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2014, 11-04 Study SessionAGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, November 4, 2014 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL: ACTION ITEMS: 1. Erik Lamb 2. Erik Lamb 3. Eric Guth 4. Eric Guth 5. Erik Lamb 6. Erik Lamb 7. John Hohman 8. Mark Calhoun 9. Mike Jackson NON -ACTION ITEMS: 10. Lori Barlow 11. Chris Bainbridge 12. Mayor Grafos 13 Information Only (a) Public Safety 14. Mayor Grafos 15. Mike Jackson ADJOURN Second Reading Proposed Ordinance 14-012 Terminating Sunshine Disposal Franchise [public comment] Second Reading Proposed Ordinance 14-013 Terminating Waste Management Franchise [public comment] Proposed Resolution 14-011 Adopting Solid Waste Management Plan [public comment] Approve Ordinance Approve Ordinance Approve Resolution Proposed Resolution 14-012 Adopting Approve Resolution Moderate Risk Waste Plan [public comment] Solid Waste Collection Services Motion Consideration Contract with Waste Management [public comment] Solid Waste Collection Services Motion Consideration Contract with Sunshine Disposal [public comment] Comprehensive Plan Docket [public comment] City Hall Lease Amendment [public comment] Legislative Agenda [public comment] Shoreline Master Plan Review of Findings Governance Manual Review Advance Agenda Motion Consideration Motion Consideration Motion Consideration Discussion/Information Discussion/Information Discussion/Information (will not be reported or discussed): Corp/Final Contract Option Year (b) Parks & Recreation Quarterly Report Council Comments Discussion/Information City Manager Comments Discussion/Information Study Session Agenda, November 4, 2014 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: El Check all that apply: ['consent ❑ old business ® new business ❑ public hearing ❑ information ['admin. report ❑ pending legislation ['executive session AGENDA ITEM TITLE: Second Reading Proposed Ordinance No. 14-012 Terminating Sunshine Solid Waste Collection Franchise GOVERNING LEGISLATION: RCW 35A.03.005, RCW 35.02.160, RCW 81.77.020 PREVIOUS COUNCIL ACTION TAKEN: City Council adopted Ordinance Nos. 07-022 and 08-003 to establish a solid waste collection franchise with Sunshine Disposal, Inc. City staff presented an administrative report on the franchise termination on October 21, 2014. Council had a first reading on October 28, 2014. BACKGROUND: Under Washington law, solid waste collection and solid waste collection companies are regulated by the Washington Utilities and Transportation Commission (the "WUTC") until such time as a City takes affirmative action to take over collection responsibilities. The City may do so by entering into a franchise or contract with a private solid waste collection company, or by providing services with its own personnel and equipment. While regulated by the WUTC, solid waste collection companies are granted a certificate (referred to as a "G -Certificate") allowing the company to provide service within a given area. G -Certificates set forth the particular collection services and rates for the solid waste collection company within a given area. When a city assumes control of solid waste collection, the G - Certificate will be cancelled for the area within the city and Washington law provides that the solid waste collection company shall be compensated for the cancellation of the WUTC G -Certificate. Pursuant to RCW 35.02.160, the solid waste collection company is entitled to a minimum of at least seven years of continued services, plus any additional time to account for additional "measurable damages." While the compensation may be made by direct payment, typically the compensation occurs through continued services for a set period of time. In 2007, the City determined to assume control of solid waste collection services within the City limits and gave notice of cancellation of the G -Certificates for the two existing solid waste collection companies providing service within the City: Waste Management of Washington, Inc. ("WMW"), which provides residential curbside pick-up and some commercial collection, and Sunshine Disposal, Inc. ("SDI"), which provides roll -off container services only. To begin the process, the City adopted franchises, effective March 10, 2008, for WMW and SDI. Without any further action, the franchises are set to expire after the minimum statutorily required period of seven years on March 9, 2015. The City has since entered negotiations with WMW and SDI to obtain solid waste collection services from them as compensation for the remaining measurable damages to which they are entitled. The City has come to a general agreement on solid waste collection contracts with both WMW and SDI for a term that extends the existing solid waste collection services until March 31, 2018 (for a total of ten years of service since the City assumed control in March 2008). The contracts are being presented in more detail under a separate item for Council's consideration. Generally, there is anticipated to be no change in the level of services under the contracts other than that WMW and SDI will bring all collected garbage to the Sunshine Transfer Station. Upon expiration of the solid waste contracts, the City will enter into new contracts with a provider selected through a competitively bid process. The WMW and SDI collection contracts are being presented to Council concurrently for a motion consideration on November 4 to approve the contracts and authorize the City Manager to finalize and execute the contracts. Although the current franchises are slated not to expire until March 2015, staff is bringing the contracts forward to be effective concurrently with the change -over in transfer and disposal services that will occur on November 17, 2014. Thus, in the event Council approves the contracts, the existing franchises must be terminated concurrently, which can only be done through Council action. The new contracts for service through March 31, 2018 would then take effect the day the ordinances terminating the existing G -Certificates would be in effect, anticipated to be November 17, 2014. Note that a separate ordinance terminating the WMW franchise is also being concurrently presented to Council. OPTIONS: Move to approve Ordinance No. 14-012, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 14-012 terminating the City's solid waste collection franchise with Sunshine Disposal, Inc. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Erik Lamb, Deputy City Attorney; Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Draft Ordinance No. 14-012 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 14-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, TERMINATING THE SEVEN YEAR NON-EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE GRANTED TO SUNSHINE DISPOSAL, INC., GRANTED PURSUANT TO ORDINANCE 07-022, AS AMENDED BY ORDINANCE 08-003, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley incorporated March 31, 2003, at which time Sunshine Disposal, Inc., (hereafter referred to as "Sunshine") was providing garbage, refuse, and recycling collection services in the geographic area comprising the new City; and WHEREAS, RCW 35A.03.005 and RCW 35.02.160 provide that when a new city incorporates, a company providing solid waste and refuse collection services within the new city shall be allowed to continue providing said services for at least seven years following the exercise of certain steps to terminate the company's statutory rights; and WHEREAS, on November 7, 2007, the City Council approved Ordinance 07-022 terminating Sunshine's statutory rights to provide solid waste collection services and granting a seven-year non- exclusive franchise to Sunshine to provide commercial and residential solid waste collection service within Spokane Valley. The City Council also gave approval to give notice of termination through the Washington Utilities and Transportation Commission; and WHEREAS, on March 25, 2008, the City Council adopted Ordinance 08-003, amending Ordinance 07-022 and setting the effective date of the franchise granted to Sunshine as March 10, 2008; and WHEREAS, the City has negotiated a solid waste collection contract and will enter into such contract with Sunshine concurrently with termination of the franchise granted pursuant to Ordinance 07- 022, as amended by Ordinance No. 08-003, for Sunshine to continue providing commercial and residential solid waste collection services until March 31, 2018 in order to fully compensate Sunshine for all remaining measurable damages under RCW 35A.03.005 and RCW 35.02.160 and appellate decisions interpreting those statutory provisions; and WHEREAS, the City Council hereby finds that termination of the franchise concurrently with the effective date of the new contract is appropriate. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Termination of Franchise. The City Council hereby terminates the non-exclusive franchise the City granted to Sunshine pursuant to Ordinance 07-022, as amended by Ordinance 08-003, as of the effective date of this Ordinance. This termination is appropriate as the City and Sunshine have agreed to enter into a contract for Sunshine to continue providing commercial and residential solid waste collection services until March 31, 2018 in order to fully compensate Sunshine for all measurable damages under RCW 35A.03.005 and RCW 35.02.160, and appellate decisions interpreting those statutory provisions. Ordinance 14-012 Page 1 of 2 DRAFT The City Manager, or designee, is hereby authorized and directed to provide any and all required notices to the Washington Utilities and Transportation Commission in conjunction with the termination of the franchise. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 3. Effective Date. This Ordinance shall be in full force and effect November 17, 2014, which, as provided by law, is at least five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley. Passed by the City Council this of November, 2014. ATTEST: Dean Grafos, Mayor City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 14-012 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: El Check all that apply: ['consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ['executive session AGENDA ITEM TITLE: Second Reading Proposed Ordinance No. 14-013 Terminating Waste Management Solid Waste Collection Franchise GOVERNING LEGISLATION: RCW 35A.03.005, RCW 35.02.160, RCW 81.77.020 PREVIOUS COUNCIL ACTION TAKEN: City Council adopted Ordinance Nos. 07-023 and 08-004 to establish a solid waste collection franchise with Waste Management of Washington, Inc. City staff presented an administrative report on the franchise termination on October 21, 2014. Council had a first reading on October 28, 2014. BACKGROUND: Under Washington law, solid waste collection and solid waste collection companies are regulated by the Washington Utilities and Transportation Commission (the "WUTC") until such time as a City takes affirmative action to take over collection responsibilities. The City may do so by entering into a franchise or contract with a private solid waste collection company, or by providing services with its own personnel and equipment. While regulated by the WUTC, solid waste collection companies are granted a certificate (referred to as a "G -Certificate") allowing the company to provide service within a given area. G -Certificates set forth the particular collection services and rates for the solid waste collection company within a given area. When a city assumes control of solid waste collection, the G - Certificate will be cancelled for the area within the city and Washington law provides that the solid waste collection company shall be compensated for the cancellation of the WUTC G -Certificate. Pursuant to RCW 35.02.160, the solid waste collection company is entitled to a minimum of at least seven years of continued services, plus any additional time to account for additional "measurable damages." While the compensation may be made by direct payment, typically the compensation occurs through continued services for a set period of time. In 2007, the City determined to assume control of solid waste collection services within the City limits and gave notice of cancellation of the G -Certificates for the two existing solid waste collection companies providing service within the City: Waste Management of Washington, Inc. ("WMW"), which provides residential curbside pick-up and some commercial collection, and Sunshine Disposal, Inc. ("SDI"), which provides roll -off container services only. To begin the process, the City adopted franchises, effective March 10, 2008, for WMW and SDI. Without any further action, the franchises are set to expire after the minimum statutorily required period of seven years on March 9, 2015. The City has since entered negotiations with WMW and SDI to obtain solid waste collection services from them as compensation for the remaining measurable damages to which they are entitled. The City has come to a general agreement on solid waste collection contracts with both WMW and SDI for a term that extends the existing solid waste collection services until March 31, 2018 (for a total of ten years of service since the City assumed control in March 2008). The contracts are being presented in more detail under a separate item for Council's consideration. Generally, there is anticipated to be no change in the level of services under the contracts other than that WMW and SDI will bring all collected garbage to the Sunshine Transfer Station. Upon expiration of the solid waste contracts, the City will enter into new contracts with a provider selected through a competitively bid process. The WMW and SDI collection contracts are being presented to Council concurrently for a motion consideration on November 4 to approve the contracts and authorize the City Manager to finalize and execute the contracts. Although the current franchises are slated not to expire until March 2015, staff is bringing the contracts forward to be effective concurrently with the change -over in transfer and disposal services that will occur on November 17, 2014. Thus, in the event Council approves the contracts, the existing franchises must be terminated concurrently, which can only be done through Council action. The new contracts for service through March 31, 2018 would then take effect the day the ordinances terminating the existing G -Certificates would be in effect, anticipated to be November 17, 2014. Note that a separate ordinance terminating the SDI franchise is also being concurrently presented to Council. OPTIONS: Move to approve Ordinance No. 14-013, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 14-013 terminating the City's solid waste collection franchise with Waste Management of Washington, Inc. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Erik Lamb, Deputy City Attorney; Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Draft Ordinance No. 14-013 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 14-013 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, TERMINATING THE SEVEN YEAR NON-EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE GRANTED TO WASTE MANAGEMENT OF WASHINGTON, INC., D/B/A WASTE MANAGEMENT OF SPOKANE, GRANTED PURSUANT TO ORDINANCE 07-023, AS AMENDED BY ORDINANCE 08-004, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley incorporated March 31, 2003, at which time Waste Management of Washington, Inc., d/b/a Waste Management of Spokane (hereafter "Waste Management") was providing garbage, refuse, and recycling collection services in the geographic area comprising the new City; and WHEREAS, RCW 35A.03.005 and RCW 35.02.160 provide that when a new city incorporates, a company providing solid waste and refuse collection services within the new city shall be allowed to continue providing said services for at least seven years following the exercise of certain steps to terminate the company's statutory rights; and WHEREAS, on November 7, 2007, the City Council approved Ordinance 07-023 terminating Waste Management's statutory rights to provide solid waste collection services and granting a seven-year non-exclusive franchise to Waste Management to provide commercial and residential solid waste collection service within Spokane Valley. The City Council also gave approval to give notice of termination through the Washington Utilities and Transportation Commission; and WHEREAS, on March 25, 2008, the City Council adopted Ordinance 08-004, amending Ordinance 07-023 and setting the effective date of the franchise granted to Waste Management as March 10, 2008; and WHEREAS, the City has negotiated a solid waste collection contract and will enter into such contract with Waste Management concurrently with termination of the franchise granted pursuant to Ordinance 07-023, as amended by Ordinance 08-004, for Waste Management to continue providing commercial and residential solid waste collection services until March 31, 2018 in order to fully compensate Waste Management for all remaining measurable damages under RCW 35A.03.005 and RCW 35.02.160 and appellate decisions interpreting those statutory provisions; and WHEREAS, the City Council hereby finds that termination of the franchise concurrently with the effective date of the new contract is appropriate. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Termination of Franchise. The City Council hereby terminates the non-exclusive franchise the City granted to Waste Management pursuant to Ordinance 07-023, as amended by Ordinance 08-004 as of the effective date of this Ordinance. This termination is appropriate as the City and Waste Management have agreed to enter into a contract for Waste Management to continue providing commercial and residential solid waste collection services until March 31, 2018 in order to fully compensate Waste Management for all measurable damages under RCW 35A.03.005 and RCW 35.02.160, and appellate decisions interpreting those statutory provisions. Ordinance 14-013 Page 1 of 2 DRAFT The City Manager, or designee, is hereby authorized and directed to provide any and all required notices to the Washington Utilities and Transportation Commission in conjunction with the termination of the franchise. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 3. Effective Date. This Ordinance shall be in full force and effect November 17, 2014, which, as provided by law, is at least five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley. Passed by the City Council this of November, 2014. ATTEST: Dean Grafos, Mayor City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 14-013 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Resolution 14-011 Adopting Solid Waste Management Plan GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: With Council's decision to contract for solid waste management services, staff hired Green Solutions to prepare a Solid Waste Management Plan. This Plan is intended to provide guidance for the solid waste system within the City of Spokane Valley. The solid waste system includes garbage collection and disposal, and programs for waste reduction, recycling, organics, special wastes and the administration of these programs. This Plan is intended to provide guidance on program development and implementation for these activities for the next five to six years, while also attempting to anticipate the needs of the solid waste system 20 years from now. State law (Chapter 70.95 RCW) provides the authority for the City to adopt this Plan and also lists the requirements for the contents of the Plan. In preparing this Plan, the City is exercising its authority to "prepare and deliver to the County Auditor of the County in which it is located its plan for its own solid waste management for integration into the comprehensive county plan" (RCW 70.95.080). The City has conducted a public input process for the review of this Plan which took place from mid-July to August 31, 2014. City staff conducted an open house/public meeting on July 31, 2014 for the specific purpose of receiving public input. The review process for the Department of Ecology (DOE) consists of two parts, a 120 -day draft plan review which was completed and comments were received on August 21, 2014, and staff has prepared responses to these DOE comments and included revisions to the plan in response to these comments. The second part is a 45 -day final review and approval by DOE. Prior to this final review and approval from DOE, City Council will need to adopt the Plan by resolution. OPTIONS: The Council may adopt the Plan, or request changes. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 14-011, adopting the Solid Waste Management Plan. BUDGET/FINANCIAL IMPACTS: In the 2015 budget there is $125,000 allocated for this program. STAFF CONTACT: Eric Guth, Public Works Director ATTACHMENTS: Resolution 14-011, and attached Final Solid Waste Management Plan DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 14-011 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE CITY OF SPOKANE VALLEY SOLID WASTE MANAGEMENT PLAN, AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to the Spokane Regional Solid Waste Management System interlocal agreement entered into on July 15, 2003, between the City of Spokane Valley, Spokane County, and the City of Spokane (the "Solid Waste Interlocal"), the City of Spokane Valley (the "City") became part of the Spokane Regional Solid Waste Management System (the "Spokane Solid Waste System"); and WHEREAS, pursuant to the Solid Waste Interlocal, the Spokane Solid Waste System provided solid waste transfer, transport, and disposal services for all solid waste generated within the City; and WHEREAS, the Solid Waste Interlocal was amended by the parties on November 2, 2011 to terminate at 11:59 PM on November 16, 2014; and WHEREAS, pursuant to RCW 35.21.152, the City is granted authority to manage, regulate, maintain, utilize, operate, control and contract for solid waste handling systems, and may contract with any public or private party to operate publicly or privately owned or operated solid waste handling systems, and to designate particular publicly or privately owned or operated solid waste handling systems as disposal facilities; and WHEREAS, since the amendment to the Solid Waste Interlocal in 2011, the City has researched, reviewed, and conducted studies on options for solid waste handling of solid waste generated within the City's boundaries; and WHEREAS, pursuant to RCW 35.21.120, the City is granted authority to award contracts for any service related to solid waste handling, including contracts entered into under RCW 35.21.152; and WHEREAS, at the City Council's meeting on May 27, 2014, the City Council determined to contract with Sunshine Recyclers, Inc., to provide comprehensive solid waste transfer, transport, and disposal services for the residents of the City; and WHEREAS, the City entered into an agreement with Sunshine Recyclers, Inc., dated as of June 4, 2014, to provide comprehensive solid transfer, transport, and disposal services for the residents of the City (the "Sunshine Solid Waste Services Agreement"); and WHEREAS, pursuant to RCW 70.95.010, it is the responsibility of local government to assume primary responsibility for solid waste management within their jurisdictions; and WHEREAS, pursuant to RCW 70.95.080(3)(a), a city, upon assuming control of solid waste handling within its jurisdiction, is required to prepare a coordinated, comprehensive solid waste management plan to be integrated into the comprehensive county plan; and WHEREAS, pursuant to RCW 70.95.010, the Washington State Legislature has found the following priorities for the collection, handling, and management of solid waste are necessary and should be followed in descending priority order as applicable: (1) waste reduction, (2) recycling, with source separation of recyclable materials as the preferred method, (3) energy recovery, incineration, or landfill of separated waste, and (4) energy recovery, incineration, or landfill of mixed municipal solid wastes; and Resolution No. 14-011 Adopting Solid Waste Management Plan Page 1 of 3 DRAFT WHEREAS, pursuant to RCW 70.95.080(1), each solid waste management plan shall consider and plan for the following handling methods or services: (1) source separation of recyclable materials and products, organic materials, and wastes by generators, (2) collection of source separated materials, (3) handling and proper preparation of materials for reuse or recycling, (4) handling and proper preparation of organic materials for composting or anaerobic digestion, and (5) handling and proper disposal of nonrecyclable wastes; and WHEREAS, pursuant to RCW 70.95.080(2), after June 10, 2010, each local comprehensive solid waste management plan shall, at a minimum, consider methods to address the following: (1) construction and demolition waste for recycling or reuse, (2) organic material including yard debris, food waste, and food contaminated paper products for composting or anaerobic digestion, (3) recoverable paper products for recycling, (4) metals, glass, and plastics for recycling, and (5) waste reduction strategies; and WHEREAS, pursuant to RCW 70.95.010 and RCW 70.95.080, the City prepared a draft comprehensive solid waste management plan and took public comment on the draft plan by, (1) posting the draft plan on the City's website and accepting comments electronically, (2) placing a copy of the draft plan at the Spokane Valley Library, (3) making a copy of the draft plan available at City Hall, (4) conducting a public open house on July 31, 2014, and (5) accepting public comment at the regular meeting of the City Council on November 4, 2014; and WHEREAS, pursuant to chapter 43.21C RCW and chapter 21.20 Spokane Valley Municipal Code (SVMC), the City conducted a SEPA review of the draft plan and made a determination of nonsignificance; and WHEREAS, pursuant to RCW 70.95.094, the City provided the draft plan to the Washington Department of Ecology ("Ecology") for review on July 17, 2014; and WHEREAS, Ecology provided comments to the City on the draft plan on August 21, 2014; and WHEREAS, the City has considered the comments from Ecology and those received from the public and incorporated necessary changes into the draft plan; and WHEREAS, the City desires to designate the Sunshine Transfer and Disposal Station located at 2405 North University Road, Spokane Valley, as the Spokane Valley University Transfer Station, which shall be open to use by all residents of the City and the solid waste collection companies collecting solid waste within the City pursuant to the terms of the Sunshine Solid Waste Services Agreement; and WHEREAS, the City Council determines that adoption and implementation of the final Spokane Valley Solid Waste Management Plan is in the best interest for the public health, safety, welfare and environment for the City and its residents; and WHEREAS, the City Council desires to adopt and implement the final Spokane Valley Solid Waste Management Plan effective as of November 17, 2014; and WHEREAS, the City Council determines that existing State laws and regulations, existing Spokane County Regional Health District regulations, existing City regulations, the Sunshine Solid Waste Services Agreement, and the City's anticipated contracts for solid waste collection services with Waste Management of Washington and Sunshine Disposal, Inc. are sufficient to fully implement the final Comprehensive Solid Waste Management Plan as of November 17, 2014. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Resolution No. 14-011 Adopting Solid Waste Management Plan Page 2 of 3 DRAFT Section 1. Designated Transfer Station. The City Council hereby designates the Sunshine Transfer and Disposal Station located at 2405 North University Road, Spokane Valley, as the Spokane Valley University Transfer Station and as the City's designated disposal system, which is owned and operated by Sunshine Recyclers, Inc., and which shall be open to use by all City residents and the solid waste collection companies collecting solid waste within the City. Sunshine Recyclers, Inc. shall provide solid waste transfer, transport, and disposal services at the Spokane Valley University Transfer Station to the residents of the City and solid waste collection companies pursuant to the Sunshine Solid Waste Services Agreement. Section 2. Solid Waste Plan Adopted. The City Council hereby adopts the Spokane Valley Solid Waste Management Plan (the "Solid Waste Management Plan"), attached hereto as Exhibit "A" and incorporated herein by reference. The City Council hereby authorizes the City Manager to take all actions necessary within his authority to implement the Solid Waste Management Plan, including, but not limited to, finalizing and submitting the Solid Waste Management Plan to the Washington Department of Ecology for final approval and to Spokane County for inclusion within Spokane County's comprehensive solid waste management plan. Section 4. Applicability of Law. The City Council hereby fords and determines that as of the date of this Resolution, existing State laws and regulations, existing Spokane County Regional Health District regulations, existing City regulations, the Sunshine Solid Waste Services Agreement, and the City's anticipated contracts for solid waste collection services with Waste Management of Washington and Sunshine Disposal, Inc. are sufficient to fully implement the final Solid Waste Management Plan as of November 17, 2014. 2014. Section 3. Effective Date. This Resolution shall be in full force and effect November 17, Approved this day of November, 2014. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Dean Grafos, Mayor Approved as to form: Office of the City Attorney Resolution No. 14-011 Adopting Solid Waste Management Plan Page 3 of 3 ne SI1TkI SPOKANE VALLEY SOLID WASTE MANAGEMENT PLAN REVISED PLAN SEPTEMBER 2014 This page intentionally left blank to facilitate double -sided printing. GREEN SOLUTIONS N/ ENVIRONMENTAL CONSULTING SPOKANE VALLEY SOLID WASTE MANAGEMENT PLAN REVISED PLAN SEPTEMBER 2014 Prepared by: Green Solutions PO Box 680 South Prairie, WA 98385 rick@green-solutions.biz (360) 897-9533 This page intentionally left blank to facilitate double -sided printing. TABLE OF CONTENTS Executive Summary Introduction E-1 Overview of Recommendations E-1 Waste Reduction Recommendations E-2 Recycling and Organics Recommendations E-3 Solid Waste Collection Recommendations E-3 Transfer and Disposal Recommendations E-3 Special Waste Recommendations E-4 Administration Recommendations E-4 Implementation Details for the Recommendations E-5 1 Introduction 1.1 Purpose 1-1 1.2 Planning Area 1-1 1.3 Planning Authority 1-1 1.4 Required Plan Elements 1-1 1.5 Planning Goals 1-2 1.6 Solid Waste Planning History 1-3 1.7 Relationship to Other Plans 1-3 1.8 Public Participation in the Planning Process 1-4 2 Background of the Planning Area 2.1 Introduction 2-1 2.2 Demographics 2-1 2.3 Economy 2-2 2.4 Criteria for Siting Disposal Facilities in the Planning Area 2-4 2.5 Current Waste Generation 2-4 3 Waste Reduction 3.1 Existing Waste Reduction Activities 3-1 3.2 Waste Reduction Planning Issues 3-2 3.3 Alternative Waste Reduction Strategies 3-3 3.4 Evaluation of Waste Reduction Alternatives 3-8 3.5 Waste Reduction Recommendations 3-9 Spokane Valley Solid Waste Management Plan i Table of Contents by Green Solutions 4 Recycling and Organics Collection 4.1 Existing Recycling and Organics Programs 4-1 4.2 Designation of Recyclable Materials 4-6 4.3 Planning Issues for Recycling and Organics 4-8 4.4 Alternative Recycling and Organics Strategies 4-8 4.5 Evaluation of Recycling and Organics Alternatives 4-9 4.6 Recycling and Organics Recommendations 4-1 1 5 Solid Waste Collection 5.1 Existing Waste Collection Activities 5-1 5.2 Waste Collection Future Planning 5-3 5.3 Alternative Waste Collection Strategies 5-3 5.4 Evaluation of Waste Collection Alternatives 5-4 5.5 Waste Collection Recommendations 5-5 6 Transfer and Disposal 6.1 Existing Transfer and Disposal Activities 6-1 6.2 Transfer and Disposal Planning Issues 6-3 6.3 Alternative Transfer and Disposal Strategies 6-3 6.4 Transfer and Disposal Recommendations 6-4 7 Special Wastes 7.1 Introduction 7-1 7.2 Asbestos 7-1 7.3 Biomedical Wastes 7-2 7.4 Construction and Demolition Wastes 7-4 7.5 Moderate -Risk Wastes 7-6 7.6 Street Sweepings and Vactor Wastes 7-10 7.7 Evaluation of Special Waste Alternatives 7-1 1 7.8 Special Waste Recommendations 7-12 8 Administration 8.1 Existing Administration Activities 8-1 8.2 Administration Planning Issues 8-3 8.3 Alternative Administration Strategies 8-4 8.4 Evaluation of Administration Alternatives 8-4 8.5 Administration Recommendations 8-5 Spokane Valley Solid Waste Management Plan ii Table of Contents by Green Solutions 9 Implementation Plan 9.1 Introduction 9-1 9.2 Waste Reduction Recommendations 9-1 9.3 Recycling and Organics Recommendations 9-2 9.4 Solid Waste Collection Recommendations 9-2 9.5 Transfer and Disposal Recommendations 9-2 9.6 Special Waste Recommendations 9-3 9.7 Administration Recommendations 9-3 9.8 Six -Year Implementation Schedule 9-3 9.9 Implementation Responsibilities 9-5 9.10 Funding Strategy 9-6 9.11 Twenty -Year Implementation Schedule 9-6 9.12 Procedures for Amending the Plan 9-7 Attachments Glossary A. Environmental Checklist B. Resolution of Adoption LIST OF TABLES Executive Summary E-1, Implementation Summary for Recommendations E-6 2 Background of the Planning Area 2-1, Population of Spokane Valley 2-1 2-2, Size of Businesses in Spokane Valley 2-3 2-3, Types of Businesses in Spokane Valley 2-3 2-4, Estimated Composition of Solid Waste Disposed in Spokane Valley 2-6 2-5, Recycled and Diverted Materials 2-7 2-6, Projected Solid Waste and Recycling Quantities for Spokane Valley 2-8 3 Waste Reduction 3-1, Rating of the Waste Reduction Alternatives 3-9 Spokane Valley Solid Waste Management Plan iii Table of Contents by Green Solutions List of Tables, continued 4 Recycling and Organics Collection 4-1, Materials Collected for Recycling by Waste Management 4-3 4-2, List of Designated Recyclable Materials 4-7 4-3, Rating of the Recycling and Organics Alternatives 4-10 5 Solid Waste Collection 5-1, Waste Collection Service Providers in Spokane Valley 5-1 5-2, Rating of the Waste Collection Alternatives 5-5 6 Transfer and Disposal 6-1, Preliminary Cost Analysis for Regional System 6-4 6-2, Rating of the Transfer and Disposal Alternatives 6-6 7 Special Wastes 7-1, Rating of the Special Waste Alternatives 7-12 8 Administration 8-1, Rating of the Administration Alternatives 8-5 9 Implementation Plan 9-1, Implementation Schedule for Recommendations 9-4 9-2, Implementation Responsibilities for Recommendations 9-5 9-3, Funding Strategies for Recommendations 9-6 LIST OF FIGURES 2 Background of the Planning Area 2-1, Population Distribution for Spokane Valley 2-2 4 Recycling and Organics Collection 4-1, Price Paid for Baled Aluminum Cans 4-5 4-2, Prices Paid for Select Recyclable Materials 4-5 6 Transfer and Disposal 6-1, Solid Waste Facilities in Spokane Valley 6-2 Spokane Valley Solid Waste Management Plan iv Table of Contents by Green Solutions EXECUTIVE SUMMARY for the SPOKANE VALLEY SOLID WASTE MANAGEMENT PLAN INTRODUCTION The Spokane Valley Solid Waste Management Plan (the "Plan") is intended to provide guidance for the solid waste system in the City of Spokane Valley. The solid waste system includes garbage collection and disposal, and programs for waste reduction, recycling, organics, special wastes and the administration of these programs. This Plan is intended to provide guidance on program development and implementation for these activities for the next five to six years, while also attempting to anticipate the needs of the solid waste system 20 years from now. State law (Chapter 70.95 RCW) provides the authority for the City to adopt this Plan and also lists the requirements for the contents of the Plan. In preparing this Plan, the City is exercising its authority to "prepare and deliver to the county auditor of the county in which it is located its plan for its own solid waste management for integration into the comprehensive county plan" (RCW 70.95.080). OVERVIEW OF RECOMMENDATIONS The most significant recommendations in this Plan deal with the new programs and activities that will be necessary for the City of Spokane Valley to create its solid waste system. The City recently contracted with Sunshine Recyclers, Inc. ("Sunshine"1) to provide solid waste transfer, transport, and disposal services for the City. This Plan designates the Sunshine Disposal & Recycling Transfer Station ("Sunshine Transfer Station") as the disposal facility for all solid waste from the City. An administrative fee paid by that facility will provide funding for the public education and other additional activities that the City will need to perform in support of the new system. This Plan also incorporates the changes resulting from the contracts with the waste haulers in the City (Waste Management and Sunshine Disposal). The process of contracting for waste collection services was already underway before the development of this Plan, and is a logical step for the City to take to ensure the appropriate services for their residents and businesses. 1 Sunshine Recyclers, Inc. operates a number of businesses providing transfer, disposal, and collection services. For the purposes of this Plan, "Sunshine" refers to that entity providing transfer, transport, and disposal services to the City pursuant to its recent contract, while "Sunshine Disposal" refers to the entity providing solid waste and recycling collection services. Spokane Valley Solid Waste Management Plan E-1 Executive Summary by Green Solutions All of the recommendations made in this Plan are listed below and are also summarized in Table E-1. Note that the recommendations are not listed in any particular order within each group (for instance, the three high-priority recommendations shown for waste reduction are not listed in any particular order, such as schedule or cost, within that group). WASTE REDUCTION RECOMMENDATIONS The following recommendations are being made for waste reduction programs (see Chapter 3 of the Plan for more details): High -Priority Recommendations WR1) The City of Spokane Valley will evaluate product stewardship programs as these are proposed on a statewide or national level, and support those if appropriate to the interests of their citizens and the business community. WR2) The business community in Spokane Valley may be encouraged to reduce waste through a recognition program that publicizes success stories. WR3) The City of Spokane Valley will adopt policies and practices to encourage City departments to reduce waste. WR4) Round -up events should be conducted at least annually by the City of Spokane Valley. Medium -Priority Recommendations WR5) Public education materials distributed by the City of Spokane Valley will include information on alternative handling methods for yard waste, the value of "smart shopping" methods, how to avoid wasting food, and the availability of volume -based garbage collection fees. Low -Priority Recommendations WR6) A ban on the disposal of yard waste within solid waste disposal containers may be considered in the future if public education and outreach efforts are not effective in diverting most of this material from the waste stream. Spokane Valley Solid Waste Management Plan E-2 Executive Summary by Green Solutions RECYCLING AND ORGANICS RECOMMENDATIONS The following recommendations are being made for recycling and organics collection programs (see Chapter 4 for more details): High -Priority Recommendations R1) Curbside recycling will continue to be included with garbage collection services for residential customers in Spokane Valley. R2) City residents and businesses will be encouraged to use the Sunshine Transfer Station for yard waste and organics ("Clean Green") drop-off services. Medium -Priority Recommendations R3) Weekly curbside recycling will be evaluated as part of the waste collection system changes expected to be implemented by Spokane Valley in 2018. SOLID WASTE COLLECTION RECOMMENDATIONS The following recommendations are being made for waste collection programs (see Chapter 5 for more details): High -Priority Recommendations C1) When the City fully assumes control of collection services, anticipated to be in 2018, various options will be considered for providers and service levels, including negotiating versus bidding for haulers and collection frequency for recycling. Medium -Priority Recommendations C2) Educate the public on the benefits of curbside collection services and the comprehensive costs related to self -haul to transfer station. TRANSFER AND DISPOSAL RECOMMENDATIONS Pursuant to the City's agreement with Sunshine Recyclers, Inc., the following recommendation is being made for transfer and disposal programs (see Chapter 6 for more details): Spokane Valley Solid Waste Management Plan E-3 Executive Summary by Green Solutions High -Priority Recommendations D1) The Sunshine Transfer Station is designated as the disposal system for all solid waste from Spokane Valley, effective November 17, 2014. SPECIAL WASTE RECOMMENDATIONS The following recommendations are being made for special waste programs (see Chapter 7 for more details): High -Priority Recommendations SW1) Proper disposal options for residential sharps (syringes) will be promoted through a cooperative effort between the City of Spokane Valley, the Spokane Regional Health District ("Health District"), and the waste collectors. SW2) Green building practices will be promoted by distributing brochures and publicizing other sources of information. SW3) City residents will be encouraged to use the Sunshine Transfer Station for household hazardous wastes. SW4) Sunshine Recyclers should consider providing MRW disposal services to businesses (CESQGs) in the future. ADMINISTRATION RECOMMENDATIONS The following recommendations are being made for administration programs (see Chapter 8 for more details): High -Priority Recommendations Al) The additional services and programs needed by the City to support the City's solid waste system will be performed by contracted services to the extent feasible and appropriate. Existing City staff will be used to monitor the contracts and programs for solid waste in the City of Spokane Valley. Medium -Priority Recommendations A2) The additional funds needed to implement the City's solid waste system will be collected through surcharges on tipping fees collected at the Sunshine Transfer Station. Spokane Valley Solid Waste Management Plan E-4 Executive Summary by Green Solutions IMPLEMENTATION DETAILS FOR THE RECOMMENDATIONS Table E-1 shows a summary of the recommendations, including the following information: • Lead agency (or company): each recommendation requires an agency or company to verify that it is implemented in a timely fashion. The City of Spokane Valley is the lead agency for most of the recommendations, but in some cases this responsibility is shared with other parties. • Priority: the level of priority is shown for each recommendation in case limited resources should prevent the implementation of all of the recommendations in the future. • Cost: cost information is shown where available, and the cost figures shown are only the costs to the City. In some cases, there may be additional costs to others in terms of user fees and other expenses. For many of the recommendations, the primary expense is staff time. • Funding sources: the proposed source(s) of the funds to pay for recommended activities is shown in the last column of Table E-1. The funding source for several of the recommendations is shown as "Fee/CPG," which is an abbreviated way of saying that the funds would come from the fees charged to Sunshine (the administrative fee and the right-of-way maintenance fee, collectively referred to as a "disposal surcharge" throughout this Plan) and/or Coordinated Prevention Grant ("CPG") funds when those become available to the City in mid -2015. Additional details for most of the recommendations can be found in the appropriate chapters of this Plan. The recommendations are numbered according to the chapter where they are discussed for easier cross-referencing to other parts of the Plan. Recommendation #WR1, for instance, is the first recommendation shown in the Waste Reduction chapter (Chapter 3). Note that many of the recommendations are shown in an abbreviated form in Table E-1 due to space constraints. Spokane Valley Solid Waste Management Plan E-5 Executive Summary by Green Solutions Table E-1 Implementation Summary for Recommendations Recommended Activity Lead Agency Priority Annual Cost Funding Source Chapter 3, Waste Reduction WR1) Support product stewardship programs as appropriate City High Staff time NA WR2) Business waste reduction recognition program City High $25K Fee/CPG WR3) Adopt city waste reduction policies City High Staff time NA WR4) City will conduct round -up events City High Staff time Fee /CPG WR5) Promote waste reduction City Medium $100K* Fee /CPG WR6) Consider yard waste disposal ban City Low Staff time NA Chapter 4, Recycling and Organics R1) Continue to include curbside recycling with garbage service City High Staff time NA R2) Encourage use of Sunshine Transfer Station for Clean Green City High Staff time** Fee /CPG R3) Evaluate weekly curbside recycling City Medium Staff time NA Chapter 5, Solid Waste Collection 01) Contract for collection service City High Staff time NA C2) Increase curbside collection subscriptions City Medium Staff time NA Chapter 6, Transfer and Disposal D1) Designate Sunshine Transfer Station as the disposal site for all waste from Spokane Valley City High NA NA Chapter 7, Special Wastes SW1) Promote proper disposal of residential sharps Health District High $25-$50K Fee /CPG SW2) Promote green building City High $5K Fee /CPG SW3) Encourage use of Sunshine Transfer Station for MRW City High Staff time** Fee /CPG SW4) Sunshine should consider serving CESQG's. Sunshine High NA User Fees Chapter 8, Administration Al) Use existing staff City High Staff time NA A2) Disposal surcharge as funding source City Medium Staff time NA Notes: NA = Not Applicable. *The cost for Recommendation WR5 includes other public education. ** Includes expenses for public education, the cost of which are included in the cost shown to Recommendation WR5. Spokane Valley Solid Waste Management Plan by Green Solutions E-6 Executive Summary CHAPTER 1 INTRODUCTION 1.1. PURPOSE This Plan is intended to guide the solid waste system in the City of Spokane Valley. The City's solid waste system (the "City's System") includes garbage collection and disposal, as well as programs for waste reduction, recycling, organics, special wastes, and for the administration of these programs. This Plan is intended to provide guidance for the implementation of the City's System for the next five to six years, while also attempting to anticipate the needs of the City's System for the next 20 years. 1.2. PLANNING AREA This Plan primarily addresses programs and activities for the incorporated area of the City of Spokane Valley, although a few of the activities extend beyond City limits. There are no known Tribal properties in the City, but there are eighteen federally - owned properties that could potentially choose to manage their solid waste separately from the City's System. The federal properties range in size from 0.15 to 21.1 acres. Figure 6-1 shows a map of Spokane Valley and local solid waste facilities. 1.3. PLANNING AUTHORITY State law (Chapter 70.95 RCW) provides the authority for the City to develop and implement this Plan. In preparing this Plan, the City is exercising its authority to "prepare and deliver to the county auditor of the county in which it is located its plan for its own solid waste management for integration into the comprehensive county plan" (RCW 70.95.080(3)(a)). 1.4. REQUIRED PLAN ELEMENTS RCW 70.95.090 establishes requirements for solid waste management plans. These requirements include the following elements: • An inventory and description of existing solid waste handling facilities including any deficiencies in meeting current needs. • The projected 20 -year needs for solid waste handling facilities. • A program for the development of solid waste handling facilities that meets all laws and regulations, takes into account comprehensive land use plans, contains a six - Spokane Valley Solid Waste Management Plan by Green Solutions 1-1 Chapter 1: Introduction year construction and capital acquisition program, and contains a plan for financing the capital costs and operational expenses of the proposed solid waste system. • A program for surveillance and control (to avoid or mitigate the negative impacts of improper waste handling). • An inventory and description of solid waste collection operations, including the identification of collection franchise holders, municipal operations, population densities by service area, and the projected waste collection needs for six years. • A comprehensive waste reduction and recycling element that provides programs to reduce the amount of wastes generated, provides mechanisms and incentives for source separation, and establishes recycling opportunities. • A review of potential areas that meet the criteria for land disposal facilities (RCW 70.95.165). 1.5. PLANNING GOALS The goal of this Plan is to develop and maintain a solid waste management system that protects public health and the environment in a cost-effective manner. The specific goals of this Plan are to: • Ensure convenient and reliable services for managing solid waste. • Promote the use of innovative and economical waste handling methods. • Encourage public-private partnerships where possible. • Emphasize waste reduction as a fundamental management strategy. • Encourage the recovery of marketable resources from solid waste. • Assist the State in maintaining its goal of a 50 percent recycling rate. • Ensure compliance with state and local solid and moderate -risk waste regulations. • Assist those who sell and use products containing hazardous ingredients to minimize risks to public health and the environment. • Provide customers information and education to promote recommended waste management practices. • Support the State's Beyond Waste goals, especially for the five key initiatives: increased diversion of organic materials; increased use of green building methods; improved management of small -volume hazardous wastes; improved management of industrial wastes; and measuring progress. One of the six major goals of the Spokane Valley City Council for 2014 is to "implement solid waste alternatives for collection, transport and disposal in the best interest of the City of Spokane Valley." Spokane Valley Solid Waste Management Plan by Green Solutions 1-2 Chapter 1: Introduction 1.6. SOLID WASTE PLANNING HISTORY The City of Spokane Valley was incorporated in 2003. Since that time, representatives of the City have participated in the Spokane County solid waste plan through an Interlocal Agreement effective July 15, 2003 through November 16, 2014. Since 2003, City representatives have participated in planning efforts through membership on the Spokane County Solid Waste Advisory Committee ("SWAC") and the Spokane Regional Solid Waste Liaison Board. Both of these groups were instrumental in the review and adoption of the Spokane County 2009 Comprehensive Solid Waste Management Plan. 1.7. RELATIONSHIP TO OTHER PLANS This Plan is designed to be consistent with a number of other plans. The most significant of these plans are described below. Spokane County Solid Waste Management Plan To date, the City of Spokane Valley has participated in the development of the Spokane County 2009 Comprehensive Solid Waste Management Plan and has implemented programs consistent with that plan. Hence, the City is starting this planning process from a point that is consistent with the Spokane County plan. While future programs in the City may diverge from the County programs, the use of regional service providers and facilities will help ensure consistency for most programs. Washington State Solid Waste Management Plan In 2004, the Washington State Department of Ecology ("Ecology") prepared a statewide solid waste management plan, commonly referred to as the "Beyond Waste Plan." The Beyond Waste Plan adopted a vision that states that society can transition to a point where waste is viewed as inefficient and most wastes have been eliminated. This transition is expected to take 20 to 30 years or more. In the short term, the Beyond Waste Plan recommends actions that can be undertaken to achieve specific goals in five areas: • Increased diversion of organic materials; • Increased use of green building methods; • Improved management of small -volume hazardous wastes; • Improved management of industrial wastes; and • Measuring progress. The Beyond Waste Plan was updated in 2009 to refine the goals and recommendations of the 2004 plan. The 2009 update also addressed additional solid and hazardous waste Spokane Valley Solid Waste Management Plan by Green Solutions 1-3 Chapter 1: Introduction issues. The Beyond Waste Plan is discussed in greater detail in several sections of this Plan as appropriate to the topics in each chapter. City Comprehensive Plan The Spokane Valley Comprehensive Plan ("SVCP") provides a 20 -year vision for the future of Spokane Valley. The vision statement adopted by the SVCP is that Spokane Valley will be "a community of opportunity where individuals and families can grow and play and businesses will flourish and prosper." The SVCP was adopted April 25, 2006, and revisions to the SVCP are considered annually. The SVCP provides a significant amount of detail for policies and programs for related topics (land use, transportation, utilities, etc.), and as such it should be considered to have precedence over this Plan in those matters. Programs proposed in this Plan, especially those that might impact capital facilities, land use and transportation, should be checked against the SVCP to ensure consistency. 1.8. PUBLIC PARTICIPATION IN THE PLANNING PROCESS The City conducted a public input process for the review of the draft Plan from mid- July to August 31, 2014. When the draft Plan was released in July, a digital copy was placed on the City's website and hard copies were placed at the City Clerk's office and at the public library. Notices were provided to City residents and businesses as to the availability of the draft Plan and the process for providing comments. The public also had an opportunity to comment on this Plan at an open house/public meeting conducted on July 31 for the specific purpose of receiving public input, as well as through the SEPA review process. Comments could also be submitted through the City's website, www.spokanevalley.org. Despite these opportunities, no public comments were received on the draft Plan. Comments were received on the draft Plan from Ecology on August 25, 014. Revisions have been made in this Plan in response to Ecology's comments. The City will use its standard adoption process for the final Plan. This process includes three steps: an informational memo to the City Council, an administrative report and work session, and a formal meeting where the Plan will be approved and adopted. Public comment will be accepted at the formal meeting of the City Council prior to adoption, which is anticipated to occur in November 2014. The City will also provide additional opportunity for public comment prior to consideration of the Plan by City Council. Spokane Valley Solid Waste Management Plan by Green Solutions 1-4 Chapter 1: Introduction CHAPTER 2 BACKGROUND OF THE PLANNING AREA 2.1. INTRODUCTION This chapter of the Plan provides basic information that is used in later chapters, including information on demographics, economic factors, and the amount and composition of waste generated in the City. It also discusses the criteria for siting disposal facilities (landfill or incinerator) in the City. 2.2. DEMOGRAPHICS Total Population The population of Spokane Valley has increased steadily since the City's incorporation in 2003 (see Table 2-1). Based on population, Spokane Valley is the tenth largest city in Washington State, and it is more populated than two-thirds (26 out of 39) of the counties in Washington State. Table 2-1 Population of Spokane Valley Year Total Population Annual Increase 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Projected Figures 2014 2020 2025 2030 82,985 83,436 84,465 86,601 87,894 88,513 88,969 89,755 90,110 90,550 91,490 92,600 96,657 100,175 103,820 0.5% 0.5% 1.2% 2.5% 1.5% 0.7% 0.5% 0.9% 0.4% 0.5% 1.0% 1.2% 0.7% 0.7% 0.7% Source: Data for 2003-2013 is from the Washington Office of Financial Management (OFM). Data for 2014 through 2030 is from the Spokane Valley Planning Division. Spokane Valley Solid Waste Management Plan by Green Solutions 2-1 Chapter 2: Background of the Planning Area Housing Based on the most recent census, in 2010 there were 89,755 people occupying 36,558 households. There were another 2,293 households that were vacant at that time. Over half (62%) of the households were owner -occupied. Two-thirds (67.4%) of the housing in 2010 was single-family homes, with another 5.0% in duplexes through quadplexes, 21.4% in multi -family units (five or more units per building), and 6.2% in mobile homes. Age of Population The population distribution for Spokane Valley according to age is illustrated in Figure 2-1. Compared to the age distribution for Washington State, Spokane Valley's population contains a slightly higher percentage of young children (ages 0-4), slightly fewer middle-aged residents (ages 30-44), and a slightly higher percentage of senior citizens (ages 65 and up). 8.0% 7.0% To 6.0% 1— 5.0% 4.0% 3.0% - 2.0% 1.0% 0.0% Figure 2-1 Population Distribution for Spokane Valley Ch rn rn rn rn rn Ch Ch + O rI N N m m u1 u1 LID LID N N oo O u, o u, o u, o u, o u, o u, o u, 0 00 N N m m 7r u1 u1 LID LID N N 00 Age Groups Sources: Data is from the Washington Office of Financial Management (OFM). 2.3. ECONOMY Washington State Spokane Valley The City of Spokane Valley has a stable business environment and recognizes the importance of businesses in providing a strong local economy. The City provides relatively more assistance to businesses than other areas, especially in permitting new businesses and developing new sites. The City has a large industrial park (one of the Spokane Valley Solid Waste Management Plan by Green Solutions 2-2 Chapter 2: Background of the Planning Area largest industrial parks in the country). Tables 2-2 and 2-3 show basic information about businesses in Spokane Valley. For Table 2-3, this information is organized according to Standard Industrial Classification ("SIC") codes, which is a federal system of organizing businesses by type of activity. Table 2-2 Size of Businesses in Spokane Valley (2013) Business Size Number of Businesses Percentage 1-4 Employees 5-9 Employees 10-19 Employees 20-49 Employees 50-99 Employees 100-249 Employees 250-499 Employees 500-999 Employees 1,000+ Employees Total 2,754 909 496 361 121 69 10 4 1 4,725 58.3% 19.2% 10.5% 7.6% 2.6% 1.5% 0.2% 0.1% 0.02% Source: Data is from the Spokane Regional Site Selector and is for 2013. Table 2-3 Types of Businesses in Spokane Valley (2013) Business Type Number of Employees Percentage Agricultural, Forestry and Fishing (SIC 1-9) Mining (SIC 10-14) Construction (SIC 15-17) Manufacturing (SIC 20-39) Transportation and Communications (SIC 40-49) Wholesale Trade (SIC 50-51) Retail Trade (SIC 52-59) Finance, Insurance, and Real Estate (SIC 60-69) Services (SIC 70-89) Public Administration (SIC 90-98) Unclassified (SIC 99) Total 640 50 2,647 5,825 3,187 4,045 12,820 2,599 19,146 1,189 210 52,359 1.2% 0.1 5.1 11.1% 6.1 7.7% 24.5% 5.0% 36.6% 2.3% 0.4% Source: Data is from the Spokane Regional Site Selector and is for 2013. SIC = Standard Industrial Classification. Spokane Valley Solid Waste Management Plan by Green Solutions 2-3 Chapter 2: Background of the Planning Area 2.4. CRITERIA FOR SITING DISPOSAL FACILITIES IN THE PLANNING AREA The minimum required contents for a solid waste management plan include "a review of potential areas that meet the criteria for land disposal facilities" (RCW 70.95.090). These criteria are listed in a different section of State law, RCW 70.95.165, which refers to solid waste disposal facility siting, and include: (a) Geology (b) Groundwater (c) Soil (d) Flooding (e) Surface water (f) Slope (g) Cover material (h) Capacity (i) Climatic factors (j) Land use (k) Toxic air emissions (1) Other factors determined by Ecology Reviewing the siting factors in a solid waste management plan being prepared for a county, which would have a larger land area and potential landfill sites located away from urban areas, is more meaningful than addressing these criteria in this Plan. The area addressed by this Plan consists of only 38.2 square miles and has a population density of 2,394 people per square mile, making it highly unlikely that a solid waste disposal facility would be sited in the area. In addition, one of the standards adopted by Ecology prohibits the siting of MSW or limited purpose landfills over federally - designated sole source aquifers. The City of Spokane Valley is located over the Spokane Valley-Rathdrum Aquifer, which has been designated as a sole source aquifer. Hence, no new or expanded MSW or limited purpose landfills may be sited in Spokane Valley. Other types of land disposal facilities, such as land application sites, piles, and surface impoundments, might be possible in the planning area, but the specific factors that affect the siting of these types of facilities vary widely and will need to be reviewed at the time a specific proposal is being considered. 2.5. CURRENT WASTE GENERATION The current amount of waste generated in the City of Spokane Valley is estimated at 55,540 tons per year (see Table 2-5). This estimate includes residential and commercial waste quantities collected by the two waste collection companies currently active in the City, as well as the amounts "self-hauled"2 by residents and businesses to a transfer station. There is no data specific to Spokane Valley for the composition of this waste or 2 "Self -haul" is the term used for the practice of a waste generator (the person or company that created the waste) to haul their own waste to a transfer station or other disposal facility. This is a common practice for construction contractors, for instance, and in Spokane Valley there are also a significant number of residents who choose to use this method rather than subscribe to garbage collection services. Spokane Valley Solid Waste Management Plan by Green Solutions 2-4 Chapter 2: Background of the Planning Area for the amounts of recyclable and compostable materials that are collected from the City, but the following sections describe the best available information for these. Composition of Spokane Valley's Solid Waste Table 2-4 shows the estimated composition of the solid wastes disposed from Spokane Valley. These figures are provided for planning purposes and are based on data developed for a 12 -county area in eastern Washington State. These figures can be used together with the waste disposal estimate of 55,540 tons per year to provide estimates for the amounts of specific materials disposed annually (as shown in the last column of Table 2-4). Amount of Recyclable Materials Collected from Spokane Valley Ecology conducts an annual survey of the amount of materials collected for recycling and composting in Washington State. This survey includes amounts collected through curbside recycling programs and also commercial and special collections for a wide variety of materials. Ecology can provide this data for each county, but the data is not available on a city -by -city basis. Prorating the data for Spokane County appears to be the best available source of data on how much recycling is currently conducted in Spokane Valley. Since 1999, Ecology has also collected data on the amount of "diverted" materials, which are materials that are diverted from disposal to beneficial uses that are not defined as recycling. Examples of diverted materials include asphalt and concrete that are recycled (these materials are not included in the definition of recycling) and wood waste burned for energy (incineration is also not defined as recycling). Table 2-5 shows the most recent recycling data for Spokane County (2012) and prorated figures for Spokane Valley based on the City's share of the County's population (19.0% in 2012). Table 2-5 uses a prorated share (55,540 tons) of the total solid waste amount for the County in order to provide a consistent analysis here. This figure is often called "MSW" (municipal solid waste), which does not include some types of industrial and other wastes. Construction and demolition ("C&D") wastes are also not generally included in MSW, although some amount of this is actually included in the MSW figures (to the extent that these materials are being handled as part of the regular waste stream and not being disposed at special facilities such as inert waste or limited purpose landfills). Industrial and C&D wastes are the primary sources of the amounts shown as "non -MSW disposed" in Table 2-5. As indicated in Table 2-5, the amount of waste "generated" includes both the waste disposed plus the amount recycled or diverted. Figures are provided in Table 2-5 for both MSW and also for the broader waste stream that includes non -MSW materials. The last two rows of Table 2-5 show per capita figures for recycling, disposal and waste generation. These figures are expressed in terms of pounds per person per day. Spokane Valley Solid Waste Management Plan by Green Solutions 2-5 Chapter 2: Background of the Planning Area Table 2-4 Estimated Composition of Solid Waste Disposed in Spokane Valley Materials Percent of Total (by weight) Amount Disposed (tons per year) Paper Newspaper 1.8 1,000 Cardboard 4.7 2,610 Other Recyclable Paper 9.5 5,280 Compostable Paper 4.4 2,440 Remainder/Composite 1.5 830 Total Paper 21.9 12,160 Plastics PET Bottles 0.8 440 HDPE Bottles 1.0 560 Other Plastic Pkg. 1.9 1,060 Film and Bags 4.2 2,330 Other Products 1.3 720 Remainder/Composite 1.4 780 Total Plastics 10.7 5,940 Glass Clear Glass Containers 0.8 440 Green Glass Containers 0.4 220 Brown Glass Containers 0.6 330 Stoneware, Ceramics 0.2 110 Remainder/Composite 0.3 170 Total Glass 2.3 1,280 Metals Aluminum Cans 0.4 220 Tin Cans 0.7 390 Other Non -Ferrous Metals 0.5 280 Other Ferrous Metals 2.6 1,440 Mixed Metal & Other 2.7 1,500 Total Ferrous Metals 6.9 3,830 Organics Food 10.8 6,000 Yard Wastes 9.8 5,540 Manures 2.8 1,560 Other Organics 2.4 1,330 Total Organics 25.8 14,330 Consumer Textiles 2.0 1,110 Products Furniture, Mattresses 2.7 1,500 All Other 2.1 1,170 Total Consumer Products 6.8 3,780 Other Wood 9.0 5,000 Construction 11.3 6,280 Hazardous/Special Wastes 3.7 2,050 Residues 1.5 830 Total Other 25.5 14,160 Totals 100.0% 55,540 Source: 2009 Washington Statewide Waste Characterization Study, Ecology 2010. Percentage figures are for the Eastern region (as defined by that study), which includes Spokane and 11 other counties. Figures may not add up exactly due to rounding. Spokane Valley Solid Waste Management Plan by Green Solutions 2-6 Chapter 2: Background of the Planning Area Table 2-5 Recycled and Diverted Materials (2012) Source: Data for Spokane County is from the Spokane Regional Solid Waste System webpage. Figures for the City of Spokane Valley are prorated from County data based on City's 19.0% of population in 2012. Municipal Solid Waste Planning Projections Table 2-6 shows figures for the amount of solid waste projected to be recycled, disposed and generated in Spokane Valley for the next 20 years. These figures do not include the diverted and disposed amounts of non -MSW wastes. These figures were derived using the per capita figures shown in Table 2-5 and the population projections shown in Table 2-1. In other words, these projections assume that the recycling rate and disposal rates will remain constant over the next 20 years (which is an unlikely scenario). It should also be noted that recycled and disposed quantities vary throughout the year. The lowest amounts of recycling and waste disposal generally occur in the winter months (but typically with a spike in waste quantities after Christmas), and the greatest amounts often occur in the spring and fall. Recent data for the Valley Transfer Station (2012) shows the greatest amounts of solid waste received in May and August, and the greatest amounts of Clean Green received in May and November. Better data on solid waste quantities for Spokane Valley will be available in the future as a result of the contract signed with Sunshine. That contract requires Sunshine to provide an annual report on the monthly amounts of waste disposed at their transfer station by type of waste (total solid waste, acceptable waste, recyclables, organics, which are the same as Clean Green, C&D, MRW, special waste and unacceptable Spokane Valley Solid Waste Management Plan by Green Solutions 2-7 Chapter 2: Background of the Planning Area Spokane County Spokane Valley Recycled Amount 352,913 67,053 MSW Disposed 292,337 55,544 Total MSW Generated 645,250 122,597 Recycling Rate 54.7% 54.7% Diverted Amount (Non -MSW) 231,863 44,054 Non -MSW Disposed 147,711 28,065 Total Non -MSW Generated 379,573 72,119 Recycling Rate, Non -MSW Only 61.1% 61.1% All Recycling and Diversion 584,776 111,107 All Wastes (MSW and Non -MSW) 440,048 83,609 Total Generation, All Wastes 1,024,823 194,716 Diversion Rate 57.1% 57.1% Pounds per Capita (MSW Only) Recycled 4.07 4.07 Disposed 3.37 3.37 Generated 7.43 7.43 Source: Data for Spokane County is from the Spokane Regional Solid Waste System webpage. Figures for the City of Spokane Valley are prorated from County data based on City's 19.0% of population in 2012. Municipal Solid Waste Planning Projections Table 2-6 shows figures for the amount of solid waste projected to be recycled, disposed and generated in Spokane Valley for the next 20 years. These figures do not include the diverted and disposed amounts of non -MSW wastes. These figures were derived using the per capita figures shown in Table 2-5 and the population projections shown in Table 2-1. In other words, these projections assume that the recycling rate and disposal rates will remain constant over the next 20 years (which is an unlikely scenario). It should also be noted that recycled and disposed quantities vary throughout the year. The lowest amounts of recycling and waste disposal generally occur in the winter months (but typically with a spike in waste quantities after Christmas), and the greatest amounts often occur in the spring and fall. Recent data for the Valley Transfer Station (2012) shows the greatest amounts of solid waste received in May and August, and the greatest amounts of Clean Green received in May and November. Better data on solid waste quantities for Spokane Valley will be available in the future as a result of the contract signed with Sunshine. That contract requires Sunshine to provide an annual report on the monthly amounts of waste disposed at their transfer station by type of waste (total solid waste, acceptable waste, recyclables, organics, which are the same as Clean Green, C&D, MRW, special waste and unacceptable Spokane Valley Solid Waste Management Plan by Green Solutions 2-7 Chapter 2: Background of the Planning Area wastes). The report will also include the number of trips by haulers and self -haulers, and the number of customer service inquiries. A review of the current programs operating in Spokane Valley concluded that they are fully capable of handling current disposed and recycled quantities, and that these programs should be able to continue handling future quantities (for the next 20 years) as well. Table 2-6 Projected Solid Waste and Recycling Quantities for Spokane Valley 2012 2020 2030 Population Recycled Amounts, tons/year Disposed Amounts, tons/year Total Waste Generated, tons/year 90,550 67,191 55,658 122,850 96,657 71,723 59,412 131,135 103,820 77,038 63,815 140,853 Source: Based on the per capita figures shown in Table 2-5 and population figures shown in Table 2-1. Spokane Valley Solid Waste Management Plan by Green Solutions 2-8 Chapter 2: Background of the Planning Area CHAPTER 3 WASTE REDUCTION 3.1. EXISTING WASTE REDUCTION ACTIVITIES Waste reduction refers to any action that avoids the generation of waste or reduces the toxicity of waste before it reaches the waste stream. Washington State law designates waste reduction as the highest priority waste management strategy. Examples of waste reduction methods include: • Reduce materials used in product manufacturing. • Increase the useful life of a product through durability and reparability. • Decrease the toxicity of products. • Reuse a product. • Reduce consumer use of materials and products. Existing waste reduction activities in Spokane Valley include public education, participation in regional programs, volume -based garbage fees, and backyard composting. These program elements are discussed below. Public Education To date, the City has distributed brochures developed by the Spokane Regional Solid Waste System (the "Regional System"). These brochures address waste reduction, reuse, mulching, composting, and household hazardous waste. Other Regional Programs The City has participated in regional programs to encourage waste reduction. These programs have included school and youth education, public education, coalitions with other entities, business and institution education, and home composting. More information about these programs can be found in the Spokane County 2009 Comprehensive Solid Waste Management Plan. Volume -Based Garbage Collection Fees Volume -based collection fees provide important feedback to residents and businesses and help educate them to the idea that there is a cost associated with the amount of waste they produce. In Spokane Valley, garbage collection costs vary according to the size of the container and frequency of collection for both residential and commercial customers. For residential customers, current garbage collection charges range from $14.45 per month for a 35 -gallon cart emptied weekly to $29.14 for a 96 -gallon cart emptied weekly (for carts provided by the waste hauler, Waste Management). Waste Management's website points out the potential for cost savings and provides tips for Spokane Valley Solid Waste Management Plan by Green Solutions 3-1 Chapter 3: Waste Reduction reducing the amount of garbage. Private and Personal Reuse Efforts The reuse and other waste reduction efforts conducted by residents, businesses and non-profit groups in Spokane Valley should not be overlooked. Although many of these are individual efforts that only deal with a small amount of products, altogether these activities provide a huge benefit to the local economy and avoid additional waste generation. Examples of these activities include garage sales, donations to charitable and for-profit organizations, the use of Craigslist and eBay, collection and reuse of building materials by Habitat for Humanity, and many other related activities. Backyard Composting Backyard composting is addressed here (instead of in the next chapter) because it is considered a waste reduction method. The City has promoted backyard composting through local public education efforts and also through regional efforts. City Code The Spokane Valley Municipal Code does not specifically encourage or discourage waste reduction activities, but does provide a mechanism for controlling potential problems that could result from two waste reduction activities: garage sales and backyard composting. Garage sales lasting more than seven consecutive days or occurring on more than two consecutive weekends are not allowed by city code. Compost piles found to be attracting an infestation of insects or other vermin are also not allowed. 3.2. WASTE REDUCTION PLANNING ISSUES Waste reduction is the highest priority waste management strategy because it conserves resources, reduces waste management costs, and minimizes pollution. Waste reduction programs can be the most difficult to implement, however, because these programs may require changes in production methods and consumption patterns, and are influenced by national/global economies and other factors that are typically beyond the control of local government. Specific waste reduction issues are discussed below. Food Waste Food waste is one of the largest components of the waste stream (see Table 2-4) and as such deserves attention as to the waste reduction possibilities for it. At the same time, there is increasing national awareness as to the amount of edible food that is going to waste. According to a recent report by the Natural Resources Defense Council,3 40% of 3 From "Wasted: How America is Losing up to 40 Percent of its Food from Farm to Fork to Landfill," by Dana Gunders, staff scientist with the Natural Resources Defense Council, August 2012. Spokane Valley Solid Waste Management Plan by Green Solutions 3-2 Chapter 3: Waste Reduction edible food is wasted as it travels from farms to kitchen tables. According to the USDA, a family of four could save $2,275 per year by making simple changes in the way they handle food purchases and storage. Implementation Difficulty Despite its high priority, waste reduction is a difficult topic for municipalities to address because it often requires either additional public education efforts or mandatory requirements (which are generally unpopular). The City must remain sensitive to the needs of local businesses, so product bans and other mandatory measures must be evaluated carefully. Measuring and Evaluating Waste Reduction Activities Measuring waste reduction is also difficult because the amount of waste generated in a specific area fluctuates with many variables, including economic conditions, seasonal changes and local weather. Hence, it can be difficult to demonstrate the cost- effectiveness or productivity of specific waste reduction techniques. 3.3. ALTERNATIVE WASTE REDUCTION STRATEGIES Many of the potential waste reduction methods, especially those regarding reductions in the degree of toxicity of specific products and waste reduction for manufacturing in general, are beyond the scope of what a single city can accomplish. Many of these are also beyond the scope of what a county or even a state can accomplish, but instead require action on a federal or international level. Perhaps the one exception to this principle is the idea of banning specific products, which can be done on a city or county level in order to force the use of a different product that has better waste reduction potential. The following alternatives were considered for new or expanded waste reduction activities. The listing of an alternative in this section does not mean that it is considered feasible or desirable, nor that is recommended (see Section 3.5 for waste reduction recommendations). Alternative A - Support New Product Stewardship Programs Product stewardship is a concept designed to alleviate the burden of end -of -life product management on local governments. Product stewardship programs typically address a specific type of product and provide an alternative collection or disposal system. One of the principles that this approach is based on is that the manufacturers of a product should bear the cost of collecting and recycling (or disposing of) that product, and that this will create an incentive for them to reduce the weight and/ or toxicity of their products. Retailers, if they are involved in a program, would have an incentive to carry products that are easier (and so less expensive) to collect and recycle. Spokane Valley Solid Waste Management Plan by Green Solutions 3-3 Chapter 3: Waste Reduction Developing new product stewardship programs is beyond the scope of a city, but Spokane Valley could participate in such programs developed by others. Any new product stewardship proposals at the county, state or federal levels could be evaluated and supported as appropriate to the City's interests. The cost for implementing this alternative would primarily be a small amount of staff time. Alternative B - Ban Specific Products or Materials The City could consider banning specific products that are difficult to recycle and/or causing problems such as litter. Examples of such bans include single -use plastic bags and Styrofoam carry -out containers, both of which have been banned by other cities (such as Seattle, Portland, and Issaquah). Implementing this approach could potentially require a substantial amount of staff time to research and defend, plus additional staff time and outreach costs for informing the affected parties and possibly enforcing a ban. Alternative C - Ban Yard Waste from Garbage Disposal Of all of the materials in the waste stream, yard waste is probably the easiest material to handle through other means. Yard waste can be left on the lawn (mulching of grass clippings), applied as a top -mulch in landscaping and gardens, handled through backyard composting (for leaves, grass clippings and some types of food wastes), chipped on-site (for branches and other woody materials), or recycled through residential and commercial yard waste collection programs. If an outright ban on disposal of yard waste within solid waste disposal containers is not feasible or desirable at this time, additional public education could be conducted instead to promote mulching of grass clippings, backyard composting, and even vermicomposting (using worm bins to convert food wastes into a desirable soil amendment). Banning yard waste from being placed in solid waste disposal containers could then be reconsidered at a later date. Alternative D - Promote Smart Shopping The City could conduct more promotion on the subject of smart shopping, such as using durable grocery bags and buying in bulk. Businesses could be encouraged to promote the use of durable grocery bags and to offer durable bags for customer use (as many grocery stores are already doing). The City could conduct a campaign that encourages: • Buying in bulk. • Buying concentrates. • Purchasing reusable products. • Buying secondhand items. • Avoiding over -packaged items. • Avoiding products containing hazardous ingredients. • Borrowing or renting when possible. Spokane Valley Solid Waste Management Plan by Green Solutions 3-4 Chapter 3: Waste Reduction • Purchasing durable and repairable products. • Using reusable shopping bags. Another idea that is gaining in popularity is the use of fix -it workshops, where people can bring items in need of repairs and knowledgeable volunteers show them how to fix the item. Organizing this type of workshop is probably better accomplished by a non- profit group, but the City could help promote the workshops, provide space for the events, and possibly assist in other ways. Alternative E - Focus on Food Waste Food waste can be recycled through the yard waste collection program (see Chapter 4 for more details about that approach), but this does not address the fact that a substantial amount of edible food waste is unnecessarily discarded. A public education campaign could be used to inform residents of the meaning of expiration dates, opportunities to donate food, and other steps that could be taken to reduce food waste. Alternative F - Promote Volume -Based Collection Fees Waste Management already provides a system of volume -based fees for residential customers in Spokane Valley and surrounding areas, and rates charged by both haulers for commercial customers are also based on volumes. The availability of volume -based rates for residential customers could be publicized more to highlight the potential cost savings from waste reduction. The success of this approach could be monitored by the number of people who are signed up for the lower service levels. Furthermore, the City could require a rate system that provides greater incentive by reducing the cost for lower levels of service and increasing the cost of higher levels of service. For instance, the rate for a 64 -gallon can emptied weekly could be set at an amount that is twice that of a 35 -gallon can emptied weekly, and the rate for a 96 -gallon can could be triple that of a 35 -gallon can. This approach provides greater incentive for waste reduction and is used by many cities. Collection rates are discussed more thoroughly in Chapter 5. Alternative G - Business Waste Reduction Activities Business waste reduction programs are typically custom designed for each specific operation. Hence, this type of program is generally beyond the scope of a single city (to date, this approach has been conducted on a regional basis in the Spokane area). The City could, however, encourage businesses to examine their own wastes to look for ways to reduce the amounts of wastes, and to look for ways to recycle more (including the use of alternative products and materials that would be more recyclable). Business waste reduction programs typically include the following components: • Support and policy directives from upper management. • A waste reduction team or coordinator. • An accounting of materials purchased and waste produced. Spokane Valley Solid Waste Management Plan by Green Solutions 3-5 Chapter 3: Waste Reduction • A reduction plan targeting specific materials or practices. • Employee education. • Ongoing feedback (to employees and others as appropriate) and evaluation. The City could request that the Chamber of Commerce or another group help promote these ideas and institute a recognition program for businesses that successfully reduce the amount of their wastes. With the Chamber's assistance, the cost for this program would be minimal, limited perhaps to only $25,000 for outreach materials, awards or plaques, and related expenses. Alternative H - Government Sector Leading by Example The City could set an example for local businesses and organizations, and become an even greater force in the marketplace, by broadening and upgrading procurement policies. The City could target products that: • Allow for greater waste reduction, such as purchasing copy machines that make double -sided copies more easily and setting duplex copying as default. • Require replacement or repair less often, such as rechargeable batteries and durable furniture. • Are easily repaired, such as machinery with standardized, replaceable parts. • Can be reused, such as washable plates and glasses. • Are nontoxic or less toxic, such as many cleaning agents and solvents now available. The City could also develop a more comprehensive in-house waste prevention program. By monitoring and reporting on effectiveness, costs, avoided costs, and program revenues for various waste reduction activities, the City could provide a model for local businesses and schools. In-house waste prevention programs could include: • Double -sided copying. • Routing slips instead of circulating multiple copies. • Electronic mail for intra -office messages. • Scrap pads from used paper. • Reusing large envelopes. • Use of very small cans for trash in individual offices, with larger containers provided for recycling. To ensure the program's continued success, employees need to receive regular updates about new waste reduction techniques. This information could be provided by informational notices or newsletters that are routed electronically on a regular basis. Spokane Valley Solid Waste Management Plan by Green Solutions 3-6 Chapter 3: Waste Reduction Alternative I - Monitoring Waste Prevention Results It would be useful to have a mechanism for monitoring the results of waste prevention programs in order to provide feedback to participants and to provide a basis for future adjustments in the approaches being used. For many communities, this is typically done by periodically calculating the waste generation rate on a per capita basis. Unfortunately, changes in the generation rate due to waste prevention programs are typically very small in a given time period and so are easily masked or overwhelmed by other factors, such as economic problems or natural disasters. In the latter case, floods and storms can create large amounts of waste and it can be difficult to fully identify and separately account for these amounts. One alternative to calculating per capita rates is to periodically conduct surveys of residents or businesses about their activities to reduce waste, or to conduct waste stream surveys for specific materials, products or packaging. Both of these activities can be expensive and may still lead to ambiguous results, and so should be considered carefully and designed properly to achieve the desired measurement goals. Another approach is to gauge success using a "performance-based standard." This is where waste prevention activities are presumed to be successful based on achieving a specific level of effort or other criteria. An example of this approach is to use the number of backyard composting bins that are distributed as a measure of the amount of yard debris that may be kept out of the waste stream. Other criteria can be used and these need to be tailored to each specific waste prevention activity. This method also has its drawbacks but can still provide viable data in some cases. Alternative J - Promote Reuse and Recycling through Round -Up Events The City could conduct "round -up" events annually, or even two to three times per year, to promote reuse, recycling, and proper disposal of special wastes such as MRW. Reuse could be promoted through these events by collecting reusable items such as clothing, books, and other materials (depending on the availability of vendors to take these materials). Recycling could be promoted by providing opportunities for residents to drop off scrap metals and other difficult -to -recycle items. In addition to MRW, or perhaps a limited range of MRW (such as oil, antifreeze and/or paint), disposal options could be provided for bulky objects (furniture, large pieces of wood, and other large items that might otherwise tend to accumulate in yards). This type of event could be held outside (weather permitting), use private vendors or charities to accept specific types of materials, and thus could be conducted at a relatively low cost to the City. Spokane Valley Solid Waste Management Plan by Green Solutions 3-7 Chapter 3: Waste Reduction 3.4. EVALUATION OF WASTE REDUCTION ALTERNATIVES Review of Rating Criteria The above alternatives can be evaluated according to several key criteria, including consistency with solid waste planning goals, technical and political feasibility, and the relative cost-effectiveness of the alternative. Based on the ratings for these criteria, each alternative can be given an overall rating and a decision can then be made as to whether to pursue it or not. Consistency with Solid Waste Planning Goals: All of these alternatives support the goal of emphasizing waste reduction as a fundamental management strategy, and support other planning goals as well. Feasibility: In judging the alternatives for technical and political feasibility, most of the alternatives can be adopted without controversy or legal issues. Two alternatives (B and C) have potential issues with public acceptability and impacts to business practices and so are rated low for this criterion as a result of those questions. Monitoring the results of waste reduction programs could be technically challenging, and so this alternative is also rated medium for feasibility. Round -up events may be complex to arrange, and so this alternative is also rated medium for feasibility. Cost Effectiveness: Several of the waste reduction alternatives can be implemented without a significant investment in staff time or other resources, and so are rated high for cost-effectiveness. Alternative B would require significant amounts of staff time and other expenses such as outreach and enforcement, while possibly only affecting a small portion of the waste stream, and so this alternative is rated low for cost-effectiveness. A yard waste ban could require a significant amount of outreach to implement but also affects a significant portion of the waste stream, leading to a medium rating for this alternative. Monitoring the results of waste prevention programs has an uncertain return for the investment that could be necessary for this activity but can yield important data, so this alternative has a medium rating for cost-effectiveness. Round- up events would require staff time and other City resources, but provides a high level of service to City residents and possibly businesses, and so merits a high rating for cost- effectiveness. Rating of Alternatives The evaluation of the alternatives is summarized in the following table. Spokane Valley Solid Waste Management Plan by Green Solutions 3-8 Chapter 3: Waste Reduction Table 3-1 Rating of the Waste Reduction Alternatives Alternative A, Support product stewardship programs B, Ban specific products C, Ban yard waste D, Promote smart shopping E, Focus on food waste F, Promote volume -based fees G, Business waste reduction H, Government sector leading by example I, Monitoring waste prevention J, Round -up events Consistency with Planning Feasibility Goals H H H H H H H H H H H L L H H H H H M M Cost - Effectiveness H L M H H H H H M H Overall Rating H L M H H H H H M H Rating Scores: H — High, M — Medium, L — Low 3.5 WASTE REDUCTION RECOMMENDATIONS The following recommendations are being made for waste reduction programs. For the proposed measures to monitor waste prevention (and other programs), see Recommendation Al (Chapter 8). High -Priority Recommendations WR1) The City of Spokane Valley will evaluate product stewardship programs as these are proposed on a statewide or national level, and support those if appropriate to the interests of their citizens and the business community. WR2) The business community in Spokane Valley may be encouraged to reduce waste through a recognition program that publicizes success stories. WR3) The City of Spokane Valley will adopt policies and practices to encourage City departments to reduce waste. WR4) Round -up events should be conducted at least annually by the City of Spokane Valley. Spokane Valley Solid Waste Management Plan by Green Solutions 3-9 Chapter 3: Waste Reduction Medium -Priority Recommendations WR5) Public education materials distributed by the City of Spokane Valley will include information on alternative handling methods for yard waste, the value of "smart shopping" methods, how to avoid wasting food, and the availability of volume -based garbage collection fees. Low -Priority Recommendations WR6) A ban on the disposal of yard waste within solid waste disposal containers may be considered in the future if public education and outreach efforts are not effective in diverting most of this material from the waste stream. The lead agency responsible for implementing and funding these recommendations will be the City. Funds are expected to come from a surcharge on tipping fees at the transfer station, other available City funds, and the CPG grant program administered by Ecology. The costs for four of these recommendations (WR1, WR3, WR4, and WR6) consist primarily of staff time (although if a yard waste ban were actually implemented, there would be additional future expenses for informing the public of this and possibly also costs for enforcement activities). Recommendation WR2 could cost about $25,000, depending on how it is actually implemented. The cost for Recommendation WR5 is not high if waste reduction tips and information is included in general public education efforts. Since the City is pursuing its own management of its System, it will need a broad public education effort to inform residents and businesses about waste collection services, self -haul options, and recycling and yard waste programs as well as waste reduction. Since WR5 is the only recommendation that addresses public education, the full costs of those efforts is shown here and are estimated at $50,000 to $100,000 per year. The funding for Recommendations WR2 and WR5 would initially come from the disposal surcharge and other available City funds, and then be at least partially covered by CPG funds when the City becomes eligible for that grant in mid -2015. Recommendation WR1 should be implemented on an as -needed basis. The implementation of recommendations WR2, WR3 WR4, and WR5 should begin next year (2015), and WR6 should be evaluated in 2018. Spokane Valley Solid Waste Management Plan by Green Solutions 3-10 Chapter 3: Waste Reduction CHAPTER 4 RECYCLING AND ORGANICS COLLECTION 4.1. EXISTING RECYCLING AND ORGANICS PROGRAMS "Recycling" refers to the act of collecting and processing materials to return them to a similar use. Recycling does not include materials burned for energy recovery or destroyed through pyrolysis and other high-temperature processes. The State's definition of recycling is "recycling means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. Recycling does not include collection, compacting, repackaging, and sorting for the purpose of transport" (Chapter 173-350 WAC). As indicated in the definition, the common use of the term "recycling" to refer to the act of placing materials in a special cart or other container to be collected separately from garbage is a misnomer, and recycling does not actually occur until the materials are processed and then used to create new products. On the other hand, keeping recyclable materials separate from garbage at the point of generation is typically a critically -important first step in ensuring that the materials are actually recycled. Organics (Clean Green) are also addressed in this chapter of the Plan. In the past, programs addressing organics have largely focused on yard debris (grass clippings, leaves and brush), but now these programs often include food waste and food -soiled paper. Previous processing methods for organics have consisted primarily of composting, but the addition of food waste is increasingly leading to the use of anaerobic digestion and other processing methods. The State's definition of composting is "composting means the biological degradation and transformation of organic solid waste under controlled conditions designed to promote aerobic decomposition. Natural decay of organic solid waste under uncontrolled conditions is not composting" (Chapter 173-350 WAC). Existing recycling and organics programs in Spokane Valley are primarily directed at the collection and transfer of these materials to facilities outside of the City. While the curbside and commercial collection programs operated by local haulers are the most visible examples of these programs, there is also a significant amount of other activities being conducted in the City. These activities are described in more detail below. Drop -Off and Buy -Back Programs The "typical" recyclables can be dropped off at several locations in and near the City for recycling, including the Sunshine Transfer Station and various other locations. Many of the other private companies and non-profit groups collect only a limited number of materials, but three such facilities in Spokane collect the full range of materials (Du -Mor Recycling, Earthworks Recycling, and Pacific Recycling). Spokane Valley Solid Waste Management Plan 4-1 Chapter 4: Recycling and Organics Collection by Green Solutions Examples of other drop-off activities include: • E -waste (electronics) can be dropped off at a Salvation Army and several Goodwill locations in Spokane Valley. • Ink cartridges can be returned for recycling at several local stores, or sent back to manufacturers through the mail. • Rechargeable batteries can be dropped off at certain hardware stores and other locations (depending on the type of battery). • Clothing can be dropped off at collection kiosks. Options for dropping off yard debris and food scraps are less common and only two of these are known to exist currently in Spokane Valley (the Sunshine Transfer Station and the County -owned Valley Transfer Station). The Sunshine Transfer Station accepts Clean Green (including mixed yard debris, food scraps and food -soiled paper) for a fee ($50 per ton as of November 2014, with a minimum charge of $10). Curbside and Commercial Collection Programs Residents in Spokane Valley are provided with recycling collection services by Waste Management. The types of materials, collection frequency and other details for the curbside recycling program in Spokane Valley (and other urban areas) have been guided to date by a service level ordinance adopted by Spokane County. This ordinance has been codified as Chapter 8.58 of the Spokane County Code. The County Code requires that all subscribers to garbage collection services in Spokane Valley receive (and pay for) curbside recycling services. This Code also requires that certified haulers provide this service, and that the haulers must collect newspaper, cardboard, aluminum and steel cans, and plastic bottles (types 1 and 2) at a minimum. At the hauler's options, they may also collect a variety of other materials, including mixed paper, glass bottles, and other types of plastics and metals. The actual types of materials currently collected by Waste Management in Spokane Valley are listed in Table 4-1. The curbside recycling program is currently conducted on an every -other -week basis. For the mixed organics collection program (yard debris and food waste), the collection frequency is weekly from March through November and monthly from December through February. For the curbside recycling program, there is no extra charge for additional materials placed in paper bags or cardboard boxes next to the recycling cart. For the mixed organics collection program, there are extra charges levied for additional materials placed outside of the cart. Both the recycling and mixed organics carts are 96 - gallon carts provided by Waste Management. Multi -family buildings (apartments) in Spokane Valley are also provided with recycling and mixed organics collection services by Waste Management. These services are provided on a subscription basis, meaning that the manager or owner of an apartment Spokane Valley Solid Waste Management Plan 4-2 Chapter 4: Recycling and Organics Collection by Green Solutions building may choose to subscribe to one or both of these services and thus make them available to their tenants. Materials collected for multi -family buildings are the same as for the residential curbside program (see Table 4-1). The size and number of containers, collection frequency and other details depend on the subscription level for the multi- family building. Table 4-1 Materials Collected for Recycling by Waste Management Program Acceptable Materials Unacceptable Materials Residential Curbside, Multi -Family and Commercial Recycling Programs Mixed Organics Clean paper and cardboard (including office paper, magazines, paperback books, mail and food boxes) Clean glass bottles and jars Aluminum and tin/steel cans, scrap metal, aluminum food containers, and empty/non- hazardous aerosol cans Plastic bottles, jars and tubs Yard debris (leaves, grass clippings and small branches) Food scraps (fruits, vegetables, bread, grains, meat, dairy, and coffee grounds) Food -soiled paper (paper towels, food -soiled paper bags, and greasy pizza boxes) Laminated and food -soiled papers Light bulbs, window and mirror glass, and ceramics Sharp metals and batteries Electronics Styrofoam Plastic bags Garbage (including diapers, syringes and hazardous waste containers) Diapers Pet waste and litter Plastics Foil Liquids Shredded paper Other types of non- compostable materials Source: Waste Management website, 2/24/14. Note: See http://wmnorthwest.com/Spokane/index.html for complete list of acceptable and unacceptable materials, and other important details. Businesses in Spokane Valley are provided with recycling collection services by the two certificated haulers, Sunshine Disposal and Waste Management, and several other companies. Since recycling by and for commercial and industrial companies is defined as a "free market" system by law, a variety of additional private companies can provide collection services for these businesses. Companies such as Earthworks Recycling, Diversified Wood Recycling, American Recycling Corporation, Baker Commodities, Dickson Iron and Metal, Pacific Steel Hide and Recycling, Action Recycling, Du -Mor Spokane Valley Solid Waste Management Plan 4-3 Chapter 4: Recycling and Organics Collection by Green Solutions Recycling, Clark's Recycling and others provide pickup and drop-off services for materials such as metals, paper, and grease in commercial quantities. It is difficult to adequately describe all of these activities here, and such a description would also quickly become outdated and hence would not be useful in a long-term document such as this Plan. Current information on these activities can be obtained from other sources, such as Ecology's 1 -800 -recycle website. Recycled Tonnages It is currently not feasible to precisely quantify the tonnages collected by the many companies involved in recycling and organics collection in the City. Although Ecology collects data on current recycling amounts on an annual basis, that data is only available on a county level. Pro -rating the amount of recycling occurring in Spokane County, however, provides an estimate of 67,053 tons recycled and composted in 2012 in Spokane Valley (see Table 2-5). This is equivalent to a recycling rate of 54.7%. If "diverted materials"4 are also included in this analysis, the amount of recycled and diverted materials increases to 111,107 tons per year (in 2012). Including diverted materials means that additional types of wastes must also be included, and so the diversion rate only increases slightly to 57.1%. Recycling Markets State regulations (RCW 70.95.090(7) (c)) require "a description of markets for recyclables," hence a description of the markets for recyclable materials collected in Spokane Valley is provided below. This is intended to be only a brief report of current conditions, and it should be noted that market conditions for recyclables can undergo substantial changes in a short amount of time. Market demand and prices for recyclables have fluctuated significantly over the past several years, just as prices for all commodities fluctuate with demand and other factors. Some recyclable materials have seasonal cycles in supply and demand, but all materials exhibit long-term trends with the possibility of sudden price spikes or dips. In some cases, long-term contracts with price floors can help moderate the swings in market revenues, but this isn't possible for all materials. Figures 4-1 and 4-2 show how the prices for aluminum cans and a few other materials collected from residential sources in the Pacific Northwest have fluctuated over the past 20 years. As can be seen in Figures 4-1 and 4-2, market prices dipped for most materials from 2008 to 2009 due to the slump in demand caused by the recession. 4 Diverted materials are materials that are handled separately from solid waste and instead directed to a beneficial use, but that do not meet the definition of recycling. Examples include construction wastes that are recycled and wood wastes that are burned for energy recovery. See Section 2.5 for more details. Spokane Valley Solid Waste Management Plan 4-4 Chapter 4: Recycling and Organics Collection by Green Solutions Figure 4-1 Price Paid for Baled Aluminum Cans (Annual Averages) $2,000.00 $1,800.00 $1,600.00 $• 1,400.00 • $1,200.00 a $1,000.00 0.1 $800.00 $600.00 $400.00 $200.00 $0.00 M 111 to N 00 61 O -i N M t o to N 00 61 O c-1 N CO 61 61 61 61 61 61 61 O O O O O O O O O O c-1 c-1 c-1 c-1 61 61 61 61 61 61 61 O O O O O O O O O O O O O O c-1 c-1 c-1 c-1 c-1 c-1 c-1 N N N N N N N N N N N N N N Source: Seattle Public Utilities website (original data source: American Metal Markets). Price per Ton Figure 4-2 Prices Paid for Select Recyclable Materials (Annual Averages) $600.00 $500.00 $400.00 $300.00 $200.00 $100.00 $0.00 M Lt r\ 61 ci M Lt r\ 61 ci M 61 61 61 61 O O O O O -1 -1 61 61 61 61 O O O O O O O -1 ci ci c 1 N N N N N N N - Plastic - Mixed Paper Baled News Source: Seattle Public Utilities website (original data sources are Mill Trade Journal's Recycling Markets, Pulp and Paper Week, Recycling Times, and Waste News). Spokane Valley Solid Waste Management Plan 4-5 Chapter 4: Recycling and Organics Collection by Green Solutions Another important factor for marketing of recyclable materials collected in Spokane Valley is the cost of transporting the materials to end -markets, many of which are outside of Washington State. Recyclers in eastern Washington are farther from most markets and so have less access to these markets because the transportation cost is a barrier. The low market value of many recyclable materials limits the number of materials that can be cost-effectively moved to markets. 4.2. DESIGNATION OF RECYCLABLE MATERIALS The designation of recyclable materials has taken on more importance with the adoption of Chapter 173-350 WAC, which defines recyclable materials as being those materials "that are identified as recyclable materials pursuant to a local comprehensive solid waste plan." Since market conditions for recyclables can change drastically in a short amount of time, the list of designated materials is also accompanied by a description of the process for revising that list. Table 4-2 shows the list of designated recyclable materials. This list is not intended to create a requirement that every recycling program in the City collect every designated material. Instead, the intent is that through a combination of programs, residents and businesses should have an opportunity to recycle all of the designated materials through at least one program. In other words, if plastics are on the designated materials list, then at least one program in the city must collect plastics. The list has been prioritized to indicate the degree of access that residents and businesses should have for these materials (in other words, greater access should be available for the higher - priority materials). The list of "designated recyclable materials" shown in Table 4-2 should be used for guidance as to the materials to be recycled in the future. This list is based on existing conditions (collection programs and markets), and future markets and technologies may warrant changes in this list. The following conditions are grounds for additions or deletions to the list of designated materials: • The market price for an existing material becomes so low that it is no longer feasible to collect, process and/or ship it to markets. • Local markets and/or brokers expand their list of acceptable items based on new uses for materials or technologies that increase demand. • New local or regional processing or demand for a particular material develops. • No market can be found for an existing recyclable material, causing the material to be stockpiled with no apparent solution in the near future. • The potential for increased or decreased amounts of diversion. • Legislative mandate. • Other conditions not anticipated at this time. Spokane Valley Solid Waste Management Plan 4-6 Chapter 4: Recycling and Organics Collection by Green Solutions Table 4-2 List of Designated Recyclable Materials Priority Level Material High Priority Materials: Materials that should be collected by the curbside, multi -family and commercial recycling programs, or by the mixed organics collection programs, in the city. Recyclables Clean paper and cardboard Clean glass bottles and jars Aluminum and tin cans, scrap metal, aluminum food containers, and empty/non- hazardous aerosol cans Plastic bottles, jars and tubs Mixed Organics Yard debris Food scraps Food -soiled paper Medium Priority Materials: Materials that should be collected at drop-off and buy-back locations (in the city or nearby), or through other collection services. Edible food (donated) Cell phones Electronics (e -waste) Clothing, textiles Oil and oil filters Antifreeze Asphalt and concrete Batteries (all types) All metals, inc. appliances Plastic bags Reusable building materials Low Priority Materials: Hard to recycle materials that should be recycled if markets are available. Wood Carpet Drywall Roofing materials Mixed construction and demolition Shrink wrap, building wrap, and other film plastics Tires Any proposed changes in the list of designated materials should be reviewed and approved by the Public Works Director, and minor changes in this list may be adopted without formally amending this Plan. Spokane Valley Solid Waste Management Plan 4-7 Chapter 4: Recycling and Organics Collection by Green Solutions 4.3. PLANNING ISSUES FOR RECYCLING AND ORGANICS The City of Spokane Valley is currently well -served by a variety of recycling and composting programs, but several improvements and issues could be addressed by this Plan. The most significant of these are noted below. The collection frequency for the residential curbside recycling program is currently every -other -week. Other studies have repeatedly shown that more frequent collections will lead to more diversion. Some communities have gone so far as to make garbage collection every -other -week and recycling weekly to encourage more recycling. Glass is currently included in the curbside recycling program and is mixed with other materials. When mixed with other materials, glass both contaminates the other materials and the glass itself is difficult to recycle. Recycling services in the City of Spokane Valley have been guided to date by a service level ordinance adopted by Spokane County. Since the City has assumed management of its System (see Chapter 6), it may be necessary or desirable for the City to adopt its own service level ordinance or otherwise ensure that garbage customers must also be provided with curbside recycling services. 4.4. ALTERNATIVE RECYCLING AND ORGANICS STRATEGIES The following alternatives were considered for new or expanded recycling and organics activities. The listing of an alternative in this section does not mean that it is considered feasible or desirable, nor that is recommended (see Section 4.6 for recycling and organics recommendations). Alternative A - Increase Curbside Recycling to Weekly Collection Studies have repeatedly shown that more frequent collection of recyclables leads to increased tonnages collected. Several cities have recently gone so far as to make recycling collections weekly and changed garbage collection to every -other -week (although a recent proposal by Seattle to do this failed due to questions about costs versus service levels). In general, weekly recycling collections are not double the cost of every -other -week collections, but the additional cost is in the range of 30 to 50% more than every -other -week collections. Weekly collection programs can be expected to collect about 30 to 40% additional tonnages over every -other -week collections. It should be noted that the additional tonnages more than make up for the greenhouse gas emissions related to the additional fuel consumed to run the route twice as much, since every additional ton of recyclables carries with it a huge benefit in greenhouse gas reductions. Spokane Valley Solid Waste Management Plan 4-8 Chapter 4: Recycling and Organics Collection by Green Solutions Alternative B - Switch to Dual Stream Collection to Collect Glass Separately Glass is a serious problem when mixed with other materials for recycling. Broken glass contaminates the other materials, especially paper and plastic, and makes it more difficult to recycle those materials. The glass that is carried along with the other materials causes problems with the processing equipment for paper and plastic and does not get recycled but ends up in landfills near the processing plants for the other materials. The glass that is recovered from a curbside mixture is also difficult to recycle because it consists of mixed colors and is also highly contaminated by other materials. Even if collected separately, however, markets for glass in Eastern Washington are nearly non-existent (although conversion to fiberglass and other alternative uses may be options), and the value of glass does not pay for the costs of shipping it to markets in Seattle and Portland. Alternative C - Minimum Service Level to Include Curbside Recycling When Spokane Valley creates its System, the City could continue to require curbside recycling services for residential garbage customers through a variety of means, such as by contract with the garbage haulers or through a service level ordinance. Alternative D - Drop -Off Site for Mixed Organics When the City of Spokane Valley leaves the Regional System, there is a question about the level of access that residents and local businesses will continue to have to the services provided by that system, including the Clean Green drop-off program at the Valley Transfer Station. This service will instead be provided by a drop-off site at the Sunshine Transfer Station. The contract signed with Sunshine in June 2014 provides for this and other services. Spokane Valley residents and businesses should be encouraged to use the Clean Green drop-off site at the Sunshine Transfer Station. 4.5. EVALUATION OF RECYCLING AND ORGANICS ALTERNATIVES Review of Rating Criteria The above alternatives can be evaluated according to several key criteria, including consistency with solid waste planning goals, technical and political feasibility, and the relative cost-effectiveness of the alternative. Based on the ratings for these criteria, each alternative can be given an overall rating and a decision can then be made as to whether to pursue it or not. Consistency with Solid Waste Planning Goals: All of these alternatives support the goal of increasing the recovery of marketable materials and providing convenient services for solid waste management. Spokane Valley Solid Waste Management Plan 4-9 Chapter 4: Recycling and Organics Collection by Green Solutions Feasibility: Alternatives C and D appear relatively easy for the City to implement, while Alternative A could be difficult due to the increased costs. Alternative B would also be difficult to implement, since it too would be more expensive but more importantly it would be very difficult for residents and businesses to switch to a dual - stream system after they have enjoyed the convenience of a single -stream system. Cost Effectiveness: Alternative A would cost more but would also lead to more tons collected for recycling, resulting in a cost per ton for recycling similar to the current system. Alternative B would be relatively expensive to implement, since additional bins or carts would be needed for curbside recycling program participants, although it could potentially result in more tons of material being actually recycled in the end. Alternative C would not cost much to implement but could provide significant advantages. Alternative D will require significant capital investment but will be self - funding (from tipping fees) and is very cost-effective compared to the alternative (disposal of yard and food waste as garbage). Rating of Alternatives The evaluation of the alternatives is summarized in the following table. Table 4-3 Rating of the Recycling and Organics Alternatives Consistency with Planning Alternative Goals A, Weekly curbside recycling B, Dual -stream approach C, Continue to include curbside recycling with garbage service D, Encourage City residents and businesses to use Sunshine Transfer Station clean green site H H H H IMF Feasibility 1 L L H H Cost - Effectiveness M L H H Overall Rating M L H H Rating Scores: H — High, M — Medium, L — Low Spokane Valley Solid Waste Management Plan by Green Solutions 4-10 Chapter 4: Recycling and Organics Collection 4.6 RECYCLING AND ORGANICS RECOMMENDATIONS The following recommendations are being made for recycling and organics programs: High -Priority Recommendations R1) Curbside recycling will continue to be included with garbage collection services for residential customers in Spokane Valley. R2) City residents and businesses will be encouraged to use the Sunshine Transfer Station for Clean Green drop-off services. Medium -Priority Recommendations R3) Weekly curbside recycling will be evaluated as part of the waste collection system changes expected to be implemented by Spokane Valley in 2018. The City has determined that it will implement its own System and so will implement R1 and has entered into a contract with Sunshine to implement R2. The City will be responsible for implementing Recommendation R3 as part of the changes anticipated in the future for the waste collection system (see next chapter). None of these recommendations will result in direct costs to the City, although two of the recommendations (R2 and R3) will result in additional costs to others, and those costs will be funded by user fees. Spokane Valley Solid Waste Management Plan by Green Solutions 4-11 Chapter 4: Recycling and Organics Collection This page intentionally left blank to facilitate double -sided printing. Spokane Valley Solid Waste Management Plan 4-12 Chapter 4: Recycling and Organics Collection by Green Solutions CHAPTER 5 SOLID WASTE COLLECTION 5.1. EXISTING WASTE COLLECTION ACTIVITIES Existing Waste Haulers There are two solid waste collection service providers in Spokane Valley. As further described below, the City currently has franchises with both haulers, Sunshine Disposal and Waste Management. Under the current franchises, Sunshine Disposal collects waste from large containers (i.e., roll -offs and stationary compactors) for non - subscription customers, and Waste Management collects waste from containers (i.e.. compactors, roll off containers smaller dumpsters, and residential garbage carts) from residential and commercial customers. Sunshine Disposal provides recycling services to commercial customers, and Waste Management provides collection and recycling services for both residential and commercial customers, and Clean Green for residential customers. The City is in the process of negotiating contracts with both haulers. While negotiations are still ongoing, the City anticipates that the contracts will be for a term ending in 2018 and that both haulers will continue to provide the same services as they are currently providing. The mailing addresses and current population density for the service areas of the two collection service providers are shown in Table 5-1. Table 5-1 Waste Collection Service Providers in Spokane Valley Service Provide Sunshine Disposal Waste Management Totals 11320 W. McFarland Road, Airway Heights, WA 99001 11321 E. Indiana Avenue, Spokane Valley, WA 99206 "II Population Land Area, Served square miles NA 91,490 91,490 38.22 38.22 38.22 Density (people per square mile) NA 2,394.0 2,394.0 Source: Population and land area figures are from the Washington Office of Financial Management (OFM) for 2013. There are also other collection services active in the City for special types of waste. Two companies have been issued statewide authority by the UTC to collect biomedical waste, for instance. These companies are Stericycle of Washington and Waste Spokane Valley Solid Waste Management Plan by Green Solutions 5-1 Chapter 5: Solid Waste Collection Management Healthcare Solutions of Washington. Other companies collect hazardous wastes. "Self -haul" by the waste generator (transportation of a person's or company's own waste) is also allowed, as long as the waste is brought to a properly -permitted facility. Regulations Concerning Waste Collection The Washington State authorities that govern collection activities are Ecology and the Washington Utilities and Transportation Commission ("UTC"). RCW 70.95.020 also assigns responsibilities to local government for the management of solid waste handling while encouraging the use of private industry. The various laws that may apply to solid waste collection companies include: • Chapter 81.77 RCW, Solid Waste Collection Companies: This law establishes the state regulatory authority for solid waste collection companies and the procedures and standards with which they must comply. • Chapter 35.21 RCW, Cities and Towns: This law establishes authority of towns and cities in regard to solid waste and the procedures and standards with which they must comply. • Chapter 480-70 WAC, Rules for Solid Waste and/or Refuse Collection Companies: This chapter establishes standards for public safety, fair practices, reasonable charges, nondiscriminatory application of rates, adequate and dependable service, consumer protection, and compliance for solid waste collection companies. • Chapter 480-07 WAC, UTC Procedural Rules: This chapter addresses how to conduct business with the UTC. Three forms of collection services are allowed by State law in the City: • Certificated: With this collection method, cities are not actively involved in the management of garbage collection. Instead, it allows the UTC -certificated hauler to provide service under UTC regulation. • Municipal: Municipal collection utilizes municipal employees to collect waste (such as is done in the City of Spokane). • Licensed collection: This method applies to municipalities that require private collectors to have both a city -issued license as well as a UTC certificate. This approach gives the municipality limited control over collection services. Pursuant to state law, the City has assumed control and management of solid waste collection within its boundaries by entering into seven-year franchises with Waste Management and Sunshine Disposal for solid waste, recycling, and organic collection in 2008. Pursuant to state law, the City is currently negotiating contracts for the extinguishment of the haulers' statutory rights for measurable damages. Under such contracts, the City anticipates the haulers will continue to provide the same services as Spokane Valley Solid Waste Management Plan by Green Solutions 5-2 Chapter 5: Solid Waste Collection they have provided under the existing franchises. The City anticipates that it will enter into the contracts with Waste Management and Sunshine Disposal in 2014 to provide for full extinguishment of haulers' statutory rights by March, 2018. After completion of the contracts with Waste Management and Sunshine, the City anticipates submitting a request for proposals for a long-term contract for solid waste, recycling, and organic collection in 2018. 5.2. WASTE COLLECTION FUTURE PLANNING When the City seeks a new contract for waste collection in 2018, the City will have the opportunity to develop a collection system from the ground up. The City could maintain the existing system or make changes to improve recycling and waste reduction options. The following are possible changes the City may consider: • Encourage more favorable recycling rates as a waste reduction initiative. • Encourage homeowners to participate in subscription waste collection and recycling services. • Explore innovative ways to increase recycling activities. • Explore citywide cleanup events and seasonal moderate -risk waste roundups. The City anticipates conducting a public participation program prior to going out for a new contract in 2018 to determine desired services and the acceptability of some of these options. 5.3. ALTERNATIVE WASTE COLLECTION STRATEGIES The following alternatives were considered for new or expanded waste collection activities. The listing of an alternative in this section does not mean that it is considered feasible or desirable, nor that is recommended (see Section 5.5 for waste collection recommendations). Alternative A - Contracted Collection Services The City is currently negotiating contracts with existing waste collection companies (Waste Management and Sunshine Disposal) that are anticipated to be executed in 2014 with terms lasting until 2018. As the 2018 expiration date draws near with Waste Management and Sunshine Disposal, the City will utilize a process to receive public input on various options for service levels for the subsequent collection contract. Such options will include: collection frequencies, recycling options, citywide cleanup programs, moderate -risk waste roundup, and other aspects of solid waste collection. Spokane Valley Solid Waste Management Plan by Green Solutions 5-3 Chapter 5: Solid Waste Collection Alternative B - Increase Curbside Collection Subscriptions The City would encourage increasing subscriptions for curbside collection through educating customers of the benefits of collection services. This approach reduces the amount of illegal dumping and "junk" properties, and leads to lower per-unit collection fees. Collection fees are lower on the average because collection services can operate more efficiently when more households and businesses participate. This approach is also more efficient because it reduces individual trips that people make to a transfer station to drop off their garbage, with the resulting congestion there and the increased impact to the environment due to fuel consumption. Finally, there is anecdotal evidence to suggest that people who self -haul their garbage do not recycle as much as those who subscribe to garbage collection and curbside recycling services. 5.4. EVALUATION OF WASTE COLLECTION ALTERNATIVES Review of Rating Criteria The above alternatives can be evaluated according to several key criteria, including consistency with solid waste planning goals, technical and political feasibility, and the relative cost-effectiveness of the alternative. Based on the ratings for these criteria, each alternative can be given an overall rating and a decision can then be made as to whether to pursue it or not. Consistency with Solid Waste Planning Goals: Both of these alternatives support the goal of providing convenient and reliable services, although some people may take issue with the idea that curbside garbage collection is better than self -haul to the transfer station. Feasibility: In judging the alternatives for technical and political feasibility, Alternative A can actually be considered more feasible than maintaining the status quo, whereas Alternative B is rated medium because customers may not want to subscribe to curbside collection. Cost Effectiveness: Both Alternatives A and B should be cost-effective. Rating of Alternatives The evaluation of the alternatives is summarized in the following table. Spokane Valley Solid Waste Management Plan by Green Solutions 5-4 Chapter 5: Solid Waste Collection Table 5-2 Rating of the Waste Collection Alternatives Alternative A, Contracted collection service B, Increase curbside subscriptions Consistency with Planning Feasibility Goals H M H M Cost - Effectiveness H M Overall Rating H M Rating Scores: H — High, M — Medium, L — Low 5.5 WASTE COLLECTION RECOMMENDATIONS The following recommendations are being made for waste collection programs: High -Priority Recommendations C1) When the City fully assumes control of collection services, anticipated to be in 2018, various options will be considered for providers and service levels, including negotiating versus bidding for haulers and collection frequency for recycling. Medium -Priority Recommendations C2) Educate the public on the benefits of curbside collection services and the comprehensive costs related to self -haul to transfer station. The City is the lead agency for both of these recommendations. Recommendation C1 should be implemented by 2018 through a competitive or negotiated process. Recommendation C2 could be evaluated at the time that the collection contract changes. Spokane Valley Solid Waste Management Plan by Green Solutions 5-5 Chapter 5: Solid Waste Collection This page intentionally left blank to facilitate double -sided printing. Spokane Valley Solid Waste Management Plan by Green Solutions 5-6 Chapter 5: Solid Waste Collection CHAPTER 6 TRANSFER AND DISPOSAL 6.1. EXISTING TRANSFER AND DISPOSAL ACTIVITIES Overview There are currently two transfer stations operating in Spokane Valley: a private station owned and operated by Sunshine and a public facility, the Valley Transfer Station (see Figure 6-1). There are three additional transfer stations operating in Spokane County (but outside of the City limits for Spokane Valley): the North County Transfer Station (also known as Colbert Transfer Station), the City of Spokane Waste -to -Energy (W 1'h) Facility (which also acts as a transfer station), and a transfer facility operated by Stericycle (for biomedical wastes). There are no disposal facilities in Spokane Valley. In other areas of Spokane County, there is the City of Spokane W 1'h Facility, one active municipal solid waste ("MSW") landfill (Northside Landfill), one limited purpose landfill (Graham Road Recycling and Disposal), and six permitted inert waste landfills. The Northside Landfill is not open to the public, but is used by the City of Spokane for emergency disposal purposes (in case the W I'h Facility is temporarily shut down) and for disposal of materials that cannot be processed at the WTE Facility. The Graham Road Landfill is open to the public and handles primarily construction and demolition waste, petroleum -contaminated soils, inert wastes, asbestos and other wastes. All of the six inert waste landfills are privately owned and operated. Three of these are not open to the public, and one of the inert landfills is permitted but not currently operating. The two inert waste landfills that are open to the public (Busy Bee Landfill and Spokane Rock Products) handle primarily concrete and asphalt. There are also a number of closed landfills in Spokane County (most notably Colbert Landfill, Greenacres Landfill and Mica Landfill), some of which are still undergoing monitoring and remedial actions. Sunshine Disposal & Recycling Transfer Station The Sunshine Transfer Station is a privately owned and operated transfer station located at 2405 University Road in Spokane Valley. This transfer station has been in operation at that location since 1983. The transfer station is currently open to contractors and commercial haulers for waste disposal. Residential and commercial waste collected by Sunshine Disposal is delivered here. Depending on the type of waste, these wastes are consolidated into transfer trailers or intermodal containers, which are used to transport waste to its final disposal site. Waste from contractors is generally transferred to the Graham Road limited purpose landfill. Cardboard and other recyclables collected from local businesses are delivered to the station and prepared for transport to markets by sorting and baling. Workers also separate some recyclables (primarily metals and wood) from mixed loads on the station's tipping floor. Spokane Valley Solid Waste Management Plan 6-1 Chapter 6: Transfer and Disposal by Green Solutions Figure 6-1 Solid Waste Facilities in Spokane Valley WASHINGTON SPOKANE COUNTY ■ Valley Transfer Station Sunshine Disposal Transfer Station City of Spokane Valley Note: Although the Valley Transfer Station is located in Spokane Valley, it is part of the Spokane County system and is not part of the City's System. Spokane Valley Solid Waste Management Plan 6-2 Chapter 6: Transfer and Disposal by Green Solutions Plans for the Sunshine Transfer Station were recently modified to include an MRW drop-off site, the capability to serve residential self -haul customers, a drop-off area for Clean Green, recycling drop-off containers, and other changes. Valley Transfer Station The Valley Transfer Station has been in operation since 1991. Previously, this station was owned and operated by the Regional System, but a recent agreement between the City of Spokane and Spokane County has transferred the ownership of this and the North Side Transfer Station to Spokane County. This transfer of ownership will become effective in November 2014. This agreement also includes provisions for the County to direct waste from the transfer stations to the City's WTE Facility. At the time that this Plan was being developed, the County was going through the process of hiring a private company to operate the transfer stations. The Valley Transfer Station is open to residential and commercial customers, and accepts solid waste for disposal at the WTE Facility. The Valley Transfer Station also accepts recyclable materials, Clean Green and moderate -risk waste ("MRW"), and has a separate area for collecting white goods (large appliances such as refrigerators and washing machines). 6.2. TRANSFER AND DISPOSAL PLANNING ISSUES The interlocal agreement for the Regional System expires on November 16, 2014. The City of Spokane Valley has entered into a contract with Sunshine to provide transfer, transport, and disposal services through its transfer station. The contract has a term of 10 years, with the option for two three-year extensions. Certain disposal options, including but not limited to incineration facilities and landfills located within the City of Spokane Valley, are not considered feasible options and so are not discussed in this Plan. 6.3. ALTERNATIVE TRANSFER AND DISPOSAL STRATEGIES The City recently went through an evaluation process to evaluate using the new County system and Valley Transfer Station versus use of the Sunshine Transfer Station. The City Council selected Sunshine and recently entered into a new contract with Sunshine to provide transfer and disposal services, so no additional options for these services need to be evaluated at this time. This contract is anticipated to save a substantial amount of money for City residents and businesses. The contract that the City of Spokane Valley has signed with Sunshine provides for a tipping fee (disposal charge) of $98.15 per ton for solid waste, with a minimum fee of Spokane Valley Solid Waste Management Plan 6-3 Chapter 6: Transfer and Disposal by Green Solutions $15.20 per load. Clean Green will be accepted at the Sunshine Transfer Station for $50.00 per ton with a minimum fee of $10.00 per load. Separated recyclables and MRW will be received at the Sunshine Transfer Station at no charge. All rates will be paid by customers directly to Sunshine. The City will receive an administrative fee of $125,000 per year from Sunshine, a portion of which will be used to pay for staff administration of the City's contract with Sunshine. A copy of this agreement can be viewed by interested parties upon request to the Public Works Director. The City and Sunshine, with the assistance of a media campaign firm, designed a public outreach plan to inform the citizens and businesses of Spokane Valley about the availability and desirability of using Sunshine's transfer station. This plan addresses both short-term and long-term strategies, including booths at a local fair, newspaper ads, information on websites, brochures, a call center, and other activities. 6.4 TRANSFER AND DISPOSAL RECOMMENDATIONS The following recommendation is being made for transfer and disposal programs: High -Priority Recommendations D1) The Sunshine Transfer Station is designated as the disposal system for all solid waste from Spokane Valley, effective November 17, 2014. The City is the lead agency for this and related activities. Funding for transfer and disposal costs will be derived from surcharges on tipping fees. Spokane Valley Solid Waste Management Plan 6-4 Chapter 6: Transfer and Disposal by Green Solutions CHAPTER 7 SPECIAL WASTES 7.1. INTRODUCTION The purpose of this chapter is to review the generation, handling and disposal methods for special wastes in Spokane Valley. These wastes generally require special handling and disposal due to regulatory requirements or for one or more other reasons. Hence, these wastes are currently managed and disposed of separately from the solid waste disposal system, and may not actually be defined as solid waste. The following special wastes are discussed in this chapter: 7.2 Asbestos 7.3 Biomedical Wastes 7.4 Construction and Demolition ("C&D") Wastes 7.5 Moderate -Risk Waste 7.6 Street Sweepings and Vactor Waste The source(s) and current handling practices for each special waste are described in this chapter. All of the wastes are also examined for needs and issues, but only those that pose disposal problems were further examined for alternatives and recommendations. 7.2. ASBESTOS Existing Management Practices for Asbestos The harmful effects of microscopic airborne asbestos fibers have been recognized for many years. When inhaled, these fibers lodge in the lungs and can cause asbestosis, mesothelioma, and lung cancer up to 30 years later. These problems caused many uses of asbestos to be banned in the 1970's and 1990's, but some uses of asbestos are still allowed, particularly in construction materials. Hence, a building of any age could have asbestos -containing materials in it. Some of these materials are well-known (such as pipe insulation and "popcorn" ceiling material), but asbestos has been used in over 3,000 different construction materials and other products over the years and many of these products are not easily identified. The ongoing use of asbestos led to a new state law, effective January 1, 2014, that requires labeling of asbestos -containing products. The primary agency that regulates asbestos in the Spokane area is the Spokane Regional Clean Air Agency (SRCAA). The regulations adopted by SRCAA primarily focus on renovation and demolition projects. Two categories are recognized for these types of Spokane Valley Solid Waste Management Plan by Green Solutions 7-1 Chapter 7: Special wastes projects: 1) a single-family home with the owner or occupant conducting the renovation or demolition work, and 2) all other projects (including work being done by landlords and contractors). In the first case, the owner or occupant of a single-family home is exempted from survey, notification and fee requirements, but must still dispose of any asbestos -containing materials properly. All other renovation or demolition projects must first have a survey conducted for asbestos by an AHERA-certified building inspector, must notify SRCAA of any asbestos found and file for a removal permit (a Notice of Intent permit), and properly remove and dispose of the asbestos -containing materials. In the past five years (December 29, 2009 to September 19, 2014), there have been 88 penalties assessed by SRCAA for asbestos survey, notification, removal and disposal violations. These penalties have ranged from $250 to $27,241. Most of the asbestos waste from Spokane County is disposed at the Graham Road Recycling and Disposal facility located west of the City of Spokane. This landfill also accepts construction and demolition wastes, tires, and other special wastes. According the facility's owner, Waste Management, this site has sufficient additional capacity to continue to operate for another 103 years. According to Ecology's records, this facility received 1,664 tons of asbestos wastes in 2012. In the same year, an additional 30 tons of asbestos -containing wastes from Spokane County were disposed at the Roosevelt Regional Landfill in Klickitat County. The City of Spokane Valley has helped address proper asbestos disposal by including a statement on renovation permits to the effect that people should contact the SRCAA for information about asbestos, and by requiring evidence of contact with the SRCAA on demolition permits. Planning Issues for Asbestos There appear to be no significant known disposal problems with asbestos -containing wastes, although education is needed on an ongoing basis. The City of Spokane Valley will continue to inform the public where possible about the need to conduct an asbestos survey prior to renovation activities, and will continue to require evidence of this for demolition permits. 7.3. BIOMEDICAL WASTES Existing Management Practices for Biomedical Wastes State law (Chapter 70.95K RCW) defines biomedical wastes to include: Animal waste: animal carcasses, body parts and bedding of animals that are known to be infected with, or have been inoculated with, pathogenic microorganisms infectious to humans. Spokane Valley Solid Waste Management Plan by Green Solutions 7-2 Chapter 7: Special wastes Biosafety level 4 disease waste: biosafety level 4 disease waste is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, National Institute of Health, biosafety in microbiological and biomedical laboratories, current edition. Cultures and stocks: wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures. Human blood and blood products: discarded waste human blood and blood components, and materials containing free flowing blood and blood products. Pathological waste: human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures and autopsy. Does not include teeth, human corpses, remains and anatomical parts that are intended for interment or cremation. Sharps: all hypodermic needles, syringes and IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package. The UTC regulates transporters of biomedical wastes. The UTC has issued statewide franchises to Waste Management and Stericycle to transport biomedical wastes. Their regulations also allow regular solid waste haulers to refuse to haul wastes that they observe to contain infectious wastes as defined by the UTC. Individual residents who generate hypodermic needles are not regulated as are clinics and agencies. Residents may collect used hypodermic needles in either labeled sharps containers made for that purpose or in empty rigid plastic bottles such as detergent bottles (preferably labeled). Full containers can be dropped off at MRW collection sites, including the new MRW collection facility at the Sunshine Transfer Station. Planning Issues for Biomedical Wastes Most biomedical wastes generated in Washington State are currently being handled properly. There are occasionally problems with small amounts of biomedical wastes being improperly disposed from small generators such as veterinarians and dental offices, but in general these can be addressed on an as -needed basis. Residential "sharps" (syringes), however, can be a problem. Sharps and other biomedical wastes are generated at residential locations from home health care, especially for diabetes and other health problems, and from illegal drug use. Residential sources often lack access Spokane Valley Solid Waste Management Plan by Green Solutions 7-3 Chapter 7: Special wastes to proper disposal methods, and residential sharps thrown in the garbage can pose a hazard to waste collectors and others. Alternative Strategies for Biomedical Wastes The following alternative was considered for biomedical wastes. Special Waste Alternative A - Publicize Proper Disposal Options for Residential Sharps: An ongoing campaign could be conducted to publicize and promote the proper disposal options for residential sharps. This could be accomplished through a multi -prong effort involving the City, the Health District and local pharmacies that sell syringes. The Health District and local pharmacies could take the lead on establishing programs to handle the syringes and publicizing the availability of these programs. For the City, a brief explanation of the problems and proper disposal opportunities could be included on general information that is distributed about the waste collection system. This alternative is evaluated further at the end of this chapter (see Section 7.7). 7.4. CONSTRUCTION AND DEMOLITION WASTES Existing Management Practices for C&D Wastes This section of the Plan also addresses "green building," which is a topic closely related to construction and demolition wastes. C&D wastes are defined simply as the wastes that are generated from construction and demolition activities. These wastes consist primarily of new and used building materials (wood, sheetrock, pipe and other metals, shingles, etc.), concrete and asphalt. Land clearing wastes, including soil, stumps and brush, are also sometimes included in this category, but these materials are rarely treated as a waste. To the extent these materials are taken off-site, the materials can be handled as a valuable product, clean fill or inert wastes (in the case of clean soils), or as a wood waste. A category related to C&D wastes is "inert wastes." State rules adopted in February 2003, Chapter 173-350 WAC, created this category of waste. Inert wastes are defined to include some types of construction wastes, such as concrete, asphalt, brick, and ceramic tile, but specifically excludes sheetrock. Inert wastes also include glass, stainless steel, aluminum, and other wastes that can meet the criteria for inert wastes (will not burn, creates no harmful leachate or gases, etc.). The regulatory status of inert wastes differs from mixed C&D wastes, with disposal requirements that are less strict. The total amount of C&D wastes generated in Spokane Valley is unknown, but for most communities, C&D wastes are generated in quantities equal to half or more of the regular solid waste stream. C&D wastes are generated at a rate that is proportional to construction activity, and so annual amounts will vary depending on population Spokane Valley Solid Waste Management Plan by Green Solutions 7-4 Chapter 7: Special wastes growth, the economic climate and other factors. Large commercial developments and other one-time projects can have a significant impact on annual amounts, as can natural disasters. C&D wastes can be handled in a variety of ways. Some of this waste can be reused or recycled at facilities in the area (such as Habitat for Humanity, Brown Building Materials and Greenacres Gypsum), and much of it is brought to one of the landfills in the area (Graham Road Recycling and Disposal or one of the inert waste landfills). A significant amount of C&D wastes are disposed with solid wastes. According to the estimated waste composition figures (see Table 2-4), there are 5,000 tons of wood and 6,280 tons of construction waste in the solid waste stream from Spokane Valley. Beyond Waste Plan: Increasing the amount of green building practices is one of the five key initiatives identified in the State's Beyond Waste Plan. Green building is defined by the Beyond Waste Plan as "design and construction practices that significantly reduce or eliminate the negative impact of buildings on the environment and occupants in five broad areas: sustainable site planning; conservation of materials and resources; energy efficiency and renewable energy; safeguarding water and water efficiency; and indoor air quality." The Beyond Waste Plan adopted a short-term goal of "dramatically increasing adoption of environmentally preferable building construction, operation and deconstruction practices throughout the state and the region." A separate long-term goal was also adopted, which is for "green building to be a mainstream and usual practice throughout the state." Planning Issues for C&D Wastes There appears to be no significant problems currently with the management of C&D wastes in Spokane Valley, although reuse and recycling opportunities for these materials could likely be used more. Alternative Strategies for C&D Wastes Possible alternatives for C&D wastes are described below. Special Waste Alternative B - Install Collection Areas at the Transfer Stations: An area at the two local transfer stations could be set up as a collection and temporary storage point for reusable building materials. Materials could be placed in this area by either the customers or by transfer station staff (time permitting). The area should be close to the tipping floor but also distinctly separated from it, to avoid confusion about what materials are permissible to take (scavenging directly from the tipping floor should not be allowed due to safety and regulatory concerns). Rules would need to be established as to whom may take materials from this area, and in any case solid waste customers should be required to weigh and complete their garbage transaction before taking materials from this area. Spokane Valley Solid Waste Management Plan by Green Solutions 7-5 Chapter 7: Special wastes Special Waste Alternative C - Promote Green Building: As mentioned earlier in this section, Ecology has adopted green building as one of the five primary initiatives in the Beyond Waste Plan. The scope of green building is very broad, however, and there are only a few of these topics that fit within the context of this Plan. For instance, issues dealing with energy efficiency, water conservation and indoor air quality have little to do with topics such as C&D recycling or even the use of recycled products. The green building activities that are relevant to this Plan are limited to: • Promoting de -construction activities that allow reuse and recycling. • Encouraging builders and others to recycle C&D materials. These activities could be promoted using a variety of tactics, ranging from providing links to other sources of information, to recycling requirements attached to new building permits. For the City of Spokane Valley, an appropriate level of involvement might be to provide brochures and other information developed by others, as these are available. Alternatives B and C are evaluated further at the end of this chapter (see Section 7.7). 7.5. MODERATE -RISK WASTES Introduction Residents and businesses in Spokane Valley produce small amounts of hazardous wastes, such as used solvents or other chemicals and leftover amounts of products such as garden chemicals and paints. For most businesses and virtually all residents, the amount of hazardous waste produced falls below the amount that is regulated and so is classified by Washington State law as a "moderate -risk waste." Businesses that create larger amounts of these wastes are regulated as hazardous waste generators and are subject to stricter requirements. Hazardous wastes as defined by State law (RCW 70.105.010) are excluded from the definition of solid waste, and so are not required to be addressed in a plan such as this. MRW generators are not required to retain the services of a hazardous waste disposal company (as larger generators must do), however, MRW will be disposed with solid waste if a convenient alternative is not provided. In other words, solid waste systems must provide an alternative disposal method for MRW or by default these materials will end up in the wastes that are sent to landfills or incinerators. In recognition of this need, a State law (RCW 70.105.220) required local governments to produce a "local hazardous waste plan" that was to be implemented by December 31, 1991. This section of the Plan addresses MRW in recognition of the need for a solid waste system to provide a viable alternative for the proper disposal of these wastes. This Spokane Valley Solid Waste Management Plan by Green Solutions 7-6 Chapter 7: Special wastes section is not intended to satisfy the requirements for a local hazardous waste plan, which would require more extensive analysis and program development. Regulations for Moderate -Risk Wastes MRW includes waste materials that have the characteristics of and pose the same risks as hazardous wastes, but are generated in relatively small quantities by individual households and in small quantities by businesses. In other words, these wastes are flammable, corrosive, toxic, and/or reactive. Federal law does not currently regulate these wastes as hazardous, but each state can adopt stricter regulations for hazardous waste from households and small quantity generators. Washington State has chosen to regulate these materials as solid waste, so long as they are managed properly. Ecology has created a waste classification called MRW that includes household hazardous waste (or HHW, which is generated by residential sources) and small quantity generator waste (which is generated by businesses, but in quantities below the current threshold for hazardous waste regulations). A State law adopted in 1991 also added used oil to the list of materials to be addressed by MRW programs. Conditionally Exempt Small Quantity Generator Waste: Many businesses and institutions produce small quantities of hazardous wastes. Conditionally exempt small quantity generators ("CESQGs") may produce hazardous waste at rates less than 220 pounds per month or per batch (or 2.2 pounds per month or per batch of extremely hazardous waste) and accumulate less than 2,200 pounds of hazardous waste on-site (or 22 pounds of extremely hazardous waste). Extremely hazardous wastes include specific pesticides and other poisons that are more toxic than other hazardous wastes. At amounts above these limits, the businesses become medium or large -quantity generators and must comply with the reporting and other requirements for hazardous waste management and disposal. CESQGs are conditionally exempt from State and Federal regulation, meaning that they are exempt only as long as they generate less waste than the threshold amounts, and properly manage and dispose of their wastes. Used Oil: Washington State law (Chapter 70.95I RCW) requires that local governments manage used oil in conjunction with their MRW programs and submit annual reports to Ecology. The Beyond Waste Plan Ecology is required by law (Chapters 70.105 and 70.95 RCW) to develop and update the statewide hazardous waste and solid waste plans. In 2004, Ecology simultaneously updated the 1991 State Solid Waste Management Plan and the 1994 State Hazardous Waste Management Plan. In 2004, the updated plans were published together as the Beyond Waste Plan. An updated version of the Beyond Waste Plan became available at the end of 2009. The Beyond Waste Plan's 30 -year vision states: "We can transition to a society where waste is viewed as inefficient, and where most wastes and toxic substances have been Spokane Valley Solid Waste Management Plan by Green Solutions 7-7 Chapter 7: Special wastes eliminated. This will contribute to economic, social and environmental vitality." The Beyond Waste Plan recognizes that "waste generation in Washington continues to increase, and that toxic substances are more prevalent in our everyday lives now than they were just few years ago." It explains why it is important to move beyond waste and concludes "to lower the risks to people and the environment, Washington needs to shift to an approach that will significantly reduce wastes and toxic substances over time." The Beyond Waste Plan adopted five initiatives as starting points for reducing solid and toxic wastes in Washington. One of these initiatives is "reducing small -volume hazardous materials and wastes." This initiative addresses products and substances commonly used in households and in relatively small quantities by businesses. Ecology included this initiative in the Beyond Waste Plan for three reasons: 1. The Beyond Waste Plan assumes that MRW affects everyone. A major premise of the Beyond Waste Plan is that small -volume hazardous materials and wastes are everywhere and that people come into contact with them daily. As a result, chronic and acute exposure to hazardous chemicals in homes and businesses can be a significant health risk, which can be very costly to businesses and society due to health care costs, environmental degradation, insurance and liability. 2. The Beyond Waste Plan also assumes that the current management system is not sustainable over the long term. Government funds pay for special collections, fixed facilities, and treatment and disposal programs to keep MRW out of municipal solid waste landfills and away from illegal disposal, but currently only a portion of all MRW is actually captured. Achieving future goals will require a better approach, including safer alternatives, product stewardship, waste reduction, recycling and convenient collection opportunities that do not rely primarily on public systems and finances. 3. Finally, the Beyond Waste Plan assumes that great strides are possible, and that many opportunities exist to reduce and eliminate risks associated with MRW. This is based in part on the idea that consumer demand is building for less harmful products, as well as for more reuse and recycling. Several regional and national initiatives are already underway, such as E -Cycle, the Take -it -Back Network and fluorescent lamp recycling, which lend credence to these ideas. The Beyond Waste Plan identifies the following recommendations for the small -volume hazardous materials initiative to succeed: 1. Eliminate or minimize groups of the most toxic chemicals as part of the Ecology's Reducing Toxic Threats work. 2. Reduce threats from mercury. 3. Reduce threats from Persistent Bioaccumulative Toxins. Spokane Valley Solid Waste Management Plan by Green Solutions 7-8 Chapter 7: Special wastes 4. Develop a more comprehensive list of covered electronics through a product stewardship infrastructure. 5. Reduce the use of high-risk pesticides, emphasize proper use, and encourage effective alternatives. 6. Reduce and manage all architectural paint wastes. 7. Implement and promote Environmentally Preferable Purchasing at state and local governments and in institutional settings, with Ecology leading by example. Support the Climate Action Team proposals and other initiatives. 8. Ensure MRW and hazardous substances are regulated and managed according to hazards, toxicity and risk. 9. Support full implementation of local hazardous waste plans. 10. Ensure businesses and facilities handling MRW comply with environmental laws and regulations. Encourage as much reuse and recycling of MRW as possible. 11. Educate the public and businesses on prevention, proper use, storage, and disposal of hazardous products and wastes. Encourage safer alternatives to minimize toxic threats, especially to vulnerable populations. 12. Develop and implement a strategy for a more regionally focused MRW program by evaluating the most significant threats and effective approaches, including safer alternatives, to reducing those threats. The Beyond Waste Plan adopted "five-year milestones" for these recommendations. Existing Management Practices for Moderate -Risk Wastes To date, moderate -risk wastes generated in Spokane Valley have been handled through drop-off collection sites at the Valley Transfer Station and two other locations operated by the Regional System. The drop-off site at the Valley Transfer Station is open from 7:30 a.m. to 5:00 p.m. seven days per week (except major holidays). Only household hazardous wastes are accepted for free at this site. CESQG's are referred to a private contractor for disposal of their wastes, and the private contractor periodically conducts collection events for CESQGs at the transfer station. Ongoing funding for the MRW program is provided through a portion of the tipping fee and Ecology's CPG grant program. Public education and information about the MRW program, including technical assistance to commercial generators, has been provided to date by Regional System staff. Others in the area, including garbage haulers and recycling companies, also provide information on proper handling and disposal of MRW. Spokane Valley Solid Waste Management Plan by Green Solutions 7-9 Chapter 7: Special wastes Planning Issues for MRW Wastes Because the City of Spokane Valley has chosen to leave the Regional System, an alternative program will be needed for MRW. Access to the MRW services at the Valley Transfer Station and other County -owned facilities may not be available. Sunshine has agreed to provide this service at its transfer station, and it is anticipated that they will collect a similar range of materials. Alternative Strategies for MRW Wastes Special Waste Alternative D - Encourage City Residents to Use the New Program for HHW: When the City leaves the Regional System in November 2014, city residents could be encouraged to use the MRW collection site at the Sunshine Transfer Station because access to existing County -owned sites may no longer be available. Special Waste Alternative E - Encourage Sunshine to serve CESQGs at their MRW Facility: When the City leaves the Regional System in November 2014, conditionally exempt small quantity generators (CESQGs) could be initially served by a referral service and periodic collection events. If these generators could, however, have access to the MRW facility at Sunshine's transfer station, they would have a much better level of service and convenience, and overall administrative demands and costs would be lower. This type of customer could be asked to pay a disposal fee for the wastes that they are dropping off at this site. Sunshine could consider adding services to CESQGs after they have operated the MRW site for a sufficient time to adequately accommodate this type of customer. These alternatives are evaluated further at the end of this chapter (see Section 7.7). 7.6. STREET SWEEPINGS AND VACTOR WASTES Existing Management Practices for Street Sweepings and Vactor Wastes Street sweepings and vactor wastes are two different wastes that are often managed together and are sometimes collectively called "street wastes." Street sweepings are the result of sweeping streets and parking lots to remove litter, sand and other materials. Vactor waste, which gets its name from the brand name of a vacuum truck that is often used to collect this material, is the result of pumping out stormwater catch basins, ditches, detention and retention ponds and similar structures. Both of these materials are potentially contaminated with heavy metals, petroleum products, and other chemicals, as well as being contaminated with litter (paper, plastic and metals). Only in extreme cases would the street sweepings or vactor waste be so contaminated that it would be necessary to handle these wastes as a dangerous waste, but the physical and chemical contaminants do limit the options for using these materials as clean fill or in other reuse applications. Spokane Valley Solid Waste Management Plan by Green Solutions 7-10 Chapter 7: Special wastes In Spokane Valley, street sweeping and the collection of vactor wastes are done by private companies under contract with the City. In the past, the City has provided a temporary storage site where wood pellets were added to the wastes to soak up excess water, and then the mixture was hauled to a landfill for disposal. At the time this Plan was being developed, however, the City was constructing a "decant facility," which will allow excess liquids to drain out of these wastes. This approach will avoid the need for adding wood pellets and also reduce the number of trips needed to the landfill. Planning Issues for Street Sweepings and Vactor Wastes With the construction of the decant facility, there are no additional known issues for street sweepings and vactor wastes, and so there is no need to examine additional alternatives for these materials. 7.7. EVALUATION OF SPECIAL WASTE ALTERNATIVES Review of Rating Criteria The special waste alternatives can be evaluated according to several key criteria, including consistency with solid waste planning goals, technical and political feasibility, and the relative cost-effectiveness of the alternative. Based on the ratings for these criteria, each alternative can be given an overall rating and a decision can then be made as to whether to pursue it or not. Consistency with Solid Waste Planning Goals: All of the special waste alternatives support the goals of providing reliable solid waste services and encouraging recycling and/or proper disposal as appropriate to the type of waste. Feasibility: Alternatives A (publicizing proper disposal methods for residential sharps) and C (promoting green building) are feasible although may lead to a minor amount of additional expenses not currently being incurred by the City. Alternative B (installing set-aside areas at the two transfer stations in the City) is not likely to be technically or politically feasible (due to cost and space constraints). Alternative D (using the Sunshine Transfer Station for HHW) is feasible and has been contractually arranged. The ability for Sunshine to serve CESQGs at their MRW facility appears feasible but time should be allowed for Sunshine to address this issue properly. Cost Effectiveness: Alternative A (publicizing proper disposal methods for residential sharps) is cost-effective in the sense that this may avoid a significant personal injury (should a waste collector or other person be stuck by an improperly -disposed syringe). Alternative B (installing set-aside areas at the two transfer stations in the City) may not be cost-effective in the sense that it would be hard to recover the capital costs of constructing the area for this activity. Alternative C (promoting green building) could be considered cost-effective in the sense that an investment in education and outreach would lead to future cost savings (from energy and water savings) in the ownership of Spokane Valley Solid Waste Management Plan by Green Solutions 7-11 Chapter 7: Special wastes homes and commercial buildings. Alternative D (using the Sunshine Transfer Station for HHW) should be cost-effective in the sense that a proper disposal system for HHW could avoid injuries or environmental damages. Alternative E is cost-effective in that the CESQGs using Sunshine's facility would be asked to pay a fee to cover the disposal costs of their wastes. Rating of Alternatives The evaluation of the alternatives is summarized in the following table. Table 7-1 Rating of the Special Waste Alternatives Alternative Consistency with Planning Feasibility Goals Cost - Effectiveness Overall Rating Biomedical Wastes A, Publicize proper disposal options for residential sharps C&D Wastes B, Collection areas at transfer stations C, Promote green building Moderate -Risk Wastes D, Use Sunshine Transfer Station for HHW E, Sunshine to consider serving CESQGs H H H H H M L M H M H L H H H H L H H H Rating Scores: H — High, M — Medium, L — Low 7.8 SPECIAL WASTE RECOMMENDATIONS The following recommendations are being made for special waste programs: High -Priority Recommendations SW1) Proper disposal options for residential sharps (syringes) will be promoted through a cooperative effort between the City of Spokane Valley, the Health District, and the waste collectors. SW2) Green building practices will be promoted by distributing brochures and publicizing other sources of information. Spokane Valley Solid Waste Management Plan by Green Solutions 7-12 Chapter 7: Special wastes SW3) City residents will be encouraged to use the Sunshine Transfer Station for household hazardous wastes. SW4) Sunshine Recyclers should consider providing MRW disposal services to businesses (CESQGs) in the future. For Recommendation SW1, implementation responsibility should be shared by the City and the Health District, with assistance and cooperation from the two waste collection companies. The City will be the lead agency for Recommendations SW2 and SW3. The decision on whether and how to serve CESQGs at their MRW facility should be made by Sunshine. The cost for Recommendation SW1 could be in the range of $25,000 to $50,000, depending on the extent of the public information and outreach campaign, and the potential to "piggy -back" on related public information efforts. The cost for Recommendation SW2 would be minimal, assuming the City would at most need to pay for minor modifications to the City's website and for printing of brochures developed by others. The cost for Recommendation SW3 will be significant, but this cost will be embedded in the disposal costs at the Sunshine Transfer Station and will be funded by Sunshine through tipping fees. The cost for Recommendation SW4 is expected to be covered by user fees. Recommendation SW3 will be implemented after November 2014, although publicity activities may begin before that date. Recommendation SW4 would likely not be implemented until 2015 or later. Spokane Valley Solid Waste Management Plan by Green Solutions 7-13 Chapter 7: Special wastes This page intentionally left blank to facilitate double -sided printing. Spokane Valley Solid Waste Management Plan by Green Solutions 7-14 Chapter 7: Special wastes CHAPTER 8 ADMINISTRATION 8.1. EXISTING ADMINISTRATION ACTIVITIES City of Spokane Valley The City of Spokane Valley, which incorporated March 31, 2003, is a non -charter code city that operates under a Council -City Manager system of government. This form of government provides a separation of politics from day-to-day administration of the City's activities, and also allows for professional management of the City's activities. The Council consists of seven elected officials serving staggered four-year terms. All of the seven positions are "at large." Every two years, the City Council members choose one member to serve as the Mayor of the City Council, and a second person to serve as Deputy Mayor. The City Council is generally responsible for adopting legislation and policies, adopting the City's budget, approving contracts, and hiring the City Manager. The City Manager is responsible for implementing City ordinances, preparing the City budget, negotiating and overseeing contracts, managing City operations and staff, and managing other aspects of the City's operations. Prior to this Plan, the City of Spokane Valley participated in local solid waste programs largely though the Regional System, which included the City of Spokane, Spokane County, and other regional cities. This involvement guided policies and programs in the City and throughout the region. Solid waste services are performed by private companies, although the City and others have been involved in public education and other support activities. The City is also involved in solid waste though the City Code, which has provisions that address problems with properties that accumulate junk, such as inoperable cars and badly -managed piles of organic materials that are attracting pests. The City of Spokane Valley recently entered into a contract with Sunshine that stipulates that Sunshine will provide solid waste transfer, transport and disposal services for City residents and businesses. A clause of that contract provides that an administrative fee be paid to the City. This fee is to be paid in quarterly installments for a total annual amount of $125,000. There is also a provision of that contract that provides for a "Right -of -Way Maintenance Fee" to be paid by Sunshine, in the amount of $1.00 per ton for each ton of solid waste over 45,500 tons per year. Together, these funds are referred to as a "disposal surcharge" in other parts of this Plan, and these funds are expected to cover the City's expenses for operating the City's System. Spokane County and the Spokane Regional Solid Waste System Until recently, solid waste programs in Spokane County were largely managed through the Regional System. Spokane Valley and the other cities in Spokane County have Spokane Valley Solid Waste Management Plan by Green Solutions 8-1 Chapter 8: Administration participated in this Regional System while maintaining some autonomy in solid waste collections and other programs (the City of Spokane, for instance, operates its own collection system for recycling and solid waste). The Regional System will cease to exist in November 2014, however, and Spokane County will become the lead agency for many of the programs that had been handled by the Regional System. Spokane Regional Health District The Health District is responsible for health programs throughout Spokane County, including Spokane Valley. In addition to programs addressing personal health problems and food safety, the Health District has an Environmental Public Health Division that conducts inspections of solid waste facilities and handles complaints related to solid waste. Washington State Agencies and Regulations The two State agencies that are primarily involved in solid waste management are Ecology and the UTC. Washington Department of Ecology: The Solid Waste Handling Standards (Chapter 173-350 WAC) were promulgated by Ecology under the authority granted by Chapter 70.95 RCW. In addition, Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills, contains the current standards for municipal solid waste landfills. The Model Litter Control and Recycling Act (RCW 70.93.060) prohibits depositing garbage on any property not properly designated as a disposal site. There is also a "litter fund" that has been created through a tax levied on wholesale and retail businesses, and the monies from this fund have been used for education, increased litter clean-up efforts, and contracts to eligible county entities for illegal dump clean-up activities. Under the Model Toxics Control Act (Chapter 70.105D RCW), grants are available to local governments for solid waste management plans and programs, hazardous waste management plans and programs, and remedial actions to clean up existing hazardous waste sites. Solid and hazardous waste planning and programs are funded through the CPG program administered by Ecology's Solid Waste and Financial Assurance Program. Ecology also responds to complaints regarding hazardous material spills or releases. Washington Utilities and Transportation Commission: The UTC regulates privately - owned utilities and companies that provide public services such as electric power, telephone, natural gas, private water systems, transportation, and waste collection. The UTC's authority over solid waste collection is established in Chapter 81.77 RCW and Chapter 480-70 WAC. The UTC regulates residential and non-residential garbage collection services, primarily in unincorporated areas and also for incorporated areas that have not taken control of Spokane Valley Solid Waste Management Plan by Green Solutions 8-2 Chapter 8: Administration the collection system. Cities are permitted by State law to choose their form of waste collection regulation. Many cities in Washington contract with a private hauler for garbage collection services (or collect it with city crews as in the case of Spokane), and only a few rely on the UTC to regulate a private garbage hauler as if they were an unincorporated area. UTC authority does not extend to companies operating under contract with any city or town, or to any city or town that undertakes solid waste collection. This regulatory system was set up by the State Legislature in the 1960's to ensure that every citizen and business, no matter how remotely located, can get garbage collection service. The UTC regulates solid waste collection companies by granting "certificates of convenience and necessity" that allow companies to operate in specified service areas. It also regulates solid waste collection, under authority of RCW 81.77.030, by: • Fixing collection rates, charges, classifications, rules, and regulations. • Regulating accounts, service, and safety of operations. • Requiring annual reports and other reports and data. • Supervising collection companies in all matters affecting their relationship to their customers. • Requiring collection companies to use rate structures consistent with state waste management priorities. The UTC requires certificate holders to provide the minimum levels of solid waste collection and recycling services established by a local solid waste management plan and enacted through a service level ordinance. Federal Agencies and Regulations At the federal level, the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Solid Waste Disposal Act Amendments of 1980 (42 U.S.C. 6901-6987), is the primary body of legislation dealing with solid waste. Subtitle D of RCRA deals with non -hazardous solid waste disposal and requires the development of a state comprehensive solid waste management program that outlines the authorities of local, state and regional agencies. Subtitle D requires that the state program must prohibit "open dumps" and must provide that all solid waste is disposed in an environmentally - sound manner. 8.2. ADMINISTRATION PLANNING ISSUES No City personnel are currently assigned responsibility for solid waste management and recycling issues. Spokane Valley Solid Waste Management Plan by Green Solutions 8-3 Chapter 8: Administration When the City leaves the Regional System, the City will begin to incur costs for activities that are currently handled by the Regional System. These costs are not well- defined at this time, but are anticipated to be in the neighborhood of $50,000 to $100,000, primarily for various education and outreach activities. The City will also become eligible for CPG funds from Ecology beginning July 1, 2015, and these funds could be used to cover these costs and/or help defray the expense of the MRW program or other programs. As of July 1, 2015, Spokane Valley will be eligible for approximately $250,000 in CPG funds (for a two-year period), although the City will need to provide a 25% match ($83,300, or $41,650 annually) for those funds. 8.3. ALTERNATIVE ADMINISTRATION STRATEGIES The following alternatives were considered for new or expanded administration programs. The listing of an alternative in this section does not mean that it is considered feasible or desirable, nor that is recommended (see Section 8.5 for administration recommendations). Alternative A - Hire Staff to Manage the Solid Waste System None of the existing City employees are specifically assigned to solid waste activities, and so these duties currently fall on the Public Works Director and others. With its new System, additional work will be required for managing contracts, conducting public education activities, and also possibly grant management and reporting. One full-time employee may be needed to manage the System. If the collection system is changed to one where the City handles the billing, then additional personnel would be needed for that as well. Alternative B - Use Private Contractors and Existing Staff to Manage the Solid Waste System It should be noted that the idea of hiring additional staff is contrary to the typical approach for Spokane Valley, and it is more likely that the City will wish to contract for as many of the activities as possible and then have existing contracts management staff monitor the progress of those activities. Existing staff can use a variety of techniques to monitor contracts and programs, including retaining the services of private vendors (such as survey firms) as appropriate and necessary (see also Alternative I in the Waste Reduction chapter for more on monitoring methods). 8.4. EVALUATION OF ADMINISTRATION ALTERNATIVES Review of Rating Criteria The above alternatives can be evaluated according to several key criteria, including consistency with solid waste planning goals, technical and political feasibility, and the Spokane Valley Solid Waste Management Plan by Green Solutions 8-4 Chapter 8: Administration relative cost-effectiveness of the alternative. Based on the ratings for these criteria, each alternative can be given an overall rating and a decision can then be made as to whether to pursue it or not. Consistency with Solid Waste Planning Goals: Both of these alternatives support the goals for this Plan. Feasibility: Between Alternatives A (hiring new staff) and B (the use of existing staff), Alternative B is more technically and politically feasible. Cost Effectiveness: Alternative B (using existing staff) is more cost-effective than Alternative A (hiring new staff). Rating of Alternatives The evaluation of the alternatives is summarized in the following table. Table 8-1 Rating of the Administration Alternatives Alternative A, Hire new staff B, Use existing staff Consistency with Planning Feasibility Goals H H L H Cost - Effectiveness L H Overall Rating L H Rating Scores: H — High, M — Medium, L — Low 8.5 ADMINISTRATION RECOMMENDATIONS The following recommendations are being made for administration programs: High -Priority Recommendations Al) The additional services and programs needed by the City to support the City's solid waste system will be performed by contracted services to the extent feasible and appropriate. Existing City staff will be used to monitor the contracts and programs for solid waste in the City of Spokane Valley. Medium -Priority Recommendations A2) The additional funds needed to implement the City's solid waste system will be collected through surcharges on tipping fees collected at the Sunshine Transfer Station. Spokane Valley Solid Waste Management Plan by Green Solutions 8-5 Chapter 8: Administration The City of Spokane Valley is the lead agency for both of these recommendations, which will be implemented in November 2014. The funding source is defined above, plus CPG funds can be used when the City becomes eligible for those. Spokane Valley Solid Waste Management Plan by Green Solutions 8-6 Chapter 8: Administration CHAPTER 9 IMPLEMENTATION PLAN 9.1. INTRODUCTION This chapter lists all of the recommendations from previous chapters and presents a plan to implement the recommendations. These recommendations are intended to guide decision-making activities for Spokane Valley for the next six years, while also providing direction for the next 20 years. Implementation of individual program elements will be accomplished through annual budgets and contracts. 9.2. WASTE REDUCTION RECOMMENDATIONS The following recommendations are being made for waste reduction programs (see Chapter 3 for more details): High -Priority Recommendations WR1) The City of Spokane Valley will evaluate product stewardship programs as these are proposed on a statewide or national level, and support those if appropriate to the interests of their citizens and the business community. WR2) The business community in Spokane Valley may be encouraged to reduce waste through a recognition program that publicizes success stories. WR3) The City of Spokane Valley will adopt policies and practices to encourage City departments to reduce waste. WR4) Round -up events should be conducted at least annually by the City of Spokane Valley. Medium -Priority Recommendations WR5) Public education materials distributed by the City of Spokane Valley will include information on alternative handling methods for yard waste, the value of "smart shopping" methods, how to avoid wasting food, and the availability of volume -based garbage collection fees. Low -Priority Recommendations WR6) A ban on the disposal of yard waste within solid waste disposal containers may be considered in the future if public education and outreach efforts are not effective in diverting most of this material from the waste stream. Spokane Valley Solid Waste Management Plan by Green Solutions 9-1 Chapter 9: Implementation Plan 9.3. RECYCLING AND ORGANICS RECOMMENDATIONS The following recommendations are being made for recycling and organics collection programs (see Chapter 4 for more details): High -Priority Recommendations R1) Curbside recycling will continue to be included with garbage collection services for residential customers in Spokane Valley. R2) City residents and businesses will be encouraged to use Sunshine Transfer Station for Clean Green drop-off services. Medium -Priority Recommendations R3) Weekly curbside recycling will be evaluated as part of the waste collection system changes expected to be implemented by Spokane Valley in 2018. 9.4. SOLID WASTE COLLECTION RECOMMENDATIONS The following recommendations are being made for waste collection programs (see Chapter 5 for more details): High -Priority Recommendations C1) When the City fully assumes control of collection services, anticipated to be in 2018, various options will be considered for providers and service levels, including negotiating versus bidding for haulers, and collection frequency for recycling. Medium -Priority Recommendations C2) Educate the public on the benefits of curbside collection services and the comprehensive costs related to self -haul to transfer station. 9.5. TRANSFER AND DISPOSAL RECOMMENDATIONS The following recommendation is being made for transfer and disposal programs (see Chapter 6 for more details): High -Priority Recommendations D1) The Sunshine Transfer Station is designated as the disposal system for all solid waste from Spokane Valley, effective November 17, 2014. Spokane Valley Solid Waste Management Plan by Green Solutions 9-2 Chapter 9: Implementation Plan 9.6. SPECIAL WASTE RECOMMENDATIONS The following recommendations are being made for special waste programs (see Chapter 7 for more details): High -Priority Recommendations SW1) Proper disposal options for residential sharps (syringes) will be promoted through a cooperative effort between the City of Spokane Valley, the Health District, and the waste collectors. SW2) Green building practices will be promoted by distributing brochures and publicizing other sources of information. SW3) City residents will be encouraged to use the Sunshine Transfer Station for household hazardous wastes. SW4) Sunshine Recyclers should consider providing MRW disposal services to businesses (CESQGs) in the future. 9.7. ADMINISTRATION RECOMMENDATIONS The following recommendations are being made for administration programs (see Chapter 8 for more details): High -Priority Recommendations Al) The additional services and programs needed by the City to support the City's solid waste system will be performed by contracted services to the extent feasible and appropriate. Existing City staff will be used to monitor the contracts and programs for solid waste in the City of Spokane Valley. Medium -Priority Recommendations A2) The additional funds needed to implement the City's solid waste system will be collected through surcharges on tipping fees collected at the Sunshine Transfer Station. 9.8. SIX-YEAR IMPLEMENTATION SCHEDULE The proposed implementation schedule is shown in Table 9-1. Spokane Valley Solid Waste Management Plan by Green Solutions 9-3 Chapter 9: Implementation Plan Recommendation Table 9-1 Implementation Schedule for Recommendations 2015 016 2017 2018 2019 2020 Waste Reduction WR1) Support product stewardship programs as appropriate WR2) Business waste reduction recognition program WR3) Adopt city waste reduction policies WR4) Conduct round -up events WR5) Promote waste reduction WR6) Consider yard waste disposal ban Recycling and Organics R1) Continue to include curbside recycling with garbage services R2) Encourage use of Sunshine Transfer Station for Clean Green R3) Evaluate weekly curbside recycling Solid Waste Collection 01) Contract for collection service C2) Increase curbside subscriptions Transfer and Disposal 01) Designate Sunshine Transfer Station as disposal site Special Wastes SW1) Promote proper disposal of residential sharps SW2) Promote green building SW3) Encourage use of Sunshine Transfer Station for HHW SW4) Sunshine to consider serving CESQGs Administration Al) Use existing staff A2) Disposal surcharge as funding source 44444 X X X X X X X (2014) X X X — indicates a singular or short-term event. Shading indicates ongoing activities. Spokane Valley Solid Waste Management Plan 9-4 by Green Solutions Chapter 9: Implementation Plan 9.9. IMPLEMENTATION RESPONSIBILITIES The City of Spokane Valley is primarily responsible for most of the recommendations made in this Plan, but that responsibility is shared with others as appropriate to the nature of the recommended activity. Implementation responsibilities for the recommended activities are summarized in Table 9-2. Table 9-2 Implementation Responsibilities for Recommendations Recommendation City County Health District Waste Haulers Others Waste Reduction WR1) Support product stewardship programs as appropriate X WR2) Business waste reduction recognition program X O WR3) Adopt city waste reduction policies X WR4) Conduct round -up events X WR5) Promote waste reduction X WR6) Consider yard waste disposal ban X Recycling and Organics R1) Continue to include curbside recycling with garbage services X O R2) Encourage use of Sunshine Transfer Station for Clean Green X O R3) Evaluate weekly curbside recycling X 0 Solid Waste Collection 01) Contract for collection service X 0 C2) Increase curbside subscriptions X Transfer and Disposal D1) Designate Sunshine Transfer Station as disposal site X Special Wastes SW1) Promote proper disposal of residential sharps O O X O SW2) Promote green building X SW3) Encourage use of Sunshine Transfer Station for HHW X X O SW4) Sunshine to consider serving CESQGs Sunshine Administration Al) Use existing staff X A2) Disposal surcharge as funding source X X — indicates primary responsibility. 0 — indicates secondary responsibility. Spokane Valley Solid Waste Management Plan by Green Solutions 9-5 Chapter 9: Implementation Plan 9.10. FUNDING STRATEGY The recommended programs will be funded through garbage rates, tipping fees, a disposal surcharge, other user fees, and State grants (CPG funds). It should be noted here that none of the recommendations in this Plan require additional construction or other capital acquisition activities (beyond the recent modifications that Sunshine has opted to make at the Sunshine Transfer Station), and so the costs addressed in this Plan are solely for operating expenses for a variety of programs. A summary of the funding sources for the recommended programs is shown in Table 9-3. Garbage rates will be used to fund waste collection, curbside recycling and commercial recycling programs. Tipping fees will be used for the recommended waste reduction, transfer, transport and disposal, household hazardous waste, and administration. Special user fees will fund small quantity generator and other special waste programs. Table 9-3 Funding Strategies for Recommendations Project or Activity a) c� 0) o (u o L Q N L VJ as a) a) 0LL VJ c c V Waste Reduction Recycling and Organics Solid Waste Collection Transfer and Disposal Special Wastes Administration X X X X X X X X X X X 9.11. TWENTY-YEAR IMPLEMENTATION SCHEDULE It is anticipated that programs and facilities in Spokane Valley will generally be able to stay on the course established by this Plan for the next twenty years. The waste stream for the City is not expected to increase so much (see Table 2-6) as to create capacity issues for the collection and disposal system that the City is proposing to use. The recently -executed contract with Sunshine will provide disposal services for at least the next ten years (with two three-year extensions possible). The contracts for waste collection services will provide for those services through 2018, at which time the City anticipates it will enter into a long term contract for solid waste collection services (as Spokane Valley Solid Waste Management Plan by Green Solutions 9-6 Chapter 9: Implementation Plan described in Chapter 5). Recycling and organics collection services will continue to be provided through the collection and disposal contracts. Hence, the twenty-year implementation strategy is much the same as the implementation details shown in the previous tables in this chapter. Changes will likely continue to occur, however, in the local, statewide and national solid waste arena, and should any of these changes require an amendment or revision to this Plan, then the steps described in the next section can be taken to address those. 9.12. PROCEDURES FOR AMENDING THE PLAN The Solid Waste Management -Reduction and Recycling Act (Chapter 70.95 RCW) requires local governments to maintain their solid waste plans in current condition. Plans must be reviewed and revised, if necessary, every five years. Assuming a timely adoption process for this Plan, with the process completed in late 2014, this Plan should be reviewed and, if necessary, revised or amended in 2019 or 2020. According to Ecology's guidelines5, "amendments" are more minor changes that generally occur within the five-year time period after a solid waste plan is approved, whereas "revisions" are more significant changes that could require more opportunities for public review and comment. Individuals or organizations wishing to propose Plan amendments before the scheduled review process must petition the City of Spokane Valley in writing. The petition should describe the proposed amendment, its specific objectives, and explain why immediate action is needed prior to the next scheduled review. The Public Works Director will investigate the basis for the petition and prepare a recommendation for the City Manager. If the City Manager decides that the petition warrants further consideration, the Public Works Director will draft a proposed amendment. This process will also be used if City staff initiate amendments to the Plan. The proposed amendment must be submitted to the City Council and undergo the normal review and approval process for this type of Plan amendment. As an amendment, a SEPA Checklist will likely not be necessary, but the proposed amendment should be reviewed by Ecology (the extent and timing for their review should be determined at a later date on a case-by-case basis). Once adopted, the amendment should be submitted to Ecology for review and approval. The Public Works Director may develop reasonable rules for submitting and processing proposed Plan amendments, and may establish reasonable fees to investigate and process petitions. All administrative rulings of the Public Works Director and City Manager may be appealed to the City Council. s Guidelines for Development of Local Comprehensive Solid Waste Management Plans and Plan Revisions, by the Washington Department of Ecology, February 2010, Publication #10-07-005. Spokane Valley Solid Waste Management Plan by Green Solutions 9-7 Chapter 9: Implementation Plan Minor changes that may occur in the System, whether due to internal decisions or external factors, can be adopted without the need to go through a formal amendment process. Implicit in the development and adoption of this Plan is the understanding that emergency actions may need to be taken by the City in the future for various reasons, and that these actions can be undertaken without needing to amend this Plan beforehand. For instance, an accident, fire or other mishap could interrupt transfer or disposal services and create a temporary or longer term need for alternative disposal arrangements. In the case of an emergency situation, City staff will endeavor to inform Ecology and other key stakeholders as soon as feasibly possible, but not necessarily before new actions are implemented. If the emergency results in permanent and significant changes to the System, an amendment to this Plan will be prepared. If, however, the emergency actions are only undertaken on a temporary or short-term basis, an amendment will not be considered necessary. Spokane Valley Solid Waste Management Plan by Green Solutions 9-8 Chapter 9: Implementation Plan GLOSSARY The following definitions are provided for various terms used in the Spokane Valley Solid Waste Management Plan: Biomedical waste: infectious and injurious waste originating from a medical, veterinary, or intermediate care facility, or from home use. Buy-back recycling center: a facility that pays people for recyclable materials. Commercial solid waste: solid waste generated by non -industrial businesses. This includes waste from business activities such as construction; transportation, communications and utilities; wholesale trades; retail trades; finance, insurance and real estate; other services; and government. This term is also used to refer to all waste except residential, or is used by waste collectors to refer to all waste that is collected using dumpsters. Commingled: recyclable materials that have been collected separately from garbage by the generator, but the recyclable materials have been mixed together in the same container (see also single stream). Composting: the controlled biological decomposition of organic wastes to produce a humus -like final product that can be used as a soil amendment. In this Plan, backyard composting means a small-scale activity performed by homeowners on their own property, using yard debris that they generate. CPG: Coordinated Prevention Grants, a grant program administered by the Washington State Department of Ecology. Curbside recycling: the act of collecting recyclable materials directly from residential generators, usually after the recyclable materials have been placed at the curb (or at the side of the street if no curb exists in the area) by the residents. EPA: the United States Environmental Protection Agency; the federal agency responsible for promulgation and enforcement of federal environmental regulations. Ferrous metals: materials that are predominantly (over 75% by weight) made of iron. Includes cans and various iron and steel alloys that contain enough iron such that magnets adhere to them, but for recycling this generally does not include paint cans or other containers that may contain hazardous residues. Groundwater: water present in subsurface geological deposits (aquifers). Spokane Valley Solid Waste Management Plan G-1 Glossary by Green Solutions HDPE: high-density polyethylene, a type of plastic commonly used in milk, detergent, bleach bottles and other containers. Also used for products that line and cap landfills. Household hazardous waste (HHW): wastes that would be classified as hazardous due to their nature or characteristics, except that the amount is too small to be regulated and the wastes are generated by households (which are exempt). Includes aerosol cans, solvents, some paints, cleaners, pesticides, herbicides, compressed gases, oil, other petroleum products, car batteries and other materials. Industrial waste: solid waste generated by various manufacturing companies. Includes waste generated by businesses that manufacture the following products: food, textile mill products, apparel, lumber, paper, printing, chemicals, stone, clay, glass, fabricated metals, equipment, and miscellaneous other products. Does not include hazardous wastes generated by these industries. Inert wastes: includes wastes that are inert in nature, such as glass, concrete, rocks, gravel, and bricks. Mixed paper: all other types of recyclable paper not included in newspaper, cardboard or high-grade papers. Includes materials such as "junk mail," magazines, books, and white and colored printing and writing papers. Moderate -risk wastes (MRW): includes household hazardous waste (see definition above) and wastes produced by businesses that potentially meet the definition of a hazardous waste except the amount of waste produced falls below regulatory limits. MSW: municipal solid waste (see also "solid waste"). Mulching: includes 1) leaving grass clippings on the lawn when mowing; 2) placing yard debris, compost, wood chips or other materials on the ground in gardens or around trees and shrubs to discourage weeds and retain moisture. Non-ferrous metals: materials predominantly made of copper, lead, brass, tin, aluminum, and other metals except iron. PET: polyethylene terephthalate, a type of plastic. Commonly used to refer to 2 -liter beverage bottles, although other containers are also increasingly being made from this material, including containers for liquid and solid materials such as cooking oil, liquor, peanut butter, and many other food and household products. Public education: a broad effort to present and distribute informational materials. Public information: the development of educational materials for the public, including brochures, videos, and public service announcements. Spokane Valley Solid Waste Management Plan G-2 Glossary by Green Solutions RCW: Revised Code of Washington. Recycling: the act of collecting and/ or processing source -separated materials in order to return them to a usage similar in nature to their previous use. Reusable items: items that may be reused (or easily repaired), including things such as small electronics, household items such as dishes, and furniture. Roll -off: large open -topped container, generally 8 to 40 cubic yards in volume, used for collecting and transporting wastes. Self -haul waste: waste that is brought to a landfill or transfer station by the person or company that created the waste. The former is called residential self -haul and the latter is called either non-residential or commercial self -haul. SEPA: State Environmental Policy Act. Single stream: refers to the practice of placing all recyclable materials together in one container for curbside collection. This is similar to "commingled" except that glass bottles may or may not be included in a commingled mixture, whereas glass bottles are mixed with the other materials in single stream collection programs. Solid waste: solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, discarded commodities, wood waste, and various special wastes. Special wastes: wastes that have particular characteristics such that they present special handling and/or disposal problems. Spokane Regional Solid Waste System: The name of the system that operated the public transfer stations and other aspects of the solid waste system through November 2014. This system was created by Interlocal agreements between Spokane County and the cities in the county, and was administered by the City of Spokane. Stationary compactor: A compaction unit installed at an apartment building or medium to large-sized business, used for compacting and transporting wastes. Tipping fee: The rate charged by transfer and disposal facilities, generally on a per -ton basis. Transfer station: an intermediate solid waste disposal facility at which solid waste is temporarily deposited to await transportation to a final disposal site. UGA: Urban Growth Area, see Spokane Valley Comprehensive Plan for more details. Spokane Valley Solid Waste Management Plan G-3 Glossary by Green Solutions UTC: Washington Utilities and Transportation Commission. WAC: Washington Administrative Code. Waste reduction or waste prevention: reducing the amount or type of solid waste that is generated. Also defined by state rules to include reducing the toxicity of wastes. White goods: large appliances such as refrigerators. Yard debris: includes leaves, grass clippings, brush and branches. Spokane Valley Solid Waste Management Plan G-4 Glossary by Green Solutions ATTACHMENT A ENVIRONMENTAL CHECKLIST This page intentionally left blank to facilitate double -sided printing. C1TY ©F Spokane ValleyE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION DETERMINATION OF NON -SIGNIFICANCE 1.1707 E Sprague Ave Suite 106 • Spokane VaIIey WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org FILE NUMBER: SEP -2014-0009 Solid Waste Management Plan PROPOSAL DESCRIPTION: Environmental review of the Solid Waste Management Plan. The plan provides guidance for the solid waste system in the City of Spokane Valley, which includes garbage collection and disposal, and programs for waste reduction, recycling, organics, special wastes and the administration of these programs. The Plan provides guidance on program development and implementation for these activities for the next five to six years, and anticipates the needs of the solid waste system 20 years from now. PROPOSAL LOCATION: This is a non -project action. The plan will impact the solid waste system for the City of Spokane Valley. OWNER: City of Spokane Valley, Eric Guth, 11707 E Sprague Ave, Suite 106, Spokane Valley, WA 99206 APPLICANT: City of Spokane Valley, Eric Guth, 11707 E Sprague Ave, Suite 106, Spokane Valley, WA 99206 LEAD AGENCY: City of Spokane Valley The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This deeision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. DETERMINATION: ❑ There is no comment period for this Determination ofNon-Significance (DNS). ❑ This DNS is issued using the optional DNS process in WAC 197-11-355. There is no further continent period on the DNS. ® This DNS is issued under WAC 197-11-340(2); the lead agency will not act on his proposal for 14 days from the date issued. STAFF CONTACT: Lori Barlow, Senior Planner, City of Spokane Valley; 11707 E Sprague Avenue, Suite 106, Spokane Valley, WA 99206, PH: (509) 720-5335/FX (509) 688-0037, lbarlow(spokanevalley.org RESPONSIBLE OFFICIAL: John Hohman, Community Development Director DATE ISSUED: Auf ust 15, 2014 SIGNAURE: .04" 5, APPEAL: An appeal of this determination shall be submitted to the Community Development Department within fourteen (14) calendar days after the date issued. The appeal must be written and specific factual objections made to the City's threshold determination. Appeals shall be conducted in conformance with Spokane Valley Municipal Code (SVMC) 17.90 Appeals, and any required fees pursuant to the City's adopted Fee Schedule shall be paid at the time of appeal submittal. Pursuant to WAC 197-11-680, appeals shall be limited to a review of a final threshold determination. City of Spokane Valley Determination of Non -Significance (DNS) File No. SEP -2014-0009 August 15, 2014 Page 1 of 1 APPENDIX A ENVIRONMENTAL CHECKLIST INTRODUCTION Ecology guidelines for solid waste plans require that the potential impacts of this Spokane Valley Solid Waste Management Plan (this "Plan") must be evaluated according to the State Environmental Policy Act (SEPA) process. This checklist has been prepared to fulfill that requirement. SUMMARY The SEPA checklist prepared for this Plan is intended only to address those programs specifically recommended by the CSWMP. Any new facilities or other activities proposed subsequent to this Plan will need to undergo their own SEPA review process. No negative environmental impacts are anticipated to result from the programs recommended in this Plan. Spokane Valley Solid Waste Management Flan by Green Solutions A-1 Attachment A: Environmental Checklist Spokane Vaileyt STAFF USE ONLY SEPA CHECKLIST SVMC 21.20 Community Development -- Planning Division 11703 E Sprague Ave Suite B-3 + Spokane Valley WA 99206 509.720.5310 • Fax: 509.688.0037 0 planning@spokanevaitey.org Date Submitted: u,Ei l.5i2 tLt Received by: f d to v $ Fee: 3. PLUS #: File #: 3 P - 2of4 -Ut f9 A. BACKGROUND 1. Name of proposed protect, if applicable: Spokane Valley Solid Waste Management Plan 2. Name of applicant: Spokane Valley Public Works Department 3. Address and phone number of applicant and contact person: Eric Guth, 509-720-5000, 11707 East Sprague Ave., Suite 106, Spokane Valley, WA 99206 4. Date checklist prepared: June 12, 2014 5. Agency requesting checklist: Washington Department of Ecology 6. Proposed timing or schedule (including phasing, if applicable): The recommendations contained in the Solid Waste Management Pian will be implemented primarily over the next five years. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? if yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The permit for one of the facilities mentioned in this Plan, the Sunshine Disposal Transfer Station, was recently modified to allow some of the proposed activities to proceed. Spokane Valley Solid Waste Management Plan A-3 Attachment A: Environmental Checklist by Careen Solutions 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. NA 10. List any government approvals or permits that will be needed for your proposal, if known. This Pian must be adopted by the Spokane Valley City Council and then the Washington Department of Ecology must approve the pian. 11. Give brief, complete description of your proposal, Including the proposed uses and the size of the project and site. Recommendations are made in this Plan for solid waste, moderate -risk waste and other aspects of the solid waste management system. Recommended actions include education and promotion, assignment of implementation responsibilities, and a funding strategy. 12. Location of the proposal. The activities described In the plan will take place primarily in the City of Spokane Valley. 13. Does the proposed action Ile within the Aquifer Sensitive Area (ASA)? The general Sewer Service Area? Priority Sewer Service Area? Yes, the activities described in this Plan will take place In the City of Spokane Valley. 14. The following questions supplement Part A. a. Critical Aquifer Recharge Area (CARA) / Aquifer Sensitive Area (ASA). 1, Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposal of Stormwater or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of material likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of firefighting activities). NA 2. Will any chemicals (especially organic solvents or petroleum fuels) be stored in aboveground or underground storage tanks? If so, what types and quantities of material will be stored? NA 3. What protective measures will be taken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater? This includes measures to keep chemicals out of disposal systems. NA Spokane Valley Solki Waste Management Plan A-4 Attachment A: Environmental Checklist by Green Solutions 4. Will any chemicals be stored, handled or used on the site In a location where a spill or leak will drain to surface or groundwater or to a stormwater disposal system discharging to surface or groundwater? NA b, Stormwater 1. What are the depths on the site to groundwater and to bedrock (if known)? NA 2. Will stormwater be discharged into the ground? If so, describe any potential impacts. NA B. ENVIRONMENTAL ELEMENTS 1) Earth a. General description of the site (check one): ❑ flat, ❑ rolling, ❑ hilly, ❑ steep slopes, ❑ mountainous, other Does not apply b. What is the steepest slope on the site (approximate percent slope)? Does not apply c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Does not apply d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Does not apply e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Also indicate source of fill. Does not apply f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Does not apply g. About what percent of the site will be covered with impervious surfaces after project construction? Does not apply EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid Waste Management Plan A-6 Attachment A: Environmental Checklist by Green Solutions h. Proposed measures to reduce or control erosion, or other Impacts to the earth, if any: Does not apply 2) Air a. What types of emissions to the air would result from the proposal (Le., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Does not apply b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Does not apply c, Proposed measures to reduce or control emissions or other impacts to air, if any: Does not apply 3) Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows Into. Does not apply 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Does not apply 3) Estimate the amount of fill and dredge material that would be placed In or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Does not apply 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Does not apply EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid waste Management Plan A-6 Attachment A: Environmental Checklist by Green Solutions 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. Does not apply 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Does not apply b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Does not apply 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Does not apply c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Does not apply 2) Could waste materials enter ground or surface waters? If so, generally describe. Does not apply d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Does not apply 4) Plants a. Check or circle types of vegetation found on the site: ❑ deciduous tree: alder, maple, aspen, other El evergreen tree: fir, cedar, pine, other ❑ shrubs ❑ grass EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid Waste Management Plan A-7 Attachment A: Environmental Checklist by Careen Solutions ❑ pasture ❑ crop or grain ❑ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ❑ water plants: water lily, eelgrass, milfoil, other 0 other types of vegetation Does not apply b. What kind and amount of vegetation will be removed or altered? Does not apply c. List threatened or endangered species known to be on or near the site. Does not apply d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, If any: Does not apply 5) Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: ❑ birds: hawk, heron, eagle, songbirds, other: 0 mammals: deer, bear, elk, beaver, other: ❑ fish: bass, salmon, trout, herring, shellfish, other; Does not apply b. List any threatened or endangered species known to be on or near the site. Does not apply c. Is the site part of a migration route? If so, explain. Does not apply d. Proposed measures to preserve or enhance wildlife, if any: Does not apply 6) Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc, EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid Waste Management Plan A-8 Attachment A: Environmental Checklist by Green Solutions Does not apply b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Does not apply c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy Impacts, If any: Does not apply 7) Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe Does not apply 1) Describe special emergency services that might be required. Does not apply 2) Proposed measures to reduce or control environmental health hazards, if any: Does not apply b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Does not apply 2) What types and levels of noise would be created by or associated with the project on a short-term or a Tong -term basis? Indicate what hours noise would come from the site. Does not apply 3) Proposed measures to reduce or control noise impacts, if any: Does not apply 8) Land and shoreline use a. What is the current use of the site and adjacent properties? Does not apply b. Has the site been used for agriculture? If so, describe. EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid Waste Management Plan A-9 Attachment A: Environmental Checklist by Green Solutions Does not apply c. Describe any structures on the site. Does not apply d. Will any structures be demolished? If so, what? Does not apply e. What is the current zoning classification of the site? Does not apply f. What is the current comprehensive plan designation of the site? Does not apply g. If applicable, what is the current shoreline master program designation of the site? Does not apply h. Has any part of the site been classified as an "environmentally sensitive area? If so, specify. Does not apply I. Approximately how many people would reside or work in the completed project? Does not apply J. Approximately how many people would the completed project displace? Does not apply k. Proposed measures to avoid or reduce displacement impacts, if any: Does not apply Proposed measures to ensure the proposal Is compatible with existing and projected land uses and plans, if any; Does not apply 9) Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Does not apply b. Approximately how many units, if any, would be eliminated? Indicate EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid Waste Management Plan by Green Solutions A-10 Attachment A: Environmental Checklist whether high, middle, or low-income housing. Does not apply c. Proposed measures to reduce or control housing impacts, if any: Does not apply 10) Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Does not apply b. What views in the immediate vicinity would be altered or obstructed? Does not apply c. Proposed measures to reduce or control aesthetic impacts, if any: Does not apply 11) Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Does not apply b. Could light or glare from the finished project be a safety hazard or Interfere with views? Does not apply c. What existing off-site sources of light or glare may affect your proposal? Does not apply d. Proposed measures to reduce or control Tight and glare impacts, if any: Does not apply 12) Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Does not apply b. Would the proposed project displace any existing recreational uses? If so, describe, EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid Waste Management pian A-11 Attachment A: Environmental Checklist by Green Solutions Does not apply c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, If any: Does not apply 13) Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. Does not apply b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural Importance known to be on or next to the site. Does not apply c. Proposed measures to reduce or control impacts, if any: Does not apply 14) Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Does not apply b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Does not apply c. How many parking spaces would the completed project have? How many would the project eliminate? Does not apply d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Does not apply e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Does not apply EVALUATION FOR AGENCY USE ONLY Spokane Valley Solid Waste Management Plan by Green Solutions A-12 Attachment A Environmental Checklist f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Does not apply g. Proposed measures to reduce or control transportation impacts if any: Does not apply 15) Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Does not apply b. Proposed measures to reduce or control direct Impacts on public services, if any. Does not apply 16) Utilities a. Check utilities currently available at the site: 0 electricity, 0 natural gas, ❑water, 0 refuse service, ❑ telephone, 0 sanitary sewer, ❑ septic system, ❑ other -- describe Does not apply b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Does not apply C. SIGNATURE EVALUATION FOR AGENCY USE ONLY The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: Spokane Valley Solid Waste Management Plan by Green Solutions A-13 Attachment A: Environmental Checklist D. SUPPLEMENTAL SHEET FOR NON -PROJECT ACTIONS 1. How would the proposal be likely to Increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Implementation of the proposed recommendations should help reduce the amount of water and air discharges, while increasing the proper handling of any solid or toxic wastes that are generated in the City. There should not be an increase or reduction in noise. a. Proposed measures to avoid or reduce such increases are: Not Applicable. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No impacts to plants, animals, fish and marine life are anticipated. a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Not Applicable. 3. How would the proposal be likely to deplete energy or natural resources? The proposed recommendations should help reduce energy demands and help to conserve natural resources, by increasing waste reduction and other activities. Increased recycling leads to conservation of natural resources and also reduces energy demands. In general, using recycled materials In place of virgin materials requires significantly Tess energy In the manufacturing process. a. Proposed measures to protect or conserve energy and natural resources are: Not Applicable. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? None of these areas will be negatively impacted by the recommendations In this Plan. a. Proposed measures to protect such resources or to avoid or reduce impacts are: Not Applicable. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No direct Impacts to land or shoreline use are anticipated to result from the proposed recommendations. a. Proposed measures to avoid or reduce shoreline and land use impacts are Not Applicable. Spokane Valley Solid Waste Management Plan A-14 Attachment A: Environmental checklist by Green Solutions 8. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed recommendations should lead to minor reductions in transportation requirements and public services, although if curbside recycling is increased to weekly then there would be additional traffic In the City. Transportation of solid waste out of the city should be lessened by increased waste reduction and recycling. a. Proposed measures to reduce or respond to such demand(s) are: Not Applicable. 7. identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No such conflicts are likely. The intent of creating this Plan is to comply with various laws and requirements (especially on the state level) regarding environmental protection and other factors. E. SIGNATURE I, the undersigned, swear under penalty of perjury that the above responses are made truthfully and to the best of my knowledge, I aiso understand that, should there be any willful misrepresentation or willful lack of full disclosure on my part, the agency may withdraw any Determination of Nonsignificance that it might issue in reliance upon this check list. Date: 745` Signature: Please print or type: Proponent: Eric Guth Address: 11707 East Sprague. Suite 106, Spokane Valley, WA 99206 Phone: 509-720-5000 Person completing form (if different from proponent): Name: Rick Hiavka, Green Solutions Address: PO Box 680, South Prairie, WA 98385 Phone: 360-897-9533 Spokane Valley Solid Waste Management Plan A-15 Attachment A Environmental Gheckllst by Green Solutions ATTACHMENT B RESOLUTION OF ADOPTION Pending (this section will contain the City's resolution adopting this Plan, which will be nearly the final step of the process). CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Resolution 14-012 Adopting Moderate Risk Waste Management Plan GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: With Council's decision to contract for solid waste management services, an alternative program will be necessary for Moderate Risk Waste (MRW) Management. As part of this new program, staff hired Green Solutions to prepare a MRW Management Plan. This Plan is intended to provide guidance for the moderate -risk waste management system in the City of Spokane Valley. The moderate -risk waste system includes hazardous wastes generated in small quantities by residents and small quantities generated by businesses. This MRW Management Plan is also intended to provide guidance on program development and implementation for these activities for the foreseeable future. The MRW programs are intended to complement and be integrated with the City's solid waste system, which includes garbage collection and disposal, waste reduction, recycling, organics, other special wastes, and the administration of these programs. State law (Chapter 70.105 RCW) provides the authority for the City to develop and implement this MRW Plan. Washington State lists several elements that are required in local hazardous waste plans (RCW 70.105.220). Specific components that are required include: • A program to manage moderate -risk wastes from households and businesses; • An ongoing public education program; • An inventory of existing hazardous waste generators and facilities to manage hazardous waste (based on data provided by the Department of Ecology); • A description of the public involvement process used in developing the plan; • A used oil recycling element (per RCW 70.951); • A description of the eligible zones designated in accordance with RCW 70.105.225; and • Other elements deemed appropriate by local government. These components are addressed in this MRW Management Plan to the extent necessary and possible. The City will use its standard adoption process for this MRW Plan. This process includes three steps; an informational memo (October 14, 2014) to the City Council, an administrative report (October 21, 2014) and work session, and a formal meeting (November 4, 2014) where the MRW Plan will be considered for approved and adopted. Public comment will be accepted at the formal meeting of the City Council prior to adoption. OPTIONS: The Council may adopt the Plan, or request changes. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 14-012 adopting the Moderate Risk Waste Management Plan. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Eric Guth, Public Works Director ATTACHMENTS: Final Moderate Risk Waste Management Plan Resolution DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 14-012 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE CITY OF SPOKANE VALLEY MODERATE -RISK WASTE MANAGEMENT PLAN, AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to the Spokane Regional Solid Waste Management System interlocal agreement entered into on July 15, 2003, between the City of Spokane Valley, Spokane County, and the City of Spokane (the "Solid Waste Interlocal"), the City of Spokane Valley (the "City") became part of the Spokane Regional Solid Waste Management System (the "Spokane Solid Waste System"); and WHEREAS, pursuant to the Solid Waste Interlocal, the Spokane Solid Waste System provided solid waste transfer, transport, and disposal services for all solid waste generated within the City, including moderate -risk waste disposal; and WHEREAS, the Solid Waste Interlocal was amended by the parties on November 2, 2011 to terminate at 11:59 PM on November 16, 2014; and WHEREAS, pursuant to RCW 35.21.152, the City is granted authority to manage, regulate, maintain, utilize, operate, control and contract for solid waste handling systems, and may contract with any public or private party to operate publicly or privately owned or operated solid waste handling systems, and to designate particular publicly or privately owned or operated solid waste handling systems as disposal facilities; and WHEREAS, since the amendment to the Solid Waste Interlocal in 2011, the City of has researched, reviewed, and conducted studies on options for solid waste handling of solid waste generated within the City's boundaries; and WHEREAS, pursuant to RCW 35.21.120, the City is granted authority to award contracts for any service related to solid waste handling, including contracts entered into under RCW 35.21.152; and WHEREAS, at the City Council's meeting on May 27, 2014, the City Council determined to contract with Sunshine Recyclers, Inc., to provide comprehensive solid waste transfer, transport, and disposal services for the residents of the City, including providing disposal services for certain moderate - risk wastes; and WHEREAS, the City entered into an agreement with Sunshine Recyclers, Inc., dated as of June 4, 2014, to provide comprehensive solid transfer, transport, and disposal services for the residents of the City, including providing services for disposal of certain moderate -risk wastes (the "Sunshine Solid Waste Services Agreement"); and WHEREAS, pursuant to RCW 70.105.220, each local government is directed to prepare a local hazardous waste plan; and WHEREAS, pursuant to RCW 70.105.220, the local hazardous waste plan shall include the following elements: (1) a plan or program to manage moderate -risk wastes, (2) a plan or program to provide for ongoing public involvement and public education in regard to the management of moderate - risk waste, (3) an inventory of all existing generators of hazardous waste and facilities managing hazardous waste within the jurisdiction, (4) a description of the public involvement process used in developing the local hazardous waste plan, (5) a description of any eligible zones designated in Resolution No. 14-012 Adopting Moderate -Risk Waste Management Plan Page 1 of 2 DRAFT accordance with RCW 70.105.225, and (6) other elements as deemed appropriate by local government; and WHEREAS, pursuant to RCW 70.95L020, the local hazardous waste plan shall include a used oil recycling element; and WHEREAS, pursuant to RCW 70.105.220 and RCW 70.95L020, the City prepared a draft moderate -risk waste management plan and took public comment on the draft plan at the regular meeting of the City Council on November 4, 2014; and WHEREAS, pursuant to chapter 43.21C RCW and chapter 21.20 SVMC, the City conducted a SEPA review of the draft plan and made a determination of nonsignificance; and WHEREAS, the City Council has considered the comments received from the public and incorporated necessary changes into the draft plan; and WHEREAS, the City Council determines that adoption and implementation of the final Spokane Valley Moderate -Risk Waste Management Plan is in the best interest for the public health, safety, welfare and environment for the City and its residents; and WHEREAS, the City Council desires to adopt and implement the final Spokane Valley Moderate - Risk Waste Management Plan effective on November 17, 2014. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Moderate -Risk Waste Management Plan Adopted. The City Council hereby adopts the Spokane Valley Moderate -Risk Waste Management Plan (the "Moderate -Risk Waste Management Plan"), attached hereto as Exhibit "A" and incorporated herein by reference. The City Council hereby authorizes the City Manager to take all actions necessary within his authority to implement the Moderate -Risk Waste Management Plan, including, but not limited to, finalizing and submitting the Solid Waste Management Plan to the Washington Department of Ecology for final approval. Section 2. Effective Date. This Resolution shall be in full force and effect November 17, 2014. Approved this day of November, 2014. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Dean Grafos, Mayor Approved as to form: Office of the City Attorney Resolution No. 14-012 Adopting Moderate -Risk Waste Management Plan Page 2 of 2 Spokane •00°°*.Ualle3T SPOKANE VALLEY MODERATE -RISK WASTE MANAGEMENT PLAN OCTOBER 2014 This page intentionally left blank to facilitate double -sided printing. GREEN SOLUTIONS ENVIRONMENTAL CONSULTING SPOKANE VALLEY MODERATE -RISK WASTE MANAGEMENT PLAN OCTOBER 2014 Prepared by: Green Solutions PO Box 680 South Prairie, WA 98385 rick@green-solutions.biz (360) 897-9533 This page intentionally left blank to facilitate double -sided printing. TABLE OF CONTENTS Executive Summary Introduction E-1 Recommendations E-1 Implementation Details for the Recommendations E-2 1 Introduction 1.1 Purpose 1-1 1.2 Planning Area 1-2 1.3 Planning Authority 1-2 1.4 Required Plan Elements 1-2 1.5 Planning Goals 1-3 1.6 Relationship to Other Plans 1-3 1.7 Public Participation in the Planning Process 1-6 2 Existing System 2.1 Introduction 2-1 2.2 Regulations 2-1 2.3 Inventories and Zoning 2-3 2.4 Current Programs 2-5 3 Alternatives 3.1 Introduction 3-1 3.2 Planning Issues 3-1 3.3 Alternatives 3-1 3.4 Evaluation of Alternatives 3-3 4 Recommendations 4.1 Recommended Activities and Programs .4-1 4.2 Implementation Schedule 4-2 4.3 Implementation Responsibilities 4-3 4.4 Funding Strategy 4-4 4.5 Twenty -Year Implementation Schedule 4-4 4.6 Procedures for Amending the Plan 4-4 Attachments Glossary A. Environmental Checklist B. Resolution of Adoption Spokane Valley Moderate -Risk Waste Management Plan i Table of Contents by Green Solutions LIST OF TABLES Executive Summary E-1, Implementation Summary for Recommendations E-4 3 Alternatives 3-1, Rating of the Moderate -Risk Waste Alternatives 3-4 4 Recommendations 4-1, Implementation Schedule for Recommendations 4-2 4-2, Implementation Responsibilities for MRW Recommendations 4-3 Spokane Valley Moderate -Risk Waste Management Plan ii Table of Contents by Green Solutions EXECUTIVE SUMMARY for the SPOKANE VALLEY MODERATE -RISK WASTE MANAGEMENT PLAN INTRODUCTION The Spokane Valley Moderate -Risk Waste Management Plan (the "MRW Plan") is intended to provide guidance for the moderate -risk waste management system in the City of Spokane Valley (the "City"). The moderate -risk waste system includes hazardous wastes generated in small quantities by residents ("household hazardous wastes") and small quantities generated by businesses ("small -quantity generators"). This MRW Plan is intended to provide guidance on program development and implementation for these activities for the foreseeable future. RECOMMENDATIONS The recommendations in this MRW Plan address new programs and activities that will be necessary for the City to create its solid waste system. The City recently contracted with Sunshine Recyclers, Inc. ("Sunshine"1) to provide solid waste transfer, transport, and disposal services for the City. As part of that contract, Sunshine will provide MRW drop-off collection services for Spokane Valley residents at Sunshine's transfer station (the "Sunshine Transfer Station"). The recommendations made in this MRW Plan are listed below and are summarized in Table E-1. High -Priority Recommendations MRW1) City residents will be encouraged to use the Sunshine Transfer Station for household hazardous wastes. MRW2) City to work with Spokane County to allow City residents to have continued access to Spokane County MRW facilities through June 30, 2015. 1 Sunshine Recyclers, Inc. operates a number of businesses providing transfer, disposal, and collection services. For the purposes of this Plan, "Sunshine" refers to that entity providing transfer, transport, and disposal services to the City pursuant to its recent contract, while "Sunshine Disposal" refers to the entity providing solid waste and recycling collection services. Spokane Valley Moderate -Risk Waste Management Plan E-1 Executive Summary by Green Solutions MRW3) The City will evaluate product stewardship programs as these are proposed on a statewide or national level, and support those if appropriate to the interests of their citizens and the business community. MRW4) Public education materials distributed by the City will include information on the proper handling and disposal of MRW. MRW5) The City and Sunshine will refer businesses to collection services and other sources of information for MRW disposal. MRW6) Sunshine should consider providing MRW disposal services to Conditionally Exempt Small Quantity Generators ("CESQGs") in the future. MRW7) If necessary, the City will adopt ordinances and take necessary steps to address identified problems with existing MRW handling and disposal. MRW8) The City will develop and adopt an ordinance to meet the requirements of State law regarding used oil signage and container sales for retailers selling significant amounts of oil and oil filters. Medium -Priority Recommendations MRW9) The City will work with private entities to provide annual collection events for CESQGs until Sunshine begins providing service for businesses at their MRW facility. IMPLEMENTATION DETAILS FOR THE RECOMMENDATIONS Table E-1 shows a summary of the recommendations, including the following information: • Lead agency (or company): each recommendation requires an agency or company to take charge of ensuring that it is implemented in a timely fashion. The City is the lead agency for several of the recommendations, but in some cases this responsibility is shared with Sunshine. In one instance, enforcement is shared with the Washington Department of Ecology ("Ecology"). • Cost: cost information is shown where available, and the cost figures shown are only the costs to the City. In some cases, there may be additional costs to others in terms of user fees and other expenses. For many of the recommendations, the primary expense is staff time. Spokane Valley Moderate -Risk Waste Management Plan E-2 Executive Summary by Green Solutions • Funding sources: the proposed source(s) of the funds to pay for recommended activities is shown in the last column of Table E-1. The funding source for several of the recommendations is shown as "Fee/CPG," which is an abbreviated way of saying that the funds would come from the fees charged to Sunshine (the administrative fee and the right-of-way maintenance fee, collectively referred to as a "disposal surcharge" throughout this MRW Plan) and/or Coordinated Prevention Grant ("CPG") funds when those become available to the City in mid -2015. Note that the many of the recommendations are shown in an abbreviated form in Table E-1 due to space constraints. Additional details for most of the recommendations can be found in the appropriate chapters of this MRW Plan. Spokane Valley Moderate -Risk Waste Management Plan E-3 Executive Summary by Green Solutions Table E-1 Implementation Summary for Recommendations Recommended Activity Lead Agency Annual Cost Funding Source High -Priority Recommendations MRW1) Encourage use of Sunshine Transfer Station for household hazardous wastes City and Sunshine Included in other tasks NA MRW2) City will work with Spokane County to allow continued use of Spokane County MRW facilities City NA NA MRW3) Support product stewardship programs as appropriate City Staff time NA MRW4) Public education City and Sunshine Included int other tasks NA MRW5) Refer businesses to collection services as requested City and Sunshine Staff time NA MRW6) Sunshine will consider serving CESQGs Sunshine Varies User fees MRW7) City will adopt ordinances if necessary to support MRW programs for identified issues City Staff time NA MRW8) City to adopt ordinance for used oil signage and container sales City and Ecology Staff time NA Medium -Priority Recommendations MRW9) City to work with private entities to provide annual collection events for CESQGs City Staff time NA Notes: NA = Not Applicable. 1. "Included in other tasks" = costs for these activities are already covered by tasks described in the Spokane Valley Solid Waste Management Plan. Spokane Valley Solid Waste Management Plan E-4 by Green Solutions Executive Summary CHAPTER 1 INTRODUCTION 1.1. PURPOSE This MRW Plan is intended to guide the moderate -risk waste management system in the City. The moderate -risk waste system includes household hazardous wastes and waste from small -quantity generators. This MRW Plan is intended to provide guidance on program development and implementation for these activities for the foreseeable future. The MRW programs are intended to complement and be integrated with the City's solid waste system (the "City's System"), which includes garbage collection and disposal, waste reduction, recycling, organics, other special wastes, and the administration of these programs. Definition of Moderate Risk Waste Moderate risk waste ("MRW") refers to waste materials that have the characteristics of and pose the same risks as hazardous wastes, but are generated in relatively small quantities by individual households and in small quantities by businesses. In other words, these wastes are flammable, corrosive, toxic, and/or reactive. Federal law does not currently regulate these wastes as hazardous, but each state can adopt stricter regulations for hazardous waste from households and small quantity generators. Washington State has chosen to regulate these materials. Ecology created a waste classification called MRW that includes household hazardous waste (which is generated by residential sources) and small quantity generator waste (which is generated by businesses, but in quantities below the current threshold for hazardous waste regulations). A State law adopted in 1991 also added used oil to the list of materials to be addressed by MRW programs. Household Hazardous Waste (also referred to as HHW): When generated in a residence, products that are flammable, corrosive, toxic or reactive become household hazardous wastes when they are discarded. Conditionally Exempt Small Quantity Generator Waste (CESQGs): Many businesses and institutions produce small quantities of hazardous wastes. CESQGs may produce hazardous waste at rates less than 220 pounds per month or per batch (or 2.2 pounds per month or per batch of extremely hazardous waste) and accumulate less than 2,200 pounds of hazardous waste on-site (or 22 pounds of extremely hazardous waste). Extremely hazardous wastes include specific pesticides and other poisons that are more toxic than other hazardous wastes. At amounts above these limits, a business becomes a medium or large -quantity generator and must comply with the reporting and other requirements for hazardous waste management and disposal. CESQGs are Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 1-1 Chapter 1: Introduction conditionally exempt from State and Federal regulation, meaning that they are exempt only as long as they generate less waste than the threshold amounts and properly manage and dispose of their wastes. 1.2. PLANNING AREA This MRW Plan addresses programs and activities for the incorporated area of the City. Additional information about the City's population, economy, land use and other factors can be found in the Spokane Valley Comprehensive Plan ("SVCP") and the Spokane Valley Solid Waste Management Plan ("SVSWMP"). 1.3. PLANNING AUTHORITY State law (Chapter 70.105 RCW) provides the authority for the City to develop and implement this MRW Plan. 1.4. REQUIRED PLAN ELEMENTS Washington State law lists several elements that are required in local hazardous waste plans (RCW 70.105.220). Specific components that are required include: • A program to manage moderate -risk wastes from households and businesses; • An ongoing public education program; • An inventory of existing hazardous waste generators and facilities to manage hazardous waste (based on data provided by Ecology); • A description of the public involvement process used in developing the plan; • A used oil recycling element (per RCW 70.95I); • A description of the eligible zones designated in accordance with RCW 70.105.225; and • Other elements deemed appropriate by local government. These components are addressed in this MRW Plan to the extent necessary and possible. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 1-2 Chapter 1: Introduction 1.5. PLANNING GOALS Mission Statement for the City of Spokane Valley MRW Plan The mission for this MRW Plan is to protect public health and the environment by reducing the threats posed by the production, use, storage and disposal of hazardous materials. Vision Statement for the City of Spokane Valley MRW Plan The vision for this MRW Plan is that residents, businesses and government will demand, use and produce products that limit harm to the environment and to all segments of the population. Goals for the City of Spokane Valley MRW Plan The specific goals of this MRW Plan are to: • Ensure convenient and reliable services for managing MRW. • Promote the use of proper waste handling and disposal methods. • Encourage public-private partnerships where possible. • Emphasize waste prevention and reduction as a fundamental management strategy. • Ensure compliance with State and local solid and moderate -risk waste regulations. • Assist those who sell and use products containing hazardous ingredients to minimize risks to public health and the environment. • Provide customers information and education to promote recommended waste management practices. • Support the State's Beyond Waste goals, especially for the five key initiatives: increased diversion of organic materials; increased use of green building methods; improved management of small -volume hazardous wastes; improved management of industrial wastes; and measuring progress. 1.6. RELATIONSHIP TO OTHER PLANS This MRW Plan is designed to be consistent with a number of other plans. The most significant of these plans are described below. Spokane Valley Comprehensive Plan The Spokane Valley Comprehensive Plan ("SVCP") provides a 20 -year vision for the future of Spokane Valley. The vision statement adopted by the SVCP is that Spokane Valley will be "a community of opportunity where individuals and families can grow and play and businesses will flourish and prosper." The SVCP was adopted April 25, 2006, and revisions to the SVCP are considered annually. The SVCP provides a significant Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 1-3 Chapter 1: Introduction amount of detail for policies and programs for related topics (land use, transportation, utilities, etc.), and as such it should be considered to have precedence over this MRW Plan in those matters. Programs proposed in this MRW Plan, especially those that might impact capital facilities, land use and transportation, should be checked against the SVCP to ensure consistency. Spokane Valley Solid Waste Management Plan The Spokane Valley Solid Waste Management Plan ("SVSWMP") provides both a short- term and long-term vision for the future solid waste management system for the City of Spokane Valley. The SVSWMP was adopted in November 2014, and that plan provides direction for a wide range of related topics (recycling, waste collection, transfer and disposal, other special wastes). Programs proposed in this MRW Plan, especially those that might impact solid waste activities should be checked against the SVSWMP to ensure consistency. Spokane County Solid Waste Management Plan The City of Spokane Valley previously participated in the development of the Spokane County 2009 Comprehensive Solid Waste Management Plan (the "Spokane County Solid Waste Plan") and implemented programs consistent with that plan. Hence, the City is starting this planning process from a point that is consistent with the Spokane County Solid Waste Plan. While future programs in the City may diverge from Spokane County programs, the use of regional service -providers and facilities will help ensure consistency for most programs. The Spokane County Solid Waste Plan, which is actually a combined solid waste and moderate -risk waste plan, was undergoing an update at the time this MRW Plan was being developed and the 2009 Spokane County Solid Waste Plan is expected to be replaced by Spokane County's update. Washington State Solid Waste Management Plan Ecology is required by law (Chapters 70.105 and 70.95 RCW) to develop and update the statewide hazardous waste and solid waste plans. In 2004, Ecology simultaneously updated the 1994 State Hazardous Waste Management Plan and the 1991 State Solid Waste Management Plan. The updated plans were published together as the Beyond Waste Plan in November 2004. An updated version of the Beyond Waste Plan, which shows recommendations and milestones for the next five years, became available at the end of 2009. The Beyond Waste Plan's 30 -year vision states: "We can transition to a society where waste is viewed as inefficient, and where most wastes and toxic substances have been eliminated. This will contribute to economic, social and environmental vitality." The Beyond Waste Plan recognizes that "waste generation in Washington continues to increase, and that toxic substances are more prevalent in our everyday lives now than they were just few years ago." It explains why it is important to move beyond waste and concludes "to lower the risks to people and the environment, Washington needs to Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 1-4 Chapter 1: Introduction shift to an approach that will significantly reduce wastes and toxic substances over time." The Beyond Waste Plan adopted five initiatives as starting points for reducing solid and toxic wastes in Washington. One of these initiatives is "reducing small -volume hazardous materials and wastes." This initiative addresses products and substances commonly used in households and in relatively small quantities by businesses. Ecology included this initiative in the Beyond Waste Plan for three reasons: 1. The Beyond Waste Plan assumes that MRW affects everyone. A major premise of the Beyond Waste Plan is that small -volume hazardous materials and wastes are everywhere and that people come into contact with them daily. As a result, chronic and acute exposure to hazardous chemicals in homes and businesses can be a significant health risk, which can be very costly to businesses and society due to health care costs, environmental degradation, insurance and liability. 2. The Beyond Waste Plan also assumes that the current management system is not sustainable over the long term. Government funds pay for special collections, fixed facilities, and treatment and disposal programs to keep MRW out of municipal solid waste landfills and away from illegal disposal, but currently only a portion of all MRW is actually captured. Achieving Beyond Waste goals in the future will require a better approach, including safer alternatives, product stewardship, waste reduction, recycling and convenient collection opportunities that do not rely primarily on public systems and finances. 3. Finally, the Beyond Waste Plan assumes that great strides are possible, and that many opportunities exist to reduce and eliminate risks associated with MRW. This is based in part on the idea that consumer demand is building for less harmful products, as well as for more reuse and recycling. Several regional and national initiatives are already underway, such as E -Cycle, the Take -it -Back Network and fluorescent lamp recycling, which lend credence to these ideas. The Beyond Waste Plan identifies the following recommendations for the small volume hazardous materials initiative to succeed: 1. Eliminate or minimize groups of the most toxic chemicals as part of the Ecology's Reducing Toxic Threats work. 2. Reduce threats from mercury. 3. Reduce threats from Persistent Bioaccumulative Toxins (PBTs). 4. Develop a more comprehensive list of covered electronics through a product stewardship infrastructure. 5. Reduce the use of high-risk pesticides, emphasize proper use, and encourage effective alternatives. 6. Reduce and manage all architectural paint wastes. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 1-5 Chapter 1: Introduction 7. Implement and promote Environmentally Preferable Purchasing at state and local governments and in institutional settings, with Ecology leading by example. Support the Climate Action Team proposals and other initiatives. 8. Ensure MRW and hazardous substances are regulated and managed according to hazards, toxicity and risk. 9. Support full implementation of local hazardous waste plans. 10. Ensure businesses and facilities handling MRW comply with environmental laws and regulations. Encourage as much reuse and recycling of MRW as possible. 11. Educate the public and businesses on prevention, proper use, storage, and disposal of hazardous products and wastes. Encourage safer alternatives to minimize toxic threats, especially to vulnerable populations. 12. Develop and implement a strategy for a more regionally focused MRW program by evaluating the most significant threats and effective approaches, including safer alternatives, to reducing those threats. The Beyond Waste Plan adopted "five-year milestones" for these recommendations. 1.7. PUBLIC PARTICIPATION IN THE PLANNING PROCESS The City will use its standard adoption process for this MRW Plan. This process includes three steps; an informational memo to the City Council, an administrative report and work session, and a formal meeting where the MRW Plan will be approved and adopted. Public comment will be accepted at the formal meeting of the City Council prior to adoption. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 1-6 Chapter 1: Introduction CHAPTER 2 EXISTING SYSTEM 2.1. INTRODUCTION This chapter of the MRW Plan provides information about the current conditions and management practices for MRW in the City, and information about the existing regulatory requirements for MRW. 2.2. REGULATIONS A review of the federal, state and local regulatory framework for managing hazardous waste is provided below. Federal Regulations The primary federal laws relating to hazardous waste are the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Other federal legislation such as the Universal Waste Rule and the Mercury -Containing and Rechargeable Battery Management Act establish rules for specific types of hazardous waste. Resource Conservation and Recovery Act (42 U.S.C. s/s 6901 et seq.): The Resource Conservation and Recovery Act (RCRA) establishes responsibility and authority for managing hazardous waste. Subtitle C of the law establishes requirements for generators, transporters, and operators of hazardous waste treatment, storage and disposal facilities. Hazardous wastes must be tracked from the time they are generated until the time they are disposed using a manifest system. Subtitle D of RCRA establishes minimum requirements for construction and operation of solid waste disposal facilities. It seeks to ensure that landfills receiving household hazardous waste and small quantity generator waste meet minimum design and construction standards. Ecology has been delegated the authority to enforce the provisions of RCRA in Washington. Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. s/s 9601 et seq.) : CERCLA, also known as the Superfund Act, provides the Environmental Protection Agency ("EPA") with the authority to clean up disposal sites contaminated with hazardous waste. The legislation enables the EPA to identify responsible parties and assess liability for cleaning up individual sites. The Superfund Amendments and Reauthorization Act established requirements related to emergency response planning and community notification of chemical releases. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 2-1 Chapter 2:Existing System Enhancing Hazardous Materials Transportation Security (HM -232): HM -232, which went into effect March 25, 2003, amended transportation rules to require that persons who transport, or offer for transportation, certain types of hazardous materials develop and implement a security plan. This rule also requires that employees be provided with security awareness training. This rule applies to many MRW facilities due to the types and quantities of wastes collected and shipped. The intent of the security plan is to prevent theft of flammable or explosive materials that could be used in acts of terrorism. State Regulations Hazardous Waste Management Act (Chapter 70.105 RCW): The Hazardous Waste Management Act establishes requirements for state and local hazardous waste management plans, rules for hazardous waste generation and handling, criteria for siting hazardous waste management facilities, and local zoning designations that permit hazardous waste management facilities. The Hazardous Waste Management Act also establishes waste management priorities for hazardous wastes. In order of decreasing priority, the management priorities are waste reduction; recycling; physical, chemical and biological treatment; incineration; solidification/stabilization; and landfilling. Rules implementing the Hazardous Waste Management Act are codified in the Dangerous Waste Regulations (Chapter 173-303 WAC). This regulation defines dangerous waste materials and establishes minimum handling requirements. State rules specifically exclude household hazardous waste and small quantity generator wastes from the dangerous waste regulation. The Dangerous Waste Regulations have been amended several times over the years, most recently in 2009. The 2009 amendments incorporated federal requirements into the state's rules and updated state - specific requirements, including technical corrections and other improvements. Model Toxics Control Act (Chapter 70.105D RCW and Chapter 173-340 WAC): The Model Toxics Control Act assigns responsibilities and provides a funding source for cleaning up hazardous waste disposal sites in Washington. The Model Toxic Control Act establishes state and local toxics control accounts as funding sources for hazardous waste related activities. The state account funds Ecology's solid and hazardous waste management planning activities, enforcement and technical assistance, remedial actions, public education and emergency response training. The local account provides grants to local governments for solid and hazardous waste programs including remedial actions. Used Oil Recycling Act (Chapter 70.95I RCW): The Used Oil Recycling Act requires local hazardous waste management plans to include plans for collecting used motor oil, adopting sign and container ordinances, and conducting public education. Local governments are also required to submit annual reports identifying used motor oil collection sites and the quantity of used motor oil collected from households. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 2-2 Chapter 2:Existing System Solid Waste Management Act (Chapter 70.95 RCW): As related to MRW, Chapter 70.95 RCW prohibits the disposal of automobile batteries and requires retail vendors to accept used batteries for recycling. Solid Waste Handling Standards (Ch. 173-350 WAC): The 2003 Solid Waste Handling Standards provide guidance on the design and operation of MRW facilities. Mercury Education and Reduction Act (Chapter 70.95M RCW): Chapter 70.95M RCW makes it illegal to sell most items that contain mercury in Washington State, including thermometers, manometers, toys, games and jewelry. Mercury -Containing Lights - Proper Disposal (Chapter 70.275 RCW): As of January 1, 2013, all users must recycle mercury -containing lights. The program that was intended to provide a statewide collection system for the lights has been postponed, however, due to funding problems, but the collection program is expected to become operational on January 1, 2015. Local Regulations Spokane County Regulations: MRW is addressed in Chapter 8, Health and Sanitation, of the Spokane County Code. Chapter 8.56, Regulation of Solid Waste Disposal, prohibits the disposal of hazardous wastes at solid waste facilities. Chapter 8.60, Used Oil Recycling, requires persons who sell 1,000 gallons or more per year of lubricating oil to post signage about used oil recycling and to sell reusable containers that can be used to hold used oil. Spokane Valley Codes: Chapter 21.40 of the Spokane Valley Municipal Code prohibits the disposal of hazardous materials or wastes within "critical aquifer recharge areas." The handling and storage of these materials within those areas also requires notifications and spill containment facilities. Chapter 19.120 of the Spokane Valley Municipal Code identifies hazardous waste treatment and storage as an allowable use in industrial areas (zones I-1 and I-2), but is only permitted there with supplemental conditions. 2.3. INVENTORIES AND ZONING RCW 70.115.220(1)(a) requires MRW plans to contain an assessment of the quantities, types, generators and fate of MRW in each jurisdiction. The following information addresses potential MRW generators, dangerous waste generators (i.e., large -quantity generators), contaminated sites, transporters and processing facilities, and locations where hazardous waste facilities are allowed to be sited ("zone designations"). Potential MRW Generators and Participation in MRW Collections The data necessary to conduct an assessment of the current rate of MRW generation and Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 2-3 Chapter 2:Existing System participation in MRW collection programs is unavailable, since the City has not previously operated its own MRW collection program. Dangerous Waste Generators Ecology's records show that the following numbers of businesses and institutions in the City that were registered as hazardous waste generators as of August 2014: • 7 large -quantity generators • 6 medium -quantity generators • 9 small -quantity generators2 • 9 non -generating sites and transporters with active EPA or state identification numbers, but who did not generate waste in the most recent year. In addition, there are assumed to be other businesses in the City that could be small generators of hazardous wastes, including car repair shops, hospitals, dentists, furniture refinishers, veterinarians, and various construction companies, that have not registered with Ecology. Many of these companies are likely small -quantity generators that are handling their wastes properly and hence not subject to reporting requirements. Remedial Action Sites Ecology's list of confirmed and suspected contaminated sites in the City can be found at www.ecy.wa.gov/programs/tcp/cleanup.html. The sites can be summarized in five categories (data on the number of sites shown below is current as of August 2014): 1. Brownfield Sites: There are no brownfield sites identified in the City. Brownfield sites are abandoned or under-utilized properties where potential liability due to environmental contamination and clean-up costs complicate redevelopment. 2. Environmental Covenants Register: There are two sites in the City that are identified for the environmental covenants registry. This registry is a list of sites that have residual contamination after clean-up has been completed. These sites have environmental covenants or deed restrictions limiting the types of uses for the property. 3. Leaking Underground Storage Tanks: There are no leaking underground storage tank sites identified in the City. 2 This figure includes only those small -quantity generators that have chosen at their option to get an EPA identification number, and the actual number of small -quantity generators is assumed to be higher. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 2-4 Chapter 2:Existing System 4. State Clean -Up Sites: There are eleven sites shown for the City on the list of cleanup sites: a) Contaminated Sites - 4 sites. There are four sites in the City where cleanup activities have been initiated but not yet completed. b) No Further Action Sites - 7 sites. These sites were previously on the Confirmed and Suspected Contaminated Site list but have now received a No Further Action decision. Two of these sites have deed restrictions or environmental covenants. 5. Regulated Underground Storage Tanks: There are 235 tanks shown on Ecology's list of regulated underground storage tanks (as of August 2014). Of these, 136 are listed as operational, 84 have been removed, ten are exempt and five are temporarily closed. Most of these sites are gas stations, but the list also may include industries, commercial properties, and governmental entities. Hazardous Waste Services (Transporters and Facilities) There are numerous companies that are registered in Washington as hazardous waste transporters and that could potentially provide services in the City. Zone Designations As part of the development of the original MRW plans, local jurisdictions were required by State law (RCW 70.105.225) to designate zones within their borders where hazardous waste facilities would be permitted to operate and to notify Ecology by 1988 of those designations. The City was incorporated in 2003 and so could not perform this activity in 1988, but the current Spokane Valley Municipal Code addresses hazardous storage and treatment facilities as an allowable use in industrial zones (with supplemental conditions). 2.4. CURRENT PROGRAMS To date, moderate -risk wastes generated in the City have been handled through drop- off collection sites at the Valley Transfer Station (located within the City) and two other locations (located outside of the City) operated by the Spokane Regional Solid Waste System (the "Regional System"). The drop-off site at the Valley Transfer Station is open from 7:30 a.m. to 5:00 p.m. seven days per week (except major holidays). Only household hazardous wastes are accepted for free at this site. CESQGs are referred to a private contractor for disposal of their wastes, and the private contractor periodically conducts collection events for CESQGs at the transfer station. Ongoing funding for the MRW program is provided through a portion of the tipping fee received by the Regional System at the Valley and other governmental transfer stations and Ecology's CPG program. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 2-5 Chapter 2:Existing System Public education and information about the MRW program, including technical assistance to commercial generators, has been provided to date by Regional System staff. Others in the area, including garbage haulers and recycling companies, also provide information on proper handling and disposal of moderate risk wastes. Additional information about the existing MRW activities, including an evaluation of the performance of these programs, can be found in the Spokane County Solid Waste Plan. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 2-6 Chapter 2:Existing System CHAPTER 3 ALTERNATIVES 3.1. INTRODUCTION This chapter of the MRW Plan identifies planning issues (service gaps and other needs) and options that could be used to address the planning issues. Options are evaluated according to several criteria to determine which of the options should move forward as recommendations. 3.2. PLANNING ISSUES Because the City has chosen to establish the City System, the City will need to establish its own programs for MRW. Access to the MRW services at the Valley Transfer Station and other Spokane County -owned facilities may not be available in the future. Sunshine has agreed to provide MRW collection service at the Sunshine Transfer Station, and it is anticipated that they will collect the same range of materials. Ecology's guidelines (Guidelines for Developing and Updating Local Hazardous Waste Plans, February 2010) state that MRW plans should address services in six areas: 1. Household Hazardous Waste collection 2. Household and public education 3. Small business technical assistance 4. Small business collection assistance 5. Enforcement 6. Used oil education and assistance 3.3. ALTERNATIVES Household Hazardous Waste (HHW) Collection Alternatives MRW Alternative A - Encourage City Residents to Use New Program for MRW: When the City leaves the Regional System and establishes the City System in November 2014, local residents should be encouraged to use the MRW collection site at the Sunshine Transfer Station because access to existing Spokane County -owned sites may no longer be available. MRW Alternative B - Continued Access to Spokane County MRW Collection Sites: Since the Spokane County MRW services are funded in large part by Coordinated Prevention Grant funds from Ecology, and those funds were awarded to Spokane Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 3-1 Chapter 3: Alternatives County based in part on the entirety of Spokane County's population (including the population of the City), then the City should work with Spokane County to ensure that City residents have access to those services for at least the duration of the grant (through June 30, 2015). If Spokane County chooses to bar Spokane Valley residents from access to MRW collection services after that date, the interim period should be used to educate participants by posting signs and distributing information that their new HHW service location is at the Sunshine Transfer Station operated by Sunshine. MRW Alternative C - Support for Product Stewardship Programs: The E -Cycle program has been successful at addressing electronic wastes and demonstrates that other materials could potentially be handled by manufacturer -funded programs. Retailer -based programs, such as the oil and vehicle battery take -back programs, have also proven very successful for ensuring proper handling of toxic wastes. These and similar approaches could be used to address additional materials that are being generated in large volumes, such as paint, or that are highly toxic, such as pesticides. Rather than address each material individually, one option would be for the State to adopt framework legislation, while voluntary take -back programs could continue to be encouraged. The City could support this and other product stewardship legislation as appropriate. This could be done through letters of support and other activities, and there would be negligible cost for this. Household and Public Education MRW Alternative D - Public Education for HHW: Household hazardous waste education programs typically focus on identifying household products that contain hazardous ingredients, encouraging safer alternatives and explaining how to dispose unwanted products that contain hazardous substances. Rather than conduct an independent education program for HHW, this alternative proposes that the appropriate messages for HHW be incorporated into the City's broader public education for the City's System. Public education opportunities will also be available at the HHW facility located within the Sunshine Transfer Station and the Sunshine Transfer Station scale houses. Small Business Technical Assistance MRW Alternative E - Technical Assistance for Businesses: Businesses in the City, and small businesses in particular, may occasionally have questions about the proper disposal of special or hazardous wastes that they generate. Both the City and Sunshine should train staff to refer them to the proper collection services or other sources of information to appropriately respond to calls for information about the disposal of such hazardous wastes. Small Business Collection Assistance MRW Alternative F - Collection Assistance for Businesses: Businesses in the City could be served by periodic (annual) collection events. The City could simply provide a Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 3-2 Chapter 3: Alternatives site for one or more private collection services to set up a collection event and help promote it through existing channels. Businesses that participate in this collection event would pay for the service based on the amounts and types of wastes being disposed. With sufficient participation, the cost to the businesses for this approach should be less than individual collection services. MRW Alternative G - Expand MRW Collection Services at Sunshine Transfer Station: As the MRW collection site at the Sunshine Transfer Station is developed and refined, consideration could be given to the idea of expanding those services to allow CESQGs to drop off waste at this site. This service would not need to be provided for free, but could be provided for a fee that covers the additional cost of handling the MRW from businesses. Enforcement MRW Alternative H - Enforcement: The City already requires businesses to notify the Fire Department about the use and storage of a long list of chemicals in critical aquifer recharge areas, and requires spill containment facilities for these chemicals. If necessary, additional steps could be taken based on incidents and reports of problems. Load inspections at the Sunshine Transfer Station as specified in the Sunshine Transfer Station Operations Plan could also lead to follow-up activities by a range of agencies, depending on the nature of identified problems. If systemic problems are identified, the City could consider adopting an ordinance banning disposal of hazardous waste with solid waste. Used Oil Education and Assistance MRW Alternative I - Used Oil Education and Enforcement: RCW 70.95I.040 requires persons who sell 1,000 gallons or more per year of lubricating oil, or 500 or more oil filters per year, to post signage about used oil recycling and to sell containers to hold used oil. This RCW also requires local governments that are preparing an MRW Plan such as this to adopt an ordinance to allow enforcement of these requirements. Upon adoption of this MRW Plan, the City should develop and adopt the necessary ordinance to meet the requirements of RCW 70.95I.040. 3.4. EVALUATION OF ALTERNATIVES Review of Rating Criteria The above alternatives can be evaluated according to several key criteria, including consistency with planning goals, technical and political feasibility, and the relative cost- effectiveness of the alternative. Based on the ratings for these criteria, each alternative can be given an overall rating and a decision can then be made as to whether to pursue it or not. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions 3-3 Chapter 3: Alternatives Consistency with Planning Goals: All of the alternatives described above agree with the planning goals, in particular those goals having to do with publicizing the need for proper handling and disposal of hazardous wastes and providing convenient services for proper disposal. Feasibility: In judging the alternatives for technical and political feasibility, all of the alternatives can be considered feasible. Implementation of Alternatives F (collection assistance for businesses) and G (expanding MRW collection services at the Sunshine Transfer Station to CESQGs) will require significant details to be worked out, so these are only rated as medium in feasibility. Cost Effectiveness: Several of the alternatives can be implemented without a significant investment in staff time or other resources, and so are rated high for cost- effectiveness. Alternatives D (public education) and F (collection assistance for business) will require a significant investment in staff time with an uncertain return on this investment, and so are only rated as medium for this criteria. Rating of Alternatives The evaluation of the alternatives is summarized in the following table. Table 3-1 Rating of the Moderate -Risk Waste Alternatives Alternative Consistency with Planning Goals Feasibility Cost - Effectiveness Overall Rating A, Encourage use of Sunshine Transfer Station for household hazardous wastes B, City will work with Spokane County to allow continued use of Spokane County sites C, Support product stewardship programs D, Public education E, Technical assistance for businesses F, Collection assistance for businesses G, Collect CESQG MRW at Sunshine Transfer Station H, Enforcement I, Used Oil Education and Enforcement H H H H H H H H H H H H H H M M H H H H H M H M H H H H H H H H M H H H Rating Scores: H — High, M — Medium, L — Low Spokane Valley Moderate -Risk Waste Management Plan 3-4 by Green Solutions Chapter 3: Alternatives CHAPTER 4 RECOMMENDATIONS 4.1. RECOMMENDED ACTIVITIES AND PROGRAMS The following recommendations are being made based on the service gaps, alternatives and evaluation of alternatives identified in previous sections of the MRW Plan. The recommendations are prioritized in order to help guide the City's allocation of resources in the future. There are no low -priority recommendations being made. High -Priority Recommendations MRW1) City residents will be encouraged to use the Sunshine Transfer Station for household hazardous wastes. MRW2) City to work with Spokane County to allow City residents to have continued access to Spokane County MRW facilities through June 30, 2015. MRW3) The City will evaluate product stewardship programs as these are proposed on a statewide or national level, and support those if appropriate to the interests of their citizens and the business community. MRW4) Public education materials distributed by the City will include information on the proper handling and disposal of MRW. MRW5) The City and Sunshine will refer businesses to collection services and other sources of information for MRW disposal. MRW6) Sunshine should consider providing MRW disposal services to Conditionally Exempt Small Quantity Generators ("CESQGs") in the future. MRW7) If necessary, the City will adopt ordinances and take necessary steps to address identified problems with existing MRW handling and disposal. MRW8) The City will develop and adopt an ordinance to meet the requirements of State law regarding used oil signage and container sales for retailers selling significant amounts of oil and oil filters. Spokane Valley Moderate -Risk Waste Management Plan 4-1 Chapter 4: Recommendations by Green Solutions Medium -Priority Recommendations MRW9) The City will work with private entities to provide annual collection events for CESQGs until Sunshine begins providing service for businesses at their MRW facility. 4.2. IMPLEMENTATION SCHEDULE The proposed implementation schedule for the recommendations is shown in Table 4-1. Table 4-1 Implementation Schedule for Recommendations Recommendation 20151r2016 2017 2018 2019 2020 2025 2030 High Priority Recommendations MRW1) Encourage use of Sunshine Transfer Station for household hazardous wastes MRW2) Work with Spokane County to allow continued use of Spokane County MRW facilities MRW3) Support product stewardship programs as appropriate MRW4) Public education MRW5) Refer businesses to collection services as requested MRW6) Sunshine will consider serving CESQGs MRW7) City will adopt ordinances if necessary to support MRW programs for identified issues MRW8) City to adopt ordinance for used oil signage and container sales Medium Priority Recommendations MRW9) City to work with private entities to provide annual collection events for CESQGs X — indicates a singular or short-term event. Shading indicates ongoing activities. Spokane Valley Moderate -Risk Waste Management Plan 4-2 by Green Solutions Chapter 4: Recommendations 4.3. IMPLEMENTATION RESPONSIBILITIES The City is primarily responsible for most of the recommendations made in this MRW Plan, but that responsibility is shared with others as appropriate to the nature of the recommended activity. Implementation responsibilities for the recommended activities are summarized in Table 4-2. Table 4-2 Implementation Responsibilities for MRW Recommendations Recommendation City County Sunshine Ecology High Priority Recommendations MRW1) Encourage use of Sunshine Transfer Station for household hazardous wastes X X MRW2) City will work with Spokane County to allow continued use of Spokane County MRW facilities X 0 MRW3) Support product stewardship programs as appropriate X MRW4) Public education X X MRW5) Refer businesses to collection services as requested X X MRW6) Sunshine will consider serving CESQGs X MRW7) City will adopt ordinances if necessary to support MRW programs for identified issues X MRW8) City to adopt ordinance for used oil signage and container sales X X Medium Priority Recommendations MRW9) City to work with private entities to provide annual collection events for CESQGs X X — indicates primary responsibility. 0 — indicates secondary responsibility. Spokane Valley Moderate -Risk Waste Management Plan 4-3 Chapter 4: Recommendations by Green Solutions 4.4. FUNDING STRATEGY The recommended programs will be funded through garbage rates, tipping fees, a disposal surcharge, other user fees, and State grants (CPG funds). It should be noted here that none of the recommendations in this MRW Plan require construction or other capital acquisition activities (beyond the recent modifications that Sunshine has made at the Sunshine Transfer Station), and so the costs addressed in this MRW Plan are solely for operating expenses for a variety of programs. 4.5. TWENTY-YEAR IMPLEMENTATION SCHEDULE It is anticipated that programs and facilities in Spokane Valley will generally be able to stay on the course established by this MRW Plan for the next twenty years. The recently -executed contract with Sunshine will provide disposal services for at least the next ten years (with two three-year extensions possible). Hence, the twenty-year implementation strategy is much the same as the implementation details shown in the previous tables in this chapter. Changes will likely occur, however, in local, statewide and national MRW standards, and should any of these changes require an amendment or revision to this MRW Plan then the steps described in the next section can be taken to address those. 4.6. PROCEDURES FOR AMENDING THE PLAN The Hazardous Waste Management Act (Chapter 70.105 RCW) clearly states that local governments are not required to update or otherwise maintain their moderate -risk waste plans. Should the City, however, choose to update this MRW Plan in the future, a process similar to the development and adoption process for a new plan should be followed if the revisions being made to the MRW Plan are significant or occur more than ten years after the adoption of this plan. Updates to the MRW Plan that are needed before the initial ten-year period and/ or that are relatively minor should be handled as an amendment to this MRW Plan that is approved by the City Council. For either approach, Ecology should be notified of any changes made to this MRW Plan. Spokane Valley Moderate -Risk Waste Management Plan 4-4 Chapter 4: Recommendations by Green Solutions GLOSSARY The following definitions are provided for various terms used in the Spokane Valley Moderate -Risk Waste Management Plan: Biomedical waste: infectious and injurious waste originating from a medical, veterinary, or intermediate care facility, or from home use. CESQG: Conditionally exempt small quantity generators (CESQGs) are businesses that produce hazardous waste at rates less than 220 pounds per month or per batch (or 2.2 pounds per month or per batch of extremely hazardous waste) and accumulate less than 2,200 pounds of hazardous waste on-site (or 22 pounds of extremely hazardous waste). CPG: Coordinated Prevention Grants, a grant program administered by the Washington State Department of Ecology. EPA: the United States Environmental Protection Agency; the federal agency responsible for promulgation and enforcement of federal environmental regulations. Household hazardous waste: wastes that would be classified as hazardous due to their nature or characteristics, except that the amount is too small to be regulated and the wastes are generated by households (which are exempt). Includes aerosol cans, solvents, some paints, cleaners, pesticides, herbicides, compressed gases, oil, other petroleum products, car batteries and other materials. Moderate -risk wastes (MRW): includes household hazardous waste (see definition above) and wastes produced by businesses that potentially meet the definition of a hazardous wastes except the amount of waste produced falls below regulatory limits. MSW: municipal solid waste (see also "solid waste"). Public education: a broad effort to present and distribute informational materials. Public information: the development of educational materials for the public, including brochures, videos, and public service announcements. RCW: Revised Code of Washington. SEPA: State Environmental Policy Act. Spokane Valley Moderate -Risk Waste Management Plan G-1 Glossary by Green Solutions Spokane Regional Solid Waste System: The name of the system that operated the public transfer stations and other aspects of the solid waste system through November 2014. This system was created by interlocal agreements between Spokane County and the cities in the county, and was administered by the City of Spokane. Transfer station: an intermediate solid waste disposal facility at which solid waste is temporarily deposited to await transportation to a final disposal site. WAC: Washington Administrative Code. Spokane Valley Moderate -Risk Waste Management Plan G-2 Glossary by Green Solutions ATTACHMENT A ENVIRONMENTAL CHECKLIST Spokane4000° Valley APPENDIX A ENVIRONMENTAL CHECKLIST INTRODUCTION Ecology guidelines require that the potential impacts of this MRW Plan must be evaluated according to the State Environmental Policy Act (SEPA) process. This checklist has been prepared to fulfill that requirement. SUMMARY The SEPA checklist prepared for this MRW Plan is intended only to address those programs specifically recommended by the MRW Plan. Any new facilities or other activities proposed subsequent to this MRW Plan will need to undergo their own SEPA review process. No negative environmental impacts are anticipated to result from the programs recommended in this MRW Plan. Spokane Valley Moderate -Risk Waste Management Plan A-1 Attachment A: Environmental Checklist by Green Solutions SEPA CHECKLIST SVMC 21.20 Community Development — Planning Division 11703 E Sprague Ave Suite B-3 ♦ Spokane Valley WA 99206 509.720.5310 ♦ Fax: 509.688.0037 ♦ planning@spokanevalley.org STAFF USE ONLY Date Submitted: Received by: Fee: PLUS #: File #: A. BACKGROUND 1. Name of proposed project, if applicable: City of Spokane Valley Moderate -Risk Waste Management Plan 2. Name of applicant: City of Spokane Valley Public Works Department 3. Address and phone number of applicant and contact person: Eric Guth, 509-720-5000, 11707 East Sprague Ave., Suite 106, Spokane Valley, WA 99206 4. Date checklist prepared: September 23, 2014 5. Agency requesting checklist: Washington Department of Ecology 6. Proposed timing or schedule (including phasing, if applicable): The recommendations contained in the Moderate -Risk Waste Management Plan will be implemented primarily over the next ten years. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The permit for one of the facilities mentioned in this MRW Plan, the Sunshine Disposal & Recycling Transfer Station, was recently modified to allow some of the proposed activities to proceed. The permit is issued by the Spokane Regional Health District and the modifications were reviewed and approved by the Washington Department of Ecology. Spokane Valley Moderate -Risk Waste Management Plan A-2 Attachment A: Environmental Checklist by Green Solutions 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. NA 10. List any government approvals or permits that will be needed for your proposal, if known. This MRW Plan must be adopted by the City of Spokane Valley City Council. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Recommendations are made in this MRW Plan to allow the City of Spokane Valley to maintain its own MRW program. 12. Location of the proposal. The activities described in the plan will take place primarily in the City of Spokane Valley. 13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The general Sewer Service Area? Priority Sewer Service Area? Yes, the activities described in this Plan will take place in the City of Spokane Valley. 14. The following questions supplement Part A. a. Critical Aquifer Recharge Area (CARA) / Aquifer Sensitive Area (ASA). 1. Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposal of Stormwater or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of material likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of firefighting activities). NA 2. Will any chemicals (especially organic solvents or petroleum fuels) be stored in aboveground or underground storage tanks? If so, what types and quantities of material will be stored? NA 3. What protective measures will be taken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater? This includes measures to keep chemicals out of disposal systems. NA 4. Will any chemicals be stored, handled or used on the site in a location where a spill or leak will drain to surface or groundwater or to a stormwater disposal system discharging to surface or groundwater? NA Spokane Valley Moderate -Risk Waste Management Plan A-3 Attachment A: Environmental Checklist by Green Solutions b. Stormwater 1. What are the depths on the site to groundwater and to bedrock (if known)? NA 2. Will stormwater be discharged into the ground? If so, describe any potential impacts. NA B. ENVIRONMENTAL ELEMENTS 1) Earth a. General description of the site (check one): ❑ flat, ❑ rolling, ❑ hilly, ❑ steep slopes, ❑ mountainous, other Does not apply b. What is the steepest slope on the site (approximate percent slope)? Does not apply c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Does not apply d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Does not apply e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Also indicate source of fill. Does not apply f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Does not apply g. About what percent of the site will be covered with impervious surfaces after project construction? Does not apply h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Does not apply EVALUATION FOR AGENCY USE ONLY Spokane Valley Moderate -Risk Waste Management Plan A-4 Attachment A: Environmental Checklist by Green Solutions 2) Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Does not apply b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Does not apply c. Proposed measures to reduce or control emissions or other impacts to air, if any: Does not apply 3) Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Does not apply 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Does not apply 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Does not apply 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Does not apply 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. Does not apply 6) Does the proposal involve any discharges of waste materials to EVALUATION FOR AGENCY USE ONLY Spokane Valley Moderate -Risk Waste Management Plan A-5 Attachment A: Environmental Checklist by Green Solutions surface waters? If so, describe the type of waste and anticipated volume of discharge. Does not apply b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Does not apply 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Does not apply c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Does not apply 2) Could waste materials enter ground or surface waters? If so, generally describe. Does not apply d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Does not apply 4) Plants a. Check or circle types of vegetation found on the site: ❑ deciduous tree: alder, maple, aspen, other ❑ evergreen tree: fir, cedar, pine, other ❑ shrubs ❑ grass ❑ pasture ❑ crop or grain ❑ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ❑ water plants: water lily, eelgrass, milfoil, other ❑ other types of vegetation EVALUATION FOR AGENCY USE ONLY Spokane Valley Moderate -Risk Waste Management Plan A-6 Attachment A: Environmental Checklist by Green Solutions Does not apply b. What kind and amount of vegetation will be removed or altered? Does not apply c. List threatened or endangered species known to be on or near the site. Does not apply d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Does not apply 5) Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: ❑ birds: hawk, heron, eagle, songbirds, other: ❑ mammals: deer, bear, elk, beaver, other: ❑ fish: bass, salmon, trout, herring, shellfish, other: Does not apply b. List any threatened or endangered species known to be on or near the site. Does not apply c. Is the site part of a migration route? If so, explain. Does not apply d. Proposed measures to preserve or enhance wildlife, if any: Does not apply 6) Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Does not apply b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Does not apply c. What kinds of energy conservation features are included in the plans EVALUATION FOR AGENCY USE ONLY Spokane Valley Moderate -Risk Waste Management Plan A-7 Attachment A: Environmental Checklist by Green Solutions of this proposal? List other proposed measures to reduce or control energy impacts, if any: Does not apply 7) Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe Does not apply 1) Describe special emergency services that might be required. Does not apply 2) Proposed measures to reduce or control environmental health hazards, if any: Does not apply b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Does not apply 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis? Indicate what hours noise would come from the site. Does not apply 3) Proposed measures to reduce or control noise impacts, if any: Does not apply 8) Land and shoreline use a. What is the current use of the site and adjacent properties? Does not apply b. Has the site been used for agriculture? If so, describe. Does not apply c. Describe any structures on the site. Does not apply d. Will any structures be demolished? If so, what? Does not apply EVALUATION FOR AGENCY USE ONLY Spokane Valley Moderate -Risk Waste Management Plan A-8 Attachment A: Environmental Checklist by Green Solutions e. What is the current zoning classification of the site? Does not apply f. What is the current comprehensive plan designation of the site? Does not apply g. If applicable, what is the current shoreline master program designation of the site? Does not apply h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Does not apply i. Approximately how many people would reside or work in the completed project? Does not apply J. Approximately how many people would the completed project displace? Does not apply k. Proposed measures to avoid or reduce displacement impacts, if any: Does not apply I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Does not apply 9) Housing a. Approximately how many units would be provided, if any? Does not apply b. Approximately how many units, if any, would be eliminated? Does not apply c. Proposed measures to reduce or control housing impacts, if any: Does not apply 10) Aesthetics a.What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Does not apply EVALUATION FOR AGENCY USE ONLY Spokane Valley Moderate -Risk Waste Management Plan A-9 Attachment A: Environmental Checklist by Green Solutions b.What views in the immediate vicinity would be altered or obstructed? Does not apply c. Proposed measures to reduce or control aesthetic impacts, if any: Does not apply 11) Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Does not apply b. Could light or glare from the finished project be a safety hazard or interfere with views? Does not apply c. What existing off-site sources of light or glare may affect your proposal? Does not apply d. Proposed measures to reduce or control light and glare impacts, if any: Does not apply 12) Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Does not apply b. Would the proposed project displace any existing recreational uses? If so, describe. Does not apply c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: Does not apply 13) Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. Does not apply EVALUATION FOR AGENCY USE ONLY Spokane Valley Moderate -Risk Waste Management Plan A-10 Attachment A: Environmental Checklist by Green Solutions b. Generally describe any landmarks or evidence of historic, EVALUATION FOR archaeological, scientific, or cultural importance known to be on or AGENCY USE next to the site. ONLY Does not apply c. Proposed measures to reduce or control impacts, if any: Does not apply 14) Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Does not apply b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Does not apply c. How many parking spaces would the completed project have? How many would the project eliminate? Does not apply d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Does not apply e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Does not apply f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. g. Does not apply Proposed measures to reduce or control transportation impacts if any: Does not apply 15) Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions A-11 Attachment A: Environmental Checklist Does not apply b. Proposed measures to reduce or control direct impacts on public services, if any. Does not apply 16) Utilities a. Check utilities currently available at the site: ❑ electricity, ❑ natural gas, ❑water, ❑ refuse service, ❑ telephone, ❑ sanitary sewer, ❑ septic system, ❑ other — describe Does not apply b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Does not apply C. SIGNATURE EVALUATION FOR AGENCY USE ONLY The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: Spokane Valley Moderate -Risk Waste Management Plan A-12 Attachment A: Environmental Checklist by Green Solutions D. SUPPLEMENTAL SHEET FOR NON -PROJECT ACTIONS 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Implementation of the proposed recommendations should help reduce the amount of water and air discharges, while increasing the proper handling of any toxic wastes that are generated in the City. There should not be an increase or reduction in noise. a. Proposed measures to avoid or reduce such increases are: Not Applicable. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No impacts to plants, animals, fish and marine life are anticipated. a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Not Applicable. 3. How would the proposal be likely to deplete energy or natural resources? No changes in energy or natural resource demands are anticipated. a. Proposed measures to protect or conserve energy and natural resources are: Not Applicable. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? None of these areas will be negatively impacted by the recommendations in this Plan. a. Proposed measures to protect such resources or to avoid or reduce impacts are: Not Applicable. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No direct impacts to land or shoreline use are anticipated to result from the proposed recommendations. a. Proposed measures to avoid or reduce shoreline and land use impacts are Not Applicable. Spokane Valley Moderate -Risk Waste Management Plan A-13 Attachment A: Environmental Checklist by Green Solutions 6. How would the proposal be likely to increase demands on transportation or public services and utilities? No changes in transportation or public services and utilities demands are anticipated. a. Proposed measures to reduce or respond to such demand(s) are: Not Applicable. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No such conflicts are likely. The intent of creating this MRW Plan is to comply with various laws and requirements (especially on the state level) regarding environmental protection and other factors. E. SIGNATURE I, the undersigned, swear under penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I also understand that, should there be any willful misrepresentation or willful lack of full disclosure on my part, the agency may withdraw any Determination of Nonsignificance that it might issue in reliance upon this check list. Date: Signature: Please print or type: Proponent: Eric Guth Address: 11707 East Sprague, Suite 106, Spokane Valley, WA 99206 Phone: 509-720-5000 Person completing form (if different from proponent): Name: Rick Hlavka, Green Solutions Address: PO Box 680, South Prairie, WA 98385 Phone: 360-897-9533 Spokane Valley Moderate -Risk Waste Management Plan A-14 Attachment A: Environmental Checklist by Green Solutions ATTACHMENT B RESOLUTION OF ADOPTION Pending (this section will contain the city's resolution adopting this Plan, which will be nearly the final step of the process). Spokane Valley Moderate -Risk Waste Management Plan by Green Solutions B-1 Attachment B: Resolution of Adoption CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: El Check all that apply: ['consent ❑ old business ® new business ['public hearing ❑ information ['admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Solid Waste Collection Contract with Waste Management GOVERNING LEGISLATION: RCW 35A.03.005, RCW 35.02.160, RCW 81.77.020, RCW 35.21.120 PREVIOUS COUNCIL ACTION TAKEN: City Council adopted Ordinance Nos. 07-023 and 08-004 to establish a solid waste collection franchise with Waste Management of Washington, Inc. Staff gave an administrative report on the proposed contract with Waste Management on October 28, 2014. BACKGROUND: Under Washington law, solid waste collection and solid waste collection companies are regulated by the Washington Utilities and Transportation Commission (the "WUTC") until such time as a City takes affirmative action to take over collection responsibilities. The City may do so by entering into a franchise or contract with a private solid waste collection company, or by providing services with its own personnel and equipment. While regulated by the WUTC, solid waste collection companies are granted a certificate (referred to as a "G -Certificate") allowing the company to provide service within a given area, where they operate pursuant to terms and rates set forth in a tariff. G -Certificates set forth the particular collection services and rates for the solid waste collection company within a given area. When a city assumes control of solid waste collection, the G -Certificate will be cancelled for the area within the city and Washington law provides that the solid waste collection company shall be compensated for the cancellation of the WUTC G -Certificate. Pursuant to RCW 35.02.160, the solid waste collection company is entitled to a minimum of at least seven years of continued services, plus any additional time to account for additional "measurable damages." While the compensation may be made by direct payment, typically the compensation occurs through continued services for a set period of time. In 2007, the City determined to assume control of solid waste collection services within the City limits and gave notice of cancellation of the G -Certificates for the two existing solid waste collection companies providing service within the City: Waste Management of Washington, Inc. ("WMW"), which provides residential curbside pick-up and some commercial collection, and Sunshine Disposal, Inc. ("SDP"), which provides roll -off container services only. To begin the process, the City adopted franchises, effective March 10, 2008, for WMW and SDI. Without any further action, the franchises are set to expire after the minimum statutorily required period of seven years on March 9, 2015. The City has since entered negotiations with WMW and SDI to obtain solid collection services from them as compensation for the remaining measurable damages to which they are entitled. For Council consideration is the proposed contract with WMW. The contract is a "status quo" contract that provides for a continuation of the same services and service levels as are currently provided by WMW under the existing franchise. The contract will be for a term that extends the existing solid waste collection services until March 31, 2018 (for a total of ten years of service since the City assumed control in March 2008). The primary difference from a service standpoint is that the City shall be responsible for management of the contract and issues that may arise instead of the WUTC. Rates for collection services will be established pursuant to the attachments in the contract, which begin with the current rates under the existing G -Certificate and associated tariff and decreases due to the lower disposal rate at the Sunshine Transfer Station. Additionally, Washington State law requires collection companies to collect a state solid waste tax in the amount of 3.6% on all solid waste collected. However, to date WMW has not collected the tax because the collected waste that went to the Waste -to -Energy facility was considered "fuel" and thus not subject to the tax. With the transition to the use of the Sunshine Transfer Station, customers must now pay the tax at the point their waste is collected, or if they self -haul, delivered to the transfer station. Thus, the state solid waste tax must be included in bills after the transition on November 17, 2014. Upon expiration of the solid waste contract in 2018, the City will enter into new contracts with a provider selected through a competitively bid process. The City has agreed in its transfer, transport, and disposal agreement with Sunshine Recyclers, Inc. to direct waste collected by WMW to the Sunshine Transfer Station. Thus, although the current franchise is not slated to expire until March 2015, staff is bringing the WMW contract forward to be effective concurrently with the change -over in transfer and disposal services that will occur on November 17, 2014. Staff has already provided a presentation on the concurrent termination of the existing WMW franchise. If Council approves and authorizes finalization and execution of the WMW contract, the effective date will be November 17, 2014, with a concurrent termination of the franchise on November 17, 2014. OPTIONS: Motion to approve the solid waste collection contract with Waste Management of Washington and authorize the City Manager to finalize and execute the contract. RECOMMENDED ACTION OR MOTION: I move to authorize the City Manager to finalize and execute the contract for solid waste collection services with Waste Management of Washington, Inc. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Erik Lamb, Deputy City Attorney; Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Draft Solid Waste Collection Contract with Waste Management SOLID WASTE COLLECTION AGREEMENT (RCW 35A.03.005; RCW 35.02.160) City of Spokane Valley This SOLID WASTE COLLECTION AGREEMENT ("Agreement") is made and entered into between WASTE MANAGEMENT OF WASHINGTON, INC. ("WMW") and the CITY OF SPOKANE VALLEY, a code city of the state of Washington ("City"). The parties shall he collectively referred to herein as the "Parties" and individually as a "Party", unless specifically identified otherwise. This Agreement shall be effective November 17, 2014. The Parties agree as follows. RECITALS WHEREAS WMW holds Certificate No. G-237 issucd by the Washington Utilities and Transportation Commission ("WUTC") for the collection of solid waste in certain areas in Washington State, including within certain areas in Spokane County; WHEREAS at the time of the City's incorporation on March 31, 2003, and thereafter, WMW provided solid waste collection services pursuant to Certificate No. G-237 within the geographic boundaries of the newly incorporated City (the "Incorporated Territory"), as shown on Exhibit A attached hereto; WHEREAS at the time of the City's incorporation on March 31, 2003, and thereafter, Sunshine Disposal, Inc. ("Sunshine Disposal") also provided commercial roll -off solid waste collection service ("Roll -Off Service") pursuant to Certificate No. G-199 within the Incorporated Territory; WHEREAS under RCW 35A.03.005 and RCW 35,02.160, the WUTC regulates the collection of solid waste within the Incorporated Territory until such time as the City notifies the WUTC, in writing, of its decision to contract for solid waste collection or provide solid waste collection itself pursuant to RCW 81.77.020; WHEREAS RCW 35.02.160 provides that when a new city incorporates, the city may elect to cancel the rights of the current solid waste collection company provided that the city grants to the collection company a contract or franchise to continue providing solid waste collection services for a term of not less than SEVEN (7) years following the city's exercise of its right to cancel WMW's WUTC collection authority within the Incorporated Territory; WHEREAS RCW 35.02.160 also provides that a company whose authority to collect solid waste within the city has been cancelled shall have a right of action against the city for any measurable damages it suffers as a result of the cancellation of its authority; WHEREAS on November 7, 2007, the City Council approved giving notice to the WUTC of the City's termination of WMW's collection rights within the Incorporated Territory under Certificate No. 0-237; WHEREAS through Ordinance 07-023, the City Council also approved granting to WMW a seven-year franchise (the "Franchise") to provide commercial and residential garbage and refuse collection service within the Incorporated Territory; Page 1 of 16 WHEREAS on or about January 29, 2008, City staff sent to the WUTC the City's notice of termination of WMW's collection rights within the Incorporated Territory; WHEREAS on March 25, 2008, the City Council approved Ordinance 08-004, which amended Ordinance 07-023 to clarify the prior ordinance and to revise the effective date of the date of termination of WM W's collection rights under Certificate No. G-237; WHEREAS although Ordinance 07-023 and 08-004 granted to WMW a seven-year Franchise to continue solid waste collection services as required by RCW 35.02.160, the ordinances did not resolve WMW's potential claim for measurable damages; and WHEREAS by entering into this Agreement, the City and WMW wish to resolve the remaining issues concerning the cancellation of WMW's collection rights by extending the term of WMW's solid waste collection rights and responsibilities for an additional THREE (3) years and waiving any and all claims to measureable damages under RCW 35.02.160. TERMS AND CONDITIONS 1. DEFINITIONS. For the purpose of this Agreement, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not otherwise defined herein shall have the definition provided under Chapter 70.95 RCW and its implementing regulations, if such definition exists. 1.1. "City Solid Waste" means all Solid Waste, including C&D Waste, Yard Debris, and Recyclable Materials, derived from residential and commercial sources, whether public or private, located within the City Limits, but excluding any Excluded Wastes. 1.2. "Solid Waste" means solid waste as defined by RCW 70.95.030(22), and as hereinafter amended, to be all putrescible and nonputrescibic solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials. 1.3. "C&D Wastes" means Solid Waste that results resulting from construction, remodeling, repair, and/or demolition of buildings, houses, roads, or other structures, including, but arc not limited to, wood, brick, concrete, rubble, soil, rock, drywall, masonry, roofing, siding, asphalt, structural metal, wire, packaging, insulation, and other building material. 1.4. "Yard Debris" means plant material commonly created in the course of maintaining yards and gardens, and through horticulture, gardening, landscaping, or similar activities. Yard debris includes but is not litnitcd to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, vegetable garden debris, holiday trees, and tree prunings that are three (3) inches or less in diameter and four (4) feet or less in length, food scraps and food -soiled paper. Yard Debris does not include such items as dirt, sod, stumps, logs, trcc and shrub prunings greater than three (3) inches in diameter, rocks, plastic, animal waste or manure, cat litter, potting soil, prepared food wastes or nonputrescible material. Un -flocked Christmas trees cut to less than three (3) feet in height are acceptable in or next to the Cart. Kraft bags and compostable bags arc not "Yard Debris". Page 2 of 16 1.5. "Recyclables Materials" means those categories of Solid Wastes that are identified described in Exhibit C attached hereto, including any amendments thereto, which are separated for recycling or reuse, such as papers, metals, and glass. 1.6. "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration. 1.7. "Source -Separated Recyclable Materials" means any Recyclable Materials that has been separated from other City Solid Waste prior to collection. 1.8. "Excluded Waste" means the following materials, provided, however, that the City and WMW may in the future agree in writing to include any of -the following materials as Solid Wastes subject to this Agreement: • Hazardous Waste, as defined herein; • Animal manures, dead animals, and animal remains, including remains from slaughterhouses or butcher shops; • Grease waste or used cooking oil; • Sewage sludge, septic tank and cesspool pumpings, or other sludge; • Infectious, biohazardous, or regulated medical waste; • Industrial process wastes and industrial wastewater sludge; • Treated/de-characterized wastes; • Antifreeze; • Asbestos and asbestos -containing waste; • Light ballasts; • Petroleum contaminated soils; • Universal wastes as defined in 40 CFR § 273.9, including batteries, pesticides, mercury -containing equipment, and universal waste lamps as defined therein; • Other wastes which require specialized disposal or treatment under stale or federal law; • Other wastes that the Parties agree to in writing to be excluded from this Agreement. 1.9. "Hazardous Waste" means wastes that are defined as hazardous wastes under federal law, including the federal Resource Conservation & Recovery Act, 42 U.S.C. §§ 6901 et seq., and under comparable state laws. 2. The "Extended Period". The terra of the seven-year Franchise granted pursuant to Ordinance 08-004 commenced on March 10, 2008 and will terminate on March 9, 2015. The Parties agree that the "Extended Period" shall commence on the Effective Date and shall terminate on March 31, 2018, unless extended by written agreement of the Parties. The Parties agree and acknowledge that the term of the Franchise plus the Extended Period is longer than the 7 -year franchise period required under RCW 35.02.160 in order to compensate WMW for any and all measurable damages WMW has incurred as a result of the cancellation of its solid waste collection rights within the Incorporated Territory. 3. Grant of Exclusive Right. The City hereby extends and grants to WMW the exclusive right and obligation to collect those City Solid Wastes, and provide those services previously provided under its WUTC Certificate G-237 and the City's Franchise to customers within the Incorporated Territory during the Extended Period (hereinafter the "Collection Page 3of16 Services"). During the Extended Period, the City agrees that, it shall not contract for Collection Services or provide Collection Services within the Incorporated Territory. Notwithstanding the foregoing, the grant of an exclusive right to such Collection Services: 3.1. Shall not apply to the self -hauling of Solid Waste by the generator in their own vehicles; 3.2. Shall not apply to the hauling of Source -Separated Recyclable Materials from commercial or industrial generators; 3.3. Shall not apply to those operations identified as exempt operations in WAC 480-70-011 or not otherwise regulated by the WUTC; 3.4. Shall not be construed to create any obligation or requirement for the City to impose mandatory solid waste collection from all of its residents and commercial businesses; 3.5. Shall not be construed to prohibit the City from undertaking any a procurement process and entering into a contract with another entity prior to the completion of the term of this Agreement in order to ensure there is no interruption of services after the completion of the term of this Agreement; provided that any such entity shall not commence providing services until the term of this Agreement is completed and this Agreement is terminated as provided herein. 4. Non -Exclusivity Regarding Sunshine Disposal, Notwithstanding any other provision in this Agreement, the Parties agree that nothing in this Agreement, including the grant of an exclusive franchise for the Incorporated Territory, shall interfere with the existing rights of Sunshine Disposal under RCW 35.02.160 to provide Roll -Off Service within the Incorporated Territory. 5. Termination of Franchise Granted under Ordinance Nos. 07-023 and 118-04: The Parties agree that, commencing on the Effective Date, this Agreement replaces and supersedes the Franchise granted pursuant to Ordinance Nos. 07-023 and 08-004. 6. Rates and Compensation. WMW shall be compensated for the Collection Services hereunder by charging its residential and business customers within the Incorporated Territory the rates and charges (the "Rates") set forth on Exhibit B attached hereto, and, as provided below, Exhibit 1). If Exhibit B does not include a rate or charge for a specific Collection Service provided by WMW within Spokane County as of the Effective Date, but for which there is a rate or charge in the copy of Tariff No. 17 for Certificate No. 0-237 (which includes revisions up to and including the third revision dated June 11, 2014) attached hereto as Exhibit 1), WMW's rate or charge shall be the same as those set forth in the copy of Tariff No. 17 attached as Exhibit 1) and as such rate may have been modified pursuant to Section 8. The Parties intend that other than as provided in Section 8.2 for the Recycling Commodity Credit, the only Rates applicable to the Collection Services hereunder shall be those set forth in Exhibit 13 and Exhibit D, as the same may be modified under Section 8. The Rates under this Agreement shall be charged beginning December 1, 2014. Page 4 of 16 7. Taxes, Fees, and Other Charges. In addition to the Rates identified in Exhibits B and D, WMW shall charge its residential and business customers within the incorporated Territory any taxes, fees, and charges identified in Exhibits B and 1) and any other taxes, fees, and charges as may hereinafter be levied by any governmental entity against the Collection Services in the Incorporated Territory. 8. Adjustments to Rates, Taxes, Fees, and Other Charges. The Rates, taxes, fees, and other charges shall be adjusted as follows: 8A. Annual Rate Adjustment. The service component of the Rates and the total Rates for Yard Debris and Recycling provided in Exhibit B and any applicable non - disposal rates set forth in Exhibit I) shall be adjusted December 1, 2015 and annually thereafter, by a percentage equal to the annual percent change in the Consumer Price Index ("CPI"), August to August, All items, December 1996=100 for All Urban Consumers (CPI -U), West Size Class B/C, as published by the Bureau of Labor Statistics (Iittp://www.bts.gov/cpi/home.htm). 8.2. Adjustment to Recycling Commodity Credit. The Rates shall include a Recycling Commodity Credit that is the same as the recycling commodity credit under RCW 81.77.185(1) included in WMW's WUTC tariff applicable to Spokane County. The Recycling Commodity Credit applicable to the Collection Services shall be adjusted at the same time and in the same amount that WMW adjusts the recycling commodity credit in its WUTC tariff applicable to Spokane County. 8.3. Adjustment for Changes to Taxes, Fees, and Other Charges, If any of these taxes, fees, or charges under Section 7 above are increased or decreased, WMW shall adjust the amounts charged to its residential and business customers consistent with the increases or decreases. If the City increases or decreases any taxes, fees, or charges on WMW's Collection Services within the Incorporated Territory, the City shall notify WMW of such taxes, fees, or other charges. 8.4. Periodic Adjustments Due to Extraordinary Circumstances. WMW's Rates set by this Agreement are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the annual CPI adjustment provided by Section 8.1 above, WMW's Rate shall, upon written request of WMW, be further adjusted due to any one or more of the following causes: (a) material changes in WMW's costs resulting from a Force Majeure event; provided that pursuant to Section 15, WMW is excused from performance during the period of a Force Majeure and so shall notify the City prior to continuing to provide services during the occurrence of a Force Majeure if it believes or has reason to believe the provision of services may result in material changes in WMW's costs. The Parties shall jointly determine whether WMW shall provide the same services or alternative services to limit the impact to WMW's costs; (b) material changes in WMW's costs resulting from a change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state, regional or local government that is effective after the Effective Date of this Agreement; provided WMW shall notify the City of such change and the Parties Page 5 of 16 shall jointly determine, to the extent possible under the changes, whether WMW may provide alternative services to limit the impact to WMW's costs; or (c) any increase or decrease in the disposal fees (excluding disposal fees for Yard Debris) applicable to the Collection Services under this Agreement, based on the disposal component shown in Exhibit 13. If WMW requests an adjustment due to the circumstances set forth above, WMW shall prepare a rate adjustment request setting forth its calculation of the increased or decreased costs and accompanying adjustment to the Rates necessary to offset such changes. The City may request any and all documentation and data reasonably necessary to evaluate such request by WMW. The City shall act within 45 days of receipt of the request from WMW, and shall either approve or disapprove the request, provided that approval shall not be unreasonably withheld. 8.5. Notice of Rate Increases. WMW shall implement all adjustments to rates authorized under Sections 8.1, 8.3, and 8.4 above by providing notice on the customers' invoices for the month of the adjustment. Notwithstanding WMW's obligation to provide notice of rate increases hereunder, the City shall remain responsible for the 45 - day notices of rate increases required under RCW 35.21.157; provided, upon written notification by the City, WMW shall include such notice on behalf of the City on the customers' invoices for the next billing cycle. 8.6. Notice of Disposal Fee Increases. In order to allow WMW sufficient time to adjust its rates and provide notice to its customers under Section 8.5 above, the City shall provide WMW with at least TEN (10) days advance written notice of any increase in the disposal fees charged by the City's designated disposal system identified pursuant to Section 11 below. lithe City fails to provide such notice and WMW is not able to adjust its rates prior to the effective date of the disposal fee increase, WMW shall prorate future customer invoices accordingly. 8.7. Non -Applicability of Revisions to WUTC "tariffs. Notwithstanding any other provision in this Agreement, the Parties agree that the Rates have been established based on the WUTC tariff rates for Ccrtificatc No. G-237 applicable to the Incorporated Territory as of August 1, 2014 and such established Rates are shown in Exhibit 13 and Exhibit D, but that any future rate adjustments shall be based upon Sections 8.1, 8.3, and 8.4 above and not on any revisions to the WUTC tariff rates for Certificate No. G-237, with the exception of the recycling commodity credit, which during the term of this Agreement shall track the amounts set forth in Ccrtificatc No. 0-237, Tariff 17, Item 100. Furthermore, nothing in this Agreement is intended to restrict or prohibit WMW from seeking approval from the WUTC for new and/or revised WUTC tariff rates applicable to solid waste collection within its Certificate No. 0-237 territory located outside of the Incorporated Territory. 9. Additional Services. Utile City elects to offer additional solid waste collection services to residential and/or commercial customers within the Incorporated Territory, the City shall notify WMW in writing of the additional services requested, and WMW shall have the right to provide such additional services during the Extended Period. If WMW elects to provide such additional services, WMW shall notify the City in writing within THIRTY (30) days of receipt of the City's notice and shall offer such services either: Page 6 of 16 9.1. consistent with the then -current rates for the same or similar services under its WUTC tariff applicable to Spokane County, subject to any differences in the disposal rate component as shown in Exhibit B; or 9.2. if WMW docs not offer the same or similar services under its WUTC tariff, pursuant to written agreement between the Parties. If WMW either (a) notifies the City in writing of its decision not to provide such additional services, or (b) fails to notify the City in writing within THIRTY (30) days of receipt of the City's notice, the City may contract for those services or provide those services itself within the Incorporated Territory. 10. Incorporation of Certain C-237 Tariff Service Conditions. Except as expressly provided herein, the Parties agree that the service requirements imposed pursuant to Tariff No. 17 (including revisions up to and including the third revision dated June 11, 2014) applicable to Certificate No. G-237 as provided in Exhibit 1) and the current provisions of WAC 480-70-361 through 480-70-421, excluding WAC 480-70-386(2) and the annual program information requirement in WAC 480-70-361(7), shall be applicable to the Collection Services hereunder. A copy of Tariff No. 17 is attached hereto as Exhibit 1) and is incorporated herein by this reference. All references to "Tariff No. 17" shall be deemed to be to the copy of Tariff No. 17 attached as Exhibit D. Notwithstanding the foregoing, the following shall apply in the event of any differences or ambiguities between the terms and conditions of this Agreement and Tariff No. 17 and the referenced WAC provisions: 10.1, Unless a term or condition of Tariff No. 17 or WAC section is inapplicable to the City, any reference to the WUTC in Tariff No. 17 or WAC section shall be deemed to be a reference to the City; 10.2. For any Collection Service for which there is a Rate established in Exhibit B, the Rate in Exhibit H shall apply and not the rale in Tariff No. 17; 10.3. For any Collection Service for which there is no Rate established in Exhibit B but for which there is a rate in Tariff No. 17, the rale in Tariff No. 17 shall apply; and 10.4. If there is a requirement or obligation set forth in this Agreement that conflicts with a requirement or obligation in Tariff No. 17 or any referenced WAC section, the requirement or obligation set forth in this Agreement shall apply; 11. Designated Disposal System. Except for C&D Wastes, Yard Debris, Recyclable Materials, and any other materials agreed to by the Parties in writing, all City Solid Waste collected under this Agreement shall be delivered to the City's designated disposal system. WMW may deliver C&D Wastes, Yard Debris, Recyclable Materials, and any other materials agreed to by the Parties in writing to any permitted facility chosen by the WMW. 12. Waiver of Claims for Measurable Damages. WMW hereby waives all claims under RCW 35A.03.005 and RCW 35.02.160 to any measurable damages resulting from the cancellation of its solid waste collection business within the incorporated Territory. The Parties agree that this Agreement and the Franchise provide full satisfaction of any and all claims for measurable damages caused by cancellation of the WMW's Certificate No. G-237 and, the City's extension of its collection authority over the Incorporated Area pursuant to RCW 35A.03.005 and RCW 35.02.160. Page 7 of 16 13. Required Notices to WUTC. The City shall be responsible for submitting any and all notices to the WUTC of its decision to contract for solid waste collection or provide solid waste collection itself within the Incorporated Territory pursuant to RCW 81.77.020. As required by WAC 480-70-141(3), WMW shall be responsible for notifying the WUTC that WMW and the City have entered into this Agreement, including submission of this executed Agreement to the WUTC. 14. Cooperation in Execution of Documents. The Parties agree to cooperate in preparing, executing, and delivering any and all additional documents that may be necessary to render this Agreement legally and practically effective, provided, however, that this provision shall not require the execution of any document that expands, alters or in any way changes the terms of this Agreement. 15. Force Majeure. If either Party is prevented from or delayed in performing its duties under this Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, fires, typhoons, hurricanes, severe weather, floods, volcanic eruptions, pandemics, quarantines, war, civil disturbances, acts of terrorism, acts of God, or threats of such circumstances ("Force Majeure"), then the affected Party shall be excused from performance hereunder during the period of such disability. The Party claiming Force Majeure shall promptly notify the other Party when it learns of the existence of a Force Majeure condition and when the Force Majeure condition has terminated. Notwithstanding anything in this Agreement to the contrary, the term "Force Majeure" does not include and a Party shall not be excused from performance under this Agreement for events relating to increased costs, including, without limitation, increased costs of fuel, labor, insurance or other expenses of performing the Collection Services hereunder. Further, the term "Force Majeure" does not include labor disputes, which shall be handled in accordance with the same terms and procedures set forth in WMW's Certificate No. G-237 and any applicable provisions of Chapter 480-70 WAC. 16. Successors and Assigns. Neither Party shall assign this Agreement without the prior written consent of the other Party, except that WMW may assign this Agreement to any subsidiary, parent or affiliated company without the other Party's consent. If this Agreement is assigned as provided above, it shall be binding on and shall inure to the benefit of the Parties hereto and their respective successors and assigns. 17. Insurance. WMW shall maintain throughout the term of this Contract the following types of coverage with limits that are required by appropriate regulatory agencies or the following, whichever are greater: 17.1. Minimum Scope of Insurance. WMW shall obtain insurance of the types described below: (a) Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. (b) Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, Page 8of16 operations, independent contractors, personal injury and advertising injury. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under WMW's commercial general liability insurance policy with respect to the work performed for City. (c) Pollution legal liability covering sudden, nonsudden and accidental occurrences at facilities owned or operated by Contractor; written on a claims made basis (d) Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. (e) Commercial Umbrella Liability Insurance. `Phis Umbrella Liability Insurance shall apply above, and bc at least as broad in coverage scope, as the Contractor's Commercial General Liability and Automobile Liability Insurance. 17.2. Minimum Amounts of Insurance. WMW shall maintain the following insurance limits: (a) Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. (b) Commercial general liability insurance shall bc written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products -completed operations aggregate limit. (c) Pollution Legal Liability, $I0,000,000 each incident. (d) Employer's Liability, $1,000,000 per occurrence. (e) Commercial Umbrella Liability Insurance with limits of $5,000,000 each occurrence. 17.3. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers' compensation: (a) WM W's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of WMW's insurance and shall not contribute with it. (b) Such coverage and policies shall not be cancelled without providing City thirty (30) days advance written notice. (c) City shall bc named as an additional insured. 17.4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not Tess than A:VII. Page9ofl6 17.5. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, WMW shall furnish acceptable insurance certificates to City at the time WMW returns the signed Agreement and, during the remaining terns of this Agreement, within a reasonable time after a request for such certificates by the City. The certificate shall specify all of the parties who arc additional insureds, and will include applicable policy endorsements. Insuring companies or entities are subject to City acceptance. WMW shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self-insurance. 18. Indemnification. WMW shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the Collection Services provided by WMW, WMW's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. 18.1. WMW's duty to defend, indemnify and hold harmless City shall not apply to liability for damages caused by or resulting from the sole negligence of City or City's agents or employees. 18.2. WMW's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents or employees, and (b) WMW, WMW's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of WMW, WMW's agents, subcontractors, subconsultants and employees. 18.3. WMW's duty to defend, indemnify and hold City harmless shalt include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. 18.4. WMW specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be litnited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that WMW's waiver of immunity by the provisions of this paragraph extends only to claims against WMW by City, and does not include, or extend to, any claims by WMW's etnployees directly against WMW. 18.5. WMW hereby certifies that this indemnification provision was mutually negotiated. 19. Notice. Any notice required or permitted hereunder shall be in writing (including, without limitation, by facsimile transmission) and sent to the address shown below: Page 10 of 16 If to Waste Management of WMW: Washington, Inc. 720 Fourth Avenue, Suite 400 Kirkland, WA 98033-8136 Director of Public Sector Attention: Services If to City: City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Attention: City Clerk 20. Alternative Dispute Resolution/Legal Fees. Any dispute, controversy or claim arising out of or relating to this Agreement, including any question regarding breach, termination or invalidity thereof shall be resolved by arbitration (unless both Parties agree to mediation) in Spokane, Washington or such other location as agreed to by the Parties, and in accordance with the American Arbitration Association or Judicial Dispute Resolution rules which are deemed to be incorporated by reference in this clause. The maximum number of arbitrators shall he one in any claim, suit, action or other proceeding relating in any way to this Agreement or any claims arising out of this Agreement, except as otherwise agreed to by the Parties. Other than mediation costs, in the event any arbitration or legal action is taken by either Party against the other to enforce any of the terms and conditions of this Agreement, it is agreed that the unsuccessful Party to such action shall pay to the prevailing Party therein all court and/or arbitration costs, reasonable attorney's fees and expenses incurred by the prevailing Party. 21. Entire Agreement, Amendment, This Agreement constitutes the entire agreement among the Parties concerning the subject matter hereof and supersedes all previous correspondence, communications, agreements and understandings, whether oral or written among the Parties. This Agreement may not be modified, in whole or in part, except upon unanimous approval of the Parties and by a writing signed by all the Parties. 22. Advice of Counsel. This Agreement was negotiated at arms -length with each Party receiving advice from independent legal counsel. 23. No Third Party Beneficiaries. This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claim hereunder or be entitled to any benefits under or on account of this Agreement, whether as a third party beneficiary or otherwise. 24. Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this Agreement and this Agreement shall be construed as if the invalid illegal, or unenforceable provision had never been contained in it. 25. Governing Law. This Agreement, and all amendments or supplements thereto, shall be governed by and construed in accordance with the laws of the State of Washington. 26. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Page 11 of 16 IN WITNESS WHEREOF, the Parties enter into this Agreement. Bach person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behal it is indicated that the person is signing. CITY OF SPOKANE VALLEY By: Name: Michael Jackson Title: City Manager Date: ATTEST - By: Name: Christine Bainbridge Title: City Clerk APPROVED AS T() FORM: By: Name: Title: Office of the City Attorney Attachments: Exhibit A Exhibit B — Exhibit C — Exhibit D WASTE MANAGEMENT OF WASHINGTON, INC. By: Name: Jason S. Rose Title: Vice President Date: APPROVED AS TO FORM: By: Name: Andrew M. Kenefick Title: Senior Legal Counsel — Map of the City of Spokane Valley, WA Rates List of Recyclable Materials — Tariff No. 17 (31d Revisions dated June 11, 2014) Page 12of16 Exhibit A — Map of the City of Spokane Valley, WA r Buckeye Ave 1 - Bn City of Mi11wood��" Knox Ave WdeUesiey Ave 1 Mirabeau,c, QfMansfield Ave `fiery Indiana Ave kGiry Ave tk 0 u_ Marietta c Ce o c P .4C _1:3 0 Apply Blvd cct Bow` disli Rd Mission Ave Lob Sprague ve Fourth Ave Valleyway Ave eve City of Liberty Lake 24th Ave m C Eighth Ave a1 to ' seth Ave !f] 32nd Ave 0 ce E spokane Walley. City 0 Spokane Valley a:5 2 Miles Exhibit B — Rates Residential: 32 GAL CAN M5W 1X MO 35 GAL CART MSW 1X MO 1-20 GAL MINI CAN MSW 1-32 GAL CAN MSW 2-32 GAL CAN5 MSW 3-32 GAL CAN5 MSW 4-32 GAL CANS MSW 5-32 GAL CANS MSW 6-32 GAL CANS MSW 20 GAL CART MSW 1-35 GAL CART MSW 1-64 GAL CART MSW 1-96 GAL CART MSW Extras Commercial: 1-32 GAL CAN M5W 35 GAL CART MSW 1X WK 1-64 GAL CART MSW 1-96 GAL CART MSW 1-1 YD 1X PER WEEK 1-1.5 YD 1X PER WEEK 1-2 YD 1X PER WEEK 1-3 YD 1X PER WEEK 1-4 YD 1X PER WEEK 1-6 YD 1X PER WEEK 1-8 YD 1X PER WEEK 2 YD COMPACTOR 1X WK 3 YD COMPACTOR 1X WK 4 YD COMPACTOR 1X WK 5 YD COMPACTOR 1X WK 6 YD COMPACTOR 1X WK EXHIBIT B City of Spokane Valley Service Rates lbs./ Can/Yard 28.37 31.03 11.82 18.92 18.92 18.92 18.92 18.92 18.92 11.82 20.69 37.83 56.75 Monthly Rate Diosal Service Total $ 1.34 $ 5.18 $ 6,52 $ 1.47 $ 6.15 $ 7.62 $ 2.43 $ 7.56 $ 9.99 $ 3.89 $ 9.03 $ 12.92 $ 7,76 $ 12.30 $ 20.06 $ 11.65 $ 15.53 $ 27.18 $ 15.53 $ 18.78 $ 34.31 $ 19.41 $ 22.03 $ 41.44 $ 23.30 $ 25.26 $ 48.56 $ 2.43 $ 8.49 $ 10,92 $ 4.25 $ 9.70 $ 13.95 $ 7.76 $ 13.27 $ 21.03 $ 11.65 $ 16.48 $ 28.13 18.92 $ 0.90 $ 2.65 $ 3.55 lbs./ Monthly Rate Can/Yard Disposal Service Total 15.83 $ 3.26 $ 11.34 17.31 $ 3.53 $ 12.83 31.66 $ 6.51 $ 22.19 47.49 $ 9.74 $ 31.36 99.92 $ 20.53 $ 49.62 149.88 $ 30.77 $ 67.45 199.84 $ 41.02 $ 81.01 299.76 $ 61.55 $ 105.38 399.68 $ 82.04 $ 119.62 599,52 $ 123.06 $ 149.74 799.36 $ 164.08 $ 163.76 599.52 $ 123.06 $ 205.79 899.28 $ 184.61 $ 292.06 1,199.04 $ 246.12 $ 370,41 1,498.80 $ 307.68 $ 439.18 1,798.56 $ 369.23 $ 527.10 Page 1 of 2 14.60 16.36 28.70 41,10 70.15 98.22 122,03 166.93 201.66 272.80 327.84 328.85 476.67 616.53 746.86 896.33 EXHIBIT B City of Spokane Valley Service Rates Commercial Extra Lift (On Service Day): 32 GAL CAN MSW 35 GAL CART MSW 64 GAL CART MSW 96 GAL CART MSW 1 YARD CONTAINER MSW 1.5 YARD CONTAINER MSW 2 YARD CONTAINER MSW 3 YARD CONTAINER M5W 4 YARD CONTAINER MSW 6 YARD CONTAINER MSW 8 YARD CONTAINER M5W 2 YD COMPACTOR MSW 3 YD COMPACTOR MSW 4 YD COMPACTOR MSW Commercial Special Pickups (Off Service Day): 32 GAL CAN MSW 35 GAL CART MSW 64 GAL CART MSW 96 GAL CART MSW 1 YARD CONTAINER MSW 1.5 YARD CONTAINER MSW 2 YARD CONTAINER MSW 3 YARD CONTAINER MSW 4 YARD CONTAINER M5W 6 YARD CONTAINER MSW 8 YARD CONTAINER M5W 2 YD COMPACTOR MSW 3 YD COMPACTOR MSW 4 YD COMPACTOR MSW 5 YD COMPACTOR MSW 6 YD COMPACTOR MSW Yardage (per yard) Per Pickup Disposal Service Total $ 0.75 $ 2.66 $ 3.41 $ 0.81 $ 2.78 $ 3.59 $ 1.50 $ 4.91 $ 6.41 $ 2,25 $ 7.00 $ 9.25 $ 4.74 $ 10.02 $ 14,76 $ 7.10 $ 14.03 $ 21.13 $ 9.47 $ 16.88 $ 26.35 $ 14.20 $ 22.11 $ 36.31 $ 18.93 $ 25.15 $ 44.08 $ 28.40 $ 31.28 $ 59.68 $ 37.86 $ 33.64 $ 71.50 $ 28.40 $ 47,45 $ 75.85 $ 42.60 $ 66.94 $ 109.54 $ 56.80 $ 84.70 $ 141.50 $ 0.75 $ 5.66 $ 6.41 $ 0.81 $ 5.78 $ 6.59 $ 1.50 $ 7.91 $ 9.41 $ 2.25 $ 10.00 $ 12.25 $ 4.74 $ 13.02 $ 17.76 $ 7.10 $ 17.03 $ 24.13 $ 9.47 $ 19.88 $ 29.35 $ 14.20 $ 25.11 $ 39.31 $ 18.93 $ 28.15 $ 47.08 $ 28.40 $ 34.28 $ 62.68 $ 37.86 $ 36.64 $ 74.50 $ 28,40 $ 50.45 $ 78.85 $ 42.60 $ 69,94 $ 112.54 $ 56.80 $ 87.70 $ 144.50 $ 71.01 $ 104,35 $ 175.36 $ 85.21 $ 124.64 $ 209.85 $ 4.73 $ 9.99 $ 14.72 Temporary Rates (per occurance): Disposal Service Total 1 1 YD IX PER WEEK $ 4.74 $ 23.02 $ 27.76 1-1.5 YD 1X PER WEEK $ 7.10 $ 27.03 $ 34.13 1-2 YD 1X PER WEEK $ 9.47 $ 29.88 $ 39.35 1-3 YD 1X PER WEEK $ 14.20 $ 35.11 $ 49.31 1-4 YD 1X PER WEEK $ 18.93 $ 38.15 $ 57.08 1-6 YD 1X PER WEEK $ 28.40 $ 44.28 $ 72.68 1-8 YD 1X PER WEEK $ 37.87 $ 46.64 $ 84.51 Page 2 of 2 Exhibit C — List of Recyclable Materials RECYCLABLE MATERIALS shall be loose, riot bagged, and includes the following: Aluminum food and beverage containers - empty Glass food and beverage containers — brown, clear, or green - empty Ferrous (Iron) cans — empty PLT plastic containers with the symbol #1 — with screw tops only - empty HDPE natural plastic containers with the symbol #2 (milk and water bottles) —empty HDPE pigmented plastic containers with the symbol #2 (detergent, shampoo bottles, etc.) - empty Plastics with symbols 43, #4, 115, #6, #7 — empty Newsprint Ohl corrugated containers Magazines, glossy inserts and pamphlets Cereal boxes; detergent, gift and snack boxes Catalogs Telephone books Printer paper Copier paper Mail All other office paper without wax liners Recyclable Materials may be added or deleted upon mutual consent of the Parties. RECYCLABLE MATERIALS do not include the following: Ragged materials (even if containing Recyclable Materials) Microwave trays M irrors Window or auto glass Light Bulbs Ceramics Porcelain Plastics unnumbered Plastic bags Coat hangers Glass cookware/bakeware Household items such as cooking pots, toasters, etc. Flexible packaging and multi -laminated materials Wet fiber Excluded Materials Fiber containing, or that has been in contact with, food debris Any recyclable materials, or pieces of recyclable materials, less than 2" in size in any dimension Materials: (a) that contain chemical or other properties deleterious, or capable of causing material damage, to any part of Company's property, its personnel or the public; and/or (b) that may materially impair the strength or the durability of the Company's structures or equipment. EXFIIBIT D Copy of Tariff No. 17 (3rd Revisions dated June 11, 2014) RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Original Title Page Tariff No. 17 Cancels Tariff No. 16 of Waste Management of Washington. Inc. (Name of Solid Waste Collection Company) Waste Management of Spokane. Valley Garbage Service Co. (Registered trade name of Solid Waste Collection Company) Certificate Number G- 237 NAMING RATES FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, AND IF NOTED, RECYCLING AND YAROWASTE TN THE FOLLOWING DESCRIBED TERRITORY: As described in Appendix A (NOTE: If this tariff applies in only a portion of a company's certificate authority, a map accurately depicting the area in which the tariff applies must be attached to the tariff) Name of person issuing tariff: Michael A. Weinstein Mailing address of issuing agent: 720 4th Avenue, Suite 400 City, State Zip Code: Kirkland, Washington, 98033 Telephone number, including area code: (425) 814-7840 FAX number, if any: (425) 814-7866 E-mail address, if any: mweinstein(awm.cpm Official UTC requests for information regarding consumer questions and/or complaints should he referred to the following company representative: Name: Michael Weinstein Title: Senior Pricing Manager Phone: ( 425) 814-7840 E -Mail: mweinsteinr(�,wm.com Fax: (425)814-7866 Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January I8, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FUK UFt • /CAL USE ONLY Docket No.: TG -130082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JUNE 11, 2014 WA. UT. & TRANS COMM. ORIGINAL TG -141269 Tariff No. 17 3rd Revised Page No. 2 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. CHECK SHEET All pages contained in this tariff are listed below in consecutive order. The pages in the tariff and/or any supplements to the tariff listed on this page have issue dates that are the same as, or are before, the issue date of this page. "O" in the revision column indicates an original page. Page Number Current Revision Pagc Number Current Revision Page Number Current Revision Title Page 0 21 3rd Check shccif2 3rd 22 1st Item Index/3 0 23 1st Subject Index/4 0 24 0 Subject Index/5 0 25 2nd Taxes Sheet./6 0 26 0 7 0 -)7 1st 8 0 28 0 9 0 29 0 10 0 30 0 11 0 31 0 12 0 32 2nd 13 0 33 1st 14 1st 34 1st 15 0 35 1st 16 0 36 0 17 0 37 0 18 0 38 0 19 0 20 0 Supplements in Effect Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: June 11, 2014 Effective date: August 1, 2014 (For Official Use Onty) Docket No. TG- Date: FOR OFFICIAL USE ONLY Docket: TG-141269BAgenc a a e: u y - , 014 Effective Date: August .1, 2014 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 3 Index of Items in This Tariff — see next page for list by topic Item 5 — Taxes Item 10 Application of Rates — General Item 15 — Holiday Pickup Item 16 — Change in Pickup Schedule Item 17 Refunds Item 18 — Billing, Advance Billing, Payment Delinquency Dates, Late Charges Item 20 — Definitions Item 30 — Limitation of Service Item 40 Material Requiring Special Equipment, Precautions, or Disposal Item 45 — Material Requiring Special Testing and/or Analysis Item 50 -- Returned Check Charges Item 52 — Re -delivery Charges Item 55 — Over -sized or Over -weight Units Item 60 — Overtime Item 70 —Return Trips Item 75 — Flat Monthly Charges Item 80 — Carryout Service, Drive -Ins Item 90 -- Can Carriage, Overhead Obstructions, Sunken or elevated cans%units Item 100 — Can/Unit Service, Residential — Residential Curbside Recycling — Residential Yardwastc service Item 105 — Multi- family rates Item 120 — Drums Item 130 —Litter Receptacles Item 150 — Loose andror Bulky Material Item 160 — Time Rates Item 200 - Application of Container and/or Drop Box Rates — General Item 205 -- Roll -Out Charges — Containers, Automated Carts, and Toters Item 207 — Excess Weight -- Rejection of Load, Charges to Transport Item 210 — Washing and Sanitizing Containers and Drop Boxes Item 220 — Compactor Rental Item 230 — Disposal Fees Item 240 — Container Service — Non -compacted — Company-owned container Item 245 — Container Service — Non -compacted — Customer -owned container Item 250 -- Container Service — Compacted .- Company-owned container Item 255 — Container Service — Compacted — Customer -owned container Item 260 — Drop Box Service —Non -Compacted — Company-owned drop box Item 275 — Drop Box Service — Compacted -- Customer -owned drop box Item 300 -- List of Abbreviations and Symbols Used in Tariff Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket Ivo,: L LT -1,5U082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff N o. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Qrigina1 Page No. 4 Index by tonic Item. No. Abbreviations used in tariff 300 Advance billing 18 Animals 30 Billing periods authorized 18 Carryout service 80 Commercial can service 245 Compactor rental 220 Container service, non -compacted, company-owned 240 Container service, non -compacted, customer -owned 245 Containers and/or drop boxes, availability 200 Containers and/or drop boxes, general rules 200 Containers and/or drop boxes, washing and sanitizing 210 Credit due the customer 17 Damage to customer property 30 Definitions 20 Delinquency dates 18 Disposal fees 230 Drive-in service 90 Drop -box service, compacted, customer -owned 275 Drop -box service, non -compacted, company-owned .. 260 Excess weight, rejection of load, charges to transport 207 Flat monthly charges 75 Holidays observed 60 Late charges 50 Limitations of service 30 Litter receptacles 130 Loose and/or bulky material 150 Material requiring special disposal 40 Material requiring special equipment 40 Material requiring special precautions 40 Material requiring special testing/analysis 45 Continued on next page Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Docket No. TG - Effective date: March 5, 2013 (For Official Use Only) Date: By: FOR OFFICIAL USE ONLY Locket 2Po.: l c,-t.su082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 5 Index by topic, continued Item No, Missed pickups, weather or road conditions 30 Multi -family rates 105 Multi -family residential recycling for garbage customers using drop box service 105 Multi -family residential yard waste collection 105 NSF checks 50 Overhead obstructions 90 Over -sized Units 55 Overtime 60 Over -weight units 55 Refund of overcharges 17 Refund ofprep ayments 17 Refunds 17 Refusal to make pickup 30 Residential recycling 100 Residential service 100 Residential yardwaste 100 Re -delivery charges 52 Returned check charges 50 Return trips 70 Roll-out charges 205 Stairs or steps 90 Sunken or elevated cans/units 90 Symbols used in tariff 300 Taxes 5 Time rates 160 Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Docket No. TG - Effective date: March 5, 2013 (For Official Use Only) Date: By: FOR OFFICIAL USE ONLY Docket .No.: i tr• 1 iu0S2 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Irrc./G-237 Registered: Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 6 Item 5 Application of Rates — Taxes In addition to the rates shown in the remainder of the tariff, the following taxes apply: Entity imposinu, tax: Ordinance number: Amount of tax: Application (Commodities and territory) City of Spokane C-34025 25.00% Utility lax on all services within the City City of Liberty Lake 188-A 3.09% Utility tax on all services within the City il Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TO- Date: By: FOR OFFICIAL USE ONLY car e 82 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 TariffNo. 17 Company Name/Permit Number: Waste Management of Washington, Inc, G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 7 Item 10 — Application of Rates —_General Rates named in this tariff cover the collection, transportation, and disposal of solid waste. When specifically referred to, rates also cover the collection and transportation of recyclable materials and/or yardwaste. Title 81.77 of the Revised Code of Washington (RCW) and Chapter 480-70 of the Washington Administrative Code (WAC) govern operations of solid waste collection companies and the tariffs companies must file with the Washington Utilities and Transportation Commission (WUTC). Unless exceptions are shown, all materials must be placed on the same level as the streets or alleys. The company may charge additional amounts for disposal fees only when specifically stated in the tariff and separately shown on customer bills. Item 15 — Holiday Pickup — Regularly Scheduled Service. When a pickup is missed due to the company's observance of a holiday, the company will provide service, at no additional cost to the customer, on an alternate day. A list of the holidays the company observes is shown in Item 60. For application of rates in this tariff, the company defines alternate day to mean the following: Pick-up days are Monday through Friday including all holidays except Thanksgiving day, Christmas day. and New Year's day. If the pick-up day falls on or after any of those three holidays, the alternate day will be one day late that week, for the balance of the week through Saturday. Item 16 — Change in Pickup Schedule When a company changes the pick-up date for its certificate area, or a portion of its certificate area, the company must notify all customers in the affected area of that change. Notice must be made at least seven days before implementation of the new pickup schedule and may be made via mail, personal contact, or by a notice being affixed to the customer's solid waste receptacle. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Docket No. TG - Effective date: March 5, 2013 (For Official Use Only) Date: By: FOR OFFICIAL USE ONLY oc e o.: 82 Agenda Date. April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No, 17 Company Namc/Perrnit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 8 Item 17 ^ Refunds Credit due the customer. When there has been a transaction that results in a credit duc the customer, the following apply: A. If the amount due is five dollars or less, an adjustment will be made to the customer's account. The adjustment must be shown on the next regular bill. B. If the amount due is more than five dollars, the customer may accept an account adjustment or may request a refund. a. If the customer elects to have an account adjustment made, the adjustment must show on the next regular billing. b. If the customer elects to receive a refund, the company must issue a check within thirty days of the request. Overcharges. Once a company becomes aware that it has overcharged a customer, it must provide a refund or an account adjustment credit to the customer. The customer must be given a choice as to which option is preferred. The refund or credit must be the amount overcharged in the three years before the date of discover c. If the customer elects to have an account adjustment made, the adjustment must show on the next regular billing. d. If the customer elects to receive a refund, the company must issue a check within thirty days of the request. Prepayments. If a customer has paid service fees in advance, service is discontinued during the pre -billed period, and the customer is due a refund, the following apply: A. A company must honor all requests for refunds of the unused portion of prepayments. B. If the customer provides a forwarding address to the company or one can be obtained from the Post Office, the company must issue a refund check no more than thirty days following the customer's request. C. If the customer cannot be Located or did not provide a forwarding address and the U.S. Post Office cannot furnish a forwarding address, the amount may be presumed to be abandoned and is subject to the Uniform Unclaimed Property Act after one year. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket No.: t (f -13V082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL. TG X30082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 9 Item 18 — Billing, Advance Billing, and Payment Delinquency Dates Billing period. A company may bill its customers for one, two, or three months of service. Advance billing and payment delinquency dates. The following chart defines the maximum period allowed for advance billing and the date when a bill may be considered delinquent: Billing period Maximum advance billing period allowed Delinquency date One month's service (monthly) No advance billing allowed May not be less than twenty-one days after the date the bill is mailed Two months' service One months' advanced billing allowed May not be until the last day of the second month Three months' service Two months' advance billing allowed May not be until the fast day of the third month The billing period chosen by the company operating under this tariff for residential solid waste accounts is: Three months' service. Late charges. Customers with past due accounts after the delinquency dates specified in the chart above will be charged a late fee of 1 °a per month on outstanding balances. The minimum charge per month is 51.00. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY [oder Pio.: 1 G-I3t7U32 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM, ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 10 Item 20 — Definitions NOTE: The definitions shown on the first three pages of this iters are standard, in most cases prescribed by rule. Companies may not amend these definitions. Companies wishing to add definitions specific to their company's operations nest include those definitions on a separate page, entitled, "Conrpnny-specific definitions." A blank. sheet is provided_for that purpose. Bale: Material compressed by machine and securely tarped or banded. Bulky Materials: Empty carriers, cartons, boxes, crates, etc., or materials offered for disposal, all of which may be readily handled without shoveling. Charge: Commercial Billing: Compacted Material: A set flat fee for performing a service. Or, the result of multiplying a rate for a unit tunes the number of units transported. Service billed to a commercial customer or billed to, and paid for, by a property manager or owner rather than a residential tenant, Material that has been compressed by any mechanical device either before or after it is placed in the receptacle handled by the company. Compactor Disconnect' Reconnect Charge: A flat fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped, and then reconnecting the compactor when the drop box or container is returned to the customer's site. Gate charge: A flat fee charged for opening, unlocking, or closing gates in order to pick up solid waste. Loose material: Material not set out in bags or containers, including materials that must be shoveled. Multi -family residence: Any structure housing two or more dwelling units. Packer: A device or vehicle specially designed to pack loose materials. Pass through fee: A fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacifc Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: $y. FOR OFFICIAL USE ONLY Docket No.: I (1-i.iu082 Agenda Date. April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM, ORIGINAL TG -230082 TarifNo. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co, Original Page No. 11 Item 20 - Definitions, continued Permanent service: Container and drop -box service provided at the customer's request for more than ninety days. Rate: A price per unit or per service. A rate is multiplied times the number of units transported or the number of times a service is performed to determine a charge, Solid waste receptacle: includes the following items, with the following meanings: Automated cart means a cart designed to be picked up and emptied by mechanical means. The specific type and size are to be defined in rate items. Can means a receptacle made of durable, corrosion -resistant, nonabsorbent material that is watertight, and has a close -fitting cover and two handles. A can holds more than twenty gallons, but not more than thirty-two gallons. A can may not weigh more than 65 pounds when filled. Cart means a wheeled plastic container. A cart may also be referred to as a toter. If supplied by a customer, a cart must be compatible with the company's equipment. The size and type of cart that is compatible will be established in each company's tariff. Container means a detachable receptacle (normally designed to hold at least a cubic yard of solid waste) from which materials are collected by mechanically lifting the receptacle and emptying the contents into the company's vehicle. Drop box means a detachable receptacle used to provide solid waste collection service by the receptacle being placed on the company's vehicle by mechanical means and transported to a disposal site. Drum means a metal or plastic container of approximately fifty -gallon capacity, generally used for oils or solvents. A drum may not weigh more than when filled. Litter receptacle means a container not over sixty -gallon capacity, generally placed in shopping centers and along streets or highways for litter. A litter receptacle may not weigh more than 65 pounds when filled. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Na.mefPerrnit Number: Waste Management of Washington, Inc.IG-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co.. Original Page No. 12 item 20 -- Definitions, continued Miero-mini can means a can made of durable, corrosion -resistant, nonabsorbent material that is watertight and has a close -fitting cover. A micro -mini can may not hold more than ten gallons. A micro -mini can may not weigh more than 20 pounds when filled. Mini -can means a can made of durable, corrosion resistant, nonabsorbent material that is watertight and has a close -.fitting cover, A mini -can may not hold more than twenty gallons. A mini -can may not weight more than 35 pounds when filled. Recycling bin or container means a bin or container designed or designated for the collection of recyclables. The size and type of recycling bin or container will be established in each company's tariff. Toter means a wheeled plastic container. A toter may also be referred to as a cart. If supplied by customer, a toter must be compatible with the company's equipment. The size and type of toter that is compatible will be established in each company's tariff. Unit means a receptacle made of durable, corrosion -resistant, nonabsorbent material, that is watertight, and has a close -fitting cover and two handles. A unit holds more than twenty gallons, but not more than thirty-two gallons or four cubic feet. A unit may not weigh more than 65 pounds when filled. Where agreed on between the company and the customer, and where allowable under local ordinance, a box, carton, cardboard barrel or other suitable container may be substituted for a solid waste can, for a single pick-up that includes removal of the container, if it meets the size and weight limits established in the company's tariff. Yardwaste bin or container means a bin or container specifically designed or designated for the collection of yardwaste. Each company's tariff will refer to a specific type of yardwaste bin or container to be used by customers in a service area. The type, size, weight, etc., of this type of bin or container will often be set by local government plans or ordinances. Special'On call pick-up: A pick-up requested by the customer at a time other than the regularly scheduled pick-up time or that requires the special dispatch of a truck. If a special dispatch is required, the company will assess time rates established in the company's tariff. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013. (For Oficial Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY ac e ' a. - 82 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No, 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 13 Supplement: Item 20 — Definitions, continues! A page added to the beginning of a tariff, normally to cover emergency, temporary, or special situations. An example is a page issued to show a special surcharge imposed by a city. Temporary service: Temporary service means providing container or drop -box service at the customer's request, for a period of ninety days or less. Unlatching: Another term for a gate charge. A flat fee unposed by a solid waste collection company when the company's personnel must unlatch a gate or door to perform pickup service. Unlocking: A flat fee imposed by a solid waste collection company when the company's personnel must unlock padlocks or other locking devices to perform pickup services. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY !.locket P10.: 1(-13U082 Agenda Date: April 25, 2013 Effective Date: t'1ay 1, 2013 RECEIVED SEP. 13, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -131734 Tariff No. 17 1st Revised Page No. 14 Company NamefPermit Number: Waste Management of Washington. lnc.'G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Item 30 — Limitations of Service 1. Schedules. A company's schedule will meet reasonable requirements and will comply with local service level ordinances. 2. Due care. Other than to offer reasonable care, the company assumes no responsibility for articles left on or near solid waste receptacles. 3. Liability for damage. When a customer requests that a company provide service and damage occurs to the customer's driveway due to reasons not in the control of the company, the company will assume no responsibility for the damage. 4. Refusal of service. (Except as set forth in Section 5, Missed service due to unsafe weather conditions road conditions, natural disaster or when government authority restricts access to local roads.) A solid waste collection company may refuse to: • Collect solid waste from points where it is hazardous, unsafe, or dangerous to persons, property, or equipment to operate vehicles due to the conditions of streets, alleys, or roads. • Drive into private property whcn, in the company's judgment, driveways or roads are improperly constructed or maintained, do not have adequate turn-arounds, or have other unsafe conditions; or • Enter private property to pick up solid waste while an animal considered or feared to be dangerous is not confined. The customer will be required to confine the animal on service days. 5. Missed service due to unsafe weather conditions, road conditions, natural disaster or when government authority restricts access to local roads. A company is not required to collect solid waste when the company determines that it is unsafe to operate due to weather conditions, road conditions, natural disaster, or when government authority restricts access to local roads. The company will collect on the next scheduled service date on which the company deems it is safe to operate, and will take other reasonable actions to resume or provide alternative service as soon as reasonably practicable. a. The company is not obligated to extend credit to customers for missed service if the company collects thc customers' accumulated solid waste on the next scheduled service date on which the company deems it to be safe to operate. The company will not charge for extra waste set out (except provided in Item 207, if applicable) in addition to customers' normal receptacle(s), ifthe amount of extra waste dues not exceed the amount that reasonably would be expected to accumulate due to missed service. b. If the company docs not collect a customer's accumulated solid waste on the next scheduled service date on which the company determines it is safe to operate, thc company is required to give a credit, proportionate to the customer's monthly service charge, for all missed service(s). Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: September 13, 2013 Effective date: November 1, 2013 Docket No. TG - (For Official Use Only) Date: 1360R OFFICIAL USE ONLY Docker: TG -131734 Agenda Dare: October 30, 2013 Effective Date: November 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 15 Item 40 — Material Requiritm Special Equipment, Precautions, or Disposal. Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to time rates named in Item 160, or to other specific rates contained in this tariff. Companies must make every effort to be aware of the commodities that require special handling at the disposal sites naincd in the company's tariffs. The company shall maintain a list of those commodities and make it available for public inspection at the company's office. Companies must make every effort to be aware of the commodities that are not accepted at the disposal sites named in the company's tariffs, and provide the public with access to such lists, as published and updated by disposal sites. Additionally, companies must maintain a list of any specific commodities which are considered hazardous, unsafe, or pose a danger to persons, property, or equipment. Item 45 - Material Requiring Special Testing and/or Analysis When a solid waste collection company or disposal facility determines that testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present, the actual cost for such testing and 'or analysis will be paid by the customer. The company must provide the customer with a copy of any bill or invoice for costs incurred for testing and/or analysis and also must retain a copy in the company's file for at least three years. Those costs shall be passed through to the customer without markup. The company must maintain records of time spent to accomplish the special testing andor analysis, and may bill the customer for that time under the provisions of Item 160 (Time Rates). Item 50 — Returned Check Charges Returned check charge. If a customer pays with a check, and the customer's bank refuses to honor that check, the customer will be assessed a returned check charge in the amount of $ 25.00. Item 52 — Re -delivery Charges A re -delivery fee of $17.00 (A) will be assessed to cart customers whose service is discontinued for non- payment or cart customers who request re -delivery for services previously cancelled. Please see Item 100. A pickup and re -delivery fee of $ 28.30 (A) will be assessed to custotners who request that their container or Drop Box be washed, steam cleaned and sanitized. Please see Item 210. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket ivo.; I - I tli)S2 Agenda Date: April 25, 2013 Effective Date: I4ay 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 16 [tem 55 — Over -sized or Over -weight Cans or Units The company reserves the right to reject pickup of any residential receptacle (can, unit, bag, mini -can, or micro mini -can) which, upon reasonable inspection exceeds the size and weight limits shown in Item 20. (a) If the receptacle exceeds the size and/or limits stated in Item 20, is overfilled, or the top is unable to be closed, but the company transports the materials, the following additional charges will apply: $ 3.75 (A) per unit Note: For charges applying on overweight toters, carts, containers, or drop boxes see item 207. Item 60 — Overtime Periods Companies will assess additional charges when providing services, at customer request, during overtime periods. Overtime periods include Saturdays, Sundays, and the following holidays: New Year's Day Labor Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Martin Luther King Day Time is to be recorded to the nearest increment of 15 minutes from the time the company's vehicle !eaves the terminal until the time it returns to the terminal. No additional charge will be assessed to customers for overtime or holiday work performed solely for the company's convenience. Charge per hour S 68.40] Minimum Charge $ 34.20 (A) Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 16, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By FOR OFFICIAL USE ONLY Docketo.: 82 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 17 item 70 — Return Trips When a company is required to make a return trip, that does not require the special dispatch of a truck, to pick up material that was unavailable for collection for reasons under the control of the customer, the following additional charges, per pickup, will apply. Can, unit, mini -can, or micro -mini can $ 8.40 (A) Cart $ 8.40 (Ai Litter Receptacle $ 8.40 (A) Drop Box $ 34.20(A) Container $ 13.40 (A) NOTE: Return trips requiring the special dispatch of a truck are considered special pickups and arc charged for under the provisions of Item 160 (Time Rates). Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket Ivo.: I Cr -1.117082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc. G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Ori _ inal Page No. 18 iltern 75 — Flat Monthlv Charges This rule applies in connection with Items 80, 90, 120, 130, 240, 245, 250, 255, 260, 265, 270, and 275. A flat monthly charge may be assessed if computed as follows: (a) If weekly service is provided: Multiply the rate times 4.33 and then multiply that figure times the number of units picked up. (b) If every other week service is provided: Multiply the rate times 2.17 and then multiply that figure times the number of units picked up. (c) For Items 240, 250, 260, and 270: For permanent, regularly scheduled pickups, a flat monthly charge may be assessed if computed as follows: a. For weekly service, each container provided: i. If monthly rent is shown: monthly rent plus (4.33 times pickup rate times number of pickups per week) ii. If monthly rent is not shown: Ist pickup ratc plus (3.33 tunes additional pickup rate) plus (4.33 times additional pickup rate times additional weekly pickups). b. For every -other week service, each container provided: i. If monthly rent is shown: monthly rent plus (2.17 times pickup rate times number of pickups per week) ii. if monthly rent is not shown: 1st pickup rate plus (1.17 tunes additional pickup rate) plus (2.17 tines additional pickup rate tunes additional weekly pickups). Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY 'oc ~e '0.. - + 82 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc.1G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 19 Item 80 Carry -out Service, Drive -Ins Companies will assess the following additional charges when customers request that company personnel provide carry -out service of cans/units not placed at the curb, the alley, or other point where the company's vehicle can be driven to within five feet of the cans'units using improved access roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Charge for Carry -outs Rate Residential Per Unit, Per Pickup Commercial Per Unit, Per Pickup Cans, units, mini -cans, or mucro -mini cans that must be carried out over 5 feet, but not over 25 feet $ 0.50 $ 0.50 For each additional 25 feet, or fraction of 25 feet, add $ 0.30 $ 0.30 NOTE:The company may elect to drive in at the rates shown above, except the charge will be limited to one can, unit, mini -cans or micro -mini can. If cans, units, mini -cans, or micro -mini cans are carried over 125 feet, but are safely accessible to the company's vehicle, the drive-in charges shown below must be assessed instead. Charge for Drive-ins (per pickup) Rate Residential Per Pickup Commercial Per Pickup Drive-ins on driveways of over 125 feet, but less. than 250 feet $ 1.70 $ 1.70 Drive-ins on driveways of over 250 feet, but less than 1/10 mile. $ 2.20 $ 2.20 For each 1!10 mile over 1/10 mile. $ 3.30 $ 3.30 Note: For the purpose of assessing drive-in fees, a driveway is defined as providing access to a single residence. If a driveway provides access to multiple residences or accounts, no drive-in fees will be assessed. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January I8, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY [)octcet No.. ic7T30082 Agenda Date: April 25, 2013 Effective Dare: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc_iG-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No, 20 Item 90 - Can Carriage — Special Services Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date; January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY ars .e u_: T 82 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 Rate Residential Per Unit, Per Pickup Commercial Per Unit, Pcr Pickup Stairs or steps — for each step up or down $ 0.07 $ 0.07 Overhead obstructions for each overhead obstruction less than 8 feet from the ground $ 0.23 $ 0.23 Sunken or elevated cans/units — for cans, units, mini -cans, or micro -mini cans fully or partially under ground or over 4 feet above ground, but not involving stairs or steps $ 0.23 $ 0.23 Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date; January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY ars .e u_: T 82 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JUNE 11, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG -141269 SUB 6/23/14 Tariff No. 17 3rd Revised Page No. 21 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Marne: Waste Management of Spokane, Valley Garbage Service Co. Item 100 - Residential Service -- Monthly Rates (Continued on next page) Rates in this item apply: (1) To solid waste collection, curbside recycling and yardwaste collection services for residential property. This includes single family dwellings, duplexes, apartments, mobile homes, condominiums, etc., where service is billed directly to the occupant of each residential unit; and or (2) When required by a local government service level ordinance solid waste collection, curbside recycling, and yardwaste service must be provided for single-family dwellings, duplexes, mobile homes, condominiums and apartment buildings of less than 5 residential units, where service is billed to the property owner or manager. Rates below apply in the fallowing service area: The garbage service rates apply to the service territory on the attached map designated as Appendices B & C. Pursuant to the Spokane County "Recycling Service Level Ordinance" as adopted and codified as Chapter 8.58 of the Spokane County Code, the area described on the attached map designated as Appendix D, is re(luired t0 receive rec 'clin service. Number of Units or Type of Container Frequency of Service Garbage Service Rate Recycle Service Rate (Note 4) 96 Gallon Yardwaste Service Rate (Notes 4, 5) 1 Can _ MG/EOWR $6.75 $7,16 510.71 Mita-Can(20 gallon) WG,'FOWR $10.35 $7.16 $10.71 1 Can WG/EOWR $13.39 $7.16 510,71 2 Cans WG/E0WR 520.78 57.16 510.71 3 Cans WG!EOWR $28.16 $7.16 $10.71 4 Cans WGITOWR $35.54 $7.16 $10.71 5 Cans WG EOWR 542.93 $7.16 $10.71 6 Cans WGIEUWR $50.31 $7.16 $10.71 1 20 gallon cart WGTOWR $11.31 $7.16 $10,71 1 35 gallon cart MGfEOWR 57.89 57.16 510.71 1 35 gallon cart - WG,TOWR 514.45 57.16 510.71 1 64 gallon cart _ WG/EOWR 521.79 $7.16 510.71 1 96 gallon cart WG!EOWR 529.14 57.16 510.71 Frequency of Service Codes: WO - Weekly Garbage; EOWG Every Other Week Garbage; MG Monthly Garbage; WR Weekly Recycling; EOWR. Every Other Week Recycling; MR Monthly Recycling List others used: Recycling rates shown above are subject to a recycling credit ./debit of <S2.38> (R) per month. Notes for this item are on page 23. Description/rules related to recycling program are shown on page 24. Description/rules related to yardwaste program are shown on page 24 Recycling <credit>/debit adjustments above on this page expire: July 31, 2015 (C) Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: June 11, 2014 Effective date: August 1, 2014 1 (For Oficial Use Only) Docket No. TG- Date: OR OFF/CTA L IISE ONLY Docket: TG -141269 gAgencla cr e: t 1-07 2014 Effective Date: August 1, 2014 RECEIVED OCT. 29, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -132015 SUB 11/25/13 Tariff No. 17 1st Revised Page No. 22 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Item 100 - Residential Service -- Monthly Rates (continued on trextpage) Rates in this item apply: (1) To solid waste collection, curbside recycling (where noted) and yardwaste collection services (where noted) for residential property. This includes single family dwellings, duplexes, apartments, mobile homes, condominiums, etc., where service is billed directly to the occupant of each residential unit; and/or (2) When required by a local government service level ordinance solid waste collection, curbside recycling, and yardwaste service must be provided for single-family dwellings, duplexes, mobile homes, condominiums and apartment buildings of less than 5 residential units, where service is billed to the properly owner or manager. Rates below apply in the fallowing service area: Rural Spokane County as described on the attached reap designated as Aouendix B & C. Number of Units or Type of Container Frequency of Service Garbage Service Rate 1 Can MG $6.75 (A) - Mini -Can WG $10.35 (,) 1 Can _ WG $13.39(A) $20.78 (A) 2 Cans WG 3 Cans WG $28.16 (A) 4 Cans WG $3.5.54 (A) 5 Cans WG $42.93 (A) 6 Cans WG $50.31 (A) 1 20 gallon cart WG $11,31 (A) 1 35 gallon cart MG $7.89 (A) 1 35 gallon cart WG $14.45 (A) 1 64 gallon cart WG $21.79 (A) 1 96 gallon cart WG $2.9.14 (A) Frequency of Service Codes: WG Weekly Garbage; EOWG Every Other Week Garbage; MG Monthly Garbage; WR Weekly Recycling; EOWR Every Other Week Recycling; MR Monthly Recycling List others used: Notes for this item are on page 23. Deseription/rules related to recycling program are shown on page n/a. Description/rules related to yardwaste program are shown on page nia. P01R OFFICIAL USE ONLY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket: TG -132015 Granting Tariff Revisions per Order 01 in Docket TG -132015 fry >rislallwIlltw > rliee('232013 (For Official Use Only) affective Date: January 1, 2014 Docket No. TG- Date: By: Issue date: October 29, 2013 RECEIVED OCT. 29, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -132015 SUB 11/25/13 Tariff No. 17 1st Revised Page No. 23 Company Name/Permit Number: Waste Management of Washington, Inc.iG-237 Registered Trade Narne: Waste Management of Spokane, Valley Garbage Service Co. Item 100 ` Residential Service— Monthly Rates (contiiinued) Note 1: Customers will be charged for service requested even if fewer units are picked up on a particular trip. No credit will be given for partially filled cans. No credit will be given if customer fails to set receptacles out for collection. Note 2: For service more frequently than weekly, multiply the above rates by the number of times per week service is required. Note 3: A re -delivery fee of 517.00 will be assessed to cart customers whose service is discontinued for non-payment or cart customers who request re -delivery. See also Item 52. Note 4: For those customers who do not receive garbage service, add SOSO to the rates on page s 21 and 23 for both recycling and yard waste services. Note 6: Regularly scheduled yard waste customers who request an additional 96 gallon cart will be assessed a monthly fee of $ 5.17 (A) for each additional cart requested. Note 7: The charge for an occasional extra receptacle as described below on a regular pickup is: Type of Service Type of receptacle Rate per receptacle, per pickup $ 3.68 (A) Garbage Collection 32 -gallon can or unit Yard Waste Collection 32 -gallon can or unit $ 2.93 (A) xoir 0414' CJAL USE ()ABLY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket: TG -132015 Granting Tariff Revisions per Order 01 in Docket TG -132015 Issue date: October 29, 2013 I of It k J wyt/ eR(1121 2013 (For Official Use Only) ect Fe -Date: ,Tear t eery 1, 2014 Docket No. TG- Date: By: RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No, 24 Item 100 — Residential Service — Monthly Rates (continued) The curbside collection of recyclable materials is provided to all customers in the following service area: Pursuant to the Spokane County "Recycling Service Level Ordinance" as adopted and codified as Chapter 8.58 of the Spokane County Code, the areas contained in Appendix A and as described on the attached map designated as Appendix D, is required to receive recycling service. The following is a description of the recycling program (type of containers, frequency, etc). The program is provided in accordance with the ordinances described above. The curbside collection of recyclable materials is provided on an every other week basis to all customers in the above service area. Each customer is provided with one 96 -gallon cart for the commingling of recyclable materials and directions and schedules specific to the recycling collection program. (C) Special rules related to recycling programs: Pick-up will be refused if cart andior bin contain trash, yard debris, or other non -acceptable contaminants. Customers may obtain a current listing of acceptable recyclables and non -acceptable items upon request. The following is a description of the Yard Waste program (type of containers, Frequency, etc). The program is provided in accordance with the ordinances described above. Yard waste service is a sign-up program that is provided on a weekly basis, except during the months of December, January and February when the service is provided on a monthly basis. Customers who sign up for this program will be provided with a 96 -gallon cart. If additional 96 -gallon carts are requested, an additional monthly fee will be charged for each cart requested (See Note 6 on page 23). Customers will be billed for service at the applicable rates year round. Special rules related to Yard Waste program: Yard waste cannot be in plastic bags. Pick-up will be refused if container contains any trash or other contaminants. Customers may obtain a current listing of acceptable yard debris upon request. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY '17677e7=71"&":73131182 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JUNE 11, 2014 WA. UT. & TRANS COMM. ORIGINAL TG -141269 Tariff No. 17 2nd Revised Page No. 25 Company Name/Permit Number: Waste Management of Washington, Inc./0-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Item 105 - Multi -family Residential Rates (company-owned garbage container) - per pick up Rates in this item ripply: (1) "Multi -Family Structures" as defined in Spokane County Resolution No. 920605 as follows! "Any structure housing fivc or more units or any premises used for residential purposes not included elsewhere." (2) The rates and charges contained in this item are to be added to those rates charged in Item Nos. 240, 245, 255, 260 and 275 of this tariff. Rates below apply in the following service area: Pursuant to the Spokane County "Recycling Service Level Ordinance" as adopted and codified as Chapter 8.58 of the Spokane County Code, the area contained in Appendix A and as described on the attached neap designated as Appendix D, is required to rec:eivc rec}•cling service. Note 1: Permanent Service: Service is defined as no Tess than scheduled, every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested, even if fewer containers arc serviced on a particular trip. No credit will be given for partially filled containers. Note 2; Permanent Service: If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is not shown, it is to be included in the rate for the first pickup. Note 3: Net Commodity Price Adjustment per Pickup will be a credit of <$0.26> (A) per yard. Customers whose service is less than one yard will receive a credit on a pro rata portion of a yard. , Customers who have garbage collection services reflected in Items 255 and 275 will receive a credit of S0.78> (A) per yard per pickup. Note 4: Customers who have garbage collection services reflected in Items 240, 245 and 260 will be charged for recycling services at the rate of$1.08 per yard per pickup. Customers who have garbage collection services reflected in Items 255 and 275 will be charged for recycling services at the rate of S3.24 per yard per pickup. Deseription/rules related to recycling program are shown on page 26. Recycling <credit>ldebit adjustments above an this page expire: July 31, 2015 (C) Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: June 11, 2014 (For Official Use Only) Docket No. TG- Date: Efecalliiiii ENG4L 1l ONLY Docket: 1(J-141269 gender Date: July 10, 2014 ecriv Dere l-Irgusr 17-2014 Size or'I•ypc of Container Service Type Permanent Service: Can 64 Gal Cart 96 Gal Cart 1 Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Monthly Rent, if applicable First Pickup `5 0.18 5 0.36 5 0.52 5 1.98 $ 1.80 5 2.16 $ 3.24 5 4.32 $ 6.48 $ 8.64 Each Additional Pickup 5 0.18 5 0.30 5 0.52 5 1.08 5 1.80 5 2.16 5 3.24 5 4.32 5 6.48 5 8.64 Special Pickups 5 0.18 5 0.36 5 0.52 5 1.08 5 1.80 5 2.16 5 3.24 5 4.32 5 6.48 5 8.64 Tcrmporary Service: Initial Delivery Charge Pickup Charge 5 0.18 5 0.36 5 0.52 5 1.08 5 1.80 5 2.16 $ 3.24 5 4.32 5 6.48 5 8.64 Net Commodity Price Adjustment per Pickup Sec Note 3 Sce Note 3 See Note 3 See Note 3 See Note 3 See Note 3 See Note 3 Sce Note 3 See Note 3 See Note 3 Note 1: Permanent Service: Service is defined as no Tess than scheduled, every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested, even if fewer containers arc serviced on a particular trip. No credit will be given for partially filled containers. Note 2; Permanent Service: If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is not shown, it is to be included in the rate for the first pickup. Note 3: Net Commodity Price Adjustment per Pickup will be a credit of <$0.26> (A) per yard. Customers whose service is less than one yard will receive a credit on a pro rata portion of a yard. , Customers who have garbage collection services reflected in Items 255 and 275 will receive a credit of S0.78> (A) per yard per pickup. Note 4: Customers who have garbage collection services reflected in Items 240, 245 and 260 will be charged for recycling services at the rate of$1.08 per yard per pickup. Customers who have garbage collection services reflected in Items 255 and 275 will be charged for recycling services at the rate of S3.24 per yard per pickup. Deseription/rules related to recycling program are shown on page 26. Recycling <credit>ldebit adjustments above an this page expire: July 31, 2015 (C) Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: June 11, 2014 (For Official Use Only) Docket No. TG- Date: Efecalliiiii ENG4L 1l ONLY Docket: 1(J-141269 gender Date: July 10, 2014 ecriv Dere l-Irgusr 17-2014 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 26 Item 105 — Multi -fancily Residential Service (continued) The curbside collection of recyclable materials is provided to all customers in the following service area: Pursuant to the Spokane County "Recycling Service Level Ordinance" as adopted and codified as Chapter 8.58 of the Spokane County Code, the areas contained in Appendix A and as described on the attached map designated as Appendix D, is required to receive recycling service. The following is a description of the recycling program (type of containers, frequency, etc). The program is provided in accordance with the ordinances described above. The collection of recyclable materials is provided on a weekly basis to all multi -family customers who sign up for the service. Customers who sign up for the program will subscribe for the number of 35 gallon carts desired and strategically placed within their complex. The customer is requested to place newspaper, mixed waste paper, and bottles and cans separately into each designated cart provided. Special rules related to recvcling program: Pick-up will be refused if recycling containers contains trash, yard debris, or other non -acceptable contaminants. Customers may obtain a current listing of acceptable recyclables and non -acceptable items upon request. ,Special rules related to recycling program: Pick-up will be refused if recycling containers contains trash, yard debris, or other non-aeceptable contaminants. Customers may obtain a current listing of acceptable recyclables and non -acceptable items upon request. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY t Ioc'ket No.: 1(j-i_su082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED OCT. 29, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -132015 SUB 11/25/13 Tariff No. 17 1st Revised Page No. 27 Company Name/Perrnit Nurnber: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Item 120 - Drums Type of Service- Rate Per. Drum., Per Pickup Regular Route Service $ Special Pickup $ Item 139 - Litter Rec ptacles and Litter Toters Custonicr-owned Receptacle Rate Pcr Receptacle, Per Pickup Size or Type: _ Minimum Charge Pcr Pickup Size or Type: Bulky materials Company-owned Receptacle Size or Type: 64 Gal Toter $ 15.22 (A) Size or Type: 96 Gal Toter Loose material (Customer load) Item 150 - Loose and Bulky Material Special trips: Time rates in Item 160 apply. Regular Route: FOR OFFICIAL USE GAILY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket: TG -1320.15 Granting Tariff Revisions per Order 01 in Docket TG -132015 Issue date; d i October 29, 2013 intim/slaw . _ `BeRn4 2013. (For Official Use Only) ,f fective Date: January 7, 2014 Docket No. TG- Date: By: 1 to 4 cubic yards Rate per Yard Additional cubic yards Rate per Yard Minimum Charge Pcr Pickup Carry Charge Per each 5 feet over 8 feet Bulky materials S 15.22 (A) $ 15.22 (A) $ 15.22 (A) $ 6.92 Loose material (Customer load) $ $ $ $ Loose material (Company load) $ 18.57 (A) $ 18.57 (A) $ 18.57 (A) $ 9.74 FOR OFFICIAL USE GAILY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket: TG -1320.15 Granting Tariff Revisions per Order 01 in Docket TG -132015 Issue date; d i October 29, 2013 intim/slaw . _ `BeRn4 2013. (For Official Use Only) ,f fective Date: January 7, 2014 Docket No. TG- Date: By: RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM, ORIGINAL TG -130082 TariffNo. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 28 Item 160 --- Time Rates When time rates apply. Time ratesnamed in this Item apply: (a) When material must be taken to a special site for disposal; (b) When a company's equipment must wait at, or return to, a customer's site to provide scheduled service due to no disability, fault, or negligence on the part of the company. Actual waiting time or time taken in returning to the site will be charged for; or (c) When a customer orders a single, special, or emergency pickup, or when other items in this tariff refer to this Item. How rates are recorded and charged. Time must be recorded and charged for to the nearest increment of 15 minutes. Timc rates apply for the period from the time the company's vehicle leaves the company's terminal until it returns to the terminal, excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the customer. Examples include: coffee breaks, lunch breaks, breakdown of equipment, and similar occurrences. Disposal fees in addition to time rates.. Item 230 disposal fees for the specific disposal site or facility used will apply in addition to time rates. Rates per hour: Rate Per Hour Type of equipment ordered Truck and driver Each Extra Person Minimum Charge Single rear drive axle; Non -packer truck $ 68.40 (A) $ 27,30 (A) $ 68.40 (A) Packer truck ... $ 68.40 (A) $ 27.30 (A) $ 68.40 (A) Drop -box truck $ 68.40 (A) $ 27.30 (A) 5 68.40 (A) Tandem rear drivc axle: Non -packer truck $ 68.40 (A) $ 27.30 (A) $ 68.40 (A) Packer truck.. $ 68.40 (A) $ 27.30 (A) $ 68.40 (A) Drop -box truck 5 68.40 (A) $ 27.30 (A) $ 68.40 (A) Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 20I3 (For Official Use Only) Docket No. TG- Date: Ry' FOR OFFICIAL USE ONLY Docket Pia: 1 0-1_50,182 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No, 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered. Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 29 Item 200 -- Containers and/or Drop Boxes — General Rules Availability. A company must maintain a supply of all sizes of containers and drop boxes for which rates are listed in this tariff. If a customer requests a container or drop box of a size listed in the company's tariff, and the company is unable to provide the requested size within 7 days of the customer request, the customer must be notified in writing or by telephone. Alternate -sized containers and/or drop boxes. If the company cannot provide the requested -sized container or drop box (and that size is listed in the company's tariff), the company must provide alternate -sized containers or drop boxes, sufficient to meet the capacity originally requested by the customer, at thc same rates as would have applied for the requested container or drop box. Disposal fees due on alternate -sized drop boxes. If the company provides alternate -sized drop boxes, the customer is responsible for all lawfully applicable disposal fees resulting from the use of the alternate drop boxes. Rates on partially -filled containers and/or drop boxes. Full pickup and rental rates apply regardless of the amount of waste material in the container or drop box at pickup time. Rates for compacted materials. Rates for compacted material apply only when the material has been compacted before its pickup by the company. Rates for loose material. Loose material dumped into the company's packer truck is subject to the rates for non -compacted material even though the material may be compacted later in the packer truck. Permanent and temporary service. The following rules apply: (a) If a customer requests a container or drop box for less than 90 days, the customer will be billed at temporary service rates. (b) If a temporary service customer notifies the company that it has decided to retain thc container or drop box for more than 90 days, permanent service rates will be assessed from the 91' day until the end of the period the customer retains the container or drop box. (c) If a customer requests a container or drop box for more than 90 days, the customer will be billed under permanent rates. If that customer cancels service before the end of the 90 -day period, the company may not rebill the customer at temporary service rates, The intent of the customer at the time service was requested applies. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TO- Date: By: FOR OFFICIAL USE ONLY DU= M82 : S2 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 30 Item 205 — Roll -Out Charges= Containers, automated carts, and toters Charges for containers. The company will assess roll-out charges where, due to circumstances outside the control of the driver, the driver is required to move a container more than five feet, but less than 25 feet, in order to reach the truck. The charge for this roll-out service is: 2.30 per container, automated cart or toter, per pickup Over 25 feet, the charge will be the charge for 25 feet, plus $ 0.55 per increment of 5 feet. Item 207 — Excess Weight — Rejection of Load, Charges to Transport The company reserves the right to reject pickup of any container, stationary packer, or drop box which, upon reasonable inspection: (a) Appears to be overloaded; (b) Would cause applicable vehicle load limitations to be exceeded; (c) Would cause the company to violate load limitationsor safe vehicle operation; and/or (d) Would negatively impact or otherwise damage road surface integrity. For the purposes of this tariff, the following maximum weights pIy: Type/Size of Container, Drop Box, Toter, or Cart Maximum Weight Allowance (in pounds) Carts -All Sizes 200 lbs. 1 to 6 yd. 1,200 lbs. Drop Boxes — All Sizes 20,000 lbs. Type'Size of Container, Drop Box, Toter, or Cart Maximum Weight Allowance (in pounds) 1 yard $ 82.50 per pickup 2 yards $ 110.00 per pickup 3-8 yards $ 220.00 per pickup Overfilled or overweight, charges if transported. If the container, drop box, toter, or cart exceeds the limits stated above, is filled beyond the tnarked fill line, or the top is unable to be closed, but the company transports the materials, the following additional charges will apply: Type/Size of Container, Drop Box, Toter, or Cart Charge 1 yard $ 82.50 per pickup 2 yards $ 110.00 per pickup 3-8 yards $ 220.00 per pickup Type/Size of Container, Drop Box, Toter, or Cart Charge 3 yard compactor $ 165.00 per pickup 4 yard compactor $ 220.00 per pickup Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket NO: 7Lr- iiu082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 TariffNo. 17 Company Name/Pertnit Number; Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, `valley Garbage Service Co. Original Page No. 31 Item 210 — Washing and Sanitizing Containers and/or Drop Boxes Upon customer request, the company will provide washing, steam cleaning and sanitizing service at the following rates: Size or Type of Container or Drop Box Rate Minimum Charge All Sizes --Steam Cleaning : 6.05 per yard $ 12.10 All Sizes —Sanitizing $ 3.40 per yard $ 6.80 3 cubicyards $ 4 cubic yards $ It 22_0 — Compactor Rental Customers trust pay the following additional charges for compactors furnished by the company. Charges named are for compactors only and do not include drop box or container charges. See items 250 and 270 for container charges. Customers must pay the costs of installation. Rated cubic yard Capacity of charge box Monthly rental charge: 1 cubic yard 2 cubic yards $ 3 cubicyards $ 4 cubic yards $ Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Docket No. TG - Effective date: March 5, 2013 (For Official Use Only) Date: By. FOR OFFICIAL USE ONLY nc .e v.: 82 Agenda Date. April 25, 2013 Effective Date: May 1, 2013 RECEIVED OCT. 29, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -132015 Tariff No. 17 2nd Revised Page No. 32 Company Name/Permit Nurnber: Waste Management of Washington, I.ncJG-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Item 230 — Disposal Fees Charges in this item apply when other items in the tariff specifically refer to this item. Disposal site (name or location) Type of Material Fees for disposal Spokane Transfer Station MSW $ 104.59 (A) per ton Spokane Waste -to -Energy MSW S 99.50 (A) per ton Sunshine Recyclers MSW $ 104.59 (A) per ton Graham Road Landflli CDL Waste $ 38.40 per ton Industrial Processing Waste $ 29.41 per ton Foundry Casting Slag $20.89 per ton Special Waste (permit required) — (e.g. railroad ties, Petroleum, and metal contaminated soils, off spcc. products and Street sweeping) $34.90 per ton Asbestos (Friable or Non -Friable $175.00 per ton State whether fees are per yard, per ton, etc. Include charges assessed for special commodities (tires, appliances, asbestos, etc.) or special conditions at each specific disposal site. Attach additional sheets as necessary. FOR F TT4CIAL USE ONLY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket: TG -132015 Granting Tariff Revisions per Order 01 in Docket TGG -132015 ntiardiliart:AkinvybenE4 2013 ect!ve Date: January 1, 2014 Issue date: October 29, 2013 (For Official Use Only) Docket No. TG- Date: By: RECEIVED OCT. 29, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -132015 SUB 11/25/13 Tariff No. 17 1st Revised Page No. 33 Company Name/Permit Number: Waste Management of Washington, Enc.G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Item 240 - Container Service Dumped in Company's Vehicle Non -Compacted Material (Company-owned container) Rates stated per container, per pickup Rates in this item apply: (1) In the following service area: The service area as described in Appendix A. Note 1: Permanent Service: Service is defined as no Tess than scheduled, every other week pickup, unless local government requires more frequent service or unless putresciblcs are involved. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Note 2: Permanent Service: If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is not shown, it is to be included in the rate for the first pickup. Aceessorial charges assessed (lids, tarping, unlocking, unlatching, etc.): Note 3: A gate or obstruction charge of 811.70 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Note 4: In addition to all other applicable charges, a charge of 815.22 (A) per yard (assessed on a pro rata basis) will be assessed if containers are filled past their visible full limit, container lids will not close due to overfilling, or if additional materials are placed on or near the containers. FUR OFFICIAL USE ONLY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket, TG -132015 Granting Tariff Revisions per Order 01 in Docket TG -.132015 Issue date: October 29, 2013 k ' f<athleisltt ; JIAamt!)eRQ 12013 (For Official Use Only) j+ecrive Date: January 1, 2014 Docket No. TG- Date: By: Size cu Type of Container Service Type 35 Gal Cart 64 Gal Cart 96 Gal Cart 1 Ward 1.5 Yard 2 Yard 3 Yard 4 Ward 6 Yard 8 Yard Perm mein, 81.00 81.25 $1.50 $6.60 87.00 88.00 $9.20 $10.40 $13.70 817.00 Service: Monthly Rent. if anplitahle Pick L'p Chnrgc 83.(8(A) 8(1.57 (A) 89.48(A) 815.25(A) $21.87(A) 527.33 (A) 837.79 (A) $46.5 (A) 862.63 (A) 875.44 (A) Srviail Pickup Charge 86.68(A) 59.57 (A) 812.4S(A) ; 15.25(A) 824.81 (A) 830.33 (A) 840.74 (A) 849.05 (A) $65.61 (A) 878 44 (A) lremnorar%' $44.20 $44.20 $44.20 $44.20 $44.20 $44.20 544.20 Service• Initial Deb very Cargo Pick t'p Charge 828.25 (A) 834.87(A) 840.33 (A) $50.79 (A) 859.05 (A) $75.63 (A) 588.44 (A) Rent Per ray 51.10 81.20 51.30 51.70 82.10 $2.30 82.80 Note 1: Permanent Service: Service is defined as no Tess than scheduled, every other week pickup, unless local government requires more frequent service or unless putresciblcs are involved. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Note 2: Permanent Service: If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is not shown, it is to be included in the rate for the first pickup. Aceessorial charges assessed (lids, tarping, unlocking, unlatching, etc.): Note 3: A gate or obstruction charge of 811.70 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Note 4: In addition to all other applicable charges, a charge of 815.22 (A) per yard (assessed on a pro rata basis) will be assessed if containers are filled past their visible full limit, container lids will not close due to overfilling, or if additional materials are placed on or near the containers. FUR OFFICIAL USE ONLY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket, TG -132015 Granting Tariff Revisions per Order 01 in Docket TG -.132015 Issue date: October 29, 2013 k ' f<athleisltt ; JIAamt!)eRQ 12013 (For Official Use Only) j+ecrive Date: January 1, 2014 Docket No. TG- Date: By: RECEIVED OCT. 29, 2013 WA. UT, & TRANS. COMM. ORIGINAL TG -132015 SUB 11/25/13 Tariff No. 17 1st Revised Page No. 34 Company Name/Permit Number: Waste Management of Washington, Inc../G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Item 245 — Container Service — Dumped in Company's Vehicle Non -Compacted Material (Customer -owned container) Includes Commercial Can Service Rates stated per container, per pickup unless otherwise noted Rates in this item apply: (1) In the following service area: The service area as described in Appendix A. Permanent Service 32 -gallon can or unit Each Scheduled Pickup $ 3.49 (A) Minimum Charge per month $20.94 (A) Temporary Service Pickup Rate S 3.49 (A) Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. LY Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket: TG -132015 Granting Tariff Revisions per Order 01 in Docket TG -132015 Issue date: October 29, 2013 X laineEkille:Mienwfiben21. 2013 ffective Date: January I, 2014 (For Official Use Only) Docket No. TG- Date: By: RECEIVED OCT. 29, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -132015 SUB 11/25/13 Tariff No. 17 Company Name/Pennit Number: Waste Management of Washington, lnc.!G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. 1st Revised Page No. 35 Item 255 — Container Service — Dumped in Company's Vehicle Compacted Material (Customer -owned container) Rates stated per container, per pick up Rates in this item apply: (1) In the following service area: The service area as described in Appendix A. Permanent Service Size of Container 2 Yard 3 Yard 4 Yard 5 Yard 6 Yard Each Scheduled Pickup 578.80(A) 5113.97(A) $147.41(A.) $178.56(A) $214.31 (A) Special Pickups $81.80(A) 5116.97(A) $150.41(A) $181.5( (A) $217.31 (A) Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local government requires more frequent service or unless putrescibles are involved, Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Aceessorial charges assessed (lids, tarping, unlocking, unlatching, etc,): Note 2: A gate or obstruction charge of $11.70 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Note 3: A fee of $25.00 per pick up will be assessed when containers with attached compactors require disconnecting or reconnecting. Issued by: Michael A. Issue date: October 29, Docket No. TG - FOR OFFICIAL USE ONLY Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Docket: TG -132015 Granting Tariff Revisions per Order 01 in Docket TG -132015 2013 e 1 tots at -liilitombe2gk4 2013 ect�ve Date: January 1, 2014. (For Official Use Only) Date: By: RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 36 Item 260 — Drop Box Service — To Disposal Site and Return Non -Compacted Material (Company-owned drop box) Rates stated per drop box, per pick up Rates in this item apply: (i) In the following service area: The service area as described in Appendix A. Note I: Rates in this item arc subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup to the disposal site. Excess miles shall be charged for at $ 4,00 per mile or fraction of a mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service: (a) Service is defined as no less than scheduled, once a month pickup, unless local government requires more frequent service or unless putrescibles are involved. (b) If a drop box is retained by a customer for a full month and no pickups are ordered, the monthly rent shall be charged. but no charges will be assessed for pickups. Monthly rental charges will be prorated when a drop box is retained for only a portion of a month. (c) If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is riot shown, itis to be included in the rate for the first pickup. Accessorial charges assessed (lids. tarping, unlocking., unlatching, etc.): Note 4: A gate or obstruction charge of $11.70 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Note 5: A fee of 521.00 per month will be added to rent when lid is required on containers over 15 yards. Note 6: A fee of 514.40 will be assessed when customer requires solid waste collection company to position lids open after returning empty container to customer site. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY oc 'e o.: 82 Agenda Dare: April 25, 2013 Effective Date: May 1, 2013 Size or Type of Container Permanent Service: l0 Yard 20 Yard 30 Yard 40 Yard ' $33.90 $55,00 $60.80 $74.00 Monthly Rent, if applicable First Pickup $65.00 $65.00 $65.00 $75.00 Each Additional Pickup $65.00 $65.00 $65.00 $75.00 Special Pickups $68.10 $68.10 $68.10 $68.10 'temporary Service: $40.00 $40.00 $40,00 $40.00 Initial Delivery Pickup Rate $115.00 $55.00 $95.08 $95.08 Rent Per Calendar Day $2.30 $4.00 $4,50 $5.00 Note I: Rates in this item arc subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup to the disposal site. Excess miles shall be charged for at $ 4,00 per mile or fraction of a mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service: (a) Service is defined as no less than scheduled, once a month pickup, unless local government requires more frequent service or unless putrescibles are involved. (b) If a drop box is retained by a customer for a full month and no pickups are ordered, the monthly rent shall be charged. but no charges will be assessed for pickups. Monthly rental charges will be prorated when a drop box is retained for only a portion of a month. (c) If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is riot shown, itis to be included in the rate for the first pickup. Accessorial charges assessed (lids. tarping, unlocking., unlatching, etc.): Note 4: A gate or obstruction charge of $11.70 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Note 5: A fee of 521.00 per month will be added to rent when lid is required on containers over 15 yards. Note 6: A fee of 514.40 will be assessed when customer requires solid waste collection company to position lids open after returning empty container to customer site. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY oc 'e o.: 82 Agenda Dare: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 1 7 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 37 It.ern 275 -- Drop Box Service — To Disposal Site and Return Compacted Material (Customer -owned drop box) Rates stated per drop box, per pick up Rates in this item apply: (1) In the following service area: The service area as described in Appendix A. Note 1: Rates in this item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup to the disposal site. Excess miles shall be charged for at $ 4.00 per mile or fraction of a mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service is defined as no less than scheduled, once a month pickup, unless local government requires more frequent service or unless putrescibles are involved. Accessorial charges assessed (lids, taming, unlocking, unlatching, etc.): Note 4. A fee of S25.00 per month will be assessed when containers with attached compactors require disconnecting, reconnecting or tuning around. Note 5: A gate or obstruction charge of $11.70 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket No.: 1U-130082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 15 Yard Size or Type 20 Yard of Container 25 Yard 30 Yard 40 Yard 10 Yard Permanent Service: Each Scheduled Pickup 592.10 $92.10 5112.00 5112.00 5112.00 $135.05 Special Pickups $92.10 $92.10 $112.00 `5112.00 $112.00 $135.05 Temporary Service: Pickup Rate S $ S S S $ Note 1: Rates in this item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup to the disposal site. Excess miles shall be charged for at $ 4.00 per mile or fraction of a mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service is defined as no less than scheduled, once a month pickup, unless local government requires more frequent service or unless putrescibles are involved. Accessorial charges assessed (lids, taming, unlocking, unlatching, etc.): Note 4. A fee of S25.00 per month will be assessed when containers with attached compactors require disconnecting, reconnecting or tuning around. Note 5: A gate or obstruction charge of $11.70 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Effective date: March 5, 2013 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket No.: 1U-130082 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 RECEIVED JAN. 18, 2013 WA. UT. & TRANS. COMM. ORIGINAL TG -130082 Tariff No. 17 Company NarnefPerrrtit Number: Waste Management of Washington, Inc./G-237 Registered Trade Naive: Waste Management of Spokane, Valley Garbage Service Co. Original Page No. 38 Item 300 — List of Abbreviations and Svmbols Used in This Tariff (A) Denotes increases. (R) Denotes decreases. (C) Denotes changes in wording, resulting in neither increases nor decreases. (N) Denotes new rates, services, or rules *** Denotes that material previously shown has been deleted. Yd. or yd. are abbreviations for yard Cu. or cu. are abbreviations for cubic. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: January 18, 2013 Docket No. TG - Effective date: March 5, 2013 (For Official Use Only) Date: By: FOR OFFICIAL USE ONLY 137CreT1=:=137182 Agenda Date: April 25, 2013 Effective Date: May 1, 2013 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: El Check all that apply: ['consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ['executive session AGENDA ITEM TITLE: Solid Waste Collection Contract with Sunshine Disposal GOVERNING LEGISLATION: RCW 35A.03.005, RCW 35.02.160, RCW 81.77.020, RCW 35.21.120 PREVIOUS COUNCIL ACTION TAKEN: City Council adopted Ordinance Nos. 07-022 and 08-003 to establish a solid waste collection franchise with Sunshine Disposal, Inc. Staff gave an administrative report on the proposed contract with Waste Management on October 28, 2014. BACKGROUND: Under Washington law, solid waste collection and solid waste collection companies are regulated by the Washington Utilities and Transportation Commission (the "WUTC") until such time as a City takes affirmative action to take over collection responsibilities. The City may do so by entering into a franchise or contract with a private solid waste collection company, or by providing services with its own personnel and equipment. While regulated by the WUTC, solid waste collection companies are granted a certificate (referred to as a "G -Certificate") allowing the company to provide service within a given area, where they operate pursuant to terms and rates set forth in a tariff. G -Certificates set forth the particular collection services and rates for the solid waste collection company within a given area. When a city assumes control of solid waste collection, the G -Certificate will be cancelled for the area within the city and Washington law provides that the solid waste collection company shall be compensated for the cancellation of the WUTC G -Certificate. Pursuant to RCW 35.02.160, the solid waste collection company is entitled to a minimum of at least seven years of continued services, plus any additional time to account for additional "measurable damages." While the compensation may be made by direct payment, typically the compensation occurs through continued services for a set period of time. In 2007, the City determined to assume control of solid waste collection services within the City limits and gave notice of cancellation of the G -Certificates for the two existing solid waste collection companies providing service within the City: Waste Management of Washington, Inc. ("WMW"), which provides residential curbside pick-up and some commercial collection, and Sunshine Disposal, Inc. ("SDP"), which provides roll -off container services only. To begin the process, the City adopted franchises, effective March 10, 2008, for WMW and SDI. Without any further action, the franchises are set to expire after the minimum statutorily required period of seven years on March 9, 2015. The City has since entered negotiations with WMW and SDI to obtain solid collection services from them as compensation for the remaining measurable damages to which they are entitled. For Council consideration is the proposed contract with SDI. The contract is a "status quo" contract that provides for a continuation of the same services and service levels as are currently provided by SDI under the existing franchise. The contract will be for a term that extends the existing solid waste collection services until March 31, 2018 (for a total of ten years of service since the City assumed control in March 2008). The primary difference from a service standpoint is that the City shall be responsible for management of the contract and issues that may arise instead of the WUTC. Rates for collection services will be established pursuant to the attachments in the contract, which begin with the current rates under the existing G -Certificate and associated tariff and decreases due to the lower disposal rate at the Sunshine Transfer Station. Additionally, Washington State law requires collection companies to collect a state solid waste tax in the amount of 3.6% on all solid waste collected. However, to date SDI has not collected the tax because the collected waste that went to the Waste -to -Energy facility was considered "fuel" and thus not subject to the tax. With the transition to the use of the Sunshine Transfer Station, customers must now pay the tax at the point their waste is collected, or if they self -haul, delivered to the transfer station. Thus, the state solid waste tax must be included in bills after the transition on November 17, 2014. Upon expiration of the solid waste contract in 2018, the City will enter into new contracts with a provider selected through a competitively bid process. The City has agreed in its transfer, transport, and disposal agreement with Sunshine Recyclers, Inc. to direct waste collected by SDI to the Sunshine Transfer Station. Thus, although the current franchise is not slated to expire until March 2015, staff is bringing the SDI contract forward to be effective concurrently with the change -over in transfer and disposal services that will occur on November 17, 2014. Staff has already provided a presentation on the concurrent termination of the existing SDI franchise. If Council approves and authorizes finalization and execution of the SDI contract, the effective date will be November 17, 2014, with a concurrent termination of the franchises on November 17, 2014. OPTIONS: Motion to authorize the City Manager to finalize and execute the solid waste collection contract with Sunshine Disposal. RECOMMENDED ACTION OR MOTION: I move to authorize the City Manager to finalize and execute the contract for solid waste collection services with Sunshine Disposal, Inc. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Erik Lamb, Deputy City Attorney; Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Draft Solid Waste Collection Contract with Sunshine Disposal SOLI» WASTE COLLECTION AGREEMENT (RCIN 35A,03,0114; I-t(.vi! 35.02,1460) Cit; Ott' Sit?t{.ane Valley 'this SOLIT) WASTE COLLECTION AGREEMENT ("Agreement") is made and entered into bct\v n SUNS' :'tl,,l'i) AI .. 1 `` [". (-SDI") arid t[tc (1.1-).-. OF SPOKANE VALLEY,. acovlt' r_'Hy state o[ '`,'k'1.is[tittwttl-, 1--(i ;: 1 11 l r`ti: [gill ht'. c[ .ICLLivdy referred to hercrl'.:s. the "P,trii:`ti .'.Ctrl ltt ]?'s'SS[.;ILC11) Cts t' -1'',?r-1i(.1crc.iIi oth�11'lti 1111 ALrc,:['[ ent dial! Lc e11LCt1Ve 11, 1J14. .1.-11c A4L1Iiei it]!i"�`ti alp 11-1''.14}'4'• RECITALS WI-IERLAS SI)I hoi& i erti[icateNo. 0-199 issued by the Washington 1. tiIiiicsand frantiportation Comrniss oii (—WI 't : 1-C") 14 the collection of solid waste in ct.'iiailn Micas in Wushinglon SL:lte, in iLid]1i . r'. itlt:r. certain ;.11-cas in Spokane County; WHEREAS at the time of lige City's incorporation on V•ttrrrch 31. 2003, ane thereafter, SDI provided snlidwaste collection services pur i.i.int to Certificate No. (-199 within the h i dar Ceti u". the newly incorpo:r n.. cd ( ii} (th "Incorporated Rrritory ), as shown on Exhibit attached 1.icrtto- W it':REA atl tl?. time of [he C[tv's incorporation, an March 31, 2003, and thereafter, -Waste ; Pilrl,wcrtt.°It' i i 1\ aslii14.ir n, Inc. also prok•id.:Ll c t [tunerL:ia1 roll -off solid waste collection service (--R61-Off Service") pursuant to Certificate No. G-237 within the Incorporated Territory; W 11F.IAS untie- RCW `W 5A_03,005 and RCW 35.02.160, the WUTC regulates the collection of aohiti ,.,tic `; Ythi?t the Incorporated Territory until such time as the City notifies the WTJTC, in '. ri i in:_. of its de, isi.on to contract for solid waste collection or provide solid waste collection itsc1 °-pi u--:nanr t[1 IZCW 81.77.020; WHEREAS RC.A.V 35.02.150 provides that when a new city incorporates, the city may w1L t icy c:i[1 , l the ripl,ts 01- the current solid was?.: cti;1ICw:tior1 company provided that the city 12ran1 1l> Lit M1 ..:lion c0111 y a contract or frcin4 111 -c '[1 continue providing solid. waste i'.r!]lect]f)[i 'i''+`roc!.. for a term of not 1css ',years 11, ]li-1+NIrlr} tl] city's exercise of its ri , }l 'L tiC:.'I SDI's WUTC collection auMority within. the In' orpoiutcd I er: iL r; ; W'II Fff.AS RCW 35.02,160 also provides that acompstny lAihclse authority to collect solid w.a a he citk' has been cancelled shall have a right of action ugainst the city for any measurdalc daill.[gcs it ;Teri as a result of the Cancellation of its authority., W111:;I(EAS .111 11l[i r 7, 2007, the City Council approved ?wing notice to the of the Citv's termination of SDI's collection rigl,ts kwiiltiri the [ncorporatcd Territory under Certificate No. 0-199; WHEREAS thr•our;h Ordinance 07-022, the City Council also approved granting to SDI a se'.en-year franchise (the "Franchise") to pI-ovi,le roll -oft -garbage and refuse collection service within the Incorporated Territory; Page 1 of 13 WHEREAS on or about January 29, 2008, City staff gent to the WUTC the City's notice of termination of SD1's collection rights within the Incorporated Territory; %V11ERE'\S on March 25. 2008. the (-'onii iii approved OrdH- irc.e OS -003. 3. 'Niaich ciiiiendcd Ordinance 117-022 10 clarify the prior: or dil)raI) LLIILI to ti'itit the. effective dale of the dk.tc of'lei mina:ion of Sl.)l' Iion 2-io.hu, under Certificate No. G-199 WHEREAS although Ordinance 07-022 and 08-003 granted to 5171 t seti:en-wacar I;ranArise to continue solid waste collection services as required by RCS 5�.d}2. lCi{}, fiiye ordinances did not resolve SDI's potential claim for measurable damages; and WHEREAS by entering into this Agreement, the City and SDI wish to resolve the remaining issues concerning the cancellation of SDI's collection rights by extending, the term of SDI's solid waste collection rights and responsibilities for an additional THREE (_;) years and waiving an'. and all claims to measureable damages under RCW 35.02.160. TERMS AND CONDITIONS 1. DEFINITIONS. For the purpose of this Agreernent, tI e liali'i t't� l iilitions shall apply unless the context clearly indicates or requires a di frer,_mi nwa]iing. Terin-is not exile .wtiisc defined, herein shall have the definition provided under Chapter 711-95 RC's'' and its implementing regulations, if such definition exists. 1,1.. "City Solid Waste°' means .=ll Solid Waste, including C&D Waste. derived from residential and commercial source=- whether public c}] 1private, located v. h1iin the City Limits, but excluding any Excludes! 'tiVL. 1.e:s. 1.2. "Solid Waste" means solid -'v‘Aste as defined by la -W "i1,), IS,CL'+.i( ), and as hereinafter amended, to be all put resel.. k- and :ionputnesci1 k• .,:cd ii (.1 tici']awastes including, but not limited to, 111[1111:;1. aiti[,L2; . i,lcltiwtv'atil 'kwLI!,.,ies, I, sewage Sludge, demolition and constructio..1 1Sas1 �, .i[' i17+li:ra tl 4,t lii�' sti of ]'ill tti 111+21-C+0f. and recyclable materials. 1.3. "C.'&D Wastes"- means Solid Wri3te resulting horn construction, remodel [ilg, repair, and/or demolition of buildings, or other structures, including, but are not Limited to, brick, concrete. rock, drywall, ma iury, roofin4i, itii 1 , .,:ivhalt, structural n-icta1_ wvire, } :ickr1t i1 L. inked iLian, and ether building inaterial. 1.4, "Recyclables I laterials" mccategories o#`Solid Wastes that are separated for recycling or reuse, such as papers_ metals, and glass. 1.5. "Yard Debris" menus plant matcrial commonly ' created in the course of maintaining yards and gardens, and through horLKi;lturs , gtirderaing, landscaping, or similar activities. 1.6. "Source -Separated Recyclable Materials" means any Recyclable Materials that has been separated from other City Solid Wastc prior to collection. 1,7. "Excluded Waste" means the rollow\'in . n1 ii, ri,i1 .- provided, however, that the City and SI>1 i.l:=w i,r i11l' :-LL'.ire a' rcc in 5.eritir, °Ia irlw[_iel: any 4111.2 following materials as Solid Wastcs to L'iais Agreement: Page 2of13 • Hazardous Waste. as defined ltcreitr; • Animal -manures, dead arrriaiaks, and Linin -Jai remains, including remains from s1a!u:?]1t'rhotts.e.s or hitcher shops; • Grease waste or used cooking rail; • Sewage sludge, septic iauk and cesspool pun -pings, or ether sludge; • Infectious, biuhaz.a]dotrs. or regulated n-edica1 waste; • Industrial process wastes nrd industrial wastewater sludge; • Treater:r'de:-cl1aractorirecl • Antifreeze; • Asbestos and asnesmc s-contailrillti tiw rl tt ; • Light ballast._ • Peiroleu.n cantarniliated snilr • tJrti'.•+�.rs.l': Wastes a 40 CFR § 273.9, including batteries, pesticides, me:eur;y-uontair-n{: •.tl;liprlrcttt, and urmiversal waste lamps as defined therein; • Other `t ds,il' .4. ilii lr rL°lluirc ialinLl disposal or treatment under state or 1 • }�114'.r lh,1ti".L'. i11;3.t talc Pa tic ilrrc io 911 '.vrit'17G.' to he eNc1tided Iron-, this A;' •'cement.. "1 1r1/ardous'Waste" means wastes that are def ncil :r llliF.rllt�Ull '.';":! Lc- r Ir..cler tt cicrztl lel•:. in,:luding the federal Resource Conservation I't< c"5,c rw Act, 4? l `.S.( . 6901 et seq., and under comparable state laws. ?. The '`Extended Period". The term of the seven-year Franchise granted pursuant to Ordir!:I?tie`, OS -003 ; ( -:-intenced on March 10, 2005 and will ten»inate on March 9. 2015_ The l'71l-tie, :l .ret tare: _Itc: --Extended Period' shall commence on the l ri'Y'Lc.tiN.e Tate and shall t4 -r tliinaL— (tin March 11, 2018, unless extended by written agreement etrthe Parties. t hd:)ttrtics agree and ii;.:kno.,vJ:24,4.2 that the Germ of the l'ral1Ghise plus the Extended Period i& Icrn c .lean the 7 -year franchis W period required under RCW 35. )2..160 in order to compensate I) [ 1' ,1- any and all measurable damages SDI has incurred as a result of the cancellation of its solid co: Ie:ction rights within the Incorporated Territory. 3. Grant of Exclusive Right. The City hereby extends and grants to SDI the exclusive r -i !rht and obligation to collect those City Solid Wastes, and provide those services previously provided under its WUTC Certificate G-199 and the City's Franchise to customers within the I11L•orporated Territory during the Extended Period (hereinafter the "Collection Services"). The >Lrties agree that such grant does not and shall not include any exclusive right to collect rrt s idential Yard Debris or Recyclables. During the Extended Period, the City agrees that it shall not contract for Collection Services or provide Collection Services within the Incorpotated ft!ritor', Notwithstanding the foregoing, the grant of an exclusive right to such Collection 3.1. Shall not apply to the self -hauling of Solid Waste by the generator in their own vehicles; 3.2. Shall not apl'.l,4 ti.} ter: Iiw.!lin , e)CSource-Separated Recyclable Materials or Yard. Debris from i J I , ,- ncl> l - tritrl � tie;rators; Pug 3 of 13 3.3. Shall not iippIy to [hose operations identified as exempt operations in WAC 480-70-011 or not otherwise regulated h . tilr_'. W1 -1"-C FC under SDI's 0-199 certificate; 3.4, Shall not be constrr.c ] to ere:aic zwy oNi:2,ation or requirement for the City to impose mandatory solid waste ,xSiltc; tion [rim ;i I or- its residents and commercial businesses; 3.5, Shall not be construed to prohibit the City from undertaking any a procurement process and entering into a contract with anorher entity prior to the completion of the term of this Agreement in order to cnsirrt [here is no interruption of services after the completion of the term of this AgreennL:rat; nru\ itler.i rlriri ir,at ue. � c.r'atit ' shall not commence providing services until the term of this Agreement is completed arsd this Agreement is terminated as provided herein. 4. Non -Exclusivity Regarding Waste Management of Washington, Inc. Notwithstanding any other prevision in this Agreement, the Parties agree that nothing in this .Acr•eement, including the grant of an exclusive franchise for the Incorporated Territory, shall interfere with the existing rights of Waste Management of Washington, Inc. under RCW 35.02.1 ti) to provide Roil -Off Service within the Incorporated Territory. 5. t ern kiriadon of Franchise Granted under Ordinance Nos. 07-022 and 08-003. 1 1 !'.snit ,1 7.1(212 i]r<�t, commencing on the Effective Date, this Agreement replaces and sdli4isscdc; r aL rtrnr:Irise granted pursuant to Ordinance Nos. 07-022 and 08-003. t . Rates and Compensation. SDI shall be compensated for the Collection Services Irw re.:stela- hsy charging its residentia.l and business customers within the incorporated Territory rate.!-: and c]iargcs (the "Rates") set forth in the copy of TariffNo. 7 for Certificate No. G-199 „ttd:11c,d [Icier as kxhibit B, andas the same may have been modified pursuant to Section 8; I, rt i v i (I L\I 1-10Wc er, such Rates shall not include Item 230 of Tariff Na. 7, but shall include the 1[11un-current disposal rate at the Spokane Walley University Transfer Station, which is owned and {operated by Sunshine Recyclers, Inc. 7. Taxes, Fees, and Other Charges. In addition to the Rates identified in Exhibit B, SDI sIt s11 c.l tii- its residential and business customers within the Incorporated Territory any Ii,ir;. rid L.lmrges identified in Exhibit B and any other taxes, fees, and charges as may Iii. mailer h4: [e,' eel by any governmental entity against the Collection Services in the !rrccrporated -Territory. 8. Adjustments to Rates, Taxes, Fees, and Other Charges. The Rates, taxes, fees, anti other char: :s iliill be adjusted as follows: 8.1. Annual Rate Adiustment. Rates ;hall he adjusted Dec nzber ] , 2015' and annually tlierc.after, by a percentage equal to the annual percent change in the enrtstin1er Price Index ("GPI"), August to August, All Reins, December 1996=100 for All ULhm Consumers (CPI -U), West Size Class 1310, as published by the Bureau of Labor Statistics (http:llwr.bls-v'fcpilhorrie, htrri}. 8.2. Adjustment for Chances to Taxes, Fees. and Other Charges. If any of 0 -os taxes, fees, or charges under Section 7 above are increased or decreased, SDI shall ailjusi Page 4of13 LI is.Lint; eltarged tt 1.4 r wlr els nil .11 LJ business customers consistent with the i11Crc sus err decreases. 11 IFC.' L'iis ii -c'.'' tat wl' decreases :iris•' tclxes. lees, or CharQCs On SDH,s { .111ticlicari Services withHt t:•t-4: Bits: 1 i1ratud Territory, the City shall notIi'. I)1 of such tErsi'4 , ices, or other charges within 45 days of the intended ell-ectivc change 8.3. I ericidic Ad'l.stments Due to Extraordinary Circurrtstances. SDI's Rates set by this Agreement are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the annual CPI adjustment provided by Section 8.1 above, SDI's Rate shall, upon written request of SDI, be further adjusted due to any one or more of the following causes: (a) material changes in SDI's costs resulting from a force Majeure event; provided that pursuant to Section 15, SDI is excused from performance during the pea -rod of a Force Majeure and so shall notify the City prior to continuing to provide services during the oecurtence of a Force Majeure if it believes or has reason to believe the provision of services may result in material changes in SDI's. costs. The parties shall jointly determine whether SDI shall provide the same services or alternative services to limit the impact to SDI's costs; or (b) material changes in SDI's costs resulting from a change in law, rule, regulation, ordinance, order or requirement of any federal, state, r ?noir] l or - local government that is effective after the Effective Date of this .\gees:weri.C; provided SDI shall notify the City ofsutah change and the Partshat] j,]]litly determine, to the extent possible under the changes, whether ,11)I may provide alternative services to limit the impact to SDI's costs. 11 SDI requests an adjustment due to the circumstances set forth above, S1)1 shad] prepare a rate rldjustnient request setting forth its calculation of the increased or decreased costs and accompanying adjustment to the Rates necessary to offset such chanes. the City may request any and all documentation and data reasonably necessar • to evaluate such request by SDI. The City shall act within forty-five (45) days of rec;eipt 01 tlie tectuest from SDI, and shall either approve or disapprove the request, provided that approval shall not be unreasonably withheld. 8.4. Notice of Rate Increases. SDI shall implement all City -authorized adjustments to rates by providing 45 -day notice on the customers invoices consistent �z: i111 i?t.'\V .2L157.. 8"5. Non -Applicability of Revisions to Wl iTC Tariffs. Naiiv i1IHt"ri dime any :1thi'r provision in this Agreement, the Parties iuirce that the Rates ha,i., tl .t`]l :;t,it,lillied Ess. -:ed on the W-LITC tariff rates for Certificate No, Ci -199 1ilif•licable to tits, Ina:urports d Territory asthe 'igreen]cnt esL'r'rrtion it rl�: 111C1 that.rn`t Laii,i truriH all 111 7t has d Upon Secii sm, ;5.1, 8.2, tsid 8... :illi] not :?ll I i' :'ltii 511ry to CHL' + ' i t C tum 1 r:itt:s am licateNo. (i-199. Nothing in this ,7C-0..'iTI_L1 i s 1.1: L'.rr(1Cd ° issnici [.?r ;�r11' il,it S1))1 Honi ,,esking approval, from the Wi"1TC OF rstsy ,r rid:.?1" Wt11 Ctlr'l1. 1,1'�ti applir•aN:: to solid waste collection within its Certificate Nn, C;-•199 territory loc.rtcd outside of the Incorporated Territory. '3. Additional Services. If the City elects to Di'r't, additional sol 1;i waste collection :;cry 1.k.E'.s to I c icleisial and/or commercial customers willilil ills Incorporated 1 erritory and it Page 5 of 13 those services are practical, fca:;ihk ;Lnd :thle to r. ,.Js.. ;this r : ` 0 1'service by SDI, thc City shall notify SIDI in4':2`It'sE7!_ c 1 l is niltiltitillta- w`11'll ',ti [' t1',I ;`;l: G]- ;llltl SEM tiIY:ii have the right to prn•ti itis such die l'oyioc.I. If SDI. cb..a,i� such additional shall notify thc City ii r u irlain II iti [•Y` (30) days o1• receipt of r1i City -s ri[ tit:r: and shall offer such scrk ice.; either 9.1. consistent with the tht ri cir cnt rates for the same or similar services under its WUTC tariff Lpplie:th1e to Spokane County; or 9.2. if SDI docs not offer the same or similar services under its.WUTC tariff; pursuant to written a , reerri tit 1 \nween the Parties. If SDI either (a) notifies the r.'it of its decision not to provide such additional services, or (b) fails to notify the ('iry iii writing 11i11 11 111,C.IV i:740) days of rc'c4.il,4 , !'tile City's notice, the City may contract Lor those se rk it ., or p ov'H ;Inose services itself within the Incorporated Territory. 10. Incorporation of Certain (-199 Tariff Service f'rrracliiion,. expressly provided herein, the Parties i ivc that thc : crvicc rci]t!iremet ]nitons cl roll- slant to TariffNo. 7 applicable to Certificate No. G-199 and lc current provh ienN rkr W.\K.:IS0-70-361 through 480-70-421, excluding \'A(. 180-70-38r;(:?'. E, shall be lc) the!. `ol le titrri Services hereunder. A copy, of -Tim -ill" o. 7 is utiati']7:',:1 :l<'rc.tdl .:s Exhibit B and is it col -lar rated herein by this reference. Noiwith til.utLling 1I14 iti iC' :?iii', dw. following shall apply in iii any differences or ambiguities conditions of this Agreenk-In jnd 'I t!ri; l` No. 7 and the referenced WAC provision,: 10.1. [Folcss a term or .tat Brio i c l Tariff No. 7 or 'WAC section is inapplicable to the City, n [ole encs tc thL2\\ LTC in Tariff No. 7 or WAC section shall he deemed to 4` ,a i r,i ce to thc City, 102_ If there is a requirement or obligation set forth in this Agreement that c )nflicts with a requirement or obligation in '1 ariff-No, 7 or any referenced WAC section,. tl:,c requirement or obligation set forth in this Agreement shall apply; 11. Designated Disposal System. Lxccpt for c&D Wastes tntl ora odder materials agreed to by the Parties in writing, all City Solid'a>c c€ !Cew:tt_rl under this .rc mc»t shall 15c delivered to the City's designated disposal. system. SDI C&D Wastes and uny oihcr materials agreed to by the Parties in writing to :rly facility chosen by the: SDI: SI)I may process or otherwise recover materials from drop -k,. loads and may charge customers lower disposal rates for those sortable loads, but in ru cut 1,adiarge customers higher disposal fees than authorized by the City's separate disposal agr- :xicirt with SDI. 12. Waiver of Claims for Measurable Damages, SIDI hereby waives all cl.li,�, r:,,fl• , I C' 35A.43.005 and RCW 35.02.160 to any measurable damagesr�� ultitl� front tl-ic oxaraCeLintion cif its solid waste collection busii:e s ti4 iil,in the Incorporated Territory. Thc C' i titin agrce that this -' grcerncnt and the Franchise provi~ic Plitt satisfaction any and all claim. Ib measurable d:rr t:i es caused by cancellation of ill SI al :: r..:i +i f lc:ile No. 0-199 and 1H i.'iry's extension (Zits collection authority OVCr the lucr7i r:�rakd I mstiant to RCW 35A.03.O(. 5 and RCW 35.07.160. Page 6 of 13 13. Required Notices to WUTC. The City shall rc ponsiblc For submitting any and all notices to the z: L! [ [' :)1 Iii decision to contni, t let: solid cQllecl1or1 or 1.7,'ovidc 5oLid ti'vrl.,ic col l.c'w_ .ori ii elf 1vi1 in illi,: In. aril:: l"ii7 C I L[I ]tnr ° j?r::" rl.l[7l to RCN S1.77.02_0. x'.020. As regi;Inid h wAC 4SO-7. -NI 'l)1-Ji.:lll be rces}l,:li ihl4 'lli ii tl.IS`111 L ll>Ie V/t :`i." that t SDI and the (1ti.. 'lave entered into this i .!`�iti�illc,lll, includil4g.. il7]L]1ti11.111 01 tills e'<i,'Clltcd Areetnent to the \w:' l 1 L C:. 14. Cooperation in Execution of Documents. The Parties a::;rec to cooperate in preparing, executing, and deliverinri any and all additional dcclurnents that may be necessary to render this Agreement legally and :iractically effective, provided, however. that this ir.oviiiir11t . h..11 not require the execution of any document that expands, alters or in any way changes the Lc= of this Agreement_ 15. Force Majeure. [I` prevented from or delayed in perform ii i:. duties urrder this Agreement by II'4ti1ll l,;lli 4'4 beyond its control, whc,l;er' or not fares crlble, including, tvlihout limitation, l lre I, norricanes, severe weather, floods, volcanic eruptions, 1),: ildeuriics, quarantines, .', ilr_ L]! vi I I:::,L.1rbances, acts of terrorism, acts of ( ;od.:rr Ihrents of such circumstances ("Force 1'i!lajcur,:'' ). then the affected Party shall be excused from performance rc'I]rider during the period of st,c) r.1i w,lbility. The Party claiming Force Majeure shall promptly rainy the other Party when it learns ol`tiiM existence ofa Force Tulajeure condition and when the Force Majeure condition lba; t.erminatl`i'. 't„cl+.withstanding anything in this Agreement to the contrary, the term "Force M,1jcirre-- do!-; nol include and a Party shall not be excused from peri Jrmance under this Agreement for CV-:2r1t relating to increased costs, including, without limitation, increased costs of fuel, labor, i[,,,i [ranee or other expenses of performing the Collection Services hercllrlclwr. Further, lhr tc: in "Force Majeure” does not include labor disputes, which shall be hanclied in accordance with the same terms and procedures set forth iri SDI's Certificate No. G-199 Incl any applicable provisions of Chapter 480-70 WAC. 1+6. Successors and As.igns. Neither Party shall assign this Agreement without the tlli i . n` h l.'ittcn corisc id of the other r Party, except that 'SDI may assign this Agreement to any 1.11- (LZ11-y, 14111.11i 01' a11)litwd corpany w'1thQLlt 1hi s?i.iitr 1'i[rty's consent. If this Agreement is jai"{lvILl4`il above, iL shall be binding on and slia11 :[7I:re Lilt 8c lb.. ii fit of the Parties IIC1'uto.1nd 'l1 II' respcci.Ive successors and a,s iY_'i14. 17. insurance. SW.. shall maintain throughout til 2 k r•r .)1i1ii~ the following 1..17L t?I C:[il L'r, 'G` ',with omits that are required by a agencies or the whichever are gireater: 171 Minifirini Scope of Insurance. Sri slia 1 ri htnin iilsuT Ice of the types du-Lrihcd I e1n4w ` +,all .A.titoinobi L. IiuhIIIty incur:[]ice c4lti'L:1'lilg till ov.'11,2d, ['.i][i-cr.`,'1iidl. :Llls_l 1e ltik:,.'. �,c°1�1.41cti. �_, 1"4`L`-ruL1.4 shall he V• rit1L'11 in! Insurance Inc.:. lSt.}) Iclr[11 ('A OO ill Or a substitute- l:x';ll prt],'idillz, c l[i .i:l:lli tial iIitv �.'l)4 .1➢ii°+_. ll 11eces ..ry, the pc;lic :.;11111.1 L L: ➢ii:i�'. W(1 1 I3Cti1't 1tlL' t(1:111' YC1l.I . 1LIbitic). ti75'i";o[L;e, Page 7 of 13 ej.eral liability instuLl..r.L : shall be writton or, ISO 11C't;llrr llti' . loin] { (; {111 61 and lily i.irisil!EJ iron] prL::l`11:•:•2 , 1 I11,i 17LIldd11C contraCtot'S, perti1 nin 111j11:'ti' :,lll.l G1CIverti in,. I1iji i' y. There sImI.' f-.` no �'.=7i:1Jlti'�t111 "1Y ( 7iiudlflcatian u the C1,'m17i1'I'crd Genui-ill Liability in 11I;lIiC:'4: }1' ilaUlll, - i!:`isiii from tiplOslO]l. 4'i1L]a11;ee`,, �7r t1171.1tiC`Ti- uiid l;riiI e1"C'.` darli sl.u. L Ise Contra,,.irlr's CoTnlncrciai (icL: 1 L1 t.iallllit'v t11st1I'1u1C S11,1111101 cyc.IY cit' Lirlhi'iiti iiia t, ; nllslti011 conLli1:411.; rlri ilr_, +t41I:1 The Collection }l1,}° lill.il ,Illllx..'1 ll}:ti gru-°el-neilt. City shall-1 1` ; fl 11 cd.. L al'1 additional lll.SLli'Ctl :JI1il 'r SDK s gencral li;s,}:lilily insurance poli-: .,i1h re.11ect. tri 'Jr:: `,, i1 , LTIArmed [or ('n.° (c) Workers' compensation coverage as required by the industrial insurance laws o: ilk ` t,Y[€:` :' • Ir;hirlgtorl. (il") 111 ur.1ncc. This 1.1tnKt'c11a Liability llltitli"�117� t' Ii i] it??l1l;r Rho\ t, CI1111 l7C' iii li'A! ', its br4'c1(t I.: L:vve iti.+' Scope, as the ContiactoJ's Coil tlhrciu1 (iencrrst-ia hi.ii • 'Arid Automobile Liability Insurance" 17.2. Minimum Amounts �1E' ]115t1r:n1 c. ,711E shall maintain the following insurance limits: (a) Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. (b) Commercial general liability insurance shall he written with limits no less than $1,000,000 each occurrence, 52,0(10,000 Exileia] aggregate, and a $2,000,000 products -completed operations afggrcl;aic limit. (c) Employer's Liability, $1,000.000 pur llc.cur1'cncc. (d) Commercial Umbrella Liability Insurance with limits of $5,000,000 each occurrence. 173, Other Insuranec Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers' compensation: (a) srws insurance eover2ge shall bc primary insurance with respect to City, Any insui-fund, self-insurance, or insurance pool coverage maintained by City shall be excess of SDI-sinsurance and shall not contribute with it. (b) Such coverage and policies shall not be cancelled without providing City thirty (30) days advance' written notice. (c) City shall be named as an additional insured. 17.4. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M, Best rating of not less than A:VII. Page 8 of 13 17, Evidence of Coverage, As evidence of the insurance coverages required by this i\i: rcciii 'nL, S1)1 shall furnish acct"LuTtilc insuuaiiec L 'rll i;:ewes to City Lit lli4' brie 1 )l returns the signed Agreement and, dur711 1114' rerrtaini:1S'. lam of this Wit! -.:l; ria t1ll.r!l lc time after a request for such cel L1 j .Sr.'s by the City, 1 He cerfilleat ;all w:�tcil : <!11 of the parties who are additional ins rel-:, and \5,i1i_nclude a1,171ical l l�;?l1 4rni:tor :°'7-.Lllts. Insuring companies t>':• cl.1i , ; ;r,. subject to City acceptance. SDI sly.11 res-,-Kyrnilble for all pert] !iL'ilt dcductil�l� s, self-insured rcLL'ntiul'!s. set. s-1L7stli.S rice. 111_ indcmiiiIication. SDI shall, at its sale expense, defend, indemnify and bold harmless City arid ;Ind e111171..wees„ 1'I'on1 any and c:l] 0131117 .:l il,S.7 , suits, liability. loss, costs, ilti,rilt:'.s fes and eostti o 11[1L".'alio 1. expenses, injuries, ituL 1 !r ]_:`itis or 11'.': nature whatsoever '"til:ltlll4. t:' o itising out U.I. 1ti•:' :..v -r `174 i''.!1 o1" negligent Diets. errors s L)r oi»issiors. in the Collection Services ices iii:. 1d d by SDI. SD1'ti r] _:t'iltti. subcontractors, su consultants and employees to tli. LLlil: s1 ." :lent permillcd by law, st!k;cc. i 111 itis l le limit pions provided below. 1 8.1_ SDI' ; duty to defend, indemriiCy and 1ioid 11;,Trl1; City shall, not apply to Intl}iliL. for dama _cs caused by or resultir: ; from the :io e iiogligenee of City Or City's a� Ills or employees. 18.2. SDI's duty to defend, inldemnif\. and hold harmless City again::1 1iLil,ifity 2or- darilcL"ite—; cat iced y the concur: crit llc ,igence Oro) . 11.:•" `>r City's agcni,s o: employee, , and (b) S])1, SI )l'r; L e.tiruti, suh On tractors. subcansu1r.111is and employees', shall apply only to the c'sient. of then q.li:gc:lee of SDI, SDI's agents, subcontractors, sLhconsultannts and employees. 18.3_ 1)1's duty to de ciIL1,il_ar,crt :lily and hold c ii 17arnnl t- shall include, as to all claims, demands, losses and Lialbilii.' to vtich it ap171.:x . 'it p,_s onnel-rclatcd costs, reasonable aLIe11'11.Cys Lel , 1 7i_ I.tL reasonable value of any servieL.s ienclLLLL; b1: 111 Alice of the City Attorney, outside c:c'lLstiltah: cc}`its, court costs, fees for coiles;Iit,ti, LiiI :111 other claim -related experlsr.s. 18.4. SDI specifically and expressly waives any imrrturiity that may be SFr LlniL~.ti under theWashington State Industrial Insurance Act, Title 5 1 RCW. These indemnification obligations shall not be limited ii': any way h',::Iry limitation on the Amount or type of damages, compensation 0: I,c rick i., l,aYaNL.: ti) or for any third early 1117:1Cr w ort:::crti' compensation acts, disability ;IC'.:i, :tr otemployee benefits acts, that SDI's waiver of immunity by the per av'isic"1rs of this 11.lr,lgran=1 .:x1ends only lo claire o linst SDI by City, and does not include, or extend to, any claims by SDI's employees directly against SDI. 18.5. SDI hereby certifies that this indemnification provision was mutually negotiated_ 19. Notice. Any notice required or permitted hereunder shall be in writing (including, without limitation, by facsimile transmission) and sent to the address shown below: page 9 of 13 If to SDI: Sunshine Disposal, Inc. If to City: City of Spokane Valley 1 1707 East Sprague Avenue, PO Box 13369 Suite 106 Spokane Valley, WA 99213- 3369 Spokane Valley, WA 99206 Attention: Marc 13. Torre - President Attention: City Clerk 20. Alternative Dispute Resolution/Legal Fees. Any dispute, controversy or Maim arising out of or relating to this Agreement, including any question regarding breach, ierminrllicon or invalidity thereof shall be resolved by arbitration (unless both Parties agree to median on) 111 Spokane, Washington or such other location as agreed to by the Parties, and in accordance with the American Arbitration Association or Judicial Dispute Resolution rules which are cie{2nled to be incorporated by reference in this clause_ The maximum number of arbitrators shall be cine in any claim, suit, action or other proceeding relating in any way to this Agreement or any c1;:i ns arising out of this Agreement, except as otherwise agreed to by the Parties. Other tha:l mediation costs, in the event any arbitration or legal action is taken by either Party against the otHr enforce any ofthc :c:4r•rns and conditions of this Agreement, it is agreed that the unsuccessful Party to welch 20.10n -}1all pay to the prevailing Party therein all court andior arbitration costs, re�lr�nerl lr rrIL} 11 fL't::, and expenses incurred by the prevailing Party, 21. Entire . reement; Amendment. This Agreement constitutes the entire agreement [1np tin.: 1'ai-1 ics concerning the subject matter hereof and sLrper r digs all previous communications, agreements and understandings, whether oral or written. ;�±lll rr4. the Parties. This Agreementnzay not be modified. in \'.hole or it part, except reboil uii;ll'llllli3ll,i approval of the Parties and by a writing siiglied by all the Pail 22_ Advice of Counsel. This Agreement was negotiated at arms -length with each Patty receiving advice from independent legal counsel. 23. No third Party Beneficiaries. This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns, and no other person will have any rights, interest, or claim hereunder or be entitled to any benefits under or on account of this Agreement, whether as a third party beneficiary or otherwise. 24. Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this 4reement and this Agreement shall be construed as if the invalid illegal, or unenforceable provision had never been contained in it. 25. Governing Law. This Agreclrk.w.. ;end all amendments or suppler]lc'.nts thr.rcto, shall be governed by and construed in accordance with the Laws ofthe State ef' dasl_ingto 7. 26. Counterparts. This Agreement may be executed in two or more counrterparts, c.:i. i of which shall be deemed an original, but all of which tc ;eitrcr shall eonstitilte one :ir:d the carne instrument. Page 10 of 13 IN 11`Ii ES "It k,I 1:{}I tllt 1'irtics ent4-: into this f rah r7 :r :1 ii?97i1i' iepic;cht:t, tIKit he or till, lids berm dHv i i ri7,0d to filo.'] 111.0 this ky t.. r.2 Party on lAtia. hcl�q ! i' i1 i inliikxtt'd that the pc,-t:rrr is signing. l t ' OF SPOKANE VALLEY SUNSHINE DISPOSAL, INC. By: By: Name: Michael Jackson Name: Marc B. Torre Title: City Manager Title: President Date: Date: ATTEST By: Flame: Christine Bainbridge N itle: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM; By;>' Name: '1'7) Citle: + Dice tri Attachments: Exhibit A —Map of thc City or Spokane Valley, WA Exhibit 13 —Copy of Tariff No. 7, tJ-199 Page 11 of 13 Exhibit A — Map of the City of Spokane Valley, WA 71) City of Spokane- -. Ski r#r Ave Third Ave 01- City of 11,24 Buckeye Ave 1{nox Ave Welles le` Aw 1q Ave -I t i— C� } ApP4ay 81vd e a Sprague Ave Ya Ieyway Ave rC City of sd Liberty Lake F� with Ave Eighth Ave i - ie9 ? '7 sj 24th Ave fE i th fr..ve A3) 32nd Ave Sp kine City of Spokane Valley 0 1).5 1 2 t fires Exhibit B — Copy, of Tariff No. 7, G-1.99 RRC[iIV1 [) AUUUST 18, 2014 WA. UT. & TRANS. CQMIVI, ORIGINAL. TC.i-141.3140 SUB 8/221141 1 Revised Title Page Tariff No. 7 Cancels Tariff No, of Sunshine Disposal, Inc. 9-199 (C) (NameiCerlllicate Number of Solid Waste Collection Company) dba Suri hIne Disposal & Recycling -- Iracta name of olid Waste Collection Company) NAMING RATES FOFt THE COLLECTION, TRAM S POFITATION, AND OISFOSAL OF SOLID WASTE, AND IF NOTED, RECYCLtN(i AND YARDWASTE IN THE FOLLOWING DESCRIUED TERRITORY; (i+ilora-.k this midi applies in only aporiron of a aarir aiifs ccniricarff arllrneily, a neap aecunlviydepiciing Ilia area in wl>ti4h OW tariff appiks nrsrsr be airrrelreci ea this iariirA) See Appenc ix A • Permit Copy and Map Name of person issuing !aril Jahn LI©ytJ (C4 Mailing address of issuer; PO BOX 13369 (C) Oily, Slalef7ip Coro Spokane Valte , WA 99213 Tclept'or11 Number (5091921-561+0 FAX number, if any 15091 252-9060 (C) C•n3e11ederass.ifany: .t.)t11iI it:-,i:1:i?.inc:clis{autsal.t.ent (C) F3lfirlal IJTC req i$rls tat lalarnaation regarding consumer questions 0rtdror complaints should he referred to 111,u i©ilownlp company representative. Nemo: John Lloyd Two. Chief Financia! Officer nom' 1(5Q j 924.5674 6 matt: -I i_ Kf sunshinabisbasn1,ca,u G) Rix (SGB) K2-906© (C Issued by: John LICiyd Issue dale: August ie. 2014 Elf aCtive Gala: October 2, 2014 Docket No. (Fn r 01.1,Vait1Se Qnfy.' FOR C)!Y`1C 1,•l1- [: A'1. Date: ey: Drac•kctl: T(; -f l /40 .4.2enclir Oak': 'c rrcrrirac'r 24, ?ta1.P sjle'c-ilve /Nile,. ( c1, Tr 2, 2014 R CI IVE() AUGUST 18, 2014 WA, UT. & TRANS COMM. ORIGINAL TQ -1431f10 Tagil! No. 7 Company Narne1Permit Number: Sunshine Disposal, Inc.- 3.1998 Registered Trado Narnc;s Ciba SUnslthle Ola osal and nen clip 16 Revised Page No. 2 CHEEK SHEET All pages conlairred In this iarifl are listed below in Consecutive order. Trig pages In the !aril[ ertdior any supplements to 1h0 tariff listed an this page have issu® dates that are the satne as, or are berme, the issue dale o1 this page. "C" in the revIsI n column indicates an original page. Page Number Gillen! Revision Title Page 1 216 0 3 0 4 0 3 0 6 2 7 0 3 0 9 0 10 0 11 0 12 0 13 0 14 1 15 0 16 0 17 0 18 0 19 0 20 0 21 0 22 0 23 0 24 0 25 0 2G 0 Rage Number Current Revision 27 0 20 0 29 0 39 0 31 0 32 0 33 0 34 0 3!i 7 36 0 . 37 0. 30 0 39 0 40 0 41 0 42 0 13 0 Sttuplamenls n1 Efieci ?a0o Number Curren! Revision Issued By: John Lloyd isstro Date: August 10, 2014 (For Official Use OnJ', l Docket No. TG- Date! Ef recti a. 1@;) • ' 04' 004110' Dab!: SL'f}1€'JJJJ9c'1' 2. 112. OA 131M CFIV F JCL 12, 2006 WA X1`1. 'MANS. COMM. ORIGINAL 1'G -O61142 Tariff No. 7 Original Page No. 3 Company Name/Permit hluinber: Sunshine Dispose&, Inc. - G00010913 Registered Trade Nantes) dba Sunshine Disposal and RccydhIng index of Items in This Tariff - see next item for list b opic Item 6 Taxes item 10 Application of Rates -- General item 15 Holiday Pickup item 16 Change hi Pickup Schedule Item 17 Refunds item 16 Billing, Advance Billing, Payment De&Ingtency Dates, Lela Charges Ram 20 Definitions Item 30 Limitation of Service Item 40 Material Requiring special Equipment, Precautions, or Disposal Item 45 Material Requiring Special Testing andiorAnalysis Item 50 Returned Check Charges Item 51 Restart Fees item 52 Redelivery Fees !tern 60 Overtime Item! 70 Return Trips Item 80 Carryout Service, [hive -iris Item 90 Can Carriage, Overhead Obstructions, Sunken or Elevated cansfunits Rein 100 CardUntt Service, Residential - Residential Curbside Recycling - Residential Yardwasle Service Item 120 proms Item 130 twitter Reccptacbs - Litter Toler& Item 150 Lose aridfor Bulky Material Item 160 Time Rates Item 202 Application of Container and!!cr Drop Box Rates - General Item 205 Rall -Out Charges - Containers, Automated Carts, and Toters Item 207 Excess Weight - Rejection of Load, Charges lo Transport item 210 Washing and Sanitizing Containers and Drop boxes Item 220 Compactor Rental Rom 200 Disposal Fess Item 240 Container Service - Non -compacted - Cr mpenyowned Container Item 245 Container Service - Non -compacted - Customer -awned Container Item 250 Container Service - Compacted - Company-owned Container Rem 255 Container Service - Compacted - Customer -owned Container Dern 260 Drop Bax Service - Non -Compacted - Company-owned drop box Vern 2615 Drop Box Service - Non -Compacted - Customer -owned drop box Item 270 Drop box Service - Compacted - Company-owned drop box !tem 275 Drop Box Service - Compacted - Customer -owned drop box Hem 300 List of Abbreviafons and Symbols Used In Tariff Issuer) By; Marc B. Torre Issue Data: JLJI 13, 200G Effective Date: Se +tennber 1, 2006 Docket No. TG - (For Official Use DM Date: By: f 'f tJs ')l l f ['i (r: C "I" (mt. Y —1.-),(17-1T7-7,061142 rtl gordc; i)catc'; 0M'-30-06 1-0c. Oat 09-01.06 RECEIVLD JUL 12, 2006 WA. UT, & TRANS. COMM. OORIG1 ,`A.R,'I'G-(161142 Tariff Nib. 7 Original Page No. 4 Company Name/Permit Number: Sunshine Disposal, Inc. - 0000149 e Registered Trade Name(s) dbe Sunshine Disposal and Recyciii ,Index by topic Item Lfn Abbreviations used In tariff-- ..... .......14 1..1,1 iI.16 11 li..1.11..•,,.......•.....,.............,,....................,..,.., 300 Advance billing... ..... ,.,,..,.,..,,...I. 18 Animals... •........................... ...,.,.... ,.......,......• .,...... ........,......................... ..... ..... ,.,,. 30 Bales.•..,. ............................ .......................... ............................. 140 Billing periods authorized ........, ........ ,.....__.,........_._..,.,..,.....,..., •............., .,., 18 Carryoutservice....................,....,....,,,.................._..,..........»,....,,..._...... 64 Commercial can servlce..........................•.,...,...,.,................................,..,.......... , ,......,... 215 Compactorrental .•...,,....•.......................•......__..........,._.._.................................,.......... 220 Container service, compacted, company owned........................................................................250 ... Container service, compacted, ccrslomer-owned.....,...---•..,.....•..............•.,... 255 Container service, non -compacted, company-owned_ ...... .......... .......................... ...-.. „RI .•.I 240 Container service, non -compacted, customer -owned .... ......... .. 245 Containers antf!ordrop boxes, avallabilily{ ............ ........ ............................................... 202 Containers and/or drop boxes, general rules ..., .. ...... .... 200 Containers and:or drop boxes, washing and sanitizing .................,..• .,...........- 210 Credit due the customer......_...,.............,.•........................................... 17 Carnage to customer properly... .....,.., .....•.. 30 Definitions....... ....._.. , ..... ................ ..... ............. ................ ...... ....... ................•-- .,...........• 20 Delinquency dates. ...........................•.,....,,... ....,...•.•...,..,.....,.,, 19 Disposal fees.._ ...•.....,.,......,..,,..........,.... 230 Drive-in service-_..., .,.....................................,..,.,.,...•.,..........•.•....,.....,.,.,,......,.. 00 Drop -box service, compacted, Company-owroed,.........,.............................,.,.,.......,......, 270 Drop -box service, compacted, custamor-owned........... 275 Drop -box service, non-ccampaoted, company--awned...,...,........................•.,,.,..,,,260 Drfp-box Service, non -compacted, custOrne$•0Wned,.,.., 5 Excess weight, rejection of load, cftar9es to transport ... ..................,....................... ,,...,.,. 207 Flatmonthly charges .......................................... .... ...... ...•---............ .,...,....•......... ......... ...,. 75 Holidaysobserved..— ....,.....— ... ...„........----.... , ..... • ••. ...............•...• ........... ..,.......,...--.. 60 Latecharges............................................................................................................. 10 Limitations of service ................................ ............... ................. ....... ............................... 30 Lille; receptacles.. ,,.--.,.,.,.....,.,,............,_....,.........................•..,.•,• 130 Material requiring special disposal ......• ................................. ............... 40 Materiel rewiring special equipment ........................................ 40 Maleriat requiring special ptecautlorts.........., ........................ r.4 Material requiring special testingfanalysls ,..I i.. 45 Continued on next page Issued By: Marc B. Torre Issue Date: July 13, 2005 Erfeclive Date. September 1, 2006 (For Offrefai Lisa Crrly) Dnckot No, TG- Date: — By; 7777777777717705 C)Nl.Y ? ;7777/7N! / Irl? rrrrrrrr !)rwr: [1S- 0-f15 !s/jct-f!)rote: 09-111-oo t{1,C'EIVEP_JUL 12, 2006 WA. E1'I'. & TRANS. COMM ORIGINAL. TG -U6[ 142 Tariff No. 1 Company NamellPertnIt Numbar Registered Trade Namels Missed pickups, weather or road Returned checks,__: Sunshine Disposal, Inc. - G30015g 3 dba Sunshine Die osal and Rec clip index bV Rock. continued Orlginai Page Nov 5 conditions...............................1.,...... ,,. ,..........•.........,.,...,,.. SO S II I Overhead obstruetibns............ .......................................,.,......,...,....,........................:....... Over -sized units— ..........................................................,...,,...,.........,, ......,._...,.....,......,,... Overtime.. ... ... , Over -weight units Redelivery fees.,,...,...............,.,..,......,,.......,................. Refund of overcharges..-- .... „ .......... ..... ..........,....,,..,,..-.,.,.. Refund of prepayments_ ..... ........ .„ ............ ....... ....... Refunds__ ..... „... ...... .... ...„ ....................................... . ... ................. Refusal to maks pickup. Residential recycling.,... Residential service r{esiri�ntial yaridwaat.......... .......... ...................,.... ,...... ................ ......... ............. ..., Returntrips. ....... ..... , .... ...... .••••-••. ......................, ......... .... ..,..._...... Roll -cut charges,....,, ,. ,... ................................__,.._.._. ,..............,.,...........,.....,...,. Stairs or slaps ..................., ......,.,... ,., ....,.,.... Sunken or elevated carslurlks............ ... ...... ........,.... Symbols used in tariff. Taxes.................................................. ............ ..........., Timerates,......„ iM, INN............................................................ ............... ................ ,.......... umile 30 50 90 a5 60 $5 S2 17 17 11 30 100 100 100 70 205 90 90 ;� 60 5 150 Continued on next (cage issued By: Marc B. Torre Issue Dale: July 13. 200,5 docket No. TG - Effective Date. September t 2006 (Fr Ofalai Use Only) Dale: BY: ira () H-1 7 7 r II(M' 'L _.. r�{• `fir r_fJr]Ji. 2 j./1t •ljtil(. Oak: 09-01-Uf RU.:F A/El) JAN. G, 20 2 WA. UT. cve TRANS. COMM. ORIGINAL NAI 1 C -12O(]46 TEriff No. 3 Number: Sunshine Disposal, Inc. - G-1919 a drilla Sunshine f)is•osal and Roo 2 Revised 'aye No. 6 Cunrpany Nar71o{Porrrit He islored Trade Nnrne(s tins kern 5 -- Application of Rales - -I'ixas Erroiily irnposintl lax: Ordinance number: Amount of talc Application (Commodities and Ierrilcry) Cly of Liberty Laltc ' 168 396 ( RI_Solid Wraslu Issued By: John Loyd Issue Dale: Januar 6, 2012 [For 0!hc al' Use Only) Docket ,�[a. TG Dale. Erfe+sliue bale: Fl®gaP0I i �J fi. �'/'./' `' ', {r` Agenda Dale: irehrtr,r+y / E}f (�df'k'11 Dale: f'elrriilry 2 l NI.}' 211046 2012 2012 RECEIVED t1U1 12, 2006 WA. UT, 8z TRANS. COMM. ORIGINAL TG -061142 This rra has rC1 added wordln Tariff No. 7 Original Page No. 7 Company Name/Permit Norther: Sunshine Disposal, Inc. - G0DO 99 R Re lstered Trade Neme(si dbe Sunshine Dis anal and lie dins Registered) Tracie hlatne(s) dtaa Sunshine Disposal and Recycling Item 10 - Application of Eales •- Genersl Rues named In this tariff cover the collection, transportation, and disposal of solid waste. When specifically referred to, rales also cover the collectton and transportation of recyclable materials andior yurdwaste. Title 81.77 of the Revised Code of Washir5Qton (RCM and Chapter 48r]-717 of the Washington AdrniniSlfative Code (WAC) govern operations of solid waste collection companies and the tariffs companies must file with thin Washington Utilities and Transportation Commission (WUTC). Unless exceptions are shown, all materials must be placed on the same level as the streets or alleys. The company may charge addilional amounts for resnonaI tees only when specifically stated to the tariff and separately shown on customer bills. item 15 -- Holiday Pickup -- Recrularly Scheduled Service When a pickup is missed) duo to the company's abseRrarrlca of a holiday, the ccrnpany will provide service, at no addilton al cost to the customer, on an alternate day. A tlst al Ine holidays the company observes is shown in Item 60. For applrcatfo;i or rates In fills tariff, the company defines alternate clay Io rr.eair the following. The following busiress day [C] tlern 16 -. Chwoe in Pickup Schedule When a company changes the pick-up date for cerllllcate area, or G portron of its certificate area, the company must notify all customers in the affected arra of that change. Notice must be Pm -de at least seven days before Implementation of a new pickup schedule and may be rnatle via maul, personal contact, or by a notice being afficed to the customer's solid waste receplaCI0. Issued By: Mari 11 Torre issue Dae: July 13, 2006 Effective Ctale: September 1 200B (ForOffrciof Used rely) Docket IVv, 1 G- Date' Ely: —TM t)f°!'1r7 r . Li 5!i t)N1. Y Agenda Role: Th' -30-0b �'•'frrr r t�+ c� Am. 09-0 i -i91 .1U1.. 12, 2006 WA..J F. c&& TRANS. COMM.. OR IG ft Ai, TG -061142 Tariff No. 7 Original Page No, 0 Company Nart7efPerrnit Number: Sunshine Disposal, Inc. - G000199 9 IRegislered Tracie nrarne(s) dba, urtshineDisposer and Recyciirig Item 17 -- Refunds Credit due the customer. When there has been a transaction Rhat results In a credit due the customer, the following apply: (a) If the amount due is five dollars or less, an adjustment will be trade to the customer's account, The adjustment roust be shown an the next regular bill, (b) If the amount due is more than "ice dollars, the customer may accept an account adjustment or may request a refund. (1) If the customer elects to have an account adjustment made, the adjustment must show on the next regular billing, (2) If the customer elects to receive a refund, the xmpany rust issue a check within Indy days of the request. Overcharges. Once a company becomes aware that it has overcharged a customer, it must provide a refund or an account adjustment credit to the customer. The custerner r1uSi be given a choice as to which option is preferred. The refund ar credit roust be the amount overcharged in the three years before the date of discovery. (a) If the customer elects to have an account adjustment made, the adjustment must show ori the next rdular billing. (b) If the customer elects to receive a refund, the company must ism a check within thirty days of the request. Prepayments. If a customer has paid service fees in advance, service is discontinued during the pre -billet period, and the customer is due a refund, the following apply: (a) .A company roust honor all requests kr refunds 4f the unused portion of prepayments, (b) 11 the customer provides a fonvarding acdrd ss to the coir -party ar one can be Obtained from the Post Office, the company muss Issue a refund check no more than thirty days following the customer's request. (c) If lice customer cannel be located ar dict not provide a forwarding address and the U.S. Post Office cannot furnish a forwarding address, the amount may be presumed lo be abandoned and is subject to the Uniform Jnclaimed Property fact after one year. issued By: Marc 8. Terre Issue Date: July 13, 2006 Effective Date: September 1. 2006 (Far Officio r Use Only) Docket No. TG= Date: By. 777? -1{ 1,4 1. VS 1` ON!. r r.i if -72171717 J' 1 I'f 2 rlgOrrir+ P)rrfc f?rti•341-06 Wei 1) te.- 09--0l-06 RECEIVED JUL,12 2006 WA. UT. & TRANS. COMM. ORIGINAL TC -061142 Tariff Na. 7 Company NamelPermit Number: Sunshine Disposal, Inc. - 0000199 6 Rei istered Trade Name s dba Sunshine Dls-osal and Rec din Orijlhial Page No. 9 Item 16 -- Bill na, Advance t3illinq, and Payment Dalinut1 erycy arts filling periori. A company may hill its cuslamers for ori , fwo, or three months of service, Advance billing and payment delinquency dates. The following chart defines the maximum period allowed for Billing period .• Mlaxi nLrm advance billing period allowed Dei nguency date May nal be less then 21 days sifter the date Iha bili le mulled One i onlh's service (monthly) No advance billing allowed Two rnantths' service One months advance billing allowed May not be until the last day of the second ITJnth Three months' service I /Two month's advance billing allowed May not be unII the last day of the third rnontlh Tho billing period criosen by the company oparoling under this tariff for its residential solid waste accounts is: Monthly Issued By: Marc B. Torre issue Dae: Jul 13, 2000 Effective Date; September 1, 2006 (For O(Jcfal Use Only) aockel No. IG - Date; By: 1,1M f )!.1-'1('1 r 11... USE ()A'!_ Y I)ocl, .r: n1%061142 f},rrt1a11r !Jrde: 08-30-06 1:'!!r`r•rive !Jaw: 09-111-06 RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG -06 i 142 Tariff No. 7 Crlrjinal Page No. V) Company Name/Perm! Number: Sunshine Disposal, Inc. - G000199 8 Re±istered Trade Name St. dba Sunshine Disiosai and Rec Ihn� Rem 29 -- Delinilions NOTE; The definitions shown out Ma fest Tbraa pages of Mit ileal ars slaridrrrrl, in rnosf arses prescribed by rade. Camp-0gs may rro( anaerrd (hese rfefrrrRforrs, =cool to 9i la Maws forrne,rfrraurn wefgfrrs of varrorrs recapfacfes. Companfas ;}string 16 ;add rfeffnfNorrs zpeclfic to Mkair cOmparry's oprrrafiorrs arils, irrcfudc Mose deiiMion Op a S erfer per, enrfrfed "company - so sac ," AWank Ober fsfarovlcfedfor ar purpose._ Bale: Material compressed by machine and securely tarped or banded. Balky materials: Empty carriers, cartons, boxes. crates, etc_, or materials offered for disposal, allot which may be readily handled without shoveling. Charge; A set flat fee for per -twining a service, 01, the result of multiplying a rate for a unit limes the number of units transported. Commercial billing: Service billed to a commercial customer or billed to. and paid for, by, a property manger cr owner rather than a rosieenlial tenant. Compactor disconnects reconnect charge: A flat fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped, and thea reconnecting the compactor when the drop box or container is returned to the customer's site Gate charge A flat fee charged for opening, unlocking, or closing gales in order to pick up solid waste_ those material: Material not set out in bags or containers, including materials that must bc shoveled. Muiii.ramlty residence: Any structure housing two or more dwelling units. Packer: A device or vehicle specially designed to pack loose materials. Pass through fee: A fee collected by a solid waste collection company on behalf of a third party when the fee is biI'ed directly b the cuslorler vntltout markup or rriarkclowrr. Permanent seavice: Container and drop -box service provided at the customer's request for more than 90 days. Rale: A price per unit or per service. A rate is multiplied times the number of units transported or the number of times a service is performed Co determine a charge. Sad Vdaste receptacle Inei^rites the renewing Items, with the following meanings: Autamatacl cast means ri cal desigrreci to be picked up and emptied by mechanical means. The specitic type and size are to be defined in rate items. Continued on neat page Issued By: Marc B. Torre Issue Date: Jul 13. 2006 Effective Date: Se•tember1, 2000 (Fur 06io►af Use Ortiy) Docket No_ TG- Date: By: FT)/ (E 1.I('Mi. 0,L5 }r cr. r-fift�F l? Agvort?rf 618-30-G6 0-fJt Liikc kye Pah,: 0-01-06 RECEIVED JUL 12, 2006 WA. UT. L4& TRANS. COMM. ORIGINAL `1'C:-061142 This page hasffil added wording in two places Tariff No. 7 Original Page No, 11 Courpany Flame/Permit Number: Stinsliina Disposal. inc.-G000190 13 Registered Trade Name() tIbo Sunshine Disposal and Recycling Item 20 •- Defin:lionsntirnued Solid waste receptacle, canl'tl: Can means a receptacle made of durable, corrosion -resistant, nonabsorbent material that is watertight, and has a close -tilting cover and Iwo handles. A cen holds more than twenty gallons, but not more than thirty -Iwo gallons. A can may not weigh more than G5 pounds wen filled nor more than 12 pounds when empty. Cart mems a wheeled plastic container. Acari may also be referred to as a toter. if supplied by a customer, a cart must he compatible wilh the company's equipment. The size and type of cart that is compatible will be established in each company's tariff. Container means a detachable receptacle (normally designed to hold at least e cubic yard of solid waste) from which materials are collected by mechanically lifting the receptacle and emptying the contents into the company's vehicre Crop box means a detachable receptacle tined to provide solid waSte colieclicn service by the receptacle being placed on the company's vehicle by mechanical means and transported to a disposal site. Drum means a Metal or plastic container of approximately fifty -flue gallon capacity, generally used for oits or solvents. A drum may nal weigh more than pounds when filled. Litter receptacle means a container not over sixty -gallon cnpacily, generally placed in shopping centers and along streets or highways for litter, A litter receptacle may not weigh more titian pounds when filled. Micro -mini can moans a can matte of durable, corrosion -resistant, nonabsorbelrl material that is watertight and has e close -filling cover. A micro -mini can may not ifolrl more than ten gallons. A micro -mini can tray not weigh more than pounds wtieti filled. Mint -can means a can made of clurebte, corrosion -resistant, nonabsorbent nlateriat that is watertight and Inas a close -fitting cover. A mini -cap may not holt) more Than twenty gallons. A rnirti-can xray nal weigh more than 20 pounds when filled, nor weight to exceed 35 pounds, Recycling iiln or container riieans a bin or container designed or designated far the coke:lien of recyclables. The size and type of recycling bin or container will be astabli+Fred in each ccrnpany's lard'. Continued on next page tcJ LC2 Issued By: Marc B. Torre Issue Dale: July 13. 2006 Docket No. TG - Cffeetivo Date: Sopternber 1, 2003 (Fora/Wei, Use OoJy) Date: Sy! ,C()1? (a!'1 x('1.11. USF ! ll'1. Y 1)ru'1,'s',`: 7(..f1Ujl1.12 ,,igcilrlrt am:: rit's`-?fi-f)( t )rrlc: 09 01-(i( RECEIVED JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG -061142 This page has C1 added wordinc two places. Tariff No. 7 Original rage Na. 12 Company Name/Permit Number_ Sunshine Disposal, inc, - GMX1199 f3 Registered Trade Name s) dba Sunshine DisToss' and Reycling Item 20 IDefinftolts, continued: Solid waste receptacle, csnt'd: Toter means a wheeled plastic container. A toter +rMrry also be referred to as a cart. If supplied by customer, a talar must be compatible with the company's equipment. The size and type of toter that is compatible will be established in each company's tariff, special pick-up: Supplement: then means a receptacle mode of durable, corrosion -resistant, nonebworbent material, that is wsterf'ght, and has a Close -fitting cover and two handles. A mil hntd$ more than twenty gallons, but not more than thirty-two gallons or four Cubic feet. A unit may not weigh more than 65 pounds when filler!, nor more than 12 pounds when empty. Where agreed upon between the company ar,d tine customer, and where allowable under local ordinance, a box, carton, cardboard barrel, or ether suitable container may be substituted for a solid waste can, for a singta pick-up Chat ir,chrdes renioval of the container, Ir It meets the size and tiveiglit limits established in the company's tariff, as described in the precedrng Daregraph. Yardwasle bin or container means a bin or container specifically designed or designated for the collection of yorclweste, Each company's tariff will refer to d specific type or yardwaste bin or container to be used in a service area. The type, size, weight etc., of this type of bin or container will often be set by total government pians or ordinances. A pick-up requested by ilia customer ala lime other than the regularly scheduled pick-up time, that requires the special dispatch of a truck. if a special dispatch Is required, tine company will assess lime rates established in the company's tariff, as Shown In Rem 160. A pogo added to l he beginning of a tariff, normally to cover emergency, lern)oraoy, or specie" situations. Art exanipla is a page issued in shade special surcharge unposed by a city. Temporary ser -Vice= Temporary service means providing container or drop -box service at the customer's request, fora period of ninety days Of legs. Unlatching Another tern~ for a gate charge. A flat fee imposed by a solid waste collection coinparry Whoa the oompaisy's personnel must unlatch a gale or door lo perform pickup service. Urttcx king: A flat fee imposed by a solid waste collection company when the company's personnel must unlock padlocks or other lacking devices to perform pickup services. (C1 (Cl Issued 6y: Marc B. Torre Issue Dale: July 13, 201M3 Effective Date: September 1, 2006 r-crOl Mal Use Dirly) Docket Nn. FG - Date: By: (/1k 'l.41. 1000;0: Thr` -i f 42 rl gerrrlrr Odic: f)X-.fel-(ilr NJ tfivc' f)trlc: 09 -61 -fait RECEIVIM .[UL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL 'I'G-061142 This pale has [CI added wording for one company-snec Jic Rion. Original Parr No_ 13 Tariff No. 7 Company Name:Permit Ni rfbet: Sunshine f7isposel, Inc.. G000199 F Registered Trade Nalneis db i Sunshine Disposal anal Recycling itnin 2 OelinCtInns, conlfnlleti Company -specific definitions; Compacted Material: Material that has been cornpresSe'J by any mechanical device either before or after it is placed in the receptacle by the solid waste company. I��unai Fy Marc Ci. Torre Issue Dale: July 13, 2006 (For O.rtroled Use Only) Docket No. TG. Data cc Effective Date: September I. 2006 By: f '(Jf+ O1'11(1.,11_ &IS) ONf, }' flrickei: UI 1 i�r3 nel:r t rade: 618-30-46 41fi!edv, i)rrk : (19-01-194 RECEIVED VEI) S1 I'. 3, 2013 WA. UT. & 'TRANS. COMM. TC -I31647 S 1 J NUJ Tariff No. Cin any i~*ame/Permit Number: Sunshine Disposal, Inc. 0-199 Registered Tracie Names) drtoia Sunshine Disposal and Recycling Revised Page No. _ 14 Ilan 3 t imitations at Service 1. Schedules. P company's schedule will meet reasonable requirements aitid will comply with local service revel ordldiances. 2. Due care. 011ier than to offer reasonable Gare, rhe company assumes no responsibility lar articles lett on or near solid waste receptacles. 3. Liability for damage. When a customer requests that a company provide service and damage occurs lo the customer's driveway duo to reasons not In the control of the con -pally, the company will assume no responsibility for the darrrage. 4, Refusal bl seruicE:. (Excel as set forth in Section 5, Palissed service due to unsafe weather con[litions road cpndillortis, natural disaster or when government authority restricts access to local roads.) A solid waste collection contemn may muse to: • Collect solid waste from points where it fs Itfi ardaus, unsafe, or dangerous to persons, properly, or equipment to operate vehicles due to the candilians o1 streets, alleys, or reads, a Drive into private properly when, in the company's judgment. drivew€rys Of roans are improperly ooitslrtrcted or maintained, de act have adequate turn•7rounrJs, or have other unsafe conditions: ar • Enter private properly to pick up solid waste while art animal considered Or feared to be dangerous is not confined. The customer will be required to confine the animal an service days. 5. Missed service due to unsafe weather cencttllons, road conditions, natural disaster ar wharf government authority restricts access to local roads, A company is nal required to nailed solid waste when the company deterrmines !hall! is urlsele to operate due lo weather conditions, road cenclrtians, natural disaster. or when government aulhorily restricts access lo local roads. The company will collr. l 411 Iha net scheduled service date an which the company deems it is sale to operete, arid will hike other reasonable aCIIons lo resume or provide alternative service as s0or1 as reasonably practicable. a. The company is not oioligated tc extend area to customers for missed service it Ihe company collects Ilse customers' accumulated solid waste on the next scheduled service date on which the company deems It to be sere lo operate. The company will not charge for exlra waste set out (except provided in hem P07, if applicable) in addition to customers' normal recepteeto(s), it Ih amount of extra waste does not exceed the amount that reasonably would be expected to accumulate due to missed service. b. If the company does nal collect a customer's accumulated solid waste on the ileal scheduled service date on which the company determines it is sale to operate, the company is required to give a credit, proportionate to the customer's monthly service charge, for all niisSr_d service(s)t. Issued By: John Llcyd Issue Date: September 3, 2013 Effective Dale: October20, 2013 (For D/liciaf Use Onfy) Docic t No Tf3- Dale: By: P(•)I 0E0(14 r. 1,si'. (;/ r1. y 1 rrr 4c r: J7r.-. 10.11 Agenda 1JrrIC'.' (ir'iefee• Jfr, }(i1; ii:Vi"r'(lie 17(ffe: ()cinflel 2.. ?iiia Rrcrovtin JUl, 12, 2006 WA. UT, & TRANS. COMM. ORIGINAL TG -Q611412 Item 60 h€ra FNl one new char( a. Tariff No. 7 Original Page No, 15 Company Nam&JPermit Number: Sunshine Disposal, osal, inc. - G0001190 B Registered Trade Names dba Sunshine Disposal and Recycling Item 40 -- Ms Ierial f;onpirincl Special F�mrio ne_nt. Precautions, or Disposal Transportation of solid waste requiring special equipment or pre:.airlions in nandlInp or disposal will be subject to lime rates named in Item 160, or to other specific rales contained In itris, Iariff. Companies must make every effort to be aware of the commodities that require special handling al iiia disposal sites named in the company's tariffs. The company shall maintein o list of those commadilir3S and make it available for public inspection al the contpar'y's office. Item 45 -- Male* Remiche Epee's! Testing a.ndlcr Analysis When a solid waste collection company or disposal facility determines Iliac testing andfor analysis of solid waste is required to determine whether riangerous or prohibited substances are present, the actual cast for such testing alicit r analysis twill be paid by the customer. The company mull provide the cuatamer Mil a copy of any bill or invoice for costs incurred for testing andror analysis ant. also mast retain a COpy in the compaii s tale for at Ieesl throe years. Those costs shall be passed !!Hough to the customer twilhout markup- The company must maintain records of time spent to acCerrlplish Ile special lesiing andfor analysis, and may bill the customer for that lime carder the provislorns of item 160 (Ztrne Rales), item 50 -. Returned Check Charges Raturnod Chock Charge. If a customer pays with a check. and the customers bank refuses to honor tltat check, the customer .4111 be assessed a return check charge in the amount of $26,00. [NJ Issued By: Marc B. Torre Issue Dale: Jul 13, 2OO6 ElfeclIve Dalry September 1r 2006 (For Official Lis o Orgy) Docket No. TG- Date: By: TT. -, .777707717717 ff)11rL }. ear. ,. r i_r-11 f P tf 4 l,Fd' 11 chi Ark.: 0-36-06 ati•c iivw !]crfc', 09-1) I -06 RECEIVED JUL, 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL TG -06I 142 Tariff No. 7 Company Narne(Permit Number. Sunshine Disposal, Inc. - G000199 B Re+islered Trade Mame s dike Sunshine Dis.out' and 13ec clin Original Page No. 16 horn 51 Restart Fe9s Transpertaticn or solid waste requiring special equipment or precautions in handling or disponi wit be suIJJect to litre rates named in Item 160, or le other spucilic rates ccnlalned in this tariff. Companies must make every effort to be aware of the commodities that require special hiandling al the disposal sites named In the company's larifIs. Thie company she I maintain intain a list of Inose commodities and make it available for public inspection at the carrapany's office. When a solid waste colleclion company or disposal facility determines that tr sting andror analysis of solid waste is required to determine whether dangerous or prohibiters substances are present, the actual cost for such testing and/or analysis will be paid by the customer. The company must provide the cus1orner with a copy of any till or invoice for assts halved rot testing and/or analysis and also must retain a COO In the company's Rile for at least three years. Those costs shall be passed Through to the customer without markup. The company must maintain racords of time spenl to accomptlsh the special testing ancIIor analysis, and may till the customer for that lime under the previsions of Bern 160 (Time fates) i lel1L32. -- Redelivery' Fees Companies assessing redelivery fees must describe when the fees apply. and must stale 1he amount of the fees In tt+is item. issued By: Marc B. Torre Issue Dale' Ju S3, 2006 Erfeutive ❑ale' Se (ember 1 2003 (For Official Use Oriiy) Docket No. TO- Date. By: 1,1r,c1-. f'C-!i(i' /4? Pmcw rr Owe: (M - Nil ffecifl'c' k)ctk: 09 -n1 -fir, RECEIVED JUL 12, 2006 WA, IT. 8.L TRAINS. . COMM. ORIGINAL TC 061142 Tariff No. 7 Item 3O hes (C, added wonting In two laces and V5.1 an increase Irl clrar;fe, Company Nen-le/Permit lumber: Ftejislered Trade Name(s) Sunshine Disposal, Inc. - 00010109 f3 dba Sunshine Disposal and Ro cllrti Original Page No. 17 Item 55 — Daer•sized or Over -weight Cans or Units Tho company reserves the right to refect pickup of any residential receptacle (can, unit, bag, nfini•can, or or rnicro•mini•csri) which, upon reasonable inspection exceeds the size and weight limits Shown in iItem z0. If 1ha receptacle meads the site andfor limits staled in Item 20.13 overfitted, Gr the top Is tunable 1a be closed, but the company transports the materials, (he following adds conal cfyargoe will apply. $_ per NOTE: For chargres appfylrfg Oft oveirw9ight roisrs. Cans. coolOoiner$, orcifoa boxes see item 207. diem 60 Qver.lirirorf Perilac_sa Companies will assess .additional charges when providing Services, at customer regcresl:, during overtime periods. Overtime periods inctude Saturdays. Sundays, and the following holidays: New Years Day (January 1) Memorial Day Independence Day (July 4) Labor Day Thanksgiving Day Christmas Day ( December 25) When a holiday listed above fails on Sunday. the Following Monday will be observed, When a holiday listed above falls or7 Saiurday, Ihe preceding Friday shall be the legal holiday. Time is to be recorded to the nearest incre mer1l of 15 minutes from the time the company's vehicle leaves the twinkle' ppiil the time it returns to the terminal. No addillonal change will ha assessed to customers for cve-lime or holiday work performed solely tor the company's convenience. Charge per [om- Mifilr►Un1 charge: $ B5.00 Truck owl one cirlvar Issued Ely: Marc 13. Torre Issue Date- July 13. 2006 Bickel No TG,, (1 [C1 L�7 Elfeclive Date: September 1, 2406 (For Officio/ Use 0 dy) Dale: By: poi,' )i C?f'1-U 74). USA OW.): 1Jt14"kt1. TG -M1 1 02 rI Pcfleitt Reel : 08- 30-1.0 Jt:/ r l i s Late: 09-01 • 06M RECEIVED .11JI. 12, 2106 WA,. UT. & TRANS. COMM. ORIGINAL TC -061442 Ikon 70 has [A] ono incroaae In charge Tariff No. 7 Original Page No. 1B Company Name/Permit Number: Sunshine Disposal, Inc. G000199 8 Registered Trscle idarne(sdha Sunshine Disposal and ctin i Nein 70 -- Return Trips When a company is required to make a return hilt, that sloes not require tate special dispatch of a Irrick, to pick up m2teriat that was unavailable for collection for reasons under the control of the customer, the following additional changes. per pickup, will apply: Type of receptacle Rate tor Re!LJrll Trip Can, rrrril, nrirni-can, or micro -mini -can $ C7rurn Bare .... $ Litter Receptacle .. tamp Box $ 45.00 [A] Container ,....,...... $ Toter, gallons $ Toter, gallons $ Recycling containers Other $ Other NOTf•: return lrlps roquiring the Special dispatch of a truck are considered special pickups and arc charged for under the provisions of Item 166 (Time Rates). issued By: Marc 8, Torre Issue Dai: July 13, 2006 Effective Date: Se tember 1, 20076 (For Official Use Only) Locket No. TG- bate:: By. !•'CJI? (J •'1•'!(''1}i11. US) ONLY /Jr1r'+1a`r, M-1.161 /42 A garde Mk: ll '-.fi044 117(lf e live 01 f)+J—rJI-ri1 RECEIVED JUL 12 2006 WA. UT. & TRANS. COMM. ORIGINAL TG -061142 Tariff No. 7 Company Name/Permit Number: Sunshine Disposal, fnC. - GC00189 Registered Trade Name(s) Oba Sunshine ❑ sposal and f�ecyclrrLg lem75--FlatMon47 liar es Original Peoa W. 19 This rule applies In connection with Items 120, 130, 240, 245, 250, 266, 260, 265, 270, and 275. A flat monthly charge may be assessed if computed as tallows: 1. If weekly service Is provided: Multiply the rale tirnes 4.33 and Ilten multiply that figure limes the ntrrnber of units picked up, 2. If every other week service Is provided: Multiply the. rete limes 2.17 and then multiply that figure limas the number of funds picked up. 3. For Iterns 240. 250, 260, and 270: For permanent, regularly scheduled pickups, a flat monthly charge may he assessed if computed as follows: a. For weekly service, each container provided: i_ If monthly rent Is shown: monlhly rent plus (4,33 limes pickup rate tunes number of pickups per week) ii. If monthly rent is nol shown: 1st pickup rate plus (3.33 times additional pickup rate) plus (4,33 times additional pickup rale limes additional weekly pickups). b. For every•other week service, each container provided: 1 If monthly rent Is shown: monthly runl plus 12.17 tittles pickup rate times number of pickups per week) ii. If monthly rent is not shown, 1st pickup rale plus (1.17 times additional pickup rale) plus (2.17 times additional pickup rale limes additional weekly pickups), Issued By. Marc B. Torre Issue Date: Jut 13, 2005 Effective Date: Se niter 1, 2006 (For Official Use Only) Date: BY: Docket l+fG. TG - Pt WI )T7 /( ///:}' • Irl r,.fvl; 1 /iI ' .),si"Irrfcr /), It . flys-_fir!-II( J,(Jr�clrr c 1.}irrr:: rid -r/ rl RECEIVED JUL 12 2006 WA. UT. & TRANS. COMM. ORIG11NAi. TG -061142 Tariff No. 7 Company Name/Permit Number: Sunshine Disposal, Inc. -G000159 B Registered Tra3e Naina(s) dba ,Sunshine Disposal and Recycling Original Page No. 20 Ikwr -- Carty -our Service Drive-ins Companies widi assess the following acldildonaJ charges when custorr.ers request that company (personnel provide �. -- Char a for Car -outs Cans, units, mini -cans, or micro-rnini MIS that must be carried out over 5 feet, but not aver 25 feet. Rake Residential Per Unit, Per Pickup Commercial Per Unit, Per Pickup Drive-in on driveways of over 125 fee% bill less titan 254 feet For each additional 25 teat, or fraction of 25 feet. add NOTE: The company may elect to drive In at the rates shown wave, except the charge will be limited to one can, unit, mini•can, or micro -mini oar. If cans, units, mini -cans, or micro -mini -cans are carried over 125 feet, but are safely accessible to the company's vehicle, the drive-in charges shown below most be assessed instead. Charge for Drive-ins (per pickup) Rate Residential Per Unfl, Per Pickup Commercial Per Unit. Per Pickup Drive-in on driveways of over 125 fee% bill less titan 254 feet Drive-ins on driveways of over 250 fact. :arit fess than 1/10 mile' For each 1/30 mile over 1/10 mile NOIR: Far the purpose of assessing drive-in fees, a driveway is defined as providing access to a single residence. If a driveway provides, access to multiple residences or accounts, rtiv drive-in fees will be assessed. Issued Dy: Marc a. Torre Issue Date: July 13, 2J5 Elfecliue Dale: September 1. 2C:'13 (For Official Use Cary) Docket Nlo. TG - !''UR 01.'0( 721, USE ()A L Y f.]c:c Ltr: Tf -tN5 / 14 2 Agent 'a f )irt '; 118-- O,Fl6 Eiketive Dole.- ole.- f?). -/..(6 RECEIVED ,iu , 12. 2006 WA. UT. & TIZA S C li i1 M. [ RI.G1r AL TG -061142 Tariff No. 7 Company NamelPermit Number: Re<,ilstered Trade Name(s) Sunshine Disposal, inc. Gt?Q010 B dha Sunshine Disposal and Reyclin Item 90 — Can Carriage •• Special Servicos aric�inal nage No, 21 Service Rate Residential Per Unit, per Pickup Commercial Per Unit, Per Pickup Stairs or steps -- for each ste),±up or do'run Overhead thstructions -- fa, each overhead obsiructian less thei B feet f'rcn, the ground Sunken ar elevated cans/units -- for carts, units, mint -cans, or mitre-miacans fully or partlerlly urldergrorind or over 4 feet above ground, but riot Involving sieirs or steps Issued By° Marc B. Torre Issue Date: JO, 13, 2006 Docket No. TG - flective Cate: Se+ternber 1, 2000 (For Official Usa Orly) Date: • HY; �7Tf"a��17�°•irZ"i":?7�"�` ' f 1x1'1. !' 1+)2 /Would uld f.l oto: 08-20-1,14 k:/kurivc' flaw,. O9 -01-0r RECEIVED JUL 12, 2006 WA. UT. & TRAINS. COMM. ORIGINAL `1'C --O61142 Tariff No. 7 Company Name&Rermil Number: Registered Trade Name s dba Surrshirte Das Oral and Ree ciirl� item 100 -- Residential Seryice -- fa tonlhicRetes jcor lirlued ani next panel Sunshine Disposal, Int. - GQDfil9l B Rales in this item apply' Original Page NQ, 2 (1) To solid waste c Ilectlan. curbside recycling (whop note0 and yardwaste services (where notr r1)i for residential properly.. Tills includes single Family dwellings, duplexes, apartments, mobile homos, condominiums, etc., where service Is bll:ed directly to the occupant of each residential unit, end/Pr (2) When required by a local government service level ordnance, solid wasto collodion, curbside redycling, and yarrdwaste service must be provided far single-family dwaltings, dtrplDkea. rnobile Names, condominiums, and apartment buildings of less than - residenIiai units, ►here service Is billed to the property owner or manager, Rates netaw apply in the following service area: Omni)of d Veils Dr Ty}+q pfCvnlairier s Frequency of ervicc Onrbaga SePrlte r nle lacycln '1m -chromic. SeGvice Ser vice, Rale n:yle Number of UN's or Type 111 Fra itioncy of Service Gorlgige [lacycic Service Seavine Rate Rala Frcqurney or Service Cache: W'G=Weekoy Garbnge; Eq}NC-Ewory 011ier Week Gnrbine: MGvMO illilyr Garur,ge 1VP-Wcek.ly F ccycI 1: EOWR=Evary(Aber Week rtctyrrlino; fecyeimp; liol el elm used bytompnr‘v. Nate 1: Description/rules related to recycling program are shown an page Nota 2; Doscriptioi'Irures related to yardwaste program are shown on page Note 3, 1n acldilion lo the recye1ng rates shown above, n recycling debit/credit of S . _alalrliea. Recycling service ri tris on 1hIs pug exptta on: Issued By: Marc B. Torre Issue Late: Jul 13, 2000 Effective Date: Se ]teinlrer i, 2006 (Far. Official Use Only) Docket No. .10 - Date: By: f)r cAcit. 7Y1-051 /-r2 Agolrlrtf)crfc: (M-f4)-f11a 1s fr�r'1ri'{' !irrrc. 09-0/,4(5 RECEIVED ,JUPI 12, 2,006 WA. LIT.8z TRANS. COMM ORIGINAL '1G-061142 Tariff No. 7 Original Paye No, 23 Company Name&Permil Number: Sunshine Disposal, Inc. -G000199 S Registered Trade Narne(s) dbaSunshine Disposal and Recycling Ilartii 100 -- Reineat Service -- Monthl gates coi uecl from �rew!ous 0 Note 4: Customers will be charged for service requested even if fewer unfits are picked up on a particular trip. No credit wilt he given for partially filled carts. No credit will be given if customer sails to set receptacles out for collection. Nolo 5: For customers ern automated service routes: The company will assess rollout charges where, due to circumstances outside the corlrol of the driver, aro driver is required to move an automated cart or toter more then feel in cirJer to reach the truck, The charge kr this roll-out service Is: $ per cart or Toter, per pickup. Note 0: "The charge for an occasional extra residential bag, can, unit, toter, mini -can, or micro--mini-can on a regular piokrlp is: Note 7: Type of receptacle Rate per receptacle per pickup 32 -gallon can or unit IS Mini -can $ tdl'rcro-niinican $ 63-cialion toter $ EL -gallon toter $ Bag $ CI her $ Ciller $ Customers may request no more hen one pickup per month, on an "an call" basis, at $ per Canlunit. Service will be rendered on the normal schedured pickup day for the area in which Lite customer ree„ides. Note: IF ustonier requires service to be provided on other than normal scheduled pickup day, rates for special pickups will apply. Issued By. Marc B, Torre Issue Dale: Jul 13, 2009 Effective Date. Se . t orneer I, 200S (For Dfl?eief Else Only) Docket Na. TG - tate: By: }` [ 7!i Oi''lI(141,1. I (Pet Y rJi14-/1 r($-Nrirlfr2 1 r: 'J I C1i r i.)i i ll".` fire. _i r' r)(a i)rric.' 69 fit -fl{ I1I CI LVED JUL 12, 20116' VA. UT. TRtAN'S. OI:B( 1NAL_,'I'G-OGt t42 Tariff No. 7 Company NanlerPernai1 Number Re islered Trade Nameis dba Sunshine DisRasal and Rec clip Sunshine Disposal, Inc. - G000109 8 Original Maga No. 24 Item 100 -- Resiclent`ra1 Service - Monthly Rats (coitilirured) Curbside recyoiing provisions shown o., this page apply only In the following service area. Following Is a ciescrlpILcn of the recycling program (type of cnnlsiners, frequency, etc.). Pragrain provider] h accordance with Ordinance No. of (name of County or City) Sireci i1 rules related tor recycling program: Issued By: Maio B. Torre Issue Date: Jul 13, 2006 E1feelive Dale: Stptcinber 1.20) (For Use Qniy) Docket No. TG. Bole: By: � fs�,' =1t �1� 5"! Mi } , PS f 114 r; =oarlr1 ! Joh': 0'3' -.3(1 [►6 Dow: r1)-/)1416 RECEIVE!) nil, 12, 2006 WA. UT. & 'I RANS. CONIM. ORIGINAL TC -061142 Tariff No. 7 Company Nerne&Permil Number! Sunshine: Disposal, Inc. -GOOO199 B 'Registered Trade Narne(s) dba Sunshine Daslaosjl sand ReCYGllnc� Oriij nal Page.No. 25 Item 1100 -- Residential' Service .. Mori* Bales { nlic^ ilea Yardwaste provisions shown on this pace apply only in the following ,orvicu area: Folk:win } is a description of the Yarclweste program (type of containers, frequency, etc.). Program provided in aceordarlea with Ordinance No. of (name of County nr City). Spacial roles related tor yardwaste progrrn: Issued By: fviarc B. Torre Issue Date July 13. 2006 Effective Cate: September 1, 2006 (For Of-Waf Use Only) Docker No, 3 - Dale. By' "-Of--1.1('J.'1-a ! • ()W Y Hit r f+r`f)? ! /42 Agenda I crfe: (Jra' .44-015 f:61.111.c !Jute: 09.. l/ -fro RECEIVED IVED JUL 12, 2006 WA. U1. c" TRW). ). C'OI' IM. ORIGINAL TC -{1611142 Tariff No. 7 Coni a ly NarneIPerniit Number: Sunshine Disposal, Inc. - G0D0199 B Reg.stered Traria Narri& s) dba Sunshine DIs.posal and Recycling Original Page No, 26 'Service Area: [teal i�75 •• Mirth -family Service • Monthly Blies ' _ CIZlions _ aaiiw�,} galrors ellons _gallons oilier ethor _ether �other h unbar or nece. facies ..,_ Fre q; i ermey of ser'ice rnirial Qelavr ry �91r ragnl Per Cay Real Par Month Pidivo Chf1rga {ace Nares 1.283) r -p c•al Pickup Charge 1 -_ Nate 1: Note 2: Mole 3: Noir: 4: Nolo 5: Mel 6: The charge included In this rale for recycling is program ere shown an page_,, The charge included In this rale for yardwaste yardwaste program are shown cn page Recycling crediUdebil (if applicable} incIudad in Customers will be charged for service requested particular trip. No credit will be given for partially fails to set receptacles out for colleuilon. The charge for Sri occasional extra residential re vial- r ICI{LI r Js: $ . Description/rules related related lo recycling to on a if Customer on a Is $ . Descriclionkules this rate Is: ever if fewer filled cans- can, mit. :Wei-, per inonlh, on the customer requites pickups rates units are picked Lip No. credits will he given mini -can, or mk:ra-inini•can T e of rete tante Rite per receptacle Per icku Type of -receptacle Rate per receptacle Per pickup 32-. allon can or unit 90•getion toter Mini•can Clner: Micro-ntlni-can 'Diner; 60 -gallon toter Cher: Customers $ may request no more than one pickup per cari unit. Service will be rendered the customer resides. Nolo: If scheduled pickup day, rales for special Recycling on an "on call" (basis, normal scheduled pickup service to be provided will apply. on this page expire; at day for the on Other a•ee in which than normal Issued By: Marc H. Torre Issue Dale: dui 13, 2008 Effective Data:• Se*tember1, 2003 Docket No. (Far Official Use Qrily) TG. Date: 6y:-•--i-'(4d4-914 ;�-N1lyy (.)A' , }' tit] et, ,r2 .�� rc»rr:uDole: f)r]-_311-lleS l:Ife•etirc Ilofc.` 09-11L-06 RECEIVED .1 _11 , 12, 7006 WA. 1.a. & TRANS. NS. COMM. ORIGINAL TG -11 [ 142 Tariff NO. 7 Company NamefPerrnil Winter Re isler'ed Trade Namefs diva Sunshine Dis, osal and Roc clin Sunshine Di.per:al, Inc. - GQOO199 5 Original Page Na: 27 Iters 105 Service -- Moninly Rales (ccnlint er4 Cnrths Irle recycling provisions shown on IIis page apply Only Irl the following service area: Following is a description of the recyclIrtg program (type of carctainers, frequency, etc.). Program provided in accordance with Ordinance No, of (Marne of Caunty or City}. Special rules related tar recycling programs: Issuc=c Qy: Marc B. Torre Iss1I!. rate: Jul 13, 2005 Effective Date: Se'tembei 1, 2006 (For Official Use Only) cocke1 Nc. TG- pate: Jf9 3 3 .,' lr4eartri (m_30-(36 i,fJrr1l1�� j_)rlre.- I. (16 RECEIVED JUL 112, 2006 WA. UT. & TRANS. COMM. ORIGINAL 'VG -0.61142 Tariff No. 7 Company NamefPermil Number: Sunshine Disposal, Inc. G000199 a Re 'stared Trade Flame s dba Sunshine D15'osel and Rec clin, Original Page No. 28 Item 1G Muiii-f .ly Service-- Monthly Rates fconlinugd1 Yardwaste previsions shown on this page apply only h the following service area: Fulfc)wing iS a ciescription of he Yardwasle program (typo of containers, frequencyt WO. Program provided In accordance with Ordinance No. of (name of County or Ditty). special rules related for yardwaste program. Issued By: Marc B. Torre Issue Data: Jul 13, 2006 Effective. Oaio_ Stpteinber 1.2006 (For Officirf Elsa arty) Docket No. TG- Date: ir,1}42 if,;emiti Owe: 6.S., -30.M5. iti{fi'r`fil't' Jute: 0-0 f -f)t'r RECEIVED ,JUL 12, 2006 WA. UT, Sz TRANS. COMM. ORIGINAL TC: -O61142 Tariff Ne. 7 Company NarnelPertnilMonter: Sunshine Disposal, Inc. - GDOC199 Registered Trade Naniers} dba Sunshine Disposal and RUG Original Page No. 27 B chit Type of Service Item 120 -- Drums Rate Per arum, Per Pick Regular Route Service $ Special Pickup Ilern f 30 -- Litter Receplactes end Litter Taters (Aistomer-owned Receptacle Rate Per Receptacle, Per Pickup $ Size or Type: Size or Type: $ Company -owner) Receptacle: Rate Per Receptacle, Per Pickup Sive or Type: S Size or Type: .5 Special Trips: Time rates Regular Route: The rolIcwiog Item 150 -- Loos and MOJA.' M serial Minimum Charge Per Pickup Carry Charge Per each 5 ft. over 6 feel fn Item 160 apply. rates apply: Additional cubic yards Rate per yard -- - 1 to 4 cubic yards Rete per yard Bulky Materials Lease material (customer load) Loose material (company load) Issued Br� Marc B. Torre Issue Date: Ju) 13, 2006 Effective Date: Sestember 1, 2006 (For Officfa! Uso Only) Docket No, 7G- ale: _.. By: FOR OR e)1-1.'1('I.rl f USE ON/. )' ir ,f2 ,al,s,otrio f )rrtc•: dld4 d1-!} �.'11eJc f; sic f);rre.: (1v-IJP-r,t RECEIVED JUL 12, 201l6 WA. UT. & TRANS. COMM. ORIGINAL 1'G-041142 Item 1a0 has A. Four Increases in char( as Tariff hrc, 7 Company Name/Penn l WV:: er Sunshine Disposal, Inc, - 0O00199 Rep.istered Trade i~tvme(s) dba Sunshine Disposal oral Recydir Original Page No. 30 B . When time rates apply. Time rates named (a)When material must be taken to a special (3) When a company's equipment must servicer due la no disability. fault, or negligence In returning to the site will be charged for: or (o) When a customer orders a single, special, to this Item. How rates are recorded and charged, Time 15 rninutes.'Time rates apply for the period from unlit it returns to the terminal, excluding interruptions. service that is in the control of the company Weeks, lunch breaks, breakdown of equipmenl, Disposal fees In addltIon to time rates. Item will apply in addition to time rales. Rates per hour Item 160 -- Tirne Rates customer's site to provide scheduled Actual whiling tune Of lime taken or when other items in This tariff refer charged for lo the nearest Increment of arida IeaweS the company's terminal is a situation causing stoppage of the cuslorner. Examples include: coffee the specific drsposarr situ or f.71cilily used In this Item apply: site for disposal; walk al, or return lo, a on the part of the company. or emergency pickup, muss be recorded and the lima the campaiiy's An interruption and not in the control of and similar occurrences. 230 ftlaposal fees for . - Rate Per Hour Type of Equipment ordered Truak aril Driver Each Extra Person Minimum Charge Single rear drive axles $ $ $ 65.00 [AJ , S $ $ 42.50 (Al $ $ 42 50 [A. $ $ $ S $ $ Non -packer truck.., ....... ..... .......,..-. •. Packer truck.................................. Di ox truck._ ..... ... ...................... Tandem rear drive axle: $ $ $ 65.00 [A) Non -packer truck.....,..,. ........ .........a. Packer truck .............................. ... Drop -hex track.— . ....... ........... ..... , Issued By: Marc B, Terre Issue Date: July 13, 200E Effective Gate: Se.1ember 1, 2006 (Far Officfaf Use Onry) ❑oikeL No. TG. Dale: .. $Y' ` 1 r •+ r, , put,--. �1{s 7.3444c eoLY fly 0142 .,;Igcdo 1)rrlr : f sS'-;fill_{?fi !sf)arfiir ()(fie.'.' RECELVI D JUL 12, 2006 WA. UT. & TRANS. COMM. OR1 1NAI, TC -061142 Tariff No. 7 Original Pegs NO. 31 Company NarnelPermt'. Number: Stioshire Disposal, Inc. - 00001 09 B Re isiered Trade Name s dba Sunshine a1s anal and Rab Jfn Herr - Containers ?ndlor crop Boxes -- Generat5ules Avbilahllity. A company must maintain a supply of all sizes of containers and drop boxes for which rates are listed In this tariff. If a customer requests a container or drop box of a size listed in the company's tariff, and t.'e company is unable to provide file requester) size within 7 days of the customer request, the cuslorrer must be notified in writing or by telephone. Alternate -sued containers dndror drop hexes. if the company cannel provide the requested -sized' onlatner or drop box band that size is hsled in the company's tarif), the company must provide rlternote-sued containers or drop boxes. sufficient to meet the capacity originally requested by the Mstomer, at the sante rates as would have applied for the requested canlairaer or drop box. Disposal fees dtic on alternate -sized drop boxes. If the company provides alternate -sized drop boxes, the customer is resp❑nsibte for all lawfully applicable sl.spcsai fees resulting from the use of the alternate drop boxes, Rites on itatrtiaily-filled containers andfor drop boxes. Full pickup and rental rates apply regardless of Circ amount of waste material In the container or drop Lox at pickup time. Rates for compacted materials, Bates for compacted material apply only when the material has been compacted before its pickup by the company. Rates for loose materiel. Loose material dumped Into the ccrnpary's packer track is subject to the rates for r1crn-carrrpacted material even though the material iray be compacted Tater In the packer truck Permanent arid temporary service. The follo'.ving rules apply' (a) II a customer requests a container or drop box far Tess than 94 days, lite customer will be hill it temporary service rates. (b] If a temporary service costumer notifies the company that It has decided to retain the contains' or drop lana for more I?ian 00 days, permanent service rates will be assessed frcm the 91st Day until he end of the period lite vustomer retains thn container or drop box. 11 a customer requests a canIairter cr drop box for more than 90 plays, the customer will be billed under permanent rates. if that customer cancels service before the end of the DO -day period, the company may not rebili the customer at temporary service rates. The Intent of the customer at the time service was requested applies. Issued By: Marc B. Torre Issue Data: July 13, 2446 packet No. TG - Effective gale: September 1, 2006 (rear Mast Use Orily) Date, 8y: �. i:far, r. r r_ Lr �r t r" N, 31-i _2 .'`I geh now: ()A, f r - ridj I:'fJ -rih r. /.)brie: 09-01-(J4 RECEIVED JUL 12, 2006 WA. UT. + TRANS. COMM. ORIGINAL TG -061142 Tariff No. 7 Company NarneiPerrnit Number: Sunshine Disposal, Inc.-G00010a H Registered Trade Name(s) Ma Sunshine Disposal and Recycling Original Pee No, 32 stein 205 -- Rol -Out Charges -- Conrslnua Automated Gari, anti Toters Charges for contaierrs. The company will assess roll-out charges where, due to circumstances outside the control of the driver, the driver is required to move a container more Than rive feel, but less than 26 feel, in Order to reach the truck. The charge for this r❑tl-out service is: S per confiner, per pickup Over 25 feel, the charge will be the charge far 25 feel. plus per increment of 5 feet. Charges for autarnatod carts or toters. The company will assess rof•aut charges where, due to circumstances outside the control of the driver, tkhe driver Is required to move an automated cart or toter more than feet in order to reach the truck. The charge for this roll-out service Is,: per cart or toter, per piicicrip. Issued 6y: Marc B. Torre Issue Date: July 13, 2.006 Effective Cate: September 1. 2006 (Far C [final Use Only) Docket No. TG- _ Date: -inrke -1=6-r 1st / 1,12 .el. c'ic!i' Dore: fl,11'-30_11{ f:'f ii c Ci ti c Awe: 09"01 • frfi I E+CEIVF I) JUL 12, 2006 WA. UT, & TRANS. COMM. OR IG iN AL 'FG—Oc 1142 tarn 207 has J added! wardln in one lace, T€hrifiNo, ? Original Page No. 33 Company NameiPerrnit Number: Sunshine Disposal, inc. , 0300190 B Registered Trade Narne(s) cba Sunshine Disposal and Recycling Item SOF -- Excess Weicjly -- RejeCttan of toad Charges lo Transport Th a company reserves the right lo reieel pickup of any container. stationary packer, cr drop box which, upon reasonable Inspe❑Bari_ (1) Appears to be overloaded, (Z) Would Cause applicable +uehltle load limitations to be exceeded: (3) Wouid cause the company to violate road limiialions or result in unsafe vehicle operation; ancllcr (4) Waulii negatively' impact or otherwise damage read surface integrity. For Ilse purposes of this tariff, the following rnaxirncrrhi weights apply:- Maximum pply Maximum gross vehicle wefgir<t of 48,0010 pounds, 'rypoJSlze of Maximum Walehl Ccn1nirier, Mop Box, Allowance par Toler, or Cart Recnpraclo on pc u n6s} All Crop BOXES 20,0170 pounds tc] TypoSIze or Comet Ser, Drop Box. Toler, or Cork t.laxirnum Weight Allowance per Ruoeptaclrr {ia raowKJNI Overfilled or ovenrrolubt, charges if transported. I` the container, drop a ox, toter, or cad exceeds the lirhhils slated ab4Vi, i$ filled beyond the marked fill lane, or the lop 13 triable to ba closed, but the oeinpmrry transports the materiels. 111e following additional charges will apply; TypefSze of Container, Drop Box, Talar, or Cull Charge Per Per Per Per Per Peer Type/Six o or Can1ain®r, Drop Box, -rola. or Carr Clrrugo Per S Per S Per Per $ Per $ Per Issued By: rAarc 6. Torre Issue Gate; July 13. 2005 Effective Gale: Seplernber 1, 2005 (For Offrc, Use 0 O Docket No. TO - Dato' Sy ()r\,r. }. Agt.rida fifth,: f1,1`..,30.116 Erfr °1iI°[' /hue, flclal)1,,19 i l ECl+ IVE[) ,1UL 12. 7006 WA. U'I'r & el J eels. COI 1. ORIGINAL 'CC..Ofl142 tl1l e contains [Cl added wording and [A] two amounts with Increases. Tariff No. 7 Company Nanme/Perriit Nrr riber: Sunshine Disposal, Inc. R: Marred Trade Name's) dba Sunshine Dis •sal Original Page No. 34 • G000199 13 and Rec clingy Upon customer request, Service to request , or drop hox is Barn 410 -. Wastdna end Sglltti%�f141 o 11 iorBts o l rJrnn Boxes rates: [C] (Al [CI [Al [C] [C1 or this company will provide washing and sanitizing service al the following r Size or Type of Container or Drop Box Rate All Crop Boxes ear Yd Minimum CharVA Washn9 $ 1.15 3 23.15 team awning $ 3.00 $ 30.8f! Sanitizinu 3 1.00 $ - Pickup and Delivery Charge: 5 42.45 Over 1 Yards be provided as required by local or stale health or solid waste rules. customer ai the rJ'screifon of Ilre carrier 6t in Ilhe carriers [ted }ernenl the container In such a coraiitlnn as to violate said laws. Customers must pay the nomad aro for compactors fur csnloiner changes. Customers m'.rsl pay the Om ?2Q -- Compactor Rental Charges 25C1 and 27 foltowiing additional Charges for compactors furnished by the company. only and oro not includes drop box or container charges. Sae Items oasis of irstallarion. Size or Type of Cnntainer cr Drop 13Dx Rate Issued By: Marc B. Torre Issue Dale: July 13, 2006 . FffecLiare Eats Seplcmber 1, 2016 (For OfficOltis9 On/y) Docket No. G. bete; i.()fit ( )1. f• R i4i, c )t\t/, y t +n"hr'l, J li-f16r! l i2 Avian, Dodo': ?)rti',. tri -(dry 1. jfc't Fivc d)e:fr:: 69-01. 06 RECEIVED IV ,U JU L 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL 'I'(M-Q(1142 Tariff No, 7 Company Nem®&Permit Number: Sunshine Disposal, Inc. Registered Trane Narne(e) dna Sui shit a Disposal - G00019913 and Recyclin Dumped in Company's Original Page No. 36 — Vehicle Item 215 -• Cenlalrter Service -- Ion Service Area: -compacted Material (Customer -awned container) Includes Commercial Can Service Rales slated per container, per pickup Size ar Yard Type of Container Yore bard $ Yard_ $ -_• Yard $ ___ $ Permanent Service 32lialcan $ _ Qat. Tare Each Scheduled Pickup $ $ S Special Pickups $ $ $ $ Temporary Service• —1$ pickup, involved an a Pirko Rate $ a $ $ S j$ other week are are serviced Notel.. Permanent Service: Service is defined as no less Than scheduled, every unless Iona! government requires more Frequent eondice or unless pulrescil:IIes Customer will be charged for service requested, even If fewer containers particular kill. No credilwill be given for partially -Felled containers. Accessorial charges a5si5sed (lids :aniacking, unlatching, etc.). Issued 0y: Marc B. Torre Issue Data; July 13, 2008 Effective Date: September 1, 200G (For Official LIse Only) Docket No. TG- Date: By: 1•1)1• 01-.1.10 .41 Cf.'!. Or rf.J, !.)ocko: Ta. riv) I 42 etAr;oariia Deire: (1,7-311-06 /-Vec fh t d.)cr:e (19 -Thr -06 8 p. (TIM JUL 12, 2006 WA. UT. & TRANS. COMM. ORIGINAL, TG -0611 2 Tariff No, 1 Company Name/Permit Numbs:: Sunshine Disposal, Inc. - G000199 B Registered Trade Nene(s) dba Sunshine Disposal and Recycdia9 c'rigarral Page No. 37 Item 250 -- Container Service -- pumped In Camparw's Yenicle Cvn-pacted Service Area: Material {Company-owned container) Rates staled per container, per pickup Yard Size a Yard Type of Container Ya•d Yard Yard Y;jrd Permanent Service Yard Monthly Rent (if applicable) S $ $ - 3 $ $ 5 First Pickup S $ $ $ $ 3 5 Each AJdilional Picktep $ $ $ $ $ $ 5' civ] Picku s 5 $ 3 S $ 5 Temporary Service i'.` t`--- • , Initial Delik'e $ 5 $ 3 $ $ Pickup Rate $ 5 $ 5 $ $ 5 Rent Per Calendar Da $ $ $ 5 $ $ $ Rent Per Month $ $ 5 $ $ $ $ motet: Permanent Service. $ervice is relined as no fess than scheduled, every other week pickup, unless local gavernrnerit requires more frequent service or unless puirescibles are involved. Customer will be charged for service requested, oven If fewer containers are serviced or} e particular trip. Na credit will be given for partially -filled containers. Nate 2: Permanent Sesrvice: II ren is shown, the rate for the first pickup and each additionsl pickup must be the zarne. If rent is not 5I1owvt, it is to be included in the rate for the lust pickup. 4ccessarialcharges assessed (lids, uribckiny, wal.atcitirrg, etc.) Issued By: Marc B. Torre Issue Date: July 13, 2005 Erflecli+re Date: eplembar 1 2006 {,For Qlffcta, Ilse Only) Docket No. TG- Lite: ®y: -/ -i f --i+---J'x•1 1?Vf, P. frf lrl't' 01'/ .• ij{-r)'1-ii(, RECEIVED JUL 12, 20061 WA. UT. & TRANS. COMM. ORIGINAL TC -061142 Tariff No. 7 Company NarnefFerrrit Number: Sunshine Disposal, Inu, - G1J00199 6 Reqistered Trade Narnejs; di a Sunshine Disposal and Recycling Original Parc Nda. 30 item 2H -- Container Service -- Dorrined in Company's Vehicle container) per pickup Compacted Service Area: Material (Customor-awned Rates slated per container, Size or Type of Con1.r`3irier Yard $ $ - , Y'afd $ $ . Yard _ Permanent Service 32 9oh can wit Tote Yard $ Yard $ _ $ Each Scheduled Pickri�_ S $ $ $ Spacial Pickups Temporary ScrvI err Pickup Rate $ $ S P as no fess than scheduled, every rarer week pickup, more frequent service or unless putrescibles are involved. requested, Nan if fewer containers are serviced on a for partially -filled containers. unlatching, etc) Motel: Permanent Service: Service is defined unless heal government requires Customer will be charged for service particular trip. No credit will tae given Accessoriai charges assessed Olds, unlocking, Issued 13y. Marc 8- Torres Issue Dats: July ta, 2006 Effective Date: Se teirttrer 1, 200E (For OFmfc,"a! Use Only) aoo1 et No. TG- Date: By: ivf USI ()r\j )' !)oi.,r,`(i,' 7'o -dm{ 1.42 i rc�r�t�[r i)rilc: P1.5-30-06 i:'I i�c`lir Om,: 09-tI/.-f1 RECEIVE JUL 12, 2006 WA, lJ1'. & TRANS. COMM. ORIGINAL TG -061142 This page has [A] six lines with increases In reach fllled•fn column, plus (A} an Increase In Nate 2, anr1 the insertion ot Notes 4. 6 and 6 with (Ni now rates hi each. Tariff No. 7 Company NarreiPerielt Number; Sunshine Disposal, Inc. - G000199 B Re rislered Trade Name s dba Sunshine Cis'°sal arld Rec cl`ifn! Original Page No, 39 Ileus 260 -- Drop Box •- To Mammal Site and Return .ervice Non•Compsctcd Material (Company-owned container) Rates slated per drop box, per pickup Service Area: Sec Apppendix A - Permit copy & map Size or Type of Container Porrnarwent Service 20 Yard 25 Yard 30 Yard 40 Yard Monthly Ren: (if EippIicaf le) $ 55.00 $ 57.90 $ 60.90 $ 74.00 $ $ Al First Pickup $ 55.00 $ 65.00 $ 65,00 $ 75.00 $ $ A Each Additional Picku $ 0500 5 &5.00 $ 55.00 $ 75,00 $ $ A Simla! Mau s $ 5 $ $ $ Tarn ora Service $ A^ initial Delivery $ 40,00 5 - $ 40.00 $ 40.00 $ Pickup Rate $ 05.00 $ - S 95.08 $ 95.0E $ $ A Rem Per Calendar Day $ 4.00 S - $ 4.50 $ 5.0C $ $ EAI Rent Per -Month $ S $ 5 $ Hotel. Rates in Ihis item ere st.bjecl to disposal fees honied in item 230. Note 2: Rates named In this itern apply fray all hauls not exceeding 5 miles from the point of pickup to the disposal site. Excess miles will be charged for at $4.00 per mile or fraction of a (A] mile, linea Ie charge is in addition to all regular ulsarges. Nate 3: Permanent Serulce: (1) Service is defined as no Iesa than scheduled, once a month pickup, unless local g vernment requires more frequent service, of unless putrescibies are involved. (2) I f a drop box is relalned by a customer for a full month and no pickups are ordered, the monthly rent shall be charged, but no charges will be assessed for pickups. Monthly rental charges will be proreted when a drop hot iS retained for only a portion of a mprtlh. (3) It rent i5 shown, the rate for the firs! pickup and each ackIillonal pickup must be the same. 11 rent is not shown, it is to he included In the rate for the first pickup. Accessorial charges assessed Olds, tarpi,srd, unlocking, unlatching, etc.): Note 4: A gate or obstruction charge of $10.00 (N) will be assessed for opening , urtlaclting or [N] closing gates, ar moving OlsslruclIons In order to pick up solid waste. Note 5: A fee of $17.86 (14) per month will be added to rent when a lid is required on a drop box, EN1 Note E: A fee of $10.00 (N) will be assessed when a customer requires tete $01k1Waste comPanY LN] ro position Iles open after pickup, Issued By. Marc B. Torre Issue Date: July 13, 2006 Effective Date: 6eplermber.1,_2006 ,(For 0)1'1ci31 Use Only) Docket No. TG- Dale: By:44—M44-P4( '!. 'r f ',5 ()Nf. Y 04 /1.17 .'f,t;t'ircie/ 1�trrc: (1rS' 3(1 -flit 1:•/Ac•c•irt•r•1hr rcr; ()9-111•,rl/! RECEIVED Jill 12, 2006 WA. UT. & TRANS. COMM. ORIGI' .1,'fl1-061142 Tariff No. 7 Company NernetPermit Number: Sunshine Disposal, Inc. Registered, Trade NameCs) dba Sunshine Disposal - G00010018 and Recycling ._ -- To Disposal Site eind Original Page Na. 40 _ Retur Item 265 -- Drop Box Service Nan Service Area: -Compacted Material (Custorner•owned container) Rates slated per drop box, per pickup Size or Type of Container PermmreTit Service Yard ______ Yard _ Yard Yarci ; Yard Yard Yard Each Scheduled Picku r S $ 1 $ $ $ Special Pickups $ $ 1 $ $ $ $ !errrporary Service -----E.s ... . PiukLA) Rate $ --Ft-. Nickel: Rates In This Itein are subject to disposal tees named in Item Nota 2: Fakes named In this Item apply for all 'tauIs not exceeding to the disposal site. Excess miles will be charged for at 1 mile. Mileage targe is In addil'rorr to ell regular charges. Note 3: Permanent Service is defined as no Tess then scheduled, government ordinances require eriore frequent service or Accessoriel charges assessed (lids, unlocking, timate#ting. etc.) 230. 5 miles from tare point of pickup per milie Or fraction of a pickup, unless IOcai are involved. once a month utiles putrescinles Issued By: Marc 13. Torre Issue: Bate: Jay 13, 2006 Effective Date; September 1, 2406 rFor {ficin! Use Only) docker No. TG- Date: $y: PO/ (11'1.7C'/..41. (i5'1: OM', }' :11.;-0461 142 Agenda 1]rrfr., fi// c tRta0 Off re: OV. Of ••04 RLCI V[D JUL 12, 2006 VVA. UT. & TRANS. C ()'V M. ORIGINAL TG -061142 Tariff too. 7 Original Page No. 41 Company Nairne/Permit Number: Sunshine Disposal. Inn. - G0D0199 0 Registered Trade Name(s) dba Sunshine Disposal and Recyclirt _ — - hem 270 -- Drop BoxServteri -- To Disposal Slle and Return Materiel (Company-owned drop box) Rates staled per drop bok, per pickup Compacted Service Area` Yard Size or Mini S T a2f Cania`rner Yard YardYard S $_ . Yard $ Permanent Service Yard Month; Rent ria .licab'e $ First Phcktip $ $ ` $ $ Each Additional Pickup $ $ $ $ $ $ Special Pickups $ $ $ $ S Temporary Service , InitialRaler5r $ $ $ PiCkq+ Rate $ 5 $ S $ Rent Per Calendar Day $ $ $ 3 $ S Rent Per Montle $ $ $ $ $ S *bpi. i. Rates in this item are subject to disposal fees named In Item Note 2: Rates named in this item apply for all hauls not exceeding to the disposal site. Excess miles will be charged for at $ mile. Mileage barge is in addition to all regular charges, Nate 3: Permanent Sanies: (1) Service is defined as no less than scheduled. coca a requires more frecittenl service. or unless putrescibles are (2) if 2 drop box is retained by a customer For a full month monthly rent shall be charged, but no charges will be assessed charges will be prorated when a drop box is retained for only (3) 1f rent is shown, the rate for the first pickup and each If rent is not shown, it is to be iitckoded 11 the rate for the Accossarlal charges assessed (lids, tc'lrping, unlocking, unlatching, etc 230. 5 miles from the paint of pickup per mile or fraction of a unless local government ars ordered. the Monthly rental of a month, must be the same. I _ month pickup, involved. and no pickups for pickups. a portion additional pickup first pickup. -j: issued By: Marc B. Torre Issue Dale: July 13, 2006 Effective Date: Septemt:er 1, 2006 •f i', .';S'! (For Mick -0 Use Only) ❑coke) No TO- []ate: By: 4-'t !f# t d-1-44- / +♦ 16 ) ,142 Agenda Odic: (1S -J11-0 I jfc'rlr�rc' {}irt •: 09-61-06 RECEIVED JUL 12, 2006 WA, UT. & TRANS. COMM. ORIGINAL T6461142 This page has [A] Increases to Permanent Service #or 20 yard and 30 yard containers with no changes to rates for the 30 yard and 40 yard containers. This page also has [Al an increase to the mileage rata In Nate 2, Insertion or Note 4 with [N] one new rate, and Insertion of Note 5 vullh [C] chanties In wording only with no ahanc0e to that rate. Tariff Na. 7 Company Nat-he/Permit Number: Registered Trade Alar ie(s} Sunshine Disposal, lee. - G000199 E3 dbe Sunshine Disposal acd Recycling -- Drop Box Service -- To Disposal Silo and Original Page No. 42 Return Item 275 Cor Service Area: See Appendix A - ipcctert Material Custarnar-awned container) Rates staled per drop box, per piatwup Puri -nit copy artiri reap A] Al 20 Yard 25 Yard Size ar 30 Yard Type yr Ccnlainer 40 )(aril– ardEach Permanent Service EachScheduled Phck p 3 112.00 5 112.00 $ 112.00 3 135,05 $ $ Special Pickups $ Temporary Service PickuRale SS $ 5 S g Nole is Rales In this Rein are subied lo disposal lees narnc[1 in Item 230. Note 2: Rates named in this item apply for all Mauls not exceeding 5 miles f-orri We point of pickup to the disposal site. Excess miles wilt be charged for at $4.O3 per mile or fraction of a [AJ mita. Mileage charge is in eddithon to al regular charges. Note 3: Permanent Service is defined as no Tess than scheduled, once a month pickup, unless local government ordinances require more frequent seivaee or wiles putrescibles are involved. Accesscrial charges assessed (lid, unlocking, unlatching, etc.) No 4: A gala or abstrcrcliari change of S10,04 (N), will be asseasecl For opening , unlocking or Ni closing hales, or mowing ohslrirctions in order to pick tip solid waste. Nota 5: \ compactor disconnectfrecorinecl charge of $25,00 will be assessed. (C] Issued By: Marc B. Torre Issue Date- July 13, 2008 Effective Date: September 1, 2005 For Official Use Only) Docket No, TG- Dale: By, ,44ir> . —441 I=.5'f :{'r' Yf. ONLY NW 142 .Igc-vinyl fir kv.' 9-.31-f16 E liacfir;c' putt': f)1)-fii-f.+6 RECFIX( la) JUL 12, 20(1 i WA. UT. & .TRANS. CORilNI. ORIGIN 11;4)(11142 1142 Tariff No. 7 Ongioal nage No. BYO Company NamefPerrnit N rnber= $1,nislllnc Oisposel, Inc. - GC001g9 B Re+istered Trade Name aba Sunstrine Cis• •sel and Rec clip l tem 300-- l.isl of Abbrevlaiiprts and Si .U_S tl Ir i _s niff [A] denotes increases [R) denotes decreases [C[ denotes changes in wording, resultng in neither increases or decreases [N[ denotes new rates, services, or rules 1°"1 denotes that material r,reviausry shown has been deleted Yd. Cr yd. Are abbreviations for yard Cii. Or c,a. Are abbre'iations for cubic Issued By: Marc B. Torre Issue Cate Jul 13, 2006 Effective Date: Se lembor 1, 2005 (For OfNcia! Lisa Ority) DQcicel No. TG- care 13Y: Y f ')ck-r;.x i 11 I? (alt PI de !.brie 0.51-; 0-i'ifr f?rple' 09 -f)! -F)6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: 2015 Annual Comprehensive Plan Amendment (CPA) Docket 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 each year. The City codified this process in Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Comprehensive Plan Amendments are divided into two categories - map amendments and text amendments (including charts, tables and graphics). Comprehensive Plan amendments may be privately initiated or proposed by City Council or staff. Most privately initiated amendments deal with land use changes. The City has received two privately initiated amendments The deadline for Comprehensive Plan Amendment requests was October 31, 2014. City initiated text amendments generally include changes to Chapter 2: Land Use, Chapter 3: Transportation, Chapter 4: Capital Facilities, Chapter 7: Economic Development, and Chapter 11: Bike and Pedestrian that update the chapters with population data, a land quantity analysis, completed city projects, financial plans, and land use activities respectively. This year staff has not proposed any updates to the plan due to the upcoming legislative update. Staff will be present to discuss the 2015 update process. OPTIONS: Approve the proposed 2015 Comprehensive Plan Amendment Docket as submitted or modified. RECOMMENDED ACTION OR MOTION: Move to approve the 2015 Comprehensive Plan Amendment Docket. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: John Hohman, Community Development Director Attachment: 2015 Comprehensive Plan Docket City of Spokane Valley 2015 Comprehensive Plan Amendment Docket PRIVATELY INITIATED COMPREHENSIVE PLAN AMENDMENTS File Number Map or Text Summary of Amendment CPA -2015-000x Map 2.1 Request to change from HDR to MUC at Flora and Indiana CPA -2015-000x Map 2.1 Request to change from Office to C. Nora between Pines and Evergreen Updated 11/4/13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: Check all that apply: ❑ consent ❑ old business }, new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ['executive session AGENDA ITEM TITLE: Motion Consideration: City Hall Lease Amendment GOVERNING LEGISLATION: None. PREVIOUS COUNCIL ACTION TAKEN: Council's last formal City Hall Lease Amendment action was the approval of a Lease Extension and Expansion Agreement on March 12, 2013, with Northwest Christian Schools for existing City Hall space for a lease term of April 1, 2013 through March 31, 2017. Since that time, discussions have taken place on a number of occasions regarding the merits of moving the Permit Center (Suite B-3) into the space currently occupied by Finance, and moving Finance into the space formerly occupied by Wells Fargo (Suite 102). The most recent discussions on this topic occurred during the February 18 and June 17, 2014 Council workshops. An information item leading to this agenda topic was included in the October 28, 2014 Council agenda packet. BACKGROUND: The City entered into an initial lease with Northwest Christian Schools for City Hall space at the current site in January 2003 and the lease has been extended several times, with the current extension running for the four-year period April 1, 2013 through March 31, 2017. We are currently in the second year of this four-year lease. The City currently leases a total of 28,236 square feet of space including: • 22,646 square feet in the Clocktower Building (housing all City services except the permit center) where we currently pay $15,77 per square foot per year for an annual total of $357,031.68. • 3,290 square feet in the side building which houses the Permit Center where we currently pay $12.86 per square foot per year for an annual total of $42,307.56. • 2,300 square feet in the side building which serves as warehouse space where we currently pay $3.77 per square foot per year for an annual total of $8,660.76. • The annual cost of the existing lease for the four -years (including an annual increase of 2%) is as follows: o April 1, 2013 through March 31, 2014 = $400,000. o April 1, 2014 through March 31, 2015 = $408,000. o April 1, 2015 through March 31, 2016 = $416,160. o April 1, 2016 through March 31, 2017 = $424,483. • An additional charge we incur is a quarterly common area maintenance (CAM) charge that totals approximately $1,000 to $3,000 per year. At the February 18, 2014 Council Workshop, Council indicated interest in moving forward with a plan to reconfigure our lease by doing the following: ▪ Vacating Suite B-3 where the Permit Center is currently located resulting in a reduction of 3,290 square feet at a cost of $12.86 per square foot per year. • Moving the Permit Center to the current Finance Department location. • Moving the Finance Department into Suite 102 (the previous Wells Fargo space) resulting in an increase of 3,304 square feet at a cost of $15.77 per square foot per year. 1 • As a result of this reconfiguration the net space leased by the City would increase by 14 square feet from the current 28,236 to 28,250 square feet. • Because the lease rate on the former Wells Fargo space is currently $15.77 per square foot per year versus the $12.86 we're currently paying for the current Permit Center location, the City's monthly lease cost would increase by $81521, This reconfiguration would have the following impact on lease payments through the balance of the lease term: • Remaining Lease Year 2 — approximately December 1, 2014 through March 31, 2015: Monthly rent would increase from $34,000 to $34,815.21 for a total increase of $3,260.84. • Lease Year 3 — April 1 2015 through March 31, 2016: Annual lease cost would increase from $416,160 to $426,138.25 for a total increase of $0,978.25. • Lease Year 4 — April 1, 2016 through March 31, 2017: Annual lease would increase from $424,483.20 to $434,661.06 for a total increase of $10,177.86. In addition to the increase in the lease cost, the City would also incur expenses for minor renovations to both the Wells Fargo and Finance Department spaces. Additionally we would incur the cost of physically moving furniture and equipment for both the Finance Department and Permit Center. OPTIONS: 1) Approve the lease amendment as presented, or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: "I move we approve the lease amendment with Northwest Christian Schools that releases the City's obligation on Suite B-3 and adds to the agreement the lease of Suite 102." BUDGET/FINANCIAL IMPACTS: The increase in the lease payment is factored into the 2015 Budget and the estimated $20,000 for the renovation and moving costs is included as part of the 2014 Budget Amendment. STAFF CONTACT: Mark Calhoun, Deputy City Manager ATTACHMENTS. • Analysis sheets — Cost of Current Lease -vs- Dropping Suite B-3 and Adding Suite 102 (formerly the Wells Fargo Space). • First floor proposed layout including renovations to the existing Finance Department and Wells Fargo spaces. • Proposed lease amendment with attachments. (includes copy of initial contract dated January 29, 2003; and all subsequent extensions dated March 15, 2005; July 1, 2006; November 1, 2007, December 15, 2008 and March 22, 2013.) 2 H.\City Departments\Finance\City Ha11\2014 1104 lease amendment with NW Christian 5chools\city hall lease arnounts - 2014 02 27 Rill Butter potential Permit Cntr rnove.xlsx CITY OF SPOKANE VALLEY, WA Lease of City Hall Space from Northwest Christian Schools Cost of Current Lease -vs- Dropping Sulto B-3 (Permit Center) and Adding Wells Fargo Space 4 Year Lease Renewal - Current Terms - April 1, 2013 - March 31, 2017 - 2% increase per year in each of the 3 subsequent years. - City will have the option to terminate the lease at the end of the 36th month (March 31, 2016) by providing at least 6 -months prior written notice (by September 30, 2015) to NW Christian Schools. in the event the City exercises this option we will pay $34,680 to NW Chrisllan Schools upon termination (this is equivalent to one lease payment computed al the third year rate). 10/22/2014 Year 1 April 1, 2013 through March 31, 2014 Premises Leased - Currently Suites101, 103, 104, 105, 106, 304 Suite B-3 Suite B-4 (warehouse) Square Footage Pro ■osed Lease Rate Month! Annual Cost per S uare Foot Monthly 1� Annual 22,646 $ 29,169.25 $ 350,031.00 $ 3,290 3,456.50 41,478.00 2,300 707.58 8,490.96 1.2881 $ 1.0506 0.3076 15.4566 12.6073 3.6917 28,236 $ 33,333.33 $ 399,999.96 $ 1.1805 $ 14.1663 Year 2 April 1, 2014 through March 31. 2015 Premises Leased - Currently Suites101, 103, 104, 105,106, 304 Suite B-3 Suite B-4 (warehouse) Premises Leased - Potentia! Suitesi0l, 103, 104, 105, 106, 304 Wells Fargo space Suite 8-4 (warehouse) Difference between B-3 and Wells Fargo Square Footage Proposed Lease Rate Monthly 11 Annual Cost per S uare Foot Monthly 1 Annual 22,646 $ 29,752.64 $ 357,031.68 $ 3,290 3,525.63 42,307.56 2.300 721.73 8,660.76 1.3138 $ 15.7658 1.0716 12.8594 0.3138 3.7655 28,236 $ 34,000.00 $ 408,000.00 $ 1.2041 $ 144496 22,646 $ 29,752.64 $ 357,031.68 $ 3,304 4,340.84 52,090.11 2,300 72173 8,660.76 28,250 $ 34,815.21 $ 417,782.55 14 $ 815.21 $ 9,782.55 1.3138 $ 15.7658 1.3138 15.7658 0.3138 3.7655 1.2324 $ 14.7888 Year 3 April 1, 2015.through March 31, 2016 Premises Leased - Currently Suites101, 103, 104, 105, 106, 304 Suite B-3 Suite B-4 (warehouse) Premises Leased - Potential Suites101, 103, 104, 105, 105, 304 Wells Fargo space Suite B-4 (warehouse) Difference between B-3 and Wells Fargo Square Footage Prposed Lease Rate Cost per S uare Fool Monthly 11 Annual , Monthly 1 Annual 22,646 $ 30,347.70 $ 364,172.40 $ 3,290 3,596.14 43,153.68 2,300 736.16 8,833.92 1.3401 $ 16.0811 1.0931 13.1166 0.3201 3.8408 28,236 $ 34,680.00 $ 416,160.00 $ 1.2282 $ 14.7386 22,646 $ 30,347.70 $ 364,172.40 $ 3,304 4,427,66 53,131.93 2,300 738.16 8,833.92 28,250 $ 35,511 52 $ 426,138.25 $ 14 $ 831.52 $ 9,978.25 1.3401 $ 16.0811 1.3401 16.0811 0.3201 3.8408 1.2570 $ 15.0845' Page 1 of 2 H:1Ctty Departments\Ffnance\City Ha11\2014 11 04 lease amendment with NW Christian Schools\city hall lease amounts - 2014 02 27 Bill Butler - potential Permit Cntr move.xlsx CITY OF SPOKANE VALLEY, WA Lease of City Hall Space from Northwest Christian Schools Cost of Current Lease -vs- Dropping Suite B-3 (Permit Center) and Adding Wells Fargo Space 10/22/2014 Year 4 April 1, 2016 through March 31, 2017 Premises Leased - Cgrrently Suitesl01, 103, 104, 105, 106, 304 Suite B-3 Suite 13-4 (warehouse) Premises Leased - Potential Suitesl0l, 103, 104, 105, 106, 304 Wells Fargo space Suite B-4 (warehouse) Difference between 8-3 and Wells Fargo Square Footage Proposed Lease Rate Monthly An nuat Cost per Square Foot {V1onlhly Annual 22,646 $ 30,954.66 $ 371,455.92 $ 3,290 3,668.06 44,016.72 2,300 750.88 9,010.56 1.3669 $ 16.4027 1.1149 13.3789 0.3265 3.9176 28,236 $ 35,373.60 $ 424,483.20 $ 1.2528 $ 15.0334 22,646 $ 30,954.66 $ 371,455.92 $ 3,304 4,516.21 54,194.58 2,300 750.88 9,010.56 1.3069 $ 16.4027 1.3069 16.4027 0.3265 3.9176 28,250 $ 36,221.75 $ 434,661.06 $ 1.2822 $ 15.3862 14 $ 848.15 $ 10,177.86 Lease Cost Summary for the 4 -year Period April 1, 2013 through March 31, 2017: Fiscal Year Date Range Initial Lease Cost Revised Cost with Permit Cntr Move Additional Out -of -Pocket. for City" Lease cost from Lease cost from Lease cost from Lease cost from 4/1/2013 4/1/2014 4/1/2015 411/2016 to 313112014 $ to 3/31/2015 $ to 3/31/2016 $ to 3/31/2017 $ 400,000 $ 408,000 $ 416,160 $ 424,483 $ n/a $ 417,783 $ 426,138 $ 434,661 $ n1a (9,783) (9,978) (10,178) Page 2 of 2 I7 r t' 1: 1 I 'I I Ir,'r i1 1 015 1 _L rmricr1r_• J'-1-15 - ❑ Y LLL :nom. . r ._..r '7\1-7\.")— FINANCE DEPARTMENT RELOCATION -'S' N.T.S. 3JI3/20r.i • CJiJ4lfJ=�-- D El 1 c Asa, E _ tk r I LJ l L f 1 '_ - } C 1 PERMIT CENTER RELOCATION ,7'S. 9130/2014 LEASE AMENDMENT THIS AGREEMENT, by and between CITY OF SPOKANE VALLEY, whose mailing address is 11707 East Sprague Avenue, Spokane Valley Washington, 99206 (hereinafter referred to as "Lessee"), and NORTHWEST CHRISTIAN SCHOOLS, a nonprofit corporation (hereinafter referred to as "Lessor"); and WHEREAS, The City Of Spokane Valley, as Lessee, and Northwest Christian Schools , as Lessor, entered into a Lease Agreement for Suites 101, 103, 104, 105, 106, 304, Suite B-3 and B-4 warehouse space as noted below on March 22, 2013, a copy of which is attached hereto as Exhibit "A;" and WHEREAS, the parties wish to amend the agreement to release the Lessee's obligation on Suite 13-3 and add to the agreement the lease of Suite 102. NOW, THEREFORE, for and in consideration of the recitations set forth above, the terms and provisions herein contained, and the mutual benefits to be derived herefrorn, the parties do hereby contract, covenant and agree as follows: 1. Change in Premises. The Premises shall be modified to release the Lessee's obligation on Suite 13-3 consisting of 3,290 sq. ft. and add to the agreement Suite 102, consisting of 3,304 sq. ft. 2. Premises Leased. Lessee will now lease 25,950 square feet within the Clocktower Building, noted as follows: Suites 101,102, 103, 104, 105, 106 and 304. As well as B-4, 2,300 square feet of warehouse space in the west wing building. All as shown on Exhibit "B" attached hereto. 3. Amendments to Lease. Lessee and Assignee hereby agree to amend certain provisions tinder the Lease as follows: a. NNN Charges. Property Taxes, Utilities, Maintenance, Insurance, Administrative & Common Area Maintenance shall continue to be paid by Lessee for Suite B-4 as follows: 2,300 sq. ft. of 42,672 total CAM sq. ft, or 5.389% of building premises. CAM charges are billed quarterly. b. Rent: Monthly rent for the period of December 2014 (or such date as Lessee takes possession) through March 2015 shall be as follows: Clocktower Suites: $34,093.48 B-4 (hasc rate): $ 721.73 Total Monthly Rent: $34,815.21 Monthly rent for the period of April 2015 through March 2016 shall be as follows: Clocktowcr Suites: $34,775.36 B-4 (base rate): $ 736. l6 Total Monthly Rent: $35,511.52 Monthly rent for the period of April 2016 through March 2017 shall he as follows: Clocktower Suites: 13-4 (base rate): Total Monthly Rent: $35,470.87 $ 750.88 $36,221.75 c. Option to Terminate. In the event Lessee exercises its option to terminate this lease at the end of the 36`i' month (March 2016) by providing at least six months prior written 1 initials; notice to Lessor, Lessee shall pay $34,680.00 to Lessor upon termination as liquidated damages, which shall be paid within 30 days of the notice of termination. d. Carpel Replacement_. Lessor and Lessee shall work together as to timing and locations to be re -carpeted. The Parties shall split the cost evenly of the materials and labor to remove and replace the carpet, however the Lessee shall pay for all cost associated with moving and replacing furniture. Lessee shall use chair malts to protect the new carpet once installed. e. Lessee shall be permitted to remodel Suite 103 and 106 as noted on the attached floor plan. Except as modified herein all other terms and conditions of said Lease shall remain in full force and effect. 4. Waivers, Modification or Amendment. No waiver, modification or amendment of any term or condition of this Agreement shall be effective unless in writing, and no waiver or indulgence by either party or any deviation by the other party from full performance of this Agreement shall be a waiver of the right to subsequent or other lull, strict, and timely performance. 5. Merger Clause. This Agreement and the Lease Agreement attached as Exhibit A express the full and final purpose and agreement of the parties and will not be qualified, modified or supplemented by course of dealing, usage of trade, or course of performance. There are no verbal agreements which qualify, modify or supplement this Agreement. 6. Counterparts. This Agreement may be executed in two or more parts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS SS WHEREOF, the parties hereto have set their hands this day of 2014. LESSOR LESSEE NORTHWEST CHRISTIAN SCHOOLS CITY OF SPOKANE. VALLEY BY: BY: ITS: BY: ITS ITS: Executed On Executed On ADDRESSES FOR NOTICES AND RENT: Northwest Christian Schools, Inc. c/o WEB Properties, Inc. PO Box 21469 Spokane, WA 99202 2 ADDRESS FOR NOTICES: City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 In itials: E);HIBIT A 1tSY--FS211berslmcalhormtCllyDepnrlmeirlslA ance1Ci Ha11120l3.2017lease exlenslonlCOSr'Lease &tension Apr 12013 to Alar 312017.docx LEASE EXTENSION & EXPANSION AGREEMENT T}1JS AGREEMENT made this day of March, 2013, by and between CITY OF SPOKANE VALLEY, whose mailing address, is 11707 East Sprag+uc, Spokane Valley, Washington 99206, (hereinafter referred to as "Lessee"), and NORTHWEST CHRISTIAN SCHOOLS, n nonprofit corporation, (hereinafter referred to as "Lessor"); WHEREAS, The City Of Spokane Valley, as Lessee, and Northwest Christian Schools , as Lessor, entered into a Lease Agreements and renewals for Suites 101, 103, 104, 105, 106, 304, Suite B-3 and 13-4 warehouse space as noted below, a copy of which is attached hereto as Exhibit "A;" and WHEREAS, the term of the Leases expires on March 31st, 2013. WHEREAS, The Lessee desires to continue said lease for an additional Four (4) Years beyond the end of its current term under the saute terms and conditions set forth in said lease, as amended herein. NOW, THEREFORE, for and in consideration of the recitations set forth, the terms and provisions herein contained, and the mutual benefits to be derived here from, the parties do hereby contract, covenant and agree as follows: 1, Extension of Lease The Leases, attached hereto as Exhibit "A" (including extensions dated March 15, 2005; July 1, 2006; November 1, 2007 and December 15, 2006) and incorporated herein by reference, is hereby renewed for u Four (4) Year term, beginning on April 1, 2013 and terminating on March 31", 2017. The Lessee covenants and agrees to comply with aha the terms and conditions of said Lease, as herein amended, and to be bound thereby and to pay all rent in the manner therein provided. 2. Premises Leased, Lessee is leasing 22,646 square feet within the Clocktower Building, noted as follows: Suites 101,103, 109, 105, 106 and 304. As well as Suite 13-3 consisting of3,290 square feet of office space and B-4, 2,300 square feet of warehouse space in the west wing building, All as shown on Exhibit "1.3" attached hereto, 3. Amendments to Lease. Lessee and Assignee hereby agree to amend certain provisions under the Lease as follows: n. NNN Charges. Property Taxes, Utilities, Maintenance, Insurance, Administrative & Common Area Maintenance shall continue to be paid by Lessee for Suite 13-4 es follows: 2,300 sq. 0. 0142, 672 total CAM sq. 0, or 5.389% of building premises. CAM charges inc billed quarterly. b. Rent: Monthly rent for the period of April 2013 through March 2014 shall be as follows: Clocktower Suites: $29,162.25 13-3: S 3,456.50 0-4 (base. rake/5 747.58 Total Monthly Rent: S33,333.33 Monthly rent for the period of April 2014 through March 2015 shall be as follows: Clock tower Suites: S29,?52.64 B-3: $ 3,525.63 13.4 (base rate): S 721.73 Total Monthly Rent: $34,000.00 1 1651- FS21Userslrercotho urlCfly DeparlmentslFlraarrcelCity W112013-2017 tense ester,s1arrlCOSVLease ,Etlenslon Apr 12013 to Afar 31 2017.docx Monthly rent for the period of April 2015 through Murch 2016 shall be as follows: Clocktowcr Suites: 13.3: k]- ]ase rate): Total Monthly Rent: $30,347.70 $ 3,596.14 S 736,16 534,680,00 Monthly rent for the period of April 2016 through March 2017 shall be as follows; Clocktower Suites: $30,954.66 B-3: $ 3,668.06 13-4 (base rate): $ 750.88 Total Monthly Rent: $35,373.60 c. Qptiou to Terminate. Lessee shall have the option to terminate this lease at the end of the 36th month (March 2016) by providing at least Six (6) months prior written notice to Lessor, Lessee shall pay 534,680,00 to Lessor upon termination for the right to exercise this option. d. Carpel Replacement. Lessee may request that some or all of the carpets be rcpinccd in the leased premises, In that event, Lessor and Lessee shall work together as to tithing and locations to be re -carpeted. The Parties shall split the cost evenly of the materials nttd labor to remove and replace tite carpet, however the Lessee shall pay for ail cost associated with moving and replacing furniture. Lessee shall use chair 'netts to protect the new carpet once installed. Except as modified hcreit all other terms and conditions of said Lease shall remain in full force aid effect. 4, Waivers, Modifcjtion or Att)Indmc t. No waiver, modification or amendment of any term or condition of this Agreement s1�11 be effective unless in writing, and no waiver or indulgence by either party or any deviation by the other party from full performance of this Agreement shall be a waiver of the right to subsequent or other full, strict, and timely performance. 5. Merger Clause, This Agreetnenl and the Lease Agreement attached as Exhibit A express the full arlcl final purpose and agreement of the parties and will not be qualified, modified or supplemented by coarse of dealing, usage of trade, or course of performance. There are no verbal agreements which qualify, modify or supplement this Agreement. 6, Coturterpails. This Agreement may be executed in two or more parts, each of which shall be deemed an original, but all of which together shall constitute one and the sante instrument. 2 1151' FS21 UsersbncoMotorlCity DepartmeutslrirroncelCto, Hol12013.2017 lease extenslonICOST'Lease &tension Apr 12013 to Alar 312017.docw IN WITNESS WHEREOF, the parkas hereto have set their hands this 2013. LESSOR NOItT! I WEST CHRISTIAN SCHOOLS BY: /Vu 'r urs: By. 40` f:l r.t,l t.1I ITS' ,i f Emmett On /IV 4( // ! 3 ADDRESS FOR NOTICES AND RENT Northwest Christian Schools, Inc. C/o WEB Properties, Inc. P O Box 21469 Spokane, WA 99202 3 PIA day of ig I.ESSEE CITY OP SPOKANE. VALLEY BY: ITS tai t) all fel ,- Executed On, ADDRESS FOR NOTICES City of Spokane Valley 11707 F, Sprague Suite 106 Spokane Valley, WA 99206 a Exhibit A Y• Spokane ' '.ey Contract Nn Approved: Za.v►unreji(ajaw.? COM1w1J RClAla LEASE WITHIN CLOCK TOWER PRO1 ESSIONAL, BUILDING THIS LEASE, wade and entered this cry day of January, 2003, by and between Northwest Christian Schools, a non-profit corporation, whose mailing address is 5104 E, Hornbill Rd., Colbert, WA 99005 hereinafter refened to as Lessor; and the City of Spokane Valley, whose mailing address is 11707 Fast Sprague, Spokane Valley, Washington 99206, hereinafter referred to as Lessee. WITNESSETH: For and in consideration of the mutual promises contained herein, the parties covenant and agree as follows: 1. LEASED PREMISES. S. Lessor docs hereby demise, Ict and lease unto the Lessee, the following described properly or portion of property hereinafter refereed to as "Leased Premises": Suites 101, 105 and 106 situated in the West portion and East One - Half of the first floor as shown on Exhibit "A", being part of the Clock Tower Professional Building atRedwood Plaza shown as the building together Iv}th the non.exclusive right to use the parking areas in common with the owner, occupants, users and visitors of the building premises, at 11707 East Sprague Avenue, Spokane Valley, Washington 99206. Suite. 101 consisting of approximately 1,924 square feet of net rentable area, Suite 105 consisting of approximately 3,350 square feet of net rentable area, and Suite 106 consisting of 10,666 square foot of net rentable arca. Total net rentable area is approximately 15,940 square feet, Said building is situated on a portion of the Fast One -Half of Tract 153 and the West One-CdaI r of Traol 154 of SPOKAN i3 VALLEY, in the County of Spokane, Slate of Washington. Said Premises shall also include the parking lot area located north of the Clock Tower Professional 13uilding ,that is presently surrounded by a fence, hereinafter "Restricted Parking." 2, TERM. The term of this Lease shall be four (4) years and four (4) months, commencing on November 1, 2002 and ending February 28, 2007. In the event occupancy occurs in the middle of any month, rent for the first month shall be prorated to the first day of the next succeeding month and thereafter, all rental payments shall be due and payable on the first (lst) day of each month. G03-09 3. f r1ti`T. li.,essce covenants and agrees to pay to the Lessor at WEB Properties, Inc. 140 S. Arthur, Suite 510, Spokane, WA 99202, or to such other place as the Lessor may hereafter designate, monthly rental in the amount of and due and payable on the first (1st) day of each month as noted. A tate fee of five percent (S%) of rental amount will be added should payment not be received by the tenth (10t1i) day of each month, This is a gross lease and includes all costs for Cho subject Leased Premises and common areas. Rent for the Leased Premises shall be as follows: A. The rental for the first four (4) months of this Lease shall be at no charge. B. The rental for the twelve (12) niontli period commencing March 1, 2003 and expiring February 29, 2004 shall be Eighteen Thousand Eight Hundred Ninety Four and 21/100 Dollars (Sl8,894,21), per month payable in ndvimee on the first (1st) day of each month. C. The rental for the twelve (12) month period commencing March 1, 2004 and expiring February 28, 2005 shall be Twenty Thousand Eight Hundred Eighty Six and 711100 Dollars 020,886.71) per month payable in advance on the first (1st) day of each month. D. The rental for the twelve (12) month period commencing March 1, 2005 and expiring February 28, 2006 shall be Twenty Two Thousand Light Hundred Seventy Nine and 21/100 Dollars ($22,879,21) per month payable in advance on the first (1st) day of' each month. E, The rental for the twelve (12) month period commencing March 1, 2006 and expiring February 28, 2007 shall be Twenty Four Thousand Fight Hundred Seventy One and 71/100 Dollars ($24,871.71) per month payable in advance on the first (1st) day of each month. F. For the first 12 months ofihis lease there shall be no charge for the use of the Restricted Parking. Thereafter, if Lessee elects to use the Restricted Parking, Lessee shall pay an additional one hundred dollars (S 100.00) per month for use of the Restricted Parking. 4. USE OF PREMISES. The Leased Premises shall be used for commercial business purposes ns permitted within a commercial business zone in Spokane County, Washington and all activities incident thereto and for no other purpose without the prior written consent oftlic Lcssor first obtained. Lessee shall not use or Allow the use of the Leased Premises P;Icrnail ettcchrlicralConrmcnial LcAiC 31,1111411 city I ll,dov 2 hi any manner that causes damage to the real property or improvements, nor shall Lcssec use or allow use of the Leased Premises in any mariner for any Illegal purpose. Lessee shall comply with all governmental rules, orders, regulations, or requirements relating to the use and occupancy of the Leased Premises. 5. RU1.,I S ANN) REGULATIONS. Lessor reserves the right to promulgate such reasonable rules and regulations ("Rules and Regulations") relating to the use of parking areas as it may deem appropriate and for the best interest of the tenants, and Lcssec agrees 10 abide by such rules and to cooperate in the observance 'thereof. Such Rules au.ci Regulations shall be binding upon Lcssec upon delivery of a copy thereof to Lessee provided the Rules and Regulations may not change or modify terms or covenants in this Lease. If the terms of the Rules and Regulations contradict any provision of. this Lease, the terms of the Lease shall prevail. Said Rules and Regulations may be amended by Lessor from time to time with sixty (60) days' advance notice to 'Lessee. Any material violation of such rules and regulations by Lessee, its officers, agents, employees or subtenants will constitute a breach of this Lease and entitle the Lessor to claim a default thereunder in the same manner and to the Same extent as any other default ruder the Lease. A copy of the Rules and Regulations, current as dale date of this Lease, is attached hereto as Exhibit "C" and by this reference incorporated herein. 6. REAL ESTATE TAXES. To thc extent irnposcd, the Lessor shall pay all real property taxes due or falling due on said Leased Premises during the term of.: this Lease. 7. LESSOR TO COlY_1'I.,ETE ALL LEASEHOLD IMPROV IVENT,S. The Lessor shall complete all leasehold improvements in a fust-class, workmanlike manner substantiality in accordance with the plans and specifications which have been displayed to and shall be agreed upon between the parties to this Lease ("Leasehold improvements"). The preliminary plans and specifications are set forth on Exhibit "13". All alterations, physical additions or improvements in or to the Leased Premises shall, when made, become the property of Lessor and shall be surrendered to Lessor upon termination of the Lease, either by lapse of time or otherwise, provided, however, this clause shall not apply to fixtures, equipment or furniture owned by Lessee and as otherwise provided in Section 18, 8. MAINTENANCE. Lessor shalt maintain in good condition, the improvements on the real property, including the parking lot, leased pursuant to this Lease. This shall include any and all maintenance required to keep the improvements on thc real property, including the 1' rnall nlinchmslrulConiamcral Lease 31,r1nat citytaall.doc 3 parking lot, which is the subject matter of this Lease, in the carne condition, less normal wear and tear, casualty, condemnation and repairs required to be made by Lessee, as of the date of 'commencement of this Lease. 9. PARKING AND PARKING_ LOT MAINTENANCE. The Lessor shall keep and maintain the parking lot, landscaping and Restricted Parking in a neat and clears condition and repair at all times including snow removal during the winter season. Lessee agrees that there shall be no vehicles left overnight in the parking lot area by Lessee or any employee of the Lessee in order to prevent interference with the cleaning, maintaining and snow removal of the parking lot area. Lessor shall rescrvc for exclusive use by Lessee ten (10) parking spaces on the north side of the Clock Tower Professional Building. 10. UTILITIES. The Lessor agrees to pay all charges for light, heat, water, sewer, garbage and all other utilities and services furnished to the Leased Premises except telephone. Lessor agrccs to provide janitorial services sufficient to keep said Lensed Premises and common arca neat, clean and free of garbage and debris at all titncs. 1L ACCIDENTS AND LIABILITY, A. Neither Lessor nor its agents shall be liable for any injury or damage to persons or property sustained by Lessee or any others, in and above the Leased Premises, Lessee agrees to defend and hold Lessor and its agents harmless from any claim, action andlor judgment for damages to property or injury to person suffered or alleged to he suffered on the Leased Premises by any person, firm or corporation, unless caused by Lessor's negligence. 13. Lessor and Lessee each agree to maintain bodily injury and property damage comprehensive public liability insurance on the Leased Premises in the minimum single limit of 011C Million and 001100 Dollars ($1,000,000.00) and shall name Lessor as an additional insured. i..essee shall furnish Lessor with a certificate indicating that the insurance policy is its fall force and effect and listing Lessor as an additional insured on the policy. C. Lessee shall, at its sole cost and expense, cause to be placed in effect immediately upon commencement of the tela of this Lease, and shall maintain in full force and effect during such term, a fire and extended coverage insurance policy covering all Lessee's improvements, and its fixtures, equipment, furniture rind inventory in the Leased Premises, on a ,full replacement cost'basis (no deductions for depreciation), insuring against risks covered by an extended coverage form policy. P;lemait nllad11 nisTon m rcial Le;ise 31.iiaai city halr.ddc 4 r• D. Lessor shall cause to be placed in effect immediately upon commencement of the term of this Lease, and shall maintain in full force and effect during such term, a fire and extended coverage insurance policy covering all improvements, structures and their contents in the entire property of which the Leased Premises are a part, but not including Lessee's leasehold improvements, equipment, fixtures, furniture and inventory, on a basis satisfactory to Lessor's perinanent lender or the holder of tiny first lien mortgage or decd of trust on the land and building, insuring against risks covered by an extended coverage form policy. 12. LIENS AND INSOLVENCY, Except as otherwise provided herein, Lessee shall keep the premises free from any liens arising out of any labor performed or materials furnished to, or any obligations incurred by Lessee, and shall hold Lessor harmless against sante. in the event Lessee becomes insolvent, bankrupt, or a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease at its option. 13. SUBLETEING1 OR ASSIGNMENT. Except as otherwise provided herein, Lessee may not assign or sublet all or any park of this T -ease, without T,,essor's prior written consent, which consent will not be unreasonably withheld. 14. ACCESS, Lessor shall have the right to enter the Leased Premises at all reasonabtc times and upon three (3) days' written notice, except for emergencies for the purpose of inspection or of making repairs, maintenance or alterations, or to show the Leased Premises to prospective tenants sixty (60) days prior to the expiration of the term of this Lease. Lessor shall have the right to place a h'or. Rent sign in connection with the premises for the sixty (60) days prior to the end of thc term of this Lease. 15. POSSESSION AND OEll.tiJ ENJOYMENT. The Lessee shall be entitled to possession of the Leased Premises as soon as the same are ready For occupancy as hereinabove described and shall be entitled to continued quiet enjoyment of thc Leased Premises during all periods under the term of this Lease, provided that the Lessee shall be in good standing and shall have paid all rent reserved under the Lease and performed all covenants agreed to be performed by the Lessee under- the term of the Lease. 16, DAMAGE OK DESTRUCTION, In the event the Leased Premised arc rendered untenantablc in whole or in part by fire, the elements, or other casualty, Lessor may elect at its option, within ten (10) days of the event not to restore or rebuild the premises and shall so notify Lessee, in which event Lessee shall vacate the Leased Premises and this Lease I';kmoil nrinchmenu\Coiniileet131 Luso 11 ,(1n31 city Ii It,doc $ shall be terminated; or in the alternative, Lessor shall notify Lessee within ten (10) days after receiving notice of such casualty that the Lessor will undertake to rebuild or restore the 'Leased Premises, and that such work can be completed within ninety (90) days from the date of such notice of intent, If Lessor cannot restore or rebuild the Leased Premises within the said ninety (90) days, except for delays which are not the fault of the Lessor, then the Lease niay be terminated at the Lessee's option by ten (10) days' written notice to Lessor, During the period that the Lensed Premises pare not tenantable, rent shall abate in its entirety. 17. SIGNS. The Lessee shall be permitted to have signage in connection with the occupancy of the Leased Premises. All signs or symbols placed by Lessee shall be subject to Lessor's prior written approval, which will not be unreasonably withheld or delayed. Ail sighs shall be non -illuminated and shall he consistent with other signage placed upon the building or on any sign post established for tate general use of all tenants within the building or Using other building on the property common to the area. Signs shall generally conform to tate size and type of sign currently used currently on the exterior of the Clock Tower Professional Building at the Redwood Plana. At the termination (Alike Lease, the Lessee shall remove all signs, at Lessee's expense, placed in, on or about the Leased Premises and will repair any damage caused by the removal of said signs. If the Lessee has a sign in a common use sign post or board, Lessee shall place plastic in the sign at the termination. of the Lease. 18. ALTERATIONS. Lessee niay stake alterations, additions and improvements in said Leased i'rcmises, at its sole cost and expense after obtaining prior written consent of Lessor, which such consent will not be unreasonably withheld, and entploying'a contructor approved by Lessor. Lessor's consent and .approval of contractor shall not he required for cosmetic repairs such as painting and carpeting. In thc performance of such work, Lessee shall comply with all laws, ordinances, rules and regulations of any applicable public authority, and shall save Lessor harmless from any damage, except for Lessor's negligence. Upon termination of this Lease and upon Lessor's request or with Lessors approval, Lesscc shall remove such improvements and restore the Leased Premises to their original condition, except Lessee shall not be required to remove thc leasehold improvements provided for herein under Sections 7 and 33 and Exhibit "13". Any improvements not so removed shall remain in and be surrendered with the Leased Premises as a part thereof. Trade fixtures may be removed at Lessee's expense, provided that Lessee shall pay for any damage caused by such i':lemeil nllnclnneilLtlComnitrcinl Lease 31,flnal Cllyi olLdoc G removal. Nothing contained herein shall prevent or restrict Lessee's right to remove the Dias, related fixtures, sound and electronic system, and cabinets which are installed on the Leased Premises. Upon removal of the above items, Lessee shall repair any damage caused by the removal of the above items, reasonable wear and tear excepted. 19. ADA REQUIREMENTS. Throughout the term or any extended teen of this Lease, Lessee shall be responsible for compliance with Title I11 of the Americans with Disabilities Act, 42 U.S.C., Section 1200, et seq. (ns amended), as it applies to Lessee's USC and occupancy of the Premises. In the event compliance shell be required, all alterations to the Premises shall be accomplished pursuant to Section 18 herein. 20. CONDEMNATION. In the event that any government, or any agency or instrumentality having the power of eminent domain shall, by condemnation or deed in lieu thereof, take title, possession or the right to possession of the Leased Premises or any part thereof, Lessor may, at its option, terminate this Lease as of the date of such taking, and if Lessee is not in default under any of the provisions of this lease on said date, any rental prepaid by Lessee shall, to the extent allocable to any period subsequent to the effective date of the termination, be promptly refunded to Lessee, provided Lessee shall he entitled to seek compensation for any Lessee improvements which are so taken by eminent domain. 21. HAZARDOUS WASTE, Lessor represents and warrants to Lessee that there are no asbestos, asbestos containing material, radon gas, PCB's, lead paint or hazardous, dangerous, regulated toxic wastes, substances or materials, as such terms arc defined or regulated by any applicable laws, rules, regulations or ordinances (collectively, "Hazardous Matcrials"), in, on, under or about the Leased Premises or the real property in which the Leased Premises arc situated. 'Landlord shall, at Landlord's sole cost and expense and in compliance with applicable laws, rules, regulations and ordinances, remove any Hazardous Materials discovered by Lessor or Lessee at the Leased Premises during the term of this Lease, unless such Hazardous Materials were caused by or brought to the Leased Premises by Lessee or any party for whom Lessee is legally responsible. Lessor shall indemnify and hold Lessee harmless for all losses, liabilities, claims, damages and demands, including reasonable attorneys' fees and costs litigations, arising out of or in any way connected with the existence of any hazardous Materials, and for all costs of inspection and removal of such Hazardous Materials. The indemnification and hold harmless provision stated in this Section 21 shall not apply to any Hazardous Materials that were caused or r:km'il nl�urhme,iu\Camnierciai Lease 31.fint tit}' h311.doc 7 ee brought to the Leased Premises by 'Lessee or any parry for whom Lessee is legally responsible. Lessee shall be solely responsible for the removal and clean-up of any Hazardous Materials that were caused or brought to the Leased Premises by Lessee or any party for whom Lessee is legally responsible. 22, CONFIRMATION BY LESSEE. Lessee agrees, from time to time during the lease tertnm, upon not less than fifteen (15) days' prior written request by the Lessor, to sign and make available to the Lessor, a confirmation stating that the Lease is in full force and effect and unmodified as of the date of the signing of the confirmation. The purpose of such confirmation shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective mortgagee providing financing for the subject real property and the improvements thereon. 23, EXHIBITS. S. The exhibits attached to this Lease are made a part hereof and by this reference incorporated herein. 24. DEFAULT AND REE NT 'Y., If the Lessee shall fail to keep and perform any of the covenants and agreements herein contained, other than the payment of rent, and such failure continues for thirty (30) clays after Written notice from Lessor, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease and re-enter said Leased Premises, or in the alternative, Lessor may, without terminating this Lease, re-enter said Leased Premises, sublet the whole or any part thereof for the account of the Lessee for the balance of the tern of this Lease, and Lessee covenants and agrees to pay to Lessor the fair rental value of any deficiency arising from the re -letting of the Leased Premises at a lesser amount than herein agreed. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lessor, or at the Lessor's option, shall pay the present value (discounted at the rate of seven (7) percent per annum) of the balance of the rent for the remainder of the term of the Lease less the present value (discounted at the same rate) of the Bair market value of the Leased Premises for said'perioct. 25, PREACH 01? 11;A,SI1. If the Lessee breaches this Lease after written notice and grace periods, then this Lease may be terminated by the Lessor in the following manner. The Lessor shall serve upon the Lessee, by registered or certified mail, at the Lessee's last known rnddress, a notice in writing of the fact of said breach or breaches and a detailed description of said breaches. From and after the mailing of said notice, the Lessee shall have ten (10) days to cure any breach for the nonpayment of rent and thirty (30) days to cure any other breach of the P;lcmoil n1lnchmcnts1Cenimcrcial [Apo 31,11nnt city hall.dao 8 Lease, Failure or the Lessee tb remedy said breaches within said period shall result in Lessee's total forfeiture of all its right, title and interest under this Lease, and the Lessor shall have the right to enter said premises and remove the Lessee and her property therefrom, take immediate possession for the purpose of protecting said property and cancel this Lease in hs entirety and re- let the Leased Premises. In all cases of such forfeiture, Lessor shall make a goad -faith effort to mitigate its damages. Lessee shall be liable only for reasonable deficiencies, which do not exceed the fair market value of rent resulting from re -letting. 26. REMOVAL OF PROPERTY. In the event Lessor lawfully reenters the Leased Premises as provided herein, Lessor shall have the obligation to remove all of the personal property located therein and to place such property in storage at the ex pense and risk of Lessee. 27. SUBROGA`I'1NG WAIVER. Lessor and Lessee each releases and relieves the other and waives its entire right of recovery against the other for loss or damage arising out of, or incident to, all perils described in the fire and extended coverage insurance policy approved for use in the State of Washington, which occurs iu, on or about the Leased Premises, whether due to the negligence of either party, their agents or employees or otherwise. 28. SUBORDINATION. Except as otherwise provided herein, Lessee agrees that this Lease shall he subordinate to any mortgages or deeds of trust placed on the property provided that in the event of foreclosure, if Lessee is not then in default and agrees to atlorn to the mortgagee or beneficiary under deed of trust, or purchaser at a foreclosure sale, such mortgagee or beneficiary or purchaser shall recognize Lessee's right of possession for the full term of this Lease. Lessor agrees to use Lessor's best efforts to obtain a Von -Disturbance Agreement from any mortgagee, beneficiary or purchaser. 29. NO WAIVER 01r COVENANTS. Any waivcr by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. 30. ENTIRE AGREEMENT, This Lease contains all the agreements between the patties and no modifications shall be effective except by written instrument, signed by both parties. 31. SURRENDER Or PREM Ii i± S. Lessee agrees, upon termination of this Lease, to peacefully quit and surrender the Leased Premises to Lessor without notice, to leave the Leased Premises neat and clean, ,welt maintained, in good condition, normal wear and tear excepted, and to deliver all keys to the Leased Premises to Lessor, Menial! nllachimius&Couunerciel Lease 31,11nal dry heIlstac 9 32. UO.LDINC OVER. If Lessee, with the implied or express consent of Lessor, shall hold over oiler the expiration of the term of this Lease, Lessee shall rernain hound by all the covenants find agreements herein, except that the tenancy shall be from month to month and monthly rent shall be otherwise agreed upon. 33. BINDING ON .HEIRS, SUCCESSORS AND ASSIGNS. This Lease shall be binding upon the heirs, executors, administrators, successors and assigns of both parties hereto, except as hereinabove provided. This Section 33 shall not constitute a consent to assignment on the part of Lessor. 34. NOTICE. Any notice required or allowed to be given by either party to the other shall be deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Lessor or to thc Lessee at their addresses stated below, or at such other address as either party may designate to the other by notice given as herein provided. Lessor at: Lesscc at: Northwest Christian Schools CIO WED Properties Inc. 140 S. Arthur Suite 510 Spokane, WA 99202 City of Spokane Valley Attn: City Manager 11707 E. Sprague Suite 106 Spokane Valley, WA 99206 35. NON-SMOICINC BUILDING POLICY. It is agreed between Lessor and Lessee the Clock Tower Professional Building is a smoke-free office complex. There is to be no smoking at any time inside of the office building. Smoking is not permitted near any exterior entrance door to the Clock Tower Professional Building. If smoking within or outside this complex becomes a problem, thc Lessor has the right 10 cancel this Lease pursuant to Section 25 herein. 36. FRONT DOOR SECURITY. For thc safety of all tenants and the janitor all exterior doors must be locked after 7:00p;na. Monday through Friday. On the weekends all doors must be locked at the time of entering and at the time of exiling. Notwithstanding the above, Lessor recognizes that the City may oocupy and use the Leased Premises after the above hours for meetings and other City activities. The parties shall make arrangements that permit the City P:acm.iil uillcitmenis\Commercidl ',case 3I,6n:1 city hall.doc 10 to unlock exterior doors after 7:00 p.m. Monday through Friday and to use the Leased Premises on Saturdays for the purpose of engaging in City business, 37. TIMI Cl_ET.151 :11. Time is of the essence in all provisions of this Lease. 38. IMPROVTlVIENTS. Lessor shall complete, at leessee's sole cost, those improvements as noted in Exhibit "B". The rental amount includes an estimate of tltc costs noted in Exhibit "13" (except for ,Scute 105) plus a Construction Management Fec of five percent (5%). The total actual cost of Leasehold improvements plus an. tight percent (8%) annual interest rate thereon will be amortized over 48 months coninmencing March 1, 2003. Should the actual amounts paid for improvements be less than those costs outliued in Exhibit "B", the rent shall be adjusted accordingly. Noted costs as outlined in l xhibit ' 13" are based upon current building standard improvement materials. Should changes be made to the building standard improvement materials that increase the cost of Exhibit "A", the rents shall be adjusted accordingly. Upon execution of this Lease, the Leasehold Improvements shown on Exhibit "B" and as otherwise agreed shall be immediately commenced. 39. OPTION TO EXPAND, During the lease term, Lessor shall provide Lessee the option to expand into any avuiinblc space at the then torrent lease rate and remaining term the Lessee is obligated. 40. FURNITURE. During time lease term and at no additional cost to Lessee, Lessee is allowed the use of approximately 22 cubicles, 1 reception cubicle and all seating available of Technion furniture currently in Suites 101 and 106. in addition, Lessee shall be given the use of all other available fiirniturc as needed on an as -available basis. 4L RENT DEFE RI47ENT, Lessee is hereby allowed to defer payment ot'rent for a period of five (5) months beginning March 1, 2003 to July 31, 2003, with deferred and current rent due by August 10, 2003. Late charges shall only apply if said rent is not paid by August 10, 2003, 42. ARBITRATION. In the event of a disagreement arising under this Lease, all matters shall be submitted to arbitration as follows: A. The party seeking arbitration shall submit, in writing, to the other party, a statement of the issue(s) to bo arbitrated and shall designate a party to act as arbitrator on behalf of the patty seeking arbitration. The responding party shall supply a stateiiment of any counter or additional issues) to be arbitrated and shall nominate an arbitrator to net for the responding I':Lemaii apacfitarnts1Canu"etcial Lease 3 t,fiital city holl.doc 11 party. This process shall be accomplished within fourteen (14) days after the party seeking arbitration has deposited in the United States mail, postage prepaid, the initial notice of intent to arbitrate, addressed to the other party al. the address hereinabove shown. B. 'The two (2) arbitrators selected shall immediately select a third arbitrator. The arbitrators thus convened shall, within a time established by a majority vote of the arbitrators, conduct a hearing on the issues submitted to them and render a decision on each issue, in writing, to each of the parties to the dispute. Any decision as to procedure or substance made by a majority of the arbitration pastel shall be binding. A decision by a majority of the arbitrators on any issues submitted shall be the decision of the arbitration panel as to that issue. 'l'he arbitrators shall have authority to award costs and attorneys' fees to either party in accordance with the merits and good faith of the position asserted by the parties. Said final decision of the arbitration tnay be submitted to the Spokane County Superior Court to be enteral in the form of a judgment therein. C. in lieu of appointing duce (3) arbitrators in the manner set forth above, the parties may, by written agreement, designate a single arbitrator. 0. Except as provided herein, the arbitration proceedings shall be conducted in accordance with the rules of the Arneriean Arbitration Association and the statutes of the State of Washington pertaining to binding arbitration. N WWTNESS 1Vif RBO1:, tho parties hereto have executed this instrument at Spokane Valley, Washington, on the day and year first above written. LESSOR: NORTN1VC '1' CRRI T1AN SCHOOLS By: --�. By: Vee GhopYtg10.0 f0jMj1on) NSG LI SSEE: CITY OP SPOKANF,;JAL ! Y By: LE ; ALTON Its: Interim City Manager p;tcmail nSlschmen,ACanuatreial Lease 1 I,fititial city hall.doe 12 STA'L'E OF WASHINGI.ON ) ) ss. County of Spokane Q I certify that I know or have satisfactory evidence thatph,0.i•Vto V/ the person/-' who appeared before rne, and said person acknowledgcd tiiatihoysignect this instrument, on oathstated that .dial was authorized to execute tpeT� jus r elent and acknowledged it as thc C.f�.Git141iV n�r�.S' ��l� CAQ IN4-1 4 of Northwest Christian Scliools tare the free and voluntary act of such party for the uses and purposes mentioned in the instrument, DATED this cSiitilEly of January, 2003. cPtt,I,p1 _41%1.,• 1"144;,,� r��t ad.'P'o a ; oil 4 tty-TATE-- STATE O1' WASHINGTON ) ) ss. County of Spokane ge2U-43644, a_ 616.4.4.(4, Print Name: almjyreeva, ►'.d.(tya NOTARY PUBLIC in and for the State of Washington, residing atnn- My Cotnniission expires: ,a/ /oy C certify 'that I know or have satisfactory evidence that Lce Walton is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath slated that he was authorized to execute the instrument and acknowledged it as tlic Interim City Manager of the City of Spokane Valley, to he the free and voluntary act of such party for the uses and purposes mentioned in the instrument. I)ATAI) this ' qday of January, 2003. P;4crnn;l atiachmcntlCommerdal Lease 31Mnalcity tiall,dac Print Name: NOTARY PUBLIC in and for thc State of Washington, residing at /-,:t dres`i r r . My Commission expires: d S d, 13 EXHIBIT "A" Redwood Plaza/Clocker Suite 101 1,924 Rentable Square Feet EXHIBIT "A" PUB REST .00 1 RES ROW CLOCKTOWER BUILDING/REDWOOD PLAZA SUITE 106 FIRST FLOOR 10,666 SQ. FT. r" EXHIBIT ' "El" KOEL INC P.O. BOX 14721 SPOKANE, WA 99214 (509)'838-2749 FAX (509) 8,38--2586 NAME1AorREs5 Wcbla Prope tits 140 S. Attbur Suilo (f310 $paltarta WA 99202 ITEM DESCRIPTION Z2 ' Duni don 6.1 Domisins walls patch repair 9.3 Floor Prepvarioi 10.0 Cciling Rcpalr 3,16 Efcctrioal & Li�j�tig 3.55 EIVAC 6.1, Intcticr wails 9.8 Pt+iodtt0lbi 9,4 Ssseboard 6.4 C2bittCcry 6.2 Dam & Trim & finish v otk 9.6 Floor covarug rcpolr 100 Profit & 0 yotati 300.1 Plan cheek and pc -mit fo?s WSST Thank you for yo Estimate DATEI: ESTIMATE NO. ' 1111/2043 111 P.0, NO. City of Spok o'VaR... an' TERMS C OST 610,00 155.00 44.00 315.00 1,570.00 440,00 840.00 5,836,00 44.00 9,877.00 335.00 175.00 2,43 3.00 460,00 PROJECT Rick TOTAL 630,00T 165.00T 40.00T 315.00T 1,570,00T 410.00T 5+10.00" 5,8311,00T 4'i3OOT 9,8Y7.0OT 385,O0T 175.00T 2.438,00T 160,00 1,841.32 business. TOTAL S25.060.32 Fd WcC2:2@ £092 £I 'uer 98526£86$5 '0N 2NR-id 7N f "11-1314J0>1 SEHS IN I d 9D '1d 1ST t l.�Ot1J EXHIBIT B eH TAY CWag iopO ILKIt PCL row, MI 1 {,+HETI s}Aln 6t131 at'r1tM q• c l 1, f%'P l 44RiT.11R4 1t.+441 - 6A LS", aliawt •4N, r 4.TY1 V'41. ptmq !'SIVi'�. Fill ICN at' 1k • SI IG. LM mug tgalf L mot** 1}11(101tr1Ptprrio, t .o.vomLuartusou. of e(NPLPJ' We al..1. 1P rOw1f, laI' "wale AIA+aFF .a>I[P �i Y16t �[slcaiw517 R "1". T4s14Wft'ltil�t Il+fl. n1iifPr�.(i+11r iki4 OK.Ir_ny, tura ma, wria /..�yi�e`s�Qia�`e�1,ebt5�&; I1L I"'""4""'"')* Ila- Iwf Y. a91f$GMYvoi, IfA I('M LNlf 11I 01 yraMVasl1 114'IWRt t!?fn1 T(( 6 06101 (6,(6'k- 1611'6'66 1', FLOOR PUN r i • NON IH EXHIBIT "Q" . KOFMEHL INC P.O. BOX 14721 SPOKANE, WA 99214 (509) 838-2749 FAX (509) 838-2586 NAME/ADDRESS Web Properties 140 S. Arthur Sulu✓ I/5I0 Spolione WA 99202 ITEM DESCRIPTION 2.2. Iirmoltioo 6,1 tkmmi3in j [Valli i n hole lbr dear 8.8 Entry doers 93 Floor Preparation 110 Dropety budget 3,16 Electrical & Lighting 6.7. poised platform slap and rnrog 9.4 Baseboard 6,4 Cobinttry 6.2 Display board nod projection; Crew 6udgrr 9.6 Floor coveting budget 100 Profit & th rnco4 360 Plan chock & Permit W8ST Thai&k you for your business. P.O. NO. Rid: Estimate DATE ESTIMATE NO. 109 t.W-a? '�,zsJ:srrd QTY COST 980.00 246.00 585.00 265.00 2,343,00 1,000.00 2,800.40 190.00 9,955.00 1,285.00 2,520.00 22 17.00 475.04 8.I0%n TOTAL 980.001 246.001' 585.00T 265,00T 2,343.00T 1,000.001' 7,800ADT 190.0DT 9,955.00T 1,255.00T 2,520.00T 2,217.00t 475.00 1,975.27 526,836,27 2d 1~'IJST:50 C80i? bi 'uef 983SUE8505 : IN 3,NtHd DNI 1R3WOM S k5INIJ 3Dl:ild 1ST : WOW EXHIBIT "Bu EXHIBIT DISPLAY BOARD PERMANENT EXHIBIT SPACE HALLWAY NEW 000R ANO FRAME COMO n. -__i I 1 1 - SEATING 8 s;AVil�'�—..�' M _ ;== 10 MOM LECTERN PRESS RECOR1TNG SECRETARY STAFF r RAISED PLATFORM +14" PROJECTION SCREEN — PERMANENT EXHIBIT SPACE NEW DRAPERY Suite 101 - COUNCIL CHAMBERS 0 mom r ! 3F= design group �rtia�rr����rtixrr,bl��t�s'<r,t�ttit�rlrr Clocktower Bldg. WEB PROPERTIES REDWOOD PLAZA 11707 E. SPRAGUE SPOKANE, WA 99206 SUITE 101 Clocktower BIdg, E lfl3IT 11C" RULES AND REGULATIONS 1, Lettering upon the directory board and the doors as required by Tenant shall be subject to Lessors reasonable approval, zind shall be madc by the sign company approved by Lessor. The cost of the directory board and one (1) door sign shall be borne by Lessor but all other lettering shall be paid by Tenant. The directories of the Clock Tower Professional Building (hereinafter "Building") will be provided exclusively for the display of the name and location of tenants and Lessor reserves the right to exclude any other name therefrom. 2. No additional locks shall be placed upon any doors of Premises, and Tenant agrees not to have any duplicate keys made without the consent of Lessor. if more than two keys for any door lock are desired, such additional keys shall be paid for by Tenant. Upon termination of this Lease, Tenant shall surrender all keys, 3. Lessor shall have the right to limit the weight and size and to designate the position of all safes and other heavy property brought into the building. Such furniture, freight, equipment, safes and other heavy property shall be moved in or out of the Building only at the times and in the manner permitted by Lessor. Lessor will not be responsible for loss of or damage to tiny of the items above referred to, and all damage done to Premises or the Building or property by moving or maintaining any of such items shall be repaired at the expense of Tenant. Any merchandise not capable of being carried by hand shall utilize hand trucks equipped with rubber tires and rubber side guards and shall only enter the building from the north entrance. 4. The entrances, corridors, stairways and elevators shall not be obstructed by Tenant, or used for any purpose other than ingress or egress to and from the Premises. Tenant shall not bring into or keep auy animal (service animals excepted), or any bicycle or other typo of vehicle within the litiilcling. 5. Tenant shall not disturb other occupants of the Building by making any undue or unseemly noise, or otherwise, nor shall Tenant allow objectionable odors to disseminate into the Building common areas or the Building HVAC system. Tenant shall not, without Lessor's written consent, install or operate in or upon the Premises any machine or machinery causing noise 0r vibration perceptible outside the Premises, electric heater, stove, or machinery of any kind or carry on any mechanical business thereon, or keep or use thereon oil, burning fluids, camphene, kerosene, naphtha, gasoline, or other combustible materials. No explosives shall be brought into the building. 6. Tenant shall not mark, drive nails, screw or drill into woodwork or plaster, or in any way deface the Building, the Premises, or any part thereof, or fixtures therein; except that pictures and similar decorations inay be hung by means approved by Lessor. The expense of remedying any breakage, damage or stoppage resulting from a violation of this rule shall be borate by Tenant, P;lrmail Atuac iiueuislaisimtrcint I.talc 31,flnat city IIa1I.CoC 7. The requests ,of tenants will be attended to only upon application at the office of the Building. Building employees shall not perform any work or do anything outside of their regular duties, except on issuance of special instructions from the office of the Building. IF the Building employees are made available for the assistance of any tenants, Lessor shall be paid for their services by such tenants at reasonable hourly rates. No Building employee will admit any person (Tenant or otherwise) into any office without specific instructions from the office of the t3tiilding. f1. Lessor reserves the right to close and keep locked all entrance and exit doors of the Building on Sunday and legal holidays and between the hours of 7:00 p.m. of any day and 7:00 a.m, of the following day and during such further Hours as Lessor may demi advisable for the adequate protection of Use Building and the property of the tenants. 9. Lessor assumes no responsibility for and shall not he liable For any damage resulting from any error in regard to any identification of Tenant or its employees. 10. Lessor shall, at its cost and expense, operate the air conditioning system from 7:00 a.nt. until 7:00 pm, on business days, except on Saturdays, when thc hours shall be from 8:00 a.m. until 1:00 p.rn. 11. Tenant shall exercise care and caution to insure that all water faucets or water apparatus, electricity and gas arc carefully and entirely shut off before Tenant or its employees leave the Building, SO as to prevent waste or damage. Tenant shall be responsible for any damage to the Premises or the Building or property and for all damage or injuries sustained by other tenants or occupants of the Buildnig arising from Tenant's failure to observe this rule, except if such damage or injury is caused by Lessor or Lessor's agents including but not limited to the janitors retained by Lessor. 12. Lessor reserves the right to exclude or expel from the Building any person who, in the judgment of Lessor, is under the influence of liquor or drugs, or who shall in any manner, do any act in violation of any of the rules and regulations of the Building. 13. Lessor reserves thc right to make such outer and further reasonable regulations as in its judgment may from time to time be needed or desirable for the safety, care and cleanliness of the Premises or the Building or property and the preservation of good order therein. P,lrroail mtathmenulCantnucr'inl Luse 3 Ulna' city hatt.doc LEASE EXTENSION EXPANSION AdIIEEMENT TiI IS AGREEnlEN'V' node this I3rs'lMsyur tsiarch, 21305 by nod between CITY OP SPOKANi? VALLEY, whose limiting address, Is 1 1707East Sprague, Spokane Valley, Washington 99206, (h.relnailer referred to 0s "Lessee), cod NORTHWEST CI IIt1STIAN SCHOOLS, u nonprofit torpurallon, (heralrielter referred to as "t..rssor"); WHEREAS, The Cily Of Spokane Valley, a Lesscu, wind Nurtim est Christian Schools, us Lessor, entered Into n Lease Agreements for Nudes 101, 103, 106 ns noted below, n copy of which is ntlnclied hereto as ExhibiI' A; and WHEREAS, U1c tenn oflho Lease expires on February28`', 2007. WHEREAS, Lcsseu desires to expand current premises nn ntldillonai 1,013 squire reel or suite 104, rod 2,300 square feel of Sulto 13 Warehouse for a Elva (5) Year tern on rho sumo !saes and condidctss set forth in sold luno, us amended Hereto. WH1;ItI;AS,1 iso LCSSIw desires to continue saki Ic se for an additional Three (3) Year beyond Ino cad OF IIS Current tenn wider Lha sante lernts },,d cuuditLons sat forth In saki lease, as amended herein. NOW, THEREFORE, fur and in consideration afore recitations set forth; this Terms and provisions Iicrabl contained, and the mutual benefits lobe derived hero front, Tho parties do hereby conlrncl, covenant uud ogres its !follows: 1,1}�rt'i iuiI of l a.'o' '111C I_uCNti, attacked henau io H.kbibll "A" urn] lntur1ivn11ed heroin by reference, is hereby renewed fur u five (5) Yrnr term, beginning un April 1, 2005 and trrruinnting int MIrch 31", 2010. 'Tho l,c55ca Covcnanls 0101 ngrces to comply with Millie lentis and conditions of said lease, ns berth amended, end to be bound thereby rind lo pry 1111 rent in Lha nnunntr Rinsch pluvidcd, 2, pn:Ill1stc Leased. Losec had leased otutul of 13,940 square feel within the Mel:lowet Ovilding, noted as follows: Suile 101, 105, and 106. All ns shown on M31164'13" nllnched hereto. Premise hu been changed lo add Suite tat with 1,015 Squnru 1'cci within the CJocklowcr Liu ildMg, rind 2,300 Square Feet Wtsnlluusu space lucutl:d nt Building 11 to as follows: L.ossco shall Tease n total of 19,255 square feet within the Suites noted its follows: SiiUu 101, 104, 105, 100, nnd StAtc 11 warehouse. All ns shown on xhiblr"11" uuechcd Iinreio 3. Arnendntcnts to l.easo. Lcssco rind Asslbnca hereby agree to emend ccrtutn provisions under the Lgnso ns fellows; u Run The tern efthe Ieuo is untended for n Cann beginning April 1st, 2003 and Icmihhaling hlnrrlr 31, 2010, hcn•innller referred 10 as the "Lease Tenn". b, jpae2, 'lire span to be leased Is culegoriycd os ollIce space and storage space. Office apnea includes 16,755 square feel, nnd shall bo charged al the following monthly talcs for 'hammed years: 1'irsl. lweiso months Second twelve 100111Irs '[inti Iwolvo.menlhs poudh Iwely i womb% Filth twelve 1110111115 51.1.75 per squaw. fuer 515.15 put. squaw fuel 515.65 per sqp, ro fool 516,15 per ,square foot Y16,75 per square Nut Thc atoruge space ;mimics 2,300 squaw feet, used shall ba diorged el the rale of $4,00 per square root Ile( month. c. g. !ojj, Lessen opera lupay 7WTNTYONLr-11IOUSANLISIX IIUNDRGO Si;VEEN AND 191100 DOLLARS (521,607.14) prr month during ilio first Swc1rc (12) month period, liter TWONTY TWO `rf•10USANi) ONE HUN I)RI t) S6V6P'i"Y TWO AND 35/100 DOLLARS (522,172.36) per month for 1110 Scowl twelve (12) Month period, tlaenTWENTY TWO THOUSAND !hull'[ 1.1UND1t3D SIWVENTY 1221G11TAND B I00DOLLARS(5;22,078.0.2) per month for the third twelve (I2) menti period, [hell TW1EN'1 Y THREE' '11 IGUS/IN01 l Y1 I LU14DtlLD 1510111Y FIVE; AN5 27/100 (523,585.27) dor the fount' lwelvu(12) month ported, then 'MINTY Tint EP, THOU5ANI) SEVEN HUNDRED 'TWENTY SIX ANO 57/100 DOLLARS (524,433.02) -for the Milli twelve (12) n'1muLi period . e. NNW fl,__:u 1'roperty'l'uwu, Utililita, Maintenance, Insurnnco, Adi,iiritstr live 0 Cumlilun Area Maintenanceto bo pa itl by tenant for swage space only ns follpiw5: 2,300 sq, p. or42, 672 fatal CAM sqfl, or 5.11:171 of build ins premises, CAM ch:rr6rs urn billed tossterly, Inidsh;4/4"_ fes-e9z {ti ,&nolllrc4.1'snalrl lltuorow ,teal+- I.cssc0 will cuirliiue to repay remaining (canal inrprovenicit cost from original us sided in original Icer. c (13xlIibil A). Original went lnsprovement cast enluuritcrl las 5154,772.88. Reltmolning Idol owed is S74,237,'d4 lo bu uururtixcd Ear sixty (iiD) months. Told monthly instail111ents amount to S'1,237.63 per month. v. pp:ion ip Renew, Lessee shall have aptlon to renew this Karo for ono (I) liddil icon' ditto (3) y' r period, Provided however Lessee provides Lasser with 120 drys prior written nuke before lease, espiratlon of 'Assess li Callon to do so. All terms and conditions shall remain the sumo whir the exception ofront, tvhieh shall he negotiated. E Tenantlntutovemenll: Lassos shall provide of Lessors solo cost end discretion, Uro ffirelwlltg tell:lnt improvements: attio_nt Clcau cnrpcti, pilin' %v;tlls eJuough 0111 the prentiso, lnsloil sound proofing between City Managers orrice mid oalcc In Suite 104. SIiIIo 105; instatI weenixed window bi current Yvks R Recreation oireetvrs office. 11ntxing; provide aspanded fenced pointing Wren adjoining the existing fenced parking nrcn. Conference Room: 'los .evcrr conference atom every Wednesday morning, Bram lo 1 Iota, Reserve conference room el least three oilier days each year, avid' edvartca reservnlion. lixeepl us niuJrficd herein n11 utlur term mud conditions of said Lease shall remain in full fume and clTecl. 3, svotvc . MoJifcriliuu nr.Ariicmhncn No w.river, Inn liliI.111un uramenJrncnt army ton 0r condition ofthis 4revI1iwI shall be dieclive, unless in willing, and no waiver or Indtdgenca by cilhcr party or fitly deviation by 1110 other puny from RIii peri`oriorrco ofthis Agreement gelate bo n waiver of the right to suJsequertt or other full, surer, and lintel), potion once. 4. pekoe,' o CIoutyo, Tills Agreement and 11ru Lcuo r Agteclitea( attached as edtlbit A express USo full nod final purpose mad agreement oflrie palsies and will not be qualified, modified ur supplcnierlled by Course ofdeallisg, usage of Inde, or course of perfonoame, 5. Cotwlcraalls, This AgCcntee1'nay be exceeded in Iwo or mora ports, each of which shall bo deemed en original, but ell of which together shall constitute unu end lieu sumo instrument, IN W1TNFISS WHERCOF, Rio parks herelu Imre sct their hands this ilInfay or 10;4A,1.4 1.1 _ 005. I C+SSon NORTI1 WEST ctlftisTIM'J SCH001,S Erse% ,r,'t / f r Jr 1,0 t „lee l�C��r'1'i�r,vt res., rU �2pr Vl"` 7C�la r icee • • Otydsr- 2 CITY QF Sp01KANl? VALLILY ITS -J 12,1CWIc0Qi 244-4 /4. 4..5. Imitates'' A01DI0.SS 1'ORNOTICI S ANO RENT ADDRESS FOR NOTICES NonInraiI ChfiSiian Sthpolc, Inc. C to 1Ytla 11roperiikl, IIIc. P.O. [lox 11409 sppkaao,WA 99101 3 Cily OrSpoknnc VnItey 117a7 C. Spr■guo SUITS TOG Shokaac Val lay, WA 99100 lui[ioll� COMMERCIAL LEASE AGREEMENT .FOR REDWOOD PLAZA TUTS Ltr;ASE;, .rondo and entered this 1" day ofluty, 2006, by and between Northwest Christian Schools, n non-profit corporation, 5104 11. Benthill Rd., Colbert, WA 99005 hereinafter referred to as Lessor; and City of Spokane Valley, whose mailing address is 11707 bast Sprague, Spokane Valley, Washington 99206, hereinafter referred to ns Lessen. MTNESSETH: As used herein: (I) the ton" Lessee shall refer and apply equally to tho plural term Lessees, (2) he or his shall apply to site and Iters. For and in cnnsidenttion or the mutual promises contained herein, the parties agree as Follows: 1. LEASED P(J '1-ISt•;S. The Lessor does hereby Lease to the Lessee and the Lessee does hereby hire and lease from the Lessor those certain premises located and described as Tho Clocktower Building Suite B-3 11703 B. Sprague Ave., Spokane Valley, WA 99206. Consisting of approximately 3,290 Sq. Ft. 2. (a) TERM. The term of this Lease shall be "Iltrce (3) years and Eight (8) month, commencing on August 1, 2006 rind ending Murch 31, 2010. In the event occupancy occurs m the middle of any month, rant For the first month shall be prorated to the first day of tho next succeeding month and thereafter, all rental payments shall bo due rind payable on tho first (1'r) day ofcuclt moalh. (1t)RENT. Lessee covenants and agrees to pay the Lessor of Wp:13 Properties, Inc. P.O. 13ox 21469, Spokane, WA 99201, or to suet' other place ns the Lessor may hereafter dcsigmate, monthly rental in the amounts of and due and payable on the first (l'r) day ofeaeh month as noted. This is n gross Inn and includes all costs for tau subject Leased Premises algid common arca. A.The rental for the first Five month of this Lease shall bo TWO TIIO[JCAND ) rG:Et'i'7f 'f'I3itN;E AN() 33/100 ])O:LLM S (S2,083,33), per month in advance on tho first (1") dny of August, 2006. The Rental for the Next 'litreo months of this lease shalt be TWO Tf1OUSA.NTi SEVEN RuNDREJ) FIFTY FIVE ANO 20/100 DOLLARS (S2,755.20), per month in advance on the first (lr') day of January, 2007. The rental for the first full Twelve months of this Lease shall be TOME E THOUSAND F1VE HUNDRED TWENTY NINE AND 9011010 DOLLARS (S3,529.90) per month in advance an the first (1") day of cacti month of the First (1") Twelve months of the lease term. l° C06-63 Tttu rental for the 2nd Twelve months of this Lceso sltull be THYME THOUSAND SJR\ Ii JNDRIs'1) THIRTY FIVE AND 7911110 DOLLARS ($3,635.79) per month in advance on the firs (1'r) day of each month of the Second (21 Twolvd months of tho lase term. Tho reLt kI for the 34 Twelve months of this Lease shalt be THREE THOUSAND SEVEN H't'NDRi» volurY FOUR AND 87/100 DOLLARS ($3,744.87) per month in advance on tho first (1'r) day of each month of the Third (3rd) Tworvc months of dm lease terns. rl late -payment assessment of Five percent_ (5%) of the monthly rental due will be charged for any rent paid after the tenth (51h) business day of the month in which rent is due. 3. USE OF PREMISES; The Lcasecl 'Promises shall be used for commercial business purposes os permitted within a commercial business utnc in Spokane County, Washington and nII activities incident thereto and for no other purpose without the prior written consent of Clic Lessor first obtained, Lessee shall trot use or allow the use of the Leased Premises in any manner that causes damage to the real property or improvements, nor shall Lessee use or allow use of the Lensed Premises in any manner which would increase insurance premiums or for any illegal purpose. Lessee shall comply with ull governmental rules, orders, regulations, or requirements rolnting to the use and occupancy of trio Leased Premises. el. (RULES AND REGULATIONS. IONS. Lessor reserves the right to promulgate such reasonable rules and regulations relating to the use of parking areas ns it may decor appropriate and for the best interest of the tenants, and Lessee agrees to abide by such rules and to cooperate in tlrn observance thereof. Such rules and regulations shall be binding upon Lessee upon delivery of a copy thereof to Lessee, Snid rules and regulations may be ,rmended by Lessor from lime to time with or +vithout ndvanco notice and such amendments shall be effective upon tho delivery of a copy thereof to I..essec. Any material violation of such rules and regulations by Lessee, its officers, ngcnls, employees or subtcnnnts will constitute a breach of this Mose and, upon expiration of the cure period, entitle the Lessor to claims a default thereunder in tine seine mariner and to the same extent as any other default ander the tense: provided, however, that the notice and cure provisions of Section 23 of thisLease shall be applicable. 5. ;REAL ESTATE TAXI -N. The Lessor shall pay all real property tomes due or falling clue on said premises. However, in the event the Lessee shall make an intprovctnent on the property which causes an increase in real property taxes, the Lessco hcreby.agrecs to pay any reasonable increase caused. sr.o2 sae:na 2 6. MAINTENANC.it, Lessor shnll maintain in good condition, thio improvements on the real property, including parking lot, lensed pursuant to this Lease. This shall include any and all maintenance required to keep the improvements on the real property, including parking lot, which is the subject matter of this Loasc, in die sante condition, less normal wear and tear, casualty, condemnation and repairs required to be made by Lessor, as of the dale of cnrnmencotnent of this Lease. 7. PARKING LOT MAINTENANCE, The Lessor shalt keep and maintain the parking lot and landscaping in a neat and clean condition and repair at all times. in addition, Lessor shall remove snow (-luring the wittier Sanson, as needed, and the Lessee agrees that there shall 1)o no vehicles left overnight in Ilse parking lot arca by Lessee or any employee of the Lessee in order to prevent interference with the cleaning, maintraining and snow removal of the parking lot area. UTiL1..Tfl S. Tho i..cssor agrees to pay all cliwrgcs for light, heat, water, sewer, garbage and all other utilities and services furnished to tiro premises except telephone. Lessor ogees to provide janitorial services sufficient to keep said Lensed Premises and common nrca neat, dean and free of garbage and debris al 4111 times. 9. ACCIDENTS AND LIAJJJLITY. Neither Lessor nor its agents shalt be liable for any injury or damage to poisons or property sustained by Lessee or any others, in and about the Leased Premises. Lessee agrees to defend and holt) Lessor and its agents harmless from Filly claim, action andlor judgment for damages to property or injury to persons suffered or alleged to be suffered on the Lensed Premises by nny person, firm or corporation, unless caused by Lessor's negligence. Lessor rind Lessee agree to maintain public iiability insurance on the Leased Premises in the minimum single limit of One Million and NoilOO dollars (31,000,OOO.OU) and shall name Lessor as aaaa additional insured. Lessee shall furnish Lessor with a certificate indicating that the insuranco policy is in full force rind effect and listing the Lessor as an additional insured on the policy. Lessor shall name Lessen as nn additional insured and shall furnish Lessee with a certificate indicating the insurance policy is in full force and effect and listing Lessee as an additional insured. 10. LIENS AND INSOLVENCY. Except as otherwise provided I,.cssee shall keep the Lensed Premises free from any liens urising out of any labor performed or materials furnished to, or nny obligations innurrcd by Lessee, and shall hold Lessor harmless against sateen. fn the event Lessee becomes insolvent, bankrupt, or is a receiver, assignee or other Liquidating officer is appointed for the business oFLessee, Lessor may cancel this Lease at its option, 51.02 20121).7 3 • 11. SulliLETTLETI 011 A S1CNMTNT. Except as otherwise provided Lessee finny not assign or sublet all or any part of this lease of tho Leased Premises, without Lessor's prior written consult. 12. ACCESS. Lessor shall hove the right to enter the Leased Premises tit all reasonable times and provide Leasee reasonable notice except for emergencies for the purpose of inspection or of making repairs, additions or nitentlions, and to show the Leased Premises to prospective tenants sixty (60) days prior to the cxpinttion of the temi of this Lease. Lessor shall have the right to placo n For Rent sign in connection with the Leased Premises for the sixty (60) days prior to the end of the term of this Lease. 13. POSSESSION Ai\1) OUIET 1±;i1JOYM7ENT, The Lessee shall be entitled to possession of the Leased Premises as soon as the sante are rcncly for occupancy as hereinabove described and shall be entitled to continued quiet enjoyment of the Leased Premises during all periods nyder the term of this Lease, provided diet the Lessee shall be in good standing and shall have paid nil rent reserved under the (..case and performed all covenants agreed to be performed by the Lessee under the term of the Lease. 14. DAMAGE OR DESTRUCTION. to the Mill the Cease! Premises aro rendered untcrrantable in whole or in part by fire, tho elements, or other casualty, Lessor may elect at its option, within ten (10) days of the event not to restore or rebuilt! the Leased Premises and shall so notify Lessee, in whielr event Lessee shell vacate the l -eased Premises and this Lenses shall be terminated; or in the alternative, Lessor shall notify Lessen %vitt] in ten (10) days atter receiving notice of such casualty the Lessor will undertaike to rebuild or restore the Leased Premises, and dint such work can bo completed within ninety (90) days front the date of such notice of intent. If Lessor cannot restore or rebuild the Leased Premises within the said ninety (90) days, except For delays which aro not the fault of the Lessor, thou tho Ie;tse may be Terminated nt the Lessee's option by written ten (10) days notice to Lessor, flaring Ilia period (hot the Leased Treatises are not tenantable, rent shall abate in the same retia os promises rendered untenantnble bears to the whole of tho Lensed,Prcrniscs. 15, StCN,S. The Lessen shall be permitted to have signage in connection with the occupauey or the Leased Premises. All signs or symbols placed by Lessee shrill be subject to Lessor's prior written approval, which will not be unreasonably withheld or delayed. All signs shall be non- 5LA2 301213.2 4 illurninatetl and shall be consistent with other signage placed upon the building or on any sign pest established for the general use of all tenants within the building or using other building on the property cgrtcntori to the area. Signs shall generally conform to Ilse size and type of sign currently in use on the Clocktower Building, At the termination or the Lease, the Lessee shall remove all signs, at Lessee's expense placed in, an or about the Lensed Treatises and will repair nny damage caused by the removal to the i.,eased Premises, If the i,essea has a sign in a common use sign post or board, Lcssscc shall replace plastic in the sigm at the termination of the Lose. 1G.. ALTERATIONS r1'lJ) IMPROVEMENTS. Tenant shall not make alterations, additions or to the improvements Premises without tl:it prior written canscrcl of Owner. Unless otherwise provided for, ell such alterations, additions and improvements shall be at Iho solo cost and expcnso of Tenant, and shall become the property of Owner and shall remain as part oftlie Premises at the termination or expiration of this Lease. Tcnwit agrees to save Owner harmless from any damage arising out of any such work. Owner reserves the right to make, front time -to -time, at its expense, such nllerat ions and improvements to Premises and Property as it deems appropriate 17. CONDEKNATtON. ht Ilia event that any government, or any agency or instrumentality having the power or eminent domain shall, by condemnation or deed in lion thereof, take title, possession or the right to possession of the Leased Premises or any part thereof, Lessor may, at its option, terminate this Lease as oftlic date of such laking, and if Lessee is not in default under any of the provisions of this Lease on said date, any rental prepaid by Lessee shall, to the extent altocablc to any period subsaqucnt to the effective date of the tenanination, be promptly refunded to Lessee, provided Lessee shall bo entitled to seek compensation fbr tiny Lessen improvements which pro so taken by eminent (domain. ltl. COMPLIANCE ti4`1111 LMVS. Lessee shall at all times keep and uscsoicl Leased Premises in accordanco with applicable laws and ordinances and in accordance with applicable directions, rules and regulations of public officials arid dcpartinents as applicable to f ossee's specific use of the Leased Ptetrtrsas As opposed to arse in general by the tenant at the solo expense of Lessee Carless otherwise agreed by the parties. 19. CONFIRMATION 'B LESSEE. Lessee agrees, from time to time during tho Lease period, upon not ten than fifteen (15) days prior written request by the Lessor, to sign and mako available to the Lessor, a confirmation stating that the Lease k in full force and effect and unmodified as S r.o2 3O4213.2 5 of tiro daft: of the signing of the confirmation. Tho purpose of such corfiinn it.ion shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective mortgagee providing financing For said property, or which the lensed Premises is a part. 2tte l ?+T=1�Ab1lieS.K T 1t.A.L OSLY 't'I_(e . There being more than ono Lessee, the obligations herettrttter imposed upon Lessee are., Joint and severe i-trptttmll pe s included as Les 21. RIDERS. Tic riders or addenda, if nny, attached to this Lease tare made a part here by reference, 22. DEFAULT AND ft-LNTRv.. lithe Lcssce shall fail to keep and perform any of the covenants and agreements herein contained, other than the payrucnt of rent, and such fnilire continues for thirty (30) (lays after written notice From Lessor, unless .appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may termina(o this Lease and re-enter said leased Premises and without terminating this Lease, re-enter said Leased Promises, sublet the whore or tiny part thereof for the account oldie Lessee for the balance of the tcrrn of (his Lea$o, rind Lessee covamtnts and agrees to pay to Lessor the Fair rental value of any deficiency arising from rt -letting of the Leased Premises At n lesser amount than herein agreed to, Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lessor or nt the Lessor's option, shall pay the present vntue [discounted at the rate of seven (7) percent per annum) of the balance or the rent for the remainder of the term of the Lease less the present value (discounted at tho same rule) of the fair market value of the Leased Premises for said period. 23. DRI ACH Or L1±.ASL; Ir tho Lessee breaches this lAase after ►vritlen notice and grace periods, then this Lease may be terminated by the Lessor in the following manner at its option: Tho Lessor shall servo upon the Lessee, by registered or certified mail, re the Lessee's last known traitress, a notice in writing of the fact of said breach or breaches and a detailed description of said breaches. From and after the mailing of said notice, the Lessee shall Wive, ten (10) days to care any broach for the nonpnyrnent of rent and thirty (30) days to cure any other breach of the Cense. Failure of the Lessee to remedy said breaches within said period slrnll result in Lessee's loud forfeiture of All its right, title and interest under this Lease, and the Lessor shall have the right to enter said premises and remove the Lessee and her property therefrom, tako immediate possession for tho purpose of protecting said property and cancel this Lease in its entirety or re -let the premises. In all cases of such forfeitnnre, Lessor shall make a good -faith effort to mitigate its damages. Lessee shall be Habit) only for reasonable deficiencies, ►vhiclr do not exceed Diir market value of rent which result from rc-letting. su.oxsaaztxs 6 24. Rj VAZ, [)r 'J Qi'ERTY. in the event Lessor lmvfully reenters the Leased Premises as provided herein, Lessor shall Imo the right, but not the obligation, to remove all of tho personal property located therein and to place such property irr storage at tho expense and risk of Lessee. 25. COSTS AND ATTORNEY'S FEE/VENUE. IF, by reason orally default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instit►►ted, the losing party agrees to pay ell reasonable costs including llic prevailing party's reasonable attorney's Fees ns fixed by the court in connection therewith. It is agreed that tho venue of any legal action brought ander the terms For this (case shall be in Spokane County, Washington. 26. StUBRO(ATi.N(; \'VATVER. Lessor and Lessee each releases and relieves the other and waives its entire right of recovery against the other for toss or damage arising out of; or incident to, all perils described in tho are mid extended coverage insurance policy approved For use in the, State of Washington, which occurs in, on or about the Leased Premises, whether due to the negligence of either party, their agents or employees or otherwise. 27..SUBORPINA` FON. Except as othertivise provided Lessee agrees drat this Lease shall be subordinate to nny mortgages or deals of trust placed on the properly provided that in the (vent of foreclosure, if Lossco is not then in default and agrees to astern to the mortgagee or beneficiary under deed of trust, or purchaser at a foreclosure Salo, such mortgagee or beneficiary or purchaser Shall recognize .Lessee's right of possession for the fill term of this Lcnsc. Lessor agrees to use Lessor's best efforts to obtain a Moir-Dishrrbnnee Agreement. 28. NO WAIVER Obi COVENAN'T'S. Any waiver by either party of any breach hereof by lire other shall not be considered a tvniver of nny future similar breach. 29. ENTIRE AGREEMENT. Tiiis Lease contains all the agreements between the parties and no modifications shall be effective except by written instrument, signed by both parties. 30. SURRENDER OE PR:1 JSES. Lessee ()grecs, upon termination of this Lease, to peacefully quit and surrender the premises to Lessor without notice, to leave the Leased Premises treat and clean, well maintained, in good condition, normal wear and tear excepted, and to deliver all keys to the Leased Premises to the Lessor. sr.o2 304213.2 7 31. QOLDING OVER. If Lessee, with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Unse, Lessee shall remain hound by all the covenants and agreements herein, except that the tenancy shalt bo from month to month(Inti monthly rent shall be otherwise agreed upon.. 32. RIMING ON RIMS, SUCCESSORS AND ASSIGNS. This Lease shall be binding upon the heirs, executors, ttdnainiistrators, successors and assigns of both parties hereto, except as hereinabove provided, but This does not constitute a consent to assignment. 33. NOT CE, Any notice required or allowed to be given by either party to the other shall be deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Lessor or to the Lessee at their addresses stated below, or at such other address trs either party may designate to the other by notice given as heroin provided. Lessor at: Northwest Christian Schools C/o WEE Properties, Inc. P.O.13ox 21469 Spokane, WA 99201 Lessee nt: City of Spokane Volley Attn: City Manager 11707 E. Sprague Saito 106 Spokane Valley, WA 99206 34.NON-SMOKING :BUILDING POLICY. 11 is agreed between Lessor and Lcsscc that Rethvoud Plaza is a smoke-free office complex. Thera is to be no smoking ut any Time inside of dm office building. If smoking within this cotnpli;x bei:omes n problem, the i,essor hits the right to canoe! this Lease at its option, provided thus the notice, and cure provisions of section 23 hereof shall be applicable. 35. FRONT DOOR,SEcuI;Z.iTY. For the safely of all tenants and the janitor in the Clock Tower Professional Building, nil exterior doors must he locked aaflcr 6:00 p_in. Monday through Friday. On lite wcokcrtds nil doors must be looked at the time of entering and at the lima of exiting. S L02 301213,2 8 • . 36. 'l;. ME OF ESSENCE. Time is of the essence in all provisions aphis Lease, 37. `('ENA TTf11ROVt iv]:ENTS, Lessor shall ut its own cost and expense expand the restroartt located in the Suite n.,l Warehouse to conform to a ADA compliant unisex restroein. 38. A illIITRATEOPT. in the event of a disagreement tuising under this Lease, all matters shall be submitted to arbitration as follows: The parry seeking arbitration shall submit, in writing, to the outer party, a Mr -dement of the issuc(s) to bo arbitrated and shall designate a party lo act as arbitrator on behalf of the party seeking arbitration, The responding (tarty shrill supply a statement of any counter or additional issuc(s) to be arbitrated and shall nominate nn arbitrator to act for the responding party. This process sI1nII be accomplished within fourteen (14) days after the party seeking arbitration has deposited in the United States mail, postage prepaid, the initial none° of intent to arbitrate, addressed to the other party al the address hereinabove shown. n. The two (2) ruttihators selected shell immediately select a third arbitrator. 'i'hc arbitrators thus convened shall, within n time established by a majority vote of the arbitrators, conduct n hearing on the issues submitted to then] and render n decision on ouch issue, in writing, to each of tlic pm -ties to the dispute. Any decision as to procedure or snbstancc made by n majority of the arbitration patrol shall be binding. A decision by a majority of the arbitrator.; on uny issues submitted shall he the decision of tate arbitration panel ns to that issue. The arbitrators stank have. authority to award costs and reasonable attontcy's fees to either party in accordance with the merits and good faith of the position asserted by the parties. Said final decision of the arbitration may be submitted to any court in dile county in which the arbitration takes place to ho entered in the Form ofa judgment therein. b. In lieu of appointing three (3) rarbitrators in the manner set forth above, tha pariie,c piny, by written agreement, designate a single arbitndtor. c. Except ns ,provided herein, the arbitration proceedings shall be conducted in accordance with the rules of the American Arbitration Association and tit° sintuks of the State of Washington pertaining to binding arbitration, 5102 251213.2 9 n _ � IN WITNESS WI II3REOP, the parties hereto have executed this instrument at Spokane, Washington, ort the day and year First above written. CITY OF SPOKANE VALLEY NOItTHWES7' CHRISTIAN SCHOOLS I3Y: ITS: f/112N--2.1-41 BY: TTS: BY: mfr + / t.✓arg7r-A.,. Lessee Ac[tnowlec[iment State Of Washington ) ) ss County Of Spokane ) Ort this / day off_ f>tS , 2006, before mo the undersigned Notary Public, t�' dt,' personally appeared 4aai�, etr , personally known to use or proved to me ou the basis ofsatisfactory cviclenco to be the person whose mune is subscribed to the within instrument and acknowledged that heishc•cxecufedi the sumc iat hislhcr authorized capacity, and that by ltislher signature on the instrurnent, +�� x3� t or the entity upon behalf of which Ilio person acted, executed the instalment. IN WI ycnr first abc rvc hereunto set my hand and affixed my official seal the day mid STATE, OP WASHUNOTON) )ss } County ofSpoknne Notary Public in and I•ortit talo of Washington, residing at 1RD AI,('?,/ini1c7 yi 9909/4 My Appointment Expires: 1.4P/e I vs sol• ACImowleilt_:nciil_ on this f 7 by of 24 14.6.1 , 2006, bcprc mol the undersign ed, cr Notary Public in i91. f 1 the Statcpf Washington, personally n �p ared A-e-phRA �C'z.` �s and I1(a.{v� ISS R2�u Leis rc}ck• 0Ito ate known or proven on the basis of satisfactory evidence, to be the agent(s) for NORTHWEST CHRISTIAN SCHOOLS, who executed the within and foregoing instrument rind ncknowlcdged the said instalment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated Iliac they arc authorized to execute said instrument on behalf of said corporation. tN 5VII'N}y$Srt'� :ri1.,t13 F,, 1 hero hereunto set rny� year tura (CU +'r'rr,,, s A.Notary Public in and for th � 094 = Washington, residing al `aa� c. -a' My Appointment E3xpires: CZ 0 .0 r -Ori arrttty SLA204113.2 rid and tafti cd my official seal the day end 10 COMMERCIAL LEASE AGREEMENT FOR REDWOOD PLAZA - CLOCKTOWER BUILDING T}JJS LEASE, made and entered this 12th day of November, 2007, by and between Northwest Christian Schools, a non-profit corporation, 5104 E. Beaailtill Rd., Colbert, WA 99005 Hereinafter referred to as Lessor; and City of Spokane Valley, whose mailing address is 11707 East Sprague, Spokane Valley, Washington 99206, hereinafter referred to as Lessee. WITNESSETH: As used herein: (1) the tents Lessee shall refer and apply equally to the plural term Lessees, (2) he or his shall apply to she and hers. For and In consideration of the mutual promises contained herein, the parties agree as follows: I. )(,EASED PREMISES. The Lessor does hereby Lease to the Lessee and the Lessee does hereby hire and lease from the Lessor those certain premises located and described as The Clocktowcr Building Suite 304 11707 E. Sprague Ave,, Spokane Valley, WA 99206. Consisting of approximately 4,451 Sq. Ft, 2. (a) TERM. The term of this Lease shall be Two (2) years and Three (3) months, commencing on Janizary 1, 2008 and ending March 31, 2010. In the event occupancy occurs in the middle of any month, rent for the first month shall be prorated to the first day of the next succeeding month and thereafter, all rental payments shall be due and payable on the first (1`t) day of each month. (b) RENT. Lessee covenants and agrees to pay the Lessor at WEB Properties, Inc. P.O. Box 21469, Spokane, WA 99201, or to such other place as the Lessor may hereafter designate, monthly rental in the atnounts of and due and payable on the first (tat) day of each month as noted, Tiiis is a gross lease and includes all costs for the subject Leased Premises and common area. A. The rental for the period of January 2008 through and including March 2009 shall be SIX THOUSAND ONE HUNDRED SEVENTY FIVE AND 00/100 DOLLARS ($6,175.00), per month in advance on the first (1S`) day of each month: The rental for the period of April. 2009 through and including March 2010 shall be SIX THOUSAND THREE HUNDRED SIXTY ONE AND 00/100 DOLLARS ($6,361..00), per tnontlr in advance on the first (155 day of each month. A late -payment assessment of five percent (5%) of the monthly rental due will be charged for any rent paid after the tenth (10`h) business day of the month in which rent is due. 3, USE OE PREMISES. The Leased Premises shalt be used for commercial business purposes as permitted within a commercial business zone in Spokane County, Washington And all activities incident thereto and for no other purpose without the prior written consent of the Lessor first obtained. Lessee shall not use or allow tho use of the Leased Premises in any manner that causes damage to the real property or improvements, nor shall Lessee use or allow use of the Leased Premises in any maturer which would increase insurance premiums or for any illegal purpose. Lessee shall comply with all governmental rules, orders, regulations, or requirements relating to the use and occupancy of the Leased Premises. 4. RULES ANJ) REGULATIONS, Lessor reserves the right to promulgate such reasonable rules and regulations relating to the use of parking areas as it may demi appropriato and for the best interest of the tenants, mid Lessee agrees to abide by such rules and to cooperate in the observance thereof. Such titles and regulations shall be binding upon Lessee upon delivery of a copy thereof to Lessee. Said rules and regulations may be amended by Lessor from tinto to time with or without advance notice and such amendments shall be effective upon the delivery of a copy thereof to Lessee. Any material violation of such rules and regulations by SLO C4fl.z 2 } Lessee, its officers, agents, employees or subtenants will constitute a breach of this lease and, upon expiration of the cure period, entitle the Lessor to claim a default thereunder in the same manner and to the same extent as any other default under the lease: provided, however, that the notice and cure provisions of Section 23 of this Lease shall be applicable. 5, REAL ESTATE TAXES. The Lessor shall pay all real property taxes due or falling due on said premises. However, in the event the Lessee shall make an improvement on the property which causes an increase in real property taxes, the Lessee hereby agrees to pay any reasonable increase caused, 6. MAINTENANCE. Lessor shall maintain in good condition, the improvements on the real property, including parking lot, leased pursuant to this Leaso, This shall include any and all maintenance required to keep the improvements on the real property, including parking lot, which is the subject matter of this Lease, in the sante condition, less normal wear and tear, casualty, condemnation and repairs required to bo made by Lessor, as of the date of commencement of this Lease. 7, PARKING LOT MAINTENANCE. The Lessor shall keep and maintain the parking lot and landscaping in a neat and clean condition and repair at all times. In addition, Lessor shall remove snow during the winter season, as needed, and the Lessee agrees that there shall be no vehicles left overnight in the parking lot area by Lessee or any employee of lltc Lessee in order to prevent interference witlt the cleaning, maintaining and snow removal of the parking lot area, 8, UTILITIES, The Lessor agrees to pay all charges for light, heat, water, sewer, garbage and all other utilities and services furnished to the premises except telephone, Lessor agrees to provide janitorial services sufficient to keep said Leased Premises 1111d common area neat, clean and free of garbage and debris at all titnes. 9. ACCIDENTS AND LIABILITY. Neither Lessor nor its agents shall be liable for any injury or damage to persons or property sustainer) by Lessee or any others, in and about the Leased Premises. Lessee agrees to defend and hold Lessor and its agents harmless front any SLo2 3x4413,7 3 ..t claim, action and/or judgement for damages to property or injury to persons suffered or alleged to be suffered on the Leased Premises by any person, firm or corporation, unless caused by Lessor's negligence. Lessor and Lessee agree to maintain public liability insurance on the Leased Premises in the minimum single limit of One Million and No/100 dollars ($1,000,000.00) and shall name Lessor as an additional insured. Lessee shall funush Lessor with a certificate indicating that the insurance policy is in full force and effect and listing the Lessor as an additional insured on the policy. Lessor shall name Lessee as an additional insured and shall furnish Lessee with a certificate indicating the insurance policy is in full force and effect and listing Lessee as an additional insured. 10. LIENS AND INSOLVENCY. Except as otherwise provided Lessee shall keep the Leased Premises free from any liens arising out of any labor performed or materials famished to,' or any obligations incurred by Lessee, and shall hold Lessor harmless against same. In the event Lessee becomes insolvent, bankrupt, or is a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease at its option. 11. SUBLETTING OR ASSIGNMENT. Except as otherwise provided Lessee may not assign or sublet all or any part of this lease of the Leased Premises, without Lessor's prior written consent. 12. ACCESS. Lessor shall have the right to enter the Leased Premises at all reasonable times and provide Lessee reasonable notice except for emergencies for the purpose of inspection or of making repairs, additions or alterations, and to show the Leased Premises to prospective tenants sixty (60) days prior to the expiration of the term of this Lease. Lessor shall have the right to place a For Rent sign ht connection with the Leased Premises for the sixty (60) days prior to the cnd of the term of this Lease. 13. POSSESSION AND OTJIET ENJOYMENT. The Lessee shall be entitled to possession of tile Leased Premises as soon as the same are ready for occupancy as hereinabove described and shall be entitled to continued quiet enjoyment of the Leased Premises during all sLO23042u9.2 4 periods under the temm of this Lease, provided that the Lessee shall be in good standing and shall have paid all rent reserved udder the Lease and performed all covenants agreed to be performed by the Lessee under the tett of the Lease, 14. DAMAGE OR DESTRUCTION. In the event the Leased Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessor may elect at its option, within ten (10) days of the event not to restore or rebuild the Leased Premises and shall so notify Lessee, in which event Lessee shall vacate the Leased Premises and this Lease shall be terminated; or in the alternative, Lessor shall notify Lessee within ten (10) days after receiving notice of such casualty the Lessor will undertake to rebuild or restore the Leased Premises, and that such work can be completed within ninety (90) days from the date of such notice of intent, If Lessor cannot restore or rebuild the Leased Premises within the said ninety (90) days, except for delays which are not the fault of the Lessor, then the lease may be terminated nt the Lessee's - option by written ten (10) days notice to Lessor, During the period that the Leased Premises arc not tenantable, rent shall abate in the same ratio as premises rendered untennntable bears to the whole of the Leased Premises. 15. SIGNS, The Lessee shall be permitted to have signage in coiuiection with the occupancy of the Leased Premises. All signs or symbols placed by Lessee shall be subject to Lessor's prior written approval, which will not be unreasonably withheld or delayed. All signs shall be non -illuminated and shall be consistent with other signage placed upon the building or an any sign post established for the general use of all tenants within the building or using other building on tho property common to the area. Signs shall generally conform to the size and typo of sign currently in use on the Clocktower Building. At the termination of the Lease, the Lessee shall remove all signs, at Lessee's expense placed in, on or about the Leased Premises and will repair any damage caused by the removal to the Leased Premises, If the Lessee has a sign in a common use sign post or board, Lessee shall replace plastic in the sign at the termination of the Lcaso. 16.. ALTERATIONS AND IMPROVEMENTS. Tenant shall not make alterations, additions or to tho improvements Premises without the prior written consent of Owner. Unless otherwise provided for, all such alterations, additions and improvements shall be SL02 3042M2 5 at the sole cost and expense of Tenant, and shall become the property of Owner and shall remain as part of the Premises at the termination or expiration of this Lease. Tenant agrees to save Owner harmless from any damage arising out of any such work. Owner reserves the right to make, from time -to -time, at its expense, such alterations and improvcnmenis to Prcrnises•and Property as it deems appropriato 17. CONDEMNATION. In the event that any government, or any agency or instrumentality having the power of eminent domain shall, by condemnation or deed in lien thereof, take title, possession or the right to possession of the Leased Premises or any part thereof, Lessor may, at its option, terminate this Lease as of the date of such taking, and if Lessee is not in default under any of the provisions of this Lease on said date, any rental prepaid by Lessee shall, to the extent allocable to any period subsequent to the effective date of the termination, be promptly refunded to Lessee, provided Lessee shall be entitled to seek compensatioir for any Lessee improvements which are so taken by eminent domain, 18. COMPLIANCE WITH LAWS. Lessee shall at all times keep and use said Leased Premises in accordance with applicable laws and ordinances and in accordance with applicable directions, rules and regulations of public officials and departments .as applicable to Lessee's specific use of the Leased Premises as opposed to use in general by the tenant at the solo expense of Lessee unless otherwise agreed by the parties. 19. CONI+IRM.ATION BY LESSEE. Lessee agrees, from lime to time during the Lease period, upon not less than fifteen (15) days prior written request by the Lessor, to sign and make available to the Lessor, a confirmation stating that the Lease is in full force and effect and unmodified as of the date of the signing of the confirmation. The purpose of such confirmation shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective mortgagee providing financing for said property, of which the Leased Premises is a part. 20, JOINT AND SEVERAL OBLIGATION. There being more th.ur one Lessee, the obligations hereunder unposed upon Lessee are joint end several upon all persons included as Lessee. 51A2 304213.2 6 21. RIDERS. The riders or addenda, if any, attached to this Lease are made a part hereof by reference. 22. DEFAULT AND RI -ENTRY. If the Lessee shad fail to keep and perform any of the covenants and agreements hcreincontained, other than the payment of rent, and such failure continues for thirty (30) days after written notice from Lessor, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease and re-enter said Leased Premises and without terminating this Lease, re-enter said Leased Premises, sublet the whale or any part thereof for the account of the Lessee for the balance dale term of this Lease, and Lessee covenants and agrees to pay to Lessor the fair rental value of any deficiency arising from re -letting of the Leased Premises at a lesser amount than herein agreed to. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lessor or at the Lessor's option, shall pay the present value (discounted at the rate of seven (7) percent per annum] of the balance of the rent for the remainder of the term of the Lease less the present valno (discounted at the same rate) of tho fair market value attic Leased Premises for said period. 23. BREACH OF LEASE. If the Lessee breaches this Lease after written notice and grace periods, then this Lease may be tenninated by the Lessor in the following manner at its option: The Lessor shall serve upon the Lessee, by registered or certified mail, at the Lessee's last known address, a notice in writing of the fact of said breach or breeches and a detailed description of said breaches. From and after the mailing of said notice, the Lessee shall have ten (10) days to cure any breach for the nonpayment of rent and thirty (30) clays to cure any other breach of the lease. Failure of the Lessee to remedy said breaches within said period shall result in Lessee's total forfeiture of all its right, title and interest hinder this Lease, and the Lessor shall have the right to enter said promises and remove the Lessee and her property therefrom, take immediate possession for the purpose of protecting said property and cancel this Lease in its entirety or re -let the premises. In all cases of such forfeiture, Lessor shall make a good -faith effort to tnitigato its damages. Lessee shall be liable only for reasonable deficiencies, which do not exceed fair market value of rent which result from re -letting. sr_ez 3012».2 24. REMOVAL OF PROPERTY, In the event Lessor lawfully re-enters the Leased Premises as provided herein, Lessor shrill have the right, but not the obligation, to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 25. COSTS AND ATTORNEY'S I{EE/VENIUE. If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs including the prevailing party's reasonable attorney's fees as fixed by the court in connection -therewith. It is agreed that the venue of any legal action brought under the terms for this lease shall be in Spokane County, Washington. 26, SUJIROGATIN'G WAIVER. Lessor and Lessee each releases and relieves the other and waives its entire right of recovcry against the other for loss or damage arising out of, or • incident to, all perils described in the fire and extended coverage insurance policy approved for uso in the State of Washington, which occurs in, on or about the Leased Premises, whether due to the negligence of either party, their agents or employees or otherwise. 27. SUBORDINATION. Except as otherwise provided Lessee agrees that this Lease shall be subordinate to any mortgages or deeds oftnrst placed on tho property provided that in the event of foreclosure, if Lessee is not then in default and agrees to attoni to the mortgagee or beneficiary under deed of trust, or purchaser at a foreclosure sale, such mortgagee or beneficiary or purchaser shall recognize Lessee's right of possession for the full term of this Lease. Lessor agrees to use Lessor's best efforts to obtain a Non -Disturbance Agreement. 28. NO WAIVER OF COVENANTS. Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. 29. ENTIRE AGREEl1NT. This Lease contains all the agreements between the SL02364213.2 8 parties and no modifications shall be effective except by wtitten instrument, signed by both parties, 30. SURRENDER OF PREMISES, MIS.ES, Lessee agrees, upon termination of this Lease, to peacefially quit and surrender the premises to Lessor without notice, to leave the Leased. Premises neat and clean, well maintained, in good condition, normal wear and tear excepted, and to deliver all keys to the Leased Premises to the Lessor. 31. HOLDING OVER. If Lessee, with the implied or express consent of Lessor, shall hold over after the expiration of the tern of this Lease, Lessee shall remain bound by all the covenants and•agrccments herein, except that the tenancy shall be from month to month and monthly rent shall be otherwise agreed upon.. 32. BINDING ON HEIRS, SUCCESSORS•AND ASSIGNS. This Lease shall be binding upon the heirs, executors, adininistrators, successors and assigns of both parties hereto, except as hereinabove provided, but this does not constitute a consent to assignment, 33. NOTICE. Any notice required or allowed to be given by either party to the other shall be deposited in the United States nail, registered or certified, return receipt requested, postage prepaid, addressed to Lessor or to the Lessee at their addresses stated below, or at such other address as either party may designate to the other by notice given as herein provided. Lessor at: Northwest Christian Sehools C/o WEB Properties, Inc. p.o. Box 21469 Spokane, WA 9.4201 Lessee at: City of Spokane Valley Attn: City Manager 11707 E, Sprague Suite 106 Spokeno Valley, WA 99206 34. NON-SMOKING BUILDING POLICY. It is agreed between Lessor and Lessee that Redwood Plaza is a smoke-free office complex. There is to be no smoking at any time inside of the office building. If smoking within this complex becomes a problem, the Lessor has SIAL 704213.2 9 .) the right to cancel this Lease at its option, provided that the'notiee and cure provisions of section 23 hereof shall be applicable. 35. FRONT DOOR SEC[IIUTY. For the safety of all tenants and the janitor in the Clock Tower Professional Building, all exterior doors must be locked after 6:00 p.in. Monday through Friday. On the weekends all doors must be Iccked at the time of entering and at the lime of exiting. 36. TIME OE ESSENCE. Time is of the essence in all provisions of this Lease. 37. TENANT IMPROVEMENTS, Lessor shall at its own cost and expense shall complete those improvements as outlined in Exhibit A. These improvements include construction of a now conference room at the southwest corner of the suite with a • door from that new room into the interior space, finishing the west wall and noted electrical outlets throughout the space. The space is also to be painted, however the existing carpet is to remain. 38. ARBITRATION. In the event of a disagreement arising under this Lease, all matters shall be submitted to arbitration as follows: The party seeking arbitration shall subunit, in writing, to the other party, a statement of the issue(s) to be arbitrated and shall designate a party to net as arbitrator on behalf of the party seeking arbitration. • The responding party shall supply a statement of any counter or additional issue(s) to be arbitrated and shall nominate an arbitrator to act for the responding party. This process shall be accomplished within fourteen (14) days after the party seeking arbitration has deposited in the United States mail, postage prepaid, the initial notice of intent to arbitrate, addressed to the other party at the address hereinabove shown. a. Tho two (2) arbitrators selected shall immediately select a third arbitrator. The arbitrators thus convened shrill, within a tima established by a majority vote of the arbitrators, conduct a hearing on the issues submitted to thein and render a decision SLO2 344213.7 10 on each issue, in writing, to each of the parties to the dispute. Any decision as to proccdttro or substance made by a majority of the arbitration panel shall be binding. A decision by a majority of the arbitrators on any issues submitted shall be the decision ofthe arbitration panel as to that issue. Tho arbitrators shall have authority to award costs and reasonable attorney's fees to either party in accordance with the merits and good faith of the position asserted by the parties. Said final decision of the arbitration maybe submitted to any court in the county in whieh tlic arbitration takes place to be entered in the form of a judgetnent therein, b. in lion of appointing three (3) arbitrators in the manner set forth above, the paries may, by written agreement, designate a single arbitrator. c. Except as provided herein, the arbitration proceedings shall be conducted in accordance with the rules of the American Arbitration Association and the statutes of the State of Washington pertaining to binding arbitration. IN WITNESS WHEREOF, the parties Hereto have executed this instrument at Spokane, Washington, on the day and year first above written, CITY OF SPOKANE VALLEY NORTHWEST CHRISTIAN SCHOOLS By: (0,,,}14..52472/ ITS: 11/4-0,e.v/t BY: •1� : D 4 ITS :+ vr el)4.1.&44, SLO2 744217.2 11 'Y , LEASE LXTPNTION & EXPANSION AGREEMENT 11-05 AGRE13MZiPTf mode this 154 day of Oedtmber, 3008, try and between trII7 OF SPO1W113 VALLEY, whose mailing address,. is 11707 East Sprague, Spokane Volley, Washington 41206, (hereinafter referred to as "Lessee'), end NQRTHWEST CI{l1EST IAN SCHOOLS, n nonprofit corporation, (hereinatlu referred to as 'Tessa', WILGREAS, Th a Cily Of Spokane Ya! ky, m Lessee, and Northwest Christian Schools , as Lessor, enteral Into Lease Agreements and tcnewals for Suiles 101, 103, 104, 105, 106, 304, Suite 13-3 end 13.4 warehouse spice as noted below, R copy of54hich It attached heretn as Fah ibit"A;' and 1YHERtJAS, the term of the Lesies C plrn on Match 3111, 2010. WHflwAS, The Lome desires to continua old 1ro.sa for an additional Three (3) Year beyond the end of its current term under the same terms and conditions set forth in said Irv„ as emended herein. NOW, THEREFORE,Hbt and Inconsideration of[ha imitations vet forth, the terms and provirions herein contained, and the mutual br:nefits to be clerked here Dom, the partie-s do hereby oonuact, covenant end agrco as follows: I. The Lcasccs, eltached hereto es Exlrbit "A" and incorporated harcin by reference, is hereby renewed far o Three (3) Year term, beginning on April I, 2010 and tcrmineting on March 31x, 2013. The Lesko covenants and agrees to comply with all the terms and conditions of mid Lease, as herein nmcnded, end to be bound thuelry and to pay all rent in the manner therein pravlded. 2, Premises Leased, Lessee is leasing 22,646 square feel within the Clocirtowsr Building, noted as fol lows: Suites 101,103, 144, 105, 106 and 304. M wall RI Sukte 13-3 e4Asisiln8 of3,290 square Fut of office s}umand 1-4,7,300 square foci afwar ehousaspace inthe ttestw(ngbuilding. MI as show on Exhibit "IP attached hereto. 3. Amanitas reLeose Esso and Assignee hereby agree to amend certain provisions under the Lease es follow: s. fatal,Chuto. Property `faxes, thrlities, Malnlenoroo, Insurance, Administrative & Common Arca Meintcnence shall continua to be paid by Lessee far Sufic 13-1 es fellows: 2,300 seq. ft, of 42, 672 ketal CAM sq. 11, or 533843'I of building pranixs,. CAM charges rue billed quarterly. b, Rent: Monthly rent for the period of A p (112010 through March 7011 shall lea eta fuilosrs: Cta;ktowrr Suites: 532,553.43 0-3: S 3,857.53 $ 201.62 Total Monthly Rent: 537,.200.03 Monthly rent for the keened of April 2011 through March 2012 shall be ea roll°s1s: Clocktower Suites: 533,530.23 I3•3: 5 3,%73.25 i 1 to rnlol', 3 . 811,16 Total Monthly Rent: 538,316.84 Monthly rcet for the p. vied of April. 2012 through March 3013 shall be as foll'osmy.: Clochan++er Suites: 534,536.14 113: S 4,042.45 ' 1.( .0/151 S 837.i Taal Monthly Rent: 539,466.35 u. Qptldn 10 Ross. There we no °pitons to rcnnv. L7rcept its modified herein s11 other urns end conditionsofsitd Lease shall remain NOAH faros and arta 3, iVo vers I ISicalion or Amendmeu0, No waiver, modification or wnendmenr deny term pi condition orchis Agmcment shall Le effective unless in writing, and nnw;liver nt indulgence by either party or Any deviation try the other party from full performance of this A gra an ant shall ben svaiser of the right to subsequent err alher full, stria{ and timely per romance, 4. Mercer Clause This Agreement and the Lease Agreement airachcd as Exhibit A express the hilt and ilea( porposo cod agreement of the parties and will not be qualified, modified Or supplemented by i Haar course ofdpEfn . usaga of trade, or mune of perfamanm_ There arc no sertul over mots which qualify, modify or supplement this AgrccmcnL S. r,,ID eram This Agreement may tc exccutcd In Ist0 or morn pars, each of\shish shall to Jeentsd an original, but nil ofrtldrh together shall constitute one and the some irlsirtaaent 1 1N 1V1�"NGSS WI C[:RE4F, tho psalm hereto have set ll>ctr hands this _; d'sy or 1�'`r d"' ed 200.`/ ryt:Q LEiSCE NORT1lWF'1'CHRISTIAN SCHOOLS CITY OF S/ JJ11:/h�R VAf.LCY n x:14 tTS: G. a• 0.-4-1 // l f/.,r• iSn.� f e„/f+`t I l�i'h., sei ,4 /f 'I'!+� 7 -, ,r ins:: j/% / ,1110 rr 1 . ! 4!./-r /If AXlra hey C/17r4i4-N.x�//'ocWpJ,y L'rroR..1 n' rrs E..w uo ltMr ' At n1uiss ron NOTICES AND RUN I ADDRESS ron NOTICES Northssest Chris -Una Srliwls, Inc. C/o WEt3Properties. Inc. S 140 Arthur SL, Suite SIO SpoSone, WA 99202 2 City Of Spokane Valley 11701 E. Spraguo Suite LPG Spokane Valley, WA 99206 416th 1 Redwood Plaza COS/ Unll Actual Unit Sgft Rent Yi-Ri i i} '1 1 t .:1;Q 9 2,737.69 103 1,140 1,634.26 i1g5 �4, '�foie 1,388.02 9, 4,700.44 wf.56 6 16,183.66 18,095 SLJb 7alal 17.08 16.15 16,16 17.03 17.00 304 4,551 8,175.00 $ 16.28 22,646 83 3,200.00 3,635.70 F�}74. .I 2 3910 u0. 766.67 Yelfov{:nrnifider sjp9le rerig'vral,a'1 ¢y tl 806 BOB 909 010 00 80 80 00 50 50 60 60 TI Relmb. 148.61 $ 2,669.36 S $ 1,634.26 5 $ 1,388.02 $ 250.90 $ 4,690.64 $ 929.92 514,353,90 5 1,238,33 $24,352.15 18.15 16.15 16.15 16.15 18.15 Baso Rent 411t2009 5 2,665.60 5 1,691.26 S 1,416.77 $ 4,670.04 S 14,867.06 $ 25,257.60 5 $ 5 16,75 16.76 16.75 16.75 16,76 Baso +TI 5 2,834.09 $ 1,691.25 S 1,416.77 5 4,935.04 515,717.88 $ 28,406.93 $ 6,175.00 5 10.28 $ 5,361.00 $ 16.77 5 6,361.00 S 3,744.87 S 760.67 _53,5845T` i§24;43,3,:02( $ 36,130.14 $ 37,308.47 Exhibit B Exhibit B Lease Extension and Expansion Agreement between City of Spokane Valley (Lessee) and Northwest Christian Schools (Lessor) April 1, 2013 through March 31, 2017 Premises Leased at Redwood Plaza Clocktcwer Building Suite 101 Suite 103 Suite 104 Suite 105 Suite 106 Suite 304 Subtotal West Wing Building Suite B-3 Suite B-4 Subtotal Square Feet 1,924 1,140 1,015 3,350 10,666 4,551 22,646 3,290 2,300 5,590 Total leased 28,236 EXHIBIT B Lease Amendment between City of Spokane Valley (Lessee) and Northwest Christian Schools (Lessor) Executed November 2014 Premises Leased at Square Redwood Plaza Feet Clocktower Building Suite 101 1,924 Suite 102 3,304 Suite 103 1,140 Suite 104 1,015 Suite 105 3,350 Suite 106 10,666 Suite 304 4,551 Subtotal 25,950 West Wing Building Suite B4 2,300 TOTAL LEASED: 28,250 EXHIBIT B - First Floor FIRST FLOOR EXHIBIT B — 3rd Floor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: DRAFT 2015-2017 Legislative Agenda GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council discussed legislative topics at the June 18, 2014 Workshop. Lobbyists Briahna Taylor and Alex Soldano attended the September 16, 2014 council meeting and provided additional input to Council. Council reviewed and discussed the draft 2015-2017 Legislative Agenda at the October 28, 2014 council meeting. BACKGROUND: Annually, Council considers various legislative topics to determine how best to protect and promote the interests of the City. The legislative draft has been revised to include additional language for the legislative agenda item Reconciliation of Medical and Recreational Marijuana. City Council can, at its discretion, add and/or subtract items from the Draft Legislative Agenda. OPTIONS: To approve the attached revised legislative agenda, with or without amendments; or to give the matter further consideration. RECOMMENDED ACTION OR MOTION: "I move to adopt the revised 2015-2017 Legislative Agenda." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson ATTACHMENTS: DRAFT 2015-2017 Legislative Agenda AWC Issue Briefs for: Marijuana; Revenue Options and Reforms; Transportation Funding; Maintain and Restore State -Shared Revenue; and Maintain and Restore Funding for Infrastructure. Spokane Valley 2015-17 Legislative Agenda Appleway Trail Project Seek $1,000,000 in funding in the 2015-2017 Capital Budget for the next phase of development of the former Milwaukie Railroad right-of-way as a unique, five and three-quarter mile green space and trail in the heart of Spokane Valley's commercial district. The $1,000,000 would assist in funding the section from Evergreen to Sullivan. The project is expected to increase use of the commercial corridor, benefit the economy and create new jobs. The project will provide a much needed route for non - motorized travel along Spokane Valley's principle east -west commercial arterial, connecting the Spokane Transit Authority Transit Center, business districts, schools, and medium-high density housing. Community members have been actively involved in development of a Conceptual Design for the project, which includes: a paved trail, plazas, play spaces and gathering places, public art, perennial gardens, space for community gardens, mountain bike trail, and lighting and safety crossings. The estimated project cost is $1,330,500 and the City will provide the balance of the necessary funding to complete this segment of the Appleway Trail. Protect the Local -State Shared Revenues The City of Spokane Valley encourages the state to preserve local state -shared revenues, and restore funding to those accounts revised and reduced during the last legislative session. These funds include the Liquor Excise Tax Account, Liquor Board Profits, Streamlined Sales Tax Mitigation, Municipal Criminal Justice Assistance Account, and City -County Assistance Account. In 2013, the Legislature permanently reduced local Liquor Excise Tax distributions to cities. In Spokane Valley, this resulted in approximately a 75% reduction ($437,486 in 2011 to $108,900 in 2014). The Legislature also capped the local government share of Liquor Board Profits at a fixed rate. The City supports restoring shared Liquor Excise Tax revenues; restoring growth in local Liquor Board Profits so that cities can share in the increasing liquor revenues; and, protecting and maintaining funding to other state -share revenue accounts. The City also requests consideration for receiving shared revenues in any and all new state programs where the City would have operating, enforcement, or financial obligations associated with the activities of these new programs. Additional Authority to Recoup Code Enforcement Costs The City of Spokane Valley seeks legislation to provide cities with additional tools to recoup costs for enforcing code compliance when a court order has been issued and a city performs the abatement itself or through a contractor. Reconciliation of Medical and Recreational Marijuana The City of Spokane Valley supports the reconciliation of the recreational and medical marijuana statutes. Medical marijuana remains unregulated and is not subject to the same excise tax as recreational marijuana. There also continues to be a strong incentive for individuals to abuse the medical marijuana system to avoid the higher prices and limited availability of the recreational marijuana. The City would support development of one system that would regulate medical and recreational marijuana, (including the elimination of medical marijuana), in Washington State. Additionally, the City would support State regulations which close gaps within current legislation: Vaping, edibles, oils and "private" consumption/facilities; and under age possession and consumption. Long -Range Legislative Agenda Item Transportation Project — Barker Road/BNSF Grade Separation (overpass/underpass) The City of Spokane Valley supports identifying future funding opportunities for the Barker Road/BNSF Grade Separation project. As the state experiences an increase in rail traffic, this particular intersection will become increasingly congested and dangerous. This project will separate vehicle traffic from train traffic and remove the at -grade rail crossing. The total anticipated cost is $29.2 million. The City has secured $5.84 million from the Washington State Freight Mobility Strategic Investment Board and the project has been identified as regionally significant by the Inland Pacific Hub Study. The City is able to contribute $2,909,000. Long-term, the City is seeking $20,451,000 in future funding for the Barker Road/BNSF Grade Separation. Additional benefits include: Improve the Level of Service (LOS) of 'F' at this intersection, allowing for new development in the industrial -zoned portion of the City; improve emergency access; and help to address concerns about coal trains, including impeded traffic flow, increased whistle noise, and train -vehicle conflict safety. The City supports the Association of Washington Cities' legislative agenda items that serve the best interests of Spokane Valley. Spokane Valley 2015-17 Legislative Agenda Appleway Trail Project Seek $1,000,000 in funding in the 2015-2017 Capital Budget for the next phase of development of the former Milwaukie Railroad right-of-way as a unique, five and three-quarter mile green space and trail in the heart of Spokane Valley's commercial district. The $1,000,000 would assist in funding the section from Evergreen to Sullivan. The project is expected to increase use of the commercial corridor, benefit the economy and create new jobs. The project will provide a much needed route for non - motorized travel along Spokane Valley's principle east -west commercial arterial, connecting the Spokane Transit Authority Transit Center, business districts, schools, and medium-high density housing. Community members have been actively involved in development of a Conceptual Design for the project, which includes: a paved trail, plazas, play spaces and gathering places, public art, perennial gardens, space for community gardens, mountain bike trail, and lighting and safety crossings. The estimated project cost is $1,330,500 and the City will provide the balance of the necessary funding to complete this segment of the Appleway Trail. Protect the Local -State Shared Revenues The City of Spokane Valley encourages the state to preserve local state -shared revenues, and restore funding to those accounts revised and reduced during the last legislative session. These funds include the Liquor Excise Tax Account, Liquor Board Profits, Streamlined Sales Tax Mitigation, Municipal Criminal Justice Assistance Account, and City -County Assistance Account. In 2013, the Legislature permanently reduced local Liquor Excise Tax distributions to cities. In Spokane Valley, this resulted in approximately a 75% reduction ($437,486 in 2011 to $108,900 in 2014). The Legislature also capped the local government share of Liquor Board Profits at a fixed rate. The City supports restoring shared Liquor Excise Tax revenues; restoring growth in local Liquor Board Profits so that cities can share in the increasing liquor revenues; and, protecting and maintaining funding to other state -share revenue accounts. The City also requests consideration for receiving shared revenues in any and all new state programs where the City would have operating, enforcement, or financial obligations associated with the activities of these new programs Additional Authority to Recoup Code Enforcement Costs The City of Spokane Valley seeks legislation to provide cities with additional tools to recoup costs for enforcing code compliance when a court order has been issued and a city performs the abatement itself or through a contractor. Reconciliation of Medical and Recreational Marijuana The City of Spokane Valley supports the reconciliation of the recreational and medical marijuana statutes. Medical marijuana remains unregulated and is not subject to the same excise tax as recreational marijuana. There also continues to be a strong incentive for individuals to abuse the medical marijuana system to avoid the higher prices and limited availability of the recreational marijuana. The City would supports efforts to development -of one system that =ay-ill—would regulate and deter abuse of the medical and recreational marijuana systems, (including the elimination of medical marijuana), in Washington State. Additionally, the City would support State regulations which close gaps within current legislation: Vaping, edibles, oils and "private" consumption/facilities; and under age possession and consumption. Long -Range Legislative Agenda Item Transportation Project — Barker Road/BNSF Grade Separation (overpass/underpass) The City of Spokane Valley supports identifying future funding opportunities for the Barker Road/BNSF Grade Separation project. As the state experiences an increase in rail traffic, this particular intersection will become increasingly congested and dangerous. This project will separate vehicle traffic from train traffic and remove the at -grade rail crossing. The total anticipated cost is $29.2 million. The City has secured $5.84 million from the Washington State Freight Mobility Strategic Investment Board and the project has been identified as regionally significant by the Inland Pacific Hub Study. The City is able to contribute $2,909,000. Long-term, the City is seeking $20,451,000 in future funding for the Barker Road/BNSF Grade Separation. Additional benefits include: Improve the Level of Service (LOS) of 'F' at this intersection, allowing for new development in the industrial -zoned portion of the City; improve emergency access; and help to address concerns about coal trains, including impeded traffic flow, increased whistle noise, and train -vehicle conflict safety. The City supports the Association of Washington Cities' legislative agenda items that serve the best interests of Spokane Valley. issue • 1�■ Strong Cites Maintain and Restore Great State State -Shared Revenue AWC Position AWC will work to maintain existing state -shared revenues and oppose any further cuts. Cities and towns are wilting to work with the state to explore ways to ensure that this funding remains available to our jurisdictions. AWC will continue to seek restoration of diverted liquor taxes as well as removal of the cap on liquor profits. State revenues distributed to local governments are the product of decades of past decisions. Without the promise of this revenue, cities would have sought local options and authorities. Instead, cities have come to rely on these state funds. • The Legislature took over $130 million of shared revenues over the last two biennia to help balance their general fund budget. • Majority of the funding came from local share of liquor revenue. • Smaller cuts were made to Streamlined Sales Tax (SST) mitigation, Municipal Criminal Justice, and City -County Assistance (6050) accounts. • In the 2013-14 biennium, cities received more than $150 million in liquor revenue, SST mitigation, municipal criminal justice, and city -county assistance. • Restoring diverted liquor revenue would bring more than $20 million per year back to cities and counties. In 2012, the State Supreme Court ruled that the state was not funding the paramount duty to provide basic funding for K-12 education. To meet this obligation, the state will need to dedicate an additional $1.2 - $2 billion to education in the 2015-17 budget. • The Legislature will need to raise new revenue, dedicate revenue from other sources, cut governmental services, or implement a combination of these. • Legislators have differing opinions about how to best resolve the budget problem. • Some legislators remain reluctant to support significant new revenue without major reforms. • Other legislators are more concerned about implementing an all -cuts budget, which would end some state programs and require significant layoffs. • New biennial budget must first be proposed by Governor in mid-December. This must include only those programs and services that can be funded with current revenue streams and forecasted yields. • The Legislature must pass new budget prior to July 1, 2015, to avoid a shutdown. • Many legislators tell city leaders they do not support more cuts to state revenue shared with cities. Without another source of revenue, however, shared revenues are at risk. AWC Contacts Victoria Lincoln • Government Relation victorial@awcnet.org 360.753.4137 • 1.800.562.0149 Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • awcnet.org ASSOCIATION OF WASHINGTON CiTiES icci la brief Maintain and Restore Funding for Infrastructure • AWC Position Stop divestment in programs that support basic local infrastructure, and have the state commit to a pathway to restore historic levels of investment and partnership in these key programs. Cities and towns and the state must continue to partner on emerging infrastructure challenges to build strong communities and economic opportunities that generate jobs and revenue. Cities are willing to work with the state and explore ways to fund this important priority. • In response to the recession, the state has systematically reduced investment in basic infrastructure programs that benefit cites. • Over a billion dollars have been diverted from the Public Works Trust Fund (PWTF). • $250 million has been transferred from the toxic cleanup accounts to the state's general fund. • Dedicated funding was eliminated, and appropriations to the Centennial Clean Water infrastructure grant program have been reduced over several years. • The state continues to rely on cities and towns to bear the brunt of costs associated with stormwater management. • Investments that affect state general -fund dollars face the highest hurdles (for example, restoration of PWTF revenue streams). • Proposals that preserve dedicated funds for their intended purposes may have the best chance (preserving the PWTF cash resources to fund the 2016 loan list, preservation of MTCA toxic funds for traditional purposes, and halting general -fund transfers and raids). • Significantly increased investments in capital bond dollars, like proposals to increase spending on the Centennial Clean Water program, will face competition within the capital budget. This issue is exacerbated because the state skipped adopting a capital budget in 2014. • Work continues on a potentially large infrastructure bond package centered on water supply in the Yakima basin, flood control in the Chehalis Valley, and stormwater investments. Proponents of this package believe it can address some of the critical infrastructure issues facing local governments. Other jurisdictions have serious questions about the revenue streams and focus of the proposal. This proposal may or may not go to the ballot. AWC Contacts Alison Hellberg • Government Relations Advocate alisonh@awcnet.org Carl Schroeder • Government Relations Advocate carts@awcnet.org 360.753.4137 • 1.800.562.0149 Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • awcnet.org _1''1�! ASSOCIATION OF WASHINGTON CiTiES sue brief Transportation Funding !nig AWC Position AWC supports a comprehensive transportation package that addresses city transportation needs. AWC advocates for new and enhanced local transportation revenue options, and to refrain from transferring funds out of state grant programs. AWC advocates to address city safety and mobility concerns related to increases in freight rail traffic, including increased funding at both the state and federal levels. • The transportation budget is primarily funded by the motor vehicle fuel tax and other sources such as licenses, permits, and fees. • A portion of the state gas tax is distributed directly to cities and towns, and funds the TIB. • With increases in inflation, use of fuel efficient vehicles, and a decrease in vehicle miles traveled, the purchasing power of the gas tax has significantly declined. • The state is now faced with insufficient funding for maintenance and preservation, the ferry system, and other new transportation projects. • Transportation Benefit Districts (TBD) can impose specific taxes and fees to fund local transportation projects and maintenance. • The Legislature failed to agree on a statewide transportation revenue proposal in 2013-14. There is general, bipartisan support for transportation projects and infrastructure investment, but the details have hindered progress on passage of a statewide revenue proposal. • Recent issues with mega -projects and the ferry system have made some legislators reluctant to increase taxes for transportation projects and WSDOT. • There is disagreement between political parties on whether a state package should include support for transit and bike/ped projects. • With the McCleary decision looming, legislators are hesitant to raise revenue to address issues other than education. Freight Rail Safety • There is a need to address rail congestion and safety impacts to local communities. • AWC's Freight Rail Committee is developing recommendations for consideration by state and federal authorities to address impacts. AWC Contacts Alison Heiberg • Government Relations Advocate alisonh@ awcnet.org .753.4137 • 1.800.562.0149 l Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • awcnet.org ASSOCIATION OF WASHINGTON CiTiES issue brief Revenue Options and Reforms rapt Strong Cities Great State_ AWC Position AWC will explore the possibility of enacting new revenue options and reforms to fund needed local services, and look at options for creating greater flexibility within existing funding sources for cities and towns. Options may include: Lift the 1% Property Tax Cap AWC supports revisiting the local government 1% property tax revenue limit to determine if there is a better local option approach that will balance the public's desire for property tax limitations with the reality of keeping pace with funding service needs. Greater Authority and Flexibility for REET Explore potential Real Estate Excise Tax (REET) changes as an option for enhancing needed infrastructure funding and maintenance. Our cities and towns all face revenue pressure and challenges. Over the past several months, AWC worked with cities to compile a list of ideas the Legislature could advance to help address the fiscal challenges they are facing. These ideas have been shared with the House Finance Committee at their request, and include providing options to allow lifting the 1% property tax cap, replacing it with something more sensitive to inflation, and providing greater authority and flexibility for REET. 1% Property Tax Cap: • 1-747, which passed in 2001, limited regular levies for all taxing districts to an annual increase of 1%, plus new construction. • Prior to this law, levy increases were limited to 6%. • Local governments currently have the option of levy lid lifts and excess levies. Both require voter approval, and neither permanently change the annual percentage increase allowed. REET: • Tax on the sale of real estate, usually paid by the seller. • State levies at 1.28%. • In 1982, cities and counties were authorized to impose an additional 0.25% to finance capital improvements. This is commonly referred to as REET 1. • In 1990, cities and counties planning under the Growth Management Act were authorized to impose an additional 0.25% to finance capital projects specified in the capital facilities element of a comprehensive plan. This is commonly known as REET 2. • Allowable uses for REET 1 and REET 2 are not the same, forcing cities and towns to track and account for them separately. • The Legislature may consider adjusting the 1% property tax limit to address their McCleary obligation to fund basic education. When considering this, legislators should be encouraged to evaluate property tax issues for local governments. • Raising property taxes remains unpopular with many legislators and voters, so changes must be carefully vetted and considered. • The Washington State Association of Counties has also expressed interest in lifting the 1% property tax limit. • Realtors have historically opposed changes to our REET authority. • Other local revenue ideas and options may be considered in the next legislative session. ntacts Victoria Lincoln • Government Relations Advocat victorial@awcnet.org 360.753.4137 • 1.800.562.0149 Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • awcnet.org ma A ASSOCIATION OF WASHINGTON CiTiES AWC Position Preserve existing local regulatory authority over marijuana related businesses, and share marijuana excise tax revenue with cities and towns to address criminal justice needs and other local impacts. • AWC opposes any preemption of local authority over traditional land use, licensing, local taxes and fees, and other regulatory functions in regards to marijuana production or distribution. • To support the success of 1-502 and diminish the impact of the illegal market, cities need a share of anticipated 1-502 revenues to cover efforts on education and criminal justice. • AWC supports reconciling the recreational and medical marijuana markets to ensure legitimate patient access, enforceability, and compliance with federal expectations. • 1-502 passed in 2012, creating a regulated market for marijuana production, distribution, and possession for persons over 21. • 1-502 created a three -tiered excise tax system adding up to 75% in excise taxes, but no taxes come back to local governments. • Liquor Control Board chose 334 as the first bench mark number of retail marijuana stores in Washington. • The Legislature has an opportunity to redirect the revenue that 1-502 originally dedicated to the basic health program (that has been eliminated due to the expansion of Medicaid). • In January 2014, the Attorney General issued an opinion reaffirming local authority to regulate marijuana businesses, allowing cities to continue to use zoning, licensing, and regulatory authority. • Medical marijuana remains unregulated and has the potential to impact the recreational market. • The state must respond to the federal mandate set forth by the Department of Justice for adequately regulating legalized marijuana. In the 2015 session, the Legislature will be able to make changes to the initiative without a two thirds vote requirement; however, the issue remains complex. • Pressing budget problems of the McCleary (education) decision and slow economic recovery mean both houses are reluctant to share revenue with local governments. • Attempts in 2014 to limit cities' local authority to regulate or ban marijuana businesses indicate that this debate will continue, and it could be coupled with deciding how to allocate revenue to cities. • Regulating medical marijuana is a priority, but there is still some disagreement about how it should be accomplished. AWC Contact Candice Bock • Govern candiceb@awcnet.org Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • awcnet.org 10-G-1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Draft Shoreline Master Program (SMP) Review GOVERNING LEGISLATION: Shoreline Management Act (SMA) RCW 90.58 PREVIOUS COUNCIL ACTION TAKEN: Numerous discussions regarding local implementation of the Shoreline Management Act under RCW 90.58. BACKGROUND: The City's Shoreline Master Program (SMP) Update team has completed the Draft Shoreline Master Program. The document concludes the City's Update process and introduces the SMP in its complete draft form. The document has been developed in phases with each phase previously reviewed by the public, technical advisory group, Planning Commission and City Council. At this time the formal public review of the document is underway. The document was routed to the Technical Advisory Group, and notice of the public hearing was placed in the Spokane Valley News Herald. The Planning Commission conducted a public hearing. As a result of the limited comments received and revisions to the Cumulative Impacts Analysis Report revisions were made to the regulations pertaining to piers and docks and associated with vegetation maintenance within utility corridors. The Planning Commission review was completed over a series of three meetings beginning on September 25, 2014. A public hearing was conducted on October 9, 2014 and deliberations were completed on October 23, 2014. The Commission voted 6-0 to recommend acceptance of the draft SMP as presented. Those changes have been incorporated into the Planning Commission Recommended Draft for Council review. Staff will present an overview of the Draft Shoreline Master Program. A public hearing has been scheduled for November 17. Attorney Tadas Kisielius will be present at that meeting to answer questions. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: PowerPoint Presentation Attachment A: Planning Commission Recommended Draft SMP (Provided under separate cover) Attachment B: Comments Futurewise, letter dated October 9, 2014 Robin Bekkedahl, AVISTA, letter dated October 9, 2014 Attachment C: Planning Commission Minutes and Findings of Facts September 25, 2014 October 9, 2014 October 23, 2014 Shoreline Master Pro'ram U.date 1 City Council Administrative Report November 4, 2014 Local Adoption Process Planning Commission Review Council Review Study Session Public Hearing Recommend to Council Study Session rist Reading — Public Comment Adopt Ordinance DOE Adoption Process Review and conduct Adopt or ask for Public Hearing changes SMP Update Team Spolane jValley, VanNss _t4eldman ATTORNEYSAT LAW Van Ness Feldman Special Counsel URS, Corp. Technical Consultants SMP Update Process- steps completed Conduct I • - ntory and alysi Develop Goals and Policies Develop Shoreline Environment Designations Develop Regulations Address Cumulative Impacts Local Adoption Public Review Process State Adoption Process Develop Restoration Plan Develop Public Access Plan Regulatory Framework and State Guidelines 1111.1 i111111111111PM City SMP Regulations State Guidelines — WAC 173-26 • General Master Program Provisions • Shoreline Modifications • Shoreline Uses Guiding Principle — No Net Loss of Ecological Functions Research and Review Preliminary Draft Developed r'' Legal Review Technical Advisory Group Review Law/Guidelines • Inventory Report • SAG Issues 7 Draft Completed m Shoreline Master Program Structure Introduction Goals and Policies Environment Designations Development Regulations Appendices — Supporting Documents Shoreline Jurisdiction of Spokane River Creme Iliph ?Ater Frr. ri:?vt el vein t er drprnh 1.0w W Fn ltlty 3tin1111 f3 Introduction Shoreline Jurisdiction lletY yruxwiy um flualrry wag F Ktrrmc High Mel- gr rrk {w vt wi nS4v} _ -- Grdlnary H4h gKlnz mq F gw WaRr Sdfy &Lzrim9rp Lands extending 200' from OHWM of Lakes and Rivers Floodways and contiguous floodplain areas Critical areas and associated buffers [Who/What does it apply to? All uses and development All persons, organizations, entities, etc. Jurisdiction defined by Maps Applies even if Shoreline Permits are NOT required. m Goals and Policies - Chapter 2 Goals and Policies Established to guide: - Plan Development - Required Elements - Regulation of Uses and Shoreline Modifications Developed with assistance from the Shoreline Advisory Group II Environment Designations - Chapter 3 Classifications of shoreline areas that reflect local shoreline conditions, including ecologica functions and shoreline development. Urban Conservancy Designation Residential Designation Environment designations provide "the framework for implementing shoreline policies and regulatory measures specific to the environment designation Urban Conservancy High Quality Designation environment D,esignaions • Upland • Urban Residential % Conservancy • Waterfront Residential Residential Public Lands /Zoned for Developm't Land Below OHWM High Quality Env. - Designated Conservat'n • Aquatic Urban Conservancy - High Quality i eaadrntial - Llplanc- C a ns; rvancy C an&Q nrre cy HU Aquatic rwirvnrncnt Ce=+ten rwal Trail r - ray c.rnta.r ri-.tir. r I Environment Designation Map uta«,rLa.e ni *TT r..........,.- •1 11. :,i' 1. NI. I Mrr< ver.- r ys....nR rQ.m..e. Flexible Tools - Parallel Environments Advantages Reflecting differences in environmental conditions. Acknowledging the presence and effect of physical features. Protecting the immediate riparian corridor shoreline qualities. Allowing appropriate development opportunities on the upland side of shoreline jurisdiction. Development Regulations - Chapte General Provisions (Use and Modification Regulations) • Identifies how to administer and enforce the SMP. • Regulations applicable to all development within the shoreline jurisdiction, including specific uses , development, and shoreline modification activities • Regulates development near or within critical areas and associated buffer m 15 Buffers and Buildin Setbacks 1 Shoreline Suffer Vegetation Conservation Area 75 Foot Offset fuilJurisdiation .771 BufferSuilding Setbacks`;TP `-: Table 21.50-3 Buffer Building Setbacks Environment Urban Conservancy Urban Conservancy — High Quality Shoreline Residential - Upland Shoreline Residential - Waterfront Setback 10 foot 15 foot o foot 1 o foot 1 Supporting Documents Inventory and Characterization Report Restoration Plan Public Access Plan Public Participation Plan Cumulative Impacts Analysis No Net Loss Report Environment Designations 1 m Unique Aspects of the SMP Buffers Based on detailed inventory Utilizes the vegetation conservation layer and identifies high quality environments that should be protected Recognizes land use conditions such as property ownership and existing physical buffers Respects property ownership while protecting the existing ecological function Parallel Designations ▪ Allows separation of private property from Publicly Owned Property ▪ Recognizes the limitations based on ownership and setbacks ▪ Creates a flexible environment for development Issues Piers and Docks Draft allows single family docks in the Coyote Rock area; Other agencies have expressed concern regarding this provision Draft preserves the opportunity for property owners to have a dock but requires additional reporting requirements, including cumulative impacts assessment of like proposals, to ensure no net loss of ecological functions Joint Use State law requires joint use — DOE already expressed concern Draft SMP does not require joint use — but encourages joint use futu revv ise Building communities Protecting the land October 8, 2014 Mr. Joseph Stoy, Chair Spokane Valley Planning Commission 11707 E. Sprague Ave, Suite 106 Spokane Valley, Washington 99206 Dear Chair Stoy and Planning Commissioners: Subject: Comments on the City of Spokane Valley Shoreline Master Program September 19, 2014 Draft focusing on buffers Sent via email to: planning@spokanevallcy.org Thank you for the opportunity to continent on the City of Spokane Valley Shoreline Master Program September 19, 2014 Draft. Futurewise strongly supports updating the City of Spokane Valley Shoreline Master Program (SMP). Since Spokane County's current shoreline master program was adopted we have learned a great deal on how to better protect water quality and other shoreline functions. The Washington State Department of Ecology has also adopted new shoreline master program guidelines. Those are all reasons why the Shoreline Management Act requires comprehensive updates to shoreline master programs for the first time ever. We also strongly support the improvements to the proposed shoreline master program update. I participated on the city's Shoreline Technical Advisory Committee. 1 present these comments on behalf of my organization, Futurewise and The Lands Council, Spokane Riverkceper, and the Spokane Chapter of Trout Unlimited. Futurewise is working throughout Washington State to create livable communities, protect our working farmlands, forests, and waterways, and ensure a better quality of life for present and future generations. We work with communities to implement effective land use planning and policies that prevent waste and stop sprawl, provide efficient transportation choices, create affordable housing and strong local businesses, and ensure healthy natural systems. We are creating a better quality of life in Washington State together. Futurewise has supporters throughout Washington State with many in Spokane County and the City of Spokane Valley. Futurewise supports many of the updated shoreline master program provisions. Clarify that the shoreline jurisdiction will expand as necessary to provide the buffers required to protect critical areas within shoreline jurisdiction. Please see the proposed section "Shoreline Jurisdiction" on p. 1 of 2 in the introduction. The buffers neeessary to protect certain wildlife habitats, for associated wetlands, and geological hazards will extend beyond shoreline jurisdiction. For example for associated wetlands, only the wetlands arc in shoreline jurisdiction. The required buffer is not in Futurewise Eastern WA 35 W. Main Street, Suite 350 Spokane, WA 99201 p. 509-838-1965 www.futurewise.org Spokane Valley Planning Commission October S, 2014 Page 2 shoreline jurisdiction. Geological hazard buffers may also extend beyond shoreline jurisdiction. The Shoreline Master Program Guidelines provide in relevant part that: As provided in RCW 90.58.030(2)(f)(ii) and 36.70A.480, as amended by chapter 321, Laws of 2003 (ESHB 1933), any city or county may also include in its tnastcr program land necessary for buffers for critical areas, as defined in chapter 36.70A RCW, that occur within shorelines of the state, provided that forest practices regulated under chapter 76.09 RCW, except conversions to nonforest land use, on lands subject to the provision of WAC 173-26-241(3)(e) arc not subject to additional regulations. If a local government does not include land necessary for buffers for critical areas that occur within shorelines of the state, as authorized above, then the local jurisdiction shall continue to regulate those critical areas and required buffers pursuant to RCW 36.70A.060(2).` RCW 36.70A.060(2) is the requirement to adopt regulations to protect critical areas. So the City of Spokane Valley must either provide that shoreline jurisdiction expands to include necessary buffers and the other protective measures necessary to protect critical areas or rely on its critical areas regulations with the amendments needed to comply with the Shoreline Management Act and the SMP Guidelines. Since the proposed SMP update includes critical areas regulations within it, we recommend that the City provide that shoreline jurisdiction expands to include the required buffers and other protective measures. .11htl e.`.i 1.50-2; ,``ai'+orelim, \ 1:ivitir's n. 21 of 66 We recommend that bulkheads and other structural shoreline and slope stabilization measures not be allowed as a permitted use in the Urban Conservancy. Structural shoreline stabilization measures have significant adverse impacts on rivers.2 Given the high potential for adverse impacts and the purpose of the Urban Conservancy environment to protect important shoreline resources, if structure stabilization is allowed in this environment it should only be allowed as a conditional use to ensure that it is give necessary review. 21.50.230 Shoreline buffers and building setbacks, on page 22 and 23 of 66, and N'To„”) ,1..I 1'+,.,:f1, Sior. ! Buffer Map. We understand from the City of Spokane Valley No Net Loss Report that the buffer is drawn to include the shoreline vegetation and protect it from development.3 That is one important function of buffers and we appreciate addressing and support including the shoreline vegetation in the buffer. However, we have two concerns about the proposed buffer. First, in some areas the buffers are not wide enough to protect all shoreline functions. For example, Washington State Department of Fish and Wildlife has identified ` WAC 173-26-221(2)(a)(ii). 2 K. Lea Knutson and Virginia L. Naef, Management recommendations for Washington's priority habitats: riparian pp. 69 — 70 (Wash. Dept. Fish and Wildl., Olympia WA: 1997). Accessed on Oct. 8, 2014 at: http://wdfw.wa.guvlpublications/pub.php7id-00029 3 URS Corporation, City of Spokane Valley No Net Loss Report —DOE Preliminary Draft p. 5 (May 31, 2013). Spokane Valley Planning Commission October 8, 2014 Page 3 high river temperatures as a serious problem in the Spokane River. The department wrotc to the City of Spokane Valley: While the upper river habitat structure could be ranked as fair to good, the water quality parameters, particularly instrcam flow and temperature, three the ranking under Condition to be Poor. WDFW is quite concerned with the population decline of native redband trout in the Spokane River and as described above, this is likely linked with reduced spawning material, increased temperature, low recruitment success, and predation.4 To address temperature, 90 to 151 foot wide buffers are required.5 Maintaining wildlife habitat requires buffers from 100 feet to 600 feet wide.6 Removing pollutants can require buffers from 33 feet to 200 feet depending on the pollutant.? Maintaining microclimate, the relatively cooler temperatures along the river and adjoining riparian areas that are aid fish and wildlife survival can require buffers 412 feet wide.8 While some of the buffers proposed in the shoreline master program are wide enough to perform some of these needed shoreline functions, others are not. The buffers along the river from East Trent Drive to Miraheau Parkway extended on both sides of the river are along an undeveloped area, but are not wide enough to protect the river. As these areas develop, noise, light and glare, and pollutants will adversely impact the river. We recommend 200 Foot wide buffers in these areas. When the river turns east, north of East Manficld Drive on the south side of the river the buffers narrow until North Sullivan Road. Almost all of this area is undeveloped. As development occurs in this area, it will adversely impact the river. Again, we recommend 200 feet buffers outside of the few already developed areas. North and south of East Indiana Avenue, the buffers become quite narrow on the cast side of the river. This area is largely undeveloped and could accommodate a 200 feet wide buffer. East of North Barker Road and north of East River Walk Road on the south side of the Spokane River, the buffer again narrows. In this area the houses and even most yards are setback from the river. We recommend a wider buffer here, ending at the existing planted yards. 4 Washington State Department of Fish and Letter to the City of Spokane Valley Subject: Comments regarding the Technical Review Draft of Shoreline Inventory and Characterization Report p. *2 (March 10, 2010). 5 K. Lea Knutson and Virginia L. Naef, Management recommendations for Washington's priority habitats: riparian p. 164 (Wash. Dept. Fish and Wildl., Olympia WA: 1997). G Idat pp. 165 — 67. 7 Id. at pp. 164 — 65. Id at p. 167. Spokane Valley Planning Commission October 8, 2014 Page 4 Our second concern is that the mapped buffer may be difficult to identify as changes occur over time. So we recommend that dimensions be added to map so the buffer width can be more readily identified. 21.59.2M) 4hiA 4;rk rc•wur,,T, I M r):!2 “: 2 2t) Irl' (,(a. We strongly support the provisions for protecting archaeological and historic resources. These provisions will help protect valuable cultural resources. We appreciate that the City has incorporated the recommendation of the Department of Natural Resources that piers and docks should also comply with proposed SVMC 21.50.410 as applicable. This will clarify that important protections also apply to piers and docks. We support thc Department of Ecology recommendation to add a new subsection, "9," to read as follows: "New residential development of two or more dwellings shall provide joint use or community dock facilities, when feasible, rather than allow individual docks for each residence." As Ecology points out, this is required by the Shoreline Master Program Guidelines in WAC 173-26-231(3)(b). It is also necessary to protect the river from the adverse impacts of a proliferation of docks and to protect thc public's right to use the river. The language in proposed "9" is too limited geographically to protect the river. Docks on the Spokane River should be Iimited to thc Upriver Reservoir area located west (or downstream) of thc Argonne Road bridge. "This recommendation is supported by the technical work completed by the City's consultant, URS, which recommended against dock development upstream of the Millwood area. For example, in a May 16, 2011 memo to Lori Barlow9, URS stated: "Spokane River Section 3 includes the river from the Trent Avenue Bridge to just downstream of the Coyote Rocks development. Hydraulically, this area is considered a transition area from the free flowing river found in the upper sections to the Upriver Dam reservoir arca downstream. The Upriver Dam reservoir extends to about the mid -point of the Coyote Rocks development. During spring runoff, river velocities arc high providing the characteristics of a free flowing river throughout this arca; during the summer, river velocities are low providing more lake like characteristics below thc Centennial Trail Bridge. Throughout much of this section, summer river depths are shallow. Trout spawning areas have been located at and below the Centennial Trail Bridge. Much of the area is considered a high quality shoreline. This area is not appropriate for docks due to the high spring river flows that would require either robust anchoring structures or seasonally movement of the docks, the likely impact to ecological function of the shorelines and to critical areas (trout spawning) from construction and use, and the shallow river depths." According to a report completed on behalf of the Washington Department of Fish and Wildlife, the Washington Department of Ecology, and the Washington Department of Spokane Valley Planning Commission October 8, 2014 Page 5 Transportation titled, "Over -Water Structures: Freshwater Issues 9" one of the most significant impacts of docks is the creation of altered habitat that is ideal for the predation of native trout species by non-native bass. This is often the result of altered light patterns caused by the shading of the dock. This is a situation that exists in the Spokane River. One measure to reduce this impact is to address the shading associated with docks. Accordingly, a new requirement ("10") should be added to provide measures to reduce the impact associated with predation of native trout, particularly all new docks should include ambient light grids, white PVC sleeves for pilings, bright reflective aluminum, and bright white materials for flotation." While we recognize that the list of snaps and inventories in proposed 21.50.470 is not an exclusive list, we suggest that a reference to the latest Department of Natural Resources (DNR) Natural Hazards map available at DNR's Washington State Geologic Information Portal. While the niap does not show all geological hazards, it does include many. 1° 21.511.490 t'r•itical arca r•ccit". :17t1 21.50.500 Critical arca report requirements for arll •ars pp. 4.4 Critical areas, especially natural hazards, have the ability to affect development well beyond 200 feet from the development site. t t Similarly, some fish and wildlife buffers extend beyond 200 feet. So we recommend that critical areas that can either adversely affect the proposed development or that the development may adversely affect be identified in the critical areas report. We recommend that 21.50.490(B) be modified to read as follows with our additions double underlined and our deletions double struck through: B. Applicant shall identify in the application materials the presence of any known or suspected critical areas on or within 200 feet of the property line, any critical area boiler that incl_ttdes any part of therprcoiect ares, c .zany ritical area that has the potential to harm people or structures wjthiu.t hever is farther. We recommend that 21.50.500(B)(7) be modified to read as follows with our additions double underlined and our deletions double struck through: 7. Identification and characterization ofalI critical areas, water bodies, and critical areas associated with buffers located on site, adjacent to, and within 200 feet of proposed project areas,_any critic l arca buffer that includes any, art of the p ojcct area, or any uriticalite_a slut has the potential to harrxtpeople o1 structures within the prolec.t_are_ , whichever is farther. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer shall apply; Jose Carrasquero, Herrera Environmental Consultants, Over -Water Structures: Freshwater Issues (April 12, 2001) at: http:/fwdfv.wa.gov/publications100052/wdfw00052.pdf Washington State Geologic Information Portal accessed on Oct. 8, 2014 at: http://www.dnr.wa.r;ov/researchscicnce/topics/geosciencesdata/pages/gcolo fyy__portal.aspx 'I See for example Washington State Department of Natural Resources, Significant Deep -Seated Landslides in Washington State and Widespread Shallow Debris -FL Landslide Events in Washington State accessed on May 22, 2014 at: hap://www.dny,wav/Publicationsiger list large landslicles_pdf and enclosed with this letter with the filename: ger_Iist_large_landslides.pdf. Spokane Valley Planning Commission October 8, 2014 Page 6 21.51J.520(('1(1) NVetlands - Shoreline Critical Area Regulations on p. -18 of 66. WAC 173-26-221(2)(c)(i)(A) requires Shoreline Master Program regulations "to achieve, at a minimum, no net loss of wetland arca and functions ...." Wetlands provide important functions that benefit Spokane Valley residents, property owners, and businesses. These functions include removing pollutants, such as nitrogen, that would otherwise get into surface waters and ground water drinking water supplies and recharging ground water. The city must adopt wetland regulations that achieve no net Loss of wetland area and function which the proposed wetland regulations fail to do. We very much appreciate that the propose shoreline master program update no longer excludes shall wetlands from protection. 'Thank you very much! However, implementing that important reform inadvertently excluded several important wetland types from protection. So we recommend that proposed 21.50.520(C)(1) be modified with our recommended deletions are shown below with double strike throughs. 1. Applicability, These buffer provisions apply to all wetlands that!, a -At rca 4,147)44— is s.ol a-in--llabiiat-id041 ' " - _ - - icsr42.951€01CB identi i x1 by WDFW or --1 latura. ipce s-idca►t 'icd by thc WDNR; rNti=peo.k wNotl n4 21.50.5-10 and i1 ildlile habitat conservation areas - Shoreline critical area regulation,. ;7. 56 i>q. Proposed 21.50.540(C) provides that "[b]uffiers shall not exceed 100 horizontal feet from the edge of the FWHCA." However, buffers wider than 100 feet are needed to protect fish and wildlife habitats. For example, in urban areas great blue heron rookeries may require buffers as wide as 197 fect.12 WAC 173-26-221(2)(a)(ii) requires that SMPs arc to "[p]rovide a level of protection to critical areas within thc shoreline area that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources." Limiting fish and wildlife buffers to 100 feet will not assure no net loss. So the 100 foot buffer limit must be deleted. 21.50.540 Fish and wildlife habitat enn`ervation areas - Shoreline critical area regulations p. 59 or 66. The Washington State Department of Fish and Wildlife priority species and habitats databases include habitats depicted as points, areas, and lines. The area habitats include, for example, the communal roost of the bald eagle, a Washington State sensitive species. The proposed regulations, however, limit protections for nearby developments to den and nest sites and point locations. This is inconsistent with WAC 173-26-221(2)(a)(ii) which requires shoreline master programs to "[p]rovide a level of protection to critical areas within the shoreline area [including fish and wildlife habitat conservation areas] that 121. M. Azerrad, Management recommendations for Washington's priority species: Great Blue Heron p. 6 (Washington Department of Fish and Wildlife, Olympia, Washington: 2012) accessed on May 22 at: http://wdfw.wa.gov/publicationsf01371/wdfw01371 pdfand enclosed with our prior letter. Spokane Valley Planning Commission October 8, 2014 Page 7 assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources[.]" By failing to protect habitats depicted as lines and areas, the Spokane Valley SMP fails to meet this standard. Our suggestions to address this issue are shown below with our additions double underlined and our deletions double struck through. 2. Any proposal in a I2WHCA or within 1,320 feet from a habitat with which priority species has a primary association zio that the Director (in consultation with the WDFW) determines is likely to have an adverse impact on a FWI-ICA or associated species shall provide a I-Iabitat Management Plan, including: viii.The location of priority habitat types or priority species habitats p within 1,320 feet of the proposal 21.511,550 (,vuiu!gically hazardous areas tiltnr cline critical arca rc!,ttiI:1ti1111, pp. 61 65 66. Geological hazards have the ability to affect development well beyond 50 feet from the development site.13 They may also reach well beyond the height of the slope or 50 feet. The slope responsible for the Oso tragedy had a slope height of about 600 feet tall but ran out for nearly a mile from the bottom of the slope." The 2013 Ledgewood-Bonair Landslide on Whidbey Island had an average slope height of 200 feet, but global positioning system (GPS) measurements suggested that the toe of the slide extended approximately 300 fect.15 While we recognize the that there are, no slopes in Spokane Valley this large until there are scientific standards, landslide hazard buffers should be determined on a case-by-case basis. We recommend that 21.50.550(C)(1) and 21.50.550(D)(2) be modified to read as follows with our additions double underlined and our deletions double struck through: 1. Any development or uses proposed fiL.an,area that may_be_st.rbjct_tdamage t'rOIn it 50 feet fa geologic hazard area shall prepare a critical areas report satisfying the general critical area report requirements in SVMC 21.50.500 and the additional standards for Geologic Hazard Areas in SVMC 21.50.550(E). 2. Buffers from all edges of Erosion or Landslide Hazard Areas. a. For landslide .haar...ds, Qualified Prolessionat 41ta1I review the landslide ltara.fd aid dctcrnilic buffers sul'liciettLindirotectproposed and existingdevelkpment from the risk 01 dalnirte._1•'or erosion hazards the minimum buffer shall be equal to the height of the slope or 50 feet, whichever is greater. 13 See for example Washington State Department of Natural Resources, Significant Deep -Seated Landslides in 13'ashingtnn State and Widespread Shallow Dehris-Flow Landslide Events in Washington State accessed on May 22, 2014 at: http:!/www.dnr.wa. ov/Prib1ications/ger list lark Iandslides.pdf " Jeffrey R. Keaton, Joseph Waltman, Scott Anderson, Jean Benoit, John deLaChapelle, Robert Gilbert, David R. Montgomery, The 22 March 2014 Oso Landslide, Snohomish County, Washington p. 144 (Geotechnical Extreme Events Reconnaissance (GE -ER): July 22, 2014). Accessed on Sept. 10, 2014 at: lrttp://www.geerassociation.org/G EER Post%20EQ%20Reports/Oso_WA 2014/ 15 Stephen Slaughter, Isabelle Sarikhan, Michael Polcnz, and Tim Walsh, Quick Report for the Ledgewood Bonair Landslide, Whidbey Island, Island County, Washington pp. 3 —4 (Washington State Department of Natural Resources, Division of Geology and Earth Resources: March 2°, 2013). Accessed on Oct. 3, 2014 at: htto:l/www.dnr.wa.gov/publicationskter qr whiclbev island landslide 2013,pdf Spokane Valley Planning Commission October 8, 2014 Page 8 b. EQrcrosion hazards, the buffer may be reduced to a minimum of 10 feet when a Qualified Professional demonstrates that the reduction will adecivatc.ly protect the proposed development, adjacent developments and uses, and the subject critical area. c. The buffer may be increased where the Director determines a larger buffer is necessary to prevent risk of damage to proposed and existing development. Thank you for considering our comments. If you require additional information please contact me at telephone (509) 838-1965 or e-mail Kitty(c ?l:uturewise.or<u Sincerely, Kitty Klitzke Spokane Program Director Futurewise 1/7 Mike Petersen Executive Director The Lands Council Jerry White Spokane Riverkeeper Center for Justice Mr. 13i11 Abrahamse Chapter President "Trout Unlimited URS Date: May 16, 2011 To: Lori Harlow, AICP From: John C. Patrouch, PE Subject: Memorandum City of Spokane Valley — Shoreline Master Program Docks along the Shoreline At the May 5, 2011 Shoreline Advisory Group meeting the issue of appropriate areas for docks was discussed. This memorandum provides additional information on the use of docks along the City of Spokane Valley's shorelines. The information is from the Shoreline Inventory and Charaeterization Report prepared by URS, April 5 2010. This memo also provides excerpts from WAC 173-26-231(3)(b) about State regulations for Piers and Docks. Regulations for Piers and Docks: State Regulations The Washington Department of Eeology (Ecology) in WAC 173-26-231(3)(b) says that new piers and docks shall be allowed only for water -dependent uses or for public access. A dock associated with a single family residence is considered a water dependent use if it is designed and used for access to watercraft. Water -related and water -enjoyment uses may be allowed as part of mixed-use development on over -water structures where they are clearly auxiliary to and in support of water -dependent uses. The WAC also says that piers and docks shall be designed and constructed to avoid or, if that is not possible, to minimize and mitigate the irnpacts to ecological functions, and critical area resources such as fish habitats and processes such as currents. The State Department of Natural Resources (DNR) provided guidelines for approving dock permits and leases. Within the guidelines the guidelines say that new or expanded uses or structures should not be authorized in important habitats for protected species. The DNR guidelines also say that to prevent prop scour, new docks, piers, mooring areas, etc, should he located in water deeper than seven feet. Local Regulations- Motorized Vehicles Spokane County has a "Boating Safety Ordinance" (Ordinance #6.03) that prohibits motorized vehicles from operating between the west side of the Centennial Trail Bridge at Plante's Ferry and the West Side of the Barker Road Bridge between April 16 to October 14. In addition the County has a no -wake zone within 100 feet of a shoreline or if the waterbody is less than 200 feet wide, a no wake zone within 50 feet of the shoreline. The City of Spokane has an agreement with existing homeowners that have property along the Upriver Dam reservoir that allows motorized boats to be launched and retrieved once per year. This is the only access along the reservoir that provides a ramp needed for boat trailers URS City of Spokane Valley Shoreline Characteristics Page 2 of 6 The City of Spokane Valley shorelines include portions of the Spokane River, Shelly Lake, and the active Sullivan Road and Park Road Gravel pits. The two active gravel pits are regulated under a DNR permit. Floating platforms (docks) are used as part of the gravel extraction process. This existing use is not directly addressed in the SMP Guidelines, The gravel pits are considered an appropriate area for docks since they are used for gravel extraction and do not impact either ecological functions or critical areas. After the gravel pits are finished with extraction and restored per the approved DNR Restoration Plan, these areas would still be suitable for docks if designed and constructed to minimize any ecological impacts to the shorelines. Shelley Lake is owned and managed by the Shelley Lake Homeowners Association. A common arca is provided along most of the shoreline. There is a private lot on the east side of the lake that could be subdivided in the future. Shelley Lake is an important bird and waterfowl sanctuary but is reported to have only a small fish population. Seasonal lake elevation varies by about 16 feet. Shelley Lake is an appropriate area to construct a community dock since impacts to ecological function and critical areas would be minimal. A large number of docks, particular along the cast side of the lake would have a greater negative impact on the lakes function. The Spokane River was divided into four segments for inventory and characterization purposes. Spokane River Sections 1 and 2 cover the npstream City Limits (upstream of Barker Bridge) to the Trent Avenue Bridge. Both sections arc characterized by relatively fast shallow river flows that are seasonally variable. Section 2 provides an important warm weather refuge for cold water fish. Sections 1 and 2 have heavy recreational river use during the warm months. Most of the shorelands arc owned and managed by State Parks, These areas are not physically appropriate for docks since the river is narrow; there is a fast current, rocky substrate, and variable water depths. Impacts of docks would include reduced navigability for the recreational river uses, the construction of either robust anchoring structures, or frequent moving of the structures. Either option would negatively impact current uses of the shoreline. Spokane River Section 3 includes the river from the Trent Avenue Bridge to just downstream of the Coyote Rocks development. Hydraulically, this area is considered a transition area from the free flowing river found in the upper sections to the Upriver Dam reservoir area downstream. The Upriver Dam reservoir extends to about the mid -point of the Coyote Rocks development. During spring runoff, river velocities are high providing the characteristics of a free flowing river throughout this area; during the summer, river velocities are low providing more Take like characteristics below the Centennial Trail Bridge. Throughout much of this section, summer river depths are shallow. Trout spawning areas have been located at and below the Centennial Trail Bridge. Much of the arca is considered a high quality shoreline. This area is not appropriate fbr docks due to the high spring river flows that would require either robust anchoring structures or seasonally movement of the docks, the likely impact to ecological function of the shorelines and to critical areas (trout spawning) from construction and use, and the shallow river depths. Spokane River Section 4 is the Orchard Avenue arca and is located 011 the Upriver Dam reservoir. Existing development, including docks are current uses. This area is considered appropriate for docks if designed to minimize ecological impacts. Page 3 of 6 COSV Shorelines Section 4 1 Page 4 of 6 Page 5 of 6 COSY Shorelines Section 3 Page 6 of 6 'VISTA October 9, 2014 City of Spokane Valley cto Ms. Lori Barlow 11707 E Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Dear Ms. Barlow; Thank you for the opportunity to comment on the City of Spokane Valley's Shoreline Regulations. We respectfully request that you add the following comments, displayed in red, to the record: 21.50.480 Exemptions from critical area review and reporting requirements. A. Activities exempt from critical area review and reporting requirements shall ensure no net loss of shoreline ecological functions pursuant to SVMC 21.50.210. Exempt activities shall be conducted consistent with performance standards identified in SVMC 21.50.180 through 21.50.450, including mitigation sequencing. B. Any incidental damage to or alteration of a critical area or their buffers resulting from exempt activities shall be restored, rehabilitated, or replaced at the expense of the responsible party within one growing season. C. The following activities are exempt from critical area review and reporting requirements: 1. Conservation or enhancement of native vegetation. 2. Outdoor recreational activities which do not involve disturbance of the resource or site area, including fishing, hunting, bird watching, hiking, horseback riding, bicycling, and natural trail use. 3. Education, scientific research, and surveying. 4. Normal and routine maintenance and repair of: a. Legally constructed existing irrigation and drainage ditches, utility lines and rights-of- way, and appurtenances; and b. Facilities within an existing right-of-way and existing serviceable structures or improved areas, not including expansion, change in character or scope, or construction of a maintenance road. The exemption includes the necessary vegetation management that keeps the existing right -of -w -3v clear from hazard trees c. State or City parks, including noxious weed control and removal of hazard trees where the potential for harm to humans exists. Avista believes that the exemption for facilities, within an existing right-of-way, needs to also include the right-of-way maintenance. This additional language would be consistent with Section 21.50.090(H) and 21.50.260(C)(3). Many regulations are interpreted, and usually, to the more restrictive end of things. If maintenance for our right—of-way corridors is not recognized in this section as being exempt, vegetation management activities could potentially be interpreted to need to go through the whole critical area permit process, which includes 1411 E Mission Ave. PO Box 3727 Spokane, WA 99220-3727 800.227.9187 www. avistautilities.com Ms. Lori Barlow October 9, 2014 Page 2 SEPA, habitat management plan, reporting, etc. Critical areas are a 250 foot buffer from the OHWM. Another area of inconsistency within this section, regarding the removal of hazard trees where the potential for harm to humans exists, is that state and city park's property is recognized as being exempt. This section of exemption for state and city parks makes sense, however, it is up to interpretation if utility rights-of-way are exempt from the critical area review. Other sections of the shoreline regulations recognize the utility corridor maintenance as an exempt activity. If you have any questions, please feel free to contact me at 509-495-8657 or robin. bekkedahlavistacorp. cam_ Sincerely, l� 1/,2k /gin , ,c , , Robin Bekkedahl Sr. Environmental Scientist Avista Corporation ,VES TA Minutes Spokane Valley Planning Commission Council Chambers — City Hall, September 25, 2014 Chair Stay called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms. Horton took roll and the following members and staff were present: Kevin Anderson Christina Carlsen Robert McCaslin Mike Phillips Steven Neill Joe Stoy Sam Wood Lori Barlow, Senior Planner Cary Driskell, City Attorney Martin Palaniuk, Planner Deanna Horton, Secretary Commissioner Carlsen proved to approve the September 25, 2014 agenda as presented. Motion passed seven to zero. Commissioner Neill moved to approve the September 11, 2014 minutes as presented. Motion passed, six to zero. Commissioner Carlsen did not vole because she was absent from the September 11, 2014 meeting. COMMISSION REPORTS: Commissioner McCas[in reported he had attended the HUB All-Star Breakfast and the WSU Spokane 25'x' Anniversary celebration. ADMINISTRATIVl' REPORT: Sr. Planner Lori Barlow stated Director E-Iohrnan updated the City Council on the Comprehensive Plan processes at the last Council meeting. The deadline for the annual Comprehensive Plan amendment process is November 1s`. Staff has held three pre -application meetings, but no actual applications have been submitted. City Council has directed staff to begin the legislative Comprehensive Plan update which must be completed by 2017. PUBLIC COMMENT: There were no public comments. COMMISSION BUSINESS: Findings of Fact -- CTA -2014-0003, Code text amendments to sections of Title 19, Title 22 and Appendix A of the Spokane Valley Municipal Code (SVMC): At the August 28, 2014, meeting the Commission conducted a public hearing on the proposed amendments to the SVMC. On September 11, 2014 the Commission continued their deliberations on the proposed amendments. Planner Marty Palanink began by discussing the amended language with the Commissioners. • Appendix A changing the Recreational Facility definition specifying indoor gun ranges; this amendment was passed as proposed. • Sections 19.40.010, 19.60.010, 19.70.010, and 19.70.020 removing screening requirement for community facilities and public utilities; this amendment was passed as proposed. • Section 19.60.010 removing the shared access requirement for new development; this amendment was passed as proposed. • Sections 19.60.040, 19.60.060, 19.60.070, 19.60.080, 19.70.010 modifying outdoor storage requirements, this proposal passed with the change to restive the requirements for front and flanking yards and add requirements for no storage in drainage easements and for meeting the requirements of the clearview triangle regulations. • Section 19.120.050, permitting Outdoor storage as a use, this amendment passed as proposed, • Section 19.120.050, allowing automobile/truck repair as a permitted use in Corridor Mixed Use and Community Commercial zones, this amendment passed as proposed. 09-25-14 Planning Commission Minutes Page of 3 • Section 19.40.130 modifying development standards for Manufactured Home Parks; this amendment passed with a modification to the setback on the carport based on which side the car would access. • Section 19.120.050 permitting limited medical and dental clinic use in the MF -1 and MF -2 zones; this amendment was passed with modifications which would allow existing structures to increase by 10%. New structures would be permitted, but the square footage would be limited to the same amount of the original structure plus 10%. • Section 22.50.020 modifying the vehicle parking requirements; this amendment passed as proposed. • Section 22.50.030 modifying the off-street loading requirements; this amendment was passed with the modifications that no limitations as to where the loading dock could be located, defining the minimum loading space size as 12 feet x 30 feet, no height restriction. • Section 22.50.040 modifying bicycle parking requirements; this amendment was passed with the modification of changing bicycle racks to bicycle spaces. • Table 22.50-2 modifying the table layout and specific activity parking requirements; this anrendnient was passed as prososed. When Mr. Palaniuk discussed the language for the amendment to the medical/dental facilities, Commissioner Carlsen said she did not feel the wording in the last condition was stated correctly. It was written: New or remodeled structure may not exceed 10% of the current building footprint. Commissioner Carlsen felt this meant a new building could only be 1 0% of the size of the building which had been on the property. After discussing the subject the language was changed to read New or remodeled structure may not exceed 1 10% of the currant building, footprint. Commissioner Carlsen moved to approve the Planning Commission findings and recommendation as they had been modified with the change in the language to the medical/dental amendment. This motion passed seven to zero. Study Session --- Draft Shoreline Master PIan, Formal Adoption Process: Sr. Planner Lori Barlow gave the Commissioners an overview of the Shoreline Master Plan which is now ready for formal adoption by the City. The City began its update in 2009, and now the various components have been complied into the Shoreline Master Plan itself and its appropriate appendices. The Shoreline Master Plan Contains: • The Goals and Policies • The Environmental Designations • 1'he Development Regulations • The Critical Areas Regulations Along with the appendices o Public Participation Plan o Shoreline Inventory o Shoreline Public Access Plan o Restoration Plan o Cumulative Impacts Analysis o No Net Loss Report The draft Pian will ready for a public hearing on October 9, 2014. After the public hearing, the Commission will send a recommendation to the City Council. The City Council will go through its adoption process and then forward the Plan to the Dept. of Ecology (DOE). The DOE will begin its own adoption process. This process will include a review, it could hold its own public hearing, and then either adopt the Plan or send it back to the City requesting changes to the Plan Ms. Barlow said the Plan had already been forwarded to the Technical Review Committee. The Commissioners asked if staff expected any comments at the public hearing. Ms. Barlow said that at this point she did not expect any comments which had not already have been heard and addressed, but 09-25-14 Planning Commission Minutes Page 2 of3 that the issue of how the City is addressing the docks at Coyote Rock would be one which would likely come up again. Commissioners noted the copies they had had some numbering issues which were not completely in line with the Table of Contents. Ms. Barlow explained staff were still reviewing the docurncnts for consistency, common language, numbering, etc. since some of the items had not been looked at since they were first approved by Council resolution. Some of the documents were approved 2009/2010 and differing terms were used in the documents. The task to bring there all together and make therm consistent had riot been completed yet. The goal is to have the document polished and refined prior to sending it on to the City Council for review, but it would not likely happen prior to the public hearing. GOOD OF THE ORDER: Ms. Horton asked the Commissioners to return their Comprehensive Plan notebooks to the City for an updated version. ADJOURNMENT: The meeting was adjourned at 7:29 p.m. Joe Stoy, Chairperson r�- ALA161-- W011aka Deanna Horton, Secretary q. Date signed 09-25-14 Planning Commission Minutes Page 3 of3 Minutes Spokane Valley Planning Commission Council Chambers — City IIaII, October 9, 2014 Chair Stoy called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms. Horton took roll and the following members and staff were present: Kevin Anderson Christina Carlsen Robert McCaslin Mike Phillips Steven Neill Joe Stoy Sam Wood Lori Barlow, Senior Planner 'I'adas Kisielius , Special Council Deanna Horton, Secretary Commissioner Carlson moved to approve the. October. 09, 2014 agenda as presented. Motion passed seven to zero. Commissioner. Carlson moved to approve the September 25, 2014 minutes as presented. Motion passed, seven to zero. COMMISSION REPORTS: Commissioners had no report. ADMINISTRATIVE REPORT: Sr. Planner Lori Barlow stated CTA -2014-0003, the batch Spokane Valley Municipal Code (SVMC) amendments which were just recommended by the Planning Commission, were discussed at a study session with the City Council. Ms. Barlow stated Director John flohman expressed his thanks to the Planning Commission for the work they did on the amendments. PUBLIC COMMENT: There were no public comments. COMMISSION BUSINESS: Public Hearing, Public Hearing Draft of the Shoreline Master Program (SMP) Ms. Barlow said attorney Mr. Tadas Kisielius, special counsel to the City for Shoreline Master Program, would be helping the Commissioners in their review of the Draft SMP. She remarked Mr. Kisielius would be assisting the Commission with questions regarding the Shoreline Master Program, as he has done in the past. Commissioner Stoy opened the public hearing at 6:07 p.m. Ms. Barlow gave a brief presentation regarding the approval process for the SMP. Ms, I3arlow stated there had been two comment letters submitted for the public hearing, one from Avista and another from Futurewise and the other environmental groups which they support. Ms. Barlow said the complete plan had been routed to the Technical Advisory Group for comments. These were the only two agencies which submitted new comments. Ms. Barlow stated Avista asked for more clarification on making sure their maintenance activities arc exempt. Futurewise asked for more of the same from their comments previously submitted regarding docks and where they would be allowed on the river. Seeing no one else who wished to testify, Commissioner Stoy closed the public hearing at 6:19 p.m. The Commission began deliberations with questions for staff. Goals and Policies first page, noted this comes from the WAC 173-26-186(5), the first sentence says: "The policy goal., of the act, implemented by the planning policies of master programs, may not he achievable by development regulation alone." Commissioners asked about the intent of the statement. Mr. Kisiclius said the intent is that development regulations will be instrumental in assuring that development projects do not create a net loss of ecological function. However, the Department of Ecology (IX)F) feels that there might be other possibilities for net loss throughout the Shoreline program. The Cumulative Impacts report is created to help cities look and sec if i0 -O9 -t4 Nanning Commission Minutes Page 1 of 4 what is going on is going to create a net loss. There are also other supporting documents, which arc not development regulations, such as the Restoration Plan, the No Net Loss Report which will help counter balance any net loss. The. Cumulative Irnpacts report takes thc development regulations and restoration opportunities and includes what could happen on the ground including exempt development. 'That means that the development regulations are not the only thing a city would rely upon to ensure no net loss of ecological function. Goals and Policies SMP 2.5 states Ensure early and continuous site inspection, consultation, or- c'valuation by a professional archaeologist in coordination with affected tribes for all permits issued in areas documented to contain archaeological resources. The Commissioners asked if' the City has a rule which would address archaeological issues in development, regardless of the property being located on the river. Ms. Barlow commented there could be regulations possibly in the SVMC which address it but she was unsure at this time. Commissioner Anderson wanted to make sure if there was, they should be compared to make sure they are both saying the same thing. Ms. Barlow stated Development Engineer Gloria Mantz had reviewed the regulations for consistency with the rest of the City code. Mr. Kisielius said, even if it was not in the SVMC already, there is a state statute which would address it. Ms. Barlow also mentioned staff worked to not repeat items; if it was addressed it the code somewhere else, then staff made a reference to where it was already listed. SMP 4.11 Recognition of Centennial Trail - Recognize the importance and uniqueness of the Spokane River Centennial Trail 10 the City of Spokane Valley, the region, and the .state. Future trail development on private properly including trail extensions, new access points, whether public or private, shall be designed to have the least adverse impact. Future trail development on public property shall meet the same objective, but should also incorporate enhancement and restoration measures where appropriate. Ms. Barlow stated that this addresses access points to the Centennial Trail. This would apply when someone was developing an access point to the trail, whether it was on a private development or from public property, for example, a park to the Trail. SUP 5.6 Consistency with Comprehensive Plan and Development Regulations. Proposed economic development in the shoreline should be consistent with the City of Spokane Valley Comprehensive Plan and development regulations. Upland uses on adjacent lands outside of immediate SMA jurisdiction (in accordance with RCW 90.58.340) should protect the preferred shoreline uses from being impacted by incompatible uses. Commissioners asked about the upland uses on adjacent lands that protect the preferred shoreline uses, and questioned if shorelands was a better reference. Mr. Kisielius said the shoreline jurisdiction covered the shoreline and the 200 feet landward and shorelands were part of the shoreline jurisdiction. Ms. Barlow added that the policy states the SMP tnust be compatible with the Comprehensive Plan and the development regulations. This allows the City the ability to control uses which were incompatible next to each other. Commissioners confirmed this policy would not snake any properties along the shoreline non -conforming. Residential Development Standards, SVMC 21.50.370(8)(8) Exterior lighting associated with single-family residences, such as pathway lighting and lighting directed at landscaping features, is permitted within the setback area so long as it is directed away from the shoreline. Commissioners had a concern with thc "directed away from the shoreline" asking why we would need to direct thc light away from the shoreline. if safety was a concern wouldn't there be a need to add lighting to a path or dock. Ms. Barlow commented thc intent is for the lighting to be directed away from the water, where excess lighting could be a problem for the habitats located in the water and along the shoreline. Ms. Barlow said the shoreline ends at the water and the water is not owned by a private party so the light should not be pointed out at the water, Cumulative Impacts Analysis (CIA) the Introduction first paragraph, The Shoreline Management Act (SMA) Guidelines under Washington Administrative Code (WAC) 173-26-186'8)(d) state that, "To ensure no net loss of ecological functions and protection of other shoreline functions 10-09-14 Planning Commission Minutes Page 2 of 4 and/or uses, master programs shall contain policies, programs, and regulations that address adverse cumulative impacts and .J<tirly allocate the burden of addressing cumulative impacts among development opportunities". Cumulative impacts are not specifically defined in the SMA; however, they generally describe the impact of an action or project in conjunction with other similar, reasonahle foreseeable actions. Commissioners questioned the last sentence. Mr. Kisielius remarked that the language is related to SF,PA terminology however, the City must, on a continuous basis, evaluate how much impact development projects have on the shoreline. Where the first project might not make an impact, the second might not as well, standing alone, but combined they might impact the shoreline. The reason for the Cumulative Impacts Analysis (CIA) is to look at the SMP as a whole, including the regulations, add in the projects we know about and give an analysis on how to maintain the status quo. Commissioners questioned if 2.4 Summary of Ecological Functions at Risk, the last sentence which remarks on water quantity/flow management should be re -written to take into account current stormwater regulations, since stormwater is implied but not brought up specifically in this section. Mr. Kisielius said that this would not be a concern because there arc specific regulations which address this issue, Commissioners commented that Table 4.1 had more categories in it based on a very preliminary draft. Ms. Barlow said the table had been updated to match the categories in the development regulations. Mr. Kisiclius commented that the conclusions in the CIA are supportive of the changes which have been made and they arc sufficient to address cumulative impacts. The analysis says there arc good strong regulations pertaining to docks. However in the last paragraph on page 21 there is a recommendation to enhance those regulations. The suggestion is to ensure there is a procedural step which would require applicants to at least pursue the possibility of joint docks. The CIA has a recommendation to make a chants regarding docks on the river. It is not a requirement for a joint use dock, but it is recommending a procedural step be placed in the regulations which would address the fact that people need to at least inquire about the possibility of a joint use dock. The DOE and other agencies have spoken to this issue in the past, it will be one that will continue to conte up until it is addressed. Other agencies have commented about prohibiting docks on the portion of the river between the Centennial 'frail Bridge and Argonne Bridge. One way to help lessen the disapproval regarding this issue would be to place steps in the regulations which would memorialize the neighbors' attempt to make sure that joint use docks are not be an option. This would just require the neighbors to explore the option. Commissioner Wood questioned adding a requirement to have to ask the neighbors about a joint dock. He expressed concern about where the dock would be located, people having access to his property, how would this access be controlled. Ile said he was concerned about having to ask another person permission for something which was legally permitted. IIe feels it is over restrictive and takes away personal property rights. Commissioner Phillips asked how the City would regulate joint docks if a person asked their neighbors if they wanted to have a joint dock, they said no, then the neighbor comes in the next week to get a dock of his own. Mr. Phillips stated he was in favor of adding something if this would help the DOE approve the plan, but he does not want to do it if the reason is we think DOE. will require it. He was concerned that a neighbor could hold the process hostage. Commissioner Carlsen said there was a concern if the first neighbor moves and the next one, you can't get along with them, what would happen then? Ms. Barlow said that the agreement would be recorded with the property, just like any other easement. She said the City would not say where the dock was located. The City is not making these rules to protect a situation. The City is trying to address a requirement from state law which says that when there are two or more homes, it should be a requirement to have a joint dock. Mr. Kisielius said this was not a way for one person to be held hostage. The idea was to provide the most opportunity for the City to be able to address this issue when there would be an opportunity to do so. 10-09-14 Planning Commission Minutes Page 3 of The Commissioners decided to reprove the words 'new' and of two or nu»e dwellings' from 21.50.430(B)(9). They also agreed to add to the regulations which would require applicants to explore the options of a joint use dock. Mr. Kisielius said staff would draft language for this and have it ready for the next meeting. The Commissioners discussed with staff the continents submitted by Avista. Ms. Barlow stated that the concerns raised by Avista previously are very similar to this request, however this addresses critical areas. They are asking for the sante changes to make sure their maintenance activities are covered. After discussion the Commission decided to accept the changes requested by Avista. The Commission then addressed concerns raised in the latest letter from Futurewise. Mr. Kisielius and Ms. Barlow commented that the requests mirror many they sent previously. Some have been addressed, some staff is not willing to change because some language is written to mirror state statues, and some do not fall into line with the City Council's preferred direction. • Expand the buffers to protect critical areas. This concern had been addressed previously. • 1Iave bulkheads and other structures not allowed as a permitted use in Urban Conservancy areas. 1lowever the regulation addressing this is written to mirror the state statute. • List the buffer widths on the maps. The City has addressed this concern previously. • Request docks and piers be restricted from the area east of the Argonne Bridge and west of the Centennial Trail Bridge. This issue has been addressed in a change considered previously by the City. • Asked for a reference to the Department of Natural Resources Natural hazards map be included in the listing of maps and inventories. Staff did not feel the necessity to list this map, the issues have been covered. • Critical area review and reporting. Futurewise feels that reporting should be completed for any buffer which might be in a project arca, regardless of how small. Asked to change the wetland regulation to just say 'buffers apply to all wetlands,' instead of with associated listing in 21..50.520(C)(1) of when it would be applied.' Staff noted this concern has been addressed previously and no changes are recommended. • Asked for wider buffers to protect fish and wildlife habitat. This subject was discussed with the City's biologist and the changes being requested will not impact the No Net Loss report and the suggestions arc not necessary. No change was recommended. • Priority habitats, requested to change the language regarding the reporting and when to request a habitat management plan. Staff said that these issues arc covered in the regulations and no change is recommended. • Requested to change the regulation language for geological hazards. This comment has already been addressed. Staff stated the next step would be to return with the updated SMP along with the changes suggested: regarding investigating joint dock options and Avista's requests for change to the wetland regulations to incorporate their maintenance activities. At the next meeting there will be time to discuss the proposed changes and then approve the Planning Commission findings. GOOD OF THE ORDER: The Commissioners thanks Mr. Kisielius for his assistance throughout this process. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. Joe Stoy, Chairperson Date signed Deanna I Iorton, Secretary 10-09-14 Planning Commission Minulc.s Page 4 uf4 Minutes Spokane Valley Planning Commission Council Chambers— City Hall, October 23, 2014 Chair Stoy called the meeting to order at 6:05 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms. Horton took roll and the following members and staff were present: Kevin Anderson Christina Carlsen Robert McCaslin, Absent - Excused Mike Phillips Steven Neill Joc Stoy Sam Wood Lori Barlow, Senior Planner Erik Larnb, Deputy City Attorney Deanna Horton, Secretary Hearing no objection, the Chair excused Commissioner McCaslin. Commissioner Carlson moved to approve the October 23, 2014 agenda as presented. Motion passed six to zero. Commissioner Carlsen moved to approve the October 9, 2014 minutes as presented. Commissioner Neill excused himself from the vote as he had not reviewed the minutes. Commissioner Wood objected to page 4, paragraph 2 of the minutes which says: The Commissioners decided to remove the words 'new' and 'of two or more dwellings' from 21.50.430(B)(9). They also agreed to add to the regulations which would require applicants to explore the options of a joint use dock. Commissioner Wood said while he agreed to removing the words 'new' and `of two or more dwellings' from 21.50.430(B)(9) from the draft regulations, he never agreed to adding the language about the docks. He would like the minutes to reflect the fact that he never agreed to add the language. Ms. Horton stated she would go back and review the recording and change the minutes if required. The vote on the minutes was zero to six, the motion fails and a revised draft will he brought back to the Nov. 13`r' meeting. COMMISSION REPORTS: Commissioner Wood said he attended the Planning Short Course on Wed. Oct 15 sponsored by the Washington Chapter of the American of Planning Association. The other Commissioners had no report. ADMINISTRATIVE, REPORT: There was no administrative report. PUBLIC COMMENT: There was no public comment. COM M ISSION BUSINESS: Continued deliberations on the Public Hearing Draft of the Shoreline Master Program (SMP) Senior Planner Lori Barlow began explaining tonight would be a review of two proposed language changes to the Shoreline Master Program draft regulations. Following this review staff will take a break to prepare findings for the Planning Commission's review and approval in order to send the Planning Commission Recommended Draft of the SMP forward to the City Council. The first change is language requested by Avista to cover their maintenance activities in critical areas, The Commissioners did not have any issues adding this language since it clarified the intent in the regulations. The other proposed change is based on a recommendation from the Draft Cumulative Impacts Analysis (CIA). The CIA suggests if the City is going to allow docks in the river between Millwood and the Centennial Trail Pedestrian Bridge, to limit the number of docks should be limited to limit the cumulative impacts and address the state statute which requires development of two or more I0 -23-I4 Planning Commission Minutes Page 1 of 5 dwellings, then the dock be a joint use or community dock, then the City should line out a process to encourage the possibility of a joint dock. From the recommendation of the Cumulative Impacts Analysis, Page 21 Public comments and prior lawsuits have alleged that allowing for multiple clocks between the Centennial Trail Bridge and the City of Millwood have the potential to cumulatively affect native redband trout and their habitat. While the current regulations still allow docks in the SR -W SED, the potential is low for there to be numerous docks that would cumulatively degrade net shoreline ecological functions. The potential for such cumulative impacts is limited by the additional approval criteria, These additional criteria require that Applicants wishing to construct docks demonstrate site suitability, prepare a Habitat Management Plan, and provide an engineering analysis report that evaluates the stability of the structure with regard to the river conditions. Additionally, specific to piers and docks, the site suitability report required for all shoreline modifications must demonstrate that the river conditions in the proposed location of the dock, including depth and flow conditions, will accommodate the proposed dock and its use; and that any design to address river conditions will not interfere with or adversely affect navigability. The Habitat Management Plan for any such docks must demonstrate that the proposed dock will not result in a net loss of ecological functions. Approval criteria added to specifically limit the potential for multiple docks is found in SVMC 21.50.430(B)(9). This regulation requires that new residential development of two or more dwellings within the shoreline jurisdiction located east of the City of Millwood and west of the Centennial Trail Pedestrian Bridge must provide joint use or community dock facilities, when feasible, rather than allowing individual docks for each residence. What would enhance the intent of this 'joint use" requirement is a means to ensure that Applicants consider this joint use of docks as part of their application process. It is recommended that the regulations be slightly amended under SVMC 21.50.430 (8)(9) to include a provision that Applicants document their efforts coordinate with neighbors regarding joint use, and have neighbors sign their applications to indicate interest in docks. If neighbors are interested then the City can require the Applicant to demonstrate joint or community use. If uninterested, the City will have a clear record to limit future applications (and associated cumulative impacts). While it is unclear That an Applicant could demonstrate site suitability for even one dock, this additional approval step would further "prevent the inherent harm in an uncoordinated and piecemeal development" (RCW 90.58.020) of the shoreline in SR -3. Staff proposed the following change: 21.50.430(B)(8). Piers and docks proposed on the Spokane River and located east of the City of Millwood shall comply with SVMC 21.50.410(13)(4) and the following additional criteria: a. The site suitability analysis shall demonstrate that: i. The river conditions in the proposed location of the dock, including depth and flow conditions, will accommodate the proposed dock and its use; and ii. Any design to address river conditions will not interfere with or adversely affect navigability. b. The habitat Management Plan for any such docks shall demonstrate that the proposed dock will not result in a net Ioss of ecological functions, and. 10-23-14 Planning Commission Minutes Page 2 of S shall include an analysis of the cumulative impact of additional requests for like actions in the area. 9. A new pier or dock accessory to New residential development of two or more dwellings-within the shoreline located cast of the City of Millwood, and west of the Centennial "frail Pedestrian Bridge, shall provide joint use or community dock facilities, when feasible, rather than allowing individual docks for each residence. Application materials shall include documentation of the applicant's efforts to explore feasibility of and interest in a joint use dock with owners of any residential lots immediately adjacent to the attttlicant's sacs stair documentation may include copies of certified letters sent to owners of the immediately adjacent properties listed on title. Any proposal for.a joint use dock shall include in the application materials a lcr'ally enforceable joint use agreement__ or outer legal instrument, notice of which. must be recorded against title ofthe properties sharing the dock prior to dock construction. The joint use agreement shall. at a minimum. address the following: a. Apportionment of construction and maintenance expenses b. Easements and liability agreements, and c. Use restrictions Commissioner Stoy asked if an application had been developed for this process. Ms. Barlow responded the City had not developed one, but staff would most likely use a .loint Aquatic Resource Permit Application (JARPA). This application covers many different agencies which have jurisdiction in the water and shoreline. Once the SMP is adopted, then all necessary applications would be updated to reflect the most current regulations. Commissioner Wood asked if there would be a timeline included in order to keep the applicant's project froin being stalled because he did not get a response back from his neighbors. Mr. Wood expressed concern that the neighbors would not respond to the certified letter. Ms. Barlow said the proposed language is not asking for a response. Commissioner Wood wondered if this was an exercise in futility or did the City want this to be a part of the regulations. Ms. Barlow responded the CIA said without attempting to try to limit the number of docks which could happen in that area then the City could not show there would be no cumulative impacts from a number of docks. The City has decided to approach it, by placing the burden on the property owner to attempt to reach out to the neighbors. The City does not believe this area is conducive to having docks, but not allowing them was not an option the Planning Commission was in favor of. The proposed language only asks for evidence of the efforts to explore the feasibility. Commissioner Anderson said he felt that (B)(8)(b) was a tremendous burden on someone, if they wanted a dock. However the alternative was to not allow them at all. At least if you have proof the effort was made, then it was good enough. Commissioner Neill said what he liked about the proposed language was it was vague enough if a neighbor happened to say they wanted to have a joint dock, hut did not carry through, then the applicant is not stuck waiting for them to finish their project. Commissioner Carlson said she liked the language because we wanted the option of docks. Having a dock requires some responsibility on the part of the land owner. She did not feel it was asking too much to require a copy of a letter which was sent to the neighbors asking if they wanted to partici pate. Commissioner Wood said he was against adding one more requirement to an extensive amount of requirements a person had to do to get a dock in the first place. Now we want to add on another 10-23-14 Planning Commission Minutes Page 3 of5 requirement of having ask the neighbors if they wanted to participate in a dock and then have to have the instrument recorded against the property was too much. He said those lots were established 50 yrs. ago and the developer bought them with the thought to add as an amenity and the restrictions we are placing on there already seems extensive. Now the neighbor would walk across "my' land to use the dock. This seemed overly restrictive to hint. He said he understood what staff was trying to do to appease the EPA and everybody else, and he felt that the other regulations were enough to get the dock in the first place. But to add the caveat to have to ask your neighbors, which you might or might not get along with, if they want to share the dock, Then down the line, the neighbor changes and then you are stuck. Ile said he did not like this aspect. He said he was against this change but he understands why the change was being proposed. Commissioner Neill stated he understood Commissioner Woods' opinion and he agreed, but the Department of Ecology (DOE) had a very big hammer. Mr. Neill said a few was better than none. Commissioner Phillips said he did riot like the requirement for a joint dock but he commended staff for the wording which is proposed. He said even though he is opposed to the requirement, he will support the proposed language. Commissioner Carlsen said the proposed language is not a requirement for a joint dock, it was only a requirement to send a letter exploring the feasibility of the neighbors wanting to participate in a joint dock. Shc said, we know the arca is not conducive to docks, we know not everyone will want a dock in this area. The neighborhood is fairly well undeveloped right now, and there are few neighbors in the area. She did not feel in the end this would be a burden on the property owners. Commissioner Anderson said there is a requirement in the RCW for joint use docks. If it was not in the state law, then there would be no need for us to address it. He said that what we have here is as good as it was going to get. Mr. Anderson said there are many stipulations on a dock and this has been mitigated as well as we are going to be able to, if you don't want to share. Commissioner Stoy said he likes the way this has been written. There is the notification to the neighbors, but the applicant is not held up if for whatever reason the neighbor does not want to or cannot participate in a joint dock. Cominissioner Stoy asked if there were any comments on the SMP as a complete document. Ms. Barlow said other than the 2 proposed changes, nothing in the SMP has changed. There was discussion as to how to approve the document, and Commissioner Wood requested to have a separate motion for the change to 21.50.430(B)(8) and (9). He offered if the document was approved as a whole, he would not be able to voice his objection regarding the language about the docks. Commissioner Carlsen moved to approve the language as presented 21.50.430 (B)(8)(b) and (9) regarding piers and docks. The vote on the motion was five in favor, one against. Commissioner Wood dissenting. Motion passes. Commissioner Carlsen moved to approve the language as presented in 21.50.480(C)(4)(a) and (b). Avista maintenance in critical areas. The vote on the motion was six to zero. Motion passes. Commissioner Carlsen moved to recommend approval of the Planning Commission Draft of the Shoreline Master Program to the City Council. The vote on this motion was six to zero. Motion passes. The Commission took a break for staff to prepare the Finding of Facts for the Planning Commission. Upon return the Commission reviewed the findings of fact for the Planning Commission Recommend Draft Shoreline Master Program. Commissioner Carlsen noted that finding #19 staled that the change 10-23-14 Planning Commission Minutes Pagc 4 of 5 proposed in this finding said as recommended and it should say as presented. Ms. Barlow said she would make that correction before forwarding it to the City Council. Commissioner Carlson moved to approve the Planning Commission findings for the draft Shoreline Master Program. The vote on the motion was six to zero. The motion passes. GOOD OF THE ORDER: Commissioner Neil] said he would like to commend staff (past and present) for all of the work on the Shoreline Master Program. Ile said he felt this was the best document, given the limitations and legislature we could have produced. He said he joined the Commission in order to he involved in this. He is proud for the time he has put in on this and it will be done when he leaves. Commissioner Stoy said he would also like to thank staff for all the work they have done on the SMP. Ile appreciates all of the outside help which has conte in to assist. Commissioner Carlsen said with her school schedule it would be difficult for her to attend meetings and at this time she would be tendering her resignation from the Commission effective the end of the year. ADJOURNMENT: There being no other business, the meeting was adjourned at 7:19 p.m. Joc Stoy, Chairperson Date signed Deanna Horton, Secretary 10-23-14 Planning Commission Minutes Page 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 4, 2014 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing information ® admin. report pending legislation executive session AGENDA ITEM TITLE: Governance Manual Review PREVIOUS COUNCIL ACTION TAKEN: At the August 12, 2014 Council meeting, it was suggested that the Governance Manual Committee meet to consider adding language about the process to follow should Council want to change taxes. Those comments prompted a meeting of the Governance Manual committee to review the manual. The Governance Manual Committee, consisting of Councilmembers Bill Bates and Ed Pace, City Manager Mike Jackson, City Attorney Cary Driskell, Deputy City Attorney Erik Lamb, and City Clerk Bainbridge met to discuss several areas in the manual for possible revision, and minor editorial or clarification changes. Those changes are included in red -line format in the attached draft, and include: Page 1: minor changes to time and location of Council meetings Page 2-4: minor changes to the formal format (includes adding a set agenda item for Proclamation) Page 5: to clarify that a second motion is not necessary when moving to adjourn into Executive Session Page 5: study session format: to state that action items should not be included Page 8: Special Meeting: clarify amending a special meeting agenda as per State Statute Page 9: new section: Placing Items on an Agenda; and new section: Tax Rate Changes Page 12: Minor edits on voting There were no suggested changes for the remainder the Manual. OPTIONS At a future council meeting, proceed with a resolution amending the current Governance Manual, with or without further changes. RECOMMENDED ACTION OR MOTION: Council discretion. BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: City Clerk Chris Bainbridge ATTACHMENTS Governance Manual Redline Version, through Chapter 1 A. General 1. Council Meetin2s - Time and Location Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. Pursuant to RCW 42.30.070, Open Public Meetings Act, "if at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day." Council also has the option of cancelling meetings as necessary. 2. Council Meetin2s - Open to the Public All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.30.110' (Executive Sessions), or RCW 42.30.140 2 (Open Public Meetings Act). Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, or City meetings hosted by various City Departments, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.0353]. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time to time in these Rules of Procedure. Page 1 of 13 B. Types of Meetings 1. Regular Meeting Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a "regular meeting." a. Formal Format 1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. Agendas may be amended as required, and expeditiously distributed to Council and appropriate staff. 2. Requests from outside entities or individuals for presentations to be scheduled on any Council agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre -approved by the City Manager or designee who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 3. Forms of Address. Everyone in attendance at a formal format meeting, including all members of Council, are to address tThe Mayor shall be addressed as "Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Everyone in attendance at a formal format meeting, including Members of the Council as they address each other, shall be addressed as "Councilmember (surname)," unless waived by the Presiding Officer. 4. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Call to Order by the Presiding Officer. b. Invocation. c. Pledge of Allegiance. d. Roll Call. (See Chapter 1, C3 [page 13] for procedure to excuse an absence) e. Approval of Agenda. In case of an emergency or an extremely time -sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by the Presiding Officer, by a concurrence of at least three Councilmembers, or by the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council will then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed whenever possible.) f. Introduction of Special Guests and Presentations. Page 2 of 13 g. Councilmember Reports. Council or government -related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are intended to be brief, city work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force or commission, whether as a formal member or as a liaison. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. (See Appendix C for -chart concerning Council comments and reports) h. -Mayor's Report. i. Proclamation. j. Public Comments. 1. An opportunity for -public comments on subjects not on the agenda for action (as well as comments connected with action items) are limited to three minutes each unless modified by the Presiding Officer. Although the City Council desires to allow the opportunity for public comment, the business of the City must proceed in an orderly, timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. a. Subjects Not on the Current Agenda. Although it is not necessary for members of the public to sign in to speak, tThe Presiding Officer may invoke a sign -in procedure for speakers. —Any member of the public may request time to address the Council. Speakers shall state their name and city of residence, and the subject of their comments, and spell their last name for the record. The Presiding Officer may allow the verbal comments subject to such time limitations as the Presiding Officer deems necessary. Following such verbal comments, the Presiding Officer may place the matter on a future agenda, or refer the matter to administration for investigation and/or report. b. Subjects on the Current Agenda. Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium - at the time when comments from the public are invited -during the agenda item discussion. —The Council may hear such comments before or after initial Council discussion. -The Presiding Officer may also invoke a sign -in procedure. If necessary the Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. c. Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff will research issues and report back to those making the comment as well as to Council. Verbal public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. Since this is an opportunity for verbal public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials will not be allowed, although written comments and written materials including photographs and petitions, may be submitted to Council via the City Clerk. d. There will be no dDemonstrations, applause or other audience participation before, during or at the conclusion of anyone's presentation is prohibited. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. e. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of Councilmembers present. Page 3 of 13 f. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. (See Chapter 4 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See Chapter 2, E Ballot Measures for further direction concerning ballot measures.) 2 Written Public Comments. Citizens have the option of submitting written views, opinions, comments, data and arguments to -Council on any topic and at any time, not just prior to or during public Council meetings. —Unless the citizen reads their own prepared written comments, such comments will not be read aloud during regular or special Council meetings although they will be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk will be distributed to Council by placing copies at each Councilmember's workstation or City desk; or in the case of e-mailed or other electronic comments, will be forwarded to Council via e-mail. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. (See #6 above and Chapter 2, Ballot Measures; see also Public Hearings section regarding public comments.) Councilmembers will avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. (See also C8 Internet Use) Public Hearings. (See Chapter 4 for procedural details) lk. Consent Agenda. 1. Items which may be placed on the Consent Agenda are those which: (1) have been previously discussed by the Council; (2) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. 2. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Therefore, prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, including addressing the issue immediately after passage of the remaining items on the Consent Agenda. m1. Unfinished Business [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting.] nor. New Business. [Action items are designated as New Business] oma. Public Comments. [Same as "i" above] (Three-minute time limit each) per. Administrative Reports. Reports or tracking of an administrative issue or topic. IN, Information Only Items. These items will generally not be discussed or reported. rft. City Manager Comments. sf. Executive Session (as required). (See Chapter 1, section Blc below) Page 4 of 13 tt. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular formal Council meeting, unless the Council by a majority vote of members present determines otherwise. b. Study Session Format 1. Normally held 1st, 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items should not be included on a study session agenda, but there may be times when, due to deadlines or other pertinent issues, action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there will be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. For each item, the agenda shall contain the discussion subject, the discussion leader, the activity and the discussion goal. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press, on or before 4:30 p.m., one day before the meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. During a Council meeting, the Presiding Officer may rearrange items on the agenda to conduct Council business more expeditiously without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Voting. 1. Action Items on the Agenda. Although action items may occasionally be included on a study session agenda, it is the practice of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take final action during these meetings. 2. Non -action Items on the Agenda. Because study sessions are usually understood by the public and media as referring to meetings at which Council will only consider and discuss items and not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a "surprise" motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. 2. Discussion Leader's Role. During the Council study session, the discussion leader should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. Page 5 of 13 3. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 4. Requests from outside entities or individuals for presentations to be scheduled on any Council agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre -approved by the City Manager or designee who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 5. Council Comments. The purpose of this agenda item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification, or to address other upcoming concerns. (See Appendix C for chart concerning Council comments and reports.) Pre -scheduled materials Council wishes to share as part of the Council packet, could also be included on study session agendas under "Council Comments." [See also page 19] 6. City Manager Comments. The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on an activity or issue which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting. 7. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. 8. Roll Call. The City Clerk shall conduct a roll call of Councilmembers. (See Chapter 1, C3 for procedure to excuse an absence) c. Executive Sessions 1. If Council holds an executive session, it will be held in accordance with the Open Public Meetings Act, RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a motion from Council to: publicly announce the purpose for adjourning into executive session; the approximate length of time for the executive session; and the likelihood of Council taking action at the close of the executive session and return to open session. a. At the close of the executive session and upon Council's return to chambers, the Presiding Officer will declare Council out of executive session, and will ask for the appropriate motion (i.e. an action motion or a motion to adjourn). b. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered Page 6 of 13 exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.524) and/or the Public Records Act (RCW 42.565). 2. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: a. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition); b. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public; [note that stating that an executive session is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) c. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official) d. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel_representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. 3. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.1606 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. [per MRSC Index -General Government -Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. 4. Attendance at Executive Sessions. The City Attorney will be present at executive sessions and is required to attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council t is determined by the City Manager. Page 7 of 13 2. Special Meetings Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City Council Chambers shall be deemed "special meetings," such as joint meetings with other jurisdictions or entities (Board of County Commissioners, Planning Commissioners), and Council workshops or retreats. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.1707, 35A.12.1108). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted and shall be posted on the City's website and displayed at the main entrance of the meeting location (RCW 42.30.080). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.1109). The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.08010, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. Agenda Items: Voting: 1. Action Items on the Agenda. Action items may be included on an agenda for a special meeting, and could even be the reason the special meeting is called. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. As with other types of meetings, Council adheres to the Open Public Meetings Act, therefore it would be permissible for Council to take final action during these meetings. Once the Special Meeting Agenda has been published and distributed,the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the City's website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall only be taken on those noted action items, and shall not be taken on any other matter at that special meeting (RCW 42.30.080(3))Action items could be added during the meeting and the agenda amended accordingly, but would not give the public, staff, and press adequate time to realize public comment would be permitted. 2. Non -action Items on the Agenda. Special meetings arc generally more. in the form of a workshop_-ef retreat, or with other jurisdictions, will only include non -action items and as noted above, no final disposition will be taken during these meetings. , and arc usually understood by the public and media as times when no action will be taken. Therefore, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a "surprise" motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda docs not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. 3. Pre -Agenda Meetings: The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to go over the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting Page 8 of 13 also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. 4. Placing Items on an Agenda: a. Routine Council Business: Through the normal course of business, Council may move items forward to a future agenda by consensus. b. New Item Council Business: At the appropriate time during a Council meeting (such as Council Comments, or Advance Agenda), Councilmembers may request to have items placed on a future agenda. Each request shall be treated separately. The City Manager is most familiar with staff's workload and will determine when the item can be prepared and brought forward to Council. The following process shall be used to propose an item on a future council meeting: i. A Councilmember proposes an item and give brief explanatory background of the issue and its importance to the City; ii. Councilmembers may ask clarifying questions but should not engage in debate; iii. The item will be considered at the next meeting of the Agenda Committee taking into account legal or other appropriate scheduling issues as determined by the City Attorney or City Manager. a. The Committee may place the item on a future agenda or as a pending item or b. The Committee may determine not to place the item on a future agenda or as a pending item and will notify the proposing Councilmember who has the option of bringing the issue up again during the advance agenda portion of a meeting for further discussion. At that time, a consensus of three or more Councilmembers will move the item forward to a future agenda or as a pending item, taking into account legal or other appropriate scheduling issues as determined by the City Attorney or City Manager. c. Staff: except for routine items such as those found on most Consent Agendas, requests for items to come before Counci shall be routed through the City Manager or come directly from the City Manager as part of the normal course of business. 5. Tax Rate Changes The Council believes strongly in fiscal restraint, and that increasing or decreasing the tax burden on its property owners and citizens is one of the most important actions a Council can take. In addition to complying with all applicable statutory requirements, changing tax rates should only be done as follows: a. As requested by the City Council, the City Manager, in consultation with the Finance Director, shall prepare and place on file with the City Clerk a proposed tax increase or decrease. b. Within 14 days following the filing of the proposed tax increase or decrease with the City Clerk, the City Clerk shall publish a notice once each week for two consecutive weeks in the official newspaper of the City, stating that a tax increase or decrease has been proposed, that a copy thereof shall be furnished to any taxpayer of the City who requests it from the City Clerk's office, and that the City Council will conduct a public hearing prior to a first reading on such proposed tax increase or decrease. c. The notice shall designate the date, time and place of the public hearing, and that any taxpayer may appear and provide verbal or written comment for or against the proposed tax increase or decrease.— d. The proposal then proceeds as a normal Council agenda item. Page 9 of 13 C. Meeting Rules and Procedures 1. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings, and will keep a copy of the most current "Robert's Rules of Order" (RONR) in Council Chambers during Council meetings. 2. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior Council Chamber doors per RCW 42.30.09011. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.17012, 35A.12.12013) 3. Attendance, Excused Absences RCW 35A.12.060 14provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Mayor, City Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call, the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 4. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to cease such disruption, or may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark and may ask the person making the disturbance to cease or leave the room. Continued disruptions may result in a recess or adjournment as set forth in #8 below. 5. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 6. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of Councilmembers will be physically present for the Council meeting in question, and provided technical Page 10 of 13 availability and compatibility of electronic equipment enables the conferencing Councilmember(s) to hear the proceedings, be heard by those present, and participate in Council discussion. a. Requests to use telephone/video conference participation shall be approved by the Council by motion. Such participating Councilmember(s) should be present and counted. So as not to disrupt the Council meeting, adequate notice must be given to allow appropriate setup in time for the beginning of the meeting. b. Telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings, and the requesting Councilmember(s) shall declare that (s)he has reviewed the associated material (if any) provided for those hearings and/or proceedings prior to the time the vote will be taken by Council. 8. Internet Use Use of the City's network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. a. As noted on page 8, Councilmembers will avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers will avoid doing any browsing of the Internet of non -City business during Council meetings in order that Council's full attention can be given to the topic at hand. b. Information technology resources are provided for the purpose of conducting official City business. The use of any of the City's information technology resources for campaign or political use, unless such use has been determined not a violation of RCW 42.17A.555 by the City Attorney, Washington State Attorney General, or Washington Public Disclosure Commission, or as otherwise authorized by law, is absolutely prohibited. c. Confidential material shall not be sent via e-mail. d. All letters, memoranda, and interactive computer communication (e-mail) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters, memoranda and interactive computer communication shall not be provided to the public or news media without filing of a public disclosure request with the City Clerk e. E-mail communications that are intended to be distributed among all Councilmembers, whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an e-mail is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 9. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 10. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 11. Approaching the Dais Once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed, and stepping behind any part of the dais, including those parts occupied by staff is also not Page 11 of 13 permitted. This includes, but is not limited to, video recording, still photography, tape recording, and distributing written handouts. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 12. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 13. Photographs, Motion Pictures or Video Tape Requiring Artificial Illumination — Prior Permission Required No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 14. Voting The votes during all meetings of the Council shall be transacted as follows: a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice. At the request of any Councilmember or the City Clerk, a roll call vote shall be taken by the City Clerk. The City Clerk may also request a roll call vote. The order of the roll call vote shall be determined by the City Clerk. b. In case of a tie vote on any proposal, the motion shall be considered lost. c. Every member who was present when the question was calledput, shall give his/her vote. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember has abstained or recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. d. The passage of any ordinance, grant, or revocation of franchise or license, and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council' Except as provided in "e" below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030); and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19016). The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or a Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who arc present and eligible to voto. 1 RCW 42.30.110 — Open Public Meeting Act, Executive Sessions 2 RCW 42.30.140- Open Public Meeting Act, 3 RCW 35A.13.035- Optional Municipal Code (35A) — Council-manager plan of government 1 RCW 35A.12.120 Council -Quorum -Rules -Voting Page 12 of 13 4 RCW 42.52 — Ethics in Public Service 5 RCW 42.56 — Public Records Act 6 RCW 35A.12.160 Optional Municipal Code (35A) — Council manager plan of government; public notice of hearings and meeting agendas RCW 35A.13.170 — Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum, rules - voting 8 RCW 35A.12.110 — Council meetings, shall meet regularly, at least once a month. 9 RCW 35A.12.110 — ibid. 1° RCW 42.30.080 - Open Public Meetings Act, Special Meetings, procedures for calling Special Meetings 11 RCW 42.30.090 — Open Public Meetings Act, Adjournments 12 RCW 35A.13.170 - Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum, rules - voting 13 35A.12.120 — Council meetings, shall meet regularly, at least once a month 14 RCW 35A.12.060 — A council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. RCW 35A.13.030 Mayor election chair to be mayor duties: Biennially at the first meeting of the new council members shall choose a chair from among their number; the chair shall have the title of mayor and preside at meetings.. 16 RCW 35A.13.190 — Ordinances, emergencies, may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency; but such ordinance may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money. Page 13 of 13 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of October 30, 2014; 8:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings November 11, 2014 — no meeting — Veteran's Day Monday, November 17, 2014; 2:30 p.m. SPECIAL MEETING: Overview of the Legislative Comprehensive Plan Update Process — Lori Barlow, Tadas Kisielius Monday, November 17, 2014; 6 p.m. SPECIAL MEETING: [due Mon, Nov 10] 1. PUBLIC HEARING: Shoreline Master Plan — Lori Barlow (20 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. Second Reading Proposed Ordinance #14-014 for 2014 Budget Amendment — Mark Calhoun (10 minutes) 4. Second Reading Proposed Ordinance #14-015 for 2015 Budget Ordinance — Mark Calhoun (10 minutes) 5. Second Reading Proposed Ordinance #14-016 Code Amendment, Appendix A Definitions — C.Janssen (10 mins) 6. Second Reading Proposed Ordinance #14-017 Code Amendment, Title 19 — Christina Janssen (10 minutes) 7. Second Reading Proposed Ordinance #14-018 Code Amendment, Title 22 - Christina Janssen (10 minutes) 8. Second Reading Proposed Ordinance #14-019 Code Amendment, Mfg'd Homes — Marty Palaniuk (10 min) 9. First Reading Proposed Ordinance #14-020 Adopting Shoreline Master Plan — Lori Barlow 10. Admin Report: Countywide Hazard Mitigation Plan- Doug Powell, Luis Garcia 11. Admin Report: Lodging Tax Advisory Committee Recommendations — Mark Calhoun 12. Admin Report: Stormwater Drainage Easement Modification — John Hohman 13. Advance Agenda [*estimated meeting: November 18, 2014 — no meeting (Councilmembers attend NLC Conference) November 25, 2014 — no meeting — Thanksgiving week December 2, 2014, Study Session Format, 6:00 p.m. ACTION ITEM: 1. Resolution Modifying Drainage Easement — John Hohman NON -ACTION ITEM: 2. Beekeeping — Micki Harnois 3. Street Vacation Process — Karen Kendall 4. University Road Overpass Study — Eric Guth, Sean Messner 5. Advance Agenda 6. Info Only: Dept. Reports (normally due with the Nov 25 meeting) Draft Advance Agenda 10/30/2014 10:24:49 AM (30 minutes) (20 minutes) (15 minutes) (15 minutes) (5 minutes) 170 minutes] [due Mon, Nov 24] (10 minutes) (20 minutes) (30 minutes) (20 minutes) (5 minutes) [*estimated meeting: 85 minutes] Page 1 of 2 December 9, 2014, Formal Meeting Format, 6:00 p.m. Presentation: Dr. Harken, Spokane Arts Council Sculpture 1. Consent Agenda (claims, payroll, minutes) [due Mon, Dec 1] (5 minutes) 2. Second Reading Proposed Ordinance #14-020 Adopting Shoreline Master Plan — Lori Barlow (20 minutes) 3. Motion Consideration: Countywide Hazard Mitigation Plan- Doug Powell, Luis Garcia (15 minutes) 4. Motion Consideration: Mayoral Appointment to Spokane Housing Authority -Mayor Grafos (10 minutes) 5. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 55 minutes] December 16, 2014, Study Session Format, 6:00 p.m. ACTION ITEMS: 1. Motion Consideration: Lodging Tax Allocations for 2015 NON -ACTION ITEMS: 2. Sullivan Road Corridor Study — Eric Guth, Sean Messner 3. Economic Incentives — Erik Lamb, Mike Basinger 4. Marijuana Laws: Consumption/Possession by Minors— Cary Driskell/Erik Lamb 5. Advance Agenda December 23, 2014 no meeting December 30, 2014, Study Session Format, 6:00 p.m. ACTION ITEMS: 1. Mayoral Appointments: Planning Commission NON -ACTION ITEMS: 2. Advance Agenda 3. Info Only: Department Monthly Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Avista Electrical Franchise Bid Process, Explanation of Public Works Coal/Oil Train Environmental Impact Statement Historic Preservation Lodging Tax Advisory Cmte Appts — Jan Mayoral Appts Councilmbrs to Committees — Jan Public Safety Quarterly Costs SEPA/NEPA Process — Eric Guth Draft Advance Agenda 10/30/2014 10:24:49 AM [due Mon, Dec 8] (20 minutes) (20 minutes) (20 minutes) (25 minutes) (5 minutes) [*estimated meeting: 90 minutes] [due Mon, Dec 22] (10 minutes) (5 minutes) [*estimated meeting: minutes] Setback Requirements Sidewalks and Developments Spokane Regional Transportation Mgmt Ctr Street Sweeping Bike Lanes Tree City USA Page 2 of 2 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action November 4, 2014 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Information only — Implementing final option year - contract with Public Safety Corporation/Cry Wolf — alarm registrations GOVERNING LEGISLATION: SVMC 7.20 PREVIOUS COUNCIL ACTION TAKEN: Authorized staff to execute a contract in October, 2009. BACKGROUND: In 2009, the City executed a three year contract, with up to three additional one year options, with Public Safety Corporation/Cry Wolf (PSC) whereby PSC would provide alarm registration and false alarm notification services in the City. The City sought a contract at the request of the Police Department because they reported they were losing a significant amount of officer time in responding to false alarms and because in many instances they did not have accurate contact information for the property owners using the alarms. A primary goal in contracting for this service was to decrease the rate of false alarms, and to decrease the amount of time officers were spending at false alarms, thus allowing officers to focus on productive police work. The contract anticipates that the parties will decide whether to implement possible option years before the end of the year. Staff recently met internally to determine whether the final option year should be implemented. We concluded that in the five years the contract has been in place, the overall number of false alarms has remained close to the same, however the number of registered alarm accounts has increased significantly. As such, the rate of false alarms as compared to the number of users has gone down from 2011, from 365 false alarms per thousand accounts to 275 per thousand in 2013. A significant additional benefit of the program is that the Police Department now has accurate contact information on those alarm users. This is important because when there is a false alarm, the police can quickly contact the building owner or tenant to verify whether it is a false alarm. This allows the police officers to quickly dispose of the call and return to other duties. Given these facts, staff will implement the final option year for 2015. In April, 2015, staff will begin work on putting the contract out for public bid again. PSC and any other qualified provider will then have an opportunity to make a proposal to the City for a future contract. OPTIONS: Not applicable. RECOMMENDED ACTION OR MOTION: Not applicable, information only. BUDGET/FINANCIAL IMPACTS: Not applicable STAFF CONTACT: Cary Driskell, City Attorney; Matt Lyons, Precinct Commander ATTACHMENTS: None PARKS AND RECREATION Spode Mike. THIRD QUARTER REPORT JULY—SEPTEMBER 2014 ADMINISTRATION AND PARKS: • Summer is typically the busiest season with the parks themselves, from working closely and troubleshooting witn Senske and their maintenance crews, to managing shelter and ball field reservations, to handling questions and issues with the public. We made around 300 shelter reservations alone_ • Contracts in the third quarter included: o Professional Services for consulting and designing improvements for Discovery Playground. 0 Professional Services to replace the Edgecliff Park Shelter, including construction documents, electrical design, and bidding and construction administration. 0 Construction Agreement to complete the Edgecliff Park Restroom Sanitary Sewer Project, which included abandonment of the existing septic tank and the connection of existing restrooms to public sewer. Construction Agreement to complete the Precinct BAC Wall and Door Project to construct a new Wali and install a door to facilitate the separation of two work areas, 4 Construction Agreement to replace some carpet tile and rubber base in the CenterPlace Administration offices. License Agreement with the Radio Control Car Club of Spokane (RCCCS) for the public's general use and enjoyment of the track and facilities located in a portion of Sullivan Park. a Professional Services for developing construction plans and specifications for painting projects of the Police Precinct locker room flooring and some exterior areas, • The much loved and used Discovery Playground underwent sorne exciting renovations this summer. An underutilized area was reconfigured and play equipment was added, including the ever popular "We -Saw" for multiple users. A trampled and eroded slope was also repaired and re -landscaped. • Staff continued working with Eagle Scouts and a local school group on service projects for this year. They include a basketball court for Browns Park, a cleanup along the Appleway and Centennial Trails, and some more minor improvements to Discovery Playground. • We advertised for bids for the Browns Park Volleyball Courts Phase I Project to install two sand volleyball courts and equipment. The three bids we received were over budget, so this project will go out to bid again in the spring. • Staff was involved with the Appleway Trail Groundbreaking Cerern ony. • Staff was also involved with the Sullivan Bridge Launch event. • Substantial work went into preparing the grant application for the Appleway Trail Phase 2B project to the WA State Recreation and Conservation Office (RCO). Staff presented our application in person in Olympia in August. • Each year in September, the Valleyfest community event is an important focus for our entire Parks and Recreation staff. Miirabeau Point Park certainly is well used that weekend as an excellent venue for families and visitors to enjoy its many activities. CENTERPLACE: • CenterPlace staff took 162 reservations during the third quarter of 2014. There area total of 924 events booked in 2014 which is 7% higher than taken the same period last year. The most significant changes are worship events. • Staff were on hand with a booth at the 2014 Northwest's Premier Bridal Festival in September, which was very well attended. There were 94 brides that had requested additional information regarding CenterPlace compared to only 34 at the same bridal fair in 2013. We will be emailing information and scheduling tours over the next couple of weeks. • Our Facility Coordinator, Carol Carter, is on the Valleyfest committee all year Tong and instrumental in planning, coordinating, and organizing all events taking place on CenterPlace grounds. Among other activities, "BloomFest" (formerly Baby Fest) was a part of the activities here and the event continues to grow. The Bloom Spokane organization is about growing a better birth community. in addition to all the vendor and information booths in the Great Room, classes for parents were held simultaneously in our conference rooms. • Another big event we are proud to have held here at CenterPlace once again was the Spokane Valley Art Council's 8th Annual Artist Showcase Art Auction, The goal of the Council is to strengthen the community and benefit regional arts and cultural organizations, area artists, and local businesses. The Showcase is continually working to bring art collectors and admirers together with the best regional artists, and participants do travel from all over the Pacific Northwest to attend this enjoyable event. • Carol also assisted the International Association of Venue Managers (IAVM) with the development of a Conference Center Sales Training class which was held in Seattle in September. The training was very successful. Further training opportunities are also being researched. IAVM connects a core of professionals, allied companies, and influential partners within the venue industry by their shared pursuit of exceptional venues and inspired experiences. RECREATION AND AQUATICS: • The two free Summer Outdoor Movies were both held on Friday nights this year, which proved to be popular. Over 1,200 total guests attended, which is close to 350 more than last year. We are happy to see so many enjoying these family -friendly, fun events. We also provided the kids with activities in the park before the movie start times. • There were 80 canine participants being cool in the pool at our 3rd Annual Paws in the Pool event at Valley Mission Pool. This is an increase from the 62 little woofers last year. • Jennifer Papich, our Recreation Coordinator, also spent considerable time developing and preparing the information for the application and presentation for the RCO grant for the Appleway Trail Phase 213. • The new Fall & Winter Recreation Brochure was distributed to the public. This handy guide is chocked full of fun activities and useful information about our department and what is being offered. It is designed to appeal to all ages and guaranteed to chase away the winter blues. • Summer Day Camp served 560 campers over the ten -week program, which was 54 more participants than last year, The kiddos really enjoyed the themed weeks and variety of activities. • The FREE Summer Park Program served 1,956 participants between Greenacres, Terrace View, and Valley Mission Parks over the nine -week program. Our eager staff members led the kids in games, arts and crafts, and other fun activities. • Our pool season went swimmingly welt again. Total visits of citizens enjoying "open swim" were: Terrace View (14,006); Park Road (9,670); and Valley Mission (9,378). • Staff has also been planning, coordinating, designing, and recruiting volunteers for the 6th Annual Valley 11lission Haunted PoolWarning: You never know what might be lurking behind Jennifer's office door an any given day... r \.. 610 / ktolrori MATS IIISIOE— .▪ .x w. Pr.,.1wont Firemls Aa. r...ym ..J. •Wnid a.111 1 {ur Silly. ▪ Cgilor en.Inrin rima .DAMk Cm. �r�wss��r Israris II▪ LUCU MOR(I -0c.. 3 SENIOR CENTER: • The Spokesman -Review interviewed the Scrabble group and asked how they liked the new Scrabble Dictionary that has added 5,000 new words. The "word" on the street is they are fine with it and appreciative of the publicity, so others may be joining...which would be just as nice as getting a triple word score! • Three flu clinics were offered in the Wellness Center administered by Walgreens, Rite Aid, and Albertsons Sav-on Pharmacies. They served 43 participants. • The Community Colleges of Spokane ACT 2 extended learning classes started up again in September. ACT 2 classes provide new and invigorating ways to stay informed, active and enriched for aduits who are retired or preparing for retirement. • Activities added this quarter include: • Line dancing on Tuesday evenings, and you dont even have to be a senior to get in line and dance! • 'Bridge Lessons With Brenda." No trolls allowed under this bridge. • 'Spite and Malice" card game. It's a kind of competitive solitaire game for two players trying to get rid of a certain pile of cards_ So this gives people an opportunity to he spiteful and ,malicious in a fun way. • BINGO continues to be the popular way to spend a Tuesday afternoon, with attendance growing to 325 participants in September. Want to know a littleia history of the game? It was originally called "beano" and was a country fair game where a dealer would select numbered discs from a cigar box and players would mark their cards with beans. They yelled "beano" if they won. A NY toy salesman heard someone accidentally yell "bingo," so he renamed it, *.=" and hired a math professor to increase the number' combinations and invent 6,000 different bingo cards. • Senior Center membership is open to citizens 50 years of age and older. The average age of Senior Center participants this quarter was 75 years young. Numbers TIiatCount... Juiy August September Total Attendance 2,717 2,580 2,329 New Ivlernbers 29 / qtr Billiards Room Participants 398 377 416 Pickleball Participants 410 362 492 4