2008, 01-15 Study Session
A-NiF,NDED AGF.VDA
C'ITY ()F SPOKANE VALLEY
CITY COl1NCIL WORKSHEET
S'!'UDY SESSION
Tuesday, .Tanuary 15, 2008 6:00 p.m.
CITY HALL COUNCIL CHA.NTBERS
11707 East Sprague Avenue, First Floor
(Ylease Silcnce Your Cell Phones During the Meeting)
DISCUSSInN LEADF.R SC`AJECT/ACTI'VITY GOAL
A'ew Emploti'ee ltrtroductians:
Carol Curter i»troduci»g Brcmdon 14'ewbill, CenterPlace Adminislrative Assistant
,Steve Worley intrvctucing Krystal Strnrek, ,9,r.cistant CIP Engincer; Rcmdv Budcntn, Etrgitreer CIF 1 iecfrniciun; cind
Darla Arnold, Aclnrinistralive CIP :lssistunt.
l. Cary Driskell (15 minutes) Panhandling Uiscussion/[nfonnation
2. Cary Driskell (20 minutes) Dangerous Dog Ordinance Discussion/Information
3. Mike Jackson (10 minutes) Senske Parks MainCenance Discussionllnrormali0n
Contract Renewal
4, ti4ike Jackson/Steve Worley Valley Mission Senior Center Update D iscussion/information
(10 minutes)
5. Neil Kersten (10 minute>) "AAA S,.vccping' Contract Renewal Discussiori!Tnformation
(10 minutes)
6. Greg MeCormick (20 minutes) ('omprehrnsive Plan A►nendments Di.scussionifntormation
Quarterly Updatc
7. Carolbelle Branch (15 minutes) City 5`h Year Anniversary• 17iscussion/Information
8. Councilmember Gothmann Webcasdtelevising Counci) Meetings Discussion/informaticm
(15 minutcs)
$a. Cary Driskell Transportation Bencfits District Update Discussion/InFonnatiun
9. Mayor Munson Advance Agenda Discussion/Inforcnation
10, hlavor Niunson Council Check in Uiscussimnllnfomlaticm
11. Niike Jackson DcE7uty City Nianager Commcnts ~)ISC'.tsstoll. I1ltornlttltc~n
.a D.IOURN
,Yote: Unless otherwise notecl above, there will be no public comments at Cuunci) Study Scssions. However, Council always rescrvcs
the right to request information from the public and staff As appropriate. During meetings hcW by the City of Spokane VaUcy Council,
the Council resetves the rig6t to take "actiod" ort any itcm listad or subsequently sdded to the agrnda. I he tcrm *'actiun" means to dclibcralc,
discuss, review, consider, evaluatc, or make a collecti<<c positive or ncgative decision.
NOTICE: Individuals planning to attend the meeting ~%-ho require special assistance to accommodate physical, hcaring„ (ir odicr tmpairmcntt, plcase contact
th.^ City Cle[k 3t I';D09j92 1-190) as c;,nn as pnssil,;c su that arranecrnrnls triat "c madc,
S:udy Scssion ,Agnnda, lanuary 15, 2008 1 '3 c !r 1 I
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 15, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information (D admin. report ❑ pending legislation
AGENDA ITEM TITLE: Transportation benefit districts
GOVERNING LEGISLATION: RCW 36.73
PREVIOUS COUNCIL ACTION TAKEN: Discussion at winter retreat 1-12-08.
BACKGROUND: The Washington Legislature amended RCW 36.73 during the 2007 session to
provide additional means for local jurisdictions to fund local road infrastructure improvements
and maintenance. Staff has drafted a memorandum explaining use of the new provisions.
OPTIONS:
RECOMMENDED ACTION OR MOTION: NA
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary Driskell
ATTACHMENTS: Memorandum dated January 15, 2008
Sr~`ok:ane
,;wOValley 11707 E Sprague Ave Suite 106 ♦ Spokane VallEy VJA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ ci[yhall@spokanevalley.org
Memorandum-
To: Ken Thompson, Finance Director
h'rom: Cary P. Driskell,l7eputy City Attomey
CC: Mike Connelly, City Attorney; Mike Jackson, Deputy City Manager
Uate: January 15, 2008 ,
Re: Xssues relating to transportation benef t districts
ISSUFS F()R RE$()LUTION
In 2007, the Lcgislature adopted substantial changes to thc statutes regulating the formation of
transpQrtation bcnefit districts (TBD) under RCW 36.73. Questions have arisen as to liow TBDs
may be formed and regulated within the new statutory framework. Thc specific questions are as
follows:
1. Wliat are the do[!ar lin:its tcr whut crrii be adrled on by a local jurisdictian to the state
veliicle tab jee7
2. Ilow much time does a rourity hrrve to rmpose such a fee before a city can move alieud?
3. Does such a►r Rction by a cuctnty ur city reyuire a vnte oJthe people?
4. Is the fornurtiai of a 7't3U sccbject to a referendam vote?
AiYALYSIS A brief baekgrouncl on T1317s may be helpful. The memorandum is based upon a revicw
of RCW 36.73, and a joint in-formational mcmoranduin from AWC ruid WSAC (Washington
State Association of Counties). A TBD is a quasi-municiPal corporation and independent tasing
district created for the sole purpose of ac•quiring, constructing, improving, providing, and funding
transportation unprovements within a defined district. One can be created by eikher a county or a
eity, or a combination of cities; counties, port districts ar transit districts. If more than one
jtirisdictioii is involved, an interlocal agreement is rcquired. If the TBD is entirely within one
jurisdiction; the legislative body comprises the TBD governing board. If more than one
jurisciiction, then each of the j«risdictions must have at least Five members; with at least onc
electcd person from each jurisdiction an the governing body.
If a TBT) is to be formeci, and "lo the exlent practicable, the district shall consider the following
criteria when selecting transportation imprnvements" to perform:
1. Reduced risk of transportation facility failure anci improvecl safety;
2. Improved travel time;
3. Jmproved air quality;
4. Incrcases in daily and peak Period triP capacity;
5. Tmproved moclal conncctivity;
6. lmproved freight mobility;
7. Cost-Effectiveness of the investment;
8. Optimal performance of the system tluough time; and
9. Othcr criteria, as adopted by the governing body.
Thc creation of a TBD is done throug ordinance, which describes the boundary of the district;
that it is in the public's intere_st to form; a description af the improvements to be done by the
"I"BD, and the proposed taxeslfees/charges that the TBD will impose to raise revcnue for the
improvements. With this background, the above questions wrill be answered.
1. Wltat are Nte doUar lin:its ta wliat catr be added o`r by a local jurisdictiot: to the stnte
veliicle tnh fee? •
There are four options that aze subject to voter approval.
1. Imposition of property tax - a 1-year excess levry or an excess levy for capital purposes;
2. Up to 0.2% sales and use tax;
3. Up to $100 annual vehicle fee per vchicle registered in the districl; and
4. Vchicle tolls.
'1'here are two options that are not subject ta <<oter apProval, but which are subject to additional
conciitions. Please note that while a vote is not required, a city may still choose to put il to vote.
1. Annual vehicle fee up to $20 per vehicle registered in the district. The fee is collectcd at
the time of vehicle tab rcnewal and has additional restrictions relating to use for ferry service.
If a county creates a Tl3D to impose up to a$20 fee, it must first atternpt to impose a
countywicle fee ta bc shared witli cilies by interlocal agreement. 60% of the cities
representing 75% of the incorporatcd population must approve the interlocal agrcement for it
to beeome effective. IE' such an interlocal agreement cannot be reached, then the county is
authorizeci to create a`I"BD ancl impose the fee, but only in the unincorporated portion of the
county.
2. T'ransportation impact fees on commercial and industrial buildings. Residential buildings
are excluded. ln addition, a city must provide a credit for a commercial or industrial
trausportation impact if thc city has alreaciy imposed a transportation impact fee. In short, nv
double dipping on impact fecs. The City Council already adopted a codc provision allowing
for these typcs of impact fees, but has never utilized tlus mechanism.
2. Hoiv much time does a county ltave to impose scrch a fee befare a city cari ntove aliead?
Spokane County has until close of business on January 18, 2008 tn form a TBD. If they do not
do so by that time, the cities in Spokanc County are legally permitted to forni their own '1"6Ds.
3. Dpes such an actiun by a cortnty or city reqtrire cr vote of tlte peaple?
This question is answered as set forth vi the first question.
4. Is the fornialeotr nf cr TBD .tiubject to a referendren: vote?
Pursuant ta RCW 35A.11.090, therc arc a ntunber of acti4ns which are exempt from referendum.
Tt may be that formation of a TBD by the City is exempt under tlie listed, but not certain. There
are aclditional means by which a legislative action is determincd eYempt. Here, the authority to
form a TBD is expressly set forkh in RCW 36.73.020, and is granted to "the legislative authority
of a county or city". As such, the power to cstablish or de-establish is reserved exclusively to the
city council. If the aulhprity was for "the people of a city"; or "a city", then it iuost likcly would
be subjcct ta referendum.
Please let our office know if we can provide additional assistance in this matter.
• 4 ~g HTAZE ~ •
N C Q
raao ta~'
STATE OF Wit$HlNGTON
TRANSPORTATION COMMISSION
. PO Bnx 67308, Olymp}a LVa 98504-7308 • 2404 Chandfer Gt SW Suite 270, Olympia WA 9850?
(360) 705-7070 ~ Faar (360) 705-6802 • vansc@ws(c.wa.gov • ht(p://ww►v.swstcwa.gov
January 4, 2008
The Honorable Christine Gregoire Office of the Governor
PO Box 40002
Olympia, WA 98504-0002
T)ear Goveinor Gregoire:
T am pleased to tiansmit this report to yau in response to your letter dated September 6,
2007 in which you asked the Washington Stste Transportation Comznission to provide you
with fizuding options for the North Spokane Corridor Project, along with a summary report
on the results of the Spokane Summit we held at the end of September 2007.
As }rou will read in the attmched sum.mary of proceedi.ngs, the summit was a great success
with over 200 attendees including individuals from city, county, regional and sfate
goyernmental'entities, private sector entities, various associations, aad legislative leaders
from Washington and Idaho. The summit covered Federal, State and local perspectives on
tx'ansportation funding and project needs. Breakout sessions focused in on three subjects:
l) Personal Mobility; 2) Freight Mobility; and 3) Economic Devclopment. Participants
raised and discussed the North Spokane Corridor Project in all-three sessions.
The attached funding options report is the result of the ideas we heard at the summit
couplerl with further research aud assessment on the part of the Commission, cvith Finaneial
expertise and technical support provided by the Washington State Department of
Transportation. As you will read in this report, there are many fizndin,g challenges facing
tlus project and unfortunaiely, no simple oi single ans-wer emerges. Rather a combination
of forces, relationships, and funding sources will need to converge in order for real
progress to be made. And we cannot forget that the Federal Govemment is a key partner -
we hope you Nvill concinue to encourage Congress and the USDOT to include this ntLtional •
liighway in their funding decisions.
-a ,
. 10
,
The Hanorable Christine Gregoire
January 4, 2008
Page 2 We thank you for entrusting this important work with the Coiumission and we do hope this -
report will make a useful contribution to the policy and budget discussions that will
commence during the 2008 Legislative session, and beyond.
Sincerely, ,
4R,~
12ichard Ford, Chair
Washington State Transportation Commission
Attaahments .
cc: Senator Mary Margaret Haugen ' Representative Judy Clibborn
Senator llan Swecker
Representative Fred Jarrett
Senator Y,isa Browu
Senafor Chris Marr
Representative Lynn Schindler
Representative Timm Ormsby
Representative Alex Wood
Representative Don Barlow
Representative Jnhn Ahern
Senator Bob McCaslin
Representative Larry Crouse
Senator Mark Schoesler Representative Steye Hailey •
Representative Joe Schmick
Jennifer Ziegler, Gavernor's Executive Policy Office
Jill Satran, Governor's EYecutive Policy Office
viike Oroesch, Senate Transportation Committee _
Beth Redfield, House Transpartation Comrnittee
Robin Rettew, Office of Financial Management
Paula Hammond, VVashington State Department of Transportation
Jerry L,enzi; VJashington SEate Department of Transportation
wAShrIlvGroN SrAr~ 7RANSPOR7"A 7"IoN COMIVIISS/ON
NORTH SPOKANE CORRIDOR U.S. 395
REPOR T ON PaR O.IECT FUNDING OPT'IONS
January 4, 2008
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Funding Options for the North Spokane Corridor
Major trazisportatinn issues facing the State include the difficulty in financing highway
improvemeats of statewide sigriificance. A variety of government entities--federal, state,
county, city and special purpose distriats-are involved in planning aztd providing
transportation improvements for the citizens of Washi.ngtob State. In the 2405 session,
legislation was enacted that could leadta coordinating the planning for and prwision of
transportation facilities on a regional basis. This legislation significantly expanded the
purpose and nature of transportation benefit districts.
What are the implicarians of this legislation for the North Spokane CoiYidor? In order for
this project to movs fonvard, it will require the local jurisdictions to pravide funding to
augment amounts the state and the federal government may be able to provide. The state
will not be able to fund this project Qn its own, given the $300 million per biennium that
will be needed over 20 years to cornplete ihe project. Therefore, this report provides an
overview of funding options that could be enacted at the locaUregional level. The options
presented in tliis report are the result of a review by the Washington State Transpartation
Commission OVSTC}, with technical support provided from the Washington State
Department of Transportation (WSD01).
For purposes of discussion, all revenue estunates assume any local tax assessment.would
be limited to Spokane County; as opposed to a lazger defiriecl "region." There are two
rzasons for this assumption: l) Public Acceptance - the North Spokane Corridor is
located in the city of Spokane and Spokane County, and it is therefore deemed that the
highest likelihood for getting public support for locally imposed taxes in the Spokane
area wou.id be to.limit the assessment of those taxes on the cirizens who reside in the.
projecf's unmediate area. 2) Population Realities - to limit a tax assessmenf within the
city.boundaries would not provide the activity levels necessarp to raise a significant
amount of revenue - going countywide improves the level of revenue generation.
However, to go wider tban Spokane County also carries the same challenge in that most
of the populaiion in the tri-county area is concentrated in Spokane County. So for
purposes of this discussion, we assume Spokane Couniy's population for the tax base.
Transporfation Benefit District - What is it and 'who can create it?
A transportation benefit district (12CW 36.73) is a special purpose dish-ict authorized to
finance the constructian and operation of transportation projects that are of statewide pr
regional significance as detailed in the transportation plan of the state or a regional
transportation plaaning orgauization. A transportation henefit district must be within the
boundaries of the entity or entities that create it. A transportation benefit district may be
created by a single city or a single county, or may be created by rivo or more cities or
counties. Port districts, transportation authorities, or public transportation benefit areas
_ may be ineluded as well if the legislative authorities of the participating j urisdictions
agree to inclusion under an interlocal agreemenL Such a transportation benefit district
1
~ .
_ vrould occlapy the cotribzned area of the,w jurisdictions. The mexnbers o~-jhe cazinty or
city legislative aufhority or authoritaes cieatWg a transportaCion benefit district serve ex
: .officio as members o#`the goveriiirig body of t}ii~7 tranVorta#ian ben4t di strict. .4
, transportation bete~t distriPt autoznatically dissolves itself witlxin k' days after the
tra*ortation,pr0e44 harre been -completed and paid for. or a-fter~tlxs tielit servfce }i'as
~ been paxd. . . .
. A sponsoring county:or city Idgislative authoiity may creafe.atransportatiari benefit:
distdct by ordinance if; after ho'lding a pubto h~g, it finds t~t it is in #}ze publk
intcrest tb creaake th6 transportation bcnefit d.istri ct. The ordiriance.c#ea~in~"tkxe.
. transpoi-tation bemefi# distriot must specify the boundaries o#'the transportatiosx benefit
distxict and thc trarisportafion improvem~ts Ft. piopo~es ~to ir~ake, In sCdecting the
. trwu portation' i.mprovaireztts, t~ie sP onsoring legislatiye authority or authorlties riust
cvnsidea=a variety of factors, inobiading: _'improvcd s*ty, ;imprawd #ravel #ime, iraproved
a}s quality, increased daily .and peak perio d tdp capacity; ioigrav_ed rnodat cbnnectivity,
improved freight mobility, cast ~ffectiveriem, na:ai.~behance,_and op#imal' Performanc,e af
'system.~ver tanae, The projects selected may include majqr highways; s'~ee#s.ar roads .
6f statewide or regi orial sighifi6nce, high papacity:transportation, and pubiic
transportatio,n.' The transportation benefit district does hot awn the improveMents ff
. fmances but instead these improvearients are owneii by the state. the sponsaring couniy nr
city, or a pattiot~apDrt dis#rict or tr ansit disct,
T~.~nai~ce the Pioposed ipipivvetlients, a.~'atl5portatiom ~improv.ert~ent distr~~# may use a ~arietY o~170 t~er ~pprov.,~d sources,:i~clucF~ri~:. .exc~e~s prope~ty tax 7evi~s, sales and use
.
1;axes, annual v~cle license #'ees, impact fees, vehkle talls; and -de. bt 'proc-eeds. A
traworta#ion benefit district mus# prepare an aniiua] report describing the statLLs of their
trarrspartati9n,irr~~Faver~ie~xt costs, expenditures, reveniies, aad cdns~ction schedu1es.
T#xey mtist also.develap -a policy to address u74j az.plan changes a.ffecting project tlelive,"y
or.eali . s prol~cts. ~ansport~i~an ~eiiefit clistr~ct.uit~st hold a,publi~
~}'t~~nan.:. ce i~ . .
~iem-ing to ~61 icit cornment if a trorta~ion improvement cost exce.eds its origirial
_ . .
firwce .pZan by more tMv. 2011/. . . .
V4'hat funding options ari~ avariabZe to ~ Transportation Beae~t
X}istrief`? . .
Extess Propetty Tax LevEes
A transportatzon benefit disirict may itnpose voter agproved excess poPcrty tax levies,
inc~udin~ sing~e.yeaz` levies for its general pu.rposes an.d rriulti-ye,ar ievie& to raire gen~ral
obligatiori bands issued for capital purposes. T'he ballat. prop0*91tion authorizing etfher .
levy must be approved-by.a# least a three-fifths vate and a40°lo voter valida#io'n
'iequirez~en#, .
$ules & Use'i'ax
A'transportstibn bene.fit digffict ma}F"imp OSe a vofer a~proved:sales arid tisa tax ofup.to
02°~0.. Sales arid use taxes rriay anly be ir~posed ~`or a ten-}~e~r penod ttnless voters
approve' a bdlot proposition ext-nding the sales 6nd 'USe tax;es f6r `au. idditi onal ten-yeat
..2 .
.
- - .
periad. The sales and use tax is i.n addition to other sales and use taxes and is imposed on
the same taxable occurrences within the transportation benefit district's boundaries as
sales and use taxes imposed by the staie. A countyvvide 0.2% sales and use taa'in
' Spokane County could generate an estimated $20 million per ycaz. It should be noted that
the time limitation for imposing the sales and use tax could restrict the ability of a
transpartation benefit distric# to utilize this funding source for the repayment of debt:
Annus►l Vebicle Fee A transportation benefit district may impose a voter approvecl anmual vehicle fee of up to
$100 per vehicle registered Nvithin the transportation benefit district that is subject to
basic license fees and gross weight fees with unladen weights of 6,000 pounds or less.
The annual ve}ucle fee applies only when renewing a vehicle registration. Various
vehicle classes are exempt from these fees, such as, snowmobiles, trailers, campers, farm
vehicles, off-road and non-hig}xuay vehicles and commercial vehicles registered under
the international registration plan. An anuual vehicle fee of up to $20 would generate $8
million per year and can be imgosed without voter approval if the fee is approved by a
majority of the transportation benefit district board. In Spokarae County, an annual $100
vehicle fee could generate approx.imately $40 million per year. •
Devclopment Impact Fees
A transportation benefit district may ixnpose voter-approved impact fees or charges on the
construction or reconstruction of buildings or the development, subdivision,
classification, or reclassification of land within its boundaries. Developments of less than
20 residences aze exempt from these impact fees. Impact fees must.be reasonably
necessary a.s a result of impacts arising from the development, construction, or
reclassification of the land on identifxed transportation needs. Revenues frnni the impact
fees may only be used to finance transportation improvements constructed by the
transportation benefit district.
, Tolling
A transportation benefit district may impose voter-approved vehicle tolls on state
highways, city streets, or county roacls within its boundaries. The tolls may only be
sufficient to finance the functions and activities that the transportation benefit district is
authorized to provide or fund as containecl in the ordiaancc creating the transportation
benefit district. For this particular projcet, tollizig may be problematic in that there are currently seven different identifi.ed northlsouth parallel routes that could be used by
vehicles to avoid having to pay to1Ls on this coiridor. Furthermore, the locations of six
new interchanges with on and off ramps aver the 10.5 mile corridor make potential
tolling more difficult. The Commission's tolling study made a prelim.inary finding that
this new corridor would nat be a viable tolling candidate because of the estimated high
rate of potential traffic diversion.
' Bonding
A transporEation benefit district may incur indebtedness and issue general obligation
bonds up to oue and one-half percent of tbe value of taxable'property within its
boundaries without voter approval and a total of five percent of the value of taxable
, 3
, .
property withi.n its boundaries if voters approve a ballot proposition authorizing the
indebtedness by at least a three-fifths vote. A transportation benefit district may also issue
revenue bonds. The revenuc bonds would be payable from ihe taxes or fees imposed by
the iransportation benefit district. The maximum tterm of general obligation bonds is 40
years. For revenue bonds, tlae maximum term is 30 years. Annual debt service
requirements ner $100 n-Lillion in band proceeds with a 5 25% interest zate and a 25 year
tenn is anoroxunatelv $7.3 mzllion per vear.
What are some other local funding options?
In addition to the transportation benefit district legislation, a number of local option taxes
were authorized in the 1990 Legislative session that enable local governments to impose
additional taxes for the provision of transportation improvements. These include a
commercial parking tax an.d a motor veh.icle and special fuel tax.
Farlting Tax
For geaeral transportation purposes, a county or city may impose a commercial parking
tax. The tax may either be on the commercial parking business, based on gross proceeds
or the nunaber of parking stalls, or on the customer. Tax exempt carpools, vehicles with
bandicapped decals, and govemment vehicles are exempt from the tax.
Special Fucl Tax
A local aption motor vehicle and special fuel tFUC equal to 10% of the statewide motor
ve}ucle fuel tax and special fuel tax may be imposed with voter approval. The local
optiori fuel tax would be 3.75 cents folloiviug the full implenaentation of the 9.5 cent state
fuel tax rate increase passed by the 2005 TJegislature. A countywide local option fuel tax
of 3.75 cents could generate an estimated $10 million per yeaz in Spokane County.
Can we defer oi• transfer the staEe sales tax on the construction of the
project?
The state sales anii use tax (6.5%) as well as all locally imposed sales and use taxes are
applied to the contract arnount of state highway construcdon prnjects. With Legislative •
approval, the state sales and use tax could be transferred from the state general fund to
assist in the financing o.f prnposed projects. The state sales and use tax transfer would
contribute to the financing of the project and reduce the funding needed to be financed
through bond proceeds or other means. NVith a project cost estuna#.ed at $3.3 billion, a
state sales wid use tax transfer could amount to approximately $215 million. . The Legislature could also provide for a state sales and use tax deferral. A sales and use tax deferzal would also reduce the initial cost of tiie project aad, thereby, reduce the need
for addirional bond financing. If the total finamcing of the project included tolls, the
reduceti funding derived from bond proceeds could lead ta reduced toll revenue
requirements over the lifc of the project finaacing.
4 , .
. Ys tax increment f nancing a viable option? A rarely used financing method is tax increment fmancing. Tax increment financing is a
method of financing public -facilities or improvements where some properry tax receipts
. within designated areas are diverted from taxing districts and used to finance the
construciion of public facilities or improvements in the desigmated-areas. This mode of
financi.ng is also knovvn as community reclevelopment financing. Tax incrEment 5nancing
is generally intended to assist local government promote econom.ic development.
A county, city, or port district may institute a tax increment financing program under the
new legislatian enacted in 2001 by designating the boundaries for a tax inczement finance
area, holding a public hearing on tlie proposal, and obtaining agreements for the
financing program from the local govemments imposing at least 75% of the regular
. property taxes within the tak increment financing area. A tax increment financing
program with a fue protection district located in the tax increment finance area may only
be instituted if the fire protection d,istrict approves the program. The tax increment .
financing area must be comprised of contiguous tracts of land and may not comprise . ,
more than 25% of the total assessed value of the taxable real property withiu the
boundaries of the local goverument creating the tax increment financing area.
The assessed value of property located wit~ a tax increment ~imance area is sepazated
into two parts. First, the regular property taxes imposed by_local governments on the
assessed vaIue of the area at the time it was created, plus 25% of any increased assessed
value, are distributed to the taxing district as if the tax increment financing program were
not instituted. Second, the regulaz property taxes imposed by local government on 75% of
any increased assessed valuation is diverted from these taxi.ng districts and used to
. finance the infrastructure improvements Nvithin the tax increment finance area. T1xe ta.Y
incremerit financing terminates when the financing is completed. Utilization of this form
of financing along a siEnificaat transportation corridorEroiect could be problematic due
to lhe extended time period for construction and financing.
5
. .
What do all these options mean in: actuai funding levels for the project?
To summarize, what fallows is an outline of potential fundi.ng sowces and the average
annual reveuue each courd generate as elements of a funding package for the North
Spokane Corridor project (esmnates assume county►vide assessments within Spokane
C0llnty),
Total Estimated projeet Cost•
Cost over 20 years $3.3 billion
(based upon 2006 estimate and risk ancrlysis)
I.ocal Annual Revenue Sources•
Transportation Benefit District
Sales and Use Tax (0.2% - 20 year mnx. limit) $20 million/year
Vehicle Fee ($100 ger vehicle) $40 million/year
Other Local Option Tazes
Local Option Motor Fuel Tax (3.75 cents) $10 millionlvear
TOTAI, ANNUAL REVENUE $70 million/year
T4TAX, SOND PROCEEDS OVER 20 YEARS $750 million
(Assumes $70 million in unnual local revenue is leverAged
using 20 year bonds at 5.25% interest.)
One-time Revenue Source:
State Sales Tax Transfer
Sales and Use Tax (6.5%) .$215 million
TOTA.L ktEVENITE GENE RATED OVER 20 YEARS S965 million
Where do we go from here?
The Commission suggests the following actions be taken to move this project forward:
'1. The state should assist and suppoct the local jurisdictions in formulating a
countywide funding package far the North Spokane Corridor project. We need a
partnership in place so thaz local funding contributions can be made and combined
with needed state contributions to the project. Tolag should continue to be
asscssed and considered as a pflssible funding source.
2. As fundiug for the project becomes available, the acquisition of the necessary
right of way should be the fust priority. This early acquisition will protect the
state and the local jurisdietions from facing fiuther increases in property values
along the project's eorridor.
6
•s , .
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Inland NoYthwest Regional TYansportation Sunzmit .
S'umynaYy of Proceedings
Purpose of the Summit 2
, Context and Framework 2
Transportatio» Economics 2
Tlie Norlhwest Ecano»:y 4
Inland 1Vorthwest Assets arid Needs S
The Federal Perspective 7
Congressionpl Viewpoint 7
Tlie Administration 8
1Vew Ways do Ezpand Infrastructure - Public-Privafe Parrnerships 9
The State Perspective - Washington ' 10
'
Whhere are tive today? 10
What ts tl:e near-term and long-term outlook? 11
wlrat eLse needs ta be done at the stnte level? 13
Tbe State Perspective - Idaho ' 13
The Local Perspective - Local Needs 14
Personal Mobility Breakouts 15
Freight Mobtlity Breakauts 17
Economic Development Breakouts 18
The I.oc.al Perspective - Local Funding 19
Local Funding in Wasliii:gton ig
Lacal funding in Spokane 21
The Local Perspective North Spokane Corridor 22
WZty :'s WSDOT building the North Spokane Corridor? 23 Hoiv long will it take lo build tlte 1Vorth Spokane Corridor? 24
Fuuding Options for the North Spokane Corridor 24
Negt Steps 26
Speakers and Presenters 28
Breakout Session Facilitators and Resource Speakers 29
, .
.
Inlmid A'ortfrivcst Regtonal TrunspOrfqNnn Sunrmit
Surnmary ojProceeditrgs
Purpose of the Summit .
The Greater Spokane region and surrounding area known as the Inland Empire
are seeing steady groivth - both in theix populaHon and in their economies. That
growth brings the need for improved transportation facilities to accommodate
increasi.ng demand and fill critical infrastructure yoids.
Recognizing this growth, the Washington State Legislature provided funding to
the Transportation Commission to host a"regional transportation summit in
Spokane to discuss options regarding regional governance and funding for
various transportation needs." After consulting with legislators and the
Governor's Office, it became clear to the Commission that the geographic scope
for this Summit should reach far beyond the Greater Spokane area to include the
wheatfields of the Palouse and the other regional economies that rely on the
same transportation network as Spokane. • The Commission aimed to create an event that people not only would remember
but would use to formulate a vision for transportation needs and objectives and
as a catalyst for action. In his welcoming remarks, Transportation Commission
Chair Dick Ford pointed out that, the transportation vision is "part of a much larger vision - of what kind of a community do you want to be."
Context and Franiework Historically, the supply of transportation preceded and shaped demand. Today,
much of our investment in transpnrtation responds to crises.
Francis Mulvey, Member, Surface Transportation Board
Transportation Ecaiiotnics.
Funding transportation improvements has a long history of public and private
investment. Building and operating streets, roads, highways, porfis and airports
largely has been a public responsibility. Railroads and pipelines have be2n
funded predominantly through private investnlent. Public transit systems have
2
, .
Inland Norlhwest Rcgiaral 7Yonsportntion Sammf.t
Sumrnary ojProceeditigs
been both privately and publicly owned; most intraaty buses are funded today
by the government while most intercity bus service is privately run.
Historically, the supply of txansportation preceded and shaped demand. Today,
much of our investment in transportation responds to crises. Due to decades o#
underinvestment, this countxy now wastes 4.2 billion hours in congestion delay
annually. And because t-ransportation demand continues to outpace supply, we
can expect congestion a.nd delay to get worse for moving both people and
freight. -
, Trade is one factor accounting for transportation growth; trade accounted for
26% of gross domesHc product in 2000, double its share of GDP in 1940. By 2020,
trade is projected to account for 35% of GDP. Ocean-going ships have increased
ul -size - one ship can now carry 15,000 twenty-foot equivalent unit (TEU)
containers. That container traffic enters a constrained rail system a national
rail network thafi taday is more efficient but one-half the size it was in 1975.
A recent study by the American Association of State Highway and '
Transportation Officials (AASHTO) estimates that neetled rail freight
improvements require an additional $12 billion a year. And, our nation's
highways need $150 billion in investrnent.
The federal fuel tax has not been raised for over 14 years. When Congress
created the Highway Trust Fund in 1956, gas cost 30 cents a gallon and the tax
was 3 cents. In 1994, when Congress last increased the fuel tax to a rate of 18.4
cents, gas cost $1.10 a gallon. Efforts two yeazs ago to increase the federal fax by
4 cents failed under threat of a Presidential veto, As a result, the federal
Highway Trust Fund will run at a deficiE starting in 2009.
Furthermore, due to inflation, the purchasing power of the gas tax today is about
half of what it was in 1993. AASHTO estimates that an immediate 10 cent
increase in the federal gas tax is needed to meet existing needs - aside from
improvements driven by growth.
• Gharacterixing transportation as "the carnerstone of an effective economy," Tom
Fitzsimmons, the Governor's Chief of Staff, noted that the state has made great
progress on transportation since 2003. To the amazernent of other states,
Washington has raised its state gas tax- 14.5 cents over the last five years. Washington also has raised weight fees on cars and trucks significantly. With .
3
~
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Inland 11'orthw.sY Regfonn! T'ransportation Sanimit
Suinnrary ojProceedfiigs
projects under construction or recendy completed all over the state, the Governor
. is very proud that to date 95% of the projects funded through transportation tax
increases in 2003 and 2005 are on time and on budget.
' • .
, All the new state revenue is bonded and committed to projects, including the last
1.5 cents of the 2005 gas tax hike which has not yet been implemented. "The
theory behind all tihese efforts," Fitzsimmons said, "is that citizens will see the
progress, see investment working for them, and be willing to invest more."
The state of Idaho has not increased transportation revenue for 12 years. It is,
however, making significant new investments using GARVEE bonds and a
version of tax-inrrement #inancing.
In addikion to the difficulty of raising new revenue, a developing issue is the ability to rely on gas fiax revenue projections. As of September 2007, for three
consecutive months, gas tax revenues in Washington have been 3 percent under
projection---thaYs $3 n7tillion a month. Under the best scenario, gas prices will
stabilize and gross collections will be down $76 million in the current biennium
and $100 million in the 2009-11 biennium hom those projected when the fuel tax
was increased.
The September transportation revenue forncast showed a larger revenue
decrease, predicated on increasing oil prices, driving the reduction to $200
million. And that just accounts for the state share; these new projections mean
$43 to $85 million less in expected combined funding for cities, counties, and
local transportatiQn grant programs. All these factors apply to the federal gas tax
as well. The September rev@nue forecast drops expected federal gas tax receipts
by $115 million a year across all levels.
The Northzuest Ecorzomy.
Washington is the most trade-dependent state in the nation - and that may
account for Washington having the healthiesc economy in the naHon today. Port
of Tacoma Executive director Tim Farrell stressed that ports give Washington
companies aceess to global markets. In addition to airplane and software sales,
apples, hay and Prench fries are three of the many agricultural products shipped
each day through our ports to booming Asian economies.
4
.
Lnland Northxuw Regional TmnsportaNon Sumanit •
Summary crfFroceedings
An even bigger volume of products streams th.rough our ports fronl Asia for
homes and businesses across the continent. The Port of Tarnma estimates that
. nearly 100,000 jobs statewide are related to its activities: Taken together, the
Ports of Seattle anci Tacom.a create the third largest gatew'ay to North America,
How is Spokane relevant to the Port of Tacoma? Fazrell emphasized that a port
is only as good as its inland connections. Recognizing the value of trade and its
projected grawth,, the Governor has creafied an Executive Freight Rail Achon
Team to focus on freight improvements across the state, including the po.rts af
Seattle and Tacoma, the BNSF ra.ilway, and the Union Paci#ic Railroad. In
addiHon, the state's recent purchase of the Palouse and Coulee City (PCC)
Railroad enables continued short line service to over 70 rail-dependent Eastern
Washington businesses.
But more needs to'be done, Farrell pointed out. Freight tonnage worldwide is
experted to triple in ttie near future. Canada, Mexico, and other states are taking
action to build and expand ports and their connections inland. Virginia is
investing $25 million a year in a rail enhancement fund to unprove a rail corridor
leading to the Ohio River valley; the city of Reno, Nevada is investing hotel taxes
and a sgecial distrirt assessment as part of a$280 m3.Uion proJect to separate the
busy Union Pacific railroad Oakland to Chicago main line from downtawn
tra#fic; ConnectOregon is a lottery-bond-based inibative first approved by the
2005 Oregon Legislature to reduce freight costs for business by investing in air,
rail, marine and transit infrastruMure.
Inland NorthWes#Assets and Needs.
In their welcoming remarks, Senator Lisa Brown and Spokane Mayor Dennis
Hession both acknowledged that the Spokane regiori has few traffic problems,
making it "exacdy the right time," in Senator Brown's view to comprehensively
tackle transportation issues. The Mayor added that a short commute is part of
Spokane's attractive quality of life and selling poinE he usQS to attract new
business to the area.
. "Although Spokane is second to last nationally in the lack of congesdon," noted
Robert DeHaan, Deputy Assistant Secretary for Transportation Poliry, "the
congestion plaguing the West Coast affects Spokane. Are you prepazed for the
cozning congestian?"
5
.
. .
Inlund Northrvcvt Regional7ransportatlon Samnrit
Sumarory of Proceedings
Inland Northwest assets, such as the Port of Lewiston and the comparatively low
landing fees charged by Spokane Intesnational Airport, ean play a larger role in
meeting the needs ot the 20 million people who live within a I6-hour drive. Judy
Cole, a Vice-President with Avista utiliHes, and Idaho Senator John Goedde
introciuced the concept of an Inland Pacific Hub. The Inland Northwest is poised .
to benefit not only from the east-west trade to and through the Puget Sound
ports, but continued trade growth with Canada. Cole explai.n.ed that part of the
need to work tngether with Idaho and the rest of Washington is that the Spokane
region "is not competing with Westem Washington or Northern ldaho. We are
compedng with the world."
Airport Landing Fees
Spokane Internatianal $900 '
Seattle-Tacoma $2,160 Portland, Oregon $1,710
Vanmuver, B.C. $3,440
Senator Goedde expanded on Cole's comments, noting the close connections
. between Northern Idaho and Eastem Washington; Spokane International Airport
is the front door to the tourist destination Coeur d'Alene and U.S. 95, Idaho's
north-south corridor, is the fastest route from the west coast.to booming Alberta,
Canada, in the midst of the strongest p.eriod of economic growth by any province
ever. The U.S. 395 corridor may bring a new wave of Asian goods that are
beginning to arrive at a new $170 million port that has opened in Prince Rupert;
British Columbia, And, the 10 years from 1994 to 2003 have seen a doubling of
bilateral trade between Caanada and Mexico.
More infrastructure will be needed. Although state lughway needs in eastern
Vlrashington are estiznated to cost over $5.2 billion the next 20 years, only $1.7
billion is projected to be available ta .meet that need. All-weather roads in rural
areas, rail grade separadons, and impzoved rail and transit connections are in
addition to this $3.4 billion shortfall.
One project Governor Gregoire would like to see the region work together on is
the North Spokane Freeway. Its 10.5 mile length connects I-90, U.S. 2 and U.S.
395 and impacts much of the north-south movement of people and goods in the
Spokane azea. Another important need for the Inland Northwest is a long-term
6
Inland 1Yorthwrs1 Regtono! Tro»sportatran Sumn,li
S4n;mary of Proceedfngs
financial strategy (and perhaps a governmental structure) for the PCC Railroad,
recently purchased by the state.
[drawn from presentntions by Governor Gregoire's Chief of Staff Tom Fitzsimmons,
Surface Transportation Board Cornmissioner Francis Mulvey, Judy Cole wfth Avista
Lltilitres, Idaho Senatar John Goedde, Washington Sencttar Chrrs Marr, Port of Tacoma
Ezecistive Director Tinr Farrell, and LISDOT Deputy Assistant Transporta#ion
Secretary Robert DeHann]
The Federal Perspective. Cmigressional viezvpoisct. Senator Patty Murray, who chairs the subcommittee on Transportation
Appropriations, and Representative Cathy McMonis Rodgers, whose 5lh
Congressional District covers the entire eastern quarter o# Washington, represent
different political parties but agree on a strategy for the Inland Northwest: rural
and urban areas need to join together to set priorides for key transportation
projects. Both emphasized the need to complete the North Spokane Corridor
and regard its completion as complementary to other projects in the region.
Senator Murray emphasized that freight mobility is vitally important for the
state. In addidon to the North Spvkane Corridor, she listed three key freight
projects for the region:
• Bridging the Spokane Valley to, allow safer and faster rail shipments
thraugh grade separations;
o Widening U.S.12 in Walla Walla County; and • Creating the Inland Pacific Hub.
Representative McMorris Rodgers emphasized that the region must identify its
priorities and put together a regional transportation plan. She suggested that the
region no longer look at its transportation systems as a patchwork and urged
integration of khe various mades of Eastem Washington infrastructure. She aIso
cited existing 1nland Northwest successes io build on, such as:
• the RailEac project in Walla Walla County, which has made it possible to
ship fresh produce from the regian to the East Coast, cutting a three-week
trip to less than one week;
7
1 .
' •i
Inland Nortliwcst Rcgtana! TroruspoMation Summit
Sustanary of Proceedings ,
• a$108 million facelift at the Spokane Airport has completed with capital
improvements including rehabilitation of both runways, new entrance
roads for Spokane Internadonal arid the Airport Business Park, expanded
surface parking, and the addidon of a Ground Transportation Center;
o a fully-loaded barge traveling the Columbia-Snake waterway takes the
place of 120 trucks on the road.
The Adtninist7afiiotc.
It is generally agreed that transportation fu.nding has not kept up wikh demand.
There axe four basic ways to meet infrastructure needs, explained Surface
Transportadon Board Comunissioner Franas Mulyey:
• Build more physical infrastructiue. Not always easy to do - the last new
airport built was Denver 10 years ago. Only ttuee major airports have
been built in the United States over the last 25 years.
. • Use technology to improve system operations. Examples include
modernizing the air traffic control system, using posidve train control to
ixnprave rail safety and capacity, and using intelligent traffic systems to
manage traffic flow. . •
• Better use of existing facilities. By changing how things are done, such
as operating ports 24 hours a day or managing highway demand through
telecommuting programs and road pricing, existing infrastructure can
accommodate more demand with relarively small investment.
• Promote behavioral changes by shippers and travelers.
Each of these approaches - along with public-private partnerships and market
mechanisms is part af the United States Department of Transportation
(USDOT) Urban Partnership program. Funded with $850 million nationwide,
this federal program is partnering with five urban areas, including Seattle, to
tackle the federal priority of congestion reduction using technology and
e.fficiency - along with concrete. Viewing congestion as an unbalance in supply
and demand, USDOT Deputy Assistant Secretary #or Transportation Policy
Robert DeHaan suggests there are three ways to reduce congestion:
• ration road space through queuing;
• formally allocate road rights;
• use prices and the market - in the form of variable highway pricing.
8 .
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Inland Norihwest Regforra! TronsportaNon Summit Surnmary of Proceedings
Pricing and telecommuting are two key aspects oF the Urban Partnership
proposal made by WSDQT, King County and the Puget Sound Regional Council
ancl accepted by the USDOT. De Haan eacplained that pxicing, in turn, provides
the following benefits:
• sma11 reductions in demand produce huge gains in reducing congestion;
• encourages use of mass transit;
• creates a market for bus rapid transit;
* better traffic flow improves fuel economy, thereby reducing greenhouse
gas emissions. '
New Ways to Expand Infrastructure - Public-Private Parinerskips
Because the federal Highway Trust Fund is projected to run out of funds in a few
years, it will be necessary to leverage private investment along with public dollars. Fortunately, the high demand for improved mobility for people and
goods has generated growing private sector interest in infrastructure - both for
building and operating it.
Public-private approaches described by Commissioner Mulvey include:
• Design-Build Construction as an alternative to the dominant practice
public agencies follow of separately designing a project, and then
contracting to have it built - typically by the lowest bidder. Design-Build
combines the two functions to provide greater flexibility and saves time
by alloiving tile winning bidder to design and build simultaneously. It is
used primarily on mega-projects, such as the Salt Lake City I-15 Corridor
project and Hiawatha Light Rail in Minneapolis.
• Design-Build-Opexate-Maintain takes the Design-Build concept further
by contracting with a private partner to opPrate and maintain the facility
or system. This approach has been used on toll bridges, toll roads, public
firansit systems or airports, such as Massachusetts Route 3 North and the
Las Vegas Monorail.
• Long-Term Leasing of existi.ng publicly-financed toll faci.lities to pzivate
investors for a presrribed time period, during which tirne the investors
have the right to collect tolls. Prominent examples are the 99-qear Chicago
Skyway lease for $1.8 billian and the 75 year Indiana Toll Road lease for
. nearly $4 billion, both leases made to a parlnership of Australia's -
Ivlacquarie Infrastructure Group and Cintra, S.A., a toll road and car park
9
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Inland A'orthwest Rcgloita! Transportatlo+r Sunimlr
Sanrmety oj!'roceedings
operator based i.n Madrid, Spain. Although the 50 year-oId SkyWay is in
need of substantial rebui.lding, for tax purposes the Cintra-Macquazie
investment in the leased facilities are treated as if they oum the structures.
! RaiUtntermodal Projects such as the Alameda Carridoz, serving the pnrts
of Los Angeles and Lonp, Beach. By assessing fees on shipping containers,
this project tivas able to finance relocating rail track below grade into a big
ditch. By eliminating the grade crossings, up to 60 trains a day can move
containers in and out of constrained port spaee to interg►odal yards 10
miles away. 9 Rail Capacity Inveshnent autharity enacted by Congress in TEA-21 .
allows xailroads to obtain loans at government borrowing rates. Although
less than a billion has been loaned, $35 billion is available.
But even an infusion of private funds through publio-private partnerships will
likely not provide enough money to meet our infrastrizcture needs, Mulvey .
suggested. There is a growing realization that more public sector involvement is
needed.
[drawn from presei:tations by Ser:ator Pntty Miirray, Representative Cathy McMorris
Rodgers, Deputy Assisfant Transportation Secretary Robert DeHann and Surface
Transportntion Bonrd Cornmissioner Francis Mulmj]
The State Perspective Washington.
Where are we today?
Transportation projects today are burdened writh significant and unexpected cost
increases for both land and materials. Despite cost inflation nf almost $2 billion
out of a$4 billion capital budget, the 2007 Legislature found ways to keep the
projects in the 2003 Nickel Package and 2005 Transportation Paztnership Act
('I'PA) on schedule. The $7.5 billion "bare-bones" budget kept 432 road and
bridge projecfis on track. Bonding term lengths have been extended for some
projects to cover higher costs and funds budgeted for projects srheduled for later
constxuction have been shifted to projects that must hegi.n soon restoring many
projechs to their original schedules. This has kept projects funded and on track, it
saves money by avoiding inflation and achieves efficiencies by funding each
phase of construction fully, rather than pieceineal. .
10
_ , .
Lnlarrd Northrc+esl Reglona! 7rarrsportation SammPt
Susrmary of Proceedttgs ,
However, the 20071egislative session brought no new .funding. Senator IVfarr
stressed that TPA tunding was committed to a prnject list a list that was key to
getting the votes to pass the 2005 gas tax increase. Also, the new taxes are not
fully phased 'ul 2 cents in new gas taxes came on stream in July 2007 and an
additiana11.5 cent gas tax increase takes effect in 2008. The legislature used
addiHonal bonding capacity left under the Nickel increase, TPA and 5pecial
Category C funding,, reprioritized soine experiditures, created new funding
sources and applied a haxd pencil to the budgets. It also freed up an additional ,
$1 billian by creating a mega-project risk pool.
The Senate also struggled to find a way to address critical port and shipper
related freight congestion issues. Those huge needs cannat be met with current
gas taac revenues. T'he Senate Transportation Committee flaated a number of
. ideas, including a proposed container use fee, which the ports and shippers both
opposed. Tllose.g"roups agreed instead to parkicipate in an interim legis]adve
process that would bring together freight shippers, pvrts and other stakeholders
to identify alternative revenue sources. This money, i£ found, would fund over
$330 million in prioritized projects over the next 3 biennia that can relieve
congestion along roads to ports and other critical freight routes, including $25
million to modi£y the Stampede Pass fiunnel.
Whnt is the near-tmn and long-term outtook?
LeYs start with the gas tax. Whereas today 35 percent of the state gas tax
revenue goes to debt service, by the time all of the Nickel and TPA related bonds
are issued, nearly all of the gas tax revenue stream will support interest on
bonds. The fact is that Washington is more heavily bonded in transportation
than anytime in its history and has exhausted its available gas tax bonding
capaciry.
Although there is authority to issue up to 30-year bonds vn gas tax revenues, the
State Treasurer has insisted on a maximum 25-year term. Many states have
begun to look at 40- or 50-year bonding, particularly for bridges or mega-
projects, but that would require legislative authorization in Washington. With
uttle available bondi.ng capaciry, and most Nickel and TPA bonds issued at
historically low rates, this would be of nominal benefit.
What brought us to this point? Washington's status as one of the most gas tax
dependent states began wi.th the passage of I-695 - eliminating $1.5 billion in
ll
,
Inlatrd Northn*cst Regional TYansportation Summii
Summtary ojProceedings
funding per biennium raised through car licensing fees. Perhaps more important
has been the failure of the federal government to increase the federal gas tax for
over 14 years.
At the same tiine, inIIation eats away at the buying power of the gas tax. On the
average, gas tax revenues have risen by 2 pexcent each year, ivhile the annual
rate of inIIation is ruruung at 3.4 percent. Even with the higher state gas tax,
zevenues are not keeping uF with vehicles miles traveled. Looking to the #uture,
fue] effiriency has climbed from an average of 12 miles per gallon in 1968 to 18
miles per gallon in 1998 furthet eroding tax xevenues and congress will likely
mandate everi higher fuel efficiency standards. Most experts believe that we
have 10-15 years left under a gas tax degendent system, if that.
Inflation eats away at the buying power of the gas tax. On the average, gas tax
revenues have risen by 2 percent each year, wlvle the annual rate of inflation is
running at 3.4 percent. Even with the higher state gas tax, revenues are not
ke2ping up with vehicles mites traveled.
Washington Senator Chris Niarr _
But khose next 10-15 years are critical, and there are huge needs in the 2009-11
biennium. Washington's 16 year transportation plan assumes a 2009-11 WSDOT
capital budget of $4.5 billion - similar to 2007-09 and $1.3 biUion in operating
budget expenditures. On top of that we have a$2.3 billion ferry budget that is
under-funded by at least $400 million. It indudes the purchase of four new
ferries but not the refurbishment of others.
We need to:
o Continue to.scrub the budget and create new dedicated revenue stxeams.
Foz instance, the fees for drivers' license abstracts now generate an
additionaI $20 million for the Washington State Patrol, pther examples of
new revenue streams are waste tire fees and container or freight user fees.
• Another strategy is to reclaim genezal fund revenues with a transportation
nexus. Last session, the legislature redizected the internst earned on
transportation accounts back to the transportation budget ($8 million a
year).
• View freight mobility from an econoinic development perspective and
fund 'unprovements using general fund revenue.
' l2
, .
Irrland 11'orthwestldegtona! ?}anspo►tutfon SurnmJf
Sumatiary of Proceeritngs
• Consider revisiting sales tax exemptions for transportation projecks.
Looking at a$4 billion capital budget, that might mean $200 million or -
moze a biennium. But this is a hard sell even with a general fund surplus.
• Use additional bonding capacity and extend bonding terms beyond
current 25 years. Consider 40-50 year bonding on mega-projects with
interest rates at historic lows.
In fact, Senatar Marr points out that even if all these measures are impleinented,
khe impact will be negligible with the exception of the sales tax exernption.
. Wl:at else needs to be doite at the state level?
Regions need to work together - both within their region and across regions. We
need to talk about how each region of the state gets the infrastruchue it needs. Transportation, education„ and economic development are all connected. On a.
per capita basis, the Inland Northwest does a better job at producing rnllege
. graduates needed for its loca] economy than other parts of the state. As the
region builds its transportation vision, look at where the jobs will locate.
[drauin from presentations by Senator Chris Marr, Senator Lisa Brown, Puget Souttd
RegionaJ Couricil execistive Director Bob Drewel and Transportation Secretan,/ Paula
Hnmmortd]
The State Perspective - Idaho.
Transportation is the third largest budget in Idaho at $525 million a year, but
Represe:tttadve Frank Henderson, who develops the transportation budget, says
it is short $200 mi]lion of what ought to be spent. For twelve years, Idaho's
Depariment of Transpartation had no new revenue. Now, the Statc has available
$1 billion in GARVEE Bond authority.
Grant Anticipation Revenue Vehicles (GARVEEs) are bonds that are 'repaid with
£uture federal funds. Zn recent years, Pederal law has expanded states' ability to
tap Federal-aid highway funds as a potential bond repayment souree. In this
vaxiation of a grant anticipation note, sfiates can pledge a shaze of future Pederal
highway funding toward payment of debt service on a long-term bond issue.
Idaho also is using Sales Tax Anticipated Revenue (STAR), a new law allowing a
Post FaU.s developer to pay for a new $25 millivn interchange and then recoup its '
13
• .
INland No►tlnucst Regtonur 7Yunuportnrfar Suminit
Summary ojProceeduegs expenses through sales tax refunds in the coming yeazs. Until thE interchange
cost is recouped, 65% of the sales tax coAected at this Post Falls shopping center
housing Cabela's would be rebated back to fihe developer.
In Idaho, as elsecvhere, infladon is eating up a large amount of the budgeted
' amount for projects. Representative Henderson cites these statistics: -
e Oil for asphalt is up 37°!a
e Aggregate is up 102% • Base rock has increased from $5/ton to $13/ton
e Bridge deck concrete has increased from $248/cubic yard to $754Jcubic
yard
' Tn part to respond to inflation and in part to meet transportakion needs, some mix
of new revenue will be proposed in the upcomulg legislative sessions in Idaho.
[drawn frotn remarks by Representative Frank Hendersorr, Post Faits, Idaho]
The Local Pexspective Local Needs
The Sunurtit featured morning and aftemoon breakout sessions on three topics:
Freight Mobility, Personnl Mobiiih,/, and Economic Deveiopment. ThesQ breakout
sessions allowed business, government and community leaders participating in
the Summit to have a free-flowing, yet orderly, discussion on the three broad
topical areas. Several experts set the stage for plaang issues and ideas on the
table in each breakaut session. All three breakout groups identified the U.S. 395 Corridor as a critical for
improving mobility for people and goods, as well as a key for future economic
developrrtent. Along with U.S. 95 in Idaho, the U.S. 395 Corridor anchors a
North/South conneclion from Canada to Oregon and beyond. WSDOT estimates
that $150 million per year is needed to complete porti.on of U.S. 395 known as the
North Spokane Corridor over the next 20 years (or $3.3 billion total inflated cost).
Funding and governance. were discussed in all three breakout groups, with much
focus on-developing collaborative and coordinated approaches to meeting the
infrastructure needs of the region.
14
, , .
Inlond Nortliwest REgional TransFortarion Summtt
Summary of Praceedfags Personal Mobility Breakouts
. This discussion was succinctly summed up by its facilitator as "Less about me
and more about we." Four Spokane Legislators participated in the sessions,
duxing which much of the discussion centered on how to complete the North
Spokane Corridor. Not everyone agrees with this priority, however, with some
participants suggesting that the lunited transportation dollars available be
invested elsewhere, such as more sidewalks in North Spokane neighborhoods.
Represenfiative Schindler wondered if the message from Olympia "is that we are
on our own?" She stressed that for the citizenry Eo be willing to support taxes,
the public must be convinced of'the need for transportation funding and how it
will be used. She suggested that details of project costs be publicized better to help bring the public along and also suggested public-private partnerships be
puxsued. '
Representative Wood talked about the many various demands for state funding
- funding requests are overwhelming and there are many financial constraints.
. He is waiting on the Puget Sound area's vote on a regional transportation
package before the State can figure out what it can or can't do for Spokane.
Senator Marr emphasized that legislators from the area must support taxes if the
region exgects to staxt seeing ntore state money for its priorities. The solution
must include growth planning, leveraging local fwtding options and mvenue,
and regional teamwork to develop a means for funding U.S. 395.
Rep. Ahern said that Spokane gets only 64 cents back on every dollar of gas tax
raised locally. He suggested the state privatize Washington State Ferries to hee
up more money fox Spokane. He also said that buses need to be promoted more
and that.the region should look at rreatirtg a regional transportatiori
improvement district.
Overall, whether discussing the North Spokane Corridor or other transportation
needs, most agreed on the need for a bigger vision for whole area. Several
• people commented that growth planning is very weak - because the region is
mostly rural and lacks density, people have to drive everywhere and there are
few modal choices to avoid that. There are no txavel options besides the personal
auto heading north of Spokane or east into Idaho. .
15
. .
Inlnnd 1Vorlhiwst Reglonn! Tronsporlatlon SummIr
Srrmmary ojProteedings
Several other personal mobility challenges were tackled, all relating ta making '
better connecdons between modes and from local to state infrastructure.
Coruiectivity is important and happens via dif#erent travel modes. Axid, because
travel starts on local roads, counties and ciries must be included in plaiuling and
conskructing.
Ideas to imprpve Connectivity that surfaced:
• Impzove on the existing bus system.
a I'romote transit with a public relations campaign.
• Make. the bus system con-vrenient.
• Create hubs to help commuters consolidate trips, such as child care
availabie at an employer's location and co-locating needed services.o Secure right-of-way for rail and reserve former rail beds for future use.
. Build rail infrastructure to guide grovvth before more growth occurs.
• Adnpt a "complete streets policy."
o Create a city-wide Local Improvement Districf to buU sidewal.ks.
• Build intermodal facilities for connectivity between the airport and
downtown. "
• Create a shuttle system between key areas - such as between the
uiuversity district and the medical district.
o Create a 20-year vision for a Pede.strian/Bike system.
• Make use of state resources in the Commute Trip Reduction progra.m.
• Focus on people with special needs and vulnerable citizens.
• Talk with tribes about their unique resources and needs. They can be part
of the cooperaHve solution. .
'I`he discussion a]so included creating a regional prioxity list. In response,
Transportation Commissioner Dale Stedman explained that the Spokane
Regional Transportation Council (the federally designated Metrvpolitan
Planning Organization) has a prioritized regional pro}ect list but that less
expensive projects terid to get done because the big projects can't get enough
funding to eomplete them. Pazticipants also discussed the need for any futtzre
prioritizatiori process to be public and indusive. The public must be convinced
that planners and public officials are doing the right thing.
16
, .
f~if~nd fl~arrl~ ~u~,'~ 7{egl~M~! Trarrsporira~orr S~r,n~nf~
. Sremmffry nf ProeeedlAgs ; Freight Mobtltty Bpeakou ts ,
~ 'Ijhe SPolcane..area and J.rdand Northwest aspires to be,a.bigger playei zn the
' glabal ecOriomy. AgFirultural arLd forest products froirt the region rtitove across interriational borders. The proposal for an lWand Padfic Htib (Global Gafeway),
-
th . .
e developmerit of the I~To~'th Spp~Cane Corridor, arid rail ~nd barge coi-inections
are a12 critical for f.reight:movernent, .
~ive kep m eds -wore icienfifiiecl.
o;Airport iatprovemertt; focused on extending the ruriwap for cargo pjane~.
IMpMving th~'U,S. 395195 Corridor far'north-~out~ freiglt~:tra~ic. ~ Cost=beriefit arialYsis for an in~ermodal trarLS-load facility. .
# CYeation oF a I'ort of ~pokane.
~ Ft.und ing. Possibl~ hxitding souices.idendfied were:
: A sales tax e~ertpoozt for builcling transporkat'son faaJities.
Iv~oze f~d~raZ c~aLlars. . .
Ch argittg for the NEXUS service at border. NEWS, providea simplified,
bo-rder cross. ings for pre-approvttci, #r~qu4nt travOers, including dedicated
lanes af various b(5rder rrossxngs ta redum #raffic congestion art.d "del
jays.
Tp create -a sfrakegic frht sVsO-rn for the Inland Narthwest regio~; -
we.need to know:
~ . Wltat gao.ds arci mov3ng?.
~ Wh:at.needs #o mavO
~ What is restricting mpvement? ..Are there~bo'tflestecks and
°chokepoizt,tii? .
■ How do we ffi i.t?
~ Where wilI #lte maney come from7
ne &tussion'totiched on every ttaiitsp urtation rAo&:azid ~oxt~luded that all
'mOdes iteed aclditional in~estment. People.warit chozces. Shippers e~cp2ai.rxed
that'they dete.rmute the mode to use.based_on theltandling rteeds of the.freighi.
Some perishable. i#erris'iequii'e air transpoz`t; for b~ilk. itams the slIpper.can
.choase am.ong baxge, firain ar truck, depending on availabiiity *nd price.
1"7
,
Irilartd Northrcvst Regfaial TrnnspnKatlon 5ummtt
, Sumrtary ojProcefdings
Rail availability is very iznportant - especially to the agriculhxral economy of the'
Inland Northwest. Maxty rail issues were raised:
• Loss of rail creates impacts on county roads.
- • Need to eliminate the Stampede Pass bottleneck.
• Personal sa£ery and freight velocity requires more grade separation.
e How to increase rail capacity.
0 Coordination between BNSF and Uruon Pacific is needed.
0 The regional role in PCC ownership and operation.
County commissioners.emphasized that many transportation projects in the
rural area are low cost and that money spent there can go a long way. All-
weather roadways are needed to intprove freight movemerit. Capaaty for
addikional ca'rgo also exists on the Columbia-Snake River System and can reduce
. road impacts.
Economic Development Breakouts
Spokane is in a key strategic location with excellent assets. Seventy percent of
the cargo that comes into Seattle and Tacoma ports heads inland.
'I`hemes developed in these sessions were:
• Importance of regionalism. Be tr.ily regional. .
• Plan for the futuze - think long-range. L.inlc investments to quality of life,
• Develop a process and leadership. The regional decision making process is weak and fragxnented. • Anything that will benefit a part of the Region will eventually benefit the
entire xegion.
Assets include an available and experienced labor force, growing trade with
Canada, and the ability to get freight and goods into the area through a variety of
transportation modes: U.S. 395, I-90 , rai], and air. Issues to address are potential
linkages that can improve fzeight mobility - especially the U.S. 395 Corridor
and the advantages that a port can bring. In addition, speGific topics raised in, the
sessions induded partnerships, air travel, and tourism.
18
.
!nland Northwesr Reglonal TronsFortatJon Samaiit
Summary of Preceedtngs .
Partnerships. The U.S. 12 Coalition in WaIIa Walla has succeeded in moving
forward with four-larung U.S.12 by emphasizing safety & economic vitality.
Both the U.S.12 Coalition and the RailEx project have demonstrated that private
investment will follow public investment. There is a strong need to get produce
and products from Eastern Washington to East Coast. Tribes also focus on
. economic development. Econonuc development efforts need to be inclusive and
bring state, federal, tribal and international governments together.
Air service is key to many types of economic development but cantinues to be a
challenge to Eastern Washington. Price is the driver in commercial air service
availability and frequency. Although Spokane will continue tobe a hub for
lightweight air cargo, there is much concern that development around the airport
will constrain airport growth.
Tourism is important to economic development in the Inland Noithwest. In
2005 visitars spent $688 mill.ion in the Spokane area. There is much grocvth
potential for touxism, but there is a perception that the area is hard to get to. The
Spokane region needs to make it easier for travelers, especially Canadians, to get
khere. .
fixpansion of the convention center has allowed Spokane to have larger national
conferences. Impxoved train service to the region and light rai] or streetcars for
travel in the city were suggested to enhance tourism. The Local Perspective Local Fundi.ng
Local F:cnding in Washington.
The mix of programs that provide local funding for transportation is about as
camplex as the transportadon system itself. But this not a bad thing - g;iven the
diversity af counties, rikies, and towns, the diversity of needs that exist, and the
37% cost inflation over the last iwo years, we need as many opHons as possible.
Trying to understand the mix of programs that provide local funding for
. transportation is Iike trying to solve the Rubik's cube.
Steve Gorcester, Bxecudve Director, Transpor#ation Improvement Board
19
Iiiland Nort/r"st Re$lorrnl TraruportotPon Summil
S`umrnary ojProceedings -
Counties rely primarily on the unincorpnzated area road levy and the county
share of the state fuel tax. Rural areas in counties benefit from two grant
programs managed by the County Road Administration Board and 10 urban
counties receive assistance from the Transportation Improvement Boazd (T`IB).
Cities rely primarily on the city share of the state Euel tax, bonds, the urban
corridor and urban arterial grants from TIB. Transit agencies are funded mainly
through local sales tax revenue, federal grants and farebox zeceipts.
Counties and ciries both may receive federal grants through the Regional
Transportation Planrung Oiganization (RTPO) serving their area, and some may
collect signi.ficant impact fee revenue depending on grohrth i.n the respective
county or city. Freight mobility projects, whether in cities or unincorporated
areas, may receive grants from the state through the Freight Mvbility Strategic
Improvement Board (FMSIB), loans from the Public Works Trust Fund, and loans
- and grants from the Community.Economic Revitalizadon Board.
Keep i.n mind that cutting project costs is as good as raising money. When the
City of Spokane began its rehabilitation on the Monroe Street bridge, it
discovered that the arches were very strong and did not need replacing.
Adaptability can help achieve aEfordability. '
Parknerships increasingly are a key aspect of Iocal project funding. Fully 80° of
TIB projects have parinerships. One excellent example is the $17.7 inillion Myra
Road Corridor in Walla Vrlalla County. A strong partnership between the
county, the Cities of Walla Walla and College Plaee, it received the largest TIB
and FMSTB grants ever. By trading off project control, enormous revenue
capacit
y was gained. .
Funding partners for the Myra Road Corridor.
• $8,123,212 from TIB
• . $2,952,610 from Walla Walla County
e $4,230,000 from F'MSIB
6 $1,599,549 from the Caty of Walla Walla
• $692,264 from the City of College Place
• $78,817 hom Valley Transit • $78,817 from the Port of Walla Walla
20
,
lnlanJ North ivtst Regtona! 7rananortatinrr Summh
Summary of ProrPedings
Yet another potential source for local revenue for transportation is the port
district. These local governme,nts, authorized by the state legislature since 1911,
allow citizens within all or a portion of a county to create a governmental
partnership with the prft►ate sector that is focused on promoting trade and
economic development. The 75 port districts in Washington operate shipping
terminals, marinas, dacks, airports, railroads, industrial sites, and recreational
facilities. Ports have fihe authority to levy a property tax, borrow money and
issue bonds, as well as the ability to charge for services, in order to bring -
ecoriomic development - through investment and jobs. to their communities.
Local Fundirtg in Spokaiie.
The Legislature has granted over 12 taxing opdons to local jurisdickions for
transportation funding. Of those, the Spokane region is using only two. Two
option,5 were precluded for legal reasons; four contain geographic or
demographic barriers to implementation.
i.ong in place, the property tax rQad levy is used by counties and up to $2.2A5 per
,thousand dollars of valuation can be assessed in unincorpnrated axeas: Spokane
County is currently levying $1.63 per thousand. Transit tax is assessed as a sales
tax at a rate of .06 percent (of a possible .09%) and about $45 million a year is
mllecfied.
Authority to impose a city street utility charge was invali.dated by the
Washington Supreme Court in 1995. Local option motor vehicle licensing fees,
used by four Puget Sound counties, were repealetl by Initiative 776.
Funding options that are skill available, but not to Spokane or mast af the Inland
Northwest:
9 A horder area motor fuel tax, limited to cities within 10 miles of an
intemational border; • Local option HOV tax, available only to three Puget Sound counties;
e Local ferry tax;
_ o Regional Transportation Improvement District (RTID) options which
include a sales tax, license fees, motor vehicle excise tax, pazking tax, tolls
and local opkion fuel tax. Currently limited to three Puget Sound counties.
21
~
Inland lYoryhwPSt Rc.gionnJ Transportation Summit
Sunimary ojProceedings
Options remaining available: .
• Local option county fuel tax up to 10% of state fuel tax. Not currently
used anywhere in Washington; iniposiHon in Spokane County would
generate about $10 million annually at the full rate.
• TransportaHon Benefit Districts can be atywide, countywide or mulH-
county and are authorized to use a range of taxing opkions similar to the
RTTD in Puget Sound: a. sales tax up to A2%; excess property tax levies,
toIls, and motor vehirle license fees (up to $20 annually with councilmanic
vote and up to $100 annually with public vote)
• Counties and cities may impose a commercial parking tax.
e Regional Transit Authorities may employ a motor vehicle eaccise tax,
. employer tax and sales tax for high capaaty transit.
• Latecomer fees;
• Development fees; .
• Local Improvement Districts.
Another important piece of the funding puzzle could be assisted through
creation of a Port L}istrict: There is not a major economic region in the world
without a port. .
• [drawn from remarks b~j Senator Lisa Brown, Tratisportation Improvement Boarci
Ezectcfive Directbr Seeve Gorcester, and Port of Tacoma Executiue Director Tim Farrei!]
The Local Perspective Nor-tli Spokarie Corridor
U.S. 395 is a major north-south transport link, which moves people and goods
between•the United States, Mexico and Canada. Since implementation of the
North American Free Trade Act, more than $13.5 billion worth of commodities .
are transported annually along the corridor. U.S. 395 also supports regional and
local commerce and serves as a major commuter route connecting the City of
Spokane to the rapidly developing northern residential communities of Deer
Park, Chewelah and Colville. Improvements will allow motorists to move more
safely and efficiently and enhance a major freight route growing izi importance.
The need for improvements in this North Spokane Corridor was raised by
several speakers in plenary sessions in the contqxt of dtivindling state and federal .
resourees, and also was a major topic in each of the breakout sessions - freight
22
-
_ lirland Northwest Regional ?Yansportaiton Summft
Sumnrary ojProreedtngs
mobility, personal mobility, and economic development. In taped addresses,-
both Senator Patty Murray and Representative Cathy McMorris Rodgers emphasized the need for the entire rcgion to collaborate and set priorities for
transportation planning and investments, including the North Spokane Corridor.
Many of 'those attending the Summit now have a better understanding that local
fiandi.ng is needed ro complete the North Spokane Corridor and make other
transportation improvements. Local resources alone, however, also cvill be
inadequate to complete it. As suggested by the Congressional leadership that
spoke, a partiiership including federal, state and local funding sources will be
necessary to complete this project. '
W)ty is WSDOT buildittg the Norili Spokane Corridor?
This project acidresses the need for a major iJnprovement to allow motorists and
freight to move through metropolitan Spokane along the corridor from I-90 to
, U.S. 395 at Wandermere. There is increasing congestion and other operadonal
and safety issues on the eacisting street network. As proposed, the project will
, provide balanced transportatiort, including park and ride lots to support transit
and vanpooling operations, as well as an expanded and enhanced
pedestriarifbicycle facility. Right of way will also be reserved foz possible light
rail use.
When complete, the North Spokane Corridor will provide a 60-mile per hour,
limited access highway with a direct connection to I-90 just west of the existing
Thor/Freya Interchange. Other interchanges are planned for locations such as Trent Avenue (SR 290), Wellesley Avenue, Franas / Freya Street, Parksmith
Drive, U.S. 2, and U.S. 395 at Wandermere. The project will be developed in hvo
major phases:
• Phase 1- Spokane River North to U.S. 395 at Wandermere.
• Phase 2- Spokane River South to extend the corridor between I-90 and the
Spokane River. Phase 2 will also include a Collector/Distributor system
along I-90 betwee,n tile Liberty Pazk and Sprague Avenue Interchanges.
Overall, WSDOT identifies the following benefits:
o Ability to travel between Wandermere and I-90 in less than 12 minutes.
A free flowing facility which doesn't conflict with schools, parks,
shopping areas or pedestrians, but has reasonable access to these areas.
23
~ -
lntand Northwrsl Regtonal ?'ronsportadon Surnn,lt
Summcry ajf'roceedings
• Few@r trucks on the local streetsbecause they will use the freeway for
northJsauth through movements.
• Cleaner air because of less stop-and-go traffic.
• A safe bike/pedestrian corridor which connects to the Centennial Trail at
. the Spokane River, park and ride lots along the route, and other
established bike paths and neighborhoods along the way.
• Increased jobs due to construction spending in the community and • incxeased econnmic vitality.
How Iong urill it take to Fiuilci the North Spokane Carridor? The answer to this frequently asked question is: it depends on funding
commitments from the State of Washington, the Federal Highway
Adminisbratioit, and locally raised funds. Because future fundi.ng leti►els are
unpredictable, the exact construction praject schedule carulotbe determined.
It appears that significant local money will be needed tn leverage other funding
sources, whether federal, state or a publac/private partnership. Some local
funding aptions will prove to be more viable than ot,hers.
[infvrrnatiort drawn from WSDOT rnaterials and discyussions in breakout sessions at the
Sumfuit]
Funding Options for the Nor°th Spokane Corridor It will take a combination of tax and revenue sources to fully fund the North
Spokane Corridor - revenue corru.ng from the region, counties, cities, the state,
and the federal government - in an amount currently estimated to at $3.3 billion
or $150 million per year over the next 20 years. As requested by Governor
Gregoire, the Transportation Commission wi11 identify potentia,l funding options
for this project, early in 2008.
RegionaIlnvestinerct -
Washington law allows one or more munties to create a transportation benefit
distrirt (TBD) and deHne its boundaries accordingly. To take full advantage of
existing local taxing authorities, the Washington portion of the Inland Northwest
could create a regional transportation benefit districfi. Without a public vote, a
TBD can impose a$20 vehicle license fee. Taxes that a TBD can propose and
implement upon a favorable public vote aze as follows:
24
~ -
'
Lnln.nd Nortr'mrsY Reg7vna! 7Yansportation Sunrmit
Suenirrary of Proceedt►igs
o Sales and use tax up to 2/10 of one percent; _
o Excess property* tax levy;
o Vehicle license fee up to $100;
o Tolls;
o Transportation impact fees.
Cousety Investsnent
Counties may impose a local option fuel tax on a countywide basis up to 10°'0 of
statewide tax. Imposed in Spokane County alone, the local option fuel tax would
generate about $11 million a year; if also imposed in the three counties directly to
the north, it could generate an additional $1.4 million annually.
County transportakion investment authority atso includes:
, • o A Road Improvement District (RID) in a lirnited geographic area for
speciEic road impravements requires vote or petition of affected citizens.
• Commercial pazking tax for general transportation needs (no rate set in
Iaw),
Citrj Inveshncrnt
• A Local Improvement District (LTD) in a limited geographic area for
, specific road improyements requires vote or petition of affected ci.tizens.
• Commercial parking tax for general transpqrtation needs (no rate set in
law). ,
State Inveshnent . '
o Utiiize a public/private partnership approach, such as soliriting private
investment in return for a waiver of a certa.in percentage of the state sales
tax unkil the investment is recouped over a number of years.
• Stretch available funding dollars by removing state sales tax from
transportation construction - statewide this would,total nearly $180
million in the 2009-11 biennium.
• Toll the entire corridor.
• Apply a mileage based tee.
A Seek funding from the General Fund - pexhaps firom the LIFT program -
based on the projected regional economic development from the project.
• Enact a corridor commercial truck fee/toll.
25 . •
lnland NarthKvn Rcglonal Trunsportation Su»initr
Srrmmary of Procecdings
Next Steps The success of the Summit depends on the business, government and community
leaders from the Inlazid Northwest. Leadership must step forcNard to develop a
positive action plan and follow it through to implementation.
This Summit provided the opporhznity for developing a set of strategies aimed at
meeting the future transportation needs of the people and the diverse economic
sectors of the entire Inland Northwest frorxi Walla Walla to Lewiston, Coeur
d'Alene to PuIlman and Colville. Ultimately the success of the Sumznit depends
on the business, local government and community leaders fTOm the Iriland
Northwest who came and participated.
Everyone who attended should have left the event with a better understanding
of the challenges and oppartunities to improve transportation and economic
vitality; naw leadership from the Tnland Northwest must step forward to
- develop a positive action plan and corrunit to #oI]ow it through to
. implementadon.
An action pla.n should be visionary and pragmatic.. The vision should be
forward laolkir►g and responsive to future land use decisions, quality of life
. choices and climate change pxessures. And to be practical, the vision must be
phasable, flzndable, and fIexible over time. It must include:
o Regional partnerships among the different governmental entides;
a Paztnerships between the public and private sector; '
o A clear set of priorides there never will be enough money; .
• Working with Olympia and Boise to achieve a common goal that
benefits not only the region but the tcvo states as whole.
And, Transportation Chair Dick Ford added, "To be successful, you must be very
patient and keep at it." .
The In1and Northwest should learn from ivhat other areas have done, then craft
its action plan based on its own needs and circumstances. It would be good to
begin by looking at the Walla Walla region in the southern expansQ of the Inland
26 .
.
Tnlaad A'ortJiwcst Regional Transportation Summlt
Summaty of Prorredings .
Northwest. Their community leaders built a caalition of public and privafie leaders with a uniquely sharp focus. .
The dValla Walla coalition then picked a few important projerts. It works
without distraction an them; there is no confusion in that region or Olympia as to
their highest prioriry. And, Walla V1~'alla has expertly leveraged local assets to
bring other money to the table - the RaiIEx project is a$100 million investment of
private and public funds that began with a commikment of $2 million of lorally-
generated money. -
An ackion plan should be visionary and pragmatic. It must include:
~ Regional partnerships among the different govemmental entities;
• Partnerships befween the public and private sector, • A dear set of priorihes there never will be enough money;
~ Working with Olympia and Boise to achieve a common goal that
benefits not only the region but the two states as whole.
Finally, some of the next steps that ne@d to be taken go beyond what the Inland
Northwest ran do on its own. There are several steps that the state and federal
government must act on, most of which multiple presenters suggested:
• The State must accelerate moving forward with tolling initiatives or
priring based on per mile chazges. Tolling not a solution everywhere and _
pricing can both be used to address congestion and be phased in as a gas
tax zeplacement. -
• Create match opporilinities to leverage state £unding.
o Press for higher federal gas taaces. Every state has rritical transportation
needs and the federal governznent must be part of the discussion.
. a An additianal5 cent state gas tax is doable. It must focus on needs
outside the Puget Sound region and must leverage its impact.
[drawn fro»i remarks by Sencrtor Chris Marr, Senator Lisa Brown, Transportation
Cornmission Citair Dick Ford, Transpartation Secretanj Prruia Hammond, and tlte S)zaun
Higgins intervrew with Bob Drervel]
27
.
.
lnland A'onhwesl Reglona! Tronsportatlon Surnnrit
Sumnraty of ProcerQings
SPEAKERS A.ND PRESENTER.S
Ed Barnes, Cominissioner, Washington State Transportation Commission
Senator Lisn Brown, Majority Leader, Washington State Senate
Judy Cole, Director of Busiuess and Public Affairs, Avista Utilities
Robert A. DeHean, Deputy Assistant Secretary, TransportaHon Policy, U.S. Department of
Transportation •
Bob Distler, Commissioner, Washington State Transportation Commission
Bob Drewel, Executive Director, Puget Sound Regional Council.
• Tim Farrell, Ececutive Director, Port of Tacoma
Tom Ftkislunmoas, Chief of Staff, Governor's Office Richard Ford, Chair, Washi.ngton State Transportation Commission
EIm[ra Forner, Commissioner, Washington State Transportation Commission Senator dohA Goedde, Idaho State Seaate
Steve Gorcester, Lxecutive Director, Washington Sta#e Transportation Improvement Board
Reema Griffit6, Fsxecutive Director, Washington State Transportation Commission PAUIa J. Iiammond, Secretary, WaShington State Departmeat.of Transportation
Representative Frank Heuderson, ldaho House of Representathres
Shaun IIfggins, Director of Sa1es and Marketing, Spokesman-Reriew
IsRtJSI1A MII, Regional Business and Project Manager, Avista Coip.
Senator C6ris Marr, Vice Chair, Senate Transportation Coanmitiee, Washington Staie Senate
Francis P. Mulvey, Member, Surface Transportation Board
Senator Patty Murray, Chair, Senate'Transportation Appropriations Subcommittee, U.S. Senate
Representative Cathy McMorris Rodgers, U.S. House of RepresentatTVes
Dale Stedman, Commissioner, Washington State Transpoztation Commission
28
. . .
Inland Nonhivcst Regtaral 7~ansporratton Sammis
Surnmary of Proceedings
BREAK4UT SESSION FACELIT'ATORS AND
RESOURCE SPEAKERS Genesee Adldns, State Policy Director, Transportation Cboices Coalition.
Matt Ewers, Vice-President, Inland EmpireDistribution Systems, Inc.
Erlc JessuN, Assistant Research Professor, School ofEconomic Sciences, Washington State
University.
Pat .Tones, Executive Birector, Washington Public Ports. .
Jim Kuntz, Executive Directar, Port of Walla Walla.
Carol Moser, Commissioner, Washington State Transgortation Comuzission.
Dan O'Neal, Commissioner, Washington State Transpartation Commission.
Ashley Prabart, Municipal Associafe, Association of NVashington Cities.
'1'heresn Sanders, Director, Economic Development, City of Spokane.
Karen Schmidt, Executive Director, Freight Mobility Strategic Investraent Baard.
Eldonna Shaw, President & CEO; Greaier Spokane Valley Cbamber of Commerce.
John Sibold, Director, Aviation Division, Washington State Department of Transportation.
Harry Sladich, President & CEO, Spokane Regional Convention & Visitors Bureau.
Katy Taylor, Director, Public Transportation Division, Wastungton StF►te Department of,
Transportation.
J'oe Tortorelli,,Founder, and Principle, Economic Development Northwest.
Jay Weber, Executive Director, County Road Aduunistration Baard,
Larry Williams, Assistant Director, Economic Development and Internatioual Trade Division,
Department of Community Trade and Economic Development.
Scott Witt, Director, State Rail and Marine Office, Washin,gton State I7epartraent of
Transportation.
29 .
.t -
f
/ 4c
:1G ENll:1
CiTY Ur SPUKANE VALLEl•'
CITY CUUVC1L WURKSNEEI'
S7UDY 5L5S1UN
Tursdxy, January 15. 2008 6:00 p.m.
CITY HAId. COUNCIL CHAMBERS
11707 Eaat Spragoe Avenne, First Floor
(Plcase Silence Yuur Gell Phones During tbc'~lerting)
DISC[iSS10N L.EAI)EIt SLiR.1FCT/AC7'TVTTY GOAL
Veu, F.mployet Tntrnr}uclians:
C:z"d Cirter introtlucing Br4mdon Ncwbill. CenttrPlacr Administrallve A-v-ststunl
Engirtfer Slet-e «'orlev intrrducing firyslal .Ctcmck. A_ssisumr (.'!1' F'rrgineer; Rarr~Al 1ludano, Fngincer C'tl'
Terlmrcr;m; cmd Uarln.4rnvltl. ,4dminrstratn?e C'1P . Is.cist.rnr.
1. Cary Dciskrll (1 S minutcs) Panh:uidling piscusston,146urnutiiun
i:acy Driskell (20 minutrs) D;lngrr9us Dag Ordinance Discussiott/Informatian
~ Ntiku Jacksuu l 10 minutcsl Sraske Patics Nt,nintcnancr Uiscussion'lniormntion
Contrnc:t Renewal
4. Miko Jackson/Stevc Woricy Valley Misiinn Scnior Ccnter CJpciute Discussion/lnformation
(10 minutcs)
Ncil KetsErtt (10 minute-s) ":1:1A S«eeping., l untriict Rc;nc~val C)iscu;si~~nr'1nt~~rn~f~ti~~t~
(10 minutes)
o. Greg McCarmick (20 minutc.s) Comprchcnsi%c; Pian Amrndmcnts T.~Itii11i51~l~illt}f(1CitIFlSIC~(1
Qunrietly UpJate
e,yrolbcUe Br.inch 1 i,5minute;l t in Year Anniversary Di;cussionlInfnrrnntiun
8. Councilmembcr Gothm.lnn Webcasdtulevising Council Mer:tinFs Discussion/lnfarmntian
(15 minutcs)
U. ~1;t<or .Mun,on A.l% anrc Agenda Discussionlipf.►rniati.in
10. NIn}•or Munsan Council Chcck in Oiscussion/In,fcxmation
I t_ Mike Jxl►son Dcputy City Mnna{;cr Comuients Discuss iuNTnfotmntiun
a UJOIi RN
.ti'ute: Unkss ocherwise noted abuve, there wlll be no publk commeub at Caundl Study Ssssions. floKevar. Council afways romey
the right to reqntst luformstlon from Ihe public and stptYu rppropriate. Duristg matings hcld by Uic City nf Spnknne Yollcv Council,
che Council resemes die nght to enl;e "aceion" ffn uny item ltsted or suhsequeusly tx4Qtd to eht rtgenda The trrm "uction" meam tn drliberatr,
d&u.t.', mvirw. conslAer, evntuntc, or makc n coUeccive positive or negnrivc deci,inn.
NU I Ic.'t kulividwls plnnrttna tu aatnd du ta=dtttg who rcqume spaial asststapa to uaamnndata phrical. Asaring or otlier i m, wrmcrus, pkacc amact
( the Ciry C1nk at I4Ja) 921-100() u saan ss passibte a liw umgsenants mYy bo mmfe
,mm!v SCf51i,n A;cndi l:unuen 15. _:?OR Pa¢c I L,!' 1
CITY OF SPOKANE VALLEY
Request for Council Action .
Meeting Date: January 15, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Panhandling
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Council has held discussions on this topic on past occasions:
07-13-04 Regular Meeting:
8. Panhanciling 12egulations - Carv Driskell
Deputy City Attorney Driskell cxplained the memo accompanying his July 13 Request for Couiicil
Action, which is 3 synopsis of the research performecl by legal intern Joshua L.eonard. tAttorney Driskell
stressed that the Courts give this issue very close scrutiny as it deals with constitutionally protected
sreech. Discussion turned to traffic flow, littcring, other donating options, requiring a business license,
and for safety reasons, prohibiting panhandling at intersections. Refined options concerning this issue
will bc brought back again for further discussion.
~ 10-19-04 Study Session:
7. Panhsindline Research Report Cal Wxlkcr/Carv llriskell
Chief Walker summArized his October 11 report, ancl showed several slides of areas of coneerns; he
mentioned that he met widi scvEral individuals from variou.s social aoencies to discuss ways to wrork
together in contactinb the homeless to assist tliem in their situation and to also aicl in criminal pre<<ention;
he mentioned that at I-90 and Sullivan next to the Vlirabeau 1-Iotet, thcre havE been about fifteen to hwcnly
people camping regularly in a spot near the freeway; that most businesses dori't want the transients using
their facilities;, and with the people camping in that ancl other areas, human waste is a problem; that some
. of these people are mentally impaired, and he asked how Couneil desires to address this in the eommunity. Discussion hirned ta the issue of people plssing moncy, fram their cars to the panhsncllers
which at times infringes on the flow of trafific; and along with this to perhaps set some guidelines about
people volunteering their time to solicit donat'ions for valid charities. Mayor DeVleming asked what we
ean t1o to help protect businesses in the community and those who are being victimized by those campers.
Chief Walker will direct his staffto worh on campi.ng issue, and Attorney Driskcll said he will also check
to see the approach used by other Cities facing these similar issues
05-22-07 Regular Meeting: :
8. Panhandlinp_ Update - Cxrv Driskell/Erilt Lamb
Legal Incern Lamb told Cotmcil that currently the City regulates panhandling under Spokane Valley
Municipal Code 8.25.020; described as aggressive panhandling that regulates begging diat intimidates or
threatens or coercGS peaple into giving money. Mr. Lamb defined panhandling and cautioned Council t.hat
in terms of regulating panhandling, the City neecls to remember that 1cCally it is a form of e.cpression and
_ is protected. Hc presented options for regulation r►s being 1.) to promote a public awaraiiGSS campaigm to
encourage other meacts of charitable contributions ancl discourage donating to individual panhandlers; 2)
to cxpand the definition of aggressive begging to include other behaviors sucli as fraud, exploitation of
children or obstruction of traffic with intent to intimidate; or 3) ta continue ettforcement of SVMC
825.020. vlayor Wilhite said she would ]ike staff to provide more information with regard to ari
educational aampaign and bring the item back to council. .
Advance Aqenda Comments durinq 4-03-07 Studv Session:
8. Advance Aaenda Additions - Mayor Wilhite
....Councilmember Denenny asked about having a conversation eoncerning panhandlers; that he is
aware of other jurisdictions that have placed signs up mentioning the alternative to donate to certain
charities instead of giving money direckly Co the panhandler. Mr. Driskel) said they eYamined the
panhandling issue earlier concerning impact on traffic, iind that he can go back and look at that rescarch
to see if thcy can upclate the inforniation, and if there are any new fcdcral or sl'ate decisions which would
impact this City. Deputy Mayor Taylor said lhat panhandling at the 190 interchange at 5 p.m. has a
detrimental affeCt on traffic safety as well. .
There were also several public Comments received during Council meetings:
11-09-04: Tr•or I)illev, 2400 N Wilbur Road, Apt #ISp: stated his opposition to the hameless people
approaching him at his car on Appleway, Sprague and Pines, and the area near Wal-Mart; that he was
forced to roll up his window to avroid being panhandled; he stated t;he current situation is ridiculous, and
he wants us to adopt what Spokane County has adopted.
05-08-07: Gail Stiltner. 10119 East 44~` Avenue: Shc also menlioned that she feels the number of .
people panhandling detracts from our Cit}; that she realizes there are legalities, but that perhaps a task
Porce could be fornied to examine the necds of people panhandling, and to address tMose needs while
looking at assaciated issues of trash, ancl city image.
06-26-07: Joe Schutz, 2706 South Early Dawn Lane, Spokane Valley: spoke concerning the issue of • :
panhandling and aggressive begging, and in particular "illegal solicitation by pedestrians oF automobile
occupants," some of which, he explained is being done by volunteers for charitable purposes; and that he
feels these actions are illegal, a nuisance, and a traffic and safety hazard. He mentinned the previous
eorrespondence given to Council via the City Clerk, and said he was disappointed that he has nnt been
provided any answers far the reasons for non-enforccment of the statutory requirements. Mr. Schurt also
handed the Clerk a copy of tiis writt:en comments given at tonight's meeting. Mayor Wilhite indicated .
stafFwill read the material and contact him regarding his concerns.
OPTIONS:
RECOMMENDED ACTION OR MOTION: Discussion item ,
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary Driskell ATTACHMENTS: Information from Lega) Department coming under separate cover.
- ,
CIT1f OF SPOF{ANE 1lALLEIf
Request for Counc[I Action
Meeting Date: January 15, 20D7 City Manager Sign-off:. `
Item: Check all that appl}r; ❑ consenk ❑ old business 0 new'business ❑ public hearing
❑ information X admin_ report 0 pendirig legislation -
AGEt+1DA iTEM TITLE; AdminEStrative Report- Panha ndling regulation updates
#r:-_=
GO1lERNfhIG LEGISLAT[ON: Vtifash. Const, art_ I, sec_ 5; 1Nash, Const, art, 1X, sec. 11;S1lMC
8.25.020.
-
PREVIOUS COUNCIL ACTION TAKEfiJ: The Council clecided to cansider public awareness a
campaign, and•requested research on effectiveness of compaigns in othei- cities. Additionally,
the Council wanted an anaiysis of the legality af a licensing or permii#ing appraach for panhandling.
BACKGROUND' On May 22, ' 2007, #he Counctl heard several o,ptions for regulating
~ panhandling_ There were several options to mod3fy the current Iaw that prohibits "Ag9eessive
Begging," and one optian to promote a public awareness campaign. The Councif determined
- that it would like to cansider a public awareness campaign, but wan#ed more research on the
effec#iveness of various awareness cafnpaigns. Aciditionally, staff was requested ta review the
Iegality of cEeating a Cicensing ar permittOg scheme for panhandlers, ,
RECOMi1AEN17Eb ACTlOiV OR MOTION' Please advise staff how Council would like ta
proceed_ BUQGETlFINAI+ICIAL IMPACTS. Unkriown at this #irne_ -
. STA FF C ONTACT= Ca ry P. Ddskell, De puty C ity Attamey; Erik Lamb, Lega1 Intern
ASTACHMENTS' a See attached memar2andum.
• RCA from h+fay 22, 2007 .
a Public Awaeeness Brochure, S pokane, VIlashington
• Public Awareness Posterr Seattle, Washington
~ Public Awareness Brochure, Seaftle, WasFtington
• Public Awareness Paster, Evanskon, IClirtois
- , . Public Awareness Poster, Nashville, Tennessee
o Licensing Ordinance, Durham, North Carolina
e Licensing ApplECation, Durham, North Carolina .
e Licertsfng Ordinance, Cincinnati, Ohia .
J
, - .
~ _
SjiQZ-ane .
Valley . `J
11707 E Sprague Ave Suite 106 ♦ Spokane Valley v/A 49206
509.921.1Q00 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum 'T'o: City Cauncil
From: Erik Lamb, Legal Intern; Cary Driskc;ll, Deputy City Attorney -
CC: Dave Mercicr, City Manager, vlike Connelly; City Attorney; Mikc
rackson, :DePuty City Manager
Datc: January 15, 2008
Re: Panha.ndling - public awareness campaign.
Attoraey -Client Communication _
This Vlemoraridum is submitted under the attorney-client privilcge existiug between the City
Attorney, City Nlanager anci City Council. 'Che privilege is held by the City Cnuncil and
anplies to communications and acivice by the attorney, which includes documents that :
contai.n a privilegcd couunuiucation. This Memorandum is such a communication and need ~
not be made available for public inspection. At the request of the City Council, our office has drafted the following memorandum in
relation to potcntial approaches the City may take toward panhandling. Specifically, the
Council requested morc information on the eff cacy of a public awareness campaign.
1. Effectiveness of Public Awareness Campaign Due to the many factors that influence the levcl of panhandling and the lack ot lon;-tenu
data on panhandling, it is difficult to accurately gauge tlie effectiveness of public awareness
campaigns. Additionally, most problems and the associatcd education campaigns deal witli
centralized panhandling in clowntown areas. Thus, data on city-wide carnpaigns is very-
limited. In Waslungton, staff could' find no City that had engaged in a]arge scalc public awareness campaign. IIowever, there were other business districts and non-Washington
cities with public awareness campaigns. Relow is a list of cities ~viEh dif_~erent typcs of
campaigns and discussion about their effectiveness.
• Spokane - Downtown Spoka.ne Partnership maintained a pragram ciowntown askinb
t'or donations in drop boxes loeatcd at various businesscs. However, this pragram was
moclified and has bccome the "Give R.eal Change, ivot Spare Cliange" probram. This is a
"prototypical" program in that it is based on broehures handcd out ui the dwmitown area in
an attempt to comUat downtown shoppers from giving money to panhandlers. This pragram
~
~ is combined with the Downtotivn Spokane Security.4mbassadors proo am, a service that_
~ provides non-police assistance to doAmtown customers for awide r.ange of problems,
including encounters witti aggressive panliandlers. Statistics have not been kept, though in
talking with Tadci Bahcock, FL C1Ty C,OULICIl 1SS1Stc1nt wJll7 is 'working nii the paciliandling
issue, it appears that Spokane is attemptina to adopt an ordinance similar to the recently
enactcd Tacoma pravision that prevents solicitation in certain arcas and in certaiu forms. See
R.CA datcd May 22, 2007 for an analysis of time, place and manncr restrictions. Spokane is
waiting to scE how the Tacoma statute works, and whether it will withstaud legal challenge
befozE adupting such a provision. .
• Seattle - Downtown Seattle Association and Metro Improvement laistrict (MID) in the
City of Seattle starteci a poster anci sign cauipaign in January oF2007. "fhe campaign, entitled
"IIave a heart; Give Smart," was directed at the downtown businesses; the public, and
' panhandlers to educate thecn on panhandling. 1fie prograiu i.nvolves use of posters and
handouts placcd in downtown businesses. "Give Smart" is supposed to encourage persons to
give to local social organizations rather than indi.viduals. As part of tl7c cainpaign, MID
• began keeping detailed records re;arding panhandling salicitations. Whilc statistics far the
fust quarter of 2007 showed a 3$% increasc ul panhandling solicitations from the previous
year., the number ste.adily dcclined and showed a 32% decluie for the month of September 2007 as to September 2006, and a total decline of 14% for the tlurd quartcr of 2007. The
police enforce an aggressive panhandliDg Provisiou for threatenuig begging that is almosl
identical to the City of Spokaiie Valley provision. .
• Yortland, Oregon = Portla.nd l3uSiness Alliance started a`fReal Change, iNot Spare
O Chaiige" program a little over a year ago. "1 his progrdm involved placing ten "change
meters" tluoughqut portland that also contain brochures and iuforniation regardin;
panhandling. it is conceutrated in areas with high foot traffic and perceiveci panhandling .
problems. Additionally, the program encourages people to give to the meters as the cnoney
receivcd is matched by the k'ordand Business A11iazice and distributed to local social
organizations. Statistics are sparse, , cspecially sincc the program involves a large area.
HUwever, the L3usiness Associatian does have plans to incre.ase Che munber of inelers and are
also looking at alternatives to i.ncr.ease the matching money in orcler to provide more social programs. A link to this progam is v~,~Nw.portlandalliance.com/downto«n services/realt
chanee.html • Nashville, Tenncssee - Again, started within the last year, the Downtown business
administration started a poster and brochure educational program. There is no hard evidence
about the effectiveness of the pragram; thougli at least some clowntown business owners feel
therc are fewer panhandlers dawntown. Nashville was going to adopt a ti.me, place, and
manner restriction provision, but afler large pressure from various social groups, has decided
to wait and sec how the education cainpaign works. '
• Evanston, Illiaois - Evanston has a comprehensive pragram wtucfi was speeiFically
developed as a reaction to a percEived panhandling problem in the downlown 'arca. The
progr-dm involves city pcrsonnel, police, EvMark, wluch is a down#ovvn marketing
associatinn, and die Evanston C;li~unber ot' Coiiunerce to educate downtown businesses,
customcrs, and local college stuclents about tlie negative e.f.-fects of giv.ing to panhandlers.
T1ie pragram utilizes downtoNvu posters and handnuts to protiiote douations to local social
service groups rather t:han to individual panhandlers. in his five year experiencc with the
program, Sergeant Dennis Preedle fcels that there "seems" to be a reduction of the number of
regular panlia.ndlers. Hawever, he is not sure that there has becn a major impact in thc , J
averall number of pailhanrllers. Sergeant Preedle feels that at least part of the reason for fhis,
however, is duc to the yearly crop of new incoming Northwestem Univcrsity students who
hav-e not been educated by the program.
• Cineinnati, Ohio - Whilc Cincin.nati does not havc a sigmfica.nt public education
program, they do have a licensing statute and social outreach pro ;rain tllat are nqtablc.
Though the statistics regarding the effectiveness of licensing are largely anecdotal, it is clear
that ttiere are typieally upwards of 100 re;istrations yearly. However, some of these are from
people registering as part af a protest group. Additionally, there are nonnally 100+ arrests
made for violating the panhandling law (though not all for lack of a license). However,
without hard data, the anecdotal evidencc suLT;ests that registration has only shifleci where
the panhandlers operate and has not significantly impacted the problem. Not surprisingly,
the social outreach program, which tivas funded by the Downlocvm Partnerslup at around the
cost of $50,000, has been the most cffective prograrn because the workers get panhandlers '
help for any addictions, help them find transitional housi.ng, education, and job opporYunities.
Thus, as one police officer nnteci, the outreach is really a"cure'° as opposed to a part-time
baud-aid tUat the law and arrests provide.
2. Legality of Licensing/Permitting Scheme for Panhandlers
Council has also asked about lhe legality of a licensing/permitting scheme fqr
panhandling. Staff has not found . any city in WashingtUn that has a panbaudling
licensing/permitting scheme. iIowever, maintaiuuig such a progran would be difficult
unless the scheme did not place an excessive financial burden an applicants, did not allow
unfettcred government discretion or delay in granting/denying permits, and allowed
expedited judicial review of denials of permits. Additionally, a.ny measures that ptuush
panhandlers for not baving a licensc catinot act as a Form of restriction or prohibition of the .
speech. Additional practical considerations are that such schemes may not effectively reduce
panhandling, could by c:ostly (through adnuuist-ralion of issuing peraiits and enforccment),
and may be diffcult to enforce.
In Washington, free - speech is afforded greater protection than under the U.S.
Constitution. Ino Ino, Inc. v. Ciry of 13ellevue, 132 Wash. 2d 103, 117 (1997). I'anliandling is
a form of protected speecli, and a.s such, receives strong protection. Ciry of Seattle v.
McConahy, $6 Wash. App. 557, 568 (1997). I'rior restraints, or restricting/prohibiting the
speech in advance of publicalion, are pcr se tuiconstitutional when imposed on prc>tested
. constitutional speeeh (c.>f -vvhich pariliandling/solicitation is a class). JJK, Irrc. v. City of
Seattle, 126 Wa.sh. 2d l, 6(1995); O'.Iaay v. King Counry, 109 Wash. 2d 796, 804 (1988).
Thiis, when looking at a licensi.ng schemc that ulvolves protected speech, the relevant
question is whether it constitutes "prior restraint". 1'rior restra.ints are "off cial restrictions
' unposed upon spcech or other f.'orms af expressiou in advance af actual publication...." J.IR,
' 126 Wasli. 2d at 6, quoting Seattle v. Biltner, 81 Wash. 2d 747, 756 (1973). Because the liccnsui; scheme cannot effectively ban the speech, the i~estrictions (sueh as requiruig the
permit, or oiily allowing liccnsed pa.nhaudlezs to operatc in certaui locations) must be based i
on valid cirne, place, and manner restrictions. See R.CA dated May 22, 2007 regarding
CJ requirements for valid time, place and manner restrictions. Additionally, purely subjective
criteria, such as considering eharacter, may only be considered in granting an application
where there is a rdtional ba.sis for doing sa V1ost likely there is no rational basis for
c;onsidering character when la4king at panhandlers. Additionally, the licensing scheme must
have provisions that specifically require liccnses to be cvnsiderecl - and thus granted or .
denied - without "iuldue delay" in a"reasonablc time". City af Littletun v. Z,J. Gifts, 541
_ U.S. 774; 781 (2004).
F'inally, the commercial exploitation of maierial protected by the 1'ust Amendment inay
properly be subject to a licensing fee. 1-Iowever, the fee must be a regulatory measure
reasonably related Co costs of aclmiivstratiou and enforcement of the statute, ancl must nat act
as a bar to allowi.ng the speech. See Ihurdock v. Pennsylvunia, 319 U.S. 105 (1943). As
lhose costs af regulatian must be prescribed in advancc, tliey must of necessity be based upon
. estimates which it is the rigtrt anci dury of the licensing autliorities to make. See Seattle v.
13urto, 31 1Wasli. 141 (1903). Becau.se of the nature ot' panhanciling, lic;ensing fees would
most likely have to be very small or even free ((Durham, North Carolina, and Cincinnati,
Ohio, have free license or charge S20 for licenses). Post license rcvocalion/suspension
ctsnnot act as a restriction on speech xnd if it is used as punishment or prohibits ttie activity
comPletcly then it will be prior restraiut.
Fi.nally, as noted above, staff could not fi.nd a Washington city with a liccnsing schEme fpr
panhandling. Several eities ui olhcr states (which have different la~vs and constitutional
~ Iiilutations) have enacted panhavdling licensing schemes. Durharu, Nbrth Carolina, has a
licensiug statute that restrit;ts solicifation in certain areas (due to safety eoncerns). See
Attaclunents to 1ZCA clated January 15, 2008. Under the Taurham code; people wanting to
solicit must get a license tLiat acts niore as an 1D thai-i an5rtlung else. It appears that
approximately 100+ people register eacla year, though that numbcr includcs any charitxble
grouP trying to solicit as well (wllich would include the Fire Department's "fill the boot"
camPaign). Taurham's code has not been challenged in court. Cincinnati, Ohio, has a similar
provision, tLlough their. codc Nvas reccntly challenged on constitutional grounds. A federal
district court found that the plai.ntiff's uught prevail at trial and thus summary judgmcnt was
nut appropriate. Henry v. City of Cincinnuti; 2005 W'L 119$$14 (S.D. Ohio 2005).
However, che parties have entered i.nto settlement negotiations and the court may not reach
the issue of' whether that law is constitutional.
While a licensulg sc:hcme is possible, chere are strict requirements. The scheme must not
prohibit the protected speecb, and restrictions must still ve based on reasonable time, place
and manner requirements. Additionally, it appears that it would be difficult to adininister
from a city standpoint.
1'lease let us know if you would like additional information. _ -
~ •
,i
CITY OF SPOKANE VALLEY -
Request for Council Action . _ ~
Wleeting Date: May 22, 2007 City Manager Sign-off;
Item: Check all that apply: ❑ consent C) old business X new business ❑ public hearing
❑ information admin. report ❑ pending legislation
AGENDA ITEM TITLE: Administrative Report - Panhandling regulation updates
GOVERNING LEGISLATION: Wash. Const. art. I, sec. 5; Wash. Const. art. IX, sec. 11; SVMC
8.25.020. PREVIOUS COUNCIL ACTION TAKEN: None.
BACKGROUND: Upon incorporation, the City considered possibilities for regulating
panhandling within the City. Staff determined that panhandling is a form of constitutionally
protected expression, and as such is granted strong protection from government "regulations.
However, Staff determined that the City could regulate aggressive and threatening panhandling
in order to protect its citizens, and accordingly the City adopted Spokane Valley Municipal Code
(SVMC) section 8.25.020, entitled "Aggressive Begging." This section prohibits begging that
threatens or intimidates pedestrians or motorists. .
Due to recent complaints by citizens about the proliferation of panhandlers, Staff has revisited
the issue to determine whether there are alternative means to regulate panhandling.
There are three options that likely meet constitutional requirements: .
1. Promote a public awareness campaign to encourage other means of charitable
contributions and discourage donating to individual panhandlers; or
2. Expand the definition of "aggressive begging" to include other behaviors such as
fraud, exploitation of children, or obstruction of traffic with intent to intimidate; or
3. Continue enforcement of SVMC 8.25.020.
1. The first option is not a control on panhandling, but rather a public awareness campaign to
encourage other means of charitable contributions and discourage donating to individual
panhandlers. This method would be the most effective in the long term because it seeks to
eliminate the problem at its source rather than simply make panhandling illegal. There are
several possibilities for disseminating information that could include large signs, pamphlets, and
other media responses, but all would contain the same message indicating how people might
help by donating to established charities rather than panhandlers. Additionally, this campaign
could be combined with various other methods for working with local businesses to promote the
use of vouchers and cont6bution collection areas. This type of campaign has been effective
when combined with increased patrols to enforce panhandling regulations. Additionally, this type
of campaign minimizes City liability because there would be no restriction of any protected
activity. A public awareness campaign would also alleviate some citizen concerns by informing
the public about the truth behind panhandling, as well as make sure that those who are truly needy receive the money.
2. The second option expands the definition of "aggressive begging". Expansions could include
obstructing pedestrian or vehicular movement, the use of fraud, or the exploitation of children.
Several cities have had obstruction provisions, but a recent court case indicated that unless the
obstruction occurred with the intent to intimidate, such a provision would not be enforceable.
Thus, the City could include obstruction with the intent to intimidate under "Aggressive Begging."
Cities have also included the use of fraudulent or misleading information and the exploitation of
children in their definitions of "aggressive begging.L However, all three of these possibilities
suffer from the same problem as the current aggressive begging provision in that they are very
difficult to enforce. Proving fraud, exploitation of children, and intent to intimidate is very difficult
and wrould not add much to the current provision.
3. The third option allows the City to continue enforcement of the aggressive begging statute.
Additionally, there are two options that would require a strong factual basis to provide a
significant government interest in order to meet constitutional muster. At this time, the City has
not done the necessary fact finding to support either option. These options are:
1. Adopt regulations restricting soliciting funds in designated areas and designated
times; or
2. Adopt regulations to prevent drivers from donating to panhandlers while driving.
1. Although panhandling is a protected expression, the City may still place reasonable time,
place, and manner restrictions on speech when there is a significant government interest at
O stake. The City may adopt a provision that restricts all solicitations in designated locations at
designated times. -However, this type of law must be narrowly tailored to meet a significant
government interest and must be content neutral. In order to be content neutral, the law must
restrict all solicitations regardless of their source (ie, both charitable organizations and
panhandling). The City must provide actual support demonstrating that traffic and pedestrian
safety and flaw is being adversely impacted by solicitations, and cannot rely on mere aesthetic '
impact. Depending on what the factual support shows, this law may-be narrowly drawn to only
prevent solicitations to occupants of vehicles or only in certain locations, such as specific
intersections or near bus zones. Because of this requirement, most cities have not attempted
such regulation. Staff found only one city in Washington that had passed such a law. Tacoma
recently passed an ordinance that prohibits persons from soliciting money from occupants in
vehicles (stopped or traveling) unless the vehicles are legally parked. Staff has contacted
Tacoma to determine the intricacies of the Tacoma law. While this law is much stronger than
the current "aggressive begging° provision, there are several drawbacks. First, because of the nature of panhandling, issuing citations will not have a major impact on preventing panhandling.
Additionally, putting panhandler's in jail may be expensive and will only provide a limited cure to
the problem. Finally, because of the nature of the complaints to the City that focus on the
aesthetics, research may show that there sirnply is not the significant interest in traffic and
pedestrian safety to allow such a law. 2. The fourth option does not c4ntrol panhandling, but regulates drivers from obstructing traffic
by donating from their cars. Staff could not find any other cities attempting this type of
regulation. The regulation would make it illegal to donate from a car that is traveling (whether
stopped at a light or othenrvise) on the right of way. HoWVever, because of the expressive nature
~ of panhandling recognized by the courts, presumptively the same logic would apply to the act of
donating. Thus, this regulation would have to be narrowly tailored and serve a significant
government interest. The City would need to demonstrate strong facts demonstrating actual
safety concerns for pedestrian and vehicular traffic, as well as demonstrable flow obstruction.
As an additional concern, this regulation intrudes upon the very citizens-who want panhandling
stopped.
OPTIONS: 1. Promote a public awareness campaign to encourage other means of
charitable contributions and discourage donating to individual
panhandlers; or .
2. Expand the definition of "aggressive begging" to include other
behaviors such as fraud, exploitation of children, or obstruction of traffic
with intent to intimidate; or
3. Continue enforcement of SVMC 8.25.020.
Conduct the necessary fact finding to determine whether solicitations from right-
of-ways have an actual effect on traffic and pedestrian safety and flow. After this
research, the City may:
1. Adopt regulations restricting soliciting funds in designated areas and
designated times; or
2. Adopt regulations to prevent drivers from donating to panhandlers
- while driving.
RECOMMENDED ACTION OR MOTION: Please advise Staff which option(s) Council desires
to pursue so that Staff may compile detailed information regarding those options. . BUDGETlFINANCIAL IMPACTS: Cannot be detennined at this time.
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Erik Lamb, Legal Intern
ATTACHMENTS:
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PlZ3LIC AWAREtiESS BROC'HI:RF.
SPOKANE, VVASIUNGTOti
! GIVE REAL CHANGE,
NOT SPARE CHANGE
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loth uaN ~oiilaq~ts6r enin► fiM, Is an a~m~~ rmhu Ilm ~n iedMBud
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Amlmtmkn W hshn/ Y 616 III ►on of tiluqf:c Rk di[ M1i *~~~.-il
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If you'd I(ke to offer a real life change to someone in need, there are many Downtown organizations
that accept donatlons. For more information, visit givesmartseattle.org
Metropolitan
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Foundad br powntowe Seattte AssociaEiun
PLBLIC AW ARE NL:SS BROCHIIIlE
SEATTLE, WASHLNGTON
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in need, thcrn are many Downtown arganizattons
~ that accept dona0ons. Contribute to any ot dte
arganizadan9 Usted fnslde this brochure. or for
more Information, vlsft f:. .
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Thern are a variety of services and resources throughout Downtown SeatUe for those who need assistance:
TIPS fOR RESPQNDING TG f'ANI►-1:1Nt)LEP.c, SHELYERS 1 DAYTIME SERVICE CENTERS HOT MEAlS _
• Politlly 57ty 'NO` Ot `SOrTy." CO1t^%'ctlOn% YWU Angrllnc's CrMer foi Brr.ml of t Ur MissMn NUNlonalr Chiti
5a5 3rd Avt. 206•515-1555 Nmmclns Wnmim 97 S. Main, -ja6-682•3574 =5i`, W"Irtr. r,ti•-
Krulk in 75m-7pm 7 dnys/week -1030 7rd Ave, :06-436-865o Qlnner SA„Rm dally 2o6•7z8•561 j
• Hetp homeless people vKho are working to get h"t ,liF; wumcn ony. ages i8 B atdec lnr.iJoll~fr,r ~ .•<<~ M•F Breaklast b:tIi -
ahead by purcfiasing a REA1 CHANGE newspaper. Shncer and servlre5 Wnch 12pm•::'1op -
For more infarmation. vtsit realchangenews.org. f°^JI9 md Adul: Servke Contri AAeais: 7 days/wk (tmlly Klithen mlIII!w I
2013 3ns Avc, aob•e,tii•fivoy Breakfast 7:30•8,30 a.m. 5t, tamea Calhednl
5am-11:30pm M-F lunch ot_3a12:3o 807 Terry. 20,6-12:-2447 ONon L'rn:v:
• Instead of giving spare change, ask a Downtown 7am-9:70pm Sat-Sun Soack 3.oo•3=3o M•F 4:30pm•5:00prn 111128 Wile Avc•. :m~ r.::
MIQ Ambasssdor dressetl In yellow and blue to Singk women and IamiUcs, tlicakfa~t Weds unty yam
refer the panhandler ta iood and other resources. YWU (Mwntnwn Shelfri wamerri wrunms crnt stngle mcn (iges ,t,, Lunch 12.3opm, Dtnncr i.niii
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iss8 Slh Ave, ?~-q6t•q88Z 1900 2nd Avr. io6•256-a1565 ',lr°li Ages 13-21
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• Aggresslve panhandting Illegal. IF you feel Womr.n and children onty. Ages te and older
threatenE~f1 [al) 1t. ficryr5 u to age 9 Ca1l to vr►iry haurs. Cemer ym;•hr.ur.
• 9 P 06 znd Avt. Ext. S Unkm Gosprl r.J°, .,!"I
Call for smrning appoinamenl. ~t,•6z)•7719 INorfs SheN~i
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• i~ youd Ilke to help peo~fe in need, donate to any Snack uam 3U3 2nd AVr Exl.
iqln yth Ave. zo6-37z-oiin
nf the organitalions Ilst in this pamphlet, or LLnch 12pm•zpm 1n6-622-45177
visit E;ivn5vrari5v;tit1r.org to Ir•.irn rnnrc. So+ onlY, valid IU reqtiireJ free Brrakfasl r 8: )oam tjni,v
, I -,,PVw S1 Lunch Noan
for those In emotlortal crfsls who nesd Immedlate asslsl:nce, pkase caU $2 Dfnner y-bpm nr 8•8:3tj
the aq-Hout Clisls Llne foll ttre at 866-4CRIS15 or fot releRS!!, did ri-s. Meals itee with chmpel a1tcn;l;,n..z
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PANHA(VDLING IS ~NOT THE ANSWER
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FACTS ABOUT REDIRECT
PANHANDLiNG YOUR GIVING
paommmm ho is .m now is aawia ft4am soiaomo~ ~
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DURH:AM, NORT':H CA:R()LU-4A
- - uxuINANCE #12890 ~ .
ORDiNAA'CE TO RF,GUT ATE SALIAS AND S8LICITAT(QNS IlV ROADWAYS
rhe Ciry Cowicil of the City of Durham ordains: Seclion 1. The following provisions are added to Chapter 17 of the City,Code:
Sec. 17-54. Interacting with or impedfttg tra, ffic ott roadtiti•ays.
(a) Except for the pem-iittcc of a perniit issued pursuant to Section 17-55(a) while acting .
pursuant to the pemut -
(i) No person in the street right-of-way shall stop or attcmpt to stop aaymotor
vehicle that is nn a ruaclway, for the purpose of (1) sal.i.citing employrnent, business, nr contribuiions from the clriver or
occupant vf any motor veWcle, or
(2) providing any serviee to any inotor vehicle.
(ii) No person in a street right-of-way shall dcliver, or offer. to deliver, any tangible .
thing to the driver, or any oecupant, of a motor vehicle that is on a roadway;
(iu) NA person in a street right-of-way shall, by means of a siCn or other devicc of
any kand, or by means of signals or motions, aftempt to alert the driver or any
occupant of a motnr vehicle that is on a roadway to anny comrnercial activity; aitd
'(iv) Except as directed by law enforcement personnel, no driver or occupant of a
motor vehicle that is an a roadway shall receive a.ny tangible thing froin a person on
a roadway. (b) 'I'his Section 17-54 does not apply to the exEent that ]av., cnforcement personnel direct
~ othenvise for the purpose of prnmoting safety of persons or property or to address an
einergency. This Section 17-54 does not apply to aciious taken in response to an
ernergency. '
(c) For purposes nf this Article III, "tangible thing" includes money.
Sec. 17-55. 19ediari pernrits. ,
(a) The City Mana.s~er ttiay issue median permits to individua3s aged 16 or more. The
apglication for a permit shall be complcte only if accompanied by a fee in an amount set
by City Coimcil resolution and by photographs of the applicant, in the numbEr and format "
specified by the City Manager so that the City's files and the pcrmit include a
photograph. The City Manager shall Drepare a list of Laws and recornmendations, '
- compliancc with wfiicu may, i.n addition to other appropriake actions, lessen the hazard of
acting pursuant to the nermit_ The City Manager shall nol issue the permit to an applicant .
withoul being reasanably satisfied that the appGcant ttnderstands that list. The pernlits shall not be transferable. A permit shall expire as stated on the permit; but no rnore than
12 months after its issuance. The permit may be revoked pursuant to section 17-106
(1'Zevocation of. T'ermit). ,
(b) Wvrk zoizes. Perrnits issued pursuant to fhis Sectian 17-55 are not va{id in work - zones. A=`work zone" is the arca between the first sig» that infornis motorists of che .
existence of awork zone, construction zane, maintenance zone, utility work zane, or
similar waming on a street and the last sign that informs motorists of the end of the zoae,
resazdless of whether a sign states the penalty for speeding in the zone. 'Work zones are
designaterl as such (i) if die Secretary o#'the N. C. Department of Transportation or the
Ordinnnce To Permit Sales And Solicicahons In Roadv%nys page 1
I
Citv iVianager determincs, afler engineering review, that the posting is necessary to
ensure the safety of the tra.leling public due to a hazardous concrliliun; or (2) i.f the posting
is done at d1e direction of or Nvitb the consent of a govemmental body or of5cial having
jurisdiction, The direction or consent may be given by aiiy appropriate manner, including
incorporation into specifications of a contract. There shall be a rebuttable presumption '
' that any posiing of a work zone has been done with the consenl of a governmcntal bndy
or official having jurisdiclion. ,
Sec. 17-56. ftequirenient.s for permittees.
(a) The permittee, while acting pursuant to the permit, shatl not: (1) offer to se[1 ar sell any gaods be.sides T'irst Amendment Protected goods. First
:4znendn.ient Protected goods include newspapcrs and magazines.
(2) stand, sit, or walk on a roadway ur rnetlian. Neveriheless, the permitter: may
stand, sit, or wiilk on a"median strip." For purposes ofthis Article LiT, a"median
strip" is the pnrtion of the street right-of-way that
(i) separates traffic lanes, and (ii) is plantcd with grass andlor is raised (with the approval of the Ciiy or the N.
C. D. O. T.) above the level of the roadway andlor is separated from thc roadway
by a curb.
(3) deliver ar receive any tangible thing to or from any occupant of 3ny motor
vehicle ui a lane that is not contiguous with the median strip or the curb. '
(4) deliver or receive any tangible thing to or from any occupant, other ihan the
, drivcr or a person on the driver's sidc, of a motar vehicle that is on a madway.
(5) be in the street right-of-way between 20 minutes before sunset anc120 minutes
after sunrise. For purposes of ihis sectioii, there is a rebuttable presumptioil that the .
United Sta.tes Naval Observatory's limes, a.s provided by the Astronomical
Applications Depariment or iis successor division or depa.rtment within the Naval
Observaiory, for sunset and sunrise are correcl. (6) fail to continuously display the perrnit in the manner presaribed by the City
Manager, who shall set standards to make the permit visible to oncoming drivers. •
(7) fail to wear reflective outertive.ar that complies with the specifications issued by
the City Manager to make the vendor visible but not distracting to drivers. Until the
City Manager issues other specific:atinns, a garment meeti.ng the Class LiI standards
under ANSI 107-1999 shall be~the minimum reflective outerwear requircd for this
subsection. (S) display a sign iarger than hwo feet in any dimension.
(9) ctisplay a sign or other device in the street riglit ofway that is ir► violation of .
Chapter 12 of the Zoning Ordinance. -
f
Ordiiiancc To Permit Sales And Solicitaiions In Roadwa}+s pagc 2 .
(10) stop or attempt to stop a motor vehicle that is approacliing a traffic signal unless
the traffic signal requires the vebicle to come to a complete stop. 'For example, the
permittee does no± violate ihis subsection (10) if the vehicle that the penniilee stops
-or attcmpts to stop is approaching a stop sign or a steady, flashing, or strobe beam
liUht emitting red liaht, and the permittee is in violating of fhis subsection if the
vehicle that the permiitee staps or attempts to stop is approaching a yield sigr►, or a
steady, flashing, or strobe t>eam light emiilirtg yellow or green light.
(11) interfere with the quiak and safc passage across the roadway of pedestrians or of
persans in or nn wbeelchairs or other devices designed or intencled to assist the
mobility-itnpaired. (12) imPede the nnnlial movement uf pctiestrians or of persons in or on wheelchairs
or other devices designecl or intended to assist the mobility-impairecf. •
(13) violate any litter or traffic safety Laws, including N.C.C.S. 20-174.1 and
N.C.G.S. 20-175; nr
(14) fail to remove all goads for sale, and ali structures, devices, ttungs, and
materials uf any kind usetl to transport, protect, display, advertise, or sell any goods,
from the street right of way when the nernutfee is more than 50 feet away from any
. such iaem.
~ (b) Access to roadwuy. On condition that the pemiittee is other%ltTise in compliartce with
applic3ble provisions of this Article lII
(i) the permittee may stand, sif, or walk on a roaciway ar metiian as ne,cessary to
travel to or from a rnotor vehicle whose driver has signaled the permittee lo
approach,.3nd
(ii) the petmittee may remain in the roadway durina the time that is necessary for the
pernuttee to engage in the transaction with an occupant of a mator vehicle.
(c) Litier. Any goods, structures, devices, things, and materials not removed in
accordance wich Sectinn 17-56(a)(14) shall be considered litier pursuanl to Section 14-
108.1 of the City Coc1e. Nothing in this Scetion l 7-56 is intendeei to lirnit the effect of
City Code Chaptcr 10 (Garbage, Other Snlid Wasce). '
Scction 17-57. Excepaions for pa4blic service acrivities. Section 17-54 does not apply tn
(1) licensees, tessees, &anclvsees, peniiitEees, employees, or conlractors of the City or of
the N. C. Department of Traiisportation engaged in inspectiori, construetion, repair, or
maintenance or in making lraffic or engineering surveys, or (2) any oFthc foilowiug
persons while engaged in the perf'ormance af Eheir respective occupations: 6refighting
personnel, law enfarcement personnel, EMS persannel, health carc woikers or providers,
military personnel, civii preparedness personnel, emergency management p=onnel,
solid waste perscinnel, recycling personnel, public works per$onnei, or pubiic uti%VQ~Wr:D BY
employees. MY (;QUN C I L
Section Z. This ordinance shall be ef.feclive at 12:01. A.M. on January l, 2004.
17 2003
. .
Ordinance To F'ernric Sales And Solicitations [n Roaciway5 page 3 '
~
C rTv CLE-RK
- LICFNSL APPLICATIQN . •
nuRHAM, NORTH CAROLINA
.
,
;
. City of Aurham
Bsasiness License Unit
' 101 City Mal I PIx7a, Durham, T'C 27701
(919) 560-4700 •
busincssl icetise@ci.durham.naus
Sales And Solicitation Median Permit Application
E'ermit Cast: S20.00 DaceofApplication: O'NewApplication O Renmval PermitNumber; -
Note: This applicAtion is for only Fust Amenclment eelated oe.tiviars, such as soliciting eharitablc aontribudoas, or seliing'distributing
ncwspaper and magazincs. ,
Applicant Information •
Full Name:
Physical Address: (Do not use a PO Sox \°umbrr)
Mailing Address:
Telcphone Number: Cellular Number:
State your Sales ertd Solicitation Median setivity: %
`4ust present a Valid Identific;ation at time of application: [Source of Identification: Expiration Date:
13irth daie: (Ivtondi, ]7ay, & Year) .
F.'lease read the followinb statements and sign thc appropriate space below:
: 1 affirrn, undcr penalties prescribed by law, that [ have examincd this application and statement; and that to the best
of my knowleclgc and belief, it is true, eomplete, ajid made in good faith fior ihe permit period stated punuaru to the
City of 17urham Sales and Solicitation Median Permit (7rclinsnce. have read, understand, signed, and, agree to abide by the 5xles and Solicitation \qedizn Permit Gaws and •
Recommendations (Atiachment A).
~ I shall be responsible for notifying the City of Durham of any changes in the information provided.
> I understand that my permit will expire one year from date of issue. lt will be my responsible to contlcting thc City
of pufiam's Business License Unit to renew my pertnit by the cxpiration date.
Applieant's Signature:
-sn inaa4
City of Durham
101 Ciry Ha,9 Plaza, Durham, NC 27701
(919) 560-4706
bLtsinesslicense(@,ci.durham.nc.us
Sales and Solicitation Median Permit Laws and Retommendatfons - Ariachment A
t. Fermittee must cicskj neermit vdth photograph in plain vcev ai all times whils acting under autharity of the permiL You mvsi ioQrnv 2ny future'
I insinlciions foram 4he City an wearing the permiL •
2. Permiitee must 4e 16 years oS age or older. 3. Perimis are vafid for up to oore year.
4. Permits are noa valid in oonstructeon tivork zones'.
5. Permittee may only oonduet Rrst Amendment refated acfiHties, such W:
• Soliciiing chartable ooniribartans
• SelLng or distributing amvspapers and magaz+nes.
6. The sel5ng o! goods aiher ihan fus4 Amertdment protec;eo items is prohiWed.
7. PermiEtee must rsot stand, sii, or, wal?c an a raadkaay (other Ehan an a grass or (aised median strip) except as necessary to travel tD or from a motor -
vehicle whose dmrer has s(gnaled the permiilee to approach. 7he'roadvrayP is the pavem2nt vihere motow vehxles are a9lrnsed lo drrtre.
8. Pemtittee rrarR nat deliver or receive any tangible ihing to or trom 2ny eccupanf of arry motor vefiicle in a 1an21hat is not con;iguous wiih the median
strip. 7he only motflr vehictes you can go 14 011 be in the lane Ehafi is neaci to the median. For instance, 'rf thcre are hvo noQihhound tanes, yeu can go to
the lane nex9 tn the median, but you cannot go to the otfier northbound l2ne_
9. Permittee inust not deliver or recsive any tangible Ehing to cu from any occupant, ather ihan the drfver oc a person on the drivers s6da, of e motor
vehicle thai b on a raadway. _
10. Permittee mtlst nafi be in the street right-0f-way beteveen 20 minutss before sunset and 20 minu4es arter sunrise.
~ 11, Permittee musi wear refleciive ou;ervrear lhat complies wiih the specincations isc-ued by the City hAanager. Untl the City A+.enager issues other
spe+cifications, a garmer~t meetirig the CLqss III sianda,-ds under ANSI 107-1n99 shall be the minimum retlectve outenvear reguired V this subsection.
12. Permittee may nold'sp1ay a sign larger than r,ro feet in any dimension_
13. Pertnit€ee may not dfsplay a ssgn ar o€her dflvice in the sircet right-0f- vray thai is in viofalion af the Gity's sign ordinance (Chaptee 12 of the Zonirig
Ordinance.) _
14. Permittee may rtat stop or attempt tfl siap a motor vshicle that is approaching a traffic sigrial unless tho traffc sgnal requiras the vehicie to come to a
campiete stap,
15. Pertnitfee may not interfere with the quick and safe passags aaoss the roadway of pedesUfans or persars in ar on whaelchairs or other deVms
designed or tntendad,a assisi the mobitity-impaired. 16_ Pemrittee m3y not Impede the riormal mavernent of pedestrians a at parsons in ar on tivheelcha(rs or oiher devicas dasigned or intendeA to assist the mobilily-impa'ued.
17. Permittee may nai vicAate any 6tter or tra,'~'i~ safety Laws, InGuding N.C.G.S. 20-174. i and M.C.G.S. 20-175; or f:il Fo remcve a:l goods for sale, and a11
structures, devices, things, and materials or any kind used ;o Uansport, protec€, display, advertise, or sell any goods, from the street r'aght of wey whan
the perguttee is more than 50 f2et anvay ira,n any such iiem. Dan't impede the regular 8au of iraffic.
18. The ebove Ilst is a summary oll some parts of the Citys Ovdinanoe io Reg ulzte Sales and Solicitatioris I n Roaftays. This list is not comple#e, and yoa
must So"mv all of the lav+s of this ordinence, even thase parts ths; are not listed above.
Recartunendations:
: Permitlee should oonsider visiMity and road condiliaris whfle ccmducting permitted activiiies. During touf weaiher ii is strongly reaommended ihat
ermitie- cease acfivities In the roadw . '
> Permittee- should recognize thaE operaUng within a roadway is potentially hazardous tD ihe parriNee antl ta the mo+aing pub5c. ExUeme caution
shauld be exerased at a7 times.
> Permitt2e is enoouraged to wnsider IiabtTily insurance ta protect self and Eo indernnify others who may become inuoNed in accidenis arising out of
!he rmitleo activi+Jes in the roaa'rray.
Applicant's Signa.'ure: Prini PJame: Da'e o( Signature:
( I
•
5/II12004eo -
Chapter 910 PCTBLIC OR.DER Al I cODt. Page 3 af 9
State law references: See ORC 2917.11.
.
- Sec. 910-10. Excessive Sound From a Motor Vehicle. -
(A) . No person, firm or corporation being the owner or person in possession of a motor vehicle
uvith any radio, phonograph, television, tape player, loud speaker or any other instrument,
-
machine or device shall cause or permit any noise to emanate from the motor vehicle in suc a
manneT and to be of such intensity and duration to create unreasonable. noise or loud sound
. which causes inconvenience and annoyancs to persons of ordinary sensibilities.
(B) It shall be prima facie unlawful for a person, firm, or corporation being the owner or person
in possession of a motor vehicle with a device described above to cause or permit any noise
emanating from a motor vehicle which is plainly audible at a distance of 50 feet ftom the motor .
vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(C) This seGtion shall not apply to any of the following circumstances:
. (1) The sound amplifying equipment of the motor vehicle is being operated to request
medical or vehicular assistance or to warn others of a hazardous road, vehicle, or traffic
safety condition;
(2) The motor vehicle is an emergency vehicle or public safety vehicle and is on an
emergency run;
(3) The motor vehicle is owned and operated by the state or a political subdivision, or a
public utility;
(4) The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or (5) The sound amplifying equipment of the motor vehicle is being operated as a'
. requirement of federal, state or local law.
(D) Whoever violates this section is guilty of generating excessive sound from a motor vehicle,
a minor misdemeanor.
(Ordained by Ord. No. 138-1996, eff. June 7, 1996)
Cross references: Noisy mufflers, § 511-16.
Sec. 910-11. Reserved.
(Ordained by Ord. No. 93-1993, eff. 4-16-93; rpld. Ord. No. 0068-2007, § 1, eff. March 22, 2007)
Sec. 910-12._~~nprop~r Solicitation.
(a) Definitions. For purposes of this section, the following terms shall be defined as set forth
below:
(1) "SoliciY' and "Solicitation" mean to make any request in person uvhile in a public '
place, for an immediate grant of money, goods or any other form of gratuity from another
person(s), or to engage in such activity on private property.
' However, the terms "solicit" and "solicitation" shall not mean the act of passively %l standing or sitting with a sign or other indicator that a donation of money, goods or any~ ~
other form of gratuity is being sought without any vocal request other than a response to
1412312007
Chapter 9 10 PUBLIC ORDER . PaQe 4 0f 9
an inquiry by another person.
~ (2) "Public place" means a publicly owned building and premises appunenant thereto,
any public park, sidewalk or other right of way open to the general public and includes
alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and streets.
(b) It is unlawful for any person to solicit in the following places:
(1) In any public transportation vehicle or at any bus stop;
~ (2) Within 20 feet in any direction from an automatic teller machine or entrance to a
bank;
(3) From any operator or occupant of a motor vehicle or from any person entering or.
exiting a motor vehicle;
(4) Within 20 feet of any crosswalk;
(5) From a person standing in line waiting to be admitted to a commercial - establishment; or .
(6) On private property wifhout permission from the owner.
(c) It is unlawful for any person to solicit after sunset or before sunrise. The times of sunset
and of sunrise shall be as published by the United States Naval Observatory.
(d) It is .unlawful for any person to solicit in an aggressive manner, including any of the
following actions:
(1) Soliciting in a manner that impedes access to or from, or use of a building, vehicle
or establishment;
~ (2) Soliciting in a manner that would alarm, intimidate, threaten, menace, harass, or
coerce a reasonable person;
- (3) By following behind, ahead or alongside, blocking the path of, or continuing to solicit
, a person who walks or drives away from the person soliciting or who gives notice or
demonstrates verbally or physically that such solicitation is offensive, unwelcome or that
the solicitation should cease;
, (4) By using profane or abusive language or gestures either during the solicitation or
following a refusal, or making any statement, gesture or other com-munication that
would cause a reasonable person to be fearful or would be perceived as a threat; or .
(5) By touching the solicited person without a statement, gesture or other
communication that the person being solicited consents to the touching.
(e) It is unlawful for any person to knowingly make a false or misleading representation in the
course of soliciting a donation. False or misleading representations include, but are not limited
to the following:
(1) Stating that the donation is needed to meet a specific need, vvhen the person
soliciting already has sufficient funds to meet that need and does not disclose that fact;
(2) Stating that the donation is needed to meet a need that does not exist;
(3) Stating that the person soliciting is from out of tawn and stranded, or that he or she
is homeless when that is not true;
- (4)• Stating or representing that the person soliciting is a member of a military service
- when the person soliciting is neither a present nor a former member of a military service;
(5) Stating or representing that the person soliciting suffers from a mental or physical
disability or deformity when the person soliciting does not suffer the disability or
deformity indicated; or x~.~...~l~:i....,....n .~,,........a,.......,.1.,.,..,.m....17:...../1l1t1(1L11!'1A7 ~nr~~r~nn~ •
Chapter 910 PUBLIC OItUh:R ' Page 5 of 9(f) It is unlawful for any person to solicit without possession of a valid registration issued by the
police department. Any person who has been registered shall keep a copy of the registration on
his or her person at all times while engaging in acts of solicitation and shall show it to any police
officer upon request. No person whose registration has been revoked shall engage in acts of .
solicitation within the City of Cincinnati for a period of eighteen (18) months following the revocation. •
The Police Chief or his designee shall issue .the registration, without fee, to any eligible person
who presents himself or herself at the registration location to be designated and operated by the health department, states his or her true name, presents a photo identifcation or signs a
declaration under penalty of perjury that he or she has no such identification, and permits
himself or herself to be photographed. The regular registration shall expire one (1) year from the •
date of issuance.
Upon receipt of an application for registration that is in accordance with this section, the Police
Department shall issue a temporary registration valid for ten (10) days and shall determine
eligibility for a regular registration before the temporary registration expires. An eligible applicant
shall receive a regular registration upon determination of the applicanYs eligibility. If such
determination is not made within the ten-day period, the temporary registration shall remain in
effect until such time that the determination is made.
The regular registration shall be sent by U.S. mail to the address as provideti by the applicant,
or pursuant to procedures as established by the Police Department. Along with the regular
registration, the police department shall provide the applicant with a copy of this section.
No person shall make a false or misleading representation while applying for registration under
this section.
First time offenders of the registration requirement will be issued a warning citation by the
issuing officer, which will be recorded at the Police Department, but such first-time offenders will
not be charged, with a violation of this section. Subsequent violations of the regis#ration requirement will result in a charge of violation of this section.
(g) A person is ineligible to register if, and only if, within the past eighteen (18) months, he or she, has (1) been previously convicted of a violation of Section 910-12 of the Cincinnati
Niunicipal Code; or (2) has had a registration revoked pursuant to section (h) of this ordinance;
or (3) has been convicted of an offense under the laws -of any jurisdiction which involve
aggressive or intimidating behavior while engaging in solicitation or false or misleading
representations while engaging in solicitation.
(h) The Police Chief or his designee shall revoke any registration issued under this section to a
person who has been convicted of a violation of Section 910-12 of the Cincinnati Municipal
Cade within the past eighteen (18) montfis. Upon any arrest for any violation of this section, the
arrested person shall release to the arresting offcer any registration issued under this section to
' the arrested person. The arrested person may apply at the registration Iocation designated and
operated by the health departmentfor consecutive thirty-day tempora .ry registrations pending ,
adjudication of the arrest case. Such temporary registrations shall be issued to the arrested
- person during pendency of the anest case under this section.
(i) ; Any applicant shall have the right to appeal the denial or revocation of registration by
immediately requesting review by the Office of Administrative Hearings of the City of Cincinnati. .
The appeal to the Office of Administrative Hearings shall be taken by the applicant or
registration holder within ten (10) days after issuance of the notice of denial or revocation by _
filing written notice of appeal with the Police Chief at the 310 Euard Charles Drive, Cincinnati,
. Ohio 45202, which shall be immediately provided to the Office of Administrative Hearings. The
Office of Administrative Hearings shall consider the appeal and issue a decision within fifteen
(15) days vf the filing of the written notice of appeal. The Office of Administrative Hearings shall
direct that the denial or revocation be rescinded if the applicant has met all of the qualifying
htt„•/liihrari,d rriinirnfir.+ rnm/m`-r/T1nrZ7ioir/1 OQOr.II !7A'2 1 nM~r~nn~
Chapter 910 PUBLIC OR.DE1t Page 6 of 9
criteria set forth in this section. The applicant or registration holder may appeal the decision of
the Office of Administrative Hearings to the Court of Common Pleasof Hamilton County
~ pursuant to Chapter 2505 of the Ohio Revised Code.
(j) Each section and each part of each section of this ordinance is hereby declared to be an
independent section and part of a section and, notwithstanding any other evidence of legislative
intent, that if any section or part of a section, or any provision thereof, or the application thereof
' to any person or circumstances, is held to be invalid, the remaining sections or parts of sections
and the application of such provision to any other person or circumstances, other than those to
. whom it is held invalid, shall be affected thereby, and it is hereby declared to be the legislative .
intent that the provisions of this ordinance would have been adopted independently of such
section, sections or parts of a section so held invalid.
. (1c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 156-1995, eff. June 2, 1995; a. Ord. No. 368-1995, eff. Nov. 8, 1995; a. Ord. No. 140-1999, eff.
May 21, 1999; a. Ord. No. 68-2002, eff. April 5, 2002; a. Ord. No. 158-2003, § 2, eff. June 20, 2003;
Emer. Ord. No. 140-2006, § 1, eff. May* 10, 2006; Emer. Ord. No. 0028-2007, § 1, eff. Jan. 18, 2007) •
Sec. 910-13. Interference With Pedestrian or Vehicular Traffic.
No person shall recklessly interfere with pedestrian or vehicular traffic in a public place,
"Intertere with pedestrian or vehicular traffic" as used in this section means to walk, stand, sit,
lie, or grab, touch or approach another person, in a public place so as to block, interfere with, or impede
the passage of any person or any vehicle, or to cause any person or any driver of any vehicle to alter
his or her intended direction of travel.
O "Public place" as used in this section includes street, sidewalks, parks, plazas, parking lots,
driveways, public or private buildings open to the public, and doorways and entrances to buildings or
dwellings. '
Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ordained by Ord. No. 230-1992, eff. May 20, 1992; a. Ord. No. 68-2002, eff. April 5, 2002)
Sec. 910-15. Damaging City Property on Fountain Square.
No person shall cause, or create a substantial risk of physical harm to any property of the City of .
Cincinnati located on Fountain Square: .
(a) Knowingly, or by any means; .
(b) Recklessly by means of flood, poison gas, poison, radioactive material, caustic or
corrosive material, or other inherently dangerous agency or substance.
No person shall throw, deposit or place or cause to be thrown, deposited or placed any object or
substance into or upon the Tyler Davidson Fountain, or enter the pools at the base or climb upon the
Tyler Davidson Fountain or any part thereof.
As used in this section, Fountain Square shall include the entire area located at the northeast
corner of Fifth and Vine Streets, bounded on the west side by the east curb of Vine Street, bounded on
the south side by the north curb line of Fifth Street, bounded on the east side of the west curb line of
Walnut Street and the building known as DuBois Tower and bounded on the north side by the building
~ known as the Fifth Third Bank Building, but excluding therefrom the overhead walkway and the
underground parking garage, its exits and entrances.
Whoever violates this section is guilty of damaging city property upon Fountain Square, a
J_ __"'1'""_!fti__1 /i fnA~ .nN.nir.n.+..
CITY OF SPOKANE VALLEY ~ Request for Council Action
Meeting Date: January 15, 2008 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: Dangerous Dog and Potentially Dangerous Dog Appeal procedures
GOVERNING LEGISLATION: SVMC 7.30.035 and.040
PREVIOUS COUNCIL ACTION TAKEN: Adoption of Ordinance 07-003 in early 2007 created
city-specific appeal procedures separate from those adopted by Spokane County. BACKGROUND: In January, 2007, the Council adopted new procedures for appeals of
administrative determinations relating to dangerous dogs and potentially dangerous dogs. This
became necessary after the County Commissioners advised the City that they would no longer
hear such appeals for the City. The City operated under these procedures over the past year. In early December, 2007, a.
~ Spokane County Superior Court judge issued a ruling on a City of Spokane dangerous dog case
that caused us and Spokane County to look at our code provisions relating to such appeals. In
essence, the Court ruled that the City of Spokane's code did not provide sufficient due process
because it was not clear what rights an appellant had to review the evidence prior to the
hearing, and it was not clear that the City has the burden of proof. to establish that the
administrative determination was correct.
In reviewing our provisions, there may be room to challenge on the same basis. As such, we
advise amending our appeal provisions to clear up these ambiguities.
I have reviewed these proposed changes with Dan Catt, the County Deputy Prosecuting
Attorney responsible for animal control issues, as well as Nancy Hill and Hearing Examiner Mike
Dempsey. They all concur that these proposed amendments appear to address any concerns
raised by the recgnt court decision. , .
OPTIONS: Do nothing; place on meeting schedule for a first reading; suggest changes to draft.
RECOMMENDED ACTION OR MOTION: Request if there is consensus to put these draft
, changes into ordinance form and put on a future meeting for first reading.
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney
ATTACHMENTS: Recommended code changes.
~ 7.30.035 Declaration of dangerous dog dcterminaNoa - Appeals relating
thereto.
A. When the animal c4ntrol director or designee has sufficient infarmation to
determine that a dog is dajigerous as defuled by'Spokanc County Code Section 5.04.020,
the acumal control directpr or.designee shall make a preliminary declaratinn that the dog
is dangerous. .
ln the event a preliminary detennination is made that the dag is dangerous; animal
control shall notify the dog owner or keeper in wriiing, either by pea•soual delivcry, or by
regular mail ancl cerlified mail, return receipt requestecl.
Any nptice ar deteinunation mailed pursuant to this sectinn shall be decmed received
by the party to -vhich it is addressecl on the third day after it is placcd in the mail, as set
forth by declaration of the scnder.
S. The notice must state:
1. The statutory ba5is for the proposed action;
2. A description aF the dog for wluch the declaration is sought (breed, color, sex
and license riumbcr; if any);
3. Ihe rEasons the animal control director or designee considers the animal
dangerous;
4. If the dog has been determined to be dangerous, then the controls stated in
SVMC 730.045 shall apply; and 5. An esplanation of the o~vner's or keeper's rights and the proper procediire for
~ appealing a dEClaration ihat a dog is dangerous, incluciing an appeal form.
C. Administrative Review After Preliminary Administrativc llcterminatinn.
1. Preluiunary l7ctermination of Dangerous l7og. Prior to the animal control
director or de_signcc issuing a tinal deteriiuuation that a dog is dangerous; the animal
control director or designee shall notify d-le owner or keeper in vvriting that he or she is
entitled to an opporhinity to meet with the aiumal control director or designee, at which
administrative review. mecting the ovvner or keeper may give, orally or in writing, any
reasons or information as to why the dog should not bc dcclared dangerous. 1"hc notice
. shall slate the date, timc, and location of the administrative review meetuig, which shall
occur prior to the expiratian of 15 calendar days Pollovving receipt of the notice. The
o,,vner or keeper may propose an alternative meeting date and time, but such
adinuustrative rcview meetang shall occtir within the 15-day tune pcriod set forth ui this
section, aiid shall be on a date and time acceptable to the miimal conlrol director or
designee.
2. After such administrative revicw meeting, the aninial control director or
designee shall issue a final cietermination, *ui the form of a written order, within 15
calendar days of the administrative review meeting. In the eveiit the animal control
d'umctor or designee declares a dog to bc dangerous, the order shall include a recital of the
authority for the action, a brief coiicise staternent of the facts that support the
detenninatiou; xnd the signature of the person who made the deteiniination.
3. An order declaring a dog is dangerous shall be dclivereci to the dog owner or '
keeper in writing either by personal delivery, or by regular mail and certified mail, retum
receipt requested.
D. A.ny dog thal is cieclarcd dangerous by the animal control ciirector or designee, : whether preliminary or final, shall be immcdiately impouuded until the owner or keeper
registers the dog as daliaerous in accordance with SVMC 730.045. The ovvner or keeper will have 15 days from the date the dog was declared dangeroiis to register the dog or
appeal the determination pursuant to subsection F of this section. If the owner or keeper
fails to register the dog or appeal the determination, the dog Nvill be euthani7~d at the
. direction of tlle animal control di.rector or designcc. If tie ovvner or keepez appeals the
dangerous dog dcclaration, as set forth in subsection F of this section, the dng will be
held pending the outconie of the appeal at the shelter at the owner's expense at a rate
established by the animal control authority.
E. The o,Aqier or keeper of a dog subject to a declaration that their ciog is ciangerous may
appcal'. the final written determination to the hearing examiner within 15 ciays after
issuance of the decision by filing a notice of appeal with the animal control authority. The
hearing shall. be.lleld within 20 days aftcr receipt of the notice of appeal, •unless it is
continued',for-good cause shown-°The an~imal control director or designee shall notify the ~
own&orleeper in writing nf the date, timc and location of tlle appeal hearing before the
hcaring exaniiner, and said notice shall be reccivcd at least five days before the hearing.
"I'he appcal hearing shall be reeordeci. 1"lie parcies may submit relevant Lestimony and
documents. and exainine the other narty's witnesses at the kicaring. The records of the
aniinal contr.ol clireetor shall be admissible to arove that the dop
, is dan erous: provided, ;
at1,d-4iC'l4 . S#~E3R(?t2y-@ac •1„ o.,+.. .1.,,. afe „1, t„ tt,,.
~Feus-the owner or keeper oF the ciog, 'may rcquire, by at least two days xvritten notice, that the officer compiliug the record be .-prescnt at the hearing. The owmer or keeper ot'the doQ shall have the rieht to inspecc and
obtain coqies of the records Pi•ior to the hearinp. The burden shall be on animal control
director to est.3blish by a preponderdnce of the evidcnce that the dog is a danperous dog.
F. The hearuig exanuner shall issue a written decision, and mail a coPy of the decision
to the dog oNvrier or Iceeper, and to the animal control director or designee, within 15 days
of the appeal llearing. The hearing cxaminer's decision shall accept, reject or moclify the
admin.istrative delermination that a dog is dangerous, and shall include findings of fact
and conclusions of law that support the decision. The hearing e,caminer may modify the determination that a dog is dangerous to a detennination lhat the dog is potcntially
dangerous, if the facts warrant, and impose any of the requirements set forth in SVMC
7.30.040(D). The dccision shall be given the effect of a final decision by the city council,
and shall state that the decision may be appealed to superior court pursuant to Cliapter
7.16 RC`'V Aritlun ZO clays from the date the decision was received. I#' the dccision
upholcis the administrative detennination tliat a dog is dangcrous, and the do ; oARier or
keeper fails to timely register the dog or appeal the decision to superior court, the dog
will be euthanized at the clirection oF the animal control director or designee. If the dog
owncr or keeper timely appeals the dangerous dog declaration, the dog will be held
pending the outcomc of the appeal at the shelter at the owner's expense, at a rale
established by the animal control authority.
I
7.30.040 lleclaration of potentially dangerous dog determination - Appeals
relatin; thereto. .
A. GVhcn thc animal control director or designee has sufficient information to
detcrmine that a ciog is potentially dangerous as clefined by Spokanc County Code
Section 5.04.020, the animal conU'ol director or designee shall make a preliminary
declaration that the dog is pUtentially dangerous.
In the event a prcliminary deter2uination is made that the dng is potentially dangernus,
animal control shall noti.f.~y the dog owner or keeper in writing, eithcr by personal
dclivcry, or by regular mail..
tlny notice or delermination uiailed pursuant to this section shall be cieemed received
by the party to which it is addressed on the tlurd day after it is placed in the mail; as set
fiorth by declaration of the sender. -
B. The n.otice must state: .
1. The statutory basis for the proposed action;
~ 2. A description of the clag for wluch the declaration is sought (brccd; color, sex
and license number, if any);
3. The reasons the animal control director or de5ianee considers the anunal
potentiaLly dangerous;
4. A statement lhat the registration and controls set forth in subsection D of this
section may apply;
5. An explanation of the pwmer.'s or keeper's opportunity ancl right, pursuant to
subsectiqn (C)(1) of tlus scction, lo participate in an adminiskrative review with tlle
animal control director or designee to present iiiformation on why the dog should not be
declared potentially daiigerous;
6. A statEment, pursuant to subscction (C)(2) of this section; tllat a failurc by the
dag owner er keeper to request and attend an administrative review with the animal
control director or designee shall constitute a failure to exliaust all achnin.istrative'
remeciies, and that such faillLre ta exliaust all administralive relnedies shall preclude any
appeal of ehe administrative determinatiou to the hearing examiner or to coitrt; and
7. An explanation of the ow-ner's or keeper's rights and the proper procedure for
appealing a declaration that a dog is potentially dangerous, includiitg an appeal forni.
C. Administraiive Rcview AFEer Preliminary nclministrative DcterminaCinn. '
1. Preliminary 17Eterminatien of Potentially Dangerous Uog. Prior to the animal
conn•ol director or designee issuing a final deterinuiation that a• dog is potentially
dangerous, the animal. control director or designee shall notify the owner or keeper in writing that he or she may request in writing to meet with thc animal control directnr or
designee for an administi•ative revicw meeting witlun 15 calendar days following receipt
of the notice, at which administrative review meeting the owner or keeper may give,
orally ar in writing, any reasons Qr information as to why the dng shoulcl not hc declared '
potentially clangcrous. Once an administrativc revicw meeting is requested in writing by - the oNviier or keeper, the aiiu1ia1 control director or dcsignee shall provide written notice
to the owner or keeper of the date, time and Place of the admiiustrative review meeting.
Administrative review meetings may be conducted telephonically.
2. A failure hy the dog owner or keeper to request and attend an adn-iinislrative
review mccting with the animal control director.or designee shall consdtute a failure to
exhaust all adcninistrative remedies, and such failure to exhaust all administrative .
remeciies shall preclude any appeal of the adnunistrative cletermination to the hearing
examiner or to court.
3. After such administrative rcview meeting, the animal control director or
designee shall issue a final delerniination, in the fonn of a wril•ten.prder, -N ~vitliin 15
- calendar days of the adinuustrative review meeting. ln the event -the animal control -
director or designee declxres a dog to be potentially dangcrous,°~"the order shall include a
recital of the authority for the action, a brief concise statemcnt of the facts t,hat support
the determination, and tlie signature of the pcrson who made the determination. '
4_ An order detennining a dog is potentially dangerous shall be delivered to the
dog o,~vmer or keepcr in writing, either by personal delivcry or by regular mail.
D. The owner or keeper of a dog determined to be potentially dangerous under this
chapter shall comply with certain requirements, whieh may, include, but are not limited
to, the following: 1. Erection of ncw or additional fencing to keep the dog vvithin owner's or keeper's prnperty; . .
2. Construction o1' a dog run consistent vvith the size of the dog witlun which the
dog must bc kept;
3. Vticrochip identification, as set forth in Spokaue County Code Section
5.04.036;
4. Keeping the ciog on a leash adeyuate to control the dog or securely fastened to a
secure objcct when left unattended;
5. Keepuig the dvg indoors at all titnes; except when on a lcash adequate to
control the dog and under the actual physical control or a compctcnt person at least 15
ycars of age; and
6. The posting of the premises with at least one clearly visible wariung sign that
therc is a potentially dangerous dog on the property. 1n addition, the owmer shall
conspicuously display a sign with a warning sycnbol that informs children of the presence
of a potentially dwigerous dog.
F. The owner or keeper of a dog subject to a declaration khat their ciog is potcntially
dangerous may appcal the final written determination to the hearing examiner within 15
days after issuance of the dccision by filing a notice of appeal with the ani.mal contrdl
authority, subject to the limitation statcd in subsection (C) of this scction. lhe hearing
shall be held wilhin 20 days after receipt of the notice of appeal, unless it is continued for
gaocl cause sho"zi. The animal control director or designee shall notify the owner nr
keeper in writing of the date, time and lacation of the appeal hearing beFore the hearing
,
~ examiner, and said noticc shall be received at ]east five days before lhe hearing. "1"he
appeal hearing shall be recorded. The parties mav submit I'CIeVAnt tCStimqnV and ducuments, alld examine the othec partv's wicnesses at the hearin-g. °l'hc records of the
animal conu•ol dii-cctor shall be aciiiiissible to provc thlt the dog is poeentiallv d~l
pr.ovided, the owner or keel2er o[.'the dop, iiiU reQUire. by at least tw0 davs Nvritten nutice,
that the officcr compiling the .record be present at t11e hear.ing. ThE ovvner or kecper of .
the dog shall have tlie riglit to inspect and obtain copies of the records prior tb the
hearin. The burden shall be on anim~~l conlrol director to establish by a pregonderance
of the evidence that the doQ is a putentially dangerous dog.
.,a .,,e h,,nAa~~. eaFrt th~
adm•iit*s og-is-p .
F. The hearin; exanuner shall issue a wriiten clecisinn, and mail a copy of the decision
to thc dog owner or keeper, and to thc animal c:ontrol director or designec, within 15 days of the appeal-llearing. The hearing examiner's decision sliall acccpt, reject qr modify the
administrative determination that a dog is potentially dangerous, and shall 'uicludc -
findings of fact and conclusions of ]aw that support the decision. The decision shall be '
given the effect of a final decision by the city council, and shall state that the dccision ,
may be appcaled to superior court pursuant to Chapter 7.16 RCW witlun 20 ciays from
the date the cieeision was received.
~
~---1
..i
CITY OF SPOKANE UALLEY . ~ Request for Council Action
Meeting Date: January 15, 2008 - City Manager Sign-off: _
Item: Check all that apply: ❑ consent ❑ old business (D new business ❑ public hearing
_ ❑ information ❑ admin, report ❑ pending legislabon
AGENDA ITEM TITLE : Senske Park Maintenance Contract Amendment
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
In 2005, the City contracted with Senske Lawn and Tree Care for•park maintenance and
maintenance of the Centennial Trail for a total annual cost of $608,681.21. This was a one year
initial agreement with•four one year renewal options. In 2006, the contract was renewred at the
same total annual cost of $608,681.21. In 2007, the contract was renewed with an increase of
~ 2%, which brought the total annual cost up to $620,854.83.
~ The 2008 reneEVal of the Park Maintenance Contract was offered to Senske at the same total =
annual cost of $620,854.83. Senske has countered with an offer of a 2% increase in cost. This
would result4n an increase of $12,417.10 to the annual contract,. bringing the total contract
amount to $633,271.93. The breakdo+rrn would be $609,544.56 towards park maintenance and :
- $23,727.37 towards Centennial Trail maintenance. I
- - - ~
As per the contract, cost changes must be justified and mutually agreed to by the City and the
Contractor (Senske). Based on a Consumer Price Index (CPI) increase of at least 2% for the
preceding 12 months and satisfactory performance by Senske in meeting the objectives of the -
contract, staff feels the request is both justified and mutually agreeable.
OPTIONS: Approve proposed.2% increase in contract-cost.
Deny request or recommend a different amount.
RECOMMENDED ACTION OR MOTION: Consensus to move this item forward to the Jan. 22
consent agenda.
BUDGETIFINANCIAL IMPACTS: None.
STAFF CONTACT: Mike Jackson, Deputy City Manager \ J
ATTAC H M ENTS
SCl7'Yokane p
,;00.Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 ~509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org ` Memorandum To: City Council; David Mercier, City Manager
From: Mike Jackson, Deputy City Manager
Date: January 10,,2008 -
Re: 2008 Park Maintenance Contract
In 2005, the Ciiy contracted with Senske Lawn and Tree Care for park maintenance and
maurtenance oF the Ccntennial Trail for a total annual cost of $608,68121. This was a
onc year uutial agreement with four one year renewal options. In 2006, the eontract was
renewed at the same total annual cost of $608,681.21 . In 2007, the contract was renewed
with an increase of 2%, which brought the total-annual cost up to $620,854.83.
The 2008 renewal of the Park Maintenance Contract was offered to Senske at the same
total annual cost of $620,$54.83. Senske ha.s countered Nvith an offer of a 2% increase in
cost. T'his would result in an increase of $12,417.10 to thc annual contract, bringing the total eontract amount to $633,271.93. The breakdoNvn would be $609,544.56 towards park maintenancc and $23,727.37 towards Centennial Trail maintenance.
The contract stipulates that "Cost changes in future years, if any, must be justified and inutually agreed to by the City and the Contractor." Senske listed several rcasons for the
- requested increase for 2008 including a 20% increase in suin.mer staff, significantly
highcr fuel prices, significantly higher fertilizer prices and incrcases in disposal charges.
Based on a Consumcr Price Index (CPI) inerease of at lcast 2% for tlie preceding 12
_ months, coupled with thc satisfactory service provided by Senske, staff recommends .
approval of a 2% increase for 2008, effective January 1, 2008.
Please note: 1. Reference to the CPI is for comparison only. There is no contractual reference
to the CPI in the City/Senskc agreement and there is no built in mechanism for
inereasing the contract cost.
The 2008 budget includes funds in the Parks and Recreation Services aud Charges Account to
cover the total cost of the contract which would be $633,271.93. '
Please let me know if you have questions or would like additional information.
. . '
~ ~ -
Corporate Office
0 400 North Quay
Kenneevick, WA 99336
(509) 736-0754
December 5, 2007
e~- Wlike Jaekson - o.: '
City of Spokane Valley 2426 N Discovery PI
Spokane Valley, +NA 99216 _
Dear Nrike, _ •
I would, with one stipulation, also like to renew our parks contract beginning on January 1, 2008 through
December 31, 2008 as per the terms and conditions of the existing Agreement for Provision of Parks
Maintenance Services executed the 30`h day of December, 2004, the Addendum to Agreement for
~ Provision of Rark-Maintenance Service on Centennial Trail executed the 15'h day of march, 2005 and the
Amendment to the agreement for the Professional services dated the 19`h day of March, 2007.
The one stipulation I would request would be an increase to stated contract prices in the amount of 2% ~ for the 2008 conCract year. This minor increase is required to help off set increased costs incurred in the
2007 season. Th@se increases included a 20% increase in summer staff, signifcantly higher fuel prices
significantly higher fertilizer prices and increases in disposal charges.
' Should this stipulation be granted, we would enjoy participating in this renewal to the above mentioned
contracts. Feel free to contact me with any questions and or concerns.
Sir rely,
Oan Warehime . .
Vice President
Senske Lawn & Tree Care a
~ • .
~ JAN 10 2008 14:56 FR TO 96880194 P.01i01
■ • .
scr" oFirane
P . . ,
va11ey~
Parks & Recreatlon Department 2426 N. Discovery Place ♦ Spokane Valley vJA 99216
549.688-0182 ♦ Fax: 509.688-0188 ♦ paricsandrec@spokanevalley.org
November 7, 2007
Ban Warehime, Vice' President'
Senske Lawn & Tree Caze, Inc. 400 N Quay '
Kennewick, WA 99336 Aeaz Dan, . .
T would like to extend to you a renewat oprion beginnin~ January 1, 2008 through
December 31, 2008 as per the terms and con.ditions of the eacisting Agreement for •
Provision of Pazk Mai.ntenanc.•o Services executed the 300' day of December, 2004, the
Addendum to A~reement for Provision of Park IVf.aintenance Service on Centennial Trai.l `
executed the 15 day of Maz'ch, 2005, and the Amendment to AgTeement for Professional '
Services date the 19`h day of lviarch, 2007.
Please sign below to acknowledge the receipt and acceptance of this offtr. Please rctum
original and retain a copy for your records.
Sincerely, . •
JP ackson -
& Rec
reation n Director Dan Wazehime, Vice President Date .
Sensl:e Lawn and Tree Care ,
. ~ ~
`
- • • . ~ TOTAL PAGE.01
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 15, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing
' ❑ information ❑ admin. report ❑ pending legislation .
AGENDA ITEM TITLE : Old Senior Center Building
GOVERNING- LEGISLATION: N/A
- PREVIOUS COUNCIL ACTION TAKEN: Council previously authorized staff to abtain a
detailed engineering report on the condition of the Valley Mission Senior Center Building at
11423 E. Mission Ave. .
BACKGROUND: The old Valley Mission senior center facility at 11423 E. Mission Ave. was
vacated in September 2005 when the Spokane Valley Senior Citizen program was moved to
CenterPlace. The building has been empty since that time. The Valley Mission facility is
approximately 12,000 square feet and was opened in 1976. The facility is located within Valley
Mission Park.
The engineering firm of Thomas, Dean & Hoskins, Inc. (TD&H) togetherwith the geotechnical
firm of GeoEngineers evaluated the Old Senior Center building and parking area. The work
included a structural evaluation of the building itself along with a soils evaluation around the
building foundation and parking lot. A brief summary of the results of their work is as follows:
GEOTECHNICAL EVALUATION
• The majority of the site is underlain by very loose debris fill of unknown origin
. • This debris fill appears to not have been compacted when placed • The existing Senior Center building has settled due to compaction of the fill material from
the weight of the building itself
~ Continued settlement of the building is likely unless underpinning of the foundation and
floor slabs is provided • If a new building is constructed, deep foundations are needed the get through the debris
fill or the debris fill will need to be removed and replaced with structural fill
STRUCTURALEVALUATION
• Foundations have settled unevenly causing cracking
• Interior concrete basement floor slabs have settled 6p-10' causing breakage
Beam supporting the main floor is significantly overstressed and has cross lamination
splitting •
• Fifteen floor joists supporting the main floor are damaged requir.ing repair or replacement
• Four-inch diameter pipe columns overstressed by 30%-100% at two locations
• Roofing is littered with holes and requires replacement
0 Steps and Ramps have settled and rotated away from building; requires replacement
• Entry canopy has settled and is of deficient design .
. A conceptual repair plan is provided in the structural report along with geotechnical recommendations for supporting the existing building or replacing it with a new building. A
detailed cost estimate is also provided to bring the existing building up to new standards and be
similar to that of a new building. .
In conclusion, the engineer states, "The cost to repair and make improvements in the old
building is approximately $1.7 million, rrvhich is comparable to that of a new building at $1.3
million. The refurbished existing building would have a shorter useful life and higher operating
costs."
A copy of the Structural Evaluation Report and the Geotechnical Engineering Evaluation Report
are available for review if desired.
OPTIONS: Demolish the building •
Repair/renovate the building' RECOMMENDED ACTION OR MOTION: Council consensus to place a motion on the January
22"a Consent Agenda for demolition of the Valley Mission Senior Center building.
BUDGETIFINANCIAL IMPACTS: none
STAFF CONTACT: Mike JacksonlSteve Wodey ATTACHMENTS PowerPoint
. . ~
Valley Sen ior Center
Mission Update
January 15, 2008
Valley Mission Senior Building
~ . . ~
I - ~
„1 y~ ~ • r r.
. - . • JL .:a . ~ ia~ ` ; - - j- . ~ ~ ' - _ ~ _ - .
11423 E. Mission Avenue
Report by TD&H Engineering
Consultants
• Geotechnical Engineering Evaluation -
Senior Center Building Settlement
• Report for Structural Evaluation and Cost
Estimate for Repair/Replacement
Results from Structural Evaluation
• Foundation, basement floor slab and exterior
walls of building have settled unevenly, causing
cracking and extensive breakage in concrete
and supports.
• Steps and ramps have settled and rotated away
from building.
• The entry canopy has settled, causing it to begin
coming apart.
• Trusses and suppart beams have cracked due
to the building settling unevenly.
• Roofing is littered with holes.
Loose Fill and Debris
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Cost Estimate Findings
; . ,
"The existing building does not conform to current energy sfiandards and does not have the aesthetic .
appearance of more modern structures and will need
modification to meet ADA requirements." TD&H
"The cost to repair a'nd make improvements in the old
building is approximately $1.7 million, which is
comparable to that of a new building at $1.3 million. The .
refurbished existing building would have a shorter usefiul
life and higher operating costs." TD&H ,
.
.
. Demolition Costs • Demolition and disposal of current structure .
would cost approximately $40,223 (does not ~ include'disconnecting utilitees and other misc.
expenses) Asbestos removal $22,223 ,
- Demolition -,$18,000 - Offset • Possible revenue from sale of salvage. -
a Old Senior Center was flooded on February 23, 2006. The
insurance amount received was $39,482. .
o Also looking into Fire Department using the structure for a training exercise which may reduce demolition cost. .
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CITY OF SPOKANE VALLEY
~ Request for Council Action -
Meeting Date: - January 15, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business (D new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation '
AGENDA ITEM TITLE: AAA Contract Renewal
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Street Sweeping Contract Approval on March 3, 2007
BACKGROUND:
The City conducted an RFP process in February 2007. In March 2007 the Council awarded the
contract to AAA Sweeping by the following motion:
~T, nT RusINEss
2. Vlotion ConsiderAtion: Street Sweeping Request for Propasals - Jolvi Hotunaia
Engiueer Holvvau explainect that this issue was previously presented to Couucil T=ovcmber 14 aaad
February 20; and tliat staff now seeks aplroval of the coutract to Ar1A Sweepiug iu au amount not to
exceed $473,6$7. It ,vas inoved lry Coau3cilriiertzber Denerznv and seconderl to moard the caitract to AAA -
Sweeping zn Rn amount rrot to exceed, $973,687 rnrd mniliori_e the Cix}r Agnnager to sign the contrcrct a.rrd
. fiihrve seuen}+e.nY rerrewa1 options as prorided in the RFP docciniejrts. Mayor `Vilhite iuvited public
comttlent; no comuieuts were offered. vote by .4cclartrnrion: In Favor: Urrculirlrotis. Opposed.• Nane.
O Abstentiotrs: None. Mofion carried.
The contract was for one year with seven one-year renewal options which may be exercised by
the City. AAA Sweeping provided a very good level of service during 2007 and I recommend
that we renew the contract for 2008. The annual renewal may be adjusted upward in an amount
not to exceed the Consumer Price Index for All Urban Consumers (CPI-U) or 3% whichever is
smaller. The current CPI-U is 4.31 AAA Sweeping requested a 3% increase as outlined in
their attached letter. I recommend that we approve the 3% increase as outlined in their letter.
OPTIONS: Award the contract for $479,717.02 or not award the contract.
RECOMMENDED ACTION OR MOTION: Place this action on the January 22 agenda for a
motion to Award the contract to AAA Sweeping in the amount of $479,717.02 and authorize the
City Manager to sign the contract.
BUDGETlFINANCIAL IMPACTS: The contract will be funded by the current 2008 approved
budget.
STAFF CONTACT: Neil Kersten
ATTACHMENTS Minutes of the bid award on March 6, 2007, page 2. Specification section
allowing price increase, pages 4& 5. 2008 contact renewal letter and AAA letter dated
12/14/07. 2007 Contract.
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PUBLIC COWENTS:
Lewis O man. 4411 S WoodnuffRd in Ponderosa: spoke in regard to the proposed Unifonm Development ~
Title 19; be saici thxt he has. properfy oa the corner of Woodruff and 4e; that prior tn our incarporation, ~
Spokane County said he'd have to wait until 2007 for sewers until he could do something wiih his
property; but now that we are own city, he received a 8yer about subdividing properly; he wantei to °
_
- lnow wbat he can do now as he wanted to build a home oa bis extra acreage. Mayor WiIhite said that
staff would be contacting hun soon regarding. '
l.. C0IVSEN 1' AGE, NDA: Consists of items considered mutine which arc approved as a group. A
Caunci}tnember may remove an item from the Consent Agenda to ba cflnsidered separately. I
. a. Following Claim Vouchers: ~
VOUCI-ER LIST DA'IE VOUCHER #s TOTAL VOUCHEIt AMOUNI'
02-16-07 11077-11157 $1,595 426.01
02-23-07 l 1 158-1 1 176 $57,902.58
GRAND TOTAL ' $1 653 328.59
. b. Payroll for 1'eriod Ending Pebruary 28, 2007: S227,160.40 •
c. Approval of Bcverly Hills Drainage Improvements
d. Minntes of February 27, 2007 Rcgular Council Meeting
Councilmember dothmann said that be bad been cnntacted by Councitmember. Schimmels who requested
to have ihe PcbruFSry 27, 20D7 minutes removed from touighYs conscnt agcnda tn be discussed at another
time. It was moved by cowrcilnxem8er Denenny, seconded and wrcmimously agreed to accept the consent
' agenda for the Irsled claim vouchers, !he pcryroll for periori ending Februmy 28, and for the approval of
the Beverly Nlls Drainoge Impravements. Mayor Wilhite said that Councilmember Schimmels had
questions conceming the minutes and we will bave to wait to determine his concems.
NEW BUSU4E.SS
2 Motion Cansideration: Street Sweeping Request for ProposalS - John Hohman
Engineer Hohman explaincd that this issue was previously presented to Coimcil November 14 and
February 20; and that staff now seeks approval of tihe cantract to AAA Sweeping in an amount not to
exceed $473,687. It was moved by Coaorcilmem8er Denenrry mtd seconded to award the contract to AAA
Sveeping in am mmount no11o exceed $473,687 ancl atdhoriae the City Manager to sign the cantraat and
future seven year renewal options rrs provfded in the I2FA documents. Mayar Wilhite invited public
comment; no commcnts were offered. Vofe by Acclun:ar#lon: In Favor: Unm:imous. Opposed• None.
Absteiztions: None. i1lotion carried
PUBLIC C()lV,f,lV.i.ENT5 tifayor Wilhite invited general public comments; no comments were offered.
AAMMi5TRAT1VE, 1ttiFORTS: ° 3. City Manager Commcnts
City Manager Mercier announced that Rick V•uiLenven has been selected to scrve as this City's new
police chief_ Aner Mr. Mercier tald a little lbout Chief VanT.euven's background, he asked Chief
VanLeuven to step forward for comments. Cbief VanLeuven said he looks fonvard to working witb our
sta£f, Council, and Management Team; after wfiich Councilmembers greeted. and welcomed Chief
Vanl,$uven. In other comments, Mr. Mercier said that as he has done periodically in the past, he reported '
that since incorporgtion, Council has pa,ssed over 600 itmns of business in tbe forms of contracts,
ordinances, and re.solutions, and he thanked Council for their efforts. Mr. Mercier also mentioned that
City Attamey Mike Connelly was recentfy given an outstanding service 1wa,rd for his service as a
municipal attarney. ,
.
Council Mccting: 03-06-07 . Pagc 2 of 3 .
Approvcd by Council: 03-27-07
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~ 1.9 PREPA1tATION COSTS '
A].1 costs incurred in the pregaration and presentafion of fhis proposal shall be wb.olly ~
absorbed by the Proponemti . .
1.10 POSTPONENIENT OF PY20POSAY. DUE DATE _ I
The City reserves the right to postpone the date arzd time for the due date of proposals by
announcing such poslponement at any tiffie prior to the date and time annoumced in fhese
docwnents. . :
1.11 CONTRACT .
The City's pzoposed canttact, with the terms and conditions, is attached to this RFP as
Appendix A. The Ciiy expects all submitting fxrms to corasent to the Ciry coatract, 'terms
and conditions, and dQes not anticipate agreeing to any modifications or'exceptions. Any
exceptions ot modifications to the contract proposecl by a firm raaust be noted in the
propasal submittal. The City reserves the right to zevise the stated corYfzact teams and '
conditions prior to contract signature..
By submitting this proposal, the Contractor acknowledges that it has read and
understands the insurance requirements for this contract. The Contractor undezstands that
the evidence of zequired insurarace shall be submifited wi.t}xin ten working days following ,
motification of proposals baing accepted.
1.11.1 Conh-act Term • . _
~ The contract teIIn shall be for a period of one (1) year with seven ('n one-year renewal
terms which may be exercised at the option of the contract manager. Tlae eontract
mana.ger for the City shall be the City Manager or his designee. The contract shall commence on or about March 15th, 2007, or as directed by the City_
' Renewals shall coincide with the c.alendaz year. 1.11.2 Prevailing Fvages '
. Laboz and beneSt zates will be rao less than the.applicable prevaili.ng wages (See
Appeiadix B). The Propon.ent shall comply with all state and federal laws relating to
the employment of labor and wage rates to be paid. The hourly wages and benefits of
. laborers, workers, or mechanics shall not be less thm the prcvailing rate of Nvage for
' an hour's work and benefits in the saine trade or occupation in Spokane County.
No payment wi.la. be madc until the Contractor has submittecl a"Sta.tement o£ Intent to
Pay Prevailing Wages." No final payuient or release of any bond will bc made on a
Contract Term until the Comtractor has submitted an "AJffidavit of VJages Paid".
. Ttiese documents must be certiZed by the industzial sYatistician of the Departraaent of -
; Labor and IZ►dustries and the "owners" copy slaall be in the possessian of t}ae City. -
1.11.3 Compensation ' . Tkce basis o£ payment will be a fixed wut price. The City will negotiate how-ly zates
with the Contractor pzioz to finalizin~ a cantraet. Site work, cbange order pricing, and
, .
Page 4
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billing will bc based ugon the negotiated hourly rates. The hourly prices sball include
everytlaing necessary for oompletion of the contract including, bllx IIot 1.1,]]]].tetl f0 -.!q
furnishing materials, supplies, equipment, tools, freight charges, facilities, fuel, water ~
fees, management, mobiliza.tion, superintendextt, labDr and service, except as noted ,
otherwise i.n the coutract docrmients. The unit prices include all appurtenances `
necessary to complete the work Nvhich shall confozm to the best practice known to the ~
trade in design, quality, material, and workmanship and be subject to the spacifications S
in full. • . The specifications shall be construed as minimum. -Payments shall be made aft,er
review, approval, and authorizatioa by ilie City. , Payment aut3aorization shall be conditioned upon the subma.ttal of an invoice settting forth a breakdown of the c.flsts for work and services that bave been provided.
, Pzices shall remaim firm for the dvzation of the contract. Zf annual contr$ct renewal
options aze excrcised, the Contractor may'request an adjusfiment of the contract prices
annual.ty by January 1 for the following 12 inonths. Such prices shall be negotiated by .
the City and contractAr, and shall not be increased or decreased by more thaa the ~
percent change in Yhe Consumer Price Index for All Urbann Consumers (CPI-iJ) or3 %
whichever is smaller. The reference point wiZl be the CPI-U for November and the
index base pezi.orl is 1982-1984=100. The source of this percent change shall be the
"U.S. Department of Labor, Bureau of Labar Statistics.
The prices i.nclude all costs of servicing of the account, all contraatual requirements '
during the coatract period, and aze subject to the speeifications in M.
1.12 SEVERABILx'I"Y _ 1f any s£ction, seDtence, clause or pb.rase of thi.s RFP shall be held to be invalid, such
~ invalidity shall not affect the validity of any other section, sentenc.e, clause or phrase -of
. t3ai.s RFP.
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Page 5
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•
;,*Valky 11707 E Sprague Ave Suite 106 0 Spokane Va . lley WA 99206
, 509.921.1000 4 Fax: 509.921.1008 0 dtyhallcVspo4canevalley.org
December 14, 2007 AAA Sweeping, LLC .
POBox624 . Veradale, `VA 99037
Re: Implementation af 2008 option year, Contract IVo. 08-004, for Agreement for Street
Sweeping Services, No. 07-001, executed March 13, 2007 Aear 1~1r. Sargent:
The City executed a coutract for provision of Street Sweeping services on IVTazch 13, 2007. The
Ttequest for Pzoposal stiates tUat it was for one year, with 7 opti.onal one year terms possible if the
parties mutually agrec to exercise ihe options each yeaz.
~ The City would like to excrcise the 2008 aptYOn year of the Agreement. The Compensation as outline in Exh.ibit B, 2008 Cost Proposal, includcs the incrcases you requestecl ancl shall not
. exceed $479,717.02. If yQU are in agreement with exercising the 2008 option year, please sign
and retin-n this letter by.December 27, 2007. This is thc first oF seven possible option years that .'can he exercisEd, and runs £rom January 1 througli December 3 1, 20 0 8.
Exhibit A - Original Agrzement fvr Constiuction Service9 No. 07-001
Exhibit B- 2008 Cost Pi-oposal -
AU of the oth.er contract provisions contain.ed in the original ageeerpent are in nlace aud will
remain unchanged in exercising th.is optiou year. Please sign below to acknowledge the reeeipt ancl concmrenee to perforna the 2008 option year.
Please retain one copy and mai_l the other one to the City. .
CITY OF SPOKA3VE VAI,LEY AAA SweePing, LLC
- 0 ~,rr Cf'
Natne and title Name and ti
. l Z Xf 6--5 7
Date signcd Date signed . .
_ .
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AAA SWEEPING, LLC
. P. O. Box 624 -
- Veradale, WA 99037-0624 509.922.1363 !
~
December 10, 2007 ~ i
Mr. Nei) Kersten . City of Spokane Valley .
- 11707 E. Sprague Avenue
. Suite 106 , ' .
Spokane Valley, WA 99206 Re: Agreements for Vactoring Service and Sweeping Service for 2008
Dear Mr. Kersten:
We have received your letfier for Renewal Options for 2008 on both the Sweeping and
Vactoring Ser'vice contracts.
As specified in the contract specifications, we are requesting a three percent ( 3%) adjustment
of the contract prices for the 200$ options. We have based the unit price increase on rising .
prevailing vrage rates and rising fuel costs. We have attached the following items for your review: .
o Cost estimates for 2008 reflecting our proposed contract price.
• The 2007 cost estimate. • A price comparison which indicates the unit price and cost variance. .
o A summary ofthe current 2007 contr-act which details invoice amounts and actua) hours
- completed for each bid item. •
if you have questions regarding the attachments, please contact us. We look fonvard to
working with the Ci#y of 5pokane Valley in 2008. Please let us know the next step in the
renewal process so we can complete the required documents'by December 14, 2007.
Sincerely, . . •
.
Brett R. 5ar nt `
' Member ' . -
Encs.
~
ATTACHMENT C - COST PROPOSAL
SWEEPING SERVICES FOR 200$ ,
EQUIPMENT LABOR UNIT ITENI QUANTl7Y COST PER COST ~B~R PRICE TOTAL COS
NUMBER (HRS) UNIT PER UNIT SUBTOTAL TOTAL 1 TVlechanical Sweeper 900 $ 102.39 $ 38.71 $ 34,839.00 141.10 $ 128,990.00
2 Kick/angle Brooms : 200 $ 64.29 $ 38.71 $ 1,742.00 $ 103.00 $ 20,600.00
3 Regenerative Air Sweepee 1200 $ 102.39 $ 38.71 $ 46,452.00 $ 141.10 $ 168,320.00
4 NVater Truck . 1200 $ 63.90 $ 39.10 $ 46,920.00 $ 103.00 $ 123,600.00
5 Dump Trucls/Bnd Truck 80 $ 63.77 $ 39.23 $ 3,138.40 $ 103.00 $ 8,240.00 6 Loader 40 $ 62.90 $ 40.10 $ 1,604.00 $ 103.00 $ 4,120.00 .
iSubtotat S 312,174.60 $ 140,695.40 • $ 452,870.00 • Tax (8.6%) on equi ment unty $ 26,847_02 $ - $ 26,847.02 ,
GRAND TOTAL $ 479,717.02
• ~
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ATTACHMENT C - COST PROPOSAL . . -
SWEEPING SERVICES - 2007 ~
- EQUIPMENT LABOR UNIT.
QUANTITY LA80R TOTAL
ITEM (HRS) UNIT COST PER COST UNIT PER SUBTOTAL 70TAL PRICE COST
1 Mechanical Swee er 900 $ 100.35 $ 36.65 $ 32,985.00 $ 137.00 $123,300.00
2 Kick/angle Brooms 200 $ 63.35 $ 36.65 $ 7,330.00 $ 100.00 20,000.00
3 Re eneratie Air Swee er 1200 $ "I00.35 $ 36.65 $ 43,980.00 $ 137.00 $164,400.00
4 Water Truck 1200 $ 62.50 $ 37.50 $ 45,000.00 $ 100.00 $120,000.00
5 Uum Truck/End Truck 80 $ 62.38 $ 37.62 $ 3,009.60 $ 100.00 $ 5,000.00
8 Loader 40 $ 62.47 $ 37.53 $ 1,501.20 $ 100.00 $ 4,000.00
Subtotal $305,89420 $ 133,805.80 $439,700.00
!
Tax 8.6% on e ni ment onl $ 26,306.90 $ 26,306.90
GRAND TOTAL $466,006.90
i
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PRICE COMPARISON FOR SWEEPING SERVICES 2007 TO 2008
2007 2008 PRICE 2007 2008 COST ITEM DESCRIPTION - HOURS 'UNIT PRICt UNfT PRIC VARIANCE ANiVUAL PRICE ANNUAL PRICE VARIANCE .
1 Mechanical Sweeper 900 $ 137.00 $ 141.10 4.10 $ 123,300.00 $ 126,990.00 $ 3,690.00 ,
2 I{icldangle $moms 200 $ 10100 $ 103.00 $ 3.00 $ 20,000.00 $ 20,600.00 600 00 3 Regenerative Air Sweeper 1200 $ 137.00 $ 141.90 S 4.10 $ 164,400.00 $ 169,320.00 $ 4,920_00 4 Water Truck 1200 $ 100.00 $ 103.00 $ 3.00 $ 120,000.00 $ 123,600.00 $ 3,600_00
. 5 Dum Truck/End Truck 80 $ 100A0 $ 103.00 $ 3.00 $ 8,000.00 $ 8,240.00 . 240.00
6 X.oader 40 $ 100.00 $ 103.00 $_Y 3.00 $ 4,000.00 $ 4,120.00 $ 120_00
SUBTOTAL $ 439,700.00 $ 452,870.00 $ 13,170.00
• SALES TAX ON EQUIPMENT @ 8.6 % $ 26,306.90 $ . 26,847.02 $ 540.12
TOTAL • $ 466,006.90 $ 479,717.02 $13,710.12
. ACORD., CEF~TIFICATE OF LIABILITY INSUR~INCE °"~ioi~7
'
PRODUCER 509-358-3800 THIS CERTIFIGATE {S ISSUED AS A MATTER OF INFORMATION
Wells Fargo Insurance . , -ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATF•
HOLDEfi. THIS CERTIFICATE DOES NOT A~IAEND, FaCTF1t1D Ofl ~l
SeNIC~s / CALA~06310~7 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ~ ;
601 W. Main Ave. Suite 1400`.,'
Spokane, WA 99201 INSURERS AFFORDING* COVERAGE
INSUflED INSUAER A. Alaske A+etional Insurence Co.
AAA Sweeping LLC P.O. BOX 624 INSUAER B:
Veradale • WA 99037 I"sUAe' c`
IN5UA6i D:
IN5UR6i E
COVERAGES •
THE POUCIES OF INSUH/1NCE I.ISTEU 13ELOW HAVE BEEN 6SSUED TO'fNE WSURED fdAPAED ABOVE FOR THE POUCY PERIOD MOICATED. HOTVJffHSTAMDING
ANY REQUIREMEAIT, TERhI OFt COPlDiT10M aF ANY COP1TflACT OR OTHER DOCUD8EPIT 4VITH RESPECT TO WHICli 7HIS GEFTIFICATE MAY BE ISSUED QR
PAAY PEti7AIN, THE INSURANCE AFFORDED BY THE POLICLES DESCRIBEO HEA£IN iS 5U8JECT TO AU. THE TERPAS, EXCLUSlONS AND CONDITIONS OF SUCk
POLICIES. AGGftEGATE LIMfTS SHO'NN MAY NQVE BEEN REDUCEO BY PAID CLAIMS. '
rNSR TYPe OF IM3UMRCE POUCY 1.'L11L8ER POLCY EFfrC'fIVE PULJCY EXPIqAT1ON
tdfl Da an D UMITS
q GQJERAS.L1ADIllTY 07JLS30908 10/19I07 10118/08 EACIi OCCURflETCE o iooooao
x C011LMERCIAL G6'd:J1AL LMBdUTY FIRE DAMAGF {Arry nnp (ttal 8 10 D000
CLAIA05 MADE a OCCUA PAED IXP lMy anc parcor0 9 30000
~ • PEiL,+DPlAL & ADV INJUAY 6 2000000
X WASTOPGAP G£NUM AGGREGAT@ o aoaoooo
G6V"1. /aGGit:GAYr LIMYf AFPL[ES M: . p}tODVCTS - CO?APJDP AGG 0
aD00090
17 Po11CY X i.FC-~.T r-I LOC •
A AUTOdI1OBIlELIA9tt17Y 07JAS30808 10119107 10119108 CDI.iBINIDSINGLELIM7i 4 looooo0
x NtY AUTO (Ee actilent)
Al,i OM/fJm AUT05
90DtLY IN.FURY j
6CMEDULED AUTOS (POr perann)
x MIRED AUTOS
. BODt1Y INJIfeTY j
x NOtAOLVPFED AA1T05 - I~ 8';'IdtnU
~ PROPEATY DAMPGE
IPer azidbmq 6
OARAQE UA&ill't'Y - • ' AUTO DNLY • EA ACCEDEIIT 0
j R ANY At70 . OTH?R THAM EA ACC 6
AUTO C7NLY: AGG D
A EXCE5b U0.81UYY 07JUL30908 - 10/19/07 10119108 EACM aCCURRENCE 1) 10000060
x pCCVA F-ICLannSlaaDE aGGAEGqTc 0 10000060
0 .
OEOUCT[S1E . 0
x h'ET6Y190N 10000 0
i q woaxms comaFrasnnaN nNo 07JLS30908 10119/07 10119108 °STA e O~'
ECAPLDYER9' UAB1LTY
E-L. EACH ACCIDENT 6 lDOOOOo
~ STOP GAP ONLY E.LDISEA&`£-&AEMP60YEa 4 ion oop
STATEOFUVA ELOISERSE-e'OUCYUMR 6 1040000
_ OTHER
1 t DESCNPTIOJJ OF OPERHT10N5/LOCATIOiJ91VEHIClES1IXCLU5101i5 AD6ED BY FIdDOR6Elll61lYI6PECIAI PflDV1El01~.; j AS RESPECTS STREET SWEEPING SERVICES REP N0. 07-001
' ?RIMAHY ADDITIOPJAI. IfVSUAED STATUS TO T1iE CITY OF SPOKAPlE VAILEY
~ AS GRAPfTED BY THE POLICY, FORNrS ARt ATTACHED
~ • '
CEflTIFICATE HOLDER X ADD1T10NAL WSuREn; irosuRER UEMx CANCELLATf01V
i: • SHDULD RNY OF THE ABOVE OESCHISED POUqES 8E CAMCELLED BEFOR13 THB IXPIHaTION
~ C17Y OF SPOKANE VALLEY ppM THEREOF. THE lSSUIItO Df3URII! 1VlLLjnQ#i_X0fi IMMJ1d 30 OAVS Wfl(T7EN
' /•1TTN: CAROLYN GEORGE N0T1CE TO THE CERTIRCAYE HOLDER NA64EU TO TFii IEFT, -~NDER~XMUti
i 11707 E SPRAGUE AVE., STE 106
7 -
i SPOKANE VALLEY, WA 99206 i AunioruzEo eerR MU
ACORD 26-S (7197) 17- 34 9 ACORD CdRPORATION 1988
~~C$~~G$~ 6`9C 'L~➢(~QB .
•~~~`~•iNBURANCE C`.►1PANY . . .
~ BIANKET ADDfTiONAL iNSURED EHDORSER9ENT ~
I
. ;
• THIS EhIDORSEfAEN7 CHANGES THE POLiCY. PLEASE READ (T CAP.EFULLY. ;
This endorsement rnodifies tnsurance provided under the follrnving: ,
COMMERCiAt GENERAL LIABIUN COVERAGE PP,RT _ •
WHO IS AN 1NSURED (Saction fi) is amendPd to 2. Ths insurance provided fo ihe adifitioral insured ~
indud-a as an insursd any person or ergan'¢ation doas not apgly to "bodily injuy, "property damaga", ;
(herein refetred in as an ?ddOlonal insured}, but only if or'personal ersd advertising injur' arising oui of an ;
you are required to add that person or organEzation as architsct's, engineers, or surveyoes rendering of or ~
an insured to this poticy by a written contrzct tF►at is in failurz to rander arry pcofrssional services
efrect prlor to ihe 'bodily injuy. "Property damage", ar induding: ;
°personal and advertising injuiy'. • a. the preparing, apprnving, or Pailing to prepara ~
The insurance provided to the addltional insured is ar apQrove maps, drawings, apinions, repotts, ,
1irnited as fol{ows: . surveys, change orders, design or spac- ;
. '
1: l'hat person or organizati4n is. oniy an acid'Aional mcations; and
. insureci for its vicarious I~b~Uity for yaur acts or b. supeivisory, Inspection, or engineering ser-
' omisslons tn the perFormance of 'your work". vices. •
~
. .
- Tt-cis endorssm$nt changes the potic}/ lo v~nich d is attached and is sffzctive on the da4e issued un{ess othenY;se
stated. 7he information below is required only when this endorsement is issued subsequent to preparation
of tfie policy. Endarsemeni Effecfive 10-19-2007 Polic.y No. 07JLS30908
lnsured AAA St•iEEPING LLC • -
Countersigned By .
-
AN1C Gl 703 07 01
~ .
maska hc 41onaI ,
INSURANCE C•..MPANY .
. .
b. To sue us on this Coverage Part unless afl of its Whan this insurance is excess, we will have no
terms have basn fully complied with. duty under Goveragas A or B to defend fh3
instired against eny °suit" if eny other Insurer
A person or organization may sue us to fecover on has a duty to defend thp insured against that
an egreed semement or on a fin~ Judgment against aSUit~. if no other insurer defends, we wlll
an insured; but w2 wil{ not be liable for damages undertake to dfl so, but we vrill be entided to the .
that are not pay~bfe under the tefms of thls Ensured's rights against all thos$ other insurer$.
Goverage Part or that are in excass of the
applicable limit of insurance. An agreed settlement When this insurznce is excess over othermeans a settlement and reiease of liabflity signed insurance, we will pay only our share of tha
by us, the insured and the daimant or the amount of fhe (oss, if any, that exceeds fhe sum
clalmant's legal reprasentative. °f • •
4. Other Insurance (1) The Eotal amaunt that all such other
. insurance vroufd pay far the loss fn the
If other vaUd and ooilecfible Insurance Es available to absenae of this Insuranc~; and
the insured for a loss vre cover under Coverages A total of a11 deductlblp end self-irtsureti
• or B of.,tbis. Coverage..Part, our obtigations are (2) me amounts.uRder a11 that other insurance.
limit~a~as follows:
a. Primary Insu We will share the remaining loss, rf any, wiifi any
/ ranFe • Insurance that Is not desc~bed In this
.
~ "'~-'Ffi~'s-insurarrc is pnmary except when b, below other ~cess [nsurance provision and was not bought
appties. If thi~ Insurance is primary, our specficsliy to apply in excess of the L1mits of
abligations are not affected unless any ofi the
olher nsurance showih In the Declarations of this
insurance ~s also primary. Thcn, we will ~ Coverage Part.
shzre with all tf~at other insurance by tha c. Method Of Sha~ing
meti~tad described In c. below.
b. Excess Insurance ff aq of fhe other insurance permits contnbution
This insurance is excess over by equal shares, wa vrill foiloinr this method also.
Under this approach each insurer contributes ;(1) Any of the other insurance, whether prirnary, equal amounts unf►i it has ¢aid its applicabte;, 1
excess, contingenl or on any other basis: limft of insurance or none of the ioss remalns.,'-
(a) That is Fire, Extended Coverage, whichever comes firsk
Buildsrs Risk, Installation Risk or simifar If any of the - other insurance daes not permit
coverags for "your wark"; vontribvt9on by equal shares, we wiU contribuie
(b) That is Fire insurance for pfemises rented by Nmits. Under this method, each lnsurers
to you or temporarily orcupled by you share is based on tt►e ratio of its applicable flmit
w1th permission of the awner, of insurance to the total applicabte Iimits of
. insurence of ali insurers. ,
(c) That is insurance purzhased by you to -5. Premium Audit cover your Ifability as a fenant for .
°prope►ty damage" to pramises rented to a. We will compute aU ptemiums for th[s Cflverage .
- you or temporarily occupied by you with part in accordance with our rules snd retes,
permisslon of the owner, or b: Premium shovm In this Coverage Part as
. (d) IF the loss ar'rses out of the maintenance advance premium is a deposit premium onty. At
or use of aircraft, "a+.►fos" or watercrafit to ~ the close of each audlt period we will campute
ths extent not subjeck to Exclusion g. of the eamed premium for that period and send •
Secdon 1- Coverage A- Bodily Injury notice to the ftrst Named Insured. Tiie due date
And Property Damage Liability. for audit and retrospective premiijms is the daEe
(2) Any o4her primary insurance avaflable to you shown as tha.dua date on the biU. !f fhe sum of
covering IiabiRty for damages arising out of the advance and audit premiums paid far the
the premises or operations, or the products policy period 'ts greater than the eamed
and completed operaUons, for tivhich you premium, we will re4urn the excess to the first
have been added as an additional lnsured by Named Insured.
attachment of an endQrsement, c. ThA first Named lnsured must keeQ records of
the information vre need far premium
compu4etion, and send us capies at sudh times_
as we may requesL ,
.
r- _ . i inpr .nnv eOe O
. .
. . . ]Exhibit A
- - -
~ . . - •
AGR FO~t ST~t.EET SVr'LrPlNG 5~12VICES
. . AAA Sweeping, LLC : - TH[S AGREElYIE1VT is ~nada 1n' and betwren fhe City of Spokane Valley, a codr City ofthe St~e of
er "Contaactor," jointty referrei to as •
Washington, herein~er "City" and AAA Sweeping, LLC hereinaft
`=parties." - , . . .
IN CONSIDEItATlON ofthe teims and eonditions contained herein the parties agee as follows: 1. Woxk to PQ Perfarmed. The Contractor shall do ail wrorl: and fiimish al1 labar, tools,
Ynaberia]s, supplies and equipmant fnr tha Request of Proposals for Str+eet Sweeping Services Contract in
accordance'with, arad as descn`bed in Exhaibit 1(RFP No. 07-001) and Exhibit 2(AAA Sweeping - Street .
SR;eeping proposal), wb,ich are by this reference mr,orporateed berein and made part hereof C`Contract
Dacuinents'l, and shall perform auy changes ia the worc in accord with the Contract Documents. ,
The CONTIZACTOR sball, fnr the amount set forth in the Contractor's bid proposal atfachetl herein, assume
and be respbnsible for ihe cost and expense of all work requiied for providin'g street sweeping services and
' related activities provided for in the Contract Aocuments; exceptthose items menhoned therain to be furnished
by thr City of Spobane Valley. Tbe City Manager, or designee, shall admin.ister amd be the primary contact for Contractor. Prior to
commericement of work, Contractor shall exercise best efforts tocontact the City 1VIanager or designee to
~ . review the scope of work, 'schedule, and time af completion. Upon nofice'from the City, -Contractor shall
promptiy commence work, complete the same in a ttmely mannar, and cure any fai.lure in peif.ormance under
this ageemant
, Unless otherwise directed by the City,-all work shall be performed in conforxnance with the Contract
Plan,a, Contract Documents, C ity and State standiuds. Contractor ackmowledges review of thib Contract klans
and Contract Docirments and accepts the same. Contractor sball exercise best efforfs, includi.ng the selectioa of
the highest quaJity materials, so tiiat all work performed shall be in compliance with current related industry
sG3nderds.. ' . . ' . ' - _ .
, 2. 7Cerm of Contmc~. This agreement shall be in futl force and effect upon-execution and shall
re main in e$'ect until December 31, 2007. T6e City may tierminate fhis agreement by ten (10) days' Written notice iv the other party. In the event
of such termination, the City shall pay the Contractor for all work previously autaorized and satisfartorily
` . Performed prior to the ternunatian date. - •
3. Comnensation. ne City agrees to pay the CaniTactor on unit cost basis as set forth in ' •
the sttached bid up to a maximum fee of S473,687.00 full mpe'cm for ev ing fum.ished
. done under this agi~ementl a^~~ a-° D1~f D~ ~:4en' ~ ~ 4. Pavme'The Contractor may elect to bE gaid in monthJy , bpon p ntaYioa o
an iavoice to the Ciiy, or in a iuxnp sum; upon completion'of thc work. Applieaiions for payment shal.l be sent
4to ttie City Clerk at the b2:low-statedaddress.
i .
~ Agreernent for Canstxuction Scrviccs Pagn i o€ 5
• • ~
-
The City reserves the cight to withhold.payment under this agreement which is deteffimed, in the ;
reasonab]e jndgmeut of the City Manager; to tie nancompliaatwih the Contract Plans, Contract Dowments, or -
City or Sta2e standards. . . . .
5. - Notice. Notice shall be given in writin.g as follows:
, • TO ME CITY: . , . ~TO THE CO_HtAGTOR . . .
" Name: Christine Bambridge, Ci4y Clark Name: Brett 5argent "
- Phane Number. (509) 921-1000 Phone Number: 509-928-4663
Address: 11707 East Sprague Ave., Suite 106 Mobil: 509-922-1363 - . • ' Spokane VatIey, WA 99206 , Address: F.O. Bflx 624
. ' . Veradale, WA 99037 .
6. ApnLicable Laws and Siandards. 'Ihe parbes, in the perfarmance ofthis agreement, agree to
comply with all applicable Federal, State and local laws, anii City ordinances aad regulatians. 7. Prevailine Wages on. Yublic Works. Unless otUezwise required by law, if this conhact is for
a."public work" which is defined as "Nvork, construction, alfzralion, repair or improvemenf othcr thgn"ordinary
maintenance executed at the cflst oF the City," the foIlowing provision applies:
This agreement provides for tlas coatr'uction of a public wozk and a payment of prevailing
wages accorrling to Washing~pn law. A11 wQrkers, laborers or mechanics shall be Paid a
prevailmg rate of wage that is set forth in an Ex.lubit to tiis agreement ' .
Before any payment may be made to Contractor a"Starement of Intent to Pay Prevailing Wages" must be submitted to the City. Following fxnal acceptance of the publ.io works
. .project,, the Contraetor and each subcoatractor shall submit an "Affdavit of Wages Paid" .
• -beforo refained funds will b:; released ta 13ia Contractor. The affdavitmust br certified by the
industrial stati.stician ofthe Department ofLabor and IndnsTries. .
. S. Retntionship of the Parties. It i5 hereby understood, ag[ecd and declared ttiat thC COntrector
shall be aa indepsndcnt Contractor and not the agent or employee ofthe City, thal the City is'Ynt~ste~ in onty
• the resu}t , to be achieved, and that the right to control the particular.manner, method aad means of the worit is
solely witbin the discretion of the'Contractor. Any and aIl employees who pro'vide service.~'to the City vnder
this agreement shall bs deemed employees of the Contractor. The'Contractor Shall be solely respon.sble for the
conduet ad actions of all ernployEes under tihis agrpement amd any liabiJity. tPat ipay aftacll t6ereto.
9. ' dwnership of IIocuments. All drawing's, plans, specificazions; and'other relateddocuments ,
prepared by the Contractor under 4his agreement are and shall be the property oftho City; and may Ue subjccY
to disclosure pwsuant to RCW 42_56 or other.applicable'publac record laws.
• . . . . - . .
10. ` ecords. The'City or StatB Auditor or any of their representatives shall.haye full access to
. ' , and the right to exanine during normal business hours all of the Confiactor's records* with respact to all
- matters covered 'm this contract Sucli representatives shall be pe.rmittsd to audit, examiaae and make excerpts •
• or transcripis &om such records and to ma4ce audits of all contracts, invoices; materials, payrolls and record of
matters covered by this coniract for a period of Chiee years from the date fnal payment i's made hereunder.
• '
. Agrecmcnt for Construction Scrviccs Pagc 2 of 5 •
f 11. Wsrranty. Uniess provided othertvise in the Contract P1ans or Confract Documents,
Conbractor werrants all work aDd Lnatcrials performed or-installed under this contract are free from defect or
failuTe £or, a period o£one year foUowiag final acceptance by the City, unless a supplier or Xnanufacture,r bas a
warranty for a gesUer period, which warranty shall hc assigned tio 'fhe City. in the event a defect or faiture
occvrs in work or materiaLs, the CoDtractor shall within the warranty period remedy the same at no cost or
expense to the City. . .
- 12. Contractnrto Be Licensed•And Bonded. The Coihactor shall be duly ticensr,d and bunded
by the State of Washingtoxi at all times tbis agreement is in effect. •
' 13. Insnrance. The Confractor shall procure'and maintain for the duration of the Agreement,
insurance aga.inst claims for injuries to persons or dama.gi tn property wfiich inay arise fi-om or in connection
wit}i the performance of the work hereunder by the Contractor,'their agents, represealatives;'employees or
subcontracbors. • No Li.mliation. Conhactots tnaintenance of insurance as required by the ageement shall not be conshued ta -
limit the liability of the ConWctor to the, coveragc provided by such insurance, or otherwise Limit the City`s
' recauiseto any remedy available at law or in equity. A. 1'l~f'rnimwm Scope of Insurcmce. _ Contractor shall obfain instzrance of the types
descnbed below:
1. Aut~mobi]e-Liabilitv insurance covering all owned, rion-owned, h3red and leased
vehicles. Coverage sballbe written on ?nsittance Sarvices Office (ISO) from CA 00
~ 61 or a substitute form providing 'equivalenf liability caverage. ']f raecessary, the
policy sh"all be endorsed fo pmvide coritractual l.iability covirage.
2. Gommercia] General Lia}ailztY insurance shall-bo wriften on LSO occurrence forcn .
CG 00 O1 and sball cover liability arising from premises, operafions, independenY .
coniractors, producfs-comp]etcd opesations, stap gap liability, personal injury md
' advertising injuiy; and liability a~su~aed under an insured contract The Commarcial
General Liabilityin,"iirance shallbe endorsed to provide' Yhe Aggregate Per Project
Endorsemerrt ISO' for'm. CG 25 03 11 85. ' T'heTe shall b9 no en.dorse:ment or '
modification of the Comtuercial General Liability insurance far liability arising from '
, explosion, collapse or underground propart,y damage: The'Cify shall be'named as en
itasured under the Contractor's Conmaercial General Liability insurance policy with
respect to the v~ork perform ei for the City using ISO Addifionallnsired endoisement
• CG 20 1010 01 and Additional' 1nsUrecl-Completed Op°rations eadorsement CG 20 ,
, 37 10 01 or substitutr: endorsements providing equivalent coverago. '
. • 3. Workers' Compensation coverage as requiretl by t}aeTndustrial Insurance laws of
- ' • . fheSUta of Wash.ington. ' • - ' -
B. Minimum Amounis of Insurance. Contractor shall maintain tihe following insurance
limits:
1. Automohilo Liabilitv'insurance with a minimuin cornbi.neil single limit for bodily .
injury and property damage of $1,000,000 per accident 2. CQZnmerciaT Gerieral Liability insuranceshall be written with limiis no less that
' $1,000,000 each occurrence, $2,000,000 genneral aggregate and a$2,000,000 .
Agreement for Construuion Serviccs ' Page 3 of 5
. , • products-comp3eted operations aggmgate limik . . .
. .
. C.' OtherLrsurance Provisioris. Tlae,insurance policies are to contain, or be'endoised to
. . , contain, tha fo1]owing provisions far t~vtomobile Liabilify and Commcrcial Geraeral I;iability
, , : insarance: . . , , . . .
1. The Conhactoes msurance cflverage shall be primary uaswance as'respect the
. . City. Any Insirance, self msurancey.or insurance pool coverage mawtained by ffie
. City shall be excess of the Contract~r's insuu~arice 'and shall not contrSbuta with it
. 2. The Contractoes insurance shall be endorsed to state fbat coverage shall not be
. cancelled by either party, except a#ter ttdrty (3 0) days priqr written notice_by cerafied .
. mail, relurn receipt reqnested, has been given tio the City. D. Acceptability oflnsurers. Insurance is tu be placed with insurers with a oumentAM •
. . . . . . Best rati.ng of not less than A:VII. • . . - , .
E. Yericaiion afCoverage. Conlractor shall furnish the City with original csrtificates - and a copy of the amendatory endorsements, mcluding but not aei~essari.ly I.imited to the .
. addonal insured endorsement, evid'enciag Yhe insurance requiremenYs of the Cantractor
beforc commenr.ement of the work
14. Indemnificateun and Hold Harmless. The Contractor shall defend, indemnify and hold the . Ciiy, its officers; offcials, employees and volunteers harmless fro;ia any and all claims, injuries, damages,
losses or suits inciuding eitorney fees, arising oirt of or in connection with the performance of dus ageement,
exoept for m,Juries ancl, damages caused by the sola negligence of the City. '
, Should,a court of comgetent jnrisdiction.deteimine that this Agteennnent is subj ect to RCW 4.24.115.'
then, in ~e event of li_abiIiry for damages arising.out of bodity injuryto'persons or daxnages to pmperty caused by.orresul.ting £rorn the concurrent negtigence ofthe Contractor and the City, its officers; offcials, e3nployees,
• andvolunt.eers, the Contractor's liability kiereunder shallbe only to the extent ofthe ContraclDes negligence. It '
, is farfher specificalIy and expressIy:understood that the indeoaaificatioa provided herein canstitutrs ffie -
Contractor's waiver of imatunity under Industtial Insurance. Title 51 RCW. solely f.or t}ae purpases of this
indemnificadion. This waiver has beEn mutually negotiated by-the parties. The provisions of this sectian shall
survive the expiration or termination of the agteement . . .
. .1-5. Waiver. No officer, employee,,agent, or other individual acting on behalfofeitherparty, has
the power; right-or authvrity to waive any of khe, con,ditions or provisions o£this agreement No waiver in one
instauce shall be held:to,be waiver of any otber subsequent breach or nangerformance. All remedies afforded
in this agreament or by law, shail be talcen and construed as cvmulative, and in addition to every o1her remedy
- pravided herein or by law., Failure of either party to enforce, ai any.time, any of the provisions of tYais
. agreement, or to require, aY any time, performanee by the other party ofany provision laereof shall in no way
be consttued to ae a wa.iver of such pravisions, nor shall it afFect tbe validity of this agreement, or any part
thereof.
. . . . . , . . _ . - .
16. As.aiignment and DeleeaYiou. Neither party sball assign, transfer, or delegaf.e any or all of the ~ responsibilities of this agTcement, orthe benefits received hereunder, wit}aout_fi~-~t abtaining the written consent
o£the other party. . ' 17. Jnrisdiction and Venuc. This,agteement is emered inta in Spokane County, Washington.
Venue shall be in Spokane Couaty; State of Washington.
Agwraenf for Conscruction Scrvices Page 4 of 5
\ / .
18. Arbitratian. All disputes arising under this agreement shall be resolved through aibitration
pursuabY to Shate law. Rules for arbitration'shalt be those prescn'bed by *the'A.merican Assflciation of
ArbitraYiou_ , -
l 9. Entire Aereement. This written ageement cflnstitutes the entire and complet$ agreement
between tlae parties, aud supeme-des any prior oral or wriften agreements. This agreement may not be changzd,
, . modified, or altered, axcept in writing and siened by the parhes hereto.
20. Anti-kickback No officer or employee oftbe City, having the power or duty to perfozm an
official act or aation relaled to this agreement shall have, oi acquize, any intarest irs this agreemefi:~ or hava
soticited, accepted; or grzated, a present or fuiure gift, favor, service, or other thing of value from any person
with an interesl' in this agreeznent 21. Busin es,s RegisEration. Priar fo commencement of work, Contractor shall register with the
. City as a business. _
• 22. SeQei-abilitv. If any section, sentence, clanse or phrase of this agreement should be held to .
be invalid for any reason by a court of compeYent jurisdiction, such invalidity shall not affect tha validity of aay
Ot1P.I' SeCLICIA, sentenc$, clause or pltrase of this agreement .
23. • Eabibits. Exhibits att-aahed and incflrporated into this agreemeni are:
1. Request for ProposaLs for Sireet Sweepirag Servioes (Rk"P 07-001)
O , 2. AAA Sweeping Street Sweeping Proposal dated February 6, 2007; 3. insurance Certificates. . . .
. . IN ..SS WIDIREOF, the parties have executed dxis ageementi t}iisf-~Iay of .
• ~ _ .2007.
. C1TY ~ S:POKANE VA.LLE~C: CONT'R.ACTOR: • c e,
~
. c,ty Manager . owneT
Tax I.D. No.:
p APPROVLIU AS TO FORM:
. j, / . . ~ .
.
'ty 'ierk/Dcpu C' Clork Officce tlae City ttomey
A&cement for ConsGvction 5errices , • 1'age 5 of 5
. l
. , a
4 . . . : . . . . . ~ . . -
. ~ .
. . . .
. - . ;
, : . . . . . . r - . - - . ' . P..#P PACI&jT
. ~ . . . ~ . ~ , . . . 5rpo~~.e
. . r . ~ . Volp
~ . . - . _ Street Sweepjng Semees ~ .
~ • . ~ P1i.OPOSAY,IVO. 07-001 ~
:
. . . . - . . . . .
. ~ : . . : . . . • • • . .
. • . ~ ' . • ~ . -
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- ATTACSIIMNT' A - PART 1 GENER.AL ]UNFORMA`I'ION
_ A. Legal Name of Apglicant Camgany =
• 44,4Sule~42~~
B. Nam of Contact Persan . • .
$ . , , . .
' Title YYaw'h w ' • • . ' . '
Teleghone Nvmbar in.cluding azea code
e-mail addnss . . . . .
C. Did ouWde indivi,dualslagencies assist with piapazafion of this grojTam?
YES X ND
If -YesT', pleasa describe: • . ~ , D. RECEI'PT OF ADDENDA: Fim aclmowled recei t of #he follo ' _
, gc~ F wing addanda if axy:
. • Addesdaun No. Addenduin No. Addendam No. Acidendun No.
Dated Dated . Dat-Bd • I?atp-d.
I certify that . to the best nf my Imowledge.1he infoEmation contained in this Rk'Q foF
'quslifieaxinns is sccurata end complcta. end that Itave the legal•authoxity to commit this ageQcp
. to a contracEuat 'agreement. T raali# tha final fundi.ng for any service is based upon fimding
. levels and ihs epproval of the. Spaktno Vallep City Couaci,l.. . .
Pn~ Naiae . • Titl.e . .
, S A ar, oz Applicant Agency . Date
. , r .
~ ~ • •
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• ATTAG`ffi1HU9. A - PART 2 ' ~ . .
~ ADIVIINISTR.ATNE IlNFOitMATiON . ~ . . - . ~ .
A. FIRM: ~ ~ . ' , : ~ . ~ • .
, 1•. Name,of firm- y4 S-f.t1-UP &Y,§. U-C., ~ : -
.
- ~ 2- Basiness address including zip coda: . Po ZoY lOa CoA qRO37
3. Teleph4na numbei inclbding area code:
. . 4: Fax mmmber inchiding•area code: . ~D~ ~ ~'t a ~31 ~ •
S. Fedeal Tax Idenbficatian Numbsr: • q.I. 3 3~S ~ a-(~ '
6. Washington State UBI ATumber if issued: ~0 a 3`F (o LF 3 a . .
. 7. Side fridusfxiel Accoiait Ideiitificatian Number if issued: O O~ Lf 4~'7 - 4L f.
8. Following is a Iisting of iL]1 eagagements the cumpany h~as indertalnen in tbe lest fiva .
• yesis fhat hsve rzsulted in:
(a) Arbitratioa or litigatian aad ihe disposition of the, cases.
. . . ~ ,
(b)• Claims being filed by ffia Federal Govemment ar -tiie Washingtan Stato
. ' ~ • • . ~ . . . ' l}e,parhiients of L & L Employment Swarity or Reveiiue.
(c) Liens•ar claiins recorded-with the Spokaizo Counfy Auditur.by. supplirus ar,
, . . . " • - . ~ 'subcontractoig. Lisf wi& wham;~fnrwhat, aad amotant
. ~ . ~ . • ~ . ~ , . ' . . . . .
~ B. INSURANCE COMPANY: -
1: Name of Insmmce Company ACwdiGL Nav~f.~'~.W al~t . • .
2.',Name of Insurance Agent:
. ' ~ . . . .
. ~ . '~~ddre'ss'irtcluciingzigcad.e:-"--~6-f~r~l~t9~l~~•~~~ ~ ~ ~C2- _
. . • S pOkWf} • .
~ 4. Telephone number including azea code•
'Sa9-3S S • 3$00
. , . J
. 9TTACHkENT B-`BVALUATION CgITEB.IA AND WBiGHTS'
1. FIRPi B%PEP.IBNCB WITH SIAiILAR PROJECTS. AAA Sweeping, LLC has been ia the'contracti,ng busfnesa £or twenty-oae years. The company ha"s perfo=med Parking Lot
~Maintenance, Street Sweeping, Vactor* S'ervice 'and . $oad
CDA6•tI}tCt7.0II (Asphalt Planaing) in both the public aad private .
sec~6?:'• The company has performed wor.k in Washin,gtom,, Idaho, -
rS-csntana and Oregon. ' -
' AAA Sweeping, LLC ha's' per'formed sweeping se'svicea for the . ;
•folrowing muaicipalitxes: ' ' '
. ;
City o£ Spokaae Va1-ley Tim Klein . 509-921-1000 e
Sweeping Service for 2006
' City of 11f11wood . Cleve F+iccoul 509-924-0960 ~
''Sweeping Serv3ces lrom 1965-2006 '
Spokane -County ' • 509-477-3600 " '
Sweeping Services fo= one.pear ' _ . . . State of Washington " , Red Reby' 509-324-6000 ' • '
Sw=eping Services fos'oae year . i
Stata of Idaho Bob Ewing 207=772-1200 ~
Sweeping 5ervices for five years
Bureav of Tr}dian Sffairs
Colville Tribe Wayne gensler 509-624-2551 ~
~ 5weepiag Services from 2001-2004 .
Sweeping service's peiformed for the above municipalities ranged 4from one week to three months ia duration', with contract amounts ' I
ranging•from $ 5,000 to $ 300,000. 411 services were completed
ivithin timelines and budgets of the entities.
The key persvnnel aAd positions dircct].y a.nvoJ.ved 5.n thig., project (
would be tihe a$me personael as our company had on'the project i
in 2006. . .
2. PROJBCT DNDBRSTANDING & WORP PLAN:
' The preliminary schedule for Epring clean aweeping would begin
in .t•Iarch, •2006 with tiao complete crews. 4Je toould concentrate
on the priacipal, minor and colletor arterials YnitiaZly and
continue with residential roads per the City of SpokaAe- Dalley disections. The summer sweeping wouZd bega.m in June and again ~
in August with arteriel sweeping and' the fall 8weepiag would
begin in late September with arterials and residenta.al areas •
per the City of Spokane .Va11ey directions. All scbeduling `qouJ.d.
be finali.zed mith city representatives_prior tv beginning work.
. . , . ~
, .
The equipmant to be used for this coatract is.•listed below: -
1 6 Yard Loader - • 3 Air Sweepers ' - 1 22 Yard Uump Truck , . . , -
2 '4000 Gallon Watier ,Trucks . . , _ , . . .
1- Itickbroom.
3 • 24V-.chanical -Svreepere . ,
Our ' proj`ect" foremaa will meet da1lp with tha City. inspector
to diecuse scheduling or City concerns with the project. A1Z
work will be at or above in,dustry etandards,and we , do not foresee
anj problems out 'of the ordinary as proven in , our contract work
for 2QOfi. ' .
Recording keePing for sweeping will incZude trackiag of road
milage and hours of stieeping including s. teet .names/to aad from
and lane miles 'of swe~e.ping :provided for esch operator •and '
equipment on a daily basie. Disposal tickets .will be provided
on a dail'y basi,s: This inio,rmation will be submitted weeklp'
or ae required by the City. Billing will be monthly.
3. COST PROPOSAL. . .
The hourly rates for,each of the equipmeut it.ems 'is listed under
Coet Per.IInit (Hour) on Attachment C. ,
Fpr Special and Bmergency Sweeping Services to be billed at
hourly rates, the minimum aumber o£, houra to be billed will be a TWO HOIIR MIFJIPNri, , .
Regardiag discounts for early papmeat or inc-reasing the frequeacy
of eweeping, w2 do not' anticipate any' discounts. We believa
that our atncreased production will result in ,coet savings to
. . ,
' the, City of .S,pok'ane Palley.
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- A.'L`TACffiVlVN'T C - COST PROROSAL
FTEM . ~ COST . ~ QUAN'IZTY COST ~
PER T.3N1T . .
1 Mechmical Sweeper 3'7 0. 900 3 ao
d o.
' . 2 • Kick/angle Bmams . . 1 oO • 200 ~/100
3 . . Regeneralive Air SwzePer , '3I L 1200 , [(s~ °D
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4 Wa#erTruck I~~ 1200 '9vo/ 00 °d .
.
5 ' D=p Track/End Truck 1~~ ~ 80 g OoO ° o
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0
~ 6 Loader ~ lDO ~ 4p ^ ~
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• . SubtQtaI ~q347,760
Tag (8.6%) ~r7, 9 L-0 ~
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Iyyi rn.wv► erYi Ev~i omc. y aa, vl m4A -j'w 0Hvues . _
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ATTACHMEN'g',D~- BOND.FORMS ~ .
~ FORM OF BID DFpOSlfi- CHECK ONB: Ple&e svbmit 63is sheet-with~the bid depasit
GASg Aff'dGh f16 dEj3D5It bPWIId thL4 Sh6et ,
~ SURETY BONID Atfach bfd band bshind fhis s3ieet' .1T IS STRONGLY
. . RECOhRvMNDED THAT YOD U5I3 TSE ATTACFIED FORM ~
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FMM • ' . FFiX NII. . Fels.' e2 • 2397 20: 4:A1'1 P2
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BOrm rro: .
, . - - . , . Uffiev rt/A - si.a Bona
, - . Bm DEPosT suRM BoND FaxM , . .
. . Di~•OF'$~E~T slrec.~t Swc~pang sesvice~ . , ° .
P~~L°P1B~N~1~1-B~i 07~01 .
NAIS• OF
AAA SWEIIPIPdG . • VERADALE,. WA• ~TR2,rL .
• Tsertelars, Caeualty and Surety
We, ~+~~G esPtmcipe], ead-camDanv of America
es'Snrcty, ere'held and fuuily bannd uato fha CITY OF 6FORAN$ VALLEY, e Weshhkgfon State :
_ cipality. in pcaal s-m af FM PERC&NT (S:a) OF THE TOTAI. ANLOUNT BID, for tba
Pay~t o'f which nva jointty and nveraI}y biad omsetves, ensl oiir leza.l rep'resenta&ea and succ-camrs.
- .
- ' 'M CONDI'IZDNS OF TFIS OBLIQA.TION ara diat if dha City of Sps+kane vaI1ey shall ma}co timely
' awacd tA fhe Pr,iaaipal accardiag to tho tmms of tha bid decuments; rjnd th9 Pcincipsil shalt, within tzn (IO) -
daya eft~rnatice af ti~, awerB„ exchisive af 6w dAy of notice, eater fnto the contxaa vviffi tha Ci[y of
~ • LlpoYmo VaIley and fmnSshes fimcanirectafs bond (p:rFD~naaee and paymanf bvad) witIi Snr~ty .
s~:.~tx~iy tn th-,C'ty of 8pa1~ue ~valiey,in en =ouat aqual to one hnndrs3 p=eaf (100°f) of fhe
. amcuat.o-£the bid prvpQ~ incIuding Washingtaa State Seles Tac fhen this obfigshaa ahall ba nnIl and
. voA atfi:rwls3 iftbo Prinaipal fails tb entai intn tha contract and fi:raiah Iffic cantrac6ac`s 6oad wifiin tm(IO) days afioer nntice of tha award, exclnsive' ef tha day ofnofisN fbe amount of tha bid depasie shal( Iys
. foxfekzd Eo tbe CSty; but in no aveat wtTl Bm Sure.Eys Gabiiity exceed this bnnd's face amount , .
. SIMiEb ATID SFALED 1FiIS 6tli DAY OF Febrnarq YEAR 20 07
~
. . Travel.ere Casualty an,d Surety . . .
. ' tcrnga'4ysyo€: Antsrica 99A 5weeping, . .
. .~S. - - ' . PRIINCIP ;
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" s~~. ' • Si~ . . •
: gathy Jc•Gu'rleq 3rett R. Sargqnt
' ZypadM=a Typed N= a
• Attoraey-in-Fact • ' • ~ e;~,t~~jG,
r~ae
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- tA~AADtINO:TH18 p8S cV"~r QF 14FORNEY l5 INVALI9 WRNOUTTHE AW HOADEA
~ Pow~ oi~~ro~Y
TV. .
~,y C,,,~,y St. Panl Gunrd3an Tnr~auce C:ampanP .
_ FlddiCy ~d GUATmtY In.surenc= C071~Puuy St. PAuI MflL~'f Tnenes~nra Glpmp~ Fdd;ly and Goarmmtp la.„itranc- IIndercvrifcrs, Inc. asvelMM Ca,*vattp end Sursty Compant • -
• 6eaboard Smety Compnny 7Y3ssders Camalty aad Sarety Can►pany n[Amtrica
6S.•Penl San snd Maiiue Inwmmnea Campanp . Qnitcd 6tatrs R58ctity nnd•Gamast7 ComPanY
Atrorney ia FauNn. 214713 ' CrrtiFnce ro. o a 3 0 0 2 s 3 HNUW ALL b'M BY TS= YRB5ENT8:17mt 5caboand Svicety Oomp..oy iu a eosppratinn dnly mganizcd uader Ihe ]nws ad the 5tnto af New 1'odr, thnt St Paul
Fue Emd Madns Insmance ComP=nY, SL Paul Qwudiua Jaanxencs Cnmpany ond SL Puul Me.tcury 7n.~anGS Qompany ere cmparsti~s duly c.Z:mi~d nndar the lawe
af t3s Ssmn af 2vSnncoom, that Fa-iogran ~."usltY ~P~Y.'~velets Crsuelry end Sm-.Ay ComPuni', affi11tnvelas Casuaaty aald SnrttY ComPanY af Am~cu cae
corporabaas duty ozznn9z--I mda; 15a laws oi tb-- SbLte af Ovnnxtiwt, lEiat UaiQd 5tstw F7deFlty imd C3ou=aty Compaoy L^ n wpo.-ation dul'y oigaaiz.3 undc tb,--
laws af tb8 Statz af Maryiccd, that Fadcjity :md Guarnaty Insnaox Campnny fe a capcxalian.dnZY aTgsem7r.c1 and= tha laws af E6e 5Y.ito of Taa-a, aod tLqt Fsd?3itq aod ,
. Quaffinty Fasuma:c Cjndcra:imzn, Ine, u a cmporatiaa duly o:ganiud under the lawe af tbe Stne of W, rieoncEn (hc.san ca1lr..ctiv:Jp wtlul the "Cumpnoie..11, =d tbat
tLe Campsales dn hcr~y m3l=, cnastiwte ead eppoini • ' .
Chri; Larson, Genrge C. Schroesfer, Lais Stewart, UW.W. Wellsr,lNm. Dinn`en, H. Keith fdicAlaliy, Kattry J. Gur{sy, and Dafee Maua
of [im Ciqr.of ,~t?o~CanP . Sm~e af WashinMn ~~icu t,= aud lawfu] AttaQneY{a}Sa-Fact.
CALU S71 IfI:.Q 6~SifLfB CS~GI~I IP ID[R'C ID9[I OLID i8 [I877^d HH6VC, tn 'sip, ev.cute, s-~l nod arlaowt~e any rsd 'e[i boi~, eanym~izances, condnianal andafzl~~ end
otba walin~ obli~y ia ths n-m @iecenf ca bahaif aP tho Comp:mi:s in'the3r ra qtgnaznatec~ng fhc 5ddiry af pe~ns,.g~c~tecing ~he pe~aac: et
mn~cts ZOd tucuEing oI ~na~~_rir bumde ued lmd~Jd»~G-reqn9rcd os p~~~i,~~+an~nas ar:~ri'B,~adin~ aTfocvcd by 2nw.
~
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INVMW ~iQp, f~la 667LD~ ~S,}1d1C WUSed 11i7.: :F 6GilB ED tl'C iSC1C}I1 H~{I7CGd~ th1s
~ ~ . ~e~cuazy! : . - G6
.
. : ''61arm~bIIma ~ItY i4oi S t. Pnnl•Gwirdiun•Insnr~c$ Com9
b7deTity s+nd Quacmmiy b't. Pnu114lercary Inmrnn~ Compnny F58eti4y. nnd Gnarnnty: adarwriteas, Tne. Tmvelcrs Casualty end 8uely Camp~y '
Seahonrd 6m-ely Company . Tr•►veJus Casgalty aud Surdy Compaoy of Amcrica
6t Paol Fre an$ Martne In.,7ir.uice Comp:my Unttcd Ststes EdeIlty and Gnarsutp Qompetry
~wr ~ ~Rtk ,.9 II.~r~, ` K~ a .~d.►~~ ~ uersdr~ ~.tisr uy`~ , tv~~
' -5 n ° ~ RSU3+4!!~ ~ • ~ K g tA'A_~~ ~ 0 1uRrn~ j . ~tw~rtnr~i S c ocvior.'i~
~ ~vea ~ 1977~ _ 7851 i~27 q tySEAG b ' ~4Sb.L g ~ W+~ w~,a o ~ t098 ~
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scatc orcomerilcuc sr.
C51y of Aartfnzd ss. • , - . . . n til umasa-eeu -ve~idens
On tfsi.s t6e ~d ~p ~ February ~ 2005 ~ 6dnce Er pcnon~ifY aPP'ar~ G^org9 W Thnmpstra, tvdo ac'saowledged
himcdf m he the S1enf es Y"cco Pte:sldmt of Famlingtan Caumalry Cmparry. Fidcliry md Gne:anty lastawco Compaq. Fdelity aad Guaianty. Iusmams Undawrilers,
Tae. Seabaixd S1usly CnmPany, St. Faul Fice and b4neine Im-imaea Compsny. St Peul On3cdian Insursnea Campaay. SG Paof 2&may Insuagn~e anmPeay~ Tlavd:rs
' Casaal3y and Sltrel9 ComPanY.'neavettat CatusIty ¢nd 5n=1yCampaay af Aracdcs, and IInItt3 States Fd:1ily end CsuetantY Q=P=Y, and that La, aa avch, being
authoriud eo m dn, exu.nted thn foregoing Inst=eat for thn pmpos:s thr.rein caataffi-Jd by mgniag on bchalf af ths cwpcistioas byhlmse]P sa n duly nuthaxied officrc
Iu Widyes Wherro[, I haeonm s_t my 6eud en.3 offir.ial scaL
My Coma►ission exQir.s ib: 3Qsh d3y of hma, 2006. n A(l8L1~ Mmi: G TeaseuB, Notary PuM'ic
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. 56444-9-05 Printed in U.S.A.
WFiRMNG:l1i3S Pt7iYE-Fi OF kTiORA'EY 13 1 NVAUD 1hTM0U7THE RrzD BORDER
1+d. N6=TMI5 0 1~k 4r' AT7O I3IKf,4LfDP0REidlJT 7Fh_ ._~nB4RCM} 'lhfs PatiL':r of A1lora:y- Ls grQnlcd ond:r and by th- nuthuily a€#h- fnlinwiag msa7AOTS aAoptd 6Y Ihn Baamd¢ a€DLtit--tcrrg 4FFaM3iQgian {}~PJt}' Cbn4nanY, E7d -Rry
~ nria Cruaianty Lisuraora Company. Fdclity eod Oumaty Ensa+cac- Dnd-arweiL~, Ino, SMeb4Md ~vGty GbMPauy, St PnW Fut and hfa237°- IrrSUrancc Compaily,
~ S~. P'ev] Goardiun Imsranx CornpaoY, S[, Paul Meevury Ea== CoMpgrry, Trnv~lors Cuutr]V aad Sair.y Oompmy, uave;~m C%aeuelty uad SuIFnq oampbey aF
Arn:nq, msd Uni" &lates Flidoiity 4hd C+Lmanty Cmr-IOY, whkb tesalutiow u- rovr in fmll fi¢co and --9ct, resSM5 n iolfaw= .
RRADLSrED, 01:5L 141e (MRk=, tho Ftieaidook, raiy Yee C^hpi~ian, pny ):-l=l5t3ve V-cw PTeEid:ot. aV &enirl Vin E%esid--ot, eny V'r_b ?VE4cidw4 an]' 3c:ood Yc:
PWid-vt~ &Z T12,-so=, mY Axlsmnt TYraswer, i'ne {3o[pxoI-- E=mra+ aff cvy AesTLA~nt 8imnmrY gaY aP1f°irit Aiba~y&-t:L-FEet 4Ld Ag=ts m act foF e3d 4p b:hnlF
aF ehc Cbmpaoy ilA m$y S'ivv such appainix xuch . u9ltofiLy aC bEs or h:: setllf cicile of-dotl]p* rnoy rz-_=6; m sigp wia;L 'Ina Co~s aema wpd 6:21 witfn tbc
Cmnw~RY~ 6fi.e1 b~~~~ rx~6,~sfzances. con~~ o€ indemnity. anJ oths wn~ogs obLigamry in tlr nemre o~ e foo~~ nT ~Pp[17Limu3 9oderttk~ng, ~d er~Y.
I ad sa~d afn'c.ers ar IFe Bocrd n€ Dixcctors Gt anY limt 1my reP4airo aS1y 6nr$ cppplpte5 a+5d mvo3x ¢La pGwst eveo.hiro or hs alcd ik is
I HMT$M RE30Ll'ED. thal Ilio ChaitPaoa, thv Presjdmk ury Ycc CnEirp~ iuy Fmeoh•rc Yim Pie61d'-71;, gpy $s~ur Yrm P[&d-nS or buy Vi. ~~~Jcn1 may
~ d°-l°- tc,e]Y oFEm~~ of It7c fo ioo outboo4' tv o~t•. or rim: o~i= at e~D7FGes nF ULis ~ui mvid:d ~et a3ckr~+:h d'le -
. therco~iS~ 1 ~~If+ ~'3+; x, P gouoa u ln srik~0 e6d a taPY
E~~~~ e S' end it ia
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$[3R~ .~3,DL~kE41, iiat'JMY)Q~ P~oSn¢encf. comtra[ aE ty, 41 W6fing- ahEg4lbty i0 ihG aa~c of a 1s7T]d, im~al=arz. ar cMIitS47Lg1 GhduLlking
shpll;~*id nnd-'pandih; upoolhe CbMpHml w* {n] sfgnsdby Ihr Presid:ut, Emy Vcb CJyoirmea. a4F Sxetutix'-- VoR presidjot,eyp' Se.tior Y= Rrsidcusru eny V'Get I
pruideek, my,Scaomd `A[e Prns~doift.ihc Twumtter. ooy AGsistaut'fYeesiuer, tb: Ckupo[Et~ oT a°}' AmirmC Se~e~rp and dnly eM=td end snlEd wi1b. 15e
CDrn;-.ay's 6: ul by o Sk=tr~y or A6insnk S^vc=y: o' (h) daly :ucubd (uo3..-r sml. iF ne4ua4 E"Y [ws or mmc Anumcyc'jnF`'"--1 oiid ftrnM'jY5tsoMt to th: pawcr
pam'b:.d io hiF Gr her cuti~[:PFe p[ thc3r ccrtd5r.= oF h1ll~.~ 6t by-=? G7 1riM C~ aG= 7,rcnemt t, c ara= d:.icga6 on o€ uWeSrlty, nn.d !4 iz
. F'E]FCTHEr( RSS[rl.7i~LD, dpat thn sUosvtre af o-~ of t°- ik11owjn$ aa-F=; Pruidenx erTY P,7C_-eietive Vrx lhlid.;nt, ERY Smdn[ VlE2 YLSSidML, wry Ys- Pr.adcn[, .
ffjHd -cjt; RYq-SM ,~y~A6515ti50r~~rt] s`~l Co~paQy may T- s~d bp fe-'~#679.5 16 !D}' power vf aimraMy or m aay
~ ~ d r s L t ~ccPrc~o~,~dook h 5 5 i ' 2 ~ C S : b t ~ d ^ 8 PT f~ID0y-io'"Fc.'t fo~ k'u~ GS`.S 4mly od a~..--utiog ~d au~5og bo~ds
ti ~~vrN:r~+ii~ng:otiligr~ylnCkraasl4[g ffisrcof,andavysu~podFernF,oiloroepMtCntF6rRietudn ~'7amgoe~ssari:~,~eD~l:kwq
_ ~ .:-.h~~'u~id pnd ~~r;d~ir~npca thM Cna~puiY ~nd ony such powor sn e7xx]~k:d dnd Cq'~-d try s¢~ tcsimi7e sibm2ttsc Ead fmi7G17s ;e~16lot bp vulid hnd bindiklg on Lhe
po~pany in Ih•- furUra vri5il MPpxt m or.y band oP unI:Wamdimg m cdJEi:h et u atlach:d,
f,i{odi.Ts€.7oSisson, tlleondersigri-A,AC:i7entSeM*.h*l afFu~in~lomCe:tialtpQamp~',Fda13~6ndOu5~n~'Im.~ran~Comoeny,F~LFityendGee3rsrqrla,oeanM I
s~a s~ oo~MY, sti e~ F~ ~l r~~O ~o~' SL rft.&i aURdin ElMOnc- ~~Eny, sL eailt r42MI;y b=ra=
r-nmpunp.Tinv:lNc CULLLaty amd Surey Qoang-Y,7ravef:r Cflxualty epd ~ ~Vnlied'Sp~ies Fi~~ 2md Ru&a-j_tF ODnyPm7 do hrsjb3F
=rhfy Ifnet tfnc ubMve md famgoing ]r o t-10 and ctrUeot cppy uf E[g: l3o~- psnN-~, vALWe io fiJAnd eG~-t end h.is not bxo
~
'i7l4[C~PtY ~REDN,.! hnw Tner_-Join set my ltend~~ ~~~f~ thi~ a7
iF+~ ~ES ~
~ +
KltFzi h4.lahuas A&iisbud &-.cmtry -
V~ rL k + 4 Xti l~ ~~I~aty_ s'-Traq: ~p~q ~fYP
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vuify !b5 au16-oCit1Sy d this Pomer o-,` APGOroay, ea1] 1-80U-421-3&6a oroom3d tis d wxs+.~eo]ha~:~ers5on3m~, pi:sso eft mffis ACOCVry-Efl-~rz.t rnmsber,
Uns uhcrle-[iEoed bdviuualr :.nd tLc dedpSiC af tbz boad Co whieh ths posc+er it WUohNd.
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- '~lJtiRkIhPG: ~F{15 PDV~ER OK ATTdPI+EY LS rhNAk3p 1'~iTFlQlIP TM e F~Z~ ~~RpEA
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~ ~ . . ~ . 'I`T& ~ ft E - SIGN.A'T:UR-t PAGE , - .
~ ~ . . ' ~ Dabe: -I2L-r 2Go7. -
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. , ~ The imdersigned bidder-bereby paopases and agrees to deliver the eqvigment and/or setviccs
puz-mmt fo the.2007 Stieet Swezping Services snd,eIl ot~.er teuns end.condition"s of ~is R,equest ~ .
~foi Bids within flurty days of full'execufion of such Agr~ement. .
No bidder map wiffidiaw his bid fnr a geriod of 'ninety (90) days alkr fibe day of bid upening: .
The req6ired.bid secuaty cansistimg of a certified aheck, bid bbnd, or cashiees check in an
suwu~t of not less tbaa five peicent (5%) of the thiEl:amounf will be delivered to tlie Citp..: :
The nmdersigned iadividual represeids and wazranfs fhat he or she is dnly authouzed to ,
• =cute the bid en beha]€of aoay paztnership, jomt ventuie or corpaiation. ~ ~ . .
&VaPSNEIR - 'riausl Company ~
(Delete 7vo)
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PC) e)v-~~a~
V'b%a.da& ,orc G2llo 61 ~
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~ APPENDIK C-- SIIPPI {'N1EN'TALTO WAGE R,A►'FES • ~
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WashFngton Stafm DzparEment of Labor and Industries
Policy Sfatemertt
(Regarding the Producfion of "Staindard" or "IJan-standard" Items)
Selaw is ths deparEment's (State L&Ps) list of criteria fo be used in deierri»ning whefher a
prafebricated item Es °standard° or °non-standard°. For ftems nat appearing on VJSDOTs
predetermflned Iist, thess crtteNa shail be used by th? Contractor (arid the Contrac#ors '
subcon6actors, ager►ts to, subooniractors, suppliers, manufactufers, and fabricators) to
determine croverage under RCW 39.12. The producEion, iA fhY S{ate of Washington, of non- ' statdard items is oova2d by RCW 39.12, and•the production af standard ifems is not The
_ production of eny item outside the State.of Wa6hington Es not covered by RCW 39.12.
1. !s the item fabdcated for a pubffc works projpcf? [f not, [t is not subject fo RCW 39.12.
. • lF it ls, go to quesfion 2 '
2. (s fhe. ftem fabricafed on the publla wotics jobsite? If i# is, the wark is coverzd under
RM39.12. lf not, go fio question 3. .
3. Is the ftem fabricated in an asr>embfylfabrication pfarrt set up for, and dedicated
- primarily fo, ffie public works proSect? If it is, tha worlc rs covered by RCW 39.12. tf not,
go to quesbion 4. ' •
4. Does the item rzqui2 any assembly, cuffing, modifecation or other fabric.abon by the,, .suppiier? !f not, tha work ts nQt covered by RCW 38.12. Ir yes, go to quesflah S. _
5. Is the prefabricated item Pntended for fhe pubfic wprics project typically an iriverrtory ibem
• - tivhicit could reasonabfy be sold on the general macket? If not, the w°rk is cavered by
RCW 39.12: If yes, go fo quesfian S.
' B. Daes the specifia prefabrfcated item, generally defined es standard; have any unusual
. characferistice such cis shape, typ-& of material, strength requireinenfs, finish, etc? If
yes, the work is covered under RCW 39.12.
Any flrm with questions tegand'mg 'tFie poGay, WSDOTs Predetermined Ltst or for
determinaUons of covered and non-povered workers shEill be dirtcfed to Stafe L&I at (360)
802-533D.
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' . • _ Supplemenfal To Wage Rafe,s
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ATTACHIVIENT F-SCOPE OF WURK -
AtSiA Sveegin.g is locaL•ed at 1616 S Adams, Spokane Val3.ey, WA. This fficcility is used for
. a~~ist-dfive office, and swre and smice equipment .
The hourly iates prasented in Atiaclzment C take inta 10-hour days and oveitime, vrages-will . be. paid ia acxordance •with L&I Prevailing Wage requirements and es speci.5ed in Appendic
B of tht'RFF' No. 07-001.
spling cjEamR o2erations . . Spring, cleanup will begin as sDon as wea8a.es pezmix and be completed by Juae 1~. Residsntial
. strqp-ts will be swept brtween. thQ haurs of 7•am and 10 gm Arterials dffll ba* swept befvveen, 3
. am and •7 am before traffic becomes heavy. Crews will wo-rc 10-hour days. 'Ther6 will be 3 .
crews available fa conduct the sprir.g eleamip operalions. ' .
The spring clemup will have the foliowing crews available to the City:
1. Crew 41 wi.ll consist of a meehanical sweepez which wiil be followed by a
reganeiative air - - 2 Crew #2 will consist of a mechanicd sweeper which will be followed bY a .
.r£generative air . . ' 3: (iew 9 3wffl coasist of a Iack broom. ~ A water trwk wi]1 be used priar to the. mechan.ical sweej= to cantrol duA as required in -
Se.cfion 4.5. After flushing fhe.streeb with the water tru~ streets will be sv'vept within 48
. hours. A)ackbroom may be used for slaoulder zoads at lncations apgroved by fhe City. :
Prior fo sweepiag fhe roadway, sidewalks will be cleaned as needed.. Street sweeping will ,
preceda the striping operattions done lry a separate cantractor. The center lanes will be siyWt
first amd onlq on as needed basis or as direcbecl by the City. Pziazity will bc given to fhe ;
- cenberline of prizcipal arteriais, then to mi.nor erterials, and collector arrerials. -I
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The Cify vrill grovide us with 1'he schedule.of tlie striping raew. If the striping loralions bave
. 'not bcen sweM we will movc thc sweeping operations to the next stipping locatioa to ansure
. sweeping Pracedes the striQping operatioas. .
S,ummer Cleaaun 012erations - , .
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Summer cIcauup wi].1 begi:n by. June I S' or as directed by. the City. Th$ second summer cleanupwill be begin by,August 15 or as dizected by the Cify. UnIess d'uected othezwise by
the City, summer cleannp vvi]1 concentrate on thc aifierial streets. Axteriais will be sw-ept .
between 3 am and 7 arn before braffic becomes heavy. There`'wUl be at least one street
• sweeping csew available to'c;ontluct the sumnaer cleaaup operations. Ciews will work 10-hour days. .
The summer cleazup crew will consist of a regenerahve air sweeper.
\ . .
L
. . • -
When requested by the City, a water truck w1l be,used prior to the. regenecative air swaeper to
control dust as required ia Sectiari 45. After flushirig the s[reets with the waier truck, streets will be swept wiffiin 48 houis. A,kickbroom may be usei for shoulder roads at locations sgProved by the Ciiy. . . . : . . : . . . . .
~all Cleanu~ Operati.o~s . , , . . . . . . '
Fall cleanup will begin when directed by the City: iJnless duected othezwise by the City,_ fall
cleanup operaiions will conreuh~ed in the fall priodty area shown in Figiae 2. Arteaals*will
. be swept between 3arq and 7 am before traffic* becomss heavy. Cmws will work 14-hour
daps_ There willbe 3 crews avaiiabl0 tn conduct the fall clearup aparaiions. - 'Each of the fdl cleanup crews will cflnsist of A regenerative air stivee;per. When ieqnested b3' ffie City> _ a water liuck wffl be as~ed grior tn the regenerative' air sweeper :to cnntrol 'dizst as
r6qui.red in Sectioa 4.5. ' A fter fYushing tle streets with tlie watea tivck, streef~ wi].I be -swept
within 48 bours. . . . . . . .
Street Sweevin-g Disvos and Aandling . . . .
The sprmg and summer sweepimgs will be tansported to Chester I.andSll, loaeted a# 40' and
Saads, Spbkane Valley..'This landfill does not.accept pine. ncedles or leaves. When pine
needles or leaves are present, the sweePings will be taken -to tbe tr, ansfar, . station located at
Sullivan and Trent Avenue. 'IlLa City will pay the tipping fees directly to Yhe ownet of disposallocation .
The storage sta.tiana will ba used to smre the sweepings when -it would eXpedibe sweeging . '
operrafiams, unless dueoted atberwise by tlae City. We will Iet tlis City InsPector lnow when
wo uatend to use these locations. The sweepings v+ii1 be store,d on the gravel or paved surfaces
, at areas idEntified by the Citp. All sweepings.will be renwved by the end of the week.
Sweepings vvill be coned o$ and covered when rain is exprcted- . .
C'oanmunicahon. - • . . . . - . . .
T'he designated foremaa;for this project will meetdaily wirh the City Inspector or es requ:ired by .
' . the City to discuss schedul.ing of City coneerns.with`tbe pmject Tfie fioreman far this project is
Bave HuIme and his cell phonp zmmber is (509),:999-6425.. The £oremsin wiJ1 have a cell phone
. af all iimes during sweeping operati.ons.
•
' Tae foreman will report any and all equipment breakdowns and repa.irs to the City -immediately.
71iis infozaation will also be documented in the dailies including but not limited to date, time o£
breakdowns, down tim$, breakdowri lacation, aad feason foi breakdown. •
..'Ihe 'foreman will ~ contact the City Inspector at the end of the week to report .prvduc#ion,
problems, aad echeduling. . . , . e . . . , ' _ . .
, Our camgamy 'vvill respond within, two hovrs tn any ingviry, :telephone call or. ezn~rgr~ency
situation aziginating fram City stafE
• . i
. ~ . ~ . ~ . .
Equi.pmenfi 7menfiorv - , • . . ~ ~ ~ . -
. . . . ~
The equipment that we will use fox ilus. contract is' listed belaw:
. I ~-QWt`VffiNT TOR SWEE PIlNG• CVNTRACT . _ '
Tx'P1rJDEsCmPTtON MANi)I~'ACfiURim/ 7iEAn ~ IVIIGXIAGE, lYIAIlY On CONDITION ~
OF EQUII'IYII.TIT ~ b20DTL . ~ ~ . . ~ ~BACKOY ' . .
~ ' . . , • ~ . .rqQUII'11W&NT , . . .
.6-yard Loades ~F.:,f- • ~ • 2
~ Z 2 0. Z z
12-yazd Drmp TSUCIc f(t~-r wor1~/, Q, 1 74 , • ' ' ,
Ki.ck Broom '
414
Air SweepGr#1 ~f.r
FNT~ 60 0 ~ •
.Air Sweeper #2 7'y-,;, ~d ~ 9 9 ~ ~ ,z g 6 a~ /'.?G. T ' • ,~.t-~ ~ //~7 ~ .
r Hp o o
Aitr Sweepoz #3 • ~y~r ce ~ ' ~ ' v ~ .
~ ero
IYlechairical Sweeper
#1 ~ . % 99 7 ~ /SS3Z
• /YI So o~c5 f
MechaAical.' Sweepez
/'rlSooo 7 . Z oSS/ i1/la.~
, Mechacrical - Sweeper
43 - / 9 y' S~ ~ 3i~SS~ • ~ ' Xce l~p~ ~ .
~P Gwy ~
~ 4,000 Wate7C T7CUCk #1'. F'r.c." l e. /„t-•• . / 9 ~'i'3 A~A . .
' vc/f s ~ 2- o03 ~~r, q • A,:~cv, ItIc°y ~ • .
4,000 Water.Tiuck#2
. • . ,
. q '
~ . BOND NO:
~ley 104862312 .
~ . .
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND TO DUAL OBLIGEES
By~ 7~S S t_ e in ~ L~C , `(Canfracmr), a9
KNOW AL'LNigN ~
Tr ve7ers ~~~a2~~ -oni-~
. Principal, end ~ A~ ~exic e (Bond~ ~mP~Y~:~ S~Y,
a ooToomtion of ~Q~n*+'p nt i rnt' wbose principDl offce is tocao¢d at artford,
Cnnnprtjriit 87'0 firmly b0ltnd lJIIfO the $tAIe Of W86111I1$L00 BDd
the City of Spolmne Valley, a political subdivision the Statc of'Wsshiqgtoa, as Obligees, to fulfil] the obligarions of the
Prhicipal ead: the Surety uades the Contratt tv which refemce :is hereafier made, ia the amouat of
$ 473, 687 . 00 . • ('uicluding 'wasitingum Stae sales tsx) for' psymcat whemof
Prin'dpal ffiid Snrety binil1hcrose.Nes, Ebeir haus, executois, admini0acacs, successors' and assigas joiatIy aod severally, '
£txmJy by tbese psesenb_ -
WHEREA3, Prmcigul bts by wrizun Prnpo'sal dated 2/06/07 offarad W cntcr into a Coritia.ct
with the City of Spolane Vallay fiai Cohtisct No. 07-001 pursuent. to the tcrins and canditions sot forth ia the
Contmct I?araaiaepts datsd '
' NOW,'I7PREF,ORE, fie candition of this ubligation is such that if the Principat shell faithfully perfotm aU tha
provistons of the Coatract on its part, and pay a!] Iabomrs, mecbanlcs, avbcont~dnis ~d•maie~ial supplieas, and all
peisons whb stpply suc}i pason or persoas or subcoakactars with provisions gnd supp6es for the eacrying on of such
work, arid {ndemnify aad hold hazmless the Obligees from aI] ]ass, cost or damaga which tt may suffbr by reasoa of tha. Caiiuue tn do sny of the fortgoicg„ tfien this obligadon shall ba null and void,• otherw{se it shall mmain in full farce and
effect. ~ . . . , . ~ ,
- A,11 pcrsoas who hava Cvcnisbed labar, metm9sls or supplies far uss in and about the wodc provided far in tha -
Contract shall have a dhwj right of activn under this bond, to the extent aad In tho mannea set forth m RCW 39_09_ '
- ''Ibe saEd 5urary for value received herqby stipulates and agrees t~at Qo change, extension of timte, aUezabtoA as
eddition to the Lcrms of the Carnratt or' w thb Vt10ItIC to bo perfarnied c6ereander or the SPECIFIGAITONS
accampauyiag tho same sbali ia aay way affdet its obli.gatian ea this aONA, 8nd it dnes hereby waive notiae of atry such
: charigo; 'extension of time. slteration or eddition to tha' terme of the Contract or to tha WORK or to the
SPECIFtCATIONS. , '
No final seutemeQt between.the OWNER and the CONTRACTOR shall abridge the right of any beaeficiary
' hereund~'sr, whose claim may.be vnsatisfied.
,
Si(3NM AND SEALED 'IMS' 14th DAY OF' .14ar ch YEAR20 07
TraveT rs Casualty aln-H7urety • • ` -
' AAA Sweeping, LLC •
SU~tBfi: PRINCIPAL . - -
Sign . SiDiahu,e : .
Rathy J: GurTey . Brett R. Sargent '
TypEd Neme . Typed Name
Attorney-in-Fact ' Afember • •
Titlo . • 'X1de . . (Sg-AL) . . • ' ~
. ~
' ~
• - VVIaRP11PX"'1-1I9 POWER OF ATTORNEY IS fM~AL[D WTfHOUT TFC AF zOADER TRAVELERS . . . . . : porvExona:rroRNEY . . .
Fatmington Cssualty Company • SL Paul Guardiari Jnsurdnee Company
Fiddity arid GuaranEy Insurancn Company SG Paul Mercary Lutirance Company
~ Fidclity and Guaranfy Insurancc Underwriccrs, Inc. TravWers Casualty ond Surety Company
Seaboard Surety Company . Travelcrs Casualty en3 Sarety Company af Amcrica
SL Pau1 FYre and Mar[ne Insurance Company Dnitcd StaGs Fideiity aud Guarantp Company
" Attornag-In Fact Na 2182i 8 Ce~~~ No. 001405472
' SNOR' ALT.1'LEP( BY THP.SE PRk:SLT"TS: Thai Seeboard 5urcty Compaery is a coiparatinn du]y argamta! andex the laws of t}e State of New Yoik, t6at SL 2raul
F'uz and Marin; Insursnrx Company, 5t Peul Gnardian tnsumnee Company and St Pau] M:scury Iitsuianca Company are wrpa=alivnris duty arga*tiz:d umdrz ffie'Faws
ol the Statn of Mfinnesote, tbat Farmiogtan Casualry Company, Trati~ers Cesualty end Snrery Campnny, - and Traveiers Cimelty and Surety Company of t[medea are
corparations duly organized undci che laws nf che State a€ Caqncctitut, that Uated Staies Fdrlity mfd Guarnnty Campany is u empxatian-duly arganirud undc: tne
ta•xs af the State oF Mary1a.-ud, that Fdelity sud Gusraaty Insurance Compeny Es a ooeporadoa duly .mgaslizsd.undr.r the laws of the Sca?c af Fnwa, end tha: FdeEiry end
- Guaran.y Insurancc Underwritws, inc. is a co¢parauoa duly cttgnnized undar th-- ]nws of the State af Pliscons'tn (hwein cailcraivrJy eslkad che "Coropanies'o, rud tisnt •
che Campan;es do hcrcby makc, coasvwte and e}spaint . • - ,
Chris larson, George C. Schroedsr, W.W. Weller, Wm, Dinnsen, H. Keith McNally, Kathy J. Guriey, and Dalea Moua
, af thc City of -SppkariP - Slate uf ' Waahingtnn the9r uve and lawfttlAttotney{s)4n-Fact,
esseh in ctteie seQarate csp3city if more t6an ane is nsmed above, tn cign, exccutt, serl nnd aeknow9edga any and all bonds, recognirawocs, cnnditiona9 uoc6:stakiogs and
nL''u:r writinas oblfgntory tn die nature thereof om behalf af che Companics Efl thcu business o~€°uaxnnteting the 6dcliry of persnae, ;uaranteeing th_ perFormencr of ~
contracts and e~wcu6ing or pu~^~n[eeit~g bouds ea~d undercnki.ngs ret~u'trcd or pcpm_it~$'ina~ey~aegons ar,p'ro~isgs allowed by law.
~w 4 t p,•a. ~i q `z` ~Y'~ .
c.~ d ~~r~+a,ncporatesenls to be herUo ai£aced, this 2~ R
.ty'c~i,~;n ~
TI WITNHSS ~OF, tbe Cwn~anies have taus,cd this insct~ita~4.~
d~,~ lanuary 2Q~D7 ~04, r i~~ty, ;
o~ . . . '
Farmhtgton Gistr.zltp C~1).~ St Paul Guerdian Tnsuisnce Company
e
Nidclity nnd.Guaranty•`~ns'~~ cE~~~C{oidpac~t~J 5G Paul Merc~irp Lnsuraiuce Company
Fidelitp and Guarsntp Insuce fJnderwr~ers, Inc. 1Yflvclers Cosualty und Surety Company
=
- Seaboard Sarety Company Trsvclers Casualty and Surely Company of Aroerlca ;
St Paial F1re ond Ivlnr[ne In."ironce Campany i7nited States Fidelity and Guaranty Cqmpany i
1
pr.eu,k` ~~y! ' ^53~j' J`ktic 6 6`~4 I~gLS ~ws~ ~iT A~pC a~yy~Ca YA~ .
or~', 2G 9 ~ R~+¢n • 192i a°~ m i~ c5j ~ g w:~ssr+~ i~+.~ro~a ~5
s; 1977 ~ 185 o SEAL S SSAL ° s caa e M»9
a ~ a ~f . 7 /lSto
State of Cnnneelacat By: '
City of Hartfard ss. _ G 77amp:on, enier cce Pr.aiuwt .
On this the 24th day of Jef1U3ry . 2007 before m-- persanally apirarcd Gcrnge W. Thompson, who ar.lcnawledged
himsetf to he thn Scniar Yce Presider.t of Farmington Casaalry Co:npany, ~Fdellry c»d Quseanty Lasuranes'Company, Fdeliry r.nd Quazaaty L-ksw-ance Undecwrius,
Inc., Seabaarl Surety Company, SL Pau] Firc and Marine Insuranca Compasey, St. Paul Guardian Insucacice Company, S6 Panllvftrcury ln,urana Company, TtS,,rlers
Casualty end Sumry Comp.any, Trnvelezs Crsualry nnd Surety Company of Amesica, anM United Stacrs Pidelity and Guaancy Cvrngany, and tbat tre- as s?ceh, txing •
authorized sa to dv, executed che farcvoing instrum:nt for the purpasu therein containud by hgning on be6nlf of the corparatzons by himself as a duly autharized offixc ,
p.TET . .
. 7n Rr'Itness 1i'hereof, I hereun+.n set my hand azid oClicial seal. _ ?~4y Camrissioa :xpitr.s tbe 301h day of ltma; 701l. n d `Iwarle C. Teu•_an(t, Abtary Pubiic
~ .
58440-8-06 PrEnted (n U.S.A. ' -
YIARNING: TKS P04"JER OF AITOAKEY IS INVAlJD WrfMAUT 71-IE RED BORDER
` ~
- • ' ACORD,N CERTIFICAT` OF LIABILITY.IiVSURAt~~E ~'~03~~~oY'.
PRODUCFA 509-358-3800 THIS CERTIFICATE i5 ISSUED AS A MAITER 0F INFORMATION
- Wells Fargo Insurance , ONLY AND CONFERS NO RIGHTS ~UPOfd THE CERTiF[CATE
Services / CAL#0531007 . ~ HOLDER. THIS CERTIFICATE DOES fVOT AMEND, EX7END Qp
ALTER'.THE COVERAGE AFFORDEO BY THE POUCIES BELOU;``~
601 W. Main Ave. Suite 1400 - '
. • Spokane, WA 99201 INSURERS AFFORDINf3 COVERAGE
wsuAeD ~ mrsuaFRa: Alaske National InsurancdCo '
AAA Swesping LLC P.O. Box 624 ucsuAm e:
Veradale WA 99037 • ~ ~rsuaea c:
. . . INSAIF."cR 0- ~
IN9UP.ER •
COVERAGES THE POL1ClES Of IIdSURANCE US7E0 sEi.OW HAVE BEEN ISSUED TO TNE [NSUAED NAivlED ABOVE FOR THE POlJCY PERIOfl WDIGATED. NONJRHSTACdD[NG
AtJY.REQURRE`VOENT, TEFM OR_CONOITION OF ANY,CDNTRACT OR OTHER OQCUNOENT WITH R£SPEC7 TO WHICH TNIS CERTIFPCAT@ MAY BE (SSUED OR
Ov1AY PERTAIN; THE INSURANCE AFFORDED' 8Y TNE POLICIBS DESCAIBED HEREIN 15 SUB,IEC7 TO ALL THE TERldS, EXCLUSLOPIS ANO COiJDIT10J45 OF SUCH
POLICIES. AGGREGAI'E UMrTS SHOWN MAY WAVE BEEN REDUCED BY PAIfl CLAIMS. '
p0DATE l1CY EFFECTIVE POLICY EX:PIRAYIW1' , IMSR TypE OF INS1lRaVC6 POLLCY NUMBER n:MlOD DATE ~NW5
q G-reaL uaaum • 06JLS30910 10119106 10/19I07 EkCH OcCuR:aaJcE s ioooooo,
1COMMERCIAL 4EN6tAL UABISITY . ~ I r~'i~"- OAMAGE IAny aeia firal D 100000'
C{AIMS:dADE nx OOCLR tutED E7CP (A+Y mrc pyrcon) s 10000
PER90NAL 6 ADV WJUAY 8 1000090
• WASTOPGAP GEJoiAL AGGFiaiATE z 1000000
C,£!d'L AGGAEGATE UMR APPl1E5 R"sA: . PROOUGT9 - COMPJUP AGG S 2000000 '
. POUCY x PfOD- 'Loc
q auTwnorLE uaeumr 06JAS30909 10119l06 7 0/19107 DOMeikED savGLE unnrr
" (E9 rsiDenU ~ 1000000
ANY AUTO .
OW
ALL p~WA~D AUTOS PJDDILY INNAY
SC?{"DULED AVTOS Ipc am
• x FIIRED AUTOS BCDILY IXJUFCY e
X kON-01Y1.'ED AUT'OS p^cr ezcidwt!
• , PROPERTY QAMAGE
(Pid nce7dcml '
GARAGE LIABIIJTY ALITO ONLY • EA ACCIDFNT 9 ~NOV aA1T0 pn{=R THAN EA ACG 0
' . , . . . A11T0 ONLY: AGG 0 •
q occESSUaanm• 06JLU30911• 1011808' 10l19107' EACH ocOtraREvcE s 10000000
x OCCUR D C1Ath75 MA6E AGGREGATE - t 10000000
' a
QEDUCTIHL
"rx flEiB4T10t1 S 2000D ~
WC STA'Rl.
q vronKM con.rexsnnoro aNo 08JLS30910 10/19/06 •10/19l07 •R
614kOV2AS' UADIU7V . . • - IMUL PJ1GN ACC7DENT 1000000
' STOP GAP OMLY ELOISEASE-.EAEMPLOYEE 9 1000004
STATE OF WA EL 0l8EASE- POGGY UMIT a xo aooo
OTH6R . 1~.'"iCiiIPTION OP OPERAT10No/LIICATIOWSTVEF3C1.ESIEXCUJ610NS ADDfiD BY EKDORSE61HJTfS.PEC1Al PROVlS10N5
AS'RESPEC7S STREET SWEEPIPfG SERVICES REP NO 07-001 '
. PRIPv{ARY AD01710NAL INSURED STA7US TO THE CITY aF SPOKANE VALLEY
. AS GRAN7ED BY THE POIICY, FORMS ARE ATTACi-fED --CERTIFICA7E HOLDER X aoomorvnL iNSUaeo; iNSUR M- LErrEit: CANCELLATION SHOULD PNY OF THE ABOVE OESCRIBED POUClES BE CANCEl.LED BEFOR'c THE D(PIflATIW1
' CITY OF SPOKANE VALLEY • onse vxEFgor. rrE issuuro wsuAER wiu eammWK r.+aii 30 oavs tvwnew
ATTN: GLORIA MANTZ . N077CE 70 171E CfRTIF1CATfi MOLDER NAIAED TO THE SEFf, KqW V
11707 EAST SPRAGUE #106 • ~~~?~~~~~'~'~~~~`~'~'~~~~~~~f ~
SPOKANE VALLEY WA 99206
. nurFOarcen P"c~ • arne •
I I j
ACORO 25-S (7I971 . 77- 34 OACORD CORPORATION 1988
• ~~',~f'/ 6~'~G~~ r~c~ ~~TrC lvpecaD . ,
[NSURAhDCE C~..MPANY j
• . • i
. • ' ' , _ ~
BLANKET ADDfTIOh1AL INSURED ENDOFtSEMENT ~
, - . ' • `
. ' THIS END0R5EMENT CHANGEB TFiE POLICY. PtEASE READ IT CAREFULLY.
, _ . . I
Thds eiidorsement rriodifies insurance Qravidsd under the follotinnng:
- COMNoE96IAt GENEF2AL LlA81LfTY COV'ERAGE PART ,
WHO IS AN INSURED (Seciion Il) is amDnded to 2. The insurance provided to the additional insUred
include as an insured any person or organization does hot appiy fo "bodity injury", `property damaga°, ~
(herein rnfeRed to as an additional tnsureti), bui only if or °personal arsd advertising injuryf' arising-out of an {
you are required to sdd tfiat person or organfzation as archiiect's, ennineers, ar surveyars rendeng of or ;
an insured to this policy by a written contract ftt is in Failure fo render any professional sari+~rzs
eifect pMar-to the "bodi3y injur}', "praperfy damage", or • irictudirig: personal and adverEising tnjury'. a. the preparirig, app'roving, or'f3iiing to prapara
. Tha Irtsurznce provic4ad to the addiUonal (nsured is or apprave maps, drawEngs, 6pintans, raports,
limited as follows: , . surveys, change ori;er, design. or spec- .
i.- 'Chat person or organizAon is anly an additional_ iflcaVons; and - • _ :
. in5urrd for'its vicar►ous fiability for yaur acis or b. supervisory, irispection, or tngtneering ssr- •
, onissions in the performance of "your work°. ~ces• , . •
. , .
~ • - - .
.
This endorsement changes the poficy to which it i5 atfacFted and. is effectrve on the date issued un{ess otherwise '
stated. The info'rriiation below is requfred only when thts endorsement is issued subsequent to prepamtion . cf the policY• • - - i
Endorsement Ei3ecfire . Pofrcy No, ~
.
1nsured . . ~
i
. - ~
Counierflned By ~
- !
. ~
AAiIC GL 703 47 01 FroducAr Copy ~
- P
• ~
AIas~~ NE- 'ona1 - . . , . ~ .
INSURANCE C•_MPANY • . ' .
b. To sue us an this Coverage Part unless sll of its When this insuranc.e is excess, wa m7l have no
terrns have bean fuily ootnplied with. duty urulet Gavarages A or B to defend the ,
'.insured against any °suit" 9f any other insurer `
A Qerson or organization may sue us to recover on has a duty to defend the insured againsE that
an agreed settlement or on a finat judgment against ^suit°. If no other insurer defends, vre will
an insured; but we tvill not be Gable for darriages undertake fo do so, but uve w'ill'be entiUed fo the . that ate not payable under fhe terms of this . msared's rights against all ttwse other insurers.
Goverage Part or that are 'rn excess~ of tiie~ - ~
applicable limit of insurance. An agrESd settfement When this insurance is excess aver othermeans a settlement end release of liability signed insurance, we YitiI pay only our share. of ths
by us, the insured and the daimant or the • a~~ ount of tha loss, ff any, tliat exceeds the sum
claimanrs legal representative. . • •
,4. ,Other Insurance (1) The total amount that all such other
insurancfa would pay for the loss In the
If other valtd and colfectible insurance is avatlable to absence of this insurance; and
the insured for e loss we cover under Coverages A 2) ~..he total of a1f deductible an~l setf=~nsured
- or B of .tt~is.follows: Coverage..Part, our obligaHons ars ~~ounls under aU.that other insurance.
. . ~~~rrritea'as - - ' ' -
/ a. Primary lnsurance We will share the remaining loss, ff ariy, with any
r oEher fnsurance that is not described in this .
."`4b9s-insurarrcerl pkmary except vrhen b. belaw Excess Insurance provtsion and.was not bought
appl(es. If this insurance ts, primary, our . speclficall,y to apply In exrp.,ss of the Umits of
- obligations are nat afiected unless any of the Insurance sho~vn In the Declarations of this
' other insurance is also -primary. Then, we wifl Coverage Part.
share viif1i all that othar 9nsuranoe by ~e c. Meth~d Of Sharing
method described in c. below.
b. Excess tnsurance If all of the other Insurance*permiEs contribution
This insurance Is exosss over. • by equal shares, we will foflow this method also.
. Under this approach each insursr contrbutes
(1) My of the other i.nsurance, whether pr9rnary, equal amounfs until it has paid its applicabl{;;-
excess, contingent or on any ottier basis: limit of insuranoe er none oE the loss remains,,
(a) Thet ls Fire, Extended Coverege, whichever carnes first. -
- Builders Risk, Installation Risk or similar If any of the 'other insurance does not permtt
' coverage far °your wark"; r.ontribution by equal shares, we wiil contribute
(b) That is Fire insurance for premisBS rented by limifs. Under this metliod, each lnsurees
to you or temporarily occupied hy you share is based on the ratio ofits appticable limit
with permission of the owner, of insurance to the ~ total appCicable Iimits of
insurance of all insurers. .
(c) That is insurance purchased by you to
cover your fiahi[ity as a tenant for 5. Premium Audit
°property damage° to premises rented to a. We will compute all premfums for thls Coverage
you or tempotari(y occupied by you with Part in accordance with our rules and rates.. • -
pemtisslon of the otimer, or b: Premium shavm in this Coverage Parl as
(d) If tha loss arises out of the matnfenance advance premium is $ deposit premium onty. At
' or use a,f aircraft, "autos" or watercreft to the close pf each audit period we wifl compute
• • the e-Aent not subject to Exciusion g. of ~ the eamed premium for that penod end send •
. Sectian 1- Coverage A- Badity Injury notice to the firsf Named Insured. The due date
' - And Property Damags Liability: for audit and retrosQectNe premiums is tha date
'(2) Any otlier primary insurance availabie to you shovm as fhe due date on the bill. If the sum af
- covering I+abifity for damages aristng out of the advance and audit premiums paid far the
lhe premises or operations, or #he products . pol9cy period is greater than ttie eamed
and compteted operations, for which you premium, we will regum the excass io the first
have besn added as an additional insured by Named lnsured. attachmerit of en endorsement. " c. The first Narned Insured must keep recards of
- the tnfiorrnation we need for premfum
. computation, and send us copies at such Gmes
. as we may requesl
- .
C 0 01 12 04 ro ucer opY , a e 11 or
- CITY OF SPOKANE VALLEY
~ Request for Council Action -
Meeting Date: January 15, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ Consent ❑ O!d business ❑Netiv business ❑ Public Hearing
9 Information ❑ Admin. Report ❑ Pending Legislation
AGENDA ITEM TITLE: 2008 Comprehensive Plan Amendment Update
GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A.
PREVIOUS COUNCIL ACTION TAKEN: None.
BACKGROUND: The Growth Management Act (GMA) allows local jurisdictions to update
comprehensive plans no more than once a year. The City codified this process in the uniform
development code (UDC) in Section 17.80.140. The City received 8 privately initiated
comprehensive plan amendment applications prior to the November 1, 2007 deadline. All 8 . requests are related to amendments of the comprehensive plan map. In addition to the privately
initiated amendments city staff identified text amendments to a number comprehensive plan
chapters including Chapter 1- Introduction; Chapter 2- Land Use; Chapter 3- Transportation;
Chapter 5- Housing; Chapter 7- Economic Development; Chapter 8- Natural Environment;
and Chapter 9- Parics, Recreation and the Arts. The majority of the text amendments are to
Q update data in tables within these chapters or to correct errors discovered in the Plan.
Staff is in the process of reviewing the requested comprehensive plan amendments and
preparing the required threshold determinations in compliance with the State Environmental
Policy Act. Staff anticipates a study session with the Planning Commission in late Februar}i or
eariy March followed by a public hearing at the next scheduled Commission meeting.
OPTIONS: N/A - RECOMMENDED ACTION OR MOTION: N/A.
BUDGETlFINANCIAL IMPACTS: N/A.
STAFF CONTACT: Greg McCormick, AICP - Planning Division Manager
;
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 15, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : City's 5th Year Anniversary
BACKGROUND: On March 31, 2008, the city of Spokane Valley will mark the five year
anniversary of its incorporation. It is a significant event, not only as an organization but
for the Spokane Valley community.
The anniversary offers an opportunity to expand awareness of the new city throughout
the region, strengthen community identity and pride, and forge stronger links between
the City organization and its constituents.
More than a celebration, it's an opportunity to:
• Gain the interest of and involve a broader segment of the community
• Communicate in a different way
• Reinforce identity .
~ • Build community pride
• Build new partnerships
• Share accomplishments
Some options for marking the event: FOCUS OPTIONS:
Single date: • Media release about anniversary
• Request VNH & SR Valley Voice do anniversary issue
• Open House with cake & beverages -
• Request live media broadcast
• Minimal cost, minimal media exposure, limited community involvement
Month long, -
• Single date focus items, plus
• One media release each week of the anniversary
- Milestones - Grovrrth & Development . - Plans for future
- Invitation to Open House .
• Minimal cost, better media exposure, limited community involvement
~ Year long
~ • Single date and month-long focus items, plus
• Monthly
- "Postcards from Spokane Valley" concept
- Invite community organizations to adopt theme/include in their planning
- Distribute about 100 each to library, community center, CenterPlace, City
Hall, permit center
- Theme for first full year of email newsletter distribution - Post on website : J
• Minimal cost, maximum exposure, great community involvement RECOMMENDED ACTION OR MOTION: Provide direction to staff.
BUDGETlFINANCIAL IMPACTS: $2,000 budgeted in 2008 budget
STAFF CONTACT: Carolbelle Branch, Public Information Officer
~ Broadcasting and Webcasting Public iVleetings By
Bill Gothmann
1-2-08 - Quotable Quotes _
"As the information economy continues to Fuel Fui insatiable appetite :for the immediatc
availability of information anpvhere, anytime, public expectations Are rising for .
government results and responsiveness. These expectations arc challenging local , goveriunent to cieliver public scrvices moze transparently and economically."
Tom Spengler, CEO of Granic:es Inc. (webcast provider)
"Aublic entities throughout 1:he state are using technoldgy, chiefly e-innovations, to bring
public meetings into the homes and officcs of Texans." .Texas Government Irrsider, M..arch 23, 2007
"Section 9b of EYecutivc Order 5-23-06 states: "DGS and DTS shall facilitate State use
oi'sfream.ing vidco technologies. Per thc Govemor's Executive Ordcr and the Business,
Transportation and Housiug Agency's Cabinet Working Group's Best Practices, expanding the usc of streami_ng Nddeo technology can in-tprove servicc delivery
to anci eommunication with eit7zens, businESSCS, and government ~ California Departrr2ent of Ceneral Services Web Page .
"All eTools - from eForunis, to blogs, to ePetilions - ca.n makc a significan.t
contributution lo i.mproving the democratic experiencc for residents and stakeholders."
Interrratianal Centre of lxcellence for e-Democrucy, England •
- Resources for Further $tudy
http://%vnvw.mrsc.orOSubiecLs/Governance/p-ovcast.aspx
This web site first does a survey of Washington Cities and whether they wcbcasl or broadcast, both live and ori demand. .
This web page also has several links to reports and examples of cities' archival resources
available to the public. .
Tn addition, there is a li.nk.to "Well Served, by Betsy Harter, American City and .
County, Apri12007 - Streaming vicieo." Tlus is an excellenl, copyrighted paper on the
advaniages aud cost savings of using streaming vicieo.
. . .
,
. z
.
.
Council Broadcast Practices in Washington and Idaho
Bill Gothmann, 1-2-08
-
Vicfmo or Video or
Name Popufation Ran!< Web? Notes Narrra Populatron Rank We6?
Washlnqton Cities (30,000 and more) Washlnqton Cities (others)
Seattte 586200 1 Yes Ch 21 Mt. Vemon 29,390 35 Yes
Spokane 202900 2 Yes C1123; streaming QesMoines 29,090 36 Yes
Tacoma 201700 3 Yes Ch 12 live plus replays Seatac 25,530 38 Yes
Vancouver - 160800 4 Yes Ch23; streaming Issaquah 24,710 39 Yes
Bellewe 118100 5 Yes REC'd 7 awards. Bainbndge Island 23,080 40 Yes
Everett 101800 6 Yes Ch 21; shawn 1 day later Ellensburg 17,220 51 Yes
Spokane Valley 88280 7 No Bonney Lake 15,740 59 Yes
Federal Way 87390 8 Yes Video available; live streaming Sunnyside 15,130 61 Yes
Kent . 86660 9 Yes ch 21; live on internet Tumwater • 13,340 63 Yes
Yakima 82940 10 Yes ch 21; also county comm. Mtgs Kelso 11,840 66 Yes
Beflingham 75220 11 Yes ch 10 Enumclaw 11,320 68 Yes
Kennewick 62520 12 No ; Pasco and Richland televise Woodinville 10,390 72 Yes Renton 64290 13 Yes ch 21; live streaming plus archived Newcastle . 9,550 76 Yes
Lakewood 58950 14 No Toppenish 9,105 78 Yes
Shoreline 53180 15 Yes ch 21 Sumner 9,035 79 Yes
Redmond 50680 16 Yes RCN 21 . Port Tovmsend 8,865 82 Yes
Auburn 50470 17 Yes ch 21 Port Orchard 8,350 87 Yes
Pasco 50210 18 Yes PSC N Poulsbo 7,560 88 Yes."
Kirkland 47890 19 Yes KGOV Fife 7,180 90 Yes,....,
Richland 45070 20 Yes Richland City View ch 13 Dupont 7,045 92 Yes
Olyrnpia 44460 21 Yes Live TV plus arohived Orting 5,944 104 Yes
Edmonds 40560 ' 22 Yes ch 21 Vllapato 4,540 121 Yes
Sammamish 40560 23 Yes ch 21 Zillah 4,540 122 Yes
Puyallup 36790 • 24 No Granger 2,955 137 Yes
Marysville 36210 25 No Lacey 35870 26 yes
BrEmerton 35810 27 Yes 9KA7 .
Longview 35710 28 Yes KLN ch 29
Lynnwood 35490 29 Yes business sessions are televised ch 21
. Bothell 32440 34 Yes BCN 21 '
, Burien 31410 31 Yes 76C 21
University Place 31300 32 Yes
Walla Walla 30900 33 Yes Ch 17 audio plus agenda visual '
Wenatches 30270 34 No
Idaho Cities (30,000 and more
l Boise 185787 1 Yes Webcast plus archive
Nampa 51867 2 No . '
Pocatello 51466 3 Yes ch 11; emait news servic2
Idaho Falls 50730 4 No
Meridian 34919 5 No email newsletter .
Coeur d'Alene 34514 6 Yes
Twin Falls 34459 7 Yes 1st & 3rcf ineetings; working on webcasting
Lewiston . 34904 8 Yes ch 13
~ / .
3
EXECUTIVE ORDER
No 3: PROMOTION OF PUBLIC ACCESS TO GOVERNMENT DECISIONMAKING
WFIEREAS, it is essential to the maintenance of a democratic society that the public busfness be
performed in an open and public manner; and
WHEREAS, the cipzens of this State be fully aware of and able to observe the performances of
public officials and attend and listen to the deliberations and decisions that go into the.making of
public policy; and _ •
WHEREAS, the people must be able to remain Informed if they are to retain control over those who
are thelr public servants; and .
WHEREAS, the Open Meekings Law requires every meeting of a public body shall be open to the
general pubUc; and
WHEREAS, the majorfty of New Yorkers are unable to attend such meetings; and
WHEREAS advances in technology allow for the broadcast of ineetings on the Intemel through the
use of webcasting;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of New York, by virtue of the authoriCy
vested in me by the Constitution and the laavs of the State oP Mew Yoric, do hereby order as follows: ~ 1. Definidons
"Agency" shall mean any state agency, department, office, board, commission or other -
instrumentality of the Stace, other than a public authority.
"Publlc authority° shall mean a public authority or public benefit corporatlon created by or exfsting
undcr any State law, at least one oP whose members is appointed by the Governor (including any
subsldlaries of such public authority or public beneFt corporation), oCher than an intersCate or
international authority or public benefit corporation.
. 2. Requirement to 13roadcast Public Meetinas
By h9arch 1, 2007, every agency and public authority shall submit to the Secretary to the Gnvernor
a plan tfiat: (a) identifies all meetings of such agency or authority rhat are subject to the Open
Meetings Layv; and (b) spedfies a timetable for ensuring that all such meetings are broadcast on the
InCemet. Such plan may identify circumstances in which such Ewebcasting is eirher impractical or
inappropriate, and may seek approval for exemption from the requiremenC for avebcasting. ExcepC
in those circumstances where an exemption is granted, all agency and authority meetings that are
subject to the Open Meetings Law shall be broadcast on the Internet commencing no IaCer than July -
J., 2007. Every agency and public authority shall submi[ a report to the SecreCary to the Govemor
by December 31, 2007, setting forth the number of ineetings webcast during the prior year,
togetfier with a summary of any comments recefved from the public regarding the webcasting, and
any recommendations for changes or improvements to the program. G I V E N under my hand and the Privy Seal of the State in the City of Albany this first day of . January ln the year two thousand seven.
Eliot Spitier, Govemor '
•
" Richard Baum, Secretary to the Governor
4-
Excerpt frum Sunnyvale, California Report to Mayor and Council . " July 25, 2006
-
llISCUSSION 1Vhut is webcastzng?
Webcasting, or streaming video, is.a technology that plays audio, video, a.nd
combineci audiolvideo files (eiiher livc or pre-recoTded) on the internet directly
&om a Web server for immediate playback. .Hotiv does webcasting work? .
The first stcp in webcasting is to ciigitize a video feeci. There are scveral
available opEiens, all of which convert.moving data froin its source (e.g. live feed or camera) to an electron.ic format. The current equipment located in the
Council Chambers and Council Chambers backroom will providc the feed
necessary to generate a webcast. However, because the equipment is outdated,
the quality may bc slightly di_minished. Upgrading the equipmenl wauld
cnhance the quality of a webc,ast, but it is not a requirement.
Next, captured dala is compressed Cor optimal viewing. Compressing reduces
the sizc of lhe audio/video files tio optunizc the playback rate and picture and .
sound quality. . . . The final step is to doAmload files to a streaining server. In order to slream
smoothly and vNithout interruption, files mus-t be in the proper sequence and .
continuously available. T'he wEb server regulates thc stream accord'uig to - network congestion and as long as the data downloads as fast as it is uscd in ,
playback, the file will play smoolhly and without inlerruption.
Viewing Webcasts
Staff recommencis using Windows Media Player to view webcast of Cily
meetings. Windows Media player comes stanciard on all Microsoft equipment
procured at the City anci it allows filcs to be encoded once form multiple
connections speEds. In addition, it is one of the most commonly used media plAyers, it comes standard on new Windows-based 1'Cs, and a Windows Vledia
plug-in is available for Macintnsh and Linux users.
In addition to v-ieNvin; wEbcasts on most 1'Cs and laptops, users can now view
webcasts on portable devices (cell phones anci Palm Pilots) with an i.nternet
connection. Additionally, some vendars now offcr integrated technology that
allows users to view City meetings via a Podcast.
'rlcdia
t-I layer 9 Media
C ity of Red m o n d Clients Player 9
Clients
~ ~ mirf
RCTV21 Webcast 1-2-3 42Kbc5 ~
SIOW 109Kbps 273Kbps ~
High
Media Server ($13,000) z73Kbps
paq DL 380 G3 (Dual P4 3.06 GHz, 6x
_ GB HD RAIDS, 3 GB RAM, Gigabit NIC)
F t 7 C t~ fj u r F' C~ Y L, 2 a 0) ndows 2003 Server with windows Media •
5erver 9 role enabled ~
'-cII ux270S (P4 2.8 GHz, 512 MB RAM ~ The
Connection to •
'i GB HD GB NIC running at 100 Mb) Intemet (1.5Mb ' I nternet
)sprey 230 Video Capture Catd ~ min/6Mb burst) •
.
ndows XP SP1 ;
_ Encoded signal .
' ad} °pushed" to ~ 3
Media Server Firewall
42/109/273
I*V ► - Kbps
~-I-- 2
The Windows Media Server is configured to use the share
~ (RCTVLive) as a distribution point and publishes it for
. XP SP1 and video capture broadcast A link is displayed on a city web page linking to the
.ird. Currently this capture card receives a live audiolvideo ur1 mms://rctv.redmond.govIRCTVLive. When a visitor clicks on
'Ied directly from RCN (Redmond's Community broadcast ~e link it causes the Windows Media Player on the person's PC
: tation). Using Windows Media Encoder 9 the input stream is to make a request for the vldeo stream to the media server. The
„ server and the PC negotiate an acceptable streaming bit rate
ncoded into a variable bit rate. (n order to serve viewers (based on the speed of the network connection) and the user
.vith different bandwidth connections to the Internet the signal Sees and hears the video on their PC.
. encoded into 3 streams of dlffering resolutlons. These are;
'•2Kbps, 109Kbps and 273Kbps. The slgnal is then "pushed" to Notes;
~ share (in our case called RCMive) on the Windows Media City of Redmond is currently streaming the Live N signal over the Internet.
` erver machine where it is avallable for broadcast over the There Is not much human mtervenhon once this has been set up.
'PJe plan to start archrving material and have it available to the publc.
4 nternet. Connection to the Internet is 1.5Mb minimum with 6Mb burst_
':ad or1 'FP q ~nr,r r,, i" r•i ri-i• 3 )
uRAFr
ADVANCE AGENDA
For Planning Discussiun Purrases Only
Aa of January 10, 2008; 8:30 a.m.
Please notc this is awork in proeress; ilemti urc tcntative
Tu: Council & Staff
Frvm: City Managcr
Re: Draft Scttcdulc fur lipcoming Cuuncil Meelings
Januan 22. 2008. Reealar Meetigg. 6:00 o.tn. (due "te Maaday, Jan 141
1. Consent Agendn: Claims, Payroll, Minutes, AAA Cantrect Renewal; Senske Cantrect Rertewal [5 minutes]
2. First Reading ProposcYi Urdin.lnce Amending Dangerous Dog (BUSpend nila) - Guy Driskell [10 minutes]
3. Motion Cansidcration: lamar L,eSC - Cary Lkiskcll [10 minutcs ]
4. Admin Report: Legislative Mariers - Dave Mercier [ 10 minutes]
5. Public Ra;otd Trnining - Mike Connelly/Chris Bxinbridge [40 minutcs]
6. Info Onty: Dcpatimcnt Reporls
7. f-.xecutive Session: ['rstimxted meetiag: 75 minutcs)
.Iaouarv 29.2008 - No meeHng (Council Attends Legislative Session in Olympia)
Febrwnrv 5. 2008, Studv Scssion, 6:00 n.m. (due date Mnoday, Jan 281
1. Communications Interoperubility f'msentation - Rick Vanl,euven (60 minutcs)
2. Mf1'(' Traflic Model Nci! Kersten /Glenn Miks (15 minute5)
3. Contractor Selertion Outdaor Pools Repart - Mike lackson/Stave Worley (15 minules)
4. PinrsJMansfield Additional runding - Ncil Kerstcn (l0 minutcs)
5. Joint Ntanning Aren Update - Mike Connelly (20 minutcs)
6. Info Onty: Street Acccptancc - Mike Cannrlly TOTAI. MINUTES 120 minutes
'cbrnarv 12. 20Q$, Rcgular Meeting. 6:00 p.m. (dne date Mooday, F'cb 41
i. Consent Agcnda: Claims, Payroll, Minutes [5 minutes]
2. Legislativc Mstters -[?ave Men;icr ( 10 minutes j
3. Matian Cansideration: Pincs/Manstield Additionnl Funding - Neil Kersteo [5 minutes]
4. Mntion Cansideration: Bid Award Contrsctor Selcctiun Outdnor Pools - Mike Jncl:son/S Worley[ 10 minutrs]
5. Motion Consideration: Street Acceptnnce - Jahn Hc>hmanlMike Connelly [ 10 minutesj
6. Admin Repoct: 2007 Accomplishments Report - Mike ]eckson [60 miautes]
7. Executive Session: [•estimated mertiag: 100 misutesJ
Februerv 19. 2008. titqdy Session. 6:00 n.m. [due dste Monday, Feb i l J
1. F3ook IU Sub-arca Plan - Michael Freedman (120 minutes)
2. Legislative Matiers - Dave Mercier (10 minutcs)
3. Univer.zal Park Consultant Selecticxn - Mike Jackson (15 minutrs)
Vallev Mitisiun Park Sitr Plan N4ikc Jackson (10 miautcs)
7'OTAL NIINUTES: 135 minutes
Febrnarv 26. 2008. RMgtar Meetint, 6:00 p_.g. (dne drtte Mondsy. Feb 181
1. Consent Agenda: Claims, Payroll,N4inutes [5 minutes]
2. l.egislaiive Matiers - I)ave Mercier [10 minutrs]
3. Motion Consideration: Univorsal Park Bid Award - Mike lackskin [10 minutes]
4. Aviation Ordinance Discussion - Mike CcmeUy 130 minutes)
5. Executive Session: ['GStimated mcrting: SS minetes)
March 4. 2008. 5tndv Semion. 6:00 p.m. iduc date Moaday. Feb 251
. Stormwatcr Manual Update - John Nohman (20 minutcs)
. lxgislative Matters - Dave Mcrcicr (10 minutes)
Marc6 11, 200& No mectinQ. (NLC Congressional City C'onf Mcnrh 8-12)
t)mit Advuncc Ageade 1/10l2008 8:25:39 AIN E'agr I uf 2
!ltarch 18, 2008, Stud% Sctiriun, 6:00 u.ro. (due (lutc `londay, March I01
1. Legislativc MatterF- Uave Mercicr (10 minutf.,s)
2. TMDi. Arescntatian -Councilmember fhnenny (20 minutes)
3. Sirert Design Standnrds- Neil Kersten (30 minutea)
-1. UW Emergency Code Amendments - Kathv McChinu (15 minute-s)
i(1TA1. Nil.Nt TF.ti: 'S minutes
11arch -!5. 2008, Ft.i-,ul:ir MretinL, 6:00 p.m. [due datc Mond•ry. Marrli 171
1. 1'U131.1C HEARING; Stormwater N9nnuAl Updatc - Juhn }iulu»an (20 minuteti 1
2. Consent Agcnda: Claims, Payrull, Minutes (5 minutcsl
3. Legislative Atattcrs - Dave Mercicr
[•e4timated meetiag: miautes)
April 1. 2008. Study Smion. 6:00 a.m. idae date Monday, March 241
1. Subalra Plan & Rcgulations Document - Scuu Kuhta 00 minutes)
2. ('omprehensive Plan llmendments Qunrtery Upcisle- c;reg Mc('ormick (3(1 minutes)
Anri18, 2(N)8. R4LulAr llcctltlg. 6:00 j1.R1. IIIUe datc Mc,nday, M:irch 311
1. Consent Agendn: Claims, Payroll, htinutes 15 minwesJ
2. First Reading Ordinance adopting Sub-area Plan - Sc:ott Kuhta (20 minutc, )
Aoril 15. 2008, Stodv Session 6:00 S.m. Idue date Monday, April 71
1. Aceicient Stntislics Along Brondway - Neil kersten (15 minutr~,)
2. C7-R Updute - Morgan Koudcltta (15 minutes)
3. I3udget Amendment for 2008 Budget - Ken 7`hompsan (15 minutes)
Apri122. 2008, Re,eular Meetine. 6:00 p.m. idue datc Monday, April 141
1. Sccond Reading C?rdinanco AdoPting 5uh arc:i I'IaII -',Ct -tt K uhta I I U flllfllll~'.J
fnt't) ()nly: Departlucnt Repon;
OTHER YENDIN(; AND/OR UYCO1111G ItiSUFS"11iF:F:"11hGS:
Atiurciftbte Housing ('_A miniites)
Animal Cantrol Ordinancc - L'ruy Ihiskcll
C'orporaie f'rocess'Craining for Couneitmembcr5
Code Cumplisncz Amcndment9 (UOC)
('ump Plnn Amrnd-Quartertp Updute (Jan, Apl, July, l►cc)
Coyote Itock RnW I)afications Apprvval
Ettretgcncy Chdinnncr (Ord 07-025 cxplrrs 05-074)X)
Graffid Ordinancr
Impact Fce Request Ccntral Vnlley Schnal District
Jail Expansion
Mensfiold Avc ROW DodJcatiata for (hanlte PI Apt,;.
Niirubcau Parlcway Speed Limiisri"raffic Coavvl Dr% irr,~
NLC Mccting Nuv I I-15, Orlando, Flarids
Norihcagt Housing Solutinas City hlcmbcrshir
Overwcight/aver siu vnhicie ordinance
PutoslMan-c-field Cantract Aaarcl ",teve VV4 r, L .
~
Stralcgic Fir►ancial F'Inn (July 2008
Strett MasterPlan Adoptian
Transportation Bcncfct District
Use Agreement (Cury [hiskell )
Woric Farce Lkvelopmem !n-Scrvicr [1rlini[iuu5
r,;tima[cJ; dueS ntit include time for f,uhlic cc,nstiieiits. j
1~~R:1lsnncc ~~cnd:~