5 minutes] 2. Proposed Franchise Ordinance 03 -085 for One - EIGHTY Networks — Second Reading [5 minutes] 3. Proposed Ordinance to Create Funds — Second Reading [5 minutes] 4. Motion Consideration: Approval of Wastewater Interlocal Agreement [10 minutes] 5. Motion Consideration: Approval of Fleet Management Policy [5 mi nutes] 6. Administrative .Reports: [no public comment] a. Fire District Annexation Issues [15 minutes] b. Proposed Sewer Ordinance Discussion [15 minutes] c. Council Retreat Planning [15 minutes] d. Draft MOU re STEP Agreement [15 minutes] c. Proposed Street Vacation Ordinance Discussion [15 minutes] f. Probation Report [10 minutes] 7. Information Only: [no public comment] a. Public Nuisance Ordinance Excerpt re Sidewalk Clearing b. Status of Previous Public Comments /Concerns c. Planning Commission Minutes d. Department Monthly Reports [estimated meeting time: 115 minutes* ] January 13, 2004 Regular Meeting 6:00 p.ni. [due date Jan 21 1. Mayor Appointments/Council Confirmation: Cable Advisory Board [5 minutes] 2. Proposed Towing Ordinance — First Reading [10 minutes] 3. Proposed Street Vacation Ordinance.— First Reading [10 minutes] 4. Proposed Sewer Ordinance — First Reading [10 minutes] 5. Proposed Ordinance Adopting Municipal Code — First Reading [5 minutes] 6. Motion Consideration: Set Public .Hearing for 2/10/04 to Adopt Municipal Code [5 minutes] 7. Administrative Reports: [no public comment] a. Hotel /Motel Grant Proposals for 2004 [60 minutes] b. Design Built Operation (DBO) Discussion [15 minutes] c. Animal Control Discussion [20 minutes] 8. Information Only: [no public comment] a. Status of Previous Public Comments/Concerns b. Minutes of Planning Commission [estimated meeting time: 140 minutes* Page 1 of 3 Confirmed: January 15 2004. 3 — 5 p.m., Joint Meeting: Council and .Planninn Commission January 20. 2004, R gular Meetin i:00 n.m. [due date Jan 9] 1. Proposed Street Vacation Ordinance— Second Reading [10 minutes] 2- Proposed Towing Ordinance — .Second Reading []O in inutes] 3. Proposed Sewer Ordinance -- Second Reading [ 10 minutes] 4- Proposed Flood Plain Ordinance — First Reading [10 minutes] 5. Motion Consideration; Approval ofHolelfi lolel Grant Proposals for 2004 [10 minutes] 6. Admninistrative Reports: [no public comment] a. Fire District Annexation Options (30 minutes] b- Stornwrater Ordinance Discussion [20 minutes] c. Tourism Promotion Area Discussion [15 minutes] 7. Advance Ag :nda Additions — Mayor DeVieming [5 minutes] 8. City Manager Comments — Dave Mercier [10 minutes] 9. Information Only; [no public comment] a. Status of Previous Public Comment/Concerns b. ivlinutes of Planning Commission [estimated meeting time: ] 30 minutes* ] January 27, 2004 - NO MEETING January 27, 2S and 29, 2004 City I, gislative Action Conference. Olympia, WA February 3, 2004, Study Session 6:00 P -m. [due date Jan 23] I , Adult Entertainment' Hours of Operation Discussion (20 minutes) 2. Council Check in — .Dave Mercier (10 minutes) 3. Advance Agenda Additions — Mayor Deleming (5 minutes) 4. City Manager Comments —Dave Mercier (10 minutes) TOTAL MINUTES: Max mlg time; 120 minutes February 10 2004 Regular Meeting 6 :00 p•m. [due date .Ian 30] 1, PUBLIC .8 A sC: Adoption of Municipal Code [10 minutes] 2- Proposed Ordinance Adopting Municipal Code — Second Reading [5 minutes] 3- Proposed Flood Plain Ordinance — Second Reading [10 minutes] 4. Proposed Stormwater Ordinance — First Reading []0 minutes] 5- Administrative Reports: [no public comment] 6. Information Only: [no public comment] Status of Previous Pubic Comments/Concerns Minutes of Planning Commission February 17, 2004, StndY Session 6:00 p.m. [due date Feb 6] 1. Council Cheek in — Dave Mercier (10 minutes) 2. Advance Agenda Additions — Mayor DcVleming (5 minutes) 3. City Manager Comments — Dave Mercier (10 minutes) [estimated meeting time: minutes* ] TOTAL MT T JTE•S: Max rrltg time: 12.0 minutes Advance Aeenda —Drag Pa'e 2 n t 2 Rcv4 ed; 12112/2003 9:37 AM February 24, 2004 Regular Meeting 6:00 p.m. I . Proposed Stormwater Ordinance — Second Reading 2. Administrative Reports: [no public comment] 3. Information Only: [no public comment] a. Status of Previous Public Comments /Concerns b. Minutes of Planning Commission March 9, 2004 Regular Meeting. 6:00 p.m. 1. Administrative Reports: [no public comment] 2. Information Only: [no public comment] Status of Previous Public Comments /Concerns Minutes of Planning Commission March 16. 2004, Study Session 6:0(1 p.m. [due date March 5] 1. Council Check in — Dave Mercier (1 0 minutes) 2. Advance Agenda Additions — Mayor DeVleming (5 minutes) 3. City Manager Comments — Dave Mercier (10 minutes) March 23, 2004 Regular Meeting. 6:00 p.m. 1. Administrative Reports: [no public comment] 2. Information Only: [no public comment] Status of Previous Public Comments /Concerns Minutes of Planning Commission Saturday, March 27, 2004 — Mayor's Ball — Mirabeau Hotel [* estimated meeting time does not include time for public comments] [due date Feb 13] [10 minutes] [estimated meeting time: minutes* ] March 2, 2004, Study Session 6:00 p.m. [due date Feb 20] 1. Council Check in — Dave Mercier (10 minutes) 2. Advance Agenda Additions — Mayor DeVleming (5 minutes) 3. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: Max mtg time: 120 minutes [due date Feb 27] [estimated meeting time: minutes* ] [due date March 12] [estimated meeting time: minutes* ] March 30, 2004, Study Session 6:00 p.m. [due date March 19] 1. Council Check in — Dave Mercier (10 minutes) 2. Advance Agenda Additions — Mayor DeVleming (5 minutes) 3. City Manager Comments — Dave Mercier (10 minutes) TOTAL M.T.NTJTES : Max mtg time: 120 minutes TOTAL MINUTES: Advance Agenda — Draft Paee 3 of 3 Revised: 12112/2003 9:37 AM V