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2012, 02-14 Council Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday,February 14, 2012 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Jerry Sponseller,Opportunity Baptist Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. PUBLIC HEARING:Amended 2012 Budget—Mark Calhoun 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 01/05/2012 24812-24828 $385,772.83 01/06/2012 24829-24853; 105120007; 1230110009 $2,927,320.01 01/06/2012 24854-24876 $93,065.72 01/06/2012 24877-24880 $67,414.12 01/17/2012 24882-24926 $1,243,692.11 01/19/2012 24927-24964 $22,005.04 01/20/2012 24965-24985 $131,526.12 01/20/2012 24986-25011 $37,366.61 01/26/2012 25012-25031 $43,964.68 01/27/2012 25032-25041; 8696382 $182,313.68 01/27/2012 25042-25068 $68,525.09 01/31/2012 5392-5396 $240.00 02/03/2012 25069-25112; 131120014 $1,530,037.13 02/03/2012 25113-25138 $58,536.98 02/06/2012 3826-3839; 25139-25143 $245,959.67 GRAND TOTAL $7,037,739.79 Council Agenda 02-14-12 Formal Format Meeting Page 1 of 2 b. Approval of Payroll for period ending January 15,2012: $265,312.83 c. Approval of Payroll for period ending January 31,2012: $412,672.50 d. Approval of Minutes of December 27,2011 Formal Format Council Meeting e.Approval of Minutes of January 10,2012 Formal Format Council Meeting f. Approval of Minutes of January 17,2012 Study Session Format Council Meeting g.Approval of Minutes of January 31,2012 Study Session Format Council Meeting NEW BUSINESS: 3.First Reading Proposed Ordinance 12-002 Amending 2012 Budget—Mark Calhoun [public comment] 4.First Reading Proposed Ordinance 12-003 Amending SVMC Title 2—Cary Driskell [public comment] 5.First Reading Proposed Ordinance 12-004 Amending SVMC Title 5—Cary Driskell [public comment] 6.First Reading Proposed Ordinance 12-005 Amending SVMC Title 7—Cary Driskell [public comment] 7.First Reading Proposed Ordinance 12-006 Amending SVMC Title 8—Cary Driskell [public comment] 8.First Reading Proposed Ordinance 12-007 Amending SVMC Title 19—Cary Driskell [public comment] 9.First Reading Proposed Ordinance 12-008 Amending SVMC Title 20—Cary Driskell[public comment] 10.First Reading Proposed Ordinance 12-009 Amending SVMC Appendix A—Cary Driskell [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.)When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 11. Spokane Valley's 10th Anniversary—Carolbelle Branch 12. Park Master Plan—Mike Stone 13. Gateway Signs—Mike Stone 14.Alcohol Advertising Regulations-Kelly Konkright 15. Governance Manual Discussion—Chris Bainbridge/Mike Jackson 16.Advance Agenda—Mayor Towey INFORMATION ONLY(will not be discussed or reported): 17. TIGER Discretionary Grant(Sullivan Road W.Bridge Replacement Project) 18. STA Agreement: Sidewalk and Transit Authority Projecet#0154 ADJOURNMENT General Meefini Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2nd and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats(the less formal meeting)are generally held the 1St 3rd and 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Council Agenda 02-14-12 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: X Check all that apply: El consent ❑old business 0 new business IN public hearing 0 information ❑admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Public Hearing on the Proposed 2012 Budget Amendment. GOVERNING LEGISLATION: In order for the City to amend an adopted budget State law requires the Council to approve an ordinance but that this action be preceded by a public hearing. PREVIOUS COUNCIL ACTION TAKEN: The Council last took formal action on the 2012 Budget when it was adopted on November 15, 2011. Since that time an Administrative Report was presented to the Council on January 31, 2012. BACKGROUND: • Throughout the 2012 Budget development process a number of capital projects were discussed by Council but not included in the initial budget that was ultimately adopted via Ordinance #11-017 on November 15, 2011. At the December 6, 2011 Council meeting capital projects were again discussed and at that time Council expressed interest in amending into the 2012 Budget three capital projects including the West Gateway at Thierman project estimated at $120,000; a railroad quiet zone study at Park and Vista (UP only) estimated to cost $83,000; and Sprague Swale upgrades estimated to cost $630,000. • During a January 31, 2012 Administrative Report presentation, Council reached consensus to advance just two of the previously discussed capital projects to a budget amendment including: o $120,000 for the West Gateway at Thierman Project to be financed from Fund #310 — Civic Buildings Capital Projects Fund and o $630,000 for Sprague Swale upgrades to be financed from Fund #403 -- Aquifer Protection Area Fund. • During January 31 and February 7, 2012 presentations by public works staff, Council deliberated and ultimately approved the Evergreen Road Preservation Project from 16h to 32nd at a total cost of$959,000 utilizing a variety of financing sources including: o $500,000 of Street O&M Fund#101 reserves o $111,000 of Street Capital Improvements 2011+ reserves o $275,000 from Vera Water& Power for their portion of the project o $73,000 of EECBG grants • Finally, the 2012 Budget was also initially adopted with an appropriation of $1,086,881 in Fund #311 -- Street Capital Improvements 2011+, with no specific projects in mind but with the understanding that City staff would seek Council approval prior to expending any of these monies. o Since that time Council approved expending up to $200,000 of Fund #311 money towards temporary Sullivan Street Bridget repairs, and o $111,000 towards the Evergreen Road Preservation Project -16th — 32nd that was approved at the February 7, 2012 Council meeting. 11SV-FS21UserslmcalhounlBudgets120121Amendment No 1 12012 02 14 RCA Public Hearing for 2012 budg amendmnt.docx 0 In this budget amendment we are proposing the appropriation in Fund #311 be reduced by $775,881 to just the $311,000 necessary for the bridge repairs and road preservation project. The total $311,000 will be transferred to Fund #303 — Street Capital Projects where we account for all street related capital projects. 0 Any additional commitment of Fund #311 money would therefore require a formal budget amendment to appropriate additional money. Revenue Expenditure Fund Fund Increase Increase No .. Name (Decrease) (Decrease) 101 1Street O&M 0 0 303 1Street Capital Projects 1,159,000 1,159,000 310 Civic Buildings Capital Projects 0... 120,000 311 (Street Capital Improvements 2011+ ; 0 (775,881) 403 (Aquifer Protection Area 0 630,000 1,159,000 1,133,119 1 E OPTIONS: Options are to accept the proposed amendments in whole or in-part. RECOMMENDED ACTION OR MOTION: No action is required at this time. BUDGET/FINANCIAL IMPACTS: There are adequate funds available to pay for these amendments. STAFF CONTACT: Mark Calhoun ATTACHMENTS: Fund level line-item detail of revenues and expenditures. 11S1/-FS21Userslmca lhoun\Budgets120121Amendment No 112012 02 14 RCA Public Hearing for 2012 budg amendmnt.docx 11SV-FS21Usersl mcalhounlBudgets120121Amendment No 1\amendment no 1 detail 2012 02 14 CITY OF SPOKANE VALLEY,WA 2012 Budget Budget Amendment Requests Line Item Detail 2/8/2012 Account. Account Initial Amended Description . Number , Justificatinn : , . ; Budget Amendment Budget #101-=Street;D�M:Fund .:= Expenditures Capital outlay Transfers out 101.042.133.595.64.41.05 Changed nature of transaction to a transfe 101.042.000.597.41.55.02 To#303-Evergreen Rd Pres 16th-32nd Total expenditures #303 ''Street CapitalProjects Fund Revenues Vera Power&Wate 303.303.160.367.12.01 303.303.160.339.18.11 303.303.160.397.95.08 303.303.160.397.95.14 303.303.157.397.95.14 EECBG Transfers in Transfers in Transfers in Expenditures Capital outlay Capital outlay Share of Evergreen Rd Pres 16th-32nd Grant-Evergreen Rd Pres 16th-32nd From#101-Evergreen Rd Pres 16th-32nd From#311-Evergreen Rd Pres 16th-32nd From#311-Temp Sullivan St Bridge Repa Total r`i=venues;, 303.303.157.541.50.41.11 Temp Sullivan St Bridge Repairs 303.303.160.595.30.63.00 Evergreen Rd Pres 16th-32nd Total expenditures , #310 . ;Civic:Buildings Capita[ Projects Fund:,;: Expenditures Capital outlay 310.000.000.594.76.63.00 West Gateway at Thierman 500,000 (500,000) 0 0 500,000 500,000 0 275,000 0 73,000 0 500,000 0 111,000 0 200,000 11;591000A1 275,000 73,000 500,000 111,000 200,000 0 200,000 200,000 0 959,000 959,000 1059,000 0 120,000 120,000 Total expenditures 120;000 11SV-FS21UserslmcalhounlBudgets120121Amendment No 1lamendment no 1 detail 2012 02 14 CITY OF SPOKANE VALLEY,WA 2012 Budget Budget Amendment Requests Line Item Detail 2/8/2012 A��count` c Description ; Account Number = Justification Initial Budget Amendment Amended Budget #311 ,='Street Capital1mprovenieriits 2011: Expenditures Capital outlay Transfers out Transfers out 311.311.000.594.63.63.41 Capital outlay 1,086,881 (1,086,881) 0 311.000.000.597.41.55.02 To#303-Temp Sullivan St Bridge Repair. 0 200,000 200,000 311.000.000.597.41.55.02 To#303-Evergreen Rd Pres 16th-32nd 0 111,000 111,000 Total ekpentlitures, #403 AgUifer Protection Area Expenditures Capital outlay 403.000.000.595.40.63.00 Sprague swale upgrades .(775;881);; 0 630,000 630,000 Total;expenditures 630;000 Totals;Across;all Funds' Total revenues Total expenditures 1,159,000 1,133,119 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 01/05/2012 24812-24828 $385,772.83 01/06/2012 24829-24853; 105120007; 1230110009 $2,927,320.01 01/06/2012 24854-24876 $93,065.72 01/06/2012 24877-24880 $67,414.12 01/17/2012 24882-24926 $1,243,692.11 01/19/2012 24927-24964 $22,005.04 01/20/2012 24965-24985 $131,526.12 01/20/2012 24986-25011 $37,366.61 01/26/2012 25012-25031 $43,964.68 01/27/2012 25032-25041; 8696382 $182,313.68 01/27/2012 25042-25068 $68,525.09 01/31/2012 5392-5396 $240.00 02/03/2012 25069-25112; 131120014 $1,530,037.13 02/03/2012 25113-25138 $58,536.98 02/06/2012 3826-3839; 25139-25143 $245,959.67 GRAND TOTAL $7,937,739.79 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS Voucher Lists vchlist 01/0512012 1:55:19PM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24812 1/5/2012 000400 AIA 200850524 001.032.000 2012ARCHITECT MEMBERSHIP REI 603.00 Total : 603.00 24813 1/5/2012 000277 AWC 2012 001.011.000 2012 MEMBERSHIP FEE 60,958.00 Total : 60,958.00 24814 1/5/2012 000497 BANK OF NEW YORK MELLON 111-1499954 001.090.000 2003 LT GO ADMIN FEE 302.57 Total : 302.57 24815 1/5/2012 001888 COMCAST JANUARY 2011 001.090.000 HIGH SPEED INTERNET:CITY HALT 115.95 Total : 115.95 24816 1/5/2012 002255 ENTERPRISE INFO SOLUTIONS INC. 103688 101.000.000 AH1 ANNUAL SUBSCRIPTION/1-10S- 13,680.00 Total : 13,680.00 24817 1/5/2012 000179 GFOA 0131582 001.018.014 2012 RENEWAL-CALHOUN, DUFFE 640.00 Total : 640.00 24818 1/5/2012 001728 HP FINANCIAL SERVICES CO JANUARY 2012 001.090.000 JANUARY 2012: LEASE PAYMENTS 3,794.99 Total : 3,794.99 24819 1/5/2012 000086 INLAND EMPIRE UTILITY, COORDINATIN JAN 2010 101.042.000 2012 UTILITY MEMBER DUES 1,000.00 Total : 1,000.00 24820 1/5/2012 000966 KESSLER GIS 344 402.402.000 ARCGIS 10 REGISTRATION: CLARY 895.00 Total : 895.00 24821 1/5/2012 002556 NORTHWEST WEATHERNET[NC 2011-8528 101.042.000 WEATHERNET SERVICES 325.00 Total : 325.00 24822 1/5/2012 002193 QSCEND TECHNOLOGES, INC 4773 001.018.013 WEBS1TE SUPPORT AND HOSTING 7,629.00 Total : 7,629.00 24823 1/5/2012 000211 STATE TREASURER 23201 0045551 001.032.000 ENGINEER LICENSE RENEWAL-KI 76.00 Total : 76.00 24824 1/5/2012 000014 TYLER TECHNOLOGIES, INC. 045-58352 001.090.000 2012 TYLER TECH AND SUPPORT P 40,406.37 Page: 1 vchlist 01/05/2012 1:55:19PM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24824 1/5/2012 000014 000014 TYLER TECHNOLOGIES, INC. (Continued) Total : 40,406.37 24825 1/5/2012 000098 WA CITIES INSURANCE AUTHORITY 1121 502.502.000 2012 LIABILITY/PROGRAM ASSESS 255,185.00 Total : 255,185.00 24826 1/5/2012 001134 WA STATE DEPT OF HEALTH 010460 402.402.000 2012 WATERWORKS CERT RENEVI 42.00 Total : 42.00 24827 1/5/2012 002839 WIND WIRELESS INC. 72230 101.042.000 WIRELESS TELEPHONE/INTERENT 84.95 Total : 84.95 24828 1/5/2012 000706 WSAPT TREASURER 2012 001.058.057 2012 WSAPT MEMBERSHIP: DAVIS 35.00 Total : 35.00 17 Vouchers for bank code: apbank Bank total : 385,772.83 17 Vouchers in this report Total vouchers: 385,772.83 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 2 vchlist 01/06/2012 10:19:54AM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24829 1/6/2012 001107 ADVANCEDTRAFFIC PRODUCTS 0000004940 101.042.136 CIP#0136 SIGNAL PARTS 11,079.07 Total : 11,079.07 24830 1/6/2012 000197 AIRFACTZ 58823 001.018.016 BACKGROUND CHECKS: HR 20.00 Total: 20.00 24831 1/6/2012 001012 ASSOC BUSINESS SYSTEMS 530011 001.013.015 COPIER COSTS: LEGAL 78.24 Total : 78.24 24832 1/6/2012 002807 BOUTEN CONSTRUCTION CO. 2011 309.309.079 GREENACRES PARK PHASE 1 4,292.09 Total : 4,292.09 24833 1/6/2012 000322 CENTURYLINK 2011 101.042.000 PHONE SERVICE 102.10 Total : 102.10 24834 1/6/2012 000571 CODE PUBLISHING CO 39591 001.013.000 MUNICIPAL CODE UPDATE 361.36 Total : 361.36 24835 1/6/2012 000603 CONTRACT DESIGN ASSOC INC 30686 001.018.014 CHAIRS: FINANCE 2,021.33 Total : 2,021.33 24836 1/6/2012 002922 DATEC, INC 28997 001.016.000 SCANNERS 6,538.03 Total : 6,538.03 24837 1/6/2012 000278 DRISKELL,CARY EXPENSES 001.013.015 MILEAGE REIMBURSEMENT: DRISE 36.63 Total : 36.63 24838 1/6/2012 000924 ELLER CORP Pay App 2 402.402.000 2011 STORMWATER SMALL WORK: 124,231.97 Total : 124,231.97 24839 1/6/2012 001926 FARR,SARAH EXPENSES 001.018.014 MILEAGE REIMBURSEMENT: FARR 46.62 Total : 46.62 24840 1/6/2012 001447 FREE PRESS PUBLISHING INC 37357 001.013.000 LEGAL PUBLICATION 25.00 Total : 25.00 24841 1/6/2012 002568 GRANICUS INC 30715 001.013.000 BROADCASTING SERVICES 298.93 Page: 1 vchlist 01/06/2012 10:19:54AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 24841 1/6/2012 002568 002568 GRANICUS INC 24842 1/6/2012 002915 KONKRIGHT, KELLY 24843 1/6/2012 000258 MICROFLEX INC. 24844 24845 24846 24847 24848 (Continued) EXPENSES 00020339 00020386 1/6/2012 001035 NETWORK DESIGN&MANAGEMENT 3140 1/6/2012 002936 NORSTAR 1/6/2012 001089 POE ASPHALT PAVING, INC. 1/6/2012 000041 PROTHMAN COMPANY 1/6/2012 000001 SPOKANE CO TREASURER 24849 1/6/2012 000391 SPOKANE VALLEY FIRE DIST.#1 24850 1/6/2012 000311 SPRINT 24851 1/6/2012 002597 TWISTED PAIR ENTERPRIZES L,L.0 47498 43625 2011-3226 40300079 40300081 40300082/40300080 40300083 40300084 40300085 4th QTR 2011 959698810-049 12/29/2011 001.013.015 001.090.000 001.090.000 001.090.000 101.000.000 101.000.000 001.018.013 303.303.130 303.303.131 303.303.151 303.303.106 303.303.129 303.303.152 001.058.059 001.058.057 001.090.000 MILEAGE REIMBURSEMENT Total : Total : TAXTOOLS SOFTWARE RENTAL: N. TAXTOOLS SOFTWARE RENTAL: D Total : SYSTEM MONTHLY MAINTENANCE Total : SUPPLIES: PW Total : WINTER MAINTENANCE SERVICES Total : INTERIM DEPUTY CITY MGR SERVI Total: 0130 CORBIN STEP COUNTY MOU 0131 CRONK STEP COUNTY MOU 2011 STEP MOU GREENHAVEN PONDEROSA STEP ROAD IMPOVE 0129 S GREENACRES STEP COON' 2011 STEP MOU MICAVIEW Total : 4TH QTR 2011: FIRE CODE FEES Total : SPRINT CELL PHONES Total : BROADCASTING COUNCIL MTGS E Total : Amount 298.93 37.19 37.19 343.83 343.83 687.66 4,065.00 4,065.00 1,026,32 1,026.32 7,704.67 7,704.67 2,451.40 2,451.40 94,907.74 91,387.06 646,780.00 37,312.86 232,498.18 146,768.39 1,249,654.23 18,713.08 18,713.08 955.00 955.00 1,440.00 1,440.00 Page: 2 vchlist 01106/2012 10:19:54AM Voucher List Spokane Valley Page: 3 Bank code: Voucher apbank Date Vendor Invoice 24852 24853 105120007 1230110009 1/6/2012 000087 VERIZON WIRELESS 1/6/2012 001885 ZAYO BANDWIDTH LLC 1/5/2012 000001 SPOKANE CO TREASURER 12/30/2011 000001 SPOKANE CO TREASURER 27 Vouchers for bank code: apbank 27 Vouchers in this report 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that 1 am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date 6672571142 DEC 2011 DECEMBER 2011 9290200268 Fund/Dept 101.042.000 001.090.000 001.016.000 001.016.000 Description/Account Amount WIRELESS DATA CARDS DARK FIBER LEASE Total : Total : SPOKANE COUNTY SERVICES Total : LAW ENFORCEMENT Total : Bank total : Total vouchers: 645.15 645.15 242.39 242.39 208,193.74 208,193.74 1,282372.81 1,282,372.81 2,927,320.01 2,927,320.01 Page: 3 vchlist 01/06/2012 11:32:21AM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24854 1/6/2012 000030 AVISTA November 2011 101.042.000 UTILITIES:PW MASTER AVISTA 24,505.41 Total : 24,505.41 24855 1/6/2012 000918 BLUE RIBBON LINEN SUPPLY INC 9288331 001.076.305 LINEN SUPPLYAND SERVICE 33.08 9290291 001.076.305 LINEN SUPPLYAND SERVICE AT CI 109.62 Total : 142.70 24856 1/6/2012 000326 CONSOLIDATED IRRIGATION#19 Dec 2011 402.402.000 2011 HYDRANT WATER USE PERM1 378.90 Total : 378.90 24857 1/6/2012 002308 FINKE, MELISSA Dec 2011 001.076.301 INSTRUCTOR PAYMENT 817.55 Total : 817.55 24858 1/6/2012 000011 GREATER SPOKANE VALLEY Dec 2011 001.090.000 OUTSIDE AGENCY GRANT 2011 7,592.87 Total: 7,592,87 24859 1/6/2012 002196 HOLTEN,MELISSA Expenses 001.018.014 EXPENSE REIMBURSEMENT 22.20 Total : 22.20 24860 1/6/2012 000715 HSBC BUSINESS SOLUTIONS December 2011 001.076.305 SUPPLIES:CITY HALL AND CENTEF 463.06 Total : 463.06 24861 1/6/2012 001944 LANCER LTD 0423113 001.076.000 PRINTING FOR CENTERPLACE 871.64 423056 001.076.305 PRINTING COSTS:CENTERPLACE 269.58 Total : 1,141.22 24862 1/6/2012 002921 PARKER PAINT MFG.CO. INC. 57013195 001.076.305 SUPPLIES AT CENTERPLACE 169.47 Total : 169.47 24863 1/6/2012 001133 PATRIOT FIRE PROTECTION, INC. 239606 001.016.000 ANN. INSPECT.SPRINKLER SYSTE 184.79 Total : 184.79 24864 1/6/2012 001860 PLATT 0780733 001.076.305 SUPPLIES AT CENTERPLACE 106.66 Total: 106.66 24865 1/6/2012 000119 PLESE PRINTING 1330050140 001.076.000 BUSINESS CARDS FOR STONE 43.47 Page: 1 vchlist 01/0612012 11:32:21 AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24865 1/6/2012 000119 000119 PLESE PRINTING 24866 24867 24868 24869 24870 1/6/2012 000675 RAMAX PRINTING&AWARDS 1/6/2012 000415 ROSAUERS 1/6/2012 000323 SPOKANE CO UTILITIES 1/6/2012 001992 SPOKANE HOTEL MOTEL ASSOC 1/6/2012 000406 SPOKANE REGIONAL CVB (Continued) 22176 3-125959 DEC 2011 1014 2840 24871 1/6/2012 000896 SPOKANE VALLEY MEALS ON WHEELS November 2011 24872 1/6/2012 001083 STANDARD PLBG HEATING CONTROLS 30394 24873 1/6/2012 002306 TERRELL, LANDSCAPE ARCHITECT, MIC 718 24874 1/6/2012 000295 VALLEYFEST 24875 1/6/2012 001580 WSU CASHIERS-SPS 24876 1/6/2012 000487 YMCA OF THE INLAND NW 23 Vouchers for bank code: apbank Final 2011 5054348 Dec 2011 Total : 001.011.000 PRINTING COSTS:NEW COUNCIL Total : 001.076.305 SUPPLIES: CENTERPLACE 001.076.300 GREENACRES PARK SEWER CHAF Total : 001.076.305 MEETING LUNCHES AT CENTERPL Total : 105.105.001 2011 LODGING TAX GRANT REIMB. Total : 001.090.000 OUTSIDE AGENCY REIMBURSEMEI Total : 001,016.000 NOVEMBER 2011 MONTHLY MAINT Total : 001.076.000 COSV SIGN DEVELOPMENT 105.105.000 LODGING TAX 2011 REIMBURSEME Total : 001.090.000 SITE SELECTOR CONTRACT#9089 Total : 001.076.301 INSTRUCTOR PAYMENT: GROUP E Total : Total : 43.47 92.40 92.40 14.64 14.64 41.80 41.80 60.00 60.00 35,652.49 35,652.49 7,500.00 7,500.00 537.48 537.48 3,283.75 Total : 3,283.75 1,023.84 1,023.84 9,179.02 9,179.02 112.00 112.00 Bank total : 93,065.72 23 Vouchers in this report Total vouchers: 93,065.72 Page: 2 vchlist Voucher List 01106/2012 1:28:48PM Spokane Valley Page: 1 Bank code: Voucher 24877 24878 24879 24880 apbank Date Vendor Invoice 1/6/2012 000193 NORTHWEST CHRISTIAN SCHOOL INC January 2012 1/6/2012 000202 SRCAA 1/6/2012 002212 STANLEY SECURITY SOLUTIONS 1/6/2012 001409 WORLD CLASS COMMUNICATIONS 4 Vouchers for bank code: apbank 4 Vouchers in this report 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that 1 am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date 1452 8794945 111201262 Fund/Dept Description/Account 001.090.000 CITY HALL RENT 001.090.000 1ST QTR 2012 Total : Total : 001.016.000 MONITORING AND MAINTENANCE Total : 001.076.305 ANSWERING SERVICE:CP Total : Bank total : Total vouchers: Amount 38,416.84 38,416.84 28,892.25 28,892.25 81.53 81.53 23.50 23.50 67,414.12 67,414.12 Page: 1 vch l ist 01/17/2012 9:12:29AM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 24882 1/17/2012 000958 AAA SWEEPING,LLC 47203 402.402.000 2011 VACTORING SERVICES CONT 355.04 47204 402.402.000 2011 STREET SWEEPING SREVICE 19,016.15 Total : 19,371.19 24883 1/17/2012 002931 ALL WESTERN INDUSTRIAL SUPPLY 92618 101.000.000 SUPPLIES: PW 102.61 Total : 102.61 24884 1/17/2012 001081 ALSCO LSP01055857 001.058.057 FLOOR MATS: BUILDING 33.22 LSP01063040 001.058.057 FLOOR MATS: BUILDING 33.22 LSP01076757 001.058.057 FLOOR MATS: BUILDING 33.22 Total : 99.66 24885 1/17/2012 002638 ARROW CONSTRUCTION SUPPLY 99914 101.042.000 SUPPLIES: PW 61.46 99931 101.042.000 SUPPLIES: PW 124.76 Total: 186.22 24886 1/17/2012 002517 BROWN BEARING CO INC 87004 101.000.000 SHOP MAIN SUPPLIES 393.02 Total: 393.02 24887 1/17/2012 002562 CD'A METALS 400433 101.000.000 SUPPLIES: PW 1,990.08 405299 101.000,000 SUPPLIES: PW 80.20 Total : 2,070.28 24888 1/17/2012 000729 CH2MHILL 1NC 3817012 303.303.155 0155-SULLIVAN RD W BRIDGE SU 35,710.86 Total : 35,710.86 24889 1/17/2012 002572 CINTAS CORPORATOIN 606690507 101.042.000 SUPPLIES: PW 152.18 606691190 101.000.000 SUPPLIES:PW 99.79 606692132 101.000.000 SUPPLIES:PW 117.48 606692366 101.042.000 SUPPLIES: PW 48.92 606693029 101.000.000 SUPPLIES:PW 99.79 606693970 101.000.000 SUPPLIES:PW 90.56 606694219 101.042.000 SUPPLIES:PW 141.31 Total : 750.03 24890 1/17/2012 000508 CONOCOPHILLIPS FLEET 28169334 001.058.057 DECEMBER 2011: FLEET FUEL BILL 2,412.99 Page: 1 vchlist 01117/20/2 9:12:29AM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24890 1/17/2012 000508 000508 CONOCOPHILLIPS FLEET (Continued) Total : 2,412.99 24891 1/17/2012 001157 COUNTRY HOMES POWER EQUIP 424297 101.042.000 SUPPLIES: PW 43.48 424298 101.042.000 SUPPLIES: PW 43.48 Total : 86.96 24892 1/17/2012 000683 DAVID EVANS&ASSOCIATES 312972 303.303.148 GREENACRES TRAIL DESING 15,756.87 Total : 15,756.87 24893 1/17/2012 000734 DEPT OF TRANSPORTATION RE-313-ATB11011073 101.042.000 INTELLIGENT TRAFFIC SYSTEMS E 1,946.50 RE-313-ATB11213109 303.303.065 SPRAGUE/SULLIVAN PCC INTERSE 82.66 Total: 2,029.16 24894 1/17/2012 002157 ELJAY OIL COMPANY 4191524 101.000.000 DECEMBER 2011 OIL PRODUCTS F 1,990.65 Total : 1,990.65 24895 1/17/2012 000924 ELLER CORP Pay App 2 402.402,000 2011 STORMWATER SMALL WORK: 8,000.00 Total : 8,000.00 24896 1/17/2012 001232 FASTENAL CO IDLEW79407 101.000.000 SUPPLIES: PW 10.41 Total : 10.41 24897 1/17/2012 001447 FREE PRESS PUBLISHING INC 37355 402.402.000 LEGAL PUBLICATION 68.80 Total : 68.80 24898 1/17/2012 000609 GENDRONS CO 1808 402.402.000 SUPPLIES: PW 392,41 Total : 392.41 24899 1/17/2012 001003 GEOENGINEERS INC 0116360 303.303.141 0141 SULLIVAN&EUCLID PCC GEC 2,072.50 Total : 2,072.50 24900 1/17/2012 001253 GORDON THOMAS HONEYWELL Dec 11 1042 001.011.000 LOBBYIST SERVICES 3,060.42 Total : 3,060.42 24901 1/17/2012 000007 GRAINGER 9713602739 101.000.000 SUPPLIES:PW 80.87 9713602747 101.000.000 SUPPLIES: PW 14.17 9716756102 101.042.000 SUPPLIES: PW 267.05 9717621065 101.000.000 SUPPLIES: PW 50.61 Page: 2 vchlist 01117/2012 9:12:29AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 24901 1/17/2012 000007 GRAINGER 24902 1/17/2012 001112 HARRINGTON INDUSTRIAL PLASTICS 24903 1/17/2012 001723 HEDEEN&CADITZ, PLLC 24904 1/17/2012 002538 HYDRAULICS PLUS, INC 24905 1/17/2012 002518 INLAND PACIFIC HOSE&FITINGS 24906 1/17/2012 000786 K&N ELECTRIC MOTORS, INC. 24907 1/17/2012 002259 MENKE JACKSON BEYER EHILS 439 (Continued) 9717684048 2155530 2155641 2155694 2155695 2155702 2155733 2155766 2155784 2155892 2155893 2155894 2155994 2155995 6961 6962 14468 465638 0104492 511 24908 1/17/2012 002388 MJM GRAND INC Pay App 8 101.000.000 SUPPLIES: PW 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 001.013.015 303.303.005 101.000.000 101.000.000 101.042.000 001.013.015 001.013.015 307.307.088 SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES:PW SUPPLIES:PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : Total : GENERAL PROFESSIONAL SERVIC UNION PACIFIC RAILROAD SERVIC Total : SUPPLIES:PW SUPPLIES: PW Total : Total : WORK REQUEST: MCDONALD&SI Total : PROF SVCS: HOLLYWOOD EROTIC SPOKANE VALLEY/MONTGOMERY Total : 0088 BROADWAY MOORE TO FLOF Amount 49.68 462.38 16.76 6,239.32 3,025.88 786.21 114.15 589.73 298.76 8.97 -65.95 -16.49 -42.31 -563.15 15.97 10,407.85 5,527.50 1,084.50 6,612.00 281.40 281.40 56.98 56.98 611.11 611.11 175.00 1,655.69 1,830.69 19,814.42 Page: 3 vchlist 01/1712012 9:12:29AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24908 1/17/2012 002388 002388 MJM GRAND INC 24909 1/17/2012 002203 NAPAAUTO PARTS 24910 1/17/2012 001546 NORCO, INC 24911 1/17/2012 000652 OFFICE DEPOT INC. 24912 24913 1/17/2012 000058 OMA 1/17/2012 000881 OXARC 24914 1/17/2012 001089 POE ASPHALT PAVING, INC. 24915 1/17/2012 002616 ROADWISE, INC 24916 1/17/2012 000235 SECURE SHRED (Continued) 449595 451768 452301 452547 452673 452711 453283 453354 686603 08997815 09007804 590256421001 591627553001 591627554001 A5001163 R1027281 SSS1544 43628 54044 74341 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 001.032.000 001.076.000 001.076.305 SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLI ES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES: PW SUPPLIES: PW OFFICE SUPPLIE: PW OFFICE SUPPLIES: CP OFFICE SUPPLIES: CP Total : 19,814.42 Total : Total : Total: 001.018.016 PHYSICAL EXAMS: NEW EMPLOYE Total : 101.000.000 101.042.000 SUPPLIES: PW SUPPLIES: PW Total : -16.47 444.57 61.33 8.07 47.42 8.07 8.97 -21.06 21.87 562.77 204.91 23,91 228.82 10.86 218.83 29.78 259.47 65.00 65.00 90.82 86.53 177.35 101.000.000 WINTER MAINTENANCE SERVICES 5,055.50 Total : 5,055.50 101.000.000 FREEZGARD ZERO: PW 5,355.25 Total : 5,355.25 001.090.000 SHREDDING CHARGES 261.60 Total : 261.60 Page: 4 vchlist 01/17/2012 9:12:29AM Voucher List Spokane Valley Page: 5 Bank code: Voucher 24917 24918 24919 24920 24921 apbank Date Vendor Invoice 1/17/2012 000779 SOUTHARD, BRAD 1/17/2012 000172 SPOKANE CO ENGINEER 1/17/2012 000090 SPOKANE CO INFO SYSTEMS 1/17/2012 001100 SPOKANE CO SHERIFFS OFFICE 1/17/2012 000001 SPOKANE CO TREASURER 24922 1/17/2012 002540 SPOKANE HOUSE OF HOSE INC. 24923 1/17/2012 000093 SPOKESMAN-REVIEW 24924 1/17/2012 002188 VALLEY BEST-WAY BLDG SUPPLY DECEMBER 2011 VLY1112 50307794 2011 Fund/Dept 101.042.000 101.042.000 001.018.013 001.016.000 40300079 303.303.130 40300081 303.303.131 40300082140300080 303.303.151 40300083 303.303.106 40300084 303.303.129 40300085 303.303.152 515000996 101.042.000 9020100035 001.090.000 9020100052 001.090.000 160945 176899 178268 178318 178798 180101 294982 606752 606753 606853 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 001.013.000 101.042.000 101.042.000 101.042.000 Description/Account 2011 DEAD ANIMAL REMOVAL Total : COUNTY SERVICES COUNTY IT SUPPORT Total : Total : NEIGHBORHOOD WATCH GRANT Total : 0130 CORBIN STEP COUNTY MOU 0131 CRONK STEP COUNTY MOU 2011 STEP MOU GREENHAVEN PONDEROSA STEP ROAD IMPOVE 0129 S GREENACRES STEP COUN- 2011 STEP MOU MICAVIEW DECEMBER 2011:WORK CREW 2011 ELECTION COSTS 2011 ELECTION COSTS SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : Total : ADERTISEMENT:ACCT#42365 Total : SUPPLIES: PW SUPPLIES:PW SUPPLIES:PW Amount 1,255.00 1,255.00 49,602.04 49,602.04 17,639.78 17,639.78 2,995.75 2,995.75 94,907.74 91,387.06 285,749.58 37,31 2.86 312,505.61 146,768.39 3,374.20 26,005.16 24,178.58 '1,022,189.18 -105.99 146.44 203.63 26.35 21.61 98.70 390.74 319.74 319.74 25.73 15.29 33.65 Page: 5 vchlist 01/17/2012 9:12:29AM Voucher List Page: 6 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 24924 1/17/2012 002188 002188 VALLEY BEST-WAY BLDG SUPPLY (Continued) Total : 74.67 24925 1/17/2012 000087 VERIZON WIRELESS 1040577125 001.058.057 SPRINT CELL PHONES 1,958.95 Total : 1,958.95 24926 1/17/2012 000676 WEST 824189466 001.013.015 LEGAL SUBSCRIPTION 658.63 Total : 658.63 45 Vouchers for bank code: apbank Bank total : 1,243,692.11 45 Vouchers in this report Total vouchers : 1,243,692.11 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is lust,due and an unpaid obligation against the City of Spokane Valley,and that 1 am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 6 vch l ist 0111912012 2:21:05PM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24927 1/19/2012 001081 ALSCO LSP01083459 001.058.057 FLOOR MATS: BUILDING 34.22 Total : 34.22 24928 1/19/2012 000277 AWC 2012 AWC MEMBERSHIP 001.018.016 2012 AWC DRUG&ALCOHOL MEM 236.00 Total : 236.00 24929 1/19/2012 002517 BROWN BEARING CO INC 87173 101.000.000 SUPPLIES:PW 183.63 87275 101.000.000 SUPPLIES:PW 213.05 87350 101.000.000 SUPPLIES:PW 215.64 87400 101.000.000 SUPPLIES:PW 128.07 Total : 740.39 24930 1/19/2012 000673 BUDGET ARBOR&LOGGING LLC 11-1503 101.042.000 TREE TRIMMING: PW 3,043.60 Total : 3,043.60 24931 1/19/2012 002562 CD'A METALS 407893 101.000.000 SUPPLIES:PW 30.38 408909 101.000.000 SUPPLIES: PW 44.02 409898 101.000.000 SUPPLIES: PW 96.47 412252 101.000.000 SUPPLIES: PW 236.26 Total : 407.13 24932 1/19/2012 000101 CDW-G D215893 001.090.000 COMPUTER/SOFTWARE REPLACE 3,423.57 Total : 3,423.57 24933 1/19/2012 000322 CENTURYLINK JANUARY 2012 001.076.302 JANUARY 2012:PHONE SERVICE 230.04 Total : 230.04 24934 1/19/2012 000370 CHAMPLAIN PLANNING PRESS INC 30611 001.058.056 PLANNING COMMISSIONERS JOUF 151.00 Total : 151.00 24935 1/19/2012 001880 CROWN WEST REALTY LLC 30 101.042.000 MAINTENANCE CHARGES:MAINT 1 182.22 Total : 182.22 24936 1/19/2012 002604 DELL FINANCIAL SERVICES LLC 75423005 001.090.000 LEASE CONTRACT 1,087.47 Total : 1,087.47 24937 1/19/2012 002920 DIRECTV, INC 16836607435 101.042.000 JAN 2012 CABLE SERVICES:MAIM 37.19 Page: 1 vchlist 01/1912012 2:21:05PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 24937 1/19/2012 002920 002920 DIRECTV, INC 24938 1/19/2012 001232 FASTENAL CO 24939 1/19/2012 002507 FASTENERS, INC 24940 1/19/2012 001447 FREE PRESS PUBLISHING INC 24941 1/19/2012 000917 GRAYBAR 24942 1/19/2012 001728 HP FINANCIAL SERVICES CO 24943 1/19/2012 000265 JACKSON, MIKE 24944 1/19/2012 001944 LANCER LTD 24945 1/19/2012 000624 NAIL SEMINARS GROUP 24946 1/19/2012 002941 NORTHSTAR CELAN CONCEPTS (Continued) IDLEW79760 IDLEW79767 S3218603.002 S3230316.001 37385 37404 37405 958013665 February 2012 January 2012 101.000.000 SUPPLIES:PW 101.000.000 SUPPLIES:PW 101.000.000 SUPPLIES:PW 101.000.000 SUPPLIES: PW 001.058.056 LEGAL PUBLICATIONS 001.013.000 LEGAL PUBLICATIONS 001.013.000 LEGAL PUBLICATIONS 001.090.000 CIMPUTER PARTS Total : Total : Total : Total : Total : 001.090.000 FEBRUARY 2012: LEASE PAYMENT Total : 001.013.000 MONTHLY AUTO ALLOWANCE Total : 0423328 001.032.000 NAME PLATE: PW 0423371 001.032.000 BUSINESS CARDS: PW 1842062 001.090.000 WORKPLACE SAFETY&OSHA TRp Total : Total : 6335 24947 1/19/2012 000971 NORTHWEST IMAGES PHOTOGRAPHY 41211 24948 1/19/2012 000652 OFFICE DEPOT INC. 592073023001 101.000.000 DEFOAMER:PW 001.011.000 COUNCILMEMBER PORTRAIT Total : 001.090.000 SUPPLIES: BING Total: Amount 37.19 37.53 17.31 54.84 9.09 113.32 122.41 66.30 25.00 29.75 121.05 49.35 49.35 3,794.99 3,794.99 300.00 300.00 12.58 19.92 32.50 199.00 199.00 74.73 74.73 81.47 81.47 26.08 Page: 2 vchlist 01/1912012 2:21:05PM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24948 1/19/2012 000652 OFFICE DEPOT INC. (Continued) 592073024001 001.090.000 SUPPLIES:BING 10.86 Total : 36.94 24949 1/19/2012 000881 OXARC SSS185A 101.000.000 SUPPLIES:PW 287.27 SSS2712 101.000.000 SUPPLIES: PW 86.75 Total : 374.02 24950 1/19/2012 001578 PACIFICAD 0023828-IN 001.032.000 CUSTOM CIVIL TRAINING 4,507.25 Total : 4,507.25 24951 1/19/2012 002424 PITNEY BOWES GLOBAL 1428301-JA12 001.090.000 JANUARY 2012: POSTAGE METER I 275.00 Total : 275.00 24952 1/19/2012 000019 PURRFECT LOGOS, INC. 28730 001.058.056 KOMATEX SIGN 16.31 28747 001.011.000 MAGNETIC WHITE SIGNS: COUNCI 53.81 Total: 70.12 24953 1/19/2012 000601 SKRERC 2012 001.058.056 2012 REAL ESTATE MARKET FORD 135.00 Total: 135.00 24954 1/19/2012 000658 SPOKANE CO SUPERIOR COURT 1/18/2012 001.013.015 COPIES:96-2-00752-2 11.50 Total : 11.50 24955 1/19/2012 000001 SPOKANE CO TREASURER 2402 001.013.000 PROCESSING FEE FOR DEED 10.00 Total : 10.00 24956 1/19/2012 000391 SPOKANE VALLEY FIRE DIST.#1 ERP1172012 001.011.000 SVFD EMPLOYEE RECOGNITION D 45.00 Total : 45.00 24957 1/19/2012 000065 STAPLES ADVANTAGE 8020626212 001.018.014 JANUARY 2012 SUPPLIES 92.53 Total : 92.53 24958 1/19/2012 001060 TIMEMARK, INC. 113279 101.042.000 SORTWARE UPGRADE: PW 538.07 Total : 538.07 24959 1/19/2012 000335 TIRE-RAMA 8080015034 001.032.000 35518D: OIL CHANGE 39.83 Page: 3 vchlist 01/19/2012 2:21:05PM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 24959 1/19/2012 000335 000335 TIRE-RAMA (Continued) Total : 39.83 24960 1/19/2012 002909 WA DEPT OF ENTERPRISE SERVICES 18-1-56790 001.090.000 CO-OP MEMBERSHIP: 1ST QTR 20' 500.00 Total : 500.00 24961 1/19/2012 002363 WESTERN STATES EQUIPMENT CO 24962 1/19/2012 000310 WSAMA 24963 1/19/2012 000089 XO COMMUNICATIONS 24964 1/19/2012 001885 ZAYO BANDWIDTH LLC 38 Vouchers for bank code: apbank 38 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date PC060675203 81190 0248070908 January 2012 101.000.000 OIL KIT: PW 27.06 Total : 27.06 001.013.015 2012 WSAMA MEMBERSHIP 40.00 Total : 40.00 001.090.000 JAN 2012: INTERNET/DATA LINES 657.16 Total : 657.16 001.090.000 JAN 2012: DARK FIBER LEASE 242.39 Total : 242.39 Bank total : 22,005,04 Total vouchers: 22,005.04 Page: 4 vchlist 0112012012 2:06:16PM Voucher List Spokane Valley Page: Bank code: Voucher 24965 24966 24967 24968 24969 24970 24971 24972 24973 24974 24975 apbank Date Vendor Invoice 1/20/2012 002940 ABBS,SHANNON Permit Refund 1/20/2012 000150 ALLIED FIRE&SECURITY SVC1054699 1/20/2012 001081 ALSCO December 2011 1/20/2012 000334 ARGUS JANITORIAL LLC INV006820 1/20/2012 000030 AVISTA December 2011 December 2011 1/20/2012 001606 BANNER BANK 0618 4064 4458 8861 9048 1/20/2012 000143 CITY OF SPOKANE December 2011 1/20/2012 000007 GRAINGER 1/20/2012 000441 HOME DEPOT CREDIT SERVICES 1/20/2012 000070 INLAND POWER&LIGHT CO 1/20/2012 000388 IRVIN WATER DIST.#6 9717621057 9717684030 December 2011 94202 December 2011 Fund/Dept 001.058.058 001.016.000 001.016.000 001.016.000 101.042.000 001.076.300 001.011.000 001.058.056 001.011.000 309.309.079 001.090,000 402.402.000 001.076.305 001.076.000 001.076.305 101.042.000 001.076300 Description/Account PERMIT REFUND Total : SECURITY SYSTEM MATERIALS AI\ Total : FLOOR MATS: PRECINCT JANITORIAL SVCS: DEC 2011 Total : Total UTILITIES: PW MASTERAVISTA UTILITIES: PARKS MASTERAVISTA Total : DEC 20116:0618 DEC 20116:4064 DEC 2011B:4158 DEC 20116:8861 DEC 2011B:9048 TRANSFER STATION:PW Total : Total : SUPPLIES FOR CENTERPLACE SUPPLIES FOR CENTERPLACE Total : SUPPLIES: PW AND PARKS UTILITIES:DEC 2011 PW UTILITIES:PARKS Total : Total : Amount 39.25 39.25 402.06 402.06 40.78 40.78 2,165.23 2,165.23 26,172.56 8,227.70 34,400.26 312.26 11.98 294.37 1,497.25 884.16 3,000.02 2,940.26 2,940.26 52.81 2.16 54.97 175.69 175.69 371.30 371.30 166.00 Page: 1 vchlist 01/20/2012 2:06:16PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 24975 1/20/2012 000388 IRVIN WATER DIST.#6 24976 1/20/2012 001635 ISS FACILITY/EVENT SERVICES 24977 1/20/2012 000132 MODERN ELECTRIC WATER CO 24978 1/20/2012 000008 NORLIFT 24979 1/20/2012 002836 PALADIN DATA SYSTEMS CORP. 24980 1/20/2012 000709 SENSKE LAWN&TREE CARE INC. (Continued) Decem ber2011 155460 179961 179962 179963 186226 17836387 Dec 2011 December 2011 20051827 33601/33602 3740666 4115696 45143115 4518006 4518461 4519440 4523320 24981 1/20/2012 000731 SPOKANE RESTAURANT EQUIP, INC 32646 24982 1/20/2012 001083 STANDARD PLBG HEATING CONTROLS 30493 30546 101.042.000 UTILITIES: PW 001.076.305 001.076.305 001.076.305 001.076.305 001.076.305 101.042.000 001.076.302 101.042.000 Total : EVENT SERVICES FOR NOV/DEC 2 EVENT SERVICES FOR NOV/DEC 2 EVENT SERVICES FOR NOV/DEC 2 EVENT SERVICES FOR NOV/DEC 2 EVENT SERVICES FOR NOV/DEC 2 Total : UTILITIES: PW NOT ON MASTER BI UTILITIES: PARKS UTILITIES: PW Total : 001.076.305 SHELVING FOR CENTERPLACE Total : 001.058,057 PERMIT SOFTWARE:SMARTGOV II Total : 001.076.300 101.042.000 001.016.000 001.016.000 001.016.000 001.016.000 001.016.000 001.076.305 001.016.000 001.016.000 CONTRACT MAINT: DEC 2011 2011 EMERGENCY TRAFFIC CONTF SNOW REMOVAL: DECEMBER 2011 CONTRACT MAINT: DECEMBER 20' SNOW REMOVAL: DECEMBER 2011 SNOW REMOVAL: DECEMBER 2011 SNOW REMOVAL SERVICES:PREC Total : SUPPLIES FOR CENTERPLACE Total: MAINTENANCE AND REPAIR PREC DECEMBER 2011 MONTHLY MAINT Total : Amount 74.25 240.25 148.81 7,136.00 45.89 176.02 255.82 7,762.54 52.38 4,464.85 8,266.90 12,784.13 51.61 51.61 10,075.03 10,075.03 48,215.08 542.71 217.40 78.21 217.40 298.93 190.23 49,759.96 2,095.17 2,095.17 498.36 537.48 1,035.84 Page: 2 vchlist 01/20/2012 2:06:16PM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 24983 1/20/2012 001206 SWANSON'S REFRIGERATION&, RESTA 77649 001.076.305 WALK IN FREEZER SERVICE: CP 443.00 Total : 443.00 24984 1/20/2012 000167 VERA WATER&POWER December 2014 101.042.000 UTILITIES: DECEMBER 2011 2,930.76 Total : 2,930.76 24985 1/20/2012 000038 WASTE MANAGEMENT OF SPOKANE 0054723-1518-2 402.402.000 WASTE MGMT: DECEMBER 2011 584.22 1361392-2681-7 101.042.000 WASTE MGMT: MAINTENANCE FAC 173.79 Total : 758.01 21 Vouchers for bank code: apbank Bank total : 21 Vouchers in this report Total vouchers: 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that 1 am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date 131,526.12 131,526.12 Page: 3 vchlist 01120/20/2 2:28:13PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice 24986 1/20/2012 001012 ASSOC BUSINESS SYSTEMS 24987 1/20/2012 002937 AUTO ELECTRIC PRODUCTS 530143 32678 32682 24988 1/20/2012 000694 AVISTA UTILITIES 33411 24989 1/20/2012 002544 CAR QUEST AUTO PARTS STORES 1921-1D115748 1921-ID-115749 24990 1/20/2012 000165 DEPT OF RETIREMENT SYSTEMS 904824 24991 1/20/2012 000409 DEPT OF REVENUE 24992 1/20/2012 002938 FLORA ESTATES HOA 24993 1/20/2012 000002 H&H BUSINESS SYSTEMS INC. 24994 1/20/2012 002682 HAFNER, CHARLES 24995 1/20/2012 002539 HEALTHFORCE PARTNERS L.L.C. 24996 1/20/2012 002520 HUSKY INTERNATIONAL TRUCKS 4th QTR Water Excess DECEMBER 2011 EXPENSES October 17,2011 59409 59481 59482 60026 60150 Fund/Dept 001,058.050 101.000.000 101.000.000 001.090.000 101.000.000 101.000.000 001.058.055 001.076.301 303.303.112 001.076.000 001.011.000 101.042.000 Description/Account 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 COPIER COSTS:CD ALTERNATOR:PW ALTERNATOR:PW HOME ENERGY AUDITS SUPPLIES: PW SUPPLIES Total : Total Total : Total : RRTW'WAYNE D MCGAVRAN Total : LEASEHOLD EXCISE TAX RETURN Total INDIANA AVE EXT.EXCESS WATER Total : COPIER COST MILEAGE: HAFNER Amount 393.72 393.72 198.86 172.83 371.69 2,992.00 2,992.00 123.51 81.20 204.71 195.74 195.74 6,504.74 6,504.74 117.35 117.35 1,882.91 Total : 1,882.91 Total : ACCIDENT SCREENING: POE EMPI Total : SUPPLIES:PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES:PW 116.20 116.20 193.00 193.00 4.04 315.05 71.87 163.02 399.05 Page: 1 vchlist 0//2012012 2:28:13PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor 24996 1/20/2012 002520 HUSKY INTERNATIONAL TRUCKS 24997 24998 24999 25000 25001 25002 25003 25004 25005 1/20/2012 002466 KENWORTH SALES 1/20/2012 002522 KOEGEN EDWARDS LLP Invoice (Continued) 60154 60632 60633 60650 774354 CM59481 188230 FundlDept Description/Account Amount 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW 101.000.000 SUPPLIES: PW Total : Total : 2028 001.013.015 PROFESSIONAL SVCS: GENERAL Total : 1/20/2012 001035 NETWORK DESIGN&MANAGEMENT 13059 20747 3095 1/20/2012 000008 NORLIFT 1/20/2012 002844 ONE CALL CONCEPTS, INC 1/20/2012 001089 POE ASPHALT PAVING, INC. 1/20/2012 002939 RHOMAR INDUSTRIES 1/20/2012 000064 SCHIMMELS,GARY 1120/2012 000230 SPOKANE CO AUDITORS OFFICE 20051824 1112313 DECEMBER 2011 71859 EXPENSES DECEMBER 2011 001.090.000 001.090.000 001.090.000 101.042.000 001.058.050 101.042.000 101.000.000 001.011.000 001.058.056 WATCHGUARD RENEWAL INTERNAL HARD DRIVE SYSTEM MONTHLY MAINTENANCE Total : SUPPLIES: PW Total : LOCATOR TICKET MGMT SYSTEM Total : 2011 STREET AND STORMWATER I Total : WINTER MAINT SUPPLIES: PW Total : Total Total : MILEAGE:SCHIMMELS RECORDING FEES 20.72 15.63 172.31 294.41 114.55 -51.84 1,518.81 500.98 500.98 965.28 965.28 822.86 695.68 3,357.79 4,876.33 411.97 411.97 50.00 50.00 2,197.36 2,197.36 2,719.05 2,719.05 38.36 38.36 692.00 692.00 Page: 2 vchlist 01/20/2012 2:28:13PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice 25006 1/20/2012 000065 STAPLES ADVANTAGE 25007 1/20/2012 001875 STRATA 25008 1/20/2012 000087 VERIZON WIRELESS 8020626212 S110410-IN 1040577125 25009 1/20/2012 002909 WA DEPT OF ENTERPRISE SERVICES 2011120075 25010 1/20/2012 000676 WEST 25011 1/20/2012 002651 WOODARD,ARNE 26 Vouchers for bank code: apbank 26 Vouchers in this report 824309124 EXPENSES Fund/Dept Description/Account 001.058.057 SUPPLIES:CD 303.303.142 GEOTECHNICAL EXPLORATION AN Total : Total : 001.058.057 VERISON WIRELESS CHARGES Total : 001.090.000 TECHNOLOGY BROKERING SERVIi Total : 001.013.015 SUBSCRIPTION PRODUCT 001.011.000 MILEAGE:WOODARD Total : Total : Bank total: Total vouchers: Amount 623.72 623.72 1,977.54 1,977.54 1,958.95 1,958.95 4,980.76 4,980.76 872.34 872.34 11.10 11.10 37,366.61 37,366.61 Page: 3 vchlist 01/26/2012 3:00:03PM Voucher List Spokane Valley Page: 1 Bank code: Voucher 25012 25013 25014 25015 25016 25017 25018 25019 25020 25021 25022 25023 25024 apbank Date Vendor Invoice 1/26/2012 001816 BENTHIN&ASSOCIATES 1/26/2012 002943 BLY, PAULETTE 1/26/2012 000322 CENTURYLINK 1/26/2012 000683 DAVID EVANS&ASSOCIATES 1/26/2012 000912 DEX MEDIA WEST 1/26/2012 002942 DISCOUNT TIRE 1/26/2012 002843 DURAND, RONALD 1/26/2012 001447 FREE PRESS PUBLISHING INC 1/26/2012 002945 HOLIDAY STATION STORE 287 1/26/2012 000012 JOURNAL OF BUSINESS INC. 1/26/2012 002944 LUMI,I LBERGER,JOSEF 1844 CRYWOLF:V4201 JANUARY 2012 314109 JANUARY 2012 CRYWOLF: 10806417 CRYWOLF:V4205 37433 CRYWOLF:777511 INV002703504 CRYWOLF:V4211 1/26/2012 001035 NETWORK DESIGN&MANAGEMENT 13061 1/26/2012 000239 NORTHWEST BUSINESS STAMP INC. 85989 Fund/Dept Description/Account 303.303.146 10-027L 24TH AVE SIDEWALK SUR1 Total : 001.000.000 CRYWOLF REFUND: PERMIT V#42( Total : 001.076.302 JANUARY 2012: PHONE SERVICE Total : 303.303.148 GREENACRES TRAIL DESING Total : 001.076.304 ADVERTISING:SENIOR CENTER Total : 001.000.000 CRYWOLF REFUND:PERMIT#V40 Total : 001.000.000 CRYWOLF REFUND: PERMIT#V42( Total: 001.013.000 LEGAL PUBLICATIONS 001.000.000 CRYWOLF REFUND: PERMIT#V42 Total : 001.013.000 CLASSIFIED DISPLAY AD 001.000.000 CRYWOLF REFUND:PERMIT#V42 Total : 001.090.000 NEXT DAY ONSITE SUPPORT Total : 001.018.016 PICTURE ID BADGES Total : Total : Amount 360.00 360.00 25.00 25.00 260.92 260.92 11,205.45 11,205.45 39.55 39.55 25.00 25.00 25.00 25.00 30.60 30.60 165.00 165.00 360.00 360.00 25.00 25.00 2,310.35 2,310.35 16.85 Page: 1 vchlist 01126/2012 3:00:03PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 25024 1/26/2012 000239 000239 NORTHWEST BUSINESS STAMP 1N( (Continued) 25025 1/26/2012 000652 OFFICE DEPOT INC. 25026 1/26/2012 000675 RAMAX PRINTING&AWARDS 25027 1/26/2012 002288 SARGENT ENGINEERS INC. 25028 1/26/2012 002946 SHELLENBERGER,JANET 25029 1/26/2012 000862 SPOKANE ROCK PRODUCTS, INC. 25030 1/26/2012 001895 TAYLOR ENGINEERING INC 25031 1/26/2012 000468 TRANSOFT SOLUTIONS INC. 20 Vouchers for bank code: apbank 1431476028 591627470001 592072984001 592705814001 592705881001 592904464001 592904638001 592905824001 001.018.014 001.076.000 001.090.000 001.018.014 001.018.014 001.076.000 001.076.000 001.076.000 Total : OFFICE DEPOT:LODGING TAX OFFICE SUPPLIES: CP SUPPLIES: BING OFFICE SUPPLIES:FINANCE SUPPLIES: FINANCE SUPPLIES: CP SUPPLIES: CP SUPPLIES:CP Total : 22276 001,011.000 PRINTING COSTS: NEW COUNCIL Total : 27563 303.303.157 SULLIVAN BRIDGE TEMP REPAIRS Total : CRYWOLF:ONLINE PYMT 001.000.000 Pay App 4 2 74909 CRYWOLF REFUND: PERMIT#V42' Total : 303.303.112 INDIANA AVE. EXTENSION CN CON Total : 303.303.115 PROF SURVEY SVCS FOR 0115 Total : 001.032.000 NETWORK RENEWAL:TURN MAP Total : Bank total : 20 Vouchers in this report Total vouchers: Amount 16.85 45.49 621.75 97.81 81.47 9.17 49.78 46.88 40.16 992.51 59.79 59.79 941.45 941.45 25.00 25.00 17,015.22 17,015.22 8,356.99 8,356.99 1,725.00 1,725.00 43,964.68 43,964.68 Page: 2 vchlist 01/27/2012 11:33:11 AM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25032 1/27/2012 000683 DAVID EVANS&ASSOCIATES 25033 1/27/2012 000734 DEPT OF TRANSPORTATION 25034 1/27/2012 000746 EMPLOYMENT SECURITY DEPT 25035 1/27/2012 002507 FASTENERS, INC 313519 101.042.000 TRAFFIC SERVICES RE-313-ATB20117061 RE-313-ATB20117065 RE-313-ATB20117072 217156-00 2 83131843.002 S3152526.002 S3161083.003 S3177123.001 33179561.001 83181375.001 33194975.001 83199356.001 S3201207.001 S3218603.001 83220142.001 25036 1/27/2012 001112 HARRINGTON INDUSTRIAL PLASTICS 02156254 02156255 0073754 DECEMBER 2011 DECEMBER 2011 25037 1/27/2012 000864 JUB ENGINEERS, INC. 25038 1/27/2012 000307 OFFICE OF THE STATE TREASURER 25039 1/27/2012 000308 SPOKANE CO PROSECUTING ATTY 101.042.000 101.042.000 101.042.000 Total: STATE ROUTE ROADWAY MAINT SIGNAL&ILLUMINATION MAIN INTELLIGENT TRAFFIC SYSTEMS Total : 502.502.000 4TH QTR 2011 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES: PW SUPPLIES: PW SUPPLIES:PW SUPPLIES: PW Total : Total : 101.042.000 SUPPLIES: PW 101.042.000 SUPPLIES: PW 101.042.000 TIP DATA MAINTENANCE AND UPD■ Total : Total : 001.016.000 STATE REMITTANCE 001.016.000 CRIME VICTIMS COMPENSATION R Total : Total : 6,462.50 6,462.50 12,681.30 5,689.02 835.28 19,205.60 1,050.47 1,050.47 -107.09 -200.18 -594.01 82.22 136.63 400.56 95.26 73.36 17.58 222.11 36.26 162.70 744.33 125.72 870.05 13,414.14 13,414.14 52,500.09 52,500.09 752.79 752.79 Page: 1 vchlist 01/27/2012 11:33:19 AM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25040 1/27/2012 000001 SPOKANE CO TREASURER 51500981 001.016.000 DECEMBER 2011 HOUSING INVOIC 85,612.00 Total : 85,612.00 25041 1/27/2012 000100 WABO INC. 23583 001.018.016 JOB POSTING:BUILDING OFFICIAL 50.00 Total : 50.00 8696382 1/20/2012 000409 DEPT OF REVENUE 4th Qtr 001.076.305 RETAILING&OTHER ACTIVITIES:C 2,233.34 Total : 2,233.34 11 Vouchers for bank code: apbank Bank total: 182,313.68 11 Vouchers in this report Total vouchers: 182,313.68 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 2 vchlist Voucher List 01/27/2012 12:47:09PM Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice 25042 1/27/2012 000150 ALLIED FIRE&SECURITY A1837 25043 1/27/2012 001606 BANNER BANK 0618 4064 4458 8861 9048 25044 1/27/2012 000918 BLUE RIBBON LINEN SUPPLY INC 25045 1/27/2012 000572 CARTER,CAROL 25046 1/27/2012 000109 COFFEE SYSTEMS INC 25047 1/27/2012 000683 DAVID EVANS&ASSOCIATES 25048 1/27/2012 000010 FEDEX KINKO'S 25049 1/27/2012 002308 FINKE,MELISSA 25050 1/27/2012 000275 KERSTEN, NEIL 25051 1/27/2012 001684 MARKETING SOLUTIONS NW 9292207 9294168 9296120 S0024249 EXPENSES 3820:096527 314092 289700008650 Jan 2012 EXPENSE EXPENSES EXPENSES CP 1-18-12 P&P Fund/Dept Description/Account 001.076.305 QUARTERLY MONITORING:CENTE Total : 001.011.000 JAN 2012 A:0618 25.00 001.058.057 JAN 2012 A:4064 658.19 001.013.000 JAN 2012 A:4458 564.76 001.076.301 JAN 2012 A:8861 249.00 001.018.016 JAN 2012 A:9048 120.66 Total : 1,617.61 001.076.305 LINEN SUPPLY AND SERVICE:CEN 001.076.305 LINEN SUPPLY AND SERVICE:CEN 001.076.305 LINEN SUPPLY AND SERVICE AT CI 001.076.305 LINEN SUPPLY AND SERVICE: CEN Total: 001076.305 EXPENSE REIMBURSEMENT 001.076.305 COFFEE SUPPLIES: CENTERPLACI Total : 001.058.055 SPOKANE VALLEY PLAT REVIEW Total : 001.076.305 SUPPLIES FOR CENTERPLACE Total : 001.076.301 INSTRUCTOR PAYMENT 101.042.000 EXPENSE REIMBURSEMENT 101.042.000 EXPENSE REIMBURSEMENT 001.032.000 EXPENSE REIMBURSEMENT Total : 001.076.305 ADVERTISING: CENTERPLACE 925.00 Amount 112.50 112.50 Total : Total : 29.93 52.18 67.43 112.82 262.36 39.98 39.98 118.57 118.57 2,211.00 2,211.00 193.95 193.95 323.70 323.70 9.99 1,465.22 61.05 1,536.26 Page: 1 vchlist 01/27/2012 12:47:09 P M Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25051 1/27/2012 001684 MARKETING SOLUTIONS NW 25052 1/27/2012 001669 MCGEE, MARY KATE 25053 1/27/2012 001631 MELBOURN,THOMAS 25054 1/27/2012 000435 NCW CHAPTER OF ICC (Continued) CP 12-19-11 P&P CP 12-30-11 Media CP 1-5-12 Media Expenses EXPENSES Jan 2012 25055 1/27/2012 000193 NORTHWEST CHRISTIAN SCHOOL INC 4th QTR 2012 CAM February 2012 25056 1/27/2012 002921 PARKER PAINT MFG.CO. INC. 057013438 25057 1/27/2012 002475 POST FALLS CHAMBER OF COMMERCE Jan 2012 25058 1/27/2012 002592 PURE FILTRATION PRODUCTS 25059 1/27/2012 000935 SERVICE PAPER CO 25060 1/27/2012 000001 SPOKANE CO TREASURER 9726 110613390 110613425 110615460 2012 001.076.305 ADVERTISING:CENTERPLACE 001.076.305 Advertising CP 001.076.305 ADVERTISING:CENTERPLACE Total : 001.058.057 EXPENSE REIMBURSEMENT Total : 001.058.057 EXPENSE REIMBURSEMENT 001.058.057 REGISTRATION: GUERRY&POWEI Total : Total : 001.090.000 4TH QTR CAM CHARGES 001.090.000 CITY HALL RENT 001.076205 SUPPLIES FOR CENTERPLACE Total : Total : 001.076.305 2012 COMMERCE/COMMUNITY FAI Total : 001.076.305 SUPPLIES AT CENTERPLACE Total : 001.076.305 SUPPLIES:PRECINCT 001.076.305 SUPPLIES: PRECINCT 001.076.305 SUPPLIES AT CENTERPLACE Total : 001.076.000 UTILITY IMPROVEMENTASSESSMI Total : 25061 1/27/2012 000323 SPOKANE CO UTILITIES January 2012 001.076.302 SPOKANE COUNTY SEWER 1,135.00 6,194.00 1,170.62 9,424.62 147.00 147.00 70.00 70.00 360.00 360.00 2,217.05 38,416.84 40,633.89 50.84 50.84 175.00 175.00 2,345.88 2,345.88 1,205.16 45.56 191.13 1,441.85 2,052.11 2,052.11 1,797.42 Page: 2 vchlist 01/27/2012 12:47:09PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 25061 1/27/2012 000323 000323 SPOKANE CO UTILITIES (Continued) 25062 1/27/2012 001992 SPOKANE HOTEL MOTEL ASSOC 1050 25063 1/27/2012 000391 SPOKANE VALLEY FIRE DIST.#1 ERP1112012 25064 1/27/2012 000404 SPOKANE VALLEY HERITAGE MUSEUM 12-1 25065 1/27/2012 002306 TERRELL, LANDSCAPE ARCHITECT, MIC 721 25066 1/27/2012 001444 UNITED LABORATORIES 25067 1/27/2012 002291 WACE 25068 1/27/2012 002279 WSASC 27 Vouchers for bank code: apbank 27 Vouchers in this report 00793 Jan 2012 January 2012 Total : 001.076.305 2012 MEMBERSHIP DUES-CENTEI Total : 001.011.000 SVFD EMPLOYEE RECOGNITION 0 Total : 001.090.000 2012 LODGING TAX REIMBURSEME Total : 001.076.000 COSV SIGN DEVELOPMENT 001.076.305 SUPPLIES:CENTERPLACE 001.058.056 REGISTRATION WACE CONFEREtt Total : 001.076.304 WSASC 2012 MEMBERSHIP Total : Total : Total: Bank total: Total vouchers : Amount 1,797.42 250.00 250.00 45.00 45.00 1,167.35 1,167.35 1,924.10 1,924.10 154.10 154.10 25.00 25.00 45.00 45.00 68,525.09 68,525.09 Page: 3 vch l ist 01/31/2012 3:00:49PM Voucher List Page: 1 Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 5392 1/31/2012 002950 ADVENTURE DYNAMICS REFUND 001.237.10. DEPOSIT REFUND: ROOM 109 52.00 Total : 52.00 5393 1/31/2012 002690 GRAVELLE, LORI REFUND 001.237.10. CANCELLATION REFUND: P&R 64.00 Total : 64.00 5394 1/31/2012 002861 HILL, LAINA REFUND 001.237.10. CANCELLATION REFUND: P&R 30.00 Total : 30.00 5395 1/31/2012 002951 LUTI,STEPHANIE REFUND 001.237.10, CANCELLATION REFUND: P&R 30.00 Total : 30.00 5396 1/31/2012 002949 MICHELLEALLEN REFUND 001.237.10. CANCELLATION REFUND: P&R 64.00 Total : 64.00 5 Vouchers for bank code: pk-ref Bank total : 240.00 5 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Total vouchers: 240.00 Page: 1 vchlist 02103/2012 11:32:41 AM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25069 2/3/2012 000921 ATO Z RENTALS 72966-1 101.042.000 SOD CUTTER RENTAL: PW 103.48 Total : 103.48 25070 2/3/2012 000197 AIRFACTZ 59471 001.018.016 BACKGROUND CHECKS: HR 60.00 Total : 60.00 25071 2/3/2012 002638 ARROW CONSTRUCTION SUPPLY 100161 101.000.000 CONCRETE MIX: PW 27.85 Total : 27.85 25072 2/3/2012 001012 ASSOC BUSINESS SYSTEMS 536302 001.013.015 COPIER COSTS: LEGAL 191.28 536421 001.058.050 COPIER COSTS: CD 470.57 Total : 661.85 25073 2/3/2012 000168 BLACK BOX NETWORK SVC SPO-024001 001.090.000 SETUP VOICEMAIL 441.87 Total : 441.87 25074 2/3/2012 000796 BUDINGER&ASSOC INC L11083-6 402.402.000 SIEVE ANALYSIS 160.00 Total: 160.00 25075 2/3/2012 002615 BULLOCK,SUSAN EXPENSES 001.013.015 MILEAGE REIMBURSEMENT 29.20 Total : 29.20 25076 2/3/2012 000101 CDW-G D546131 001.090.000 APPLE IPAD 551.07 Total : 551.07 25077 2/3/2012 002226 CENTRAL PREMIX 13-1654214 101.000.000 SUPPLIES:PW 20.02 Total : 20.02 25078 2/3/2012 001780 CLC ASSOCIATES, INC 33453 303.303.112 SURVEY SERVICES FOR PROJECT 366.00 Total : 366.00 25079 2/3/2012 000571 CODE PUBLISHING CO 39845 001.013.000 MUNICIPAL CODE UPDATE 68.99 Total : 68.99 25080 2/3/2012 000912 DEX MEDIA WEST JANUARY 2012 001.076.305 ADVERTISING:CP 158.90 Total : 158.90 Page: 1 vchlist 02/03/2012 11:32:41 AM Voucher List Spokane Valley Page: 2 Bank code: Voucher 25081 25082 25083 apbank Date Vendor 2/3/2012 000278 DRISKELL,CARY 2/3/2012 002157 ELJAY OIL COMPANY 2/3/2012 002075 ENVIROTECH SERVICES 25084 2/3/2012 001232 FASTENAL CO 25085 2/3/2012 001447 FREE PRESS PUBLISHING INC 25086 2/3/2012 000179 GFOA 25087 2/3/2012 002235 GRAFOS, DEAN 25088 2/3/2012 000007 GRAINGER 25089 2/3/2012 002568 GRANICUS INC Invoice EXPENSES 0655422 cd201206397 cd201206398 cd201206399 cd201206400 cd201206401 cd201206402 cd201206403 cd201207366 cd201207367 cd201207368 IDLEW79933 IDLEW79934 IDLEW79942 37458 37459 0156860S EXPENSES 9726247324 9729755257 31830 Fund/Dept 001.013.015 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 001.058.056 001.058.056 001.018.014 001.011.000 101.000.000 101.000.000 001.011.000 Description/Account MILEAGE REIMBURSEMENT OIL PRODUCTS: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW LEGAL PUBLICATIONS LEGAL PUBLICATIONS NEWSLETTER RENEWAL Total : Total : Total : Total : Total : Total : TRAVEL REIMBURSEMENT:AWC C Total : SUPPLIES:PW SUPPLIES:PW Total : Amount 35.75 35.75 968.07 968.07 4,834.92 4,731.48 4,733.06 4,839.63 4,693.87 4,883.51 4,709.55 5,088.81 5,040.23 5,060.60 48,615.66 92.93 45.84 3.61 142.38 74.80 87.55 162.35 55.00 55.00 368.52 368.52 35.40 79.27 114.67 BROADCASTING SERVICES 695.68 Page: 2 vchlist 02/03/2012 11:32:41 AM Voucher List Spokane Valley Page: 3 Bank code: Voucher 25089 25090 25091 25092 25093 25094 25095 25096 25097 25098 apbank Date Vendor 2/3/2012 002568 GRANICUS INC 2/3/2012 002271 GRASSEL, BRENDA 2/3/2012 000265 JACKSON, MIKE 2/3/2012 002954 KAESER&BLAIR INC Invoice (Continued) 32708 EXPENSES FEBRUARY 2012 11008118 11010139 11011178 2/3/2012 002953 LITHOGRAPH REPRODUCTIONS, INC 2078 2235 2/3/2012 002552 MDM CONSTRUCTION, INC. 1932 2/3/2012 001035 NETWORK DESIGN&MANAGEMENT 20859 2/3/2012 000971 NORTHWEST IMAGES PHOTOGRAPHY 41215 2/3/2012 002556 NORTHWEST WEATHERNET INC 2/3/2012 000652 OFFICE DEPOT INC. 2011-8685 592804261001 592869627001 592904639001 593518329001 593518424001 593518425001 593730120001 Fund/Dept Description/Account 001.011.000 BROADCASTING SERVICES 001.011.000 TRAVEL REIMBURSEMENT:AWC C Total : 001.013.000 MONTHLY AUTO ALLOWANCE Total Total : 001.016.000 001.016.000 001.016.000 001.016.000 001.016.000 SUPPLIES:CRIME PREVENTION SUPPLIES:CRIME PREVENTION SUPPLIES:CRIME PREVENTION Total : HOME SECURITY SOLUTIONS BRC BULLET PROOF&CPTED BROCHU Total : 101.000.000 2011-2012 ON-CALL ROAD GRADEF Total : 001.090.000 HP NEXT DAY HW SUPPORT FOR F Total : 001.011.000 COUNCILMEMBER PORTRAIT Total: 101.042.000 WEATHERNET SERVICES 001.032.000 001.032.000 001.076.000 001.018.013 001.018.013 001.018.013 001.032.000 SUPPLIES: PW SUPPLIES: PW SUPPLIES:CP SUPPLIES:ADMIN SUPPLIES:ADMIN SUPPLIES:ADMIN SUPPLIES: PW Total : Amount 695.68 1,391.36 27.50 27.50 300.00 300.00 202.92 297.81 211.95 712.68 484.80 600.00 1,084.80 15,400.00 15,400.00 822.86 822.86 13.04 13.04 325.00 325.00 42.21 74.78 24.99 48.11 38.90 8.30 41.84 Page: 3 vchlist 02/03/2012 11:32:41 AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 25098 2/3/2012 000652 OFFICE DEPOT INC. 25099 2/3/2012 000019 PURRFECT LOGOS, INC. 25100 2/3/2012 002952 RAMEL, SIMONE 25101 2/3/2012 002531 SIX ROBBLEES INC 25102 25103 25104 25105 25106 25107 25108 (Continued) 593730271001 594121282001 594121376001 28722 REIMBURSEMENT 5-623748 5-624418 5-624597 5-624608 2/3/2012 002815 SPOKANE CO COMMUNITY SERVICES 14500289 2/3/2012 000001 SPOKANE CO TREASURER 2/3/2012 002835 SPOKANE COURIER SERVICES LLC 2/3/2012 000311 SPRINT 2/3/2012 002254 TOWEY,TOM 2/3/2012 001464 TW TELECOM 2/3/2012 000087 VERIZON WIRELESS 9020100101 2143 959698810-050 EXPENSES 04626047 1049524269 001.032.000 SUPPLIES: PW 001.090.000 SUPPLIES: IT 001.090.000 SUPPLIES: FINANCE 101.042.000 BLACK VINYL:PW 001.016.000 GRANT REIMBUREMENTS Total : Total : Total : 101.000.000 SUPPLIES: PW 101.000.000 SUPPLIES: PW 101.000.000 SUPPLIES:PW 101.000.000 SUPPLIES: PW 001.090.000 4TH QTR 2011: EXCISE&LIQUOR- Total : Total : 001.090.000 2011 VOTER COSTS 001.011.000 BROADCASTING SVCS. 001.058.057 SPRINT CELL PHONES 001.011.000 TRAVEL/MILEAGE REIMBURSEMEI Total : 001.076.305 INTERNET/DATA LINES/PHONE LINT Total : 001.016.000 AIR CARD FOR SHERIFF Total: Total: Total: Amount 11.76 18.47 23.16 332.52 27.18 27.18 346.15 346.15 436.95 31.31 116.31 31.96 616.53 5,051.16 5,051.16 79,251.89 79,251.89 45.00 45.00 108.78 108.78 86.54 86.54 1,274.64 1,274.64 43.01 Page: 4 vchlist 02/03/2012 11:32:41 AM Voucher List Page: 5 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25108 2/3/2012 000087 000087 VERIZON WIRELESS (Continued) Total : 43.01 25109 2/3/2012 002363 WESTERN STATES EQUIPMENT CO PC060675389 101.000.000 PLUG KIT: PW 7.67 Total : 7.67 25110 2/3/2012 001792 WHITEHEAD,JOHN EXPENSES 001.018.016 TRAVEL REIMBURSEMENT 271.10 Total : 271.10 25111 2/3/2012 002839 WIND WIRELESS INC. 72664 101.042,000 WIRELESS TELEPHONE/INTERENT 84.95 Total : 84.95 25112 2/3/2012 002651 WOODARD,ARNE EXPENSES 001.011.000 TRAVEL REIMBURSEMENT:AWC C 461.30 Total : 461.30 131120014 1/31/2012 000001 SPOKANE CO TREASURER 9290200276 001.016.000 LAW ENFORCEMENT 1,368,839.84 Total : 1,368,839.84 45 Vouchers for bank code: apbank Bank total : 1,530,037.13 45 Vouchers in this report Total vouchers: 1,530,037.13 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 5 vchlist 02/03/2012 1:45:54PM Voucher List Spokane Valley Page: Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25113 2/3/2012 001081 ALSCO LSP01090245 001.058.057 FLOOR MATS:BUILDING 33.22 Total : 33.22 25114 2/3/2012 000135 APA 076184-11116 001.058.055 2012 APA MEMBERSHIP: MARY MA` 360.00 096840-11116 001.058.056 2012 APAANNUAL MEMBERSHIP:IG 411.00 Total : 771.00 25115 2/3/2012 000918 BLUE RIBBON LINEN SUPPLY INC 9300078 001.076.305 LINEN SUPPLYAND SERVICE:CEN 71.81 S0024328 001.076.305 LINEN SUPPLYAND SERVICE:CEN 10.63 S0024352 001.076.305 LINEN SUPPLYAND SERVICE:CEN 4.63 50025312 001.076.305 LINEN SUPPLYAND SERVICE:CEN 118.94 Total : 206.01 25116 2/3/2012 000143 CITY OF SPOKANE Jan 2012 402.402.000 TRANSFER STATION: PW 638.96 Total : 638.96 25117 2/3/2012 001169 CITY OF SPOKANE VALLEY JAN 2011 001.058.056 PETTY CASH: 10034,35,36,37,38, 30.02 Total : 30.02 25118 2/3/2012 000326 CONSOLIDATED IRRIGATION#19 January 2012 001.076.300 UTILITIES: PARKS 63.84 Total : 63.84 25119 2/3/2012 001880 CROWN WEST REALTY LLC 30 101.042.000 MAINTENANCE CHARGES:MAINT F 182.22 Total : 182.22 25120 2/3/2012 000321 GREATER SPOKANE INC 83208 001.076.305 ANNUAL MEMBERSHIP DUES:CP 650.00 Total : 650.00 25121 2/3/2012 000070 INLAND POWER&LIGHT CO 94202 101.042.000 UTILITIES:JAN 2012 PW 361.47 Total : 361.47 25122 2/3/2012 001944 LANCER LTD 0423895 001.076.305 BUSINESS CARDS:CARTER 43.93 0424050 001.076.305 BUSINESS CARDS:CARTER REPRI 48.92 Total : 92.85 25123 2/3/2012 000252 LOWE'S BUSINESS ACCOUNT January 2012 001.076.305 OPERATING SUPPLIES:CP 253.60 Page: vchlist 02/0312012 1:45:54PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 25123 2/3/2012 000252 000252 LOWE'S BUSINESS ACCOUNT (Continued) 25124 2/3/2012 001684 MARKETING SOLUTIONS NW CP 1/27/12 Media 25125 2/3/2012 002935 MAX R 25126 2/3/2012 001669 MCGEE, MARY KATE 25127 2/3/2012 000132 MODERN ELECTRIC WATER CO 25128 2/3/2012 001860 PLATT 25129 2/3/2012 000019 PURRFECT LOGOS, INC. 25130 2/3/2012 000935 SERVICE PAPER CO 25131 2/3/2012 000323 SPOKANE CO UTILITIES 25132 2/3/2012 000324 SPOKANE CO WATER DIST#3 645820 Expenses 17857426 0953660 0953813 0998917 28822 110601022 Jan 2012 Jan 2012 25133 2/3/2012 000451 SPOKANE REG SPORTS COMMISSION December 2011 25134 2/3/2012 000420 SPOKANE REGIONAL HEALTH DIST 4th Qtr 2011 25135 2/3/2012 001206 SWANSON'S REFRIGERATION&, RESTA 78161 Total : 001.076.305 ADVERTISING:CENTERPLACE Total : 001.076.300 MESSAGE CENTERS 001.058.057 EXPENSE REIMBURSEMENT 101.042.000 UTILITIES:PW NOT ON MASTER BI Total : Total : Total : 001.076.305 SUPPLIES: CP 001.076205 SUPPLIES: CP 001.076.305 SUPPLIES AT CENTERPLACE:CRE Total : 001.076.305 CENTERPLACE SUPPLIES-SHIRTS Total : 001.076.305 SUPPLIES AT CENTERPLACE Total : 101.042.000 SEWER CHARGES FOR JAN 001.076.302 WATER CHARGES:PARKS 105.105.002 4TH QTR 2011 LODGING TAX REIMS Total : 001.076.300 4TH QTR 2011 001.076.305 WALK IN FREEZER SERVICE: CP Total : Total : Total : Amount 253.60 3,275.14 3,275.14 3,735.05 3,735.05 146.52 146.52 26.60 26.60 223.75 161.12 -77.55 307.32 104.95 104.95 11.78 11.78 45.51 45.51 41.91 41.91 43,444.26 43,444.26 201.00 201.00 119.72 Page: 2 vchlist 02/03/2012 1:45:54PM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25135 2/3/2012 001206 001206 SWANSON'S REFRIGERATION&, RE (Continued) Total : 119.72 25136 2/3/2012 001911 THE GLOVER MANSION CP412 001.076.305 EVENT SERVICES AT CENTERPLAC 2,457.17 CP436 001.076.305 EVENT SERVICES AT CENTERPLAC 108.70 Total : 2,565.87 25137 2/3/2012 000038 WASTE MANAGEMENT OF SPOKANE 1383157-2681-6 001.016.000 WASTE MGMT: PRECINCT 285.27 1383157-2681-8 001.076.305 WASTE MGMT: CENTERPLACE 739.45 1383159-2681-4 101.042.000 WASTE MGMT:MAINTENANCE FAC 181.44 Total : 1,206.16 25138 2/3/2012 001409 WORLD CLASS COMMUNICATIONS 120101186 001M76.305 ANSWERING SVC: CENTERPLACE 22.00 Total: 22.00 26 Vouchers for bank code: apbank Bank total : 58,536.98 26 Vouchers in this report Total vouchers: 58,536.98 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 3 vchlist 02106/2012 10:55:01 AM Voucher List Spokane Valley Page: 1 Bank code: Voucher 3826 3827 3828 3830 3839 25139 25140 25141 25142 25143 apbank Date Vendor Invoice Fund/Dept Description/Account Amount 2/3/2012 000145 VANTAGEPOINTTRANSFERAGENTS,457 PLF Ben42265 2/3/2012 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben42267 2/3/2012 000682 EFTPS 8en42269 2/3/2012 000162 VANTAGE TRANSFER AGENTS,401A EXEC PL Ben42271 2/3/2012 000682 EFTPS 2/3/2012 000120 AWC 2/3/2012 000165 DEPT OF RETIREMENT SYSTEMS 2/3/2012 002227 IDAHO TAX COMMISSION 2/312012 000699 WA COUNCIL CO/CITY EMPLOYEES 2/3/2012 002574 WASHINGTON TRUST BANK 10 Vouchers for bank code: apbank 10 Vouchers in this report Ben42275 Ben42255 Ben42273 Ben42257 Ben42259 Ben42261 Ben42263 001.231.18. 001.231.14. 001.231.11. 001.231.14. 001.231.11. 001.231.16. 001.231.16. 001.231.15. 001.231.50. 001.231.21. 001.231.20. 457 DEFERRED COMPENSATION:Payn Total: Total: Total: Total: Total: 401A:Payment FEDERAL TAXES:Payment 401 EXEC PLAN:Payment FEDERAL TAXES:Payment HEALTH PLANS:Payment HEALTH PLANS(COUNCIL):Payment Total: PERS:Payment Total: IDAHO STATE TAX BASE:Payment Total: UNION DUES:Payment Total: BERG20110-02-03952-4:Payment Total: Bank total: Total vouchers: 5,640.15 5,640.15 25,963.00 25,963.00 37,544.29 37,544.29 1,052.33 1,052.33 743.24 743.24 105,028,93 6,562.95 111,591.88 58,881.23 58,881.23 1,401.45 1,401.45 2,253.18 2,253.18 888.92 888.92 245,959.67 245,959.67 Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-14-2012 Department Director Approval : ❑ Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending January 15, 2012 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 228,434.46 Benefits: $ 36,878.37 Total payroll $ 265,312.83 STAFF CONTACT: Raba Nimri CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-14-2012 Department Director Approval : Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending January 31, 2012: GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 270,789.35 Benefits: $ 141,883.15 Total payroll $ 412,672.50 STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,December 27,2011 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff Tom Towey,Mayor Mike Jackson,City Manager Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney Bill Gothmann,Councilmember Mike Stone,Parks&Recreation Director Dean Grafos,Councilmember Neil Kersten,Public Works Director Chuck Hafner,Councilmember John Hohman,Community Dev. Director Arne Woodard,Councilmember Carolbelle Branch,Public Information Officer Carrie Koudelka,Deputy City Clerk Absent: Brenda Grassel,Councilmember INVOCATION: Pastor John Vanderwalker of Community of Christ Church led the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: Deputy City Clerk Koudelka called the roll, all Councilmembers were present except Councilmember Grassel.It was moved by Councilmember Grafos, seconded, and unanimously agreed to excuse Councilmember Grassel from the meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded, and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Deputy City Clerk Koudelka administered the oath of office to Councilmembers-Elect Dean Grafos and Ben Wick. Mayor Towey administered the oath of office to Councilmember-Elect Arne Woodard.Mayor Towey then read and presented a plaque to Councilmember Gothmann in appreciation for the years of service he has given to the City as both a Planning Commissioner and Councilmember. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Woodard gave no report. Councilmember Gothmann said he attended the SNAP meeting, the Spokane Valley Employee Appreciation dinner, the Spokane Valley Chamber breakfast, and the SNAP annual party. Councilmember Grafos gave no report. Deputy Mayor Schimmels said he attended the Spokane Valley Chamber Transportation Committee meeting, the grand opening for Walmart, and toured the City's facilities with staff and Council. Councilmember Hafner said he attended the Walmart opening ceremony, the Washington Transportation Commission meeting where they reported they sent out questionnaires to 1000 people in the state regarding their feelings on roads, infrastructure and preservation to try to come up with a means to take care of preservation of roads. He said that while Spokane Valley is doing fine now, we need to consider our road conditions and how we will address concerns so that Spokane Valley is not in the same situation as many other cities around the state. Council Regular Meeting 12-27-2011 Page 1 of 7 Approved by Council: DRAFT MAYOR'S REPORT: Mayor Towey said he attended the city tour and visited the different areas and projects of the City. He said he also attended the Transportation Council meeting and the Walmart groundbreaking. PUBLIC COMMENTS: Mayor Towey invited public comments. Margaret Mortz, 3420 S. Ridgeview Drive - Ms. Mortz said she would like the signal at Progress and Sprague to be accessible and more compatible with ADA requirements and with future economic development. She said the December 17 edition of the Spokesman Review had an article that said the City is considering removal of the current signal due to the decline in traffic volume. She said according to the ADA,people with mobility problems have a right to public transportation and the signal at Sullivan is not accessible. She said the City should focus on enhancing the infrastructure for new business. She said if a new business moves in to the former Yokes building, they will need a protected left turn lane for access. She said under ADA it just takes one person with a vision or mobility problem to file a grievance with the Department of Justice and is conditioned upon access to public transit. She said there are bus stops at Progress and ADA compliance is required when there is any major construction and she said the reconstruction of Sprague qualifies as a trigger for ADA compliance. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 12/09/2011 24567-24585 $67,858.61 12/09/2011 24566;2458624630; 1205110013 $363,416.72 12/19/2011 24631-24684 $379,643.52 12/20/2011 3780-3783 $6,441.00 12/21/2011 24685-24708 $56,210.27 GRAND TOTAL $873,570.12 b.Approval of Payroll for period ending December 15,2011: $267,719.89 c.Approval of December 6,2011 Council Study Session Minutes d.Approval of December 13,2011 Council Meeting Minutes It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. First Reading Proposed Ordinance Amending SVMC 20.80.030(F), Boundary Line Adjustment — Marty Palaniuk After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance the ordinance amending SVMC 20.80.030(F) to a second reading. Planning Technician Palaniuk said on December 13, 2011, he reported to Council on the Boundary Line Adjustment and the requirements in this Code Text Amendment. He said the amendment allows the City to process simple boundary line adjustments without requiring a record of survey and provides flexibility in determining if a survey is necessary after evaluating the proposal. Mayor Towey invited public comment;none offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 3. Proposed Resolution 11-012 Repealing and Replacing Resolution 06-025,Council Health Benefits— Cary Driskell It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 11-012 repealing and replacing Resolution 06-025 specifying the insurance plan and health related benefits. City Manager Jackson said Council discussed this topic at the December 13, 2011 meeting and he explained the Council Regular Meeting 12-27-2011 Page 2 of 7 Approved by Council: DRAFT resolution would accurately reflect the practice that has been in place since 2003 incorporation. He said the first change is in Section 1, second paragraph adding that the City will pay 100 percent of either benefit plan for Councilmembers. The second change is in the third paragraph removing a reference to Councilmembers regarding the Premium Only Program because Council would not have a need for that program due to not paying for their benefits. Also, the words "and Councilmembers"were added to the last sentence of Section 6. The new resolution also breaks out the first paragraph of Section 1 into three separate paragraphs for clarity. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 4.Mayoral Appointments of Planning Commissioners—Mayor Towey Mayor Towey said there were twelve applicants for the two openings on the Planning Commission and he then read the purpose of the Planning Commission. He said he interviewed all twelve applicants and was impressed with their qualifications, which made for a difficult decision.It was moved by Deputy Mayor Schimmels and seconded to approve the Mayoral appointments of Lewis Higgins and Steven Neill to the Planning Commission. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited public comments;no comments were offered. ADMINISTRATIVE REPORTS: 5. Snow Plowing Policy—Neil Kersten Public Works Director Kersten explained this item is on the agenda at the request of Councilmember Grafos. He said he will outline the policy and Council can discuss any changes they want to make. He then explained the priorities as outlined in the packet. Mr. Kersten said we have four priorities: Priorities 1 and 2 are the arterials, Priority 3 relates to the hilly areas and Priority 4 is the flat, residential valley floor. He said under Priority 4, the term "substantially inhibited" as it relates to residential plowing is confusing.He said the way his department determines when traffic flow is substantially inhibited is when snow accumulates to four inches or more, and they look at a number of factors such as the amount of snow, the number of complaints we receive on our complaint system, and personal observation by staff. He said it varies greatly across the city, but he said as two-wheel drive cars start to have problems getting around they will do a full plow,primarily with residential contractors. Councilmember Hafner asked what "substantially inhibited" means. Mr. Kersten said when there is four inches or more of snow and we expect to get more snow, and when we start receiving a number of complaints from people having trouble getting around in various areas, his staff looks at those areas and then he talks to the City Manager to make a decision about doing a full plow. He said the contract road graders plow the residential areas because by the time we order them plowed the snow is very compact and hard so they need a grader. Councilmember Hafner said clarification is in order. Mr.Kersten agreed that the term is confusing. Mayor Towey asked if it would be beneficial to delete the word "substantially." Mr.Kersten agreed. City Manager Jackson said this plan means whatever the Council wants it to mean. He said the intent was to balance the cost of snow removal and the impact to residential citizens.He said not all citizens agree as to when we should plow.Mr.Kersten said that removing the word would not affect how they do business and would not affect the budget. He said each time we plow the residential streets the cost is roughly between $60,000 and $80,000, and if snowfall continues, the cost is significantly higher. Councilmember Grafos said that figure is the cost for a full plow. Mr. Kersten said it is actually for the residential streets only and he can get Councilmember Grafos those numbers if he would like. Council Regular Meeting 12-27-2011 Page 3 of 7 Approved by Council: DRAFT Mr. Kersten said that de-icing Priorities 1, 2, and 3 pertain to bridges, intersections, and hillsides respectively. He said depending on the condition,when snow develops on the roadways they may or may not fully de-ice the entire length of the arterial. He said we have improved our methods in de-icing arterials and intersections and we are now able to de-ice Sprague with just one truck and it is able to do all three lanes with one pass, which makes it more efficient and keeps our cost lower. Before it snows they will use the liquid de-ice, but once there is snow on the ground they use the granular. He said as long as they don't get rain, the granular de-ice will stay on the roads for a few days and continue to work and is very cost effective.He said they generally don't de-ice Priority 4 roads other than a few areas where there are steep hills and a few roads around schools where people are stopping and dropping off children.He said traffic is typically slower in the residential neighborhoods so there is not much need for de-icing. Mr. Kersten said it takes two full days with all trucks and graders running to do a City-wide full plow. Councilmember Grafos asked Mr. Kersten to provide him with firm numbers on plowing costs.Mr. Kersten said on November 27, 2010, the cost for contract road graders to plow Priority 4 residential streets was $63,000. He said they did a second plow in early December 2010 that cost $58,000, and in February 2011 they plowed most of the city but weren't able to do all the roads before the conditions changed and that cost was $49,000. Councilmember Grafos asked what the budget is for plowing through December.Mr.Kersten explained we have an annual budget amount of$520,000 per calendar year so it is for January,February, March, and then November and December. Whatever is left if we do not spend all of the $520,000 goes back into the street fund. Mr. Kersten said by comparison, Spokane only uses liquid de-ice and they spend about $1,500 for each lane mile and have a $2.8 million budget. Spokane Valley has about half as many streets and we spend $519 per lane mile which is 1/3 the cost of Spokane.He said we also don't have the same level of service as Spokane but he thinks we're fairly efficient. Spokane Valley has five employees plus contract services where Spokane has forty-nine employees.Mr. Kersten said if Council wants to propose changes, he will provide a cost estimate for those changes. He said last year we did not receive many complaints and he felt we provided a good level of service at a very good cost, but with more money in the budget we can make it better. He recommends they remove the word "substantially" in the Priority 4 residential plowing but otherwise he thinks the plan is fine and people seem to be satisfied with the level of service.All of our de-ice trucks and plows are equipped with GPS for tracking their location. City Manager Jackson commented that residential streets were designed to be just a few blocks from arterials for easy access. Councilmember Grafos asked why the level 1, 2, and 3 priorities use four inches as the indication to plow vs. the threshold of"inhibited" in the Priority 4 level. He said if there are four inches of snow in the valley floor, we should plow it because citizens are paying for it. Mayor Towey said he thinks if we define when we plow in black and white and then abide by that every time, the costs will go up. He said in reviewing the comments and complaints we received he thinks we're doing a pretty good job,but if our plan says we plow everything when we get four inches of snow, it takes away our flexibility and there are too many variables to be restricted to plowing at a specified depth,such as a projected warming trend. He said he likes the flexibility we currently have.He said we should continue to monitor the plan but when it comes down to it, someone has to make the decision on when we actually plow. Councilmember Hafner said winter is upon us and this should have been discussed two or three months ago. City Manager Jackson said this plan was reviewed and adopted by Council last year and we can bring this back for review and adoption each year if it is the desire of Council.Mr. Kersten asked for Council direction. Councilmember Hafner asked when they normally discuss this plan and City Manager Jackson said this should be discussed in advance of the budget adoption discussion. He recommends bringing the plan back to Council for discussion with the changes recommended and said Council can think about any other changes they want to propose before bringing it back again for adoption.Mr. Kersten said to let him know if he can get them any other information so he will have it Council Regular Meeting 12-27-2011 Page 4 of 7 Approved by Council: DRAFT for Council. Mayor Towey said it would be interesting to see how many positive and negative comments we get from citizens. Mr. Jackson said he would try to get that information from our service request system. 6. Pines Road Project#0061 Consultant Agreement with Transpo—Neil Kersten Public Works Director Kersten said this project is funded by a grant by CMAQ which is a federal grant for Congestion Mitigation and Air Quality. This project is for the engineering design services to install fiber optic cable, traffic cameras and connect traffic signals to the Spokane Regional Transportation Management Center from Sprague to Trent on Pines. The quote from Transpo Group is $199,763 and the grant is for $1,801,900 with a match from the City of$281,221. Mr. Kersten said this contract amount is within the City Manager's authority but because it is so close to the $200,000 threshold, they wanted to bring it to Council because there is a good chance there may be a change order along the way. Councilmember Woodard asked if this ITS system is going to control the three intersections mentioned on page 7 as not being included in the scope of the project or if the controllers are new enough at those intersections that they do not need to be replaced. Mr. Kersten said he would find the answer and bring that back to Council. He said he thinks it should include control of every intersection from Sprague to Trent but he will verify that and bring the information back for Council.It was the consensus of Council to bring this back to the January 10, 2012 meeting for consideration. Mayor Towey called for a break at 7:16 p.m. The meeting reconvened at 7:30 p.m. 7. Street Maintenance Contract Renewal—Neil Kersten Public Works Director Kersten said that Council had requested he give Council more information regarding this contract and he is hopeful that he's brought back all the information as requested for Council to see if the current contract is reasonable. He then went through his slide presentation. He said Poe's cost per square yard for preservation work on average is $12.83. He used the Broadway Safety Project bid as a good comparison of competitive bids for street preservation. Poe was the low bidder on that project at $11.70 per square yard, Inland Asphalt bid $14.35, Cameron-Reilly bid $16.00 and Spokane Rock bid $19.10. He said in using this comparison, he thinks the current contract with Poe for street maintenance is very competitive to current bids. Councilmember Grafos asked if there is a warranty on the grind and overlay projects. Mr. Kersten said under the Washington State Department of Transportation contract, there is no warranty when we receive federal funds for the project, but if we are using local funds we usually have a warranty. The current Poe contract uses local funds and, typically whenever there is a problem,they fix it. Mr. Kersten then compared the 2011/12 on-call grader bid to Poe's current snow removal contract. Poe's hourly rate is $157.15 per hour. Seven bids came in ranging from $120/hour to $200/hour. He said they granted contracts to six of those seven bidders,bud did not contract with Spokane Rock because their bid of$200/hour and $700 mobilization rate was nearly twice as much as the other bids. He said under the current Poe contract,they mobilize one time and then the trucks are on our lot and ready to go as soon as we need them with no additional mobilization charges.He said in comparing Poe's contract rates for 2011 and 2012, the overall 2012 rate has gone down 6.8%. He said he thinks Poe has provided excellent service, they are familiar with the streets and City operations, are efficient and cost effective and have been plowing our streets for the last three years. He recommends renewing Poe's contract for 2012 and honoring the seven-year intent of the contract as long as they continue to provide excellent service and their rates remain competitive. He said he thinks it improves the bid if a contractor knows they will have a long-term contract as long as they provide good service.He said this contract runs through 2014 and is due to re-bid for 2015. Councilmember Grafos said there is nothing that says the City has to pay more than the Washington State Prevailing Wage rate for a contract so we should not have to pay the $1.50 more per hour that Poe is Council Regular Meeting 12-27-2011 Page 5 of 7 Approved by Council: DRAFT paying their foremen or superintendents. Mr. Kersten said the prevailing wage rates are for the operators and that foremen and superintendents get paid more because they are supervising the operators. City Manager Jackson said the prevailing wage rates are the minimum rates of pay, they can be paid more but not less. Councilmember Grafos said he thinks any additional pay over the prevailing wage rates that the contractor pays their workers should not be reflected in the wages but should be in their profit and overhead. Mr. Kersten said that is not how the contract was bid. The City has to pay their cost plus 22 percent overhead and profit and it is likely that if the City said they would not pay anything over state prevailing wages the contractor would shift those costs and raise the 22 percent overhead and profit amount to cover the costs. Councilmember Grafos said the next contract should have the provision that the City will not pay over the state prevailing wage. Mr. Kersten said that is up to Council but this is a standard contract. City Manager Jackson said we can look at that but he doesn't know that it will change the overall bid amount and the lowest total cost is what we look at in awarding a contract. Mr. Kersten said he doesn't believe the extra pay belongs in cost and overhead and said again that this is a standard cost-plus contract. He said it is up to Council to deviate from the normal process,but he agrees with Mr. Jackson that it would not change anything because the contractor will simply slide that cost into overhead and profit and raise that rate to cover their costs. Councilmember Woodard said he thinks if we re-bid it in today's market the cost and overhead rate of 22 percent would be closer to 18-19 percent. He also said there are provisions in the RFP that run the contract cost up considerably such as the five-year or newer provision for equipment and he said no contractor amortizes new equipment over a five-year period and they can't bid a project with owned, newer equipment. He said in section 4.3 on page seventeen of the RFP, contractors have asked him the purpose for the requirement of using equipment that is no more than five years old.Mayor Towey said we are in a seven-year contract with annual renewals based on specific factors such as performance. He said that if after the seven year period Council wants to reduce the term to four or five renewal options,Council can do that but we are in a seven-year contract and he said he thinks there is a benefit to a company to have that stability as long as they perform for the citizens. He said if we start to bid every year, they will lose that stability and he thinks we should continue to monitor the contract each year but honor this contract. Councilmember Gothmann said it is important to have quality work as well as low cost. Mr. Kersten said he can make some changes in the next bid but even if we get a bid with lower prices, the overall cost could still be more due to less efficiency of a new contractor or various other factors. Councilmember Hafner said he doesn't know if it would be fair to Poe if we were to re-bid this contract now.He said he thinks we should move forward with the Poe contract. Mayor Towey said we should bring it back for a motion consideration. Mr. Kersten asked if they want to do a short-term change order to the current contract for snow removal to get through the remainder of the year and there were no objections from Council. It was the consensus of Council to bring the contract back on January 10, 2012,for consideration. 8. Sweeping Contract Renewal—Neil Kersten Public Works Director Kersten said this contract is similar to the street maintenance and bid about the same time.He said in this renewal they have requested a two percent increase for 2012.He explained that comparisons for the sweeping rates are more difficult than street maintenance because there are not many sweepers to compare. He said he thinks the prices are reasonable, the current contractor provides good service and we are able to sweep more road than we have in the past. He said he recommends we renew the contract. Councilmember Hafner asked what other agencies provide sweeping services. Mr. Kersten said there are very few and none in Spokane Valley at this scale of sweeping. Councilmember Grafos said that when this contract comes back for consideration he would like to approve a one percent increase rather than the requested two percent. Mr. Kersten said he can discuss that with the contractor but that he would like consensus from the Council that that is the direction of the full Council. Mayor Towey said he doesn't Council Regular Meeting 12-27-2011 Page 6 of 7 Approved by Council: DRAFT think two percent is out of line. Councilmember Woodard said one percent is closer in line with what he thinks it should be with regard to maintaining and repairing equipment. Councilmember Gothmann said Social Security recipients are receiving a 3.6 percent increase because the consumer price index is going up this year and repair prices have not gone down. Councilmember Hafner asked what the cost difference is between one and two percent for this contract. City Manager Jackson said the difference is $4,500.He also said it is the responsibility of staff to negotiate the terms of a contract and to negotiate the best contract possible. He said that doesn't always mean the lowest cost, but takes into consideration service levels provided. He said it is not for Council to make counter-offers, but he understands the intent of Council to ask for a lower rate. He said staff will talk with the contractor to see if anything can be done to lower their requested rate of increase.Mayor Towey said the contract will come back on January 10, 2012 for consideration. 9.Advance Agenda—Mayor Towey City Manager Jackson asked that Council save any information from their packet if they want to retain it for a future meeting because we are trying to use less paper in the packets. He said we will continue to provide electronic links to the information on our website. He also mentioned a letter we received from the County to the City of Spokane regarding a termination notice issued to Spokane should they decide to transport their prisoners to another jail that might impact the cost to the County or other jail partners, the County would have the ability to renegotiate and recalculate those costs. INFORMATION ONLY(will not be discussed or reported): The Senske Maintenance Contract Renewal,Department Reports and Street Preservation items were for information only and were not discussed or reported. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:40 p.m. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Regular Meeting 12-27-2011 Page 7 of 7 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,January 10,2012 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff Tom Towey,Mayor Mike Jackson,City Manager Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney Dean Grafos,Councilmember Neil Kersten,Public Works Director Brenda Grassel,Councilmember Mark Calhoun,Finance Director Chuck Hafner,Councilmember John Hohman,Community Dev. Director Ben Wick,Councilmember Mike Stone,Parks&Recreation Director Arne Woodard,Councilmember Steve Worley, Senior Engineer Marty Palaniuk,Planning Technician Morgan Koudelka, Sr.Administrative Analyst Christine Bainbridge,City Clerk INVOCATION: Pastor Matthew Larson,Advent Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll;all Councilmembers were present. 1. ELECTION OF COUNCIL OFFICERS: City Clerk Bainbridge explained the procedure for the selection of Mayor, and opened the floor for nominations for Mayor. Councilmember Hafner nominated Tom Towey. There were no further nominations and the nominations for mayor were closed. Vote by a show of hands resulted in a unanimous vote for Tom Towey for Mayor; none opposed. Mayor Towey expressed thanks to Council and staff, and then conducted the same process for selection of the Deputy Mayor, with Councilmember Woodard nominating Gary Schimmels for Deputy Mayor. There were no further nominations and the nominations for deputy mayor were closed. Vote by a show of hands resulted in a unanimous vote for Gary Schimmels for Deputy Mayor; none opposed. Deputy Mayor Schimmels also extended thanks. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner said he visited Vallejo, California over the holidays and said their financial matters led them bankrupt, and that one of the reasons for the lack of revenues was they didn't welcome in businesses but wanted their city to stay the same as it has always been, and therefore, didn't encourage growth. Deputy Mayor Schimmels, and Councilmembers Grassel and Grafos had no report. Councilmembers Wick and Woodard mentioned they attended the AWC (Association of Washington Cities) Elected Officials Essentials Workshop with about forty to fifty other elected officials; and Councilmember Wick mentioned a presentation concerning social media, and said that would be a future good topic for this council when the City is ready for such. MAYOR'S REPORT: Mayor Towey had no report. PUBLIC COMMENTS: Mayor Towey invited public comments. Angela Falcone, 502 S. Union Road: spoke concerning an upcoming Central Valley School District Levy on the February ballot; and of their kick-off rally next week; and said the key point focus will be that Council Regular Meeting 01-10-2012 Page 1 of 6 Approved by Council: DRAFT good schools are essential to maintaining a vibrant community, and she invited Council's support and invited them to attend the rally. Harry Sladich, 7011 E. Trent: said he works for the Red Lion Hotel Corporation, and owns a business at 7011 E Trent; and came here to comment on various headlines in recent past Spokesman Review/Valley Voice regarding Valleyfest; said he has extensive first-person experience with lodging tax and Valleyfest as he was the former CEO of the Spokane Regional Convention and Visitor's Bureau; he mentioned a newspaper article which referred to a bribe for an application not being submitted; and said he was there at the time and that did not happen; that Peggy Doering had been told for years by the Valley hotel committee that Valleyfest did not generate room nights; and said she was encouraged to approach local businesses to get her needed funding because the hoteliers didn't want the lodging tax to continue to fund Valleyfest. Mr. Sladich said that Mr. Claussen said that his personal business would be the first business to step up and give her$2,000, and Mr. Sladich said that offer was not intended to sway Ms. Doering and that this was not clarified by Ms. Doering he said is very disappointing. Mr. Sladich said that former Councilmember Gothmann's statement is correct that the committee and the Council can use funds to fund Valleyfest, but Mr. Sladich said that the events should generate incremental room nights to perpetuate the fund, and said therefore, no room nights, no money; he said the event does not generate any rooms to any notable degree, and said he knows that from firsthand experience. He said he realizes Ms. Doering disagrees; that Gonzaga conducted a survey but he said it did not address who was in the region and who specifically came; he said Valleyfest is a fun event, but every city and town has an event that has a festival; and said Valleyfest is not the type of event that he feels any councilmember would take their family to 300 miles away and get a hotel room,and said Valleyfest doesn't deserve that effort from a tourist,unlike Hoopfest and Bloomsday held in Spokane. Mr. Sladich said he finds it distributing that Ms. Doering is allowed to vote for herself in the funding process; and he questions that issue for anyone to be able to vote for themself. Mr. Sladich said in the article Ms. Doering wrote it appears the City does not support Valleyfest; but said he feels the City has been very supportive of Valleyfest. He said he enjoys the event but it doesn't generate overnight rooms; and he challenged the committee to use the funds to create a legendary event the city deserves. Mr. Sladich offered that council consider why would the hoteliers be so opposed to something if it truly generated so many rooms; but he said the event does not generate hotel rooms. Tony Lazanis, 10626 E. Empire Way: said he doesn't think Mr. Sladich has proof that Valleyfest doesn't generate lodging because it does; and said unless every person coming through the gate were asked,there is no way to verify that; and said Valleyfest is a great thing for the Valley and we need to keep supporting it;and that it does qualify for state lodging money. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 12/23/2011 24709-24776 $298,007.73 12/30/2011 24777-24791; 1222110145 $ 19,096.28 12/30/2011 24792-24805 $ 20,482.12 01/03/2012 5388-5391 $ 682.00 01/04/2012 3795-3809; 24806-24811 $250,478.52 GRAND TOTAL $588,746.65 b.Approval of Payroll for period ending December 30, 2011: $312,427.77 c.Approval of Minutes of December 27,2011 Formal Format Council Meeting It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda. Council Regular Meeting 01-10-2012 Page 2 of 6 Approved by Council: DRAFT NEW BUSINESS: 3. Second Reading Proposed Ordinance 12-001,Code Text Amendment,Boundary Line Adjustments— Marty Palaniuk After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 12-001 amending Spokane Valley Municipal Code 20.80.030(F) regarding Boundary Line Adjustments. After Planning Technician Palaniuk went over the history of the proposal,Mayor Towey invited public comments. No comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 4.Motion Consideration: Pines Road Project#0061 Transpo Consultant Agreement —Steve Worley It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager or designee to execute a consultant agreement with the Transpo Group in the amount of$199,763 for design services on the Pines Road ITS Project. Engineer Worley explained the project, and also noted that the reason why the Pines Road intersections at Sprague, Mission and Mansfield are not included in this scope of work is that those intersections with Pines Road are already connected to the SRTMC (Spokane Regional Transportation Management Center) via fiber optic cable. Mayor Towey invited public comment; no comments were offered. Vote by acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5.Motion Consideration: Street Maintenance Contract Renewal—Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to approve the contract with Poe Asphalt,Inc. in an amount not to exceed $1,685,119 for Street and Stormwater maintenance and snow removal and authorize the City Manager to sign the contract. Public Works Director Kersten explained that there has been much discussion on this contract;that council discussed the increases at the last meeting,and that he went back to calculate those, which resulted in a .03% increase and when adding in materials, the total contract would decrease 6.8% for next year; he mentioned the Amended Exhibit A showing in red the amended amounts as a result of a few minor errors resulting in a difference of about .500. There was additional discussion concerning the prevailing wages and that some of the figures were above that; mention that Poe was the lowest bidder; and that the errors in the contract although small, were still of concern, that the contract is confusing, and of the need not to have errors in future documents, and that Councilmember Woodard's biggest concern is that he feels we are paying too much based on the RFP (Request for Proposal). There was also questions from council of what might be the result if the contract were not approved; and other than not having a contract for winter snow plowing, Mr. Jackson said he would have to research that issue, and Mr. Driskell mentioned staff would have to evaluate possible consequences. Mayor Towey invited public comment;no comments were offered Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner, Grassel, Wick and Woodard. Opposed: Councilmember Grafos. Motion carried. 6.Motion Consideration: Street Sweeping Contract Renewal—Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to approve the contract with AAA Sweeping in an amount not to exceed$490,199.94 and authorize the City Manager to sign the contract. Public Works Director Kersten mentioned that a representative from AAA contacted him and offered to reduce the contract to a total increase for the year of 1% above last year's contract. Mayor Towey invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 7.Motion Consideration: Traffic School Interlocal Agreement—Morgan Koudelka It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the Interlocal Agreement between the City of Spokane Valley, Spokane County, and the Spokane County Sheriff for Participation in Traffic School. Mr. Koudelka explained that this was brought before Council several months ago, at which time there was no objection from Council to proceed, but there was some discussion on Spokane County's side which delayed us getting this back to Council sooner; he said aside from this being a one-year contract, there were no changes; and said the one year period is so Spokane Council Regular Meeting 01-10-2012 Page 3 of 6 Approved by Council: DRAFT County can assess it after one year to see if they would feel comfortable with the agreement for a longer period of time. Councilmember Grassel asked why aren't people who receive traffic tickets from the State Patrol allowed to participate, and why there isn't an option for deferral listed on the back of the ticket; and Mr.Koudelka said the traffic school is run by the County Sheriff s office which does not have jurisdiction over state offenses; and that he will research those questions further for a more definitive answer. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments; no comments were offered and Mayor Towey called for a recess at 7:05 p.m.,and reconvened the meeting at 7:20 p.m. ADMINISTRATIVE REPORTS: 8. Spokane Co. Library Facilities Master Plan—Chair Tim Hattenburg Spokane County Library District Board of Trustees Chair Hattenburg gave a PowerPoint presentation concerning the Library's Facilities MasterPlan,which included reasons why their current facilities are no longer adequate to meet all needs; their plan to relocate and replace three branches, add three new branches, and expand and remodel six branches;he mentioned a$50.8 million bond funding proposal for the voters in 2014 or 2015,with an anticipated completion date for all projects of 2025 or 2026. For the South Valley branch, Mr. Hattenburg mentioned the land is not yet acquired, that they need approximately two acres and ideally the branch would be along the Pines Road and 32"d Avenue axis. For the City of Spokane Valley Library,Mr. Hattenburg said the site is not yet acquired, and they would need approximately four acres, with an ideal location of Sprague Avenue between University and Pines Road, and said the approximate cost for this project would be $26 million of the $50.8 million mentioned earlier; he said they have narrowed their site choices to four, with a top choice of the west half of the eight-plus acres at Sprague and Herald owned by the Pring Corporation. Concerning that location, Mr. Hattenburg said the owner is firm about selling only the entire site, that the Library only needs the west half of the property and that they cannot purchase the entire eight acres; and the Library's proposal is for the City of Spokane Valley and the Library District to discuss joint purchase of the entire eight-plus acres, and said if Council is interested, staff could begin to work out details of a purchase offer and interlocal agreements. Councilmember Grafos asked how many additional employees would be needed for this branch, and Mr. Wirt responded they would likely have to increase their staff by at least one third to one-half, and it was noted their current staffing is approximately 33 full-time equivalents. In response to a question about putting a bond issue on the ballot, Mr. Hattenburg said it would be a County-wide ballot issue as that gives more opportunity for the bond to pass, that they have decided to wait until 2015 due to the current economic situation, and if the situation doesn't change, they could move the project out another few years. Councilmember Wick asked if this project were to move forward, would the Library District have the funds now to split the purchase of the eight-acre area or would the Library wait for the outcome of the bond issue, and Mr. Hattenburg responded that they could pay for half of one of the parcels, and said the lowest surplus they have had has been $1.2 million in the general budget, and said they are projecting $1.5 to $1.7 million in surplus over the next two years; and said they could come up with half for one of the parcels; and said the Board would also have the option to sell bonds to pay for the other half over a ten-year period. Council discussion included comment from Councilmember Grafos that he feels it is a good situation, that the City's Master Park plan addresses the idea of having more than the current 172 acres in public parks, and of the plan for a total of 560 to 938 acres. Mayor Towey mentioned we are currently in the process of going through the Parks and Recreation MasterPlan,with the idea of finalizing that plan during the summer. Mr. Jackson confirmed that we are just initiating the process and that Mr. Stone is preparing to advertise with a Request for Qualifications; that we are hoping to finish the update of the Master Plan by the end of July; he said the update of the plan will include an inventory of facilities, taking public comment concerning the need and priority of those needs; and suggested that would be an opportune time to use that Plan to help determine the need prior to moving forward; but if Council prefers to move forward otherwise, he said he'd be happy to do that as well. Councilmember Council Regular Meeting 01-10-2012 Page 4 of 6 Approved by Council: DRAFT Hafner said we should "strike while the iron is hot" rather than wait for the masterplan as sometimes a plan hinders more than helps. Councilmember Woodard added that this proposal might meet the concerns mentioned in the past that there is just so much land available to meet the requirements of a park, and he mentioned the idea of car shows and said there is currently no site for car shows to bring in one-thousand cars or so, and said if this park were the choice for those activities, that this could become our City's Riverfront Park; and said if we wait,we could lose this opportunity; that this would be an opportunity for better exposure for the library, and the opportunity to use our "downtown central park area" if we have enough"foresight and guts to do something about it." In disclosure,Councilmember Grafos said that this is the Pring property,and that Mr. Pring donated to his campaign; he also stated that this City spent a million dollars with consultants from California who tied up the City for about seven years with a Sprague/Appleway Revitalization Plan, and that part of that plan included a library; and said he would be in favor of moving forward tonight and start working with the Library Board to put this together and move forward immediately. Mayor Towey agreed it is always good to expand our park space, and said he feels the dialogue should begin. Councilmember Wick also suggested working together with the Library Board on this issue as he feels it is a good partnering opportunity, but said that caution should be exercised as council looks forward to sharing input on the strategic planning, and whether this might be the best opportunity for us at the moment, or whether a park, city hall,or other project should be considered; and said while he feels it is a good idea,he wants to make sure we get all the details and examine the entire proposal without rushing through. Councilmember Grassel said there has been talk in the past about a city center and of a park and/or library, and said she would not want to commit to purchasing the land at this point,but feels the need for due diligence; that perhaps council should revisit the Park Road Property, or have the Balfour Park take legislative precedence. Of the four options, Mr. Hattenburg said this is the best option for their facility and for the opportunity to partner with the City. Mayor Towey asked if City Manager Jackson could instruct staff to get more information and start the dialogue with the library staff and Mr. Jackson concurred. Mr. Hattenburg added that tonight's goal was to get discussion started, and said he has no specific deadline; and in response to Councilmember Grassel's question about the purchase of the land, Mr.Hattenburg said they would prefer to have the land purchased prior to the bond/ballot issue. 9. Senske Contract Renewal—Mike Stone Parks and Recreation Director Stone discussed the Senske contract and the history of the contract, which was approved by Council in 2009 as a one year contract, with six, one-year renewal options based upon satisfactory performance; he said for 2012 the negotiated 1% contract increase is to cover the increasing cost of materials such as fuel, fertilizer, weed control and other raw materials, as well as for maintenance needed for Greenacres Park and for the new picnic shelter at Terrace View Park. Councilmember Woodard said he would like a complete copy of the contract as well as the RFP (Request for Proposal); and Mr. Jackson said staff will make sure Council gets all the information, which might mean pushing this issue back a little. Mayor Towey agreed that this issue could come back to Council January 17 pending staff gathering all the information. 10.Advance Agenda—Mayor Towey The library proposal was discussed and Mr. Jackson said staff should be able to have an initial discussion ready for the January 31 council meeting, and include the discussion at the council February retreat as well. Councilmember Grafos brought up the issue of graffiti and asked about having our Code Enforcement Officers take a more proactive stance even though we are complaint driven; and City Attorney Driskell explained the procedure used now with the SCOPE officers; that the SCOPE officers make a referral to us if the problem is not eradicated, at which point our code enforcement officers get involved along with a notice and order for the property owner. Police Chief Van Leuven also commented on the efficiency of the system, as did Councilmember Hafner, who is on that board. Mr. Jackson said if council would like, we could have further discussion on the complaint-driven process at a later time. Councilmember Wick suggested there could be other options to address graffiti,such as a painter's park. Council Regular Meeting 01-10-2012 Page 5 of 6 Approved by Council: DRAFT City Manager Jackson mentioned that Council is likely aware that we were not granted funds from the TIGER III grant for the replacement of the Sullivan Bridge; that he has been in contact with our lobbyist and they discussed the Jobs Bill and potential transportation funding; and said with Council's permission, he would like to add this issue to the Council's Legislative Agenda and bring that back to Council next week for approval consideration. There were no objections. INFORMATION ONLY: Item#11 City Hall at the Mall, and Item#12 Spokane Valley Municipal Code Housekeeping Items were for information only and were not reported or discussed. There being no further business, it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:16 p.m. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Regular Meeting 01-10-2012 Page 6 of 6 Approved by Council: DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington January 17,2012 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson,City Manager Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney Dean Grafos,Councilmember John Hohman,Community Development Dir. Brenda Grassel,Councilmember Neil Kersten,Public Works Director Chuck Hafner,Councilmember Mark Calhoun,Finance Director Ben Wick,Councilmember Mike Stone,Parks&Recreation Director Arne Woodard,Councilmember Kelly Konkright,Deputy City Attorney Doug Powell,Acting Building Official Lori Barlow, Senior Planner Rick VanLeuven,Police Chief Carolbelle Branch,Public Information Officer Chris Bainbridge,City Clerk Mayor Towey called the meeting to order at 6:00 p.m. It was then moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the amended agenda. ACTION ITEMS: 1.Amended Legislative Agenda—Mike Jackson It was moved by Deputy Mayor Schimmels and seconded to approve the amended 2011-13 Legislative Agenda. City Manager Jackson explained that as previously mentioned, we did not receive funding from the TIGER III Grants for the Sullivan Bridge, and he therefore recommended adding the Sullivan Bridge Replacement as the number one priority budget request on our Legislative Agenda. Mr. Jackson also mentioned a letter from our lobbyist Ms.Taylor regarding funding potentials and said he will share a copy of that letter with Councilmembers. Councilmember Grafos asked about the previously discussed library proposal concerning Balfour Park and of perhaps including that on this legislative agenda. Mr. Jackson explained that he will discuss that with our lobbyist and report back to council on that discussion, adding that we want to use caution because if we divide our priorities, it could lessen the impact on funding for Sullivan Bridge, which is our top priority. Councilmember Woodard added that he would like to include a discussion at the retreat on which parks would be a priority. Mayor Towey invited public comments;no comments were offered. Vote by acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 2. Snow Removal Plan—Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to approve the Revised Snow Plowing/Deicing Level of Service Plan. Public Works Director Kersten explained that the Level of Service Plan is being amended is as a result of Council's previous request to remove the word "substantially" from "substantially inhibited." Mr. Kersten also explained the spreadsheet in the packet which shows the cost of performing a full-city plow, which he said is in the $60,000 range. Councilmember Grafos asked why last year, we didn't start plowing until there was ten to twelve inches of snow on the ground. Director Kersten explained that he would not change the procedure from what has been done in the past; he said measuring cumulative amounts of snow after it has been compacted is very different from measuring the amount of snow on streets;he said they look at various elements in making decisions about when to plow as there are numerous scenarios on the type of snow and what is actually on the street; and said they also Council Study Session Minutes 01-17-12 Page 1 of 3 Approved by Council: DRAFT take into consideration citizens' comments among other factors. Mayor Towey invited public comments; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Motion carried. NON-ACTION ITEMS: International Fire Core—Doug Powell,Acting Building Official; and Fire Marshall Kevin Miller Community Development Director Hohman explained that as a result of conversations with Fire Chief Thompson on how the Fire Department interrelates with City staff daily, Acting Building Official Doug Powell and Fire Marshall Kevin Miller will give a brief discussion on the International Fire Code and how it relates to the International Building Code. Fire Marshall Miller and Acting Building Official Powell explained that members of the International Fire Code (IFC)Council meet annually,that they take input from various sources on proposed amendments, and that once finalized, the IFC Council sends the document out for review to the different states that have adopted the Code, and then those municipalities discuss the issues and information as it undergoes state review,which review includes a comment period. Mr. Powell said that the IFC is a maintenance code to the International Building Code, which is a performance code, and that the two codes are companions. Fire Marshall Miller also noted that he and city building officials meet weekly to go over issues and information, and said they have a great working relationship, and that this process helps them stay on top of current issues as they work together to create safe buildings. Their PowerPoint presentation included information that the code cycles every three years and is amended by Washington State in July of the following year; that jurisdictions such as the City of Spokane Valley are mandated to have local adoption; that the code is a minimum standard and can be made more strict only by local ordinance; that an Interlocal Agreement exists between the City and the Fire Department appointing the Fire Department as the entity to enforce the fire code, and that the Fire Chief designated the Fire Marshall as the Fire Code Official. They explained some of the Fire Marshall's responsibilities, discussed plan review timelines, major events that influenced the fire code, the fire inspection program and what inspectors look for, and that they generally give thirty days' notice to have hazards corrected. 1.Americans with Disabilities Act Mary Kate McGco Removed from the agenda. 5. Shoreline Master Program(SMP)Update—Lori Barlow Community Development Director Hohman stated that before Ms. Barlow begins her presentation, he wanted to clarify that this Program's process is currently on hold, and has been for about three months; that during this time he,the City Manager, and the City Attorney took the opportunity to get up-to-speed on these matters; that it also gave staff time to examine the aspects of the SMP including the state requirements, that staff has been working to hire special counsel to assist in this matter; that at this point he wanted to focus on the regulations we are currently under, which have been in place for a long time, and to keep in mind where we think we can get some efficiencies and possibly get some development in areas not previously developed, like Coyote Rock, all while protecting the resources. Senior Planner Barlow explained that tonight's purpose is to provide an overview of the current SMP, and she explained the purpose of the SMP, gave some background information, and briefly went over Section 1 goals and policies, Section 2 Shoreline Management Areas, and explained that Spokane Valley area only contains three of the five distinct designations. i.e. Pastoral, Conservancy, and Urban, and she explained and gave examples of those designations.Ms.Barlow continued by explaining Section 3 Policies for Shoreline Use Activities, and Section 4 Use Regulations; followed by an explanation of some of the general regulations applicable to all areas, as well as regulations for commercial areas, residential areas, water-related industries, bulkheads, and piers and docks. Planner Barlow also described some of the administrative procedures for exemptions,permits,and conditional uses and variances. Director Hohman mentioned that staff has started to identify that there are areas where they can focus and do a better job, and provide as much detail and information as possible so as to alleviate questions and concerns of property owners; he said that he understands the inventory conducted is the most complete the Department of Ecology has seen to date, and it includes which areas need protection and which don't; that initially this was a small Council Study Session Minutes 01-17-12 Page 2 of 3 Approved by Council: DRAFT piece of the County's overall picture back in the 1970's; and all the designations the County had didn't exist within our city limits; he said the regulations are confusing, complex and detailed, so the task is to make that understandable and easier to implement. Mr. Hohman added that the Plan must be adopted by the end of the year 2013; and said staff will bring back a calendar timeline of next steps. Councilmember Woodard stated that he would appreciate seeing the maps included in Council's packet for future discussions. City Manager Jackson stated that staff will also bring Council discussion about the goals and policies,and Mr.Hohman said he will outline the timeline for that as well. Mayor Towey called for a recess at 7:32 and reconvened the meeting at approximately 7:45 p.m. 6. Gateway Signs—Mike Stone Parks and Recreation Director Stone went over his PowerPoint presentation explaining about the option concepts for potential entry signs,and said he is hopeful after his presentation to get council consensus on which concept to finalize. Council and staff discussed the four options, with Councilmember Hafner expressing his concern in spending over$120,000 at this time, and that perhaps an option would be to do the project in stages; and Councilmembers Grafos and Woodard stated they preferred option 3; while Councilmembers Grassel and Wick preferred option 4. There was discussion about not having so many trees, that a sidewalk would be a requirement of the City; irrigation and maintenance would add to the cost; and that council could move toward making a decision and discuss funding later, including use of city funds and/or volunteers and donations from individuals and service clubs. It was also mentioned about the business owners' concern with the corridor's appearance, and that this project would be a beautification project, and could be tied in with the City's ten-year anniversary. There was eventual council consensus to move ahead, and Mr. Stone said he will refine both option 3 and 4 for further council consideration. 7.Advance Agenda—Mayor Towey Councilmember Grassel suggested in connection with the upcoming economic development discussion on February 7, that Council take a tour of Hayden, Idaho as they have done a nice job of making improvements along their corridor; or if a group tour is not possible,that Councilmembers might visit the City independently. 8. Information Only: The Spokane Valley's Ten-Year Anniversary, and the Traffic School Follow-up were for information only and were not discussed or reported. 9. Council Check-in—Mayor Towey. Council had no comments. 10. City Manager Comments—Mike Jackson City Manager Jackson reminded Council of tomorrow's 10:30 a.m. precinct tour; said everyone will meet at the precinct. Mr. Jackson reported that lobbyist Taylor contacted him last week about the importance of testifying during the SEPA Reform discussion in Olympia, which discussion was characterized as modification of SEPT regulations; and said that with prepared information from Director Hohman, Building Official McGee, who was already in the area, testified on that subject. Concerning the upcoming City Legislative Action Council in Olympia, that our Lobbyist suggested we have a representative meet with Senator King concerning our funding request for the Sullivan Bridge Replacement. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:36 p.m. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Study Session Minutes 01-17-12 Page 3 of 3 Approved by Council: DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington January 31,2012 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson,City Manager Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney Dean Grafos,Councilmember John Hohman,Community Development Dir. Brenda Grassel,Councilmember Neil Kersten,Public Works Director Chuck Hafner,Councilmember Mark Calhoun,Finance Director Ben Wick,Councilmember Mike Stone,Parks&Recreation Director Arne Woodard,Councilmember Kelly Konkright,Deputy City Attorney Rick VanLeuven,Police Chief Carolbelle Branch,Public Information Officer Chris Bainbridge,City Clerk Mayor Towey called the meeting to order at 6:00 p.m. ACTION ITEMS: 1. Senske Contract Renewal-Mike Stone It was moved by Deputy Mayor Schimmels and seconded to approve the second option renewal for implementation of the 2012 option year per Park Maintenance Contract number 09-222, with Senske Lawn and Tree Care in the amount of$680,801.26, and authorize the City Manager or designee to execute said contract amendment. Parks and Recreation Director Stone briefly summarized past comments and history of the renewal of this contract, and referenced the contract material council asked for previously, which was subsequently sent to council separately. Director Stone said that this contract includes a negotiated 1% increase to cover increasing cost of materials. Director Stone also stated that Senske and city staff have a very good working relationship, and that they are very responsive and customer-service conscious. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. NON-ACTION ITEMS: 2. River Trails and Improvements—Andy Dunau, Spokane River Forum Mr. Andy Dunau, Executive Director of the Spokane River Forum, a non-profit organization which promotes regional dialogues and events for sustaining a healthy river system while meeting the needs of a community; explained that the river is a wonderful amenity for citizens, is a significant economic development tool, that a river trail system would be free and help attract and keep tourists, and said the idea is to make it like a park or trail system. Mr. Dunau distributed copies of the "Spokane River Water Trail" map and explained as shown on that map, that access points along the water trail spread from the upper reaches of Spokane River from the Stateline downstream to its confluence with the Little Spokane River; the map identifies existing and potential river access locations, and Mr. Dunau explained some of the more prominent areas. Mr. Dunau also mentioned their stakeholder groups of over thirty participants, which get involved and volunteer time to make many programs a success; and said he encourages people to think about a major promotional event for the river, much like Valleyfest for the Valley; and once the event is decided, to determine how best to market that program. Councilmember Grafos said as Mr. Dunau develops his website he is sure the City would want to partner in that regard, and that perhaps the City could help with funding. In response to a question about the Department of Ecology (DOE), Mr. Dunau said they work well and closely with DOE,and said his organization received their first grant from Council Study Session Minutes 01-31-12 Page 1 of 6 Approved by Council: DRAFT DOE; and also mentioned his positive work experience with city staff members Henry Allen and Lori Barlow. Councilmember Grassel said the Convention and Visitor's Bureau actively promotes the river water trail; and said she was told that the river is a major selling point for several conferences to come to our area. 3. Amendments to 2012 Budget—Mark Calhoun Finance Director Calhoun went over the background of the 2012 budget process, and said several capital projects were discussed but not included when the budget was initially adopted last November; he said this amendment proposal is at the behest of council's desire as a result of the December 6 council meeting, to include as budget amendments the West Gateway at Thierman estimated at $120,000, a railroad Quiet Zone Study at Park Road and Vista at approximately $83,000, and the Sprague Swale Upgrade for approximately $630,000. Mr. Calhoun said the amendment at this point would affect two funds resulting in a total expenditure increase of$750,000,which includes the $120,000 Gateway Project, and $630,000 for the Sprague Swale Upgrade. Mr. Calhoun said staff recently received an update on the Sprague Swale. Public Works Director Kersten explained that staff submitted the Sprague Swale for a DOE (Department of Ecology) Grant recently; that the original appropriation by the state was $22 million, but due to budget constraints the Governor proposed to reduce that to $8 million; and said those funds and the projects are in limbo since the $8 million has not yet been approved; he said the Sprague Swale project was approved under the $22 million list; but said whether it actually gets funded is unknown; and said staff can include the DOE update in the February 14 council packet; and said we should know about the funding likely in March. Director Kersten added that it was appropriated on the 2011-2013 bi-annual but said he is not clear if funds would be available in 2013; and said staff will research that for further clarification. Finance Director Calhoun said we could move forward and include the $630,000 in the budget amendment and if grants were approved, could come back afterwards for a subsequent amendment; and if the State didn't fund the project until 2013,we could simply hold off until then. Councilmember Woodard noted that the $360,000 for temporary Sullivan Street Repairs was included but from a different fund, and asked if that should be modified now that we know what that contract is. Mr. Calhoun said he would also follow-up on that. Regarding the third budget amendment of the $83,000 for the Railroad Quiet Zone Study, Mr. Calhoun said staff proposes that be paid for from Fund 311,which is the Street Capital Improvements Fund #2011. Mr. Calhoun said when the 2012 budget was adopted, it was with an appropriation of the entire fund balance in 311, of just over $1.8 million, but there was no specific project in mind at that time, and said there was an understanding between Council and staff that as we move to expend these funds, we would bring the issue to council beforehand for council approval; and said assuming council proceeds with the Sullivan Project at $360,000, a total of$443,000 would be committed which would include $83,000 for the Railroad Quiet Zone Study; he said the intent would be within the budget of the budget amendment, that the funds are already budgeted so it doesn't need to be amended for those projects; but within the budget of the amending ordinance we would include a statement identifying these monies as being committed and thereby memorializing the action taken by council. Councilmember Hafner said he is not in favor of moving forward with the Quiet Zone Study at this time as those funds could be used better elsewhere; he said the study would be for a specific area only and therefore, he feels this is not the appropriate time to pursue this. Councilmember Wick asked regarding the Aquifer Protection Area allocation, if there was a benefit of making that allocation prior to the end of the state legislation procedure, or should we wait until the end of the legislation process; and Director Calhoun said we could either move forward or wait, at Council's preference. Councilmember Wick said he preferred to wait to see the outcome of the State Legislative Process since that should be ending relatively soon. Councilmember Wick said he agreed with Councilmember Hafner about the quiet zones; regarding the Bridging the Valley, it would defeat the purpose of doing the quiet zones if Bridging the Valley were to be funded;and feels the long-term solution would be the Bridging the Valley. Council Study Session Minutes 01-31-12 Page 2 of 6 Approved by Council: DRAFT Councilmember Grafos said regarding the Sprague Swale upgrade, that we could allocate that in the budget and move forward,and if we got the funding in the interim,Mr. Calhoun could switch the funding so there wouldn't be a delay; and said this is now year three on the Sprague Swale project; that there are new businesses moving in; we are trying to redevelop that area and we keep stalling that; and said he wants to allocate those funds now. Regarding the Quiet Zones,Councilmember Grafos said we are talking about a project which will likely take four to five years to complete; and all we are talking about now is the cost of the consultant to start the process; that there is a tremendous amount of people affected by the trains;he said when that area was first developed,there was probably about 50 trains daily compared with the now estimated 200 daily trains; and said if we want to re-develop the area over there, we should explore the possibilities of what we could do with the quiet zones. Regarding the Bridging the Valley, Councilmember Grafos said that project is probably not going to happen for about 15-20 years from now; and said he favors spending the $80,000 now to move ahead with the quiet zones. Mayor Towey said he feels we should help with problems of neighborhoods; that this issue has two elements, one of which is a consultant fee for a site specific project; and the second element is we have not identified a revenue stream for the project itself; so spending money on a consultant without having the revenue identified for the project, he said could result in us being in a "stuck" situation; he said if we were to do the project today, we would be forced to use our reserves; which brings up the question of whether this rises to the level of an emergency. Further, Mayor Towey said this neighborhood asked Millwood to have the same project for Argonne and Marguerite; and that Millwood doesn't have the ability to finance such a project; which means when the train whistle blows on Argonne and Marguerite, that neighborhood will hear it as well; and without the help of Millwood, Mayor Towey said he feels the expectation of the neighborhood will not be met; and therefore, said he feels we should not move forward with the $83,000 at this time. Deputy Mayor Schimmels said the UP line comes through the valley and crosses every roadway from the State line to where it crosses the River; he said most of the crossings in Otis Orchards have no lights or barriers;he said just west of Barker is a duel track so there are two trains most of the time on that section, that extends down to Mirabeau; and said he feels we will not help anything at this point; and said he would not support this. Councilmember Grafos said he agrees with Mayor Towey about the reserves if this were an imminent project; but instead said we are talking about examining the options, and then the project would probably take four or five more years to accomplish; at which time the train traffic would also likely increase; he said there were about 250 citizens who came forward about this terrible situation; and said we should listen to our citizens to see if we can help; as we are here to help the citizens and not to just pile up reserves and not do anything for our citizens; and said he doesn't think spending $83,000 to see what the options are,would be out of line. Councilmember Wick said he agrees we should be helping our citizens, but with the increase of railroad traffic, there is also traffic congestion to consider; and said he would be more inclined to help citizens by seeing what we can do to help get the Bridging of the Valley project moving forward. Councilmember Woodard said if we were going to be required to do the project in a set time period by doing the engineering and the survey, he would not want to proceed with that $83,000 at this time; he said there are four intersections and the neighbors came from the UP Line which has about twelve trains daily; but the Park and Vista intersections have a lot of trains; and said if we were going to spend the $83,000, it should be for the four intersections; and said each road separation would be $15 to $20 million; and repeated that the four intersections should be researched further. Mayor Towey added that we shouldn't forget the rest of the valley; and said if we were going to concentrate on quiet zones, it should be considered throughout the city; and restated his concern of not identifying a revenue stream for the entire cost. Mayor Towey said council could make a motion to eliminate the quiet zones study from the 2012 budget amendment process. Finance Director Calhoun added that one of the retreat agenda topics for next Tuesday is capital projects, and in capital projects is $1.5 million for railroad quiet zones, which is probably only a fraction of what will be needed; so further discussion could take place at the retreat. Councilmember Woodard mentioned the information previously submitted by Interim Deputy City Manager Roger Crum as his information identified numerous crossings which could be considered for quiet zones; and he added this is not just a matter of if we want to do this, but also if the Railroad will cooperate. Council Study Session Minutes 01-31-12 Page 3 of 6 Approved by Council: DRAFT It was moved by Deputy Mayor Schimmels and seconded to remove the Railroad Quiet Zone Study from the 2012 Budget amendment process.Mayor Towey invited public comment, and Tony Lazanis, 10626 E. Empire, said he feels this is a safety project, that there is money from the FRA and we should ask the legislators in Olympia for help as the railroad won't help us at all; he said the Bridging the Valley started about ten years ago and he doesn't know if it will ever get funding. There were no further public comments. Councilmember Wick asked for clarification on the procedure and City Manager Jackson said council can adopt a motion at this time,that although it is not typical to bring up a motion without having that on the agenda; but for this particular matter, he explained it was on the agenda for discussion; and because there are a lot of opinions from council on how to move forward, it would be difficult to gain consensus at this point; he said council could act on this motion or all items could be brought back to the first reading and council could amend a motion at that time. To clarify,Councilmember Grafos said what we would be doing then, would be to bring the three items forward for the budget amendment, and at time,if council decided to remove the quiet zones,then the other two items would move forward; and Mr. Jackson concurred. Councilmember Woodard expressed his desire to further study the previous quiet zone materials, and said he thought the $1.5 million estimate would be for all six intersections. Mr. Jackson said council can also discuss the motion, and/or if the maker of the motion desires, could withdraw the motion. Vote on the motion to remove the Railroad Quiet Zone Study from the 2012 Budget amendment process: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner and Wick. Opposed: Councilmembers Grassel, Grafos, and Woodard. Motion carried and the item is removed from the 2012 budget amendment process. Mayor Towey asked for consensus to bring forward the two items specified as budget amendments, the Gateway Project and the Sprague Swale Upgrades; and there was no objection from Councilmembers. City Manager Jackson added that this money has been appropriated in the 2012 budget; so it is there and council can determine to spend that money without an actual appropriation to the budget; and said next year he'd like to change the process a little; that he has discussed this a little with the finance committee, but said we really should not budget that amount; if we are trying to make sure we go through a process before we spend the money,which he said is what we heard council state; that it would not require in the future,an appropriation if council determined they wanted to spend that money for that or another project; but it would require a vote of the council since we established Council wants to decide exactly how to spend those funds. Finance Director Calhoun concurred,and said in the fall of 2011 as we were preparing the budget, it seemed expedient to appropriate the money in Fund 311; but because we are bringing this back to council for approval, it makes more sense not to appropriate the funds at all, and bring projects back by way of a budget amendment. Councilmember Grafos said to clarify then, henceforth, the budget amendments would be for specific projects. Mayor Towey again asked if there were any objections to bringing the two items forward as budget amendment items on February 14th, and no objections were raised. 4. Evergreen Preservation Project—Steve Worley Senior Engineer Worley explained that last fall staff was notified by Vera Water and Power of their desire to construct a 20-inch diameter water line down Evergreen Road from 19th to 32nd Avenue; and under 32nd Avenue from Evergreen Road east to Best Road. Mr. Worley said that due to the poor condition of Evergreen Road between 24th and 32nd, staff sees this as an opportunity to partner with Vera and replace the entire roadway with full-width paving. Mr. Worley said that this is similar to what was done in the past eight years with Spokane County's sewer projects. He explained that Vera agreed to postpone their waterline project to 2012 in order to allow the city time to evaluate costs and design options for the restoration of Evergreen Road; and he explained that Evergreen Road and 32nd Avenue are listed in the updated Pavement Management Program (PMP) for preservation work within the next three years. Mr. Worley said the combined cost for all segments of this road would be approximately $500,000; that staff felt if we were going to spend money on pavement preservation within the next three years, then Vera would come in and tear up the road for a water line, does it make sense then to perhaps partner with Vera Council Study Session Minutes 01-31-12 Page 4 of 6 Approved by Council: DRAFT and do a road and water project at the same time; so at the end of their water project,we end up with what would be close to a brand new road. Mr. Worley said the total estimated cost is $493,000; and that staff reviewed other potential improvements associated with this project, including widening in areas to allow for bike lanes on both sides, accommodating existing on-street parking in curbed areas, preserving and/or completely reconstructing portions of Evergreen Road and 32nd Avenue; and purchase of right-of-way and construction of sidewalk for an estimated total of $684,000. Mr. Worley said the difference from the proposed $493,000 and the estimated$684,000 includes $54,000 for the completion of the sidewalks, and an estimated $78,000 in contingency. Mr. Worley said staff spoke with the property owners and they would be willing to sell us the right-of-way if we decide to move ahead and build those missing sidewalk sections. Mr. Worley added that both sides of the road are served by STA (Spokane Transit Authority). Mr. Worley said that with these improvements, staff believes the road would last twelve to fifteen years and accommodate bicycles and pedestrians along a route served by the STA. Mr. Worley explained that should council determine to move this project forward,that the Memorandum of Understanding would be signed by the City Manager. Discussion included cost of putting in bike lanes on both sides, of the difficulty in getting grants for that area since it is all residential, whether other roads are in worse condition, further discussion on overall road preservation and road prioritization,and staffs mention that they feel this is the best "bang for the buck" since we would be partnering with Vera. There was discussion of council getting the updated Pavement Management Plan and of the need for more detailed information on this proposal. Mayor Towey called for a recess at 7:45 p.m.,and reconvened the meeting at 8:00 p.m. 5. Sprague Avenue Reconstruction(Evergreen to Sullivan)Project—Steve Worley Senior Engineer Worley explained that this project is part of the adopted 2012-2017 six-year Transportation Improvement Program, and per his PowerPoint presentation, gave Council an update on the project„ including the history of the resurfacing phases, what the project will entail, and that we have contracted with Taylor Engineering for surveying and design services. He explained that staff visited with every business along the project so everyone would be aware of this upcoming project and of what to expect; he mentioned public meetings for citizens and business owners, said the TIB (Transportation Improvement Board)required us to advertise for bid by March 19,and a Notice to Proceed must be issued by May 18; that this will take approximately four months to complete and the project will be done in phases so that there will be access to businesses all hours through the project. Mr. Worley also explained about the idea of contractor incentives for early completion such as $5,000 per day for each day completed early, up to a maximum of ten days, and that WSDOT (Washington State Department of Transportation) and the City of Spokane support the use of incentives. Several councilmembers voiced their agreement for the use of incentives. Public Works Director Kersten said they will move ahead with this plan,and he reiterated that every business was visited concerning this project. 6. Comprehensive Plan Chapter: Economic Development—Scott Kuhta Planning Manager Kuhta explained that the Council adopted the 2012 Comprehensive Plan Amendment Docket last November, and at that meeting, Council indicated their desire to include a review of the Economic Development Chapter. Mr. Kuhta said he brought Council some ideas and updates at the December 13 council meeting, and said the tables and charts in that chapter will be removed that reference the city center planning; and that the plan was to then review the goals and policies to see if there were any gaps or if council wanted to add anything further. Mr.Kuhta said this draft chapter is just to get the process started, that the amendments will go before the Planning Commission in about a week and then return to council with a recommendation; and that tonight he is asking Council for any additional feedback. Mr.Kuhta reiterated that the bulk of the work is updating the labor statistics,charts and graphs, and they went back to look at the source documents and have replaced the tables and graphs with current information; and he brought Council's attention to page 18 and 19 where names of organizations have been updated, such as the Greater Spokane, Inc., which was formerly the Spokane Area Economic Council Study Session Minutes 01-31-12 Page 5 of 6 Approved by Council: DRAFT Development Council, and of the added paragraph about the permitting process as an important aspect of the economic development process. Mr. Kuhta said he anticipated this coming back to Council again early spring. 7. Spokane Valley Municipal Code Miscellaneous Ordinances—Cary Driskell City Attorney Driskell explained that the legal department periodically reviews the City Code to verify references to state laws and to other code sections are correct; that sometimes the state legislature makes amendments to state law, and sometimes we also re-codify sections and move them elsewhere in the code;and said most of these proposed changes are a reflection of that review. Concerning Spokane Valley Municipal Code Title 5,Mr. Driskell explained that there is no longer a need for a grace period since that was only for a three-month period beginning with the effective date of the ordinance, which was codified years ago. Mr. Driskell explained that pending any objection, these ordinances would come back to Council as separate ordinances. There were no objections. 8. Advance Agenda—Mayor Towey Councilmember Grafos asked the City Attorney if it would be possible to draft an ordinance concerning clearing sidewalks of snow perhaps twenty-four hours after a snowstorm, and to include a penalty for noncompliance; he said it is a safety issue as people are forced to walk in the streets when the sidewalks are not cleared. Councilmember Grafos also mentioned that the sidewalks in front of City Hall were not cleared during the snowstorms and suggested the landlord should be contacted in that regard.Mr. Jackson said that has been done. City Manager Jackson also said the topic of sidewalks will be discussed during next week's retreat. 9. Information Only: (a) Park Land Acquisition Proposal, (b) SRTC January Newsletter; (c) Urban Growth Area, (d) Department Reports, and (e) Spokane Co Library District Quarterly Report were for information only and were not discussed or reported. 10. Council Check-in—Mayor Towey Councilmember Hafner asked whose responsibility is it to take care of the Christmas tree at U-City; and Mr. Jackson replied that it is not a city responsibility, but he would be happy to try to notify someone about the tree. 11. City Manager Comments—Mike Jackson City Manager Jackson mentioned the draft Retreat Agenda and asked Council to let him know if other items should be added. Councilmember Woodard asked about changing the order of the items and Mr. Jackson said he would not have any objection to changing the order, but that Mayor Towey would be in charge of the order of discussion. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:55 p.m. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Study Session Minutes 01-31-12 Page 6 of 6 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: gi Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑admin. report pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading of Proposed Ordinance #12-002 Amending the 2012 Budget. GOVERNING LEGISLATION: State budget law. PREVIOUS COUNCIL ACTION TAKEN: To date the Council has heard presentations on the 2012 Budget Amendment on two previous occasions including a Public Hearing held this evening. Thus far no formal Council action has been taken. BACKGROUND: • Throughout the 2012 Budget development process a number of capital projects were discussed by Council but not included in the initial budget that was ultimately adopted via Ordinance #11-017 on November 15, 2011. At the December 6, 2011 Council meeting capital projects were again discussed and at that time Council expressed interest in amending into the 2012 Budget three capital projects including the West Gateway at Thierman project estimated at $120,000; a railroad quiet zone study at Park and Vista (UP only) estimated to cost $83,000; and Sprague Swale upgrades estimated to cost $630,000. • During a January 31, 2012 Administrative Report presentation, Council reached consensus to advance just two of the previously discussed capital projects to a budget amendment including: o $120,000 for the West Gateway at Thierman Project to be financed from Fund #310 — Civic Buildings Capital Projects Fund and o $630,000 for Sprague Swale upgrades to be financed from Fund #403 — Aquifer Protection Area Fund. • During January 31 and February 7, 2012 presentations by public works staff, Council deliberated and ultimately approved the Evergreen Road Preservation Project from 16th to 32"d at a total cost of$959,000 utilizing a variety of financing sources including: a $500,000 of Street O&M Fund#101 reserves o $111,000 of Street Capital Improvements 2011+ reserves o $275,000 from Vera Water& Power for their portion of the project o $73,000 of EECBG grants • Finally, the 2012 Budget was also initially adopted with an appropriation of $1,086,881 in Fund #311 — Street Capital Improvements 2011+, with no specific projects in mind but with the understanding that City staff would seek Council approval prior to expending any of these monies. o Since that time Council approved expending up to $200,000 of Fund #311 money towards temporary Sullivan Street Bridget repairs, and o $111,000 towards the Evergreen Road Preservation Project -1611' -- 32nd that was approved at the February 7, 2012 Council meeting. IISV-FS21UsersUmcalhouniBudgets120121Amendment No 112012 02 14 RCA 1st Read Ord 12-002 amending 2012 Budg.docx o In this budget amendment we are proposing the appropriation in Fund #311 be reduced by $775,881 to just the $311,000 necessary for the bridge repairs and road preservation project. The total $311,000 will be transferred to Fund #303 -- Street Capital Projects where we account for all street related capital projects. o Any additional commitment of Fund #311 money would therefore require a formal budget amendment to appropriate additional money. • Revenue Expenditure fund Fund Increase increase No Name ::(Decrease) (Decrease), 101 1Street O&M 0 0 303 1Street Capital Projects 1,159,000 1,159,000 310 !Civic Buildings Capital Projects 0 120,000 311 IStreet Capital Improvements 2011+ 0 (775,881) 403 ;Aquifer Protection Area 0 [ 630,000 1,159,000 [ 1,133,119 OPTIONS: Options are to accept the proposed amendments in whole or in-part. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance #12-002 amending Ordinance#11-017 which adopted the 2012 Budget to a second reading. BUDGET/FINANCIAL IMPACTS: This action amends the appropriations initially adopted for the 2012 Budget. There are adequate funds available to pay for these amendments. STAFF CONTACT: Mark Calhoun ATTACHMENTS: -Fund level line-item detail of revenues and expenditures. -Ordinance#12-002 1151/-FS21Userslmca lhoun\Budgetsl2012lAmendment No 112012 02 14 RCA 1st Read Ord 12-002 amending 2012 Budg.docx \\SV FS21Users\mcalhounlBudgets120121Amendment No 11amendment no 1 detail 2012 02 14 CITY OF SPOKANE VALLEY,WA 2012 Budget Budget Amendment Requests Line Item Detail 2/8/2012 Account Account Initial Amended " Description Number Justification; Budget Amendment Budget #101 -:Street"O&M'""Fund Expenditures Capital outlay Transfers out 101.042.133.595.64.41.05 Changed nature of transaction to a transfe 101.042.000.597.41.55.02 To#303-Evergreen Rd Pres 16th-32nd #303-Street Capital Projects Fund Revenues Vera Power&Wate 303.303.160.367.12.01 303.303.160.339.18.11 303.303.160.397.95.08 303.303.160.397.95.14 303.303.157.397.95.14 EECBG Transfers in Transfers in Transfers in Expenditures Capital outlay Capital outlay Total"eXperditures Share of Evergreen Rd Pres 16th-32nd Grant-Evergreen Rd Pres 16th-32nd From##101-Evergreen Rd Pres 16th-32nd From#311-Evergreen Rd Pres 16th-32nd From##311-Temp Sullivan St Bridge Repa Total:revenues: 303203.157.541.50.41.11 Temp Sullivan St Bridge Repairs 303203.160.595.30.63.00 Evergreen Rd Pres 16th-32nd Total expenditures #310 :Civic.Buildings Capital Projects Fund:." Expenditures Capital outlay 310.000.000.594.76.63.00 West Gateway at Thierman Total'experiditures 500,000 (500,000) 0 0 500,000 500,000 0; 0 275,000 0 73,000 0 500,000 0 111,000 D 200,000 1159,OOQ"" 275,000 73,000 500,000 111,000 200,000 Q 200,000 200,000 0 959,000 959,000 1,159,000 0 120,000 120,000 120,004 11SV FS21UserslmcalhounlBudgets120121Amendmeni No llamendment no 1 detail 2012 0214 CITY OF SPOKANE VALLEY,WA 2012 Budget Budget Amendment Requests Line Item Detail 2/8/2012 Account Account Initial Amended Description . ; Number Justification- Budget Amendment Budget #311 'Street.Capital:Improveirrieir is 201,1+ Expenditures Capital outlay Transfers out Transfers out 311.311.000.594.63.63.41 Capital outlay 1,086,881 (1,086,881) 0 311.000.000.597.41.55.02 To#303-Temp Sullivan St Bridge Repair. 0 200,000 200,000 311.000.000.597.41.55.02 To#303-Evergreen Rd Pres 16th-32nd 0 111,000 111,000 Total:eXperiditures #403 Aquifer Protection Area Expenditures Capital outlay 403.000.000.595.40.63.00 Sprague swale upgrades 0 630,000 630,000 Total'expenditiures. 630Q00 Totals Across all Funds Total revenues Total expenditures 1,159,000 1,133,119 DRAFT ON° NNASIN TKACOUTYY,W ON ORDINANCE NO. 12-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE 11-017 ENTITLED "AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WASHINGTON,ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 APPROPRIATING FUNDS, CREATING A NEW FUND (403): AQUIFER PROTECTION AREA; ESTABLISHING SALARY SCHEDULES FOR ESTABLISHED POSITIONS, AND OTHER MATTERS RELATED THERETO." WHEREAS, the City Council passed Ordinance 11-017 on November 15, 2011, which adopted the 2012 annual budget; and WHEREAS, subsequent to the adoption of the 2012 annual budget, it has become necessary to make changes by adding new revenue appropriations, amendments, and transferring funds in order to properly perform City functions,services and activities; and WHEREAS, the budget changes set forth in this Ordinance could not have been reasonably anticipated or known when the 2012 annual budget was passed by the City Council; and WHEREAS, the City Council has determined that the best interests of the City are served by amending the 2012 budget to reflect unanticipated revenue, expenditures, transfers and appropriating same as set forth herein. NOW THEREFORE,the City Council of the City of Spokane Valley, Washington do ordain as follows: Section 1. Amended Revenues and Appropriations. Ordinance No. 11-017 adopted a budget for the twelve months beginning January 1, 2012 and ending December 31, 2012. Each item, revenue, appropriation, and fund contained in Section 1 and 2 of Ordinance 11-017 is hereby amended as set forth in Attachment A,which is fully incorporated herein. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 3. Effective Date, This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by the City Council of the City of Spokane Valley this 28th day of February, 2012. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Approved as to form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-002 Amending 2012 Budget Page 1 of 2 Ordinance 12-002 Amending 2012 Budget 001 General 101 Street O&M 26,633,061 34,908,800 0 34,908,800 61,541,861 35,196,500 0 35,196,500 26,345,361 1,834,574 4,902800 0 4,9800 6,737,374 5,431,263 0 5,431,263 1,306,111 103 Paths&Trails 36,186 8,000 0 8,000. 44,186 0 0 0 44,186 105 HatellMotelTax 253,356 430,700 0 430,700 684,056 430,700 0 430,700 253,356 120 CenterPlace Operating Reserve 353,231 700 0 700 353,931 0 0 0 353,931 121 Service Level Stabilization 5,477,795 10,000 0: 10,000. 5,487,795 0 0 0 5,487,795 122 Winter Weather Reserve 506,168 700 0 700 506,868 0 0 0 506,868 123 :y Faclies Repair&Replacement ;027,259 399,000 0 399,000 2426,259 0 0 0 2,426,259 204 :Debt Service LTGO 03 0 617,623 0 617,623 617,623 617,623 0 617,623 0 301 Capital Projects 194,277 475,400 0 475,400 669,677 456,279 0 456,279 213,398 302 :Special Capital Projects 1,547,015 477,000 0 . 477,000 2024,015 1,540,710 0 1,540,710 483,305 303 Street Capital Projects 73,456 9,655,804 1,159,000 10,814,804: 10,888,260 9,566,804 1,159,000 10,7804 162,456 304 Mirabeau Projects 44,302 0 0 0 44,302 0 0 0 44,302 307 Capital Grants 0 0 0: 0 0 0 0 0 0 309 P a r k s Capital P r o j e c t s 123,329 100 000: 0 100,000 223,329 170,000 0: 170,000 53,329 310 Civic Facilities Capital Projects 2,939,745 ! 6,000 0 6,000 2,945,745 0 120,000 120,000 2,825,745 31I Street Capital Improvement 2011+ 1,084,681 2,200 0 2,200 1,086,881 1,086,881 775,8$1 311,000 775,881 402 StormwaterManagement 1,236,400 1,908,667 0 1,908,667 3,145,067 . 2153,441 0 2,153,441 991,626 403 Aquifer Protection Area 500,000 502,500 0 502,500 1,002,500 0 630,0001 630,000 372,500 501 EtLkment Rental&Rplacement 706,379 I00000 0: 100,000 806,379 0 0 0 806,379 502 Risk Management 20,420 319,000 0 319,000 339,420 319,0001 0 319,000 20,420 Total of all Fonds 45,591,634 54,824,894 1,159,000 55,983,894 101,575,528 56,969,201 1,133,119 58,102,320 43,473,208 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-003 Amending Title 2 of the SVMC. GOVERNING LEGISLATION: SVMC 2.50.035. PREVIOUS COUNCIL ACTION TAKEN: Ord. 06-029 § 6, 2006. BACKGROUND: The Office of the City Attorney from time to time reviews the City's Code to verify references to state laws within the Code are correct. As the state legislature makes amendments to state law, the numbering of many state laws will change. Therefore it is necessary to update the City's Code to reflect these changes. All changes proposed are of a housekeeping nature only and are not substantive. There is currently a discrepancy in how the Code references state law which potentially creates confusion. The Code references a definition of"family member" in the RCWs while only "family" is defined. For purposes of efficiency and clarity, the Code should be amended to only include the definition of"family." OPTIONS: Proceed with amendment, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to advance ordinance 12-003 to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ordinance Amending Title 2 of the SVMC. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTION 2.50.035(B) OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE DEFINITION OF A FAMILY MEMBER; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 2 in order to govern the administration and personnel of the City; and WHEREAS, Section 2.50.035 of the Spokane Valley Municipal Code was adopted in order to prohibit nepotism in the City; and WHEREAS, Section 2.50.035(B) of the Spokane Valley Municipal Code defines "family member"for purposes of the anti-nepotism policy of the City; and WHEREAS, the definition of"family member" was to be the same as the definition in RCW 42.52.010; and WHEREAS, RCW 42.52.010 does not define "family member," but rather defines "family" and makes reference to RCW 42.17.020(26)for the definition of"immediate family;"and WHEREAS, Section 2.50.035(B) of the Spokane Valley Municipal Code should be amended to make direct reference to RCW 42.17.020(26)for purposes of efficiency and clarity. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Section 2.50.035(B) regarding the reference to the family member definition in RCW 42.52.010. Spokane Valley Municipal Code section 2.50.035(B) is hereby amended as follows: 2.50.035 Nepotism. A.Nepotism Prohibited. The City prohibits employment of family members where one family member has the authority to supervise or audit the work of another family member. B. The definition of"family member" for purposes of this section shall be the same as that in RCW 42.17.026(26)12.52.010,as adopted or amended. Section 2. Remainder of SVMC Title 2 Unchanged. The remaining provisions of SVMC Title 2 are unchanged by this amendment. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this Ordinance. Ordinance 12-003 Amending SVMC Title 2 Page 1 of 2 DRAFT Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of ,2012. Mayor, Thomas E. Towey ATTEST: City Clerk,Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-003 Amending SVMC Title 2 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-004 Amending SVMC 5.10.010 and Repealing 5.20.140. GOVERNING LEGISLATION: SVMC 5.10.010 and 5.20.140. PREVIOUS COUNCIL ACTION TAKEN: Ord. 10-006 § 3, 2010 and Ord. 05-017 § 2, 2005. BACKGROUND: The Office of the City Attorney from time to time reviews the City's Code to verify references to state laws within the Code are correct. As the state legislature makes amendments to state law, the numbering of many state laws will change. Therefore it is necessary to update the City's Code to reflect these changes. All changes proposed are of a housekeeping nature only and are not substantive. The references to the Revised Code of Washington in SVMC 5.10.010 are amended to accurately reflect the correct law and provide the definition of liquor. SVMC 5.20.140 is being repealed because other sections of the Code are inconsistent and reflect no such grace period. OPTIONS: Proceed with amendment, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to advance ordinance 12-004 to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ordinance Amending Title 5 of the SVMC. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTION 5.10.010 AND REPEALING SECTION 5.20.140 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE DEFINTION OF LIQUOR AND THE GRACE PERIOD ALLOWED FOR A PAWNBROKER IN VIOLATION OF TITLE 5 OF THE SPOKANE VALLEY MUNICIPAL CODE; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 5 in order to govern business licenses and regulations in the City; and WHEREAS, Section 5.10.010 of the Spokane Valley Municipal Code defines liquor to mean all beverages defined in RCW 66.04.200; and WHEREAS, RCW 66.04.200 does not exist, but RCW 64.04.010 contains definitions for Title 66,alcoholic beverage control,and includes a defmition for liquor; and WHEREAS, Section 5.10.010 of the Spokane Valley Municipal Code should be amended in order to reference the correct citation for the definition of liquor in state law; and WHEREAS, Section 5.20.140 of the Spokane Valley Municipal Code provides a grace period for a pawnbroker who is in violation of the regulation chapter of the Spokane Valley Municipal Code;and WHEREAS, Section 5.20.140 of the Spokane Valley Municipal Code should be repealed as the grace period is no longer relevant. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Section 5.10.010 regarding the definition of liquor in RCW 66.04.200. Spokane Valley Municipal Code section 5.10.010 is hereby amended as follows: "Liquor"means all beverages defined in RCW 64.04.01066.01. 00. Section 2. Repealing Spokane Valley Municipal Code Section 5.20.140 regarding the grace period for a pawn broker in violation of Title 5 of the Spokane Valley Municipal Code. Spokane Valley Municipal Code section 5.20.140 is hereby repealed as follows: There shall be a three month grace period,beginning at the effective date of the. ordinance codified in this chapter, during which time no punitive action will be taken against the pawnbroker violating this chapter,provided,the city police department may require and enforce the penalty section SVMC 5.20.120 against a pawnbroker for failing to provide the records of transactions as required by SVMC 5.20.010. Section 3. Remainder of SVMC Title 5 Unchanged. The remaining provisions of SVMC Title 5 are unchanged by this amendment. Ordinance 12-004 Amending SVMC Title 5 Page 1 of 2 DRAFT Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. Section 5, Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of January,2012. Mayor,Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-004 Amending SVMC Title 5 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-005 Amending Title 7 of the SVMC. GOVERNING LEGISLATION: SVMC 7.20.180(B) and 7.30.010(B). PREVIOUS COUNCIL ACTION TAKEN: Ord. 09-020 § 29, 2009 and Ord. 56 § 1, 2003 respectively. BACKGROUND: The Office of the City Attorney from time to time reviews the City's Code to verify references to other Code sections and County Code sections are correct. When Code amendments are made, sections may be added, changed, or repealed. Therefore it is necessary to update the City's Code to reflect these changes. All changes proposed are of a housekeeping nature only and are not substantive. Section 7.20.180(B) will be amended to the correct reference for alarm registration fees and enforcement. Section 7.30.010(B) will be amended to reflect the correct County Code provision for the requirement of dog/cat vaccinations for rabies. OPTIONS: Proceed with amendment, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 12-005 to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ordinance Amending Title 7. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 7.20.180(B) AND 7.30.010(B) OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE REGULATION OF ALARM SYSTEMS AND ANIMALS; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 7 in order to regulate the health, safety,and welfare of the citizens of the City; and WHEREAS, Section 7.20.180(B) of the Spokane Valley Municipal Code governs issuance of citations and assessment of service fees in connection with alarms and it references SVMC 7.20.170; and WHEREAS, SVMC 7.20.170 has been repealed, but SVMC 7.20.310 deals with fees for alarm registration and false alarm enforcement and is likely the correct reference intended in Section 7.20.180(B)of the Spokane Valley Municipal Code; and WHEREAS, Section 7.20.180(B) of the Spokane Valley Municipal Code should be amended to reference SVMC 7.20.310 instead of referencing repealed SVMC 7.20.170; and WHEREAS, Section 7.30.010(B) adopted Section 5.04.031 of the Spokane County Code, entitled `Cat—License—Required,' as now in effect and subsequently amended; and WHEREAS, Spokane County Code has since amended Section 5.04.031 to be entitled"Dog/Cat to have current vaccination against rabies;"and WHEREAS, Spokane County Code Section 5.04.030 is now the appropriate reference for Section 7.30.010(B) of the Spokane Valley Municipal Code and it should be amended for clarity purposes. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Section 7.20.180(B) regarding the reference to SVMC 7.20.170. Spokane Valley Municipal Code section 7.20.180(B)is hereby amended as follows: 7.20.180 Authorization to issue citations and assess service fees. A. The alarm administrator is granted a special commission by the chief of police to issue citations pursuant to this chapter. B. The alarm administrator is authorized by the city council to assess costs pursuant to SVMC 7.20.3107.20.170. Section 2. Amending Spokane Valley Municipal Code Section 7.30.010(B) regarding the reference to Spokane County Code Section 5.04.031. Spokane Valley Municipal Code section 7.30.010(B) is hereby amended as follows: 7.30.010 Animal control regulations. Ordinance 12-005 Amending SVMC Title 7 Page 1 of 2 DRAFT A. Pursuant to RCW 35A.11.020 and 35A.12.140,the City of Spokane Valley adopts by reference Chapter 5.04,entitled"Dogs and Cats," and Chapter 5.12,entitled"Inherently Dangerous Mammals/Reptiles," of the Spokane County Code as now in effect and as subsequently amended as the animal control regulations for the City of Spokane Valley, except as specifically set forth in SVMC 7.30.035 relating to appeals of decisions of whether a dog is dangerous,and except as specifically set forth in SVMC 7.30.040 relating to appeals of decisions of whether a dog is potentially dangerous,and except as specifically set forth in SVMC 7.30.045 relating to registration of dangerous dogs,and repealing the City's adoption of Spokane County Code Sections 5.04.032, 5.04.033 and 5.04.035; any reference to "Spokane County" in Chapters 5.04 and 5.12 of the Spokane County Code shall be construed to refer to the City of Spokane Valley. B. Pursuant to RCW 35A.11.020 and 35A.12.140,the City of Spokane Valley adopts by reference Section 5.04.0305.01.031 of the Spokane County Code,entitled"Cat License— Required," as now in effect and subsequently amended.Any reference to "Spokane County" shall be construed to refer to Spokane Valley. Section 3. Remainder of SVMC Title 7 Unchanged. The remaining provisions of SVMC Title 7 are unchanged by this amendment. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of ,2012. Mayor,Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-005 Amending SVMC Title 7 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Ordinance 12-006 Amending Title 8 of the SVMC GOVERNING LEGISLATION: 8.10.030; 8.20.050; 8.35.020; 8.35.080; 8.40.010; and 8.50.010. PREVIOUS COUNCIL ACTION TAKEN: Ord. 46 § 31, 2003; Ord. 46 § 21, 2003; Ord. 46 § 19, 2003; Ord. 46 § 52, 2003; Ord. 46 § 49, 2003; Ord. 46 § 40, 2003. BACKGROUND: The Office of the City Attorney from time to time reviews the City's Code to verify references to state laws within the Code are correct. As the state legislature makes amendments to state law, the numbering of many state laws will change. Therefore it is necessary to update the City's Code to reflect these changes. All changes proposed are of a housekeeping nature only and are not substantive. The references to the Revised Code of Washington in the above sections of the SVMC are amended to accurately reflect the correct law. OPTIONS: Proceed with amendment, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 12-006 to a second reading BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ordinance Amending Title 8 of the SVMC. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 8.10.030; 8.20.050; 8.35.020; 8.35.080; 8.40.010; AND 8.50.010 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO PROVISIONS WITHIN TITLE 8 THAT CONTAIN INACCURATE CROSS REFERENCES TO STATE LAW; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 8 as the Criminal Code for the City; and WHEREAS, some of the provisions within Title 8 contain inaccurate cross references and citations due to amendments and repeals; and WHEREAS, the inaccurate cross references and citations contained within Title 8 should be amended in order to reflect the proper cross references and citations in order to promote internal consistency within the Spokane Valley Municipal Code and external consistency with State law. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Section 8.10.030 regarding the reference to RCW 9.86.050, as the remaining references contained therein now contain the penalty provisions. Spokane Valley Municipal Code section 8.10.030 is hereby amended as follows: 8.10.030 Flags. I The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.86.010 "Flag" defined. 9.86.020 Improper use of flag prohibited. 9.86.030 Desecration of flag. 9.86.040 Application of provisions. 9.86.050 Penalty. Section 2. Amending Spokane Valley Municipal Code Section 8.20.050 regarding the reference to RCW 69.50.204(c)(14). Spokane Valley Municipal Code Section 8.20.050 is hereby amended as follows: 8.20.050 Controlled substances. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 69.50.101 Definitions. 69.50.204(c)M)(11) Schedule I—Marijuana. 69.50.309 Containers. 69.50.401(e) Prohibited acts: A—Penalties. 69.50.425 Misdemeanor violators—Minimum imprisonment. Ordinance 12-006 Amending SVMC Title 8 Page 1 of 3 DRAFT 69.50.505(a)(1),(3),(6)and(7) Seizure and forfeiture. 69.50.506 Burden of proof. 69.50.509 Search and seizure of controlled substances. Section 3. Amending Spokane Valley Municipal Code Section 8.35.020 regarding the reference to 1 RCW 9.18.140, as the remaining references contained therein now contain the penalty provisions. Spokane Valley Municipal Code Section 8.35.020 is hereby amended as follows: 8.35.020 Competitive bidding. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.18.120 Suppression of competitive bidding. 9.18.130 Collusion to prevent competitive bidding. 9.18.110 Penalty. Section 4. Amending Spokane Valley Municipal Code Section 8.35.080 regarding the reference to 1 RCW 9.16.090, as the remaining references contained therein now contain the penalty provisions. Spokane Valley Municipal Code Section 8.35.080 is hereby amended as follows: 8.35.080 Trademarks and other marks. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.16.030 Counterfeit mark,intellectual property. 9.16.050 When deemed affixed. 9.16.060 Fraudulent registration of trademark. 9.16.070 Form and similitude defined. 9.16.080 Sales of petroleum products improperly labeled or graded. 9.16.090 Sales of petroleum products improperly labeled or graded Penalty. 9.16.100 Use of words "sterling silver," etc. 9.16.110 Use of words "coin silver," etc. 9.16.120 Use of word"sterling" on mounting. 9.16.130 Use of the words "coin silver" on mounting. 9.16.140 Unlawfully marking article made of gold. 9.16.150 "Marked, stamped or branded," defined. Section 5. Amending Spokane Valley Municipal Code Section 8.40.010 regarding the adoption of RCW 9.68A.140 and RCW 9.68A.160 which have been repealed. Spokane Valley Municipal Code Section 8.40.010 is hereby amended as follows: 8.40.010 Sexual offenses relative to minors. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.68A.011 Definition. Ordinance 12-006 Amending SVMC Title 8 Page 2 of 3 DRAFT 9.68A.080 Processors of depictions of minors engaged in sexually explicit conduct— Report required. 9.68A.090 Communication with a minor for immoral purposes. 9.68A.110 Definitions. 9.68A.150 Allowing minor on premises of live erotic performance—Definitions— Penalty Allowing minor on premises of live erotic performance. 9.68A.160 Penalty. 9.69.100 Duty of witness of offense against child or any violent offense—Penalty. 26.28.080 Selling or giving tobacco to minors—Belief of representative capacity,no defense—Penalty. Section 6. Amending Spokane Valley Municipal Code Section 8.50.010 regarding the adoption of RCW9.91.110 which has been repealed. Spokane Valley Municipal Code Section 8.50.010 is hereby amended as follows: 8.50.010 Miscellaneous crimes. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference. RCW: 9.91.010 Denial of civil rights—Terms defined. 9.91.025 Unlawful bus conduct. 9.91.060 Leaving children unattended in parked automobile. 19.290.0709.91.110 Metal buyers—Records of purchases—Penalty. 9.91.130 Disposal of trash in charity donation receptacle. 9.02.050 Concealing birth. Section 7. Remainder of SVMC Title 8 Unchanged. The remaining provisions of SVMC Title 8 are unchanged by this amendment. Section 8. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this Ordinance. Section 9. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of 2012. ATTEST: Mayor,Thomas E. Towey City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-006 Amending SVMC Title 8 Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-007 Amending Title 19 of the SVMC. GOVERNING LEGISLATION: 19.30.010 and 19.40.120. PREVIOUS COUNCIL ACTION TAKEN: Ord. 07-015 § 4, 2007; and Ord. 07-015 § 4, 2007. BACKGROUND: The Office of the City Attorney from time to time reviews the City's Code to verify references to state and federal laws within the Code are correct. As the state legislature and Congress makes amendments to state or federal law, the numbering of many state and federal laws will change. Therefore it is necessary to update the City's Code to reflect these changes. All changes proposed are of a housekeeping nature only and are not substantive. Section 19.30.010 is amended to reference the correct RCW pertaining to comprehensive plans. Section 19.40.120 is amended to reflect the correct title in the U.S.C. pertaining to manufactured homes. OPTIONS: Proceed with amendment, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to advance ordinance 12-007 to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ordinance Amending Title 19 of the SVMC. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 19.30.010 AND 19.40.120 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO PROVISIONS WITHIN TITLE 19 THAT CONTAIN INACCURATE CROSS REFERENCES TO STATE AND FEDERAL LAW; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 19 to regulate zoning in the City; and WHEREAS, Section 19.30.010 of the Spokane Valley Municipal Code references RCW 36.70.130(2)(a)which does not exist;and WHEREAS,the correct citation should be RCW 36.70A.130(2)(a);and WHEREAS, Section 19.30.010 of the Spokane Valley Municipal Code should be amended in order to correct the citation;and WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code regarding manufactured homes cites 42 U.S.C. 7 §§ 5401-5403 which relates to social security when it should actually reference 42 U.S.C. 70 §§ 5401-5403 which relates to manufactured home construction and safety standards; WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code should be amended in order to correct the citation; and WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code also cites RCW 35.21 (miscellaneous provisions)when the more accurate citation for this Section is RCW 35.21.684 (authority to regulate placement or use of homes — regulation of manufactured homes — issuance of permits — restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences);and WHEREAS, Section 19.40.120 of the Spokane Valley Municipal Code should be amended in order to correct the citation. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Section 19.30.010 regarding the reference to RCW 36.70.130(2)(a). Spokane Valley Municipal Code Section 19.30.010 is hereby amended as follows: 19.30.010 Comprehensive Plan text and map amendments. Pursuant to RCW 36.70A.130(2)(a)36.70.130(2)(a),proposed updates to the Comprehensive Plan will be processed only once a year except for the adoption of original subarea plans,amendments to the shoreline master program,the amendment of the capital facilities chapter concurrent with the adoption of the City budget,in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. Draft Ordinance 12-007 Amending SVMC Title 19 Page 1 of 2 DRAFT Section 2. Amending Spokane Valley Municipal Code Section 19.40.120 regarding the references to 42 U.S.C. 7 § 54010-5403 and RCW 35.21. Spokane Valley Municipal Code Section 19.40.120 is hereby amended as follows: 19.40.120 Manufactured housing. A. Pursuant to the requirements of RCW 35.21.684Chaptcr 35.21 RCW,the City does not discriminate against consumers' choices in the placement or use of a home that is not equally applicable to all homes. This section applies only to manufactured housing units placed on individual lots. B.Homes built to 42 U.S.C. 70 Sections 5401 through 5403 standards(as they may be amended)are regulated for the purposes of siting in the same manner as site-built homes, factory-built homes,or homes built to any other state construction or local design standard;provided,however,that the manufactured home shall: 1.Be a new manufactured home;and 2.Be set upon a permanent foundation,as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved product which can be either load-bearing or decorative; and 3. Comply with all local design standards,including the requirement for a pitched roof with a slope of not less than 3:12,applicable to all other homes within the neighborhood in which the manufactured home is to be located;and 4.Be thermally equivalent to the state energy code; and 5. Otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160.. . . Section 3. Remainder of SVMC Title 19 Unchanged. The remaining provisions of SVMC Title 19 are unchanged by this amendment. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity of unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of , 2012. ATTEST: Mayor,Thomas E. Towey City Clerk,Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Draft Ordinance 12-007 Amending SVMC Title 19 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-008 Amending Title 20 of the SVMC. GOVERNING LEGISLATION: SVMC 20.20.090(D); 20.20.110; AND 20.80.010(C). PREVIOUS COUNCIL ACTION TAKEN: Ord. 07-015 § 4, 2007; Ord. 09-002 § 1, 2009; and Ord. 07-015 § 4, 2007. BACKGROUND: The Office of the City Attorney from time to time reviews the City's Code to verify references to other Code sections and County Code sections are correct. When Code amendments are made, sections may be added, changed, or repealed. Therefore it is necessary to update the City's Code to reflect these changes. All changes proposed are of a housekeeping nature only and are not substantive. Both Sections 20.20.090(D) and 20.80.010(C) are amended to reflect the correct reference to future acquisition areas. Section 20.20.110 is amended to reflect the correct references to subdivisions. OPTIONS: Proceed with amendment, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 12-008 to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ordinance Amending Title 20. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 20.20.090(D); 20.20.110; AND 20.80.010(C) OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO PROVISIONS WITHIN TITLE 20 THAT CONTAIN INACCURATE CROSS REFERENCES; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Title 20 to regulate subdivisions in the City; and WHEREAS, both Sections 20.20.090(D) and 20.80.010(C) of the Spokane Valley Municipal Code reference SVMC 22.130.035 (future acquisition areas)which does not exist; and WHEREAS, SVMC 22.130.080 (future acquisition areas) is the appropriate reference for both Sections 20.20.090(D) and 20.80.010(C) of the Spokane Valley Municipal Code and each should be amended in order to correct the citation; and WHEREAS, Section 20.20.110 of the Spokane Valley Municipal Code references SVMC Chapters 22.30 through 22.40 which are reserved for performance standards and incentives, and evacuation and emergency response standards respectively;and WHEREAS, SVMC Chapter 20.30 relates to preliminary short subdivisions, subdivisions, and binding site plans and is the appropriate reference;and WHEREAS, SVMC Chapter 20.40 relates to final short subdivisions, subdivisions, and binding site plans and is also the appropriate reference; and WHEREAS, Section 20.20.110 of the Spokane Valley Municipal Code should be amended in order to correct the citations. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Section 20.20.090(D) regarding the reference to SVMC 22.130.035. Spokane Valley Municipal Code Section 20.20.090(D) is hereby amended as follows: 20.20.090 General design. D.When a tract is subdivided into lots of one acre or more in size,the community development director(hereafter referred to as the "director")may require an arrangement of the lots and streets,in conformance with the adopted arterial and local access street master plan or areas identified in SVMC 22.130.08022.130.035,Future acquisition areas, such as to permit a subsequent redivision. Draft Ordinance 12-008 Amending SVMC Title 20 Page 1 of 2 DRAFT Section 2. Amending Spokane Valley Municipal Code Section 20.20.110 regarding the references to SVMC Chapters 22.30 and 22.40. Spokane Valley Municipal Code Section 20.20.110 is hereby amended as follows: 20.20.110 Attached single-family subdivisions. Applications for an attached single-family subdivision consisting of nine or fewer lots shall be submitted and processed according to the requirements for content and form for preliminary and final short subdivisions and process as stated in Chapters 20.3022.30 through 20.4022.10 SVMC.Application for an attached single-family subdivision consisting or 10 or more lots shall be submitted and processed according to the requirements for content and form for preliminary and final subdivisions as stated in Chapters 20.30 through 20.40 SVMC.Application for alterations of any preliminary short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.50 SVMC.Applications for alterations of any final short subdivision or subdivision shall be submitted and processed according to the requirements of Chapter 20.60 SVMC.Applications for vacation of any plat shall be submitted and reviewed according to the requirements of Chapter 20.70 SVMC. Section 3. Amending Spokane Valley Municipal Code Section 20.80.010(C)regarding the reference to SVMC 22.130.035. Spokane Valley Municipal Code Section 20.80.010(C) is hereby amended as follows: 20.80.010 Scope. C. Such alteration shall not result in a building setback violation or site coverage to less than prescribed by the zoning regulations or areas as required in SVMC 22.130.08022.130.035,Future acquisition areas;and Section 4. Remainder of SVMC Title 20 Unchanged. The remaining provisions of SVMC Title 20 are unchanged by this amendment. Section 5. Severability. If any section, sentence,clause or phrase o f this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of 2012. ATTEST: Mayor,Thomas E. Towey City Clerk,Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Draft Ordinance 12-008 Amending SVMC Title 20 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-009 Amending Appendix A of the SVMC. GOVERNING LEGISLATION: Appendix A. PREVIOUS COUNCIL ACTION TAKEN: Ord. 07-015 § 4, 2007. BACKGROUND: The Office of the City Attorney from time to time reviews the City's Code to verify references to state laws within the Code are correct. As the state legislature makes amendments to state law, the numbering of many state laws will change. Therefore it is necessary to update the City's Code to reflect these changes. All changes proposed are of a housekeeping nature only and are not substantive. The definition section of Appendix A will be amended to update reference to state law including hazardous wastes, ecological functions or shoreline functions, forest lands, mineral resource lands, shorelands or shoreland areas, shoreline of statewide significance, shoreline of the state, and liquor. OPTIONS: Proceed with amendment, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 12-009 to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ordinance Amending Appendix A. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-009 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING APPENDIX A OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO DEFINTIONS THAT CONTAIN INACCURATE CROSS REFERNCES WITHIN THEM; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Appendix A in order to define terms used throughout the Spokane Valley Municipal Code; and WHEREAS, some of the definitions within Appendix A contain inaccurate cross references and citations due to scrivener's errors,amendments,or repeals; and WHEREAS, the inaccurate cross references and citations contained within Appendix A should be amended in order to reflect the proper cross references and citations in order to promote internal consistently within the Spokane Valley Municipal Code and external consistency with State law. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amending Spokane Valley Municipal Code Appendix A Definition for "hazardous waste." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Hazardous waste:All dangerous or hazardous waste materials,including substances composed of,or contaminated by,radioactive and hazardous components as defined in 1 RCW 70.105.010(11).(15). Section 2. Amending Spokane Valley Municipal Code Appendix A Definition for "ecological functions or shoreline functions." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Ecological functions or shoreline functions: The work performed or role played by the physical,chemical,and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200(2)(d)(e). Section 3. Amending Spokane Valley Municipal Code Appendix A Definition for "forest land." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Forest land: Land identified as of long term significance for growing trees for commercial purposes(WAC 365-190-030(7)(6)). Section 4. Amending Spokane Valley Municipal Code Appendix A Definition for"mineral resource lands." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Mineral resource lands: Lands primarily devoted to the extraction of minerals with potential for long-term commercial significance(WAC 365-190-030(13)(1'I)). Section 5. Amending Spokane Valley Municipal Code Appendix A Definition for "shorelands or shoreland areas." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Draft Ordinance 12-009 Amending SVMC Appendix A Page 1 of 2 DRAFT Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways;and all wetlands and river deltas associated with the streams,lakes:(RCW 98.58.030(2)(d)( }). Section 6. Amending Spokane Valley Municipal Code Appendix A Definition for "shoreline of statewide significance." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Shoreline of statewide significance:A natural river or segment thereof east of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 200 cubic feet per second or more and lakes or impoundments of 1,000 or more acres (RCW 98.58.030(2)(N e)). Section 7. Amending Spokane Valley Municipal Code Appendix A Definition for "shoreline of the state." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Shoreline of the state:All of the water areas of the state,including reservoirs,and their associated shorelands,together with the lands underlying them; except: 1. Shorelines of statewide significance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. (RCW 98.58.030(2)(e)($). Shorelines of statewide significance are shorelines of the state. Section 8. Amending Spokane Valley Municipal Code Appendix A Definition for "liquor." Spokane Valley Municipal Code section Appendix A is hereby amended as follows: Liquor:All beverages defined in RCW 66.04.010(25)66.04. 90. Section 9. Remainder of Appendix A Unchanged. The remaining provisions of SVMC Appendix A are unchanged by this amendment. Section 10. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. Section 11. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of ,2012. ATTEST: Mayor,Thomas E. Towey City Clerk,Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Draft Ordinance 12-009 Amending SVMC Appendix A Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2013 Ten Year Anniversary Update GOVERNING LEGISLATION: none PREVIOUS COUNCIL ACTION TAKEN: • Annually updated Six Year Business Plan has included "Enhance community interest and involvement in City government as one of its goals, using a strategy to "Promote a unique Spokane Valley identity, especially for the celebration of the City's ten-year anniversary." • Information item in January 17 Council Meeting Agenda Packet. BACKGROUND: Proposed Planning Schedule In 2008, the City of Spokane Valley coordinated with community members and local organizations to celebrate the five year anniversary of the City's incorporation. Most of the events were presented and or sponsored by collaborating community organizations and included such events as Spokane Valley Day at the Interstate Fair, story days at the library, a special display at Spokane Valley Heritage Museum and others, in addition to a city-sponsored "Birthday Party." To promote Spokane Valley's unique identity and help build community pride, staff is proposing a similar plan to begin meeting with community members and organizations to coordinate a schedule of celebratory events throughout 2013 in celebration of the City's ten-year anniversary. OPTIONS: Council input RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: None in 2012; staff will propose a budget for 2013. STAFF CONTACT: Carolbelle Branch, Public Information Officer ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Parks & Recreation Master Plan Update GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: The City Council adopted the initial Park and Recreation Master Plan in December of 2005. BACKGROUND: The City of Spokane Valley has been in existence since 2003. Beginning in 2004, the Parks and Recreation Department began the process of developing the Department's first Master Plan. The process took approximately two years to complete. There was an extensive effort to involve the Community throughout the process. Surveys were conducted, public visioning workshops were held along with various focus groups discussions with many segments of our City. Our current plan is now six years old and it is time for an update. Staff will again work with a consultant team and the citizens of Spokane Valley to create a comprehensive update to our existing plan. This administrative report provides the Parks Department an opportunity to provide background to the City Council on the Master Plan and to discuss the upcoming process and timeframe. OPTIONS: Provide additional direction to staff RECOMMENDED ACTION OR MOTION: Council Direction BUDGET/FINANCIAL IMPACTS: The 2012 Park budget contains funding for updating the Park and Recreation Master Plan. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: PowerPoint Presentation 1 Master Plan Update Parks and Recreation Department Master Plan Update The Master Plan : Inventories existing park and recreation facilities o Establishes needs based on citizen input and generally accepted standards Prioritizes future acquisitions and development to meet those needs o Provides an inclusive framework for orderly and consistent planning; acquisition; development; and administration of the parks and recreation resources, programs, and facilities Consists of very specific information that serves as the frame or backbone of the Parks and Recreation Department o Key areas of the specific information are developed in detail to serve as the framework of the master plan document Master Plan Update Advantages of a Parks and Recreation Master Plan : Order is brought to the decisions that are made concerning the future parks and recreation activities of the community o As community leadership changes, the master plan maintains consistency in the establishment of priorities and directions Serves as the community statement concerning the planning of parks and recreation facilities, programs, and resources o Establishes statements and directions about what and how much, if any, acquisition or development should occur Allows for easier administration of parks and recreation particularly regarding long-range needs or desires o Enhances the community's ability to receive grant funds from state and federal agencies. Maste Plan Update Purposes of a Master Plan : Provides detailed researched facts concerning the community and the role of parks and recreation o Establishes priorities and statements of direction based upon researched and documented facts Engages the community in the planning process. Many times the process is as important as the plan itself o Provides direction for the community for five-to-ten years o Serves as a decision-making document that allows decisions, problems, and questions to be determined in relationship to the plan o Can be used by all community decision makers, not just the Parks and Recreation Department Allows for consistency in planning Master Plan Update What is contained in our current Parks and Recreation Master Plan: o Goals, policies, and objectives Profile of Spokane Valley in the planning context of parks, recreation facilities, and programs o Inventory of existing parks and facilities o Parks and recreation areas o Facility inventory o Recreation demand analysis o Design guidelines o Analysis of existing operations o Needs assessment which includes public surveys, etc. o Recommendations o Parkland, trails, management, maintenance, and recreation programs Aquatic Facility Analysis Implementation Strategies Master Plan Update Next steps to update the Master Plan : Hire design team to guide updating process o Solicit public input o Surveys Community Meetings o Focus Groups Update inventory of existing parks and facilities Update will have an emphasis on: Acquisition of parkland a Special facilities—pet parks; skate parks o Identifying future park property Master Plan Update Estimated timeframe for update process: o Consultant hired March 2012 Development of draft plan including public input, analysis, etc. —March through June 2012 o City Council review draft update—August 2012 Master Plan Update Major Accomplishments of the Current Plan : Acquisition of Greenacres Park Development of Greenacres Park ^ Development of Discovery Playground o Renovation of Swimming Pools r. Renovation of Valley Mission Park Funding received as a result of the Master Plan : ., $306, 175 toward the acquisition of Greenacres Park o $500,000 toward the development of Greenacres Park o $800,000 toward the development of Discovery Playground CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: West Entry Gateway Signage & Landscaping GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: The City Council has reviewed several signage option concepts for potential entry signs. The Council asked that a citizen's survey be set up to solicit input from citizens on the various signage concepts. Recently the City Council narrowed the entry sign concepts to one and asked to have landscaped concepts for the west entry developed with costs. Four landscaping concepts including placement of a sculpture were presented and they were narrowed to two by the City Council. BACKGROUND: The City of Spokane Valley has been in existence since 2003. There is a growing interest in establishing a City of Spokane Valley identity recognizable by our citizens. The City Council is interested in exploring potential signage options for a variety of City uses. The Parks & Recreation Department presented several signage concepts for the City Council's review and comments along with input from a citizen's survey. Sign concepts have been narrowed by the City Council. Direction was given to develop signage/landscape concepts for the City's west entry. Recently concepts were revised to allow for the potential placement of a sculpture as a part of a west entry gateway project. OPTIONS: Select entry development option OR provide additional direction to staff RECOMMENDED ACTION OR MOTION: Council Direction BUDGET/FINANCIAL IMPACTS: Once a development concept is selected there will be a budget impact cost to construct, install and maintain the sign. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: PowerPoint Presentation S p iiikane/I , , Valle y® r MT■ LA LANDSCAPE ARCHITECTURE & PLANNING WWW.MT-LA.CO M WEST ENTRY GATEWAY SIGNAGE DEVELOPMENT CITY OF SPOKANE EY 1 SITE LOCATION AND CONDITIONS • E APPLEWAY BLVD. The site is located between E Appleway and E Sprague directly east of 1-90 Sprague exit. The site is currently a vacant lot with weeds and sparse grass. Currently, there is no water or electrical service to the site. Water service is available off site from Spokane County Water District 3 northwest of the site on the adjacent property. Electrical service is available at the south west corner along Appleway. 2 1 CONCEPT #3 SCULPTURE LOCATED AT SOUTH WEST PROPERTY CORNER SIGN CONCEPT EXISTING BUILDING FLOWERING TREES COLUMNAR DECIDUOUS TREE EVERGREEN TREE PERENNIAL PLANRNGS PERENNIAL PLANTINGS APPLEWAY BOULEVARD COLUMNAR-- DECIDUOUS TREE EVERGREEN TREE-' 4 CALLOUTS 1 CITY IDENTIFICATION SIGN WITH LIGHT 2 SCULPTURE LOCATION 3 NEW SIDEWALK 4 PROPERTY LINE 5 MOW CURB WITH TRAFFIC CONTROL POSTS 6 IRRIGATED LAWN 7 EXISTING SIDEWALK This concept features a sculpture location at south west corner of the site. The sculpture can be accessed from the new sidewalk on Appleway. Perennial plantings and evergreen trees frame the sculpture and create a sense of place. The sign would be located at the east corner with crabapple trees sidewalk along Sprague and providing a backdrop for the sculpture . 3 CONCEPT #4 ART LOCATED AT EAST PROPERTY CORNER SIGN CONCEPT L RED MAPLE EXISTING BUILDING FLOWERING TREE COLUMNAR DECIDUOUS TREE EVERGREEN TREE PERENNIAL PLANTINGS RED MAPLE APPLE WAY BOULEVARD COLUMNAR—' DECIDUOUS TREE EVERGREEN TREE valomo CALLOUTS 1 CITY IDENTIFICATION SIGN WITH LIGHT 2 SCULPTURE LOCATION 3 NEW SIDEWALK 4 PROPERTY LINE 5 MOW CURB WITH TRAFFIC CONTROL POSTS 6 IRRIGATED LAWN 7 EXISTING SIDEWALK This option locates the sculpture at the eastern most corner of the site. The sculpture would be in a plaza visible from the intersection. Plantings would separate the sign and sculpture, providing a back drop for both. Deciduous trees would line the sidewalks and three flowering crabapples would be located along the western property line. 1 CONCEPT ELEVATION AND PLANT MATERIAL This elevation depicts the West Entry sign framed with deciduous trees with three evergreen trees as a backdrop. Holiday lights could be installed on the evergreen trees. The trees shown at the bottom left represent examples of possible tree selections. CONCEPT COST ESTIMATES Option Number Total Total with Contingency Possible Additional Costs Option #3 Option #4 $101,965.00 $112,161 .50 $6,000.00 $106,912.02 $117,603.22 $6,000.00 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14,2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ®new business ❑ public hearing ❑ information ® admin.report ❑ pending legislation AGENDA ITEM TITLE: Alcohol Advertising Regulations GOVERNING LEGISLATION: WAC 314-52-070 BACKGROUND: The Washington State Liquor Control Board oversees and regulates the outdoor advertising by liquor licensees regarding the sale and/or service of liquor pursuant to the Washington Administrative Code (WAC). WAC 314-52-070 (2) limits retail licensed premises to a total of four (4) outdoor signs referring to alcoholic beverages, brand names, or manufacturers. The same provision also limits the total signage area to 1,600 square inches. A "sign" is defined as a board, poster, neon, or placard display to advertise. WAC 314-52-070(2) specifically provides that local jurisdictions have the option to exempt liquor licenses within the City from the outdoor advertising restrictions through the adoption of an ordinance. The proposed ordinance will exercise the local exemption option. Mike Robb, owner of the Iron Horse Bar and Grill, has requested that Spokane Valley adopt the exemption. OPTIONS: Proceed to First Ordinance Reading or direct staff further. RECOMMENDED ACTION: Council Consensus to bring this forward for a first reading at the February 28,2012 Council meeting. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Kelly Konkright—Deputy City Attorney ATTACHMENTS: Draft Ordinance DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, RELATING TO ALCOHOL ADVERTISING REGULATIONS ESTABLISHED BY THE WASHINGTON STATE LIQUOR CONTROL BOARD; ADOPTING A NEW SECTION TO SPOKANE VALLEY MUNICIPAL CODE SECTION 5.25 WHEREAS,the Washington State Liquor Control Board(LCB)has established in Washington Administrative Code (WAC) 314-52 alcohol advertising regulations to promote public safety; and WHEREAS,WAC 314-52-070 provides administrative regulations enforced by the LCB limiting each retail licensed premises to a total of four outdoor advertising signs,totaling no more than 1,600 square inches,which refer to alcoholic beverages,brand names,or manufacturers;and WHEREAS, WAC 314-52-070(2) specifically provides that a local jurisdiction has the option to exempt liquor licenses located within that local jurisdiction from the limitation on the number of signs regulated under WAC 314-52-070 or other applicable sections of the Washington Administrative Code, NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: 1. A new section 5.25 of the Spokane Valley Municipal Code is adopted as follows: 5.25 Alcohol Advertising Regulations Premises located within the City limits and licensed by the Washington State Liquor Control Board to sell alcohol are exempt from all provisions in Washington Administrative Code (WAC) 314-52-070(2) restricting the number and size of signs referring to alcoholic beverages, brand names, or manufacturers that are affixed or hanging in the windows and on the outside of the premises. Premises so licensed remain subject to the sign regulations contained in SVMC 22.110.010 through .130. All other provisions of WAC 314-52-070 shall remain in effect. As used herein, the terms "premises" shall be as defined in WAC 314-01-005 and used WAC 314-52-070. 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 five (5)days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of ,2012. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12--000—Alcohol Advertising Regulations Page 1 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 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 Discussion GOVERNING LEGISLATION: Resolution 10-020 PREVIOUS COUNCIL ACTION TAKEN: Resolution 10-020 adopted 12-28-2010 BACKGROUND: At the November 1 council meeting,Mayor Towey indicated he would like Council to go through the manual one chapter at a time so councilmembers could discuss the material, ask questions, and make revision suggestions and council concurred. Council discussion continued at the November 29, 2011 meeting,at which time council agreed to 1. Under Formal Meeting Format, order of business, change "Old Business" to unfinished business. 2. Include a roll call at formal meetings and study sessions 3. Include City Manager Comments at every meeting(formal and study session) 4. Reverse the verbiage on page 17 so it would read: ". . . unless notified otherwise, the City Clerk will prepare a hard copy agenda packet for individual Councilmembers." The Governance Manual Committee of Mayor Towey and Councilmember Wick, along with City Manager Mike Jackson, City Attorney Cary Driskell, and City Clerk Chris Bainbridge,met February 1 to discuss manual revisions.The main change from that meeting was the deletion of the Telephone Tree,and adding a sentence or two about materials from outside presenters(page 6). Other areas for possible Council consideration: CHAPTER 1: Council Meetings Page 6: Request for Presentations: includes a request for a written summary Page 8: explains that if an agenda has been amended since its publication, a motion to approve the amended agenda is needed Page 11: added a new paragraph to describe the "pre-agenda meetings." Page 13: whether to keep, omit or modify Councilmember Meeting Participation by Telephone/Video Conference Page 14: Motions and Discussion: added a list of the order of procedure Page 17: Council materials Page 19: Under council materials, added a section on packet materials, explains an RCA (Request for Council Action)form CHAPTER 3—Council contacts Page 24: Social Media Page 26: Informal Communications CHAPTER 5: Committees,Boards, Commissions Page 34: Regional Committees Page 35: In-House Committees: Planning,Lodging Tax,Finance Page 36: Task-Force Page 38: additional definitions? Page 38: Consensus,more detailed definition and examples,includes a"Show of Hands" OPTIONS: 1. Review and make suggestions for changes as council deems appropriate; 2. Schedule as an action item to consider approval of the Amended Resolution at a future council meeting. RECOMMENDED ACTION OR MOTION: Council discretion BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson, Cary Driskell, Chris Bainbridge ATTACHMENTS: 1. Draft Governance Manual; DRAFT for 2012 council meeting SCITY OF o Kane Val le ® Governance Manual Resolution 12- A Comprehensive Collection of Rules and Procedures Adopted Resolution 03-028 adopted 5-13-2003,replaced by Resolution 04-013 adopted 5-25-2004,replaced by Resolution 05-021 adopted 9-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020, adopted 12-11-2007,replaced by Resolution 09-012, adopted 09-08-2009,replaced by Resolution 10-020, adopted 12-28-2010,replaced by Resolution 12-- Page 1 of 44 DRAFT for 2012 council meeting TABLE OF CONTENTS CHAPTER 1: Council Meetings ... 4 A. General .. 5 1.Time and Location 5 2. Open to the Public 5 3. Presiding Officer 5 B. Types of Meetings 6 1. Regular Meetings 6 a.Formal Format 6 b. Study Session Format 8 c. Executive Sessions 9 2. Special Meeting 11 3. Pre-Agenda Meeting 12 C. Meeting Rules and Procedures 12 1. Council Rules of Order 12 2. Quorum 12 3.Attendance,Excused Absences 12 4. Respect and Decorum 12 5. Seating Arrangement 12 6. Dissents and Protests 12 7. Councilmember Meeting Participation by Telephone/Video Conference 13 8.Adjournment Due to Emergency or Disruption 13 9. Permission Required to Address the Council 13 10.Approaching the Dais 13 11. Out of Order Requests 13 12. Photographs,etc. Requiring Artificial Illumination Prior Permission Required 13 13.Voting 14 14.Motions and Discussion 14 Table of Parliamentary Procedure at a Glance 15 15. Ordinances 16 16. Resolutions 16 17. Reconsideration 16 18. Council materials/packets 17 19. Three Touch Principle 17 CHAPTER 2: Legislative Processes and Procedures 18 A. Election of Council Officers 19 B. Filling Council Vacancies 19 C. Legislative Agendas . 19 D. Council Travel Provisions 19 CHAPTER 3: Council Contacts 21 A. Citizen Contacts and Interactions 22 1.Mayor/Council Correspondence 22 2. Citizen Concerns,Complaints and Suggestions to Council 22 3.Administrative Complaints to Individual Councilmembers 22 4. Social Media 22 B. Staff Contacts and Interactions 23 1. Role of the City Manager 23 2. City staff Attendance at Meetings 23 3. City Clerk-Minutes 23 4.Administrative Interference by Councilmembers 23 5. Informal Communications Encouraged 24 Page 2 of 44 DRAFT for 2012 council meeting CHAPTER 4: Hearings 25 A. General Public Hearings 26 1. Purpose 26 2. Legislative Hearings 26 B. Quasi-Judicial 27 1. Purpose 27 2. Specific Statutory Provisions 27 3.Actions/Procedures for a Quasi-Judicial Public Hearing 27 4.Appearance of Fairness Doctrine 29 CHAPTER 5: Committees,Boards, Commissions 31 A. Regional 32 1. Committees 32 2. Council Relations with Boards,Commissions,Advisory Bodies 32 B. In-house 32 1. Standing Committees 32 a. Planning Commission 32 b. Lodging Tax Advisory Committee 33 c.Finance Committee 33 C. Private Committees,Boards,Commissions 35 CHAPTER 6: Disclaimer 36 A. Purpose 37 B. Use 37 C. Reliance 37 Appendices: A. Definitions 38 B. Frequently Used Acronyms 39 C. Index 42 D. Optional Committee Report Form 44 Page 3 of 44 DRAFT for 2012 council meeting CHAPTER 1 Council Meetings - .' y ,. - : ji . "4 ' OM .9 ICE ti -, � Join , ;. S t ; ., �, r , . • 4 {. ; . .1 - "01. .1 . . , _ . • 4rori• iis _ _._ ., . 0: ` '..--.: . , CISP"Pl . . . Af ;y , 1.n .ili. Page 4 of 44 DRAFT for 2012 council meeting A. General 1. Council Meetings-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. 2. Council Meetings-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 (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.13.0351. 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 5 of 44 DRAFT for 2012 council meeting 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 21'd 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 for presentations to be scheduled on the regular formal 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. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened 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 of least ten days prior to the appropriate Council meeting. 3. Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council 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. a. Call to Order by the Presiding Officer. b. Invocation. c. Pledge of Allegiance. d. Roll Call. (See Chapter 1,C3 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, three Councilmembers, or 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. g. Councilmember Reports. Council or government-related activities(e.g. synopsis of committee, commission,task force or other board meetings). These oral 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 D"Optional Committee Report Form") h. Presiding Officer's Report. i. Public Comments. Comments from the public 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. The City Council desires to allow a maximum opportunity for public Page 6 of 44 DRAFT for 2012 council meeting comment. However, 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 of other necessary business. 1. Subjects Not on the Current Agenda. The 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, address, and the subject of their comments, and spell their last name for the record. The Presiding Officer may allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on a future agenda, or refer the matter to administration for investigation and report. 2. Subjects on the Current Agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. As an option,the Presiding Officer may invoke a sign-in procedure. The Presiding Officer in consultation with the City Manager and/or City Attorney, shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone, first giving name,address 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 question and answers, but public comment. When appropriate, staff will research issues and report back to those making the comment as well as to Council. 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 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. 4. There will be no demonstrations during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. 5. 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. 6. 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. 7. Written Public Comments. Citizens have the option of submitting written views, opinions, comments, data and arguments to the 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 during regular or special Council meetings. 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 comments, will be forwarded to Council via e-mail. (See also Public Hearings section regarding public comments.) j. Public Hearings. (See Chapter 4 for procedural details) k. 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 Page 7 of 44 DRAFT for 2012 council meeting further explanation; (3) are so routine,technical or"housekeeping"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. 1. Unfinished Business[includes matters that were pending when the previous meeting adjourned,or matters specifically postponed to the present meeting.] m. New Business. [Action items are designated as New Business] n. Public Comments. [Same as"i"above] (Three-minute time limit each) o. Administrative Reports. Reports or tracking of an administrative issue or topic. p. Information Only Items. These items will generally not be discussed or reported. q. City Manager Comments r. Executive Session (as required). (See Chapter 1, section Blc below) s. 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 must be established before taking a Council vote to extend the meeting. 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. 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,and unless notified otherwise,the City Clerk will not 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 Page 8 of 44 DRAFT for 2012 council meeting 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. 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 for presentations to be scheduled on the regular study session 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. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. 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 items that transpired since the last Council meeting, and to serve as an additional opportunity for Councilmembers to bring up topics for clarification, or to address other upcoming concerns. 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 17] 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; the likelihood of Council taking action at the close of the executive session; and whether Council will return to regular session at the close of the executive session or will adjourn the meeting. 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 oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is Page 9 of 44 DRAFT for 2012 council meeting considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public Records Act(RCW 42.56). 2. RCW 42.30.110 explains the purpose for holding an executive session,some of which include: RCW 42.30.110 (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); RCW 42.30.110 (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) RCW 42.30.110(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); RCW 42.30.110(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.12.160 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.] 4. Attendance at Executive Sessions. The City Attorney will be present at executive sessions and it should be noted that the City Attorney 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 and the Mayor, is determined by the Council. Where appropriate, the Council may invite other city officials, employees, or individuals to attend executive sessions. If Council invites others, those invited should have some relationship to the matter being addressed, or they should be in attendance to otherwise provide assistance to the Council. For example, staff may be needed to present information or take notes or minutes,but per RCW 42.32.030,executive session minutes are not required. Page 10 of 44 DRAFT for 2012 council meeting 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.13.170, 35A.12.110). 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. The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting(RCW 35A.12.110). The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080,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 and study session agendas and to special meeting agendas as well. 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, so therefore it would be permissible for Council to take final action during these meetings. Action items could be added during the meeting and the agenda amended accordingly, but the preferred method is to refrain from adding action items at the last minute to any agenda, since that 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 are generally more in the form of a workshop or retreat, and are 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 does 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 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. Page 11 of 44 DRAFT for 2012 council meeting 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 be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170,35A.12.120) 3. Attendance,Excused Absences RCW 35A.12.060 provides 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#6 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 orally or in writing, against any motion,ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. Page 12 of 44 DRAFT for 2012 council meeting 7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment enables the Councilmember 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. This shall be done by motion at the beginning of the meeting for each request made to participate through the use of telephone/video conferencing. Such participating Councilmember(s) should be present and counted. In such case, adequate equipment must allow the telephone/video conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilmember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. (b) No telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings. Video conferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants, and provided that a video and audio record of the video conference is made and provided to the City Clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing,unless waived by vote of the City Council. 8. 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. 9. 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. 10. 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 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. 11. 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. 12. 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. Page 13 of 44 DRAFT for 2012 council meeting 13. Voting The votes during all meetings of the Council shall be transacted as follows: a. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice. At the request of any Councilmember, a roll call vote shall be taken by the City Clerk. 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 put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual or perceived appearance of a conflict of interest. d. The passage of any ordinance, grant, or revocation of franchise or license, 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. e. 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, shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190(f)). 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 are present and eligible to vote. 14. Motions and Discussion a. Order of Procedure: 1.Member of council makes a motion by stating: "I move . . ." The motion is seconded. Staff makes their presentation. Mayor asks Council if there are any questions for staff. Once all questions have been addressed,the staff member steps away from the podium to allow for the public comment opportunity. 2. The Mayor invites public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. Mayor reminds the public this is time for comments and not discussion; and if the public has questions,those questions will be addressed by staff at another time outside the meeting. 3.Mayor opens the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR§43);and can be prefaced by a few words of explanation,but must not become a speech (RONR§4).All council remarks should be addressed through the Mayor. 4. When discussion has ended, the Mayor re-states the motion or asks the Clerk to re-state the motion. Once the motion is re-stated, the Mayor calls for the vote, which is normally taken by voice.The Mayor or the Clerk then states whether the motion passed or failed. b. In General: 1. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent"approval by default"of a failed negative motion. 2. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless the Council suspends the requirement by majority vote. Upon failure of either a Page 14 of 44 DRAFT for 2012 council meeting prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. 3. Councilmembers should direct questions to the City Manager or the designated presenter. 4. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means "let's discuss it," if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not "die for a lack of a second" but it merely does not progress. 5. The maker of a motion can withdraw their motion without the consent of the seconder, and if the mover modifies the motion, the seconder can withdraw the second. The person making the motion is entitled to speak first to the motion. A maker of the motion can vote against the motion but cannot speak against their own motion. 6. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks must be directed to the Presiding Officer and must be courteous in language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. 7.When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. h. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council,staff and the public. Page 15 of 44 DRAFT for 2012 council meeting Parliamentary Procedure at a Glance Roberts Can be Rules of IF YOU INTERRUPT NEED Debated Can be Order § WANT TO YOU SAY ? 2ND? ? Amended? VOTE 11 Postpone I move to postpone. indefinitely(the ...(an affirmative purpose is to vote can be prevent action reconsidered;a or kill an issue.) negative vote cannot.)indefinitely No Yes Yes No Majority 12 Modify wording I move to amend the of motion motion by... No Yes Yes Yes** Majority 14 Postpone to a Ex: I move to certain time postpone the motion to the next council meeting. No Yes Yes Yes Majority 16 Close debate I move the previous question,or I call for the question No Yes No No Majority* 17 To Table a I move to lay on the motion table,the motion to No Yes No No Majority 19 Complain about Point of Privilege noise,room temperatures, Chair etc Yes Yes Yes Yes decision 20 Take break I move to recess for. -- No Yes No Yes Majority 21 Adjourn I move to adjourn meeting No Yes No No Majority 23 Object to Point of Order procedure or personal affront Chair Yes No No No decision 25 Suspend rules I move to suspend the rules and... No Yes No No Majority* 34 Take matter I move to take from from table the table the motion No to... No Yes No Majority 35 Reconsider I move we reconsider something action on... already disposed of No Yes Yes Yes Majority It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible,then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion. While a motion is still on the table, no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table"is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised,10th Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one)is required by state statute. ** If the main motion to amend can be amended. Page 16 of 44 DRAFT for 2012 council meeting 15. Ordinances Except for unusual circumstances or emergencies, ordinances and resolutions will customarily be prepared, introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. a. A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee, or the Council for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. b. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution,once on the agenda,he or she should so announce,make the initial motion and provide an introduction of the measure. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost,unless a subsequent motion directs its revision and resubmission to first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts,incidents,transactions or decisions occurring before such repeal. 16. Resolutions A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures,a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. 17. Reconsideration Any action of the Council,including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: 1. any action previously reconsidered; 2. motions to adjourn or motions to suspend the rules; 3. an affirmative vote to lay an item on,or take an item from,the table; 4. a previously passed motion to suspend the rules; or 5. a vote electing to office one who is present and does not decline. Such motion for reconsideration: 1. must be reconsidered during the same Council meeting; 2. must be called up when no business is pending(no action is pending); 3. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and is to be taken up when a member calls the motion to reconsider the vote when no other business(action)is pending; 4. must be made by a member who voted on the prevailing side on the original motion; 5. a member who makes this motion should state that he or she voted on the prevailing side; 6. needs a second, and can be seconded by any member; 7. is debatable if the type of motion it reconsiders is debatable; Page 17 of 44 DRAFT for 2012 council meeting 8. is not amendable and requires a majority vote to adopt. If the motion for reconsideration is adopted,the original motion is placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 18. Council Materials a. Council Material Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject,whether that subject is on the agenda or not,in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate the materials are for future reading, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. 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 9] b. Council Packets Councilmembers shall personally pick up their agenda packets from their individual inboxes provided at each Councilmember's desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise, the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. c.Packet Materials Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous council action taken, and background on the topic. Options for council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read,heard, and/or discussed the item at least three times (as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as"I move to",or"I move that"or other similar language. 19. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the "Three Touch Principle" whenever possible. These procedural guidelines are designed to avoid"surprises"to the City Council,citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which will require a decision of the City Council, or administration, should "touch" the decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its Page 18 of 44 DRAFT for 2012 council meeting meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 19 of 44 DRAFT for 2012 council meeting CHAPTER 2 Legislative Process » ' . ® z . / � / . . . it - ... . 4. . . \ . ib x .4 . • , ` { \ � / .• & , ) I._ ill - • . _% . E Z \ .- i , ...,.., : fy � : tik ! ` _ .A . . , \� :� : j \ : �y . y/ �< '•. / £4 . � . •. •• °NM . %:11' 7. ` . • • ' .\ ` I , . J .% IN •a 2\ . \ !/ z7/2 ` • \ � \ ` . ' , -• Page 20 of 44 DRAFT for 2012 council meeting A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember's votes in the minutes of the meeting. 4. In the event the Council is unable to agree on a Mayor by majority vote of members present, the office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person prefers not to serve as Mayor,the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. B. Filling Council Vacancies If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020 and Council's adopted procedure in compliance with RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held,a notice will be published of the vacancy and the procedure for applying. An application will be drafted which contains relevant information to answer set questions posed by the Council, which can be used in conjunction with candidate interviews. Staff will draft an additional set of questions, based on Council's preference,to be used in the actual interview of candidates. C. Legislative Agenda Councilmembers work each year to craft a"legislative agenda"to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level, which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington,D.C. D. Council Travel Provisions Council is allocated a budgeted to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year will be apportioned one- seventh (1/7) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures will be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds,that person will be responsible for payment of any Page 21 of 44 DRAFT for 2012 council meeting travel and related expenses, or they may request a voluntary allocation from another Councilmember who has a balance in their travel apportionment. During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. Page 22 of 44 DRAFT for 2012 council meeting CHAPTER 3 Council Contacts Contact lir pip, to. .. 1 ,.riliftly i dirdWAllift* .. J 74111111kiPl% --ft.:011114, 4 .-, P- i N4X44 _ ,17.„,..., ...-...,•....- Y 111-114411i Vit ' Page 23 of 44 DRAFT for 2012 council meeting A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision will not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some or all Councilmembers, the Mayor shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: a. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee,administration, or to the Council for study and recommendation. b. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential,in conformity with applicable statutes,ordinances,regulations,policies or practices. Although citizens' direct access to elected officials is to be encouraged to help develop public policy,City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a "meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from"friending"other Councilmembers. Page 24 of 44 DRAFT for 2012 council meeting B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally-defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 2. City Staff Attendance at Meetings The City Manager or his/her designee, shall attend all meetings of the City Council,unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand,keeping in mind that the City Manager must also protect the productive capability of department heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk-Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk, shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk,the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. When practical, and with the exception of executive sessions, the City Clerk shall audio and/or video record the proceedings of all City Council meetings. Access to the recordings shall be made reasonably available to any party who so requests,according to City public disclosure procedures. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. When practical,video recordings of Council meetings shall also be housed on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from,any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives,tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) Page 25 of 44 DRAFT for 2012 council meeting 5. Informal Communications Encouraged The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 26 of 44 DRAFT for 2012 council meeting CHAPTER 4 HEARINGS fir 411:111:1110 F k Page 27 of 44 DRAFT for 2012 council meeting A. General Public Hearings 1. Purpose Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses matters such as comprehensive land use plans, or the annual budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific,private parties in a contested setting,but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. 2. Legislative Public Hearings a. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the presiding official at the beginning of the hearing: 1. All public comments shall be made from the speaker's podium, and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4. There will be no demonstrations,applause or other audience participation,before,during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments will be read by the City Clerk at the pleasure of the Mayor. In the interest of time,the Mayor may limit the reading of such comments,to the Clerk reading who the letter or written material is from, and if easily discernable, whether that person is for or against the issue at hand. All written comments become an official part of the record. 6. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. b. The Presiding officer declares the public hearing on (topic) open,notes the time for such opening,and asks staff to make their presentation. c. After staff presentations,the Presiding Officer calls for public comments. d. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions,the appropriate individual will be recalled to the podium. e. The Presiding Officer declares the public hearing closed and notes the time for such closing. Page 28 of 44 DRAFT for 2012 council meeting B. Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig,MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, per RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1)places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) c. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. d. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and/or City Council shall be provided with a document containing the following information: (1)the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue,the applicant should do so at least two weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 3. Actions/Procedures for a Quasi-Judicial Public Hearing See the following excerpt from the Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures: Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The Council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the Hearing Examiner,except for: 1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the appellant at the time the record was created;or 2.Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner; or 3.Matters that were outside the jurisdiction of the Hearing Examiner. The Council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in subsections(A)(1),(2)or(3)of this appendix. Page 29 of 44 DRAFT for 2012 council meeting a. Any party requesting that the record be supplemented shall submit such request,along with the specific evidence to be offered to the Council, within 14 calendar days of the date the appeal hearing was scheduled. b. The Council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The Council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: i. The appellant may file a memorandum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the Council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record,except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the City Attorney,and to opposing parties as practicable. B. The Council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1. It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal. Accordingly,all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal,and then rebuttal and surrebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for those parties in opposition to the appeal,regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council is not included in the time allowed for argument. C. The Council may affirm or reverse the Hearing Examiner's decision, or remand it for further proceedings. The Hearing Examiner's decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the Hearing Examiner's decision. D. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards is met: 1. The Hearing Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law,after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous application of the law to the facts; 5. The decision is outside the authority of the Hearing Examiner. E. The Council may also remand the decision to the Hearing Examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the Hearing Examiner. "Newly discovered evidence"is evidence that with reasonable diligence could not have been discovered and produced at the time the proceedings before the Hearing Examiner were conducted. Page 30 of 44 DRAFT for 2012 council meeting F. The Council shall adopt written findings and conclusion in support of its decision. If the Council concludes that a finding of fact by the Hearing Examiner, upon which the decision is based, is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same,and the decision of the Hearing Examiner shall be affirmed. G. The Council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued,by filing a land use petition with the Superior Court as provided in Chapter 36.70C RCW and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.075. H. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation,pursuant to RCW 36.70B.130. I. The City Clerk shall,within five business days from the date of the Council's decision on the appeal, mail a copy of the Council's decision to the appellant, the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the Council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The City Clerk shall also provide notice of the decision to the County Assessor. J. Where the Hearing Examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, the City Manager or designee shall modify the official zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning map completes the Hearing Examiner's decision and shall be considered the final legislative action of the City Council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08-022,2008). 4 . Appearance of Fairness Doctrine a. "The test of whether the Appearance of Fairness Doctrine has been violated is ... as follows: Would a disinterested person,having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 348 (1976); Smith vs. Skagit County, 75 Wn.2d 715 (1969). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights,duties,or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development proposal which is quasi-judicial in nature. c.Obligations of Councilmembers-Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest,but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each Councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how Page 31 of 44 DRAFT for 2012 council meeting remote,the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known,prior to the issuance of the decision. Upon failure to do so, the doctrine may not be relied upon to invalidate the decision consistent with state law. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness Doctrine violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. Further, if two or more Councilmembers believe that an Appearance of Fairness Doctrine violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies,the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record;or 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. Page 32 of 44 DRAFT for 2012 council meeting CHAPTER 5 COMMITTEES, BOARDS, COMMISSIONS Yigi IDIlki' . ' II* -id ' Albh or - ,iii._ ei . _ . . 1 • d ' -774 ...... ,.... ik Page 33 of 44 DRAFT for 2012 council meeting A. Regional Committees, Boards, etc. 1. Committees Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies Councilmembers are encouraged to share with all Council members,copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an agenda under New Business, Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting,or take other appropriate action. Councilmember(s)may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. B. In-House Committees, Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Following are established in-house committees: a. Planning Commission -- 7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. (Ord. 07-015 §4,2007). 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training,experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor,when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the 31st day of December." Page 34 of 44 DRAFT for 2012 council meeting b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two-year terms. (Ord. 27 §4,2003)." c. Finance Committee-- 3 members. "SVMC 2.50.120(a) and(b)Establishing travel policies and procedures. a. The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council finance committee. It is recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimbursement of valid expenses. The Council directs that the finance committee consider the following in the development of travel policies and procedures: (A). Reimbursement for transportation costs when using personal automobiles including rates to be established on a mileage or other reasonable basis and for airfare or other mode of travel; (B). Reimbursement for hotel/motel accommodations; (C). Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; (D). Reimbursement for incidental expenses such as parking, taxis, buses, rental cars,etc.;and(E). Such other matters that are reasonably related to travel. b. The finance department,under the supervision of the finance committee, is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with state regulations and guidelines established by the State Auditor. For administrative staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel expenses and reimbursement for Council members. The Council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time. (Ord.29 § 1,2003)." The Finance Committee shall have no regular prescribed duties or meetings except the bills/payroll and warrant procedures required by state law,unless specifically charged by the City Council. Page 35 of 44 DRAFT for 2012 council meeting SVMC 3.35.010(D) Contract Authority The finance committee of the City Council is authorized to approve change orders on short notice that are in excess of the amounts authorized in subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event,the city manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. (Ord. 07-004 §2, 2007; Ord. 03-072§ 2,2003.). 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. 4. Council Liaison. Appointments shall be by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place, or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaison functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 5. Task Force. The City Council may create, and confirm the Mayor's recommendation to appoint members to small task force groups. A task force is a temporary group formed and "tasked" by legislative authority to study a specific subject for a specified period of time. 6. After consultation with the City Manager, any other Council committees, citizen task forces or similar organized groups shall have rules or operating procedures thereof established by Council directive with special attention to RCW 35A.13.120. Such committees shall be commissioned for a time certain,not to exceed two years or the term of the appointing Mayor,whichever is less and be provided with a clear task description. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such committees shall be subject to review whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any committee,board or commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. No advisory board,commission, committee or task force shall take any final action outside of an open public meeting unless permitted to do so per state statutes, and when permitted by state statutes, no final action shall be taken without the foreknowledge and approval of majority vote of the Council. C. Private Committees, Boards, Commissions The Council recognizes there are various other private boards and committees, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of these committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. Page 36 of 44 DRAFT for 2012 council meeting CHAPTER 6 Disclaimer mar- Disclaimer A. Purpose These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. B. Use No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office,misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. C. Reliance Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules, or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. Page 37 of 44 DRAFT for 2012 council meeting Appendix A: Definitions DEFINITIONS: Action: All transactions of a governing body's business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW 42.30.010,42.30.020(3)]. Codified: The process of forming a legal code (i.e., a codex or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that they should meet twice a month. General agreement or harmony. [Random House Webster's College Dictionary, April 2001] [Wikipedia: explains it as a group decision making process; not necessarily the agreement. In other words,the question to the group is: "Is this something you can live with?" or, Does anyone object?] It is not unanimity,but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. Sometimes knowing there will be an up-down vote at the end often polarizes the discussion. It does not require each member of the group to justify their feelings. [Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt..'7 Similar to a verbal "show of hands" on who feels particiularly strong on this?" Sometimes thought of as preliminary approval without taking final "action." A show of hands is not an action that has any legal effect. [See"Voting and Taking Action in Closed Sessions"by Frayda Bulestein.] Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing State or Federal statutes,City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot,including general obligation bonds,are not codified into the City's municipal code. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. 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." Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Social media uses many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo- sharing, video-sharing,podcasts, and social networking. (From MRSC, and Social Media and Web2.0 in Government,WebContent.gov) Page 38 of 44 DRAFT for 2012 council meeting Appendix B: Frequently Used Acronyms AACE-American Association of Code Enforcement ADA-Americans with Disabilities Act ADT-Average Daily Traffic ATF -Bureau of Alcohol,Tobacco&Firearms AWC -Association of Washington Cities BOCC-Board of County Commissioners CAFR-Comprehensive Annual Financial Report CDBG-Community Development Block Grant CIP -Capital Improvement Plan CM-City Manager CM/AQ-Congestion Mitigation&Air Quality Program CTED-Community,Trade,&Economic Development(now Department of Commerce) CTR-Commute Trip Reduction(legislation) CUP -Conditional Use Permit DEIS-Draft Environmental Impact Statement DEM-Department of Emergency Management DNR-Department of Natural Resources DNS -Declaration of Non-Significance DOE-Department of Ecology; Department of Energy DOT-Department of Transportation E911 -Enhanced 911 EA-Environment Assessment EDC -Economic Development Council EEO/AA-Equal Employment Opportunity/Affirmative Action EEOC-Equal Employment Opportunity Commission EIS-Environmental Impact Statement EOE-Equal Opportunity Employer EPA-Environmental Protection Agency ERU-Equivalent Residential Unit(for measuring water-sewer capacity and demand) ESU-Equivalent Service Unit(for measuring stormwater utility fees) F &WS-Federal Fish&Wildlife Service FAA-Federal Aviation Administration FCC-Federal Communications Commission FEIS -Final Environmental Impact Statement Page 39 of 44 DRAFT for 2012 council meeting FEMA-Federal Emergency Management Agency FICA-Federal Insurance Contribution Act FIRM-Flood Insurance Rate Maps FLSA-Fair Labor Standards Act FMILA-Family Medical Leave Act FY-Fiscal Year GAAP -Generally Accepted Accounting Principles GASB-Governmental Accounting Standards Board GIS-Geographic Information System GMA-Growth Management Act GPM-Gallons Per Minute HOV-High-Occupancy Vehicle HR-Human Resources HUD-Housing&Urban Development(Department of) ICMA-International City/County Management Association L&I-Labor&Industries(Department of) LID-Local Improvement District MGD-Million Gallons per Day MOA-Memorandum of Agreement MOU-Memorandum of Understanding MPO-Metropolitan Planning Organization MRSC-Municipal Research Services Center NEPA-National Environment Policy Act NIMBY-Not In My Backyard NPDES-National Pollutant Discharge Elimination System PE-Preliminary Engineering; Professional Engineer PERC-Public Employment Relations Commission PMS-Pavement Management System PPE-Personal Protective Equipment PPM-Parts Per Million; Policy&Procedure Manual PUD -Public Utility District PW-Public Works QA-Quality Assurance RCW-Revised Code of Washington REET-Real Estate Excise Tax RONR Robert's Rules of Order Newly Revised Page 40 of 44 DRAFT for 2012 council meeting ROW-Right of Way SAO - State Auditor's Office SBA- Small Business Administration SEPA- State Environmental Policy Act SMA- Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB-Transportation Improvement Board TIP -Transportation Improvement Program TMDL-Total Maximum Daily Load UBC-Uniform Building Code UFC-Uniform Fire Code UGA-Urban Growth Area WAC -Washington Administrative Code WACO-Washington Association of County Officials WCIA-Washington Cities Insurance Authority WCMA-Washington City/County Management Association WSDOT-Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities&Transportation Commission WWTP -Wastewater Treatment Plant Page 41 of 44 DRAFT for 2012 council meeting APPENDIX C: INDEX finance•40 Finance•24,40 9 Formal Format•2,6 Forms of Address•6,10 9:00 p.m•8 H A hearing•8,20,31,32,33,34,35,36,42,43 absence•5,6,10,12,28 Hearing•33 Adjournment 8,14 hearing examiner•33,34,35 Advance Agenda•12 agenda •6,7,8,9,10,11,12,14,17,19,20,21,23,26,39 amend•18,19,43 1 amended •6,16,17,19 amended agenda •6,9 Interference•28 Appearance of Fairness Doctrine•35,36,41 Approaching the Dais•14 Attendance•11,12,28 L last six months•24 Legislative Agenda•23 Lodging Tax Advisory Committee •40 Citizen Contact•26 City Clerk•6,7,8,9,11,12,16,19,20,23,28,31,33 City Manager•6,7,9,10,12,14,16,17,19,20,26,28,36, M 41,46 Comments 7,8,9,10,14 material 6,9,20,31 Complaints•26 Motion•10,44 Consensus•44 Motions•16 Contract Authority•41 Correspondence•3,26 Council liaison•41 Council Packets•20 National League of Cities•23 D new item•6 Non-action•9,12 demonstrations•7,31 Deputy Mayor•5,6,12,23 O display materials•7 Open Public Meetings Act•5 E Ordinances•19,21,44 Election of Officers•23 emergency•6,11,14,16,20 Emergency•14,46,47 emergency ordinance•16 parliamentarian 12 excuse 6,10,12,16,36 Parliamentary Procedure•2,18 excused•12,28 Photographs•14 Executive Session 8,10 Planning Commission•33,39,41 Executive Sessions•2,5,10,11 podium 14,16,31 Ex-Parte communications•33 posterboards 7 PowerPoints•6,9 Pre-Agenda •2,12 F presentations•6,7,9,31 Presiding Officer•2,5,6,7,8,9,10,12,13,14,17,19,23, 28,31,32,36,39,41 Filling Council Vacancies•2,23 Public Disclosure•33 Page 42 of 44 DRAFT for 2012 council meeting Q T Quasi-Judicial•3,33 Table•18 Quorum•12 Task Force•7,41 three 6,7,8,11,12,21,31,40 three Councilmembers•6 R three touch principle•19 Three Touch Principle•21 Reconsideration•2,19 Time 5,31 regular meetings•5,12 Travel Provisions 24 Reports•6,8,39 Request for Council Action form(RCA)•20 Resolutions•19,21,44 U respect•13,39 Roll Call•6,10 Unfinished•8 $ V Seating Arrangement•13 Voting•2,9,11,12,16 show of hands•44 social media•26,44 Social Media•3,26,44 IN SPECIAL MEETINGS•11 Study Session Format•2,8 written findings•35 Written Public Comments•8 Page 43 of 44 DRAFT for 2012 council meeting Optional Committee Report Form Meeting Date: Committee: Councilmember's Committee Standing: (board member,liaison,etc): 1.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 2.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 3.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: Page 44 of 44 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of February 8,2012; 3:30 p.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 February 21,2012, Study Session Format,6:00 p.m. [CONFIRMED joint mtg w/SV Planning Commission] Agenda Topics Include: Shoreline Master Program Schedule, Planning Commission Roles and Responsibilities February 28, 2012,Formal Meeting Format,6:00 p.m. [due Tues,Feb 21] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending 2012 Budget—Mark Calhoun (10 minutes) 3. Second Readings Proposed Ordinances Amending SVMC Housekeeping—Cary Driskell (20 minutes) 4.First Reading Ordinance Amending Chapter 22.70,Landscaping—Karen Kendall (20 minutes) 5.First Reading Ordinance re Signage and Sale of Alcohol—Kelly Konkright (15 minutes) 6.Motion Consideration: Approval of Fire Department Interlocal Agreement(fees)—C. Driskell (10 minutes) 7.Admin Report: Lodging Tax—Round Two—Mark Calhoun (20 minutes) 8.Admin Report: Spokane River Regional Toxics Task Force Memo of Agmnt—Neil Kersten (20 minutes) 9. Info Only: Dept Reports [*estimated meeting: 125 minutes] March 6,2012,Study Session Format,6:00 p.m. [due Mon,Feb 27] 1. Revisions to Title 24 Building Code —Doug Powell,John Hohman (20 minutes) 2. Ordinance Regarding Franchises—Cary Driskell (20 minutes) 3. Code Enforcement Policy—John Hohman (20 minutes) 4.Advance Agenda (5 minutes) 5. Information Only: Draft Amended 2012 TIP [*estimated meeting: 65 minutes] NLC Congressional City Conference:March 10-14, 2012, Washington,D.C. March 13, 2012,Formal Meeting Format,6:00 p.m. [due Mon,March 5] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance Amending Chapter 22.70,Landscaping—Karen Kendall (10 minutes) 3. Second Reading Ordinance re Signage and Sale of Alcohol—Kelly Konkright (15 minutes) [*estimated meeting: minutes] March 20, 2012, Study Session Format,6:00 p.m. [due Mon,March 12] 1. Draft Amended 2012 TIP—Steve Worley (15 minutes) 2.Advance Agenda [*estimated meeting: minutes] March 27,2012,Formal Meeting Format,6:00 p.m. [due Mon,March 19] 1.PUBLIC HEARING: Draft Amended 2012 TIP—Steve Worley (— 10 minutes) 2. Consent Agenda(claims,payroll minutes) (5 minutes) 3.Motion: Lodging Tax Allocations—Mark Calhoun (20 minutes) 4.Motion: Draft Amended 2012 TIP—Steve Worley (10 minutes) 5. Info Only: Dept Reports [*estimated meeting: 45 minutes] April 3,2012, Study Session Format,6:00 p.m. [due Mon,March 26] 1.Advance Agenda April 10, 2012,Formal Meeting Format, 6:00 p.m. [due Mon,April 2] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) Draft Advance Agenda 2/9/2012 2:30:52 PM Page 1 of 2 April 17,2012,Study Session Format,6:00 p.m. [due Mon,April 9] 1. Advance Agenda April 24, 2012,Formal Meeting Format,6:00 p.m. [due Mon,April 16] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Info Only: Department Reports May 1,2012, Study Session Format,6:00 p.m. [due Mon,April 23] 1. Draft 2013-2018 Six-Year TIP—Steve Worley (20 minutes) 2.Advance Agenda May 8, 2012,Formal Meeting Format,6:00 p.m. [due Mon,April 30] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) May 15, 2012,Study Session Format,6:00 p.m. [due Mon, May 7] 1.Advance Agenda (5 minutes) May 22,2012,Formal Meeting Format,6:00 p.m. [due Mon,May 14] 1.PUBLIC HEARING: Draft 2013-2018 Six-Year TIP—Steve Worley (-15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Info Only: Department Reports May 29, Study Session Format,6:00 p.m. [due Mon,May 21] 1.Advance Agenda (5 minutes) June 5,2012, Study Session Format, 6:00 p.m. [due Mon,May 28] 1.Advance Agenda June 12,2012, Special Meeting: 8:30 a.m.to 4:00 p.m.Summer Council/Staff Retreat June 12,2012,Formal Meeting Format,6:00 p.m. [due Mon,June 4] 1. Consent Agenda(claims,payroll,minutes) 2.Motion Consideration: Adoption of Proposed 2013-2018 Six-Year TIP—Steve Worley (10 minutes) 3. Info Only: Department Reports [*estimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Prosecution Services Bidding Contracts(SVMC 3.—bidding exceptions) Retreat(June/July?) Centennial Trail Agreement Revenue Policy,Cost Recovery Community Dev.Block Grant(CDBG)Update Senior Housing Contracts,Annual Renewals,histories,etc. Shoreline Draft Goals and Policies Governor's Budget Reduction Alts,Review of Sidewalks Graffiti,Code Enforcement,etc. Speed Limits,(overall system) Great Northern Railroad Right-of-way Sprague Appleway Corridor Environ.Assessment Investment Accounts Law Enforcement Interlocal Amendment *time for public or council comments not included Manufactured Homes Mission Ave Design(Mission&Long ped. crossing) Draft Advance Agenda 2/9/2012 2:30:52 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14, 2012 Department Director Approval: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: 2012 TIGER Discretionary Grants (TIGER IV) - Sullivan Rd West Bridge Replacement Project GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: June 28, 2011, Resolution #11-005 adopting the 2012-2017 Six Year Transportation Improvement Program (TIP); Sept 27th, 2011, Approval to submit 2011 TIGER Discretionary Grant (TIGER III) application. BACKGROUND: On January 31, 2012, the U.S. Department of Transportation (USDOT) published a Notice of Funding Availability for 2012 TIGER Discretionary Grants (TIGER IV). The TIGER program focuses on transportation projects that improve the long term economic competitiveness of the Nation and region. Pre-applications are due Monday, February 20, 2012 to USDOT. The pre-application serves as a threshold determination to verify basic project eligibility. If the project passes the pre- application review, final applications are due Monday March 19th, 2012. This is a very short turnaround time. Approximately $500 Million is available on a nationwide competitive basis. The minimum project award for urban governments is $10 million with a minimum 20% non-federal match. A grant application for the Sullivan Road Bridge Replacement Project was prepared in October 2011 for the TIGER III program, however, funding under that program was not received for this project. Staff has evaluated the current grant criteria and funding restrictions and has determined that the Sullivan Road West Bridge Project would still be a competitive candidate for this grant. Only minor changes have been made to the criteria for this application cycle. It is anticipated that the information prepared for the TIGER III application can be easily updated for a TIGER IV application. The Sullivan Bridge project appears to fit well with many of the goals of the application criteria. However, the largest obstacle is the schedule. Prospective projects must be ready to obligate construction funds by June 30, 2013. A current draft of an accelerated schedule shows that this deadline can be met even with the extensive environmental review and permitting process. This will require a very aggressive effort to get through this process quickly. Staff plans to submit the pre-application for this project by February 20th. If a decision is made to proceed with the final application, Staff will review the TIGER IV application packet and update as necessary to prepare a final application by the March 19th deadline. Minimal consultant assistance may be required to update the application packet. Staff is working to determine what this consultant cost would be. OPTIONS: Information only RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS: If this grant opportunity is pursued, the city would be required to provide a non-federal match of 20%. Currently the estimated cost of the project is $19.7 million, of which $3.94 million would be needed for the local match. The $2M in state grant funds received from FMSIB would count towards this local match. The remaining $1.94 million would need to come from the City and/or another non-federal source. If the proposed TIGER application is developed, staff will coordinate with the Finance Department to identify funds to provide the needed match for the proposed project. Current Funding Scenario TIGER III Funding Scenario Federal Funds: Federal Funds: $8 M (Secured) Federal BR Funds $10 M (Unsecured) Federal TIGER IV $6 M (Secured) Federal BR Funds Non-Federal Funds Non-Federal Match: $2 M (Secured) State FMSIB Funds $2 M (Secured) State FMSIB Funds Balance of Funds Needed Balance of Funds $10 M $2 M Needed (Unsecured) (TIB, State Legislature, Private, (Unsecured) (TIB, State Legislature, City, Federal) Private, City) STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Neil Kersten, AIA— Public Works Director ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 14th, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: STA Agreement - Sidewalk and Transit Accessibility Project #0154 GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: This item was part of the Admin Report for 2011 New Freedom Call for Projects brought before council on February 8th, 2011. Council gave consensus to submit New Freedom Applications to SRTC. BACKGROUND: On January 19, 2011 the Spokane Regional Transportation Council (SRTC) issued a New Freedom Call for Projects for allocation of Federal Transit Administration (FTA) Section 5317 funding. STA is the designated recipient for FTA funds. The funding level for Spokane County was approximately $252,000. Project applications were due Tuesday, February 15th, 2011. New Freedom funds are targeted towards projects and programs that provide new or enhanced public transportation and public transportation alternatives for individuals with disabilities in both rural and urban areas. Eligible capital projects include sidewalks, accessible bus stops and shelters. Although these federal funds (available through STA) and the City matching funds, do not help our street preservation efforts, this project will improve access to several public transit routes and provide opportunities for bus shelters, which benefit many of our citizens. Staff evaluated the New Freedom grant criteria and identified projects that have the highest potential to receive funding and greatest benefit to pedestrians and bus riders and submitted the grant application. The project was selected for funding. City employees coordinated with STA and FTA developing site plans and receiving a categorical exclusion on the environmental impacts of the project. FTA and STA approved the authorization of funding for improvements set forth in the grant application. However, STA later learned that the total amount of funds available was $178,790; less than originally anticipated. Attached is a draft agreement between STA and Spokane Valley for the use of Federal Transit Administration (FTA) funds. Public Works and Legal staff reviewed the agreement and provided comments to STA. Once a final draft of the agreement is prepared staff will bring it to council for review. RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS: The required match on New Freedom funded projects is 20%. With a total grant amount of $178,790, a 20% match from the city is $44,698. This brings the total project budget to $223,488. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer; Neil Kersten, AIA — Public Works Director ATTACHMENTS: 1) December 2011 Draft Agreement with STA for New Freedom Funds, 2) Project Vicinity Map. 1 Grant Management Agreement Designated Recipient/Grant Manager Grant Recipient Spokane Transit Authority City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 1229 W. Boone Avenue Spokane Valley,WA 99206 Spokane,WA 99201 Contact: Gordon Howell (509) 325-6058 Contact: Steve Worley (509) 720-5014 Project Costs Federal Funds $ 178,790 State Funds $ 0 Subrecipient Funds $ 44,698 Total Funds $ 223,488 Grant Number: Scope of Project: As set forth in Exhibit I, Scope of WA-57-X014—"Sidewalk& Transit Access" - Project and Budget, attached and incorporated by this FTA New Freedom Grant reference. Term of Project: 8/10/2011 through the Service Area: City of Spokane Valley,Washington estimated completion date of 6/30/2013. THIS GRANT AGREEMENT, hereinafter "AGREEMENT", is entered into by Spokane Transit Authority, a municipal corporation of the State of Washington, hereinafter"STA," and the City of Spokane Valley, Washington, a non-charter code city of the State of Washington,hereinafter"COSV"or"GRANT RECIPIENT";and WHEREAS, STA is the Designated Recipient of certain federal grant funding authorized under 49 U.S.C. chapter 53, and specifically,grants awarded by the Federal Transit Administration(FTA)under 49.U.S.C. §5317;and WHEREAS, through a local process, COSV is the locally selected recipient of an FTA New Freedom grant, identified as Grant No.WA-57-X014—"Sidewalk&Transit Access", (also referred to as"Grant")funding authorized under 49 U.S.C. § 5317, and any subsequent amendments and resolutions thereto;and WHEREAS, STA, as the Designated Recipient, is responsible for the administration and management of COSV's use of the proceeds of Grant No. WA-57-X014 pursuant to 49 U.S.C. § 5317 and will reimburse COSV for costs incurred in completion of the Sidewalk&Transit Access project using Grant proceeds,upon determination of COSV's compliance with Grant requirements. NOW, THEREFORE, in consideration of the terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit I, "Scope of Project and Budget," which is incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1 Purpose of Agreement and Definition of Terms The purpose of this AGREEMENT is to facilitate STA's provision of grant management services to COSV for FTA Grant Agreement No.WA-57-X014 funding awarded for the construction of sidewalks and transit stop accessibility improvements to be used in the provision of transportation services to the residents and people within the City of Spokane Valley, hereinafter referred to as the "Project." Capitalized terms used in this Agreement shall have the same meaning and definitions as set forth in FTA Grant Agreement No WA-57-X014. Section 2 Scope of Project The GRANT RECIPIENT shall undertake and complete the construction of the sidewalk and transit stop accessibility improvements as detailed in Exhibit I, "Scope of Project and Budget," which is by this reference fully incorporated herein as if fully set out in this AGREEMENT, and construct the improvements within the area described in the caption space header above titled"Service Area", in accordance with the terms and conditions of this AGREEMENT. The caption space header titled"Service Area"and all caption space headers above by this reference are incorporated herein as if fully set out in this AGREEMENT. Page 1 of 17 Section 3 Term of Project The Project period of this AGREEMENT shall begin on the date shown in the caption space header above titled "Term of Project"and continues through the end of the completion of the Project. Section 4 Grant Recipient's Project Cost Funds The Federal Funds available for the Project shall not exceed the amount indicated in the caption space header above titled "Project Costs." The GRANT RECIPIENT agrees to expend"Contractor Funds"allocated for the Project in an amount sufficient, when added together with the "Federal Funds" allocated for the Project, to ensure payment of eligible expenses as described in Exhibit I, "Scope of Project and Budget" of this AGREEMENT. The GRANT RECIPIENT further agrees that there shall be no reduction in the amount specified as the "Contractor Funds" unless there is a concurrent proportional reduction in the "Federal Funds"or STA pre-approves the reduction in writing. If at any time the GRANT RECIPIENT becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will exceed or be substantially less than the amount indicated in the caption space header above titled "Project Costs", the GRANT RECIPIENT shall notify STA promptly in writing to that effect. The GRANT RECIPIENT agrees that"Project Costs"eligible for Federal participation and"Contractor Funds"used as a match to FTA funds,must comply with the standards of OMB Circular A-87,Revised,"Cost Principles for State and Local Governments." Section 5 Construction Inspection Throughout the term of this AGREEMENT,the GRANT RECIPIENT shall complete construction of the sidewalk and transit stops ("Project Improvements") pursuant to this AGREEMENT. Upon completion of the Project Improvements, the GRANT RECIPIENT shall fully inspect the Project Improvements to ensure that the improvements comply with all regulations, rules, and laws and meet the design and engineering plans for the Project. Section 6 Miscellaneous Charges and Conditions The GRANT RECIPIENT shall pay and be solely responsible for all charges,late fees and fines,as well as any fees(including permits and inspection fees) and taxes, which may be imposed with respect to said Project. All replacements, repairs, or substitutions of parts or equipment shall be at the cost and expense of the GRANT RECIPIENT. Section 7 Payment A. STA,using FTA grant funds, shall reimburse the GRANT RECIPIENT's allowable expenses incurred in completing the Project described in Exhibit I,"Scope of Project and Budget." Allowable Project expenses shall be determined by STA based on FTA and other applicable federal guidelines. B. Payment will be made by STA on a reimbursable basis.Payment is subject to the submission to and approval by STA of appropriate invoices,reports,and financial summaries. Any financial summaries submitted to STA must include a record of the actual Project net costs. C. The GRANT RECIPIENT's final payment request for"Funds"must be received by STA,within thirty(30)days of the completion of the Project or within thirty(30)days of the termination of this AGREEMENT,whichever is sooner. Any payment request after this time will not be eligible for reimbursement. Section 8 Subcontracts The GRANT RECIPIENT agrees to include Sections 9 through 25 of this AGREEMENT in each subcontract financed in whole or in part with Federal assistance provided by FTA;and in all contracts it enters into for the employment of any individuals, procurement of any materials,or the performance of any work to be accomplished under this AGREEMENT, subject to the limitations set forth in Sections 19C2 and D.2 of this AGREEMENT. It is further agreed that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition,the following provision shall be included in any advertisement or invitation to bid for any procurement by the GRANT RECIPIENT under this AGREEMENT: Statement of Financial Assistance- This AGREEMENT is subject to a financial assistance contract between the City of Spokane Valley and the Federal Transit Administration. Section 9 Reports A. Reports. The GRANT RECIPIENT shall advise STA regarding the progress of the Project at such times and in such manner as STA and FTA may require,including,but not limited to,interim reports. The GRANT RECIPIENT shall keep satisfactory Page 2 of 17 written records with regard to the construction and equipment and shall submit the following reports to,and in a form and at such times prescribed by, STA until the Project is completed. 1.The GRANT RECIPIENT shall provide to STA periodic reports describing the progress of construction improvements as described in"Scope of Project and Budget"in Exhibit I hereto. 2.The GRANT RECIPIENT shall collect and submit to STA,at such time as STA may require, such financial statements, data,records,contracts,and other documents related to the Project as may be deemed necessary by STA and FTA. B. Remedies for Misuse or Noncompliance. The GRANT RECIPIENT shall not perform the construction of the Project in a manner different from that set forth in Exhibit I,"Scope of Project and Budget,"and the"Service Area"identified in the AGREEMENT. FTA may require STA to withhold Grant payments should it determine that the GRANT RECIPIENT has failed to comply with any provision of this AGREEMENT. If Federal participation and funding is either reduced or canceled as a result of a breach by the GRANT RECIPIENT,the GRANT RECIPIENT is then liable for all damages from the breach,even though those damages exceed the price payable under this AGREEMENT. Section 10 General Compliance Assurance The GRANT RECIPIENT agrees to give reasonable guarantees that it and its subcontractors or third party contractors under this AGREEMENT,will comply with all requirements imposed by,or pursuant to,the Federal Transit Act including any amendments thereto,and the Federal Regulations. The GRANT RECIPIENT agrees to comply with the provisions of 49 C.F.R. Part 18 and the"Common Rule"as defined in OMB Circular A-87. The GRANT RECIPIENT agrees that the United States,any agency thereof, STA and any of STA's representatives,have not only the right to monitor the compliance of the GRANT RECIPIENT with the provisions of this assurance,but also have the right to seek judicial enforcement with regard to any matter arising under the Federal Transit Act,the Federal Regulations,and this assurance. It is understood by the GRANT RECIPIENT that this assurance obligates the GRANT RECIPIENT and any transferee of the GRANT RECIPIENT,or said transferee's successor(s),for the term of the Project. Section 11 Procurement The GRANT RECIPIENT shall follow procurement procedures approved in advance by STA and consistent with the following provisions: A. General Procurement Requirements. The GRANT RECIPIENT shall comply with third party procurement requirements of 49 U.S.C.chapter 53 and other applicable Federal Laws in effect now or as subsequently enacted;with U.S.DOT third party procurement regulations of 49 C.F.R. § 18.36 and other applicable Federal Regulations pertaining to third party procurements and subsequent amendments thereto.The GRANT RECIPIENT shall also comply with the provisions of FTA Circular 4220.1.F, "Third Party Contracting Requirements,"November 1,2008 and any later revision thereto,except to the extent FTA determines otherwise in writing,which by this reference are incorporated herein,and any reference therein to"Grantee"shall mean GRANT RECIPIENT.The GRANT RECIPIENT agrees that it may not use FTA assistance to support its third party procurements unless there is satisfactory compliance with Federal laws and regulations. B. Full and Open Competition.In accordance with 49 U.S.C. § 5325(a),the GRANT RECIPIENT agrees to conduct all procurement transactions in a manner that provides full and open competition as determined by FTA. C. Exclusionary or Discriminatory Specifications.Apart from inconsistent requirements imposed by Federal laws or regulations,the GRANT RECIPIENT agrees to comply with the requirements of 49 U.S.C. § 5325(h)by not expending or otherwise using any Federal assistance awarded to support a procurement using exclusionary or discriminatory specifications. D. Method of Acquisition.In compliance with 49 U.S.C. § 5325(f),the GRANT RECIPIENT agrees that any third party contract award made for rolling stock will be based on initial capital costs,or on performance, standardization,life cycle costs,and other factors,or on a competitive procurement process. E. Preference for United States Products and Services. To the extent applicable,the GRANT RECIPIENT agrees to comply with the following U.S.preference requirements: 1. Buy America. The GRANT RECIPIENT agrees to comply with 49 U.S.C. § 5323(j),with FTA regulations, "Buy America Requirements,"49 C.F.R.Part 661,and any later amendments thereto. 2. Cargo Preference—Use of United States-Flag Vessels. The GRANT RECIPIENT agrees to comply with 46 App. U.S.C. § 55305 and U.S.Maritime Administration regulations, "Cargo Preference—U.S.-Flag Vessels,"46 C.F.R.Part 381,to the extent those regulations apply to the Project. Page 3 of 17 3. Fly America. The GRANT RECIPIENT understands and agrees that the Federal Government will not participate in the costs of international air transportation of any persons involved in or property acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the extent service by U.S.-flag air carriers is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and with U.S. GSA regulations, "Use of United States Flag Air Carriers,"41 C.F.R. §§301-10.131 through 301-10.143. F. Pre-Award and Post-Delivery Requirements. The GRANT RECIPIENT agrees to comply with the requirements of 49 U.S.C. § 5323(m)and FTA regulations,"Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,"49 C.F.R.Part 663, and any revision thereto. G. Geographic Restrictions. The GRANT RECIPIENT agrees to not use any State or Local geographic preference,except those expressly mandated or encouraged by Federal Statute or as permitted by FTA. H. Preference for Recycled Products. To the extent applicable,the GRANT RECIPIENT agrees to comply with U.S. Environmental Protection Agency(U.S.EPA),"Comprehensive Procurement Guideline for Products Containing Recovered Materials",40 C.F.R.Part 247,which implements section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act,as amended,42 U.S.C. §6962.Accordingly,the GRANT RECIPIENT agrees to provide a competitive preference for products and services that conserve natural resources,protect the environment,and are energy efficient, except to the extent that the Federal Government determines otherwise in writing. I. National Intelligent Transportation Systems Architecture and Standards.To the extent applicable,the GRANT RECIPIENT agrees to conform to the National Intelligent Transportation Systems(ITS)Architecture and Standards as required by SAFETEA-LU§ 5307(c),23 U.S.C. § 512 note,and follow the provisions of FTA Notice,"FTA National ITS Architecture Policy on Transit Projects,"66 Fed.Reg. 1455 et seq.,January 8,2001,and any other implementing directives FTA may issue at a later date,except to the extent FTA determines otherwise in writing. J. Government Orders. In case any lawful government authority shall make any order with respect to the Project,or any part thereof,or the PARTIES hereto or either PARTY,the GRANT RECIPIENT shall cooperate with STA in carrying out such order and will arrange its operation and business so as to enable STA to comply with the terms of the order. Section 12 Incorporation of Federal Terms A. Purchasing. This AGREEMENT's provisions include, in part, certain Standard Terms and Conditions required by FTA, whether or not expressly set forth herein. All contractual provisions as set forth in FTA Circular 4220.1F are hereby incorporated by reference. All FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this AGREEMENT. The GRANT RECIPIENT shall not perform any act, fail to perform any act, or refuse to comply with any STA request,which would cause STA to be in violation of any FTA term or condition. B. Federal Changes. The GRANT RECIPIENT shall at all times comply with all applicable FTA regulations, policies, procedures and directives, whether or not they are referenced in this AGREEMENT and agrees to include any amendments promulgated by the FTA,during the term of this AGREEMENT. The GRANT RECIPIENT's failure to so comply shall constitute a material breach of this AGREEMENT. Section 13 No Obligation by the Federal Government A. STA and the GRANT RECIPIENT acknowledge and agree that,regardless of any concurrence by the Federal Government or approval of the solicitation or award of this AGREEMENT,the Federal Government is not a party to this AGREEMENT and shall not be subject to any obligations or liabilities to the GRANT RECIPIENT, subcontractor,lessee or any other participant at any tier of the Project(whether or not a PARTY to this AGREEMENT)pertaining to any matter resulting from this AGREEMENT. B. No contract between the GRANT RECIPIENT and its subcontractors,lessees,or any other participant at any tier of the Project shall create any obligation or liability of STA with regard to this AGREEMENT without STA's specific written consent, notwithstanding its concurrence in,or approval of,the award of any contract or subcontract or the solicitations thereof. The GRANT RECIPIENT hereby agrees to include this provision in all contracts it enters into for the employment of any individuals, procurement of any materials,or the performance of any work to be accomplished under this AGREEMENT. Page 4 of 17 Section 14 Personal Liability of Public Officers No officer or employee of STA shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters they are acting solely as agents of STA. Section 15 Ethics A. Code of Ethics. The GRANT RECIPIENT agrees to maintain a written code or standards of conduct that shall govern the performance of its officers,employees,board members,or agents engaged in the award and administration of contracts, subagreements,leases,third party contracts,or other arrangements supported by Federal assistance. The code or standards shall provide that the GRANT RECIPIENT's officers,employees,board members,or agents may neither solicit nor accept gratuities, favors,or anything of monetary value from any present or potential subcontractor,lessee, sub-recipient,or participant at any tier of the Project,or agent thereof. The GRANT RECIPIENT may set de-minimis rules where the financial interest is not substantial,or the gift is an unsolicited item of nominal intrinsic value. These codes or standards shall prohibit the GRANT RECIPIENT's officers,employees,board members,or agents from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As permitted by State or Local Law or Regulations, such code or standards shall include penalties, sanctions,or other disciplinary actions for violations by the GRANT RECIPIENT's officers, employees,board members,or agents,or by subcontractors,lessees or sub-recipients,other participants or their agents. The GRANT RECIPIENT must fully comply with all the requirements and obligations of Chapter 42.52 RCW that govern ethics in State and Local Governments. 1. Personal Conflict of Interest. The GRANT RECIPIENT's code or standards shall prohibit the GRANT RECIPIENT's employees,officers,board members,or agents from participating in the selection,award,or administration of a contract supported by"Federal Funds"if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm or entity selected for award: a. The employee,officer,board member,or agent; b. Any member of his or her immediate family; c. His or her partner;or d. An organization that employs,or is about to employ,any of the above. 2. Organizational Conflict of Interest. The GRANT RECIPIENT's code or standard of conduct must include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract, subagreement,lease,or other arrangement at any tier may,without some restrictions on future activities,result in an unfair competitive advantage to the third party contractor or impair its objectivity in performing the work under this AGREEMENT. B. Debarment and Suspension. The GRANT RECIPIENT agrees to comply and assures the compliance of each sub-recipient, lessee,third party contractor,or other participant at any tier of the Project with the requirements of Executive Orders Numbers 12549 and 12689,"Debarment and Suspension,"31 U.S.C. §6101 note,and U.S.DOT regulations"Non-procurement Suspension and Debarment"2 C.F.R.Part 1200,which adopts and supplements the provisions of U.S.Office of Management and Budget (U.S.OMB)"Guidelines to Agencies on Governmentwide Debarment and Suspension(Non-procurement),"2 C.F.R.Part 180.The GRANT RECIPIENT agrees to and assures that its sub-recipients,lessees,third party contractors,and other participants at any tier of the Project will review the"Excluded Parties Listing System"at http://epls.arnet.gov/before entering into any third subagreement,lease,third party contract,or other arrangement in connection with the Project. C. Bonus or Commission. The GRANT RECIPIENT affirms that it has not paid,and agrees not to pay,any bonus or commission to obtain approval of its application for Federal financial assistance for this Project. D. Relationships with Employees and Officers of STA. The GRANT RECIPIENT shall not extend any loan,gratuity or gift of money in any form whatsoever to any employee or officer of STA, nor shall the GRANT RECIPIENT rent or purchase any Equipment and materials from any employee or officer of STA. E. STA Restrictions on Lobbying. The GRANT RECIPIENT agrees to: 1. Comply with 31 U.S.C. § 1352(a)and will not use Federal assistance to pay the costs of influencing any officer or employee of a Federal agency,Member of Congress,officer of Congress or employee of a member of Congress,in connection with making or extending this Grant AGREEMENT;and 2. Comply,and assure compliance by each subcontractor at any tier,each lessee at any tier and each sub-recipient at any tier,with applicable requirements of U.S.DOT regulations,"New Restriction on Lobbying,"49 C.F.R.Part 20,modified as necessary by 31 U.S.C. §1352;and Page 5 of 17 3. Comply with Federal statutory provisions to the extent applicable prohibiting the use of Federal assistance Funds for activities designed to influence Congress or a state legislature on legislation or appropriations,except through proper, official channels. G. Employee Political Activity. To the extent applicable,the GRANT RECIPIENT agrees to comply with the provisions of the "Hatch Act,"5 U.S.C. §§ 1501 through 1508,and§§ 7324 through 7326,and Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C.F.R.Part 151. The"Hatch Act"limits the political activities of state and local agencies and their officers and employees,whose principal employment activities are financed in whole or in part with"Federal Funds"including a loan,grant,or cooperative agreement. Nevertheless,in accordance with 49 U.S.C. § 5307(k)(2)(B)and 23 U.S.C. § 142(g),the"Hatch Act"does not apply to a non-supervisory employee of a transit system(or of any other agency or entity performing related functions)receiving assistance pursuant to the SAFETEA-LU provisions and/or receiving FTA assistance to whom the"Hatch Act"does not otherwise apply. H. False or Fraudulent Statements or Claims. The GRANT RECIPIENT acknowledges and agrees that: 1. The Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. §§3801 et seq.,and U.S.DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R.Part 31,apply to its activities in connection with the Project. Accordingly,by executing this AGREEMENT,the GRANT RECIPIENT certifies or affirms the truthfulness and accuracy of each statement it has made,it makes,or it may make in connection with the Project covered by this AGREEMENT. In addition to other penalties that may apply,the GRANT RECIPIENT also acknowledges that if it makes a false,fictitious,or fraudulent claim, statement, submission,or certification to the Federal Government,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986,as amended,on the GRANT RECIPIENT to the extent the Federal Government deems appropriate. 2. Criminal Fraud: If the GRANT RECIPIENT makes a false,fictitious,or fraudulent claim, statement, submission, certification,assurance,or representation to the Federal Government or includes a false,fictitious,or fraudulent statement or representation in any agreement in connection with this Project authorized under 49 U.S.C.chapter 53 or any other Federal Law, the Federal Government reserves the right to impose on the GRANT RECIPIENT the penalties of 49 U.S.C. § 5323(1), 18 U.S.C. § 1001 or other applicable Federal Law to the extent the Federal Government deems appropriate. I.Trafficking in Persons.To the extent applicable,the GRANT RECIPIENT agrees to comply with the requirements of subsection 106(g)of the Trafficking Victims Protection Act of 2000(TVPA),as amended,22 U.S.C. § 7104(g),and the provisions of Subsection 3.g of FTA Master Agreement(15)dated October 1,2008,which by this reference is incorporated herein as if fully set out in this AGREEMENT,and any amendments thereto,and accessible at http://www.fta.dot.gov/documents/15-Master.pdf, consistent with U.S.OMB guidance,"Trafficking in Persons: Grants and Cooperative Agreements,"2 C.F.R.Part 175. Section 16 Compliance with Laws and Regulations The GRANT RECIPIENT agrees to abide by all applicable State and Federal Laws and Regulations including,but not limited to,those concerning employment,equal opportunity employment,nondiscrimination assurances,Project record keeping necessary to evidence compliance with such Federal and State Laws and Regulations,and retention of all such records. The GRANT RECIPIENT will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Section 17 Civil Rights The GRANT RECIPIENT shall comply with all applicable civil rights laws,regulations and directives except to the extent that the Federal Government determines otherwise in writing. These include,but are not limited to,the following: A. Nondiscrimination in Federal Transit Programs. The GRANT RECIPIENT agrees to comply,and assures compliance by each third party contractor,lessee or other participant at any tier,with the provisions of 49 U.S.C. §5332,which prohibits discrimination on the basis of race,color,creed,national origin, sex,or age,and prohibits discrimination in employment or business opportunity; B. Nondiscrimination-Title VI of the Civil Rights Act. The GRANT RECIPIENT agrees to comply,and assure compliance by each third party contractor at any tier,with all provisions prohibiting discrimination on the basis of race,color,or national origin, of Title VI of the Civil Rights Act of 1964,as amended,42 U.S.C. §§2000d et seq.;and U.S.DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act,"49 C.F.R.Part 21. Except to the extent FTA determines otherwise in writing,the GRANT RECIPIENT also agrees to follow all applicable provisions of FTA Circular 4702.1A,"Title VI and Title VI-Dependent Guidelines for Federal Transit Assistance Recipients,"May 13,2007 and any other applicable implementing Federal Directives that may be issued; C. Equal Employment Opportunity. The GRANT RECIPIENT agrees to comply,and assures compliance by each third party contractor,lessee or other participant at any tier of this Project,with all requirements of Title VII of the Civil Rights Act of 1964, Page 6 of 17 as amended,42 U.S.C. §2000e,and 49 U.S.C. § 5332 and any implementing Federal Regulations and any subsequent amendments thereto. Except to the extent FTA determines otherwise in writing,the GRANT RECIPIENT also agrees to comply with any applicable Federal equal employment opportunity(EEO)directives that may be issued. Accordingly: 1. The GRANT RECIPIENT agrees that it will not discriminate against any employee or applicant for employment because of race,color,creed, sex,disability,age,or national origin. The GRANT RECIPIENT agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment,without regard to their race,color,creed, sex, disability,age,or national origin. Such action shall include,but not be limited to,employment,upgrading,demotion or transfer, recruitment or recruitment advertising,layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The GRANT RECIPIENT shall also comply with any implementing requirements FTA may issue. 2. If the GRANT RECIPIENT is required to submit and obtain Federal Government approval of its EEO program,that EEO program approved by the Federal Government is incorporated by reference and made part of this AGREEMENT. Failure by the GRANT RECIPIENT to carry out the terms of that EEO program shall be treated as a violation of this AGREEMENT. Upon notification to the GRANT RECIPIENT of its failure to carry out the approved EEO program,the Federal Government may impose such remedies,as it considers appropriate,including termination of Federal financial assistance,or other measures that may affect the GRANT RECIPIENT's eligibility to obtain future Federal financial assistance for transportation projects. D. Nondiscrimination on the Basis of Sex. The GRANT RECIPIENT agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972,as amended,20 U.S.C. §§ 1681 et seq.and with any implementing Federal regulations that prohibit discrimination on the basis of sex that may be applicable. E. Nondiscrimination on the Basis of Age. The GRANT RECIPIENT agrees to comply with applicable requirements of: 1. The Age Discrimination Act of 1975,as amended,42 U.S.C. §§6101 et seq.,and with implementing U.S.Health and Human Services,"Nondiscrimination on the basis of Age in Programs and Activities Receiving Federal Assistance,"45 C.F.R. Part 90,which prohibits discrimination on the basis of age. 2. The Age Discrimination in Employment Act(ADEA), 29 U.S.C. §§621 through 634,and with implementing U.S. Equal Employment Opportunity Commission(U.S.EEOC)regulations,"Age Discrimination in Employment Act,"29 C.F.R.Part 1625. F. Disabilities-Employment. In accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C. § 12112,the GRANT RECIPIENT agrees that it will comply with the requirements of U.S.Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,pertaining to employment of persons with disabilities. In addition,the GRANT RECIPIENT agrees to comply with any implementing requirements FTA may issue. G. Disabilities-Access. The GRANT RECIPIENT agrees to comply with the requirements of 49 U.S.C. § 5301(d),which state the Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation service and facilities,and that special efforts shall be made in planning and designing those services and facilities to implement said policy. The GRANT RECIPIENT also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973,as amended,29 U.S.C. § 794,which prohibit discrimination on the basis of handicap;with the Americans with Disabilities Act of 1990(ADA),as amended,42 U.S.C. §§ 12101 et seq.,which requires the provision of accessible facilities and services to be made available to persons with disabilities;and the Architectural Barriers Act of 1968,as amended,42 U.S.C. §§4151 et seq,which requires that buildings and public accommodations be accessible to persons with disabilities;and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable.In addition,the GRANT RECIPIENT agrees to comply with applicable implementing Federal regulations and any later amendments thereto,and agrees to follow applicable Federal directives except to the extent FTA approves otherwise in writing.Among those regulations and directives are the following: U.S.DOT regulations, "Transportation Services for Individuals with Disabilities(ADA),"49 C.F.R. Part 37;U.S.DOT regulations,"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,"49 C.F.R.Part 27;Joint U.S.Architectural and Transportation Barriers Compliance Board U.S.DOT regulations;"Americans with Disabilities(ADA)Accessibility Specifications for Transportation Vehicles,"36 C.F.R. Part 1192 and 49 C.F.R.Part 38;U.S.DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 C.F.R.Part 35;U.S.DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,"28 C.F.R.Part 36;U.S.GSA regulations,"Accommodations for the Physically Handicapped,"41 C.F.R. Subpart 101-19;U.S.Equal Employment Opportunity Commission,"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.Part 1630;U.S.Federal Communications Commission regulations,"Telecommunications Relay Services and Related Custom Premises Equipment for the Hearing and Speech Disabled,"47 C.F.R.Part 64, Subpart F;U.S.ATBCB regulations,"Electronic and Information Technology Accessibility Standards,"36 C.F.R.Part 1194; FTA regulations,"Transportation for Elderly and Handicapped Persons,"49 C.F.R.Part 609; Page 7 of 17 and Federal civil rights and nondiscrimination directives implementing the foregoing regulations,except to the extent the Federal Government determines otherwise in writing. H. Drug or Alcohol Abuse. Confidentiality and Other Civil Rights Protections. The GRANT RECIPIENT agrees to comply with the confidentiality and other civil rights provisions of the Drug Abuse Office and Treatment Act of 1972,as amended 21 U.S.C. §§ 1101 et seq.;with the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970,as amended;42 U.S.C. §§4541 et seq.;and to comply with the Public Health Service Act of 1912,as amended,42 U.S.C. §§201 et seq. and any subsequent amendments to these laws. I. Access to Services for Persons with Limited English Proficiency. The GRANT RECIPIENT agrees to comply with the policies of Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency,"42 U.S.C. §2000d-1 note,and with provisions of U.S.DOT Notice"DOT Policy Guidance Concerning Recipients Responsibilities to Limited English Proficient(LEP)Persons,"70 Fed.Reg. 74087 December 14,2005. J. Environmental Justice. The GRANT RECIPIENT agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,"42 U.S.C. §4321 note, except to the extent that the Federal Government determines otherwise in writing. K. Other Nondiscrimination Statutes. The GRANT RECIPIENT agrees to comply with all applicable provisions of other Federal Laws,Regulations,and Directives pertaining to and prohibiting discrimination and other nondiscrimination statute(s)that may apply to the Project including chapter 49.60 RCW. Section 18 Participation of Disadvantaged Business Enterprises The GRANT RECIPIENT shall take the following measures to facilitate participation by disadvantaged business enterprises (DBE)in the Project: A. The GRANT RECIPIENT agrees to comply with section 1101(b)of SAFETEA-LU,23 U.S.C. § 101 note,and U.S.DOT regulations,"Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"49 C.F.R.Part 26;and B. The GRANT RECIPIENT agrees that it shall not discriminate on the basis of race,color,national origin,or sex in the award and performance of any third party contract,or sub-agreement supported with Federal assistance derived from the U.S.DOT or in the administration of its DBE program or the requirements of 49 C.F.R.Part 26. The GRANT RECIPIENT agrees to take all necessary and reasonable steps under 49 C.F.R.Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and sub-agreements supported with Federal assistance derived from the U.S.DOT. The GRANT RECIPIENT's DBE program,as required by 49 C.F.R.Part 26 and approved by the U.S.DOT,if any is incorporated by reference and made part of this AGREEMENT. Implementation of the DBE program is a legal obligation,and failure to carry out its terms shall be treated as violation of this AGREEMENT.Upon notification to the GRANT RECIPIENT of its failure to implement its approved DBE program,the U.S.DOT may impose sanctions as provided for under 49 C.F.R.Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. § 1001,and/or the Program Fraud Civil Remedies Act,31 U.S.C. §§3801 et seq. Section 19 Energy Conservation and Environmental Requirements A. Energy Conservation. The GRANT RECIPIENT shall comply with the mandatory standards and policies relating to energy efficiency standards and policies within the Washington State energy conservation plan issued in compliance with the Energy Policy and Conservation Act,42 U.S.C. §§6321 et seq.,and any amendments thereto. B. Environmental Protection. The GRANT RECIPIENT agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969,as amended,42 U.S.C. §§4321 through 4335;Executive Order No. 11514,as amended, "Protection and Enhancement of Environmental Quality,"42 U.S.C. §4321 note;FTA statutory requirements at 49 U.S.C. § 5324(b);U.S.Council on Environmental Quality regulations imposing requirements for compliance with the National Environmental Policy Act of 1969,as amended,40 C.F.R.Part 1500 through 1508;joint Federal Highway Administration (FHWA)/FTA regulations,"Environmental Impact and Related Procedures,"23 C.F.R.Part 771 and 49 C.F.R.Part 622,and subsequent Federal environmental protection regulations that may be promulgated.The GRANT RECIPIENT agrees to comply with 23 U.S.C. §§ 139 and 326 as applicable and implement those requirements in accordance with the provisions of joint FHWA/FTA final guidance"SAFETEA-LU Environmental Review Process(Public Law 109-59),"71 Fed.Reg.66576 et seq., November 15,2006 and any applicable Federal Directives that may be issued at a later date,except to the extent that FTA determines otherwise in writing. C. Clean Water. In the event that the"Federal Funds,"identified in"PROJECT COST"of this AGREEMENT,exceeds $100,000,the GRANT RECIPIENT shall comply with all applicable standards,orders,or regulations issued pursuant to Section Page 8 of 17 508 of the Clean Water Act,as amended,33 U.S.C. § 1368,and other applicable requirements of the Clean Water Act,as amended 33 U.S.C. §§ 1251 through 1377. 1.The GRANT RECIPIENT agrees to refrain from using any violating facilities. 2. The GRANT RECIPIENT agrees to report each violation to STA and understands and agrees that STA will,in turn, report each violation,as required,to the FTA and to the appropriate EPA Regional Office. 3. The GRANT RECIPIENT also agrees to include these requirements in each subcontract that exceeds$100,000 and is financed in whole or in part with Federal assistance provided by FTA. D. Clean Air. In the event that the"Federal Funds,"identified in"PROJECT COST"exceeds$100,000,the GRANT RECIPIENT shall comply with all applicable standards,orders or regulations issued pursuant to Section 306 of the Clean Air Act, as amended,42 U.S.C. § 7414,and other applicable provisions of the Clean Air Act,as amended,42 U.S.C. §§ 7401 through 7671q,including: 1. The GRANT RECIPIENT shall refrain from using any violating facilities. 2. The GRANT RECIPIENT agrees to report each violation to STA and understands and agrees that STA will,in turn, report each violation to the FTA and to the appropriate EPA Regional Office. 3. The GRANT RECIPIENT also agrees to include these requirements in each contract exceeding$100,000 financed in whole or in part with Federal assistance provided by the FTA. Section 20 Accounting Records A. Project Accounts. The GRANT RECIPIENT agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project,in accordance with applicable Federal Regulations and other requirements that FTA may impose. The GRANT RECIPIENT agrees that all checks,payrolls,invoices,contracts,vouchers,orders,or other accounting documents pertaining in whole or in part to the Project shall be clearly identified,readily accessible and available to STA and FTA upon request,and,to the extent feasible,kept separate from documents not pertaining to the Project. B. Funds Received or Made Available for the Project. The GRANT RECIPIENT agrees to deposit in a financial institution, all advance Project payments it receives from the Federal Government and record in the Project Account all amounts provided by the Federal Government in support of this Grant AGREEMENT or Cooperative AGREEMENT and all other funds provided for, accruing to,or otherwise received on account of the Project(Project funds)in accordance with applicable Federal Regulations and other requirements FTA may impose. Use of financial institutions owned at least 50 percent by minority group members is encouraged. C. Documentation of Project Costs and Program Income. The GRANT RECIPIENT agrees to support all costs charged to the Project,including any approved services contributed by the GRANT RECIPIENT or others,with properly executed payrolls, time records,invoices,contracts,or vouchers describing in detail the nature and propriety of the charges. The GRANT RECIPIENT also agrees to maintain accurate records of all program income derived from implementing the Project,except certain income determined by FTA to be exempt from Federal program income requirements. D. Checks,Orders,and Vouchers. The GRANT RECIPIENT agrees to refrain from drawing checks,drafts,or orders for goods or services to be charged against the Project Account until it has received and filed a properly signed voucher describing in proper detail the purpose for the expenditure. Section 21 Audits,Inspection,and Retention of Records A. Submission of Proceedings,Agreements,and Other Documents. During the course of the Project and for six(6)years thereafter,the GRANT RECIPIENT agrees to retain intact and to provide any data,documents,reports,records,contracts,and supporting materials relating to the Project as STA may require. Reporting and record-keeping requirements are set forth in 49 C.F.R.Part 19 or 49 C.F.R.Part 18 as applicable. Project closeout does not alter these recording and record-keeping requirements. Should an audit,enforcement,or litigation process be commenced,but not completed,during the aforementioned six-year period then the GRANT RECIPIENT's obligations hereunder shall be extended until the conclusion of that pending audit, enforcement,or litigation process. B. General Audit Requirements. The GRANT RECIPIENT agrees to perform the financial and compliance audits required by the Single Audit Act Amendments of 1996,31 U.S.C. §§ 7501 et seq. As provided by 49 C.F.R.Part 19.26,these financial and compliance audits must comply with the provisions of OMB Circular A-133,Revised,"Audits of States,Local Governments,and Non-Profit Organizations,"the latest OMB A-133 Compliance Supplement for U.S.DOT,and any further revision or supplement Page 9 of 17 thereto. The GRANT RECIPIENT also agrees to obtain any other audits required by the Federal Government. The GRANT RECIPIENT agrees that audits will be carried out in accordance with U.S.General Accounting Office"Government Auditing Standards." The GRANT RECIPIENT agrees to obtain any other audits required by STA. Project closeout will not alter the GRANT RECIPIENT's audit responsibilities. C. Inspection. The GRANT RECIPIENT agrees to permit STA,the United States Department of Transportation,and the Comptroller General of the United States,or their authorized representatives,to inspect all Project work materials,payrolls, maintenance records,and other data,and to audit the books,records,and accounts of the GRANT RECIPIENT and its contractors pertaining to the Project. The GRANT RECIPIENT agrees to require each third party contractor whose contract award is not based on competitive bidding procedures as defined by the United States Department of Transportation to permit STA,the United States Department of Transportation,and the Comptroller General of the United States,or their duly authorized representatives,to inspect all work,materials,payrolls,and other data and records involving that third party contract,and to audit the books,records, and accounts involving that third party contract as it affects the Project as required by 49 U.S.C. § 5325(g). Section 22 Labor Provisions A. Contract Work Hours and Safety Standards Act. The GRANT RECIPIENT shall comply with,and shall require the compliance by each subcontractor at any tier,any applicable employee protection requirements for non-construction employees as defined by the Contract Work Hours and Safety Standards Act,as amended,40 U.S.C. §§3701 et seq., and specifically,the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702 and U.S.DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction(also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)"at 29 C.F.R.Part 5;and the safety requirements of Section 107 of that Act at 40 U.S.C. §3704,and implementing U.S.DOL regulations,"Safety and Health Regulations for Construction,"29 C.F.R.Part 1926. B. Fair Labor Standards Act. The GRANT RECIPIENT agrees that the minimum wage and overtime provisions of the Fair Labor Standards Act,as amended,29 U.S.C. §§201 et seq.,apply to employees performing work involving commerce,and apply to any local government employees that are public transit authority employees. The GRANT RECIPIENT shall comply with the Fair Labor Standards Act's minimum wage and overtime requirements for employees performing work in connection with the Project. C. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty(40)hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40)hours in such workweek. D. Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the GRANT RECIPIENT during the course of the work and preserved for a period of six(6)years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949,in the construction or development of the Project). Such records shall contain the name,address,and social security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act,Public-Law 88-349,as amended by 40 U.S.C. §§ 3141 et seq.,and pursuant to 49 U.S.C. §§ 5333(a)et seq.,daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,Public Law 88-349,as amended by 40 U.S.C. §3141 et seq.and pursuant to 49 U.S.C. § 5333(a),the GRANT RECIPIENT shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. GRANT RECIPIENT's employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. E. Violation; liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph (A)of this section the GRANT RECIPIENT and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such GRANT RECIPIENT and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph(A)of this section,in the sum of ten dollars($10)for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty(40)hours without payment of the overtime wages required by the clause set forth in paragraph(C)of this section. Page 10 of 17 F. Withholding for unpaid wages and liquidated damages. The GRANT RECIPIENT shall,upon its own action or upon written request of an authorized representative of the Department of Labor,withhold or cause to be withheld,from any moneys payable on account of work performed by the GRANT RECIPIENT or subcontractor under any such contract or any other Federal contract with the same prime GRANT RECIPIENT,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime GRANT RECIPIENT, such sums as may be determined to be necessary to satisfy any liabilities of such GRANT RECIPIENT or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(E)of this section. G. Public Transportation Employee Protective Agreement. To the extent required by Federal Law,the GRANT RECIPIENT agrees to implement the Project in accordance with the terms and conditions that the U.S. Secretary of Labor has determined to be fair and equitable to protect the interests of any employees affected by the Project and that comply with the requirements of 49 U.S.C. § 5333(b),in accordance with the U. S.DOL guidelines, "Section 5333(b),Federal Transit Law,"29 C.F.R.Part 215 and any amendments thereto. These terms and conditions are identified in U.S.DOL's certification of public transportation employee protective arrangements to FTA. The GRANT RECIPIENT agrees to implement the Project in accordance with the conditions stated in that U.S.DOL certification,which certification and any documents cited therein are incorporated by reference and made part of this AGREEMENT. The GRANT RECIPIENT also agrees to comply with the terms and conditions of the Special Warranty for the Non-urbanized Area Program that is most current as of the date of execution of this AGREEMENT and any alternative comparable arrangements specified by U.S.DOL for application to the Project,in accordance with U.S.DOL guidelines,"Section 5333(b),Federal Transit Law,"29 C.F.R.Part 215,and any revision thereto. Section 23 Planning and Private Enterprise FTA Requirements. The GRANT RECIPIENT agrees to implement the Project in a manner consistent with the plans developed in compliance with the applicable planning and private enterprise provisions of 49 U.S.C. §§ 5303, 5304,5306,and 5323(a)(1);joint Federal Highway Administration(FHWA)/FTA regulations,"Statewide Transportation Planning:Metropolitan Transportation Planning,"23 C.F.R.Part 450 and 49 C.F.R.Part 613;and any amendments thereto and with FTA regulations, "Major Capital Investment Projects,"49 C.F.R.Part 611,to the extent that these regulations are consistent with the SAFETEA-LU amendments to the public transportation planning and private enterprise laws,and when promulgated,any subsequent amendments to those regulations. To the extent feasible,the GRANT RECIPIENT agrees to comply with the provisions of 49 U.S.C. § 5323(k),which afford governmental agencies and non-profit organizations that receive Federal assistance for non-emergency transportation from Federal Governmental sources(other than U.S.DOT)an opportunity to be included in the design, coordination,and planning of transportation services.During the implementation of the Project,the GRANT RECIPIENT agrees to take into considerations the recommendations of Executive Order No. 12803,"Infrastructure Privatization,"31 U.S.C. § 501 note,and Executive Order No 12893,"Principles for Federal Infrastructure Investments,"31 U.S.C. § 501 note. Section 24 Substance Abuse A. Drug and Alcohol Abuse. The GRANT RECIPIENT agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. Part 655,produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations and STA to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. Part 655 and review the testing process. The GRANT RECIPIENT agrees further to submit annually the Management Information System(MIS)reports to STA by February 28th each year for the useful life of the Project Equipment. B. Privacy Act. The GRANT RECIPIENT agrees to comply with the confidentiality and other civil rights provisions of the Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-255, March 21, 1972, as amended 21 U.S.C. §§1101 et seq., the Comprehensive Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, Pub. L. 91-616, December 31, 1970, as amended 42 U.S.C. §§4541 et seq., and the Public Health Services Act of 1912, as amended 42 U.S.C. §§201 et seq., 42 U.S.C. §§ 290dd-2, 290dd-3 and 290ee-3 including amendments to these acts. The GRANT RECIPIENT understands the requirements of confidentiality concerning persons covered and/or receiving services and/or treatment regarding alcohol and drug abuse, as defined in the aforementioned acts as applicable, including any civil and criminal penalties for not complying with the requirements of confidentiality and that failure to comply with such requirements may result in termination of this AGREEMENT. Section 25 Coordination of Special Needs Transportation It is the policy of the STA to actively support coordination of special needs transportation in the state. As a condition of assistance,the GRANT RECIPIENT is required to participate in local coordinated planning as led by GRANT RECIPIENT's relevant Metropolitan Planning Organization(MPO)and/or Regional Transportation Planning Organization(RTPO). Page 11 of 17 Section 26 State and Local Law Except when a Federal Statute or Regulation pre-empts State and Local Law,no provision of this AGREEMENT shall require the GRANT RECIPIENT to observe or enforce compliance with any provision,perform any other act,or do any other thing in contravention of State or Local Law. Thus if any provision or compliance with any provision of this AGREEMENT violate State, or Local Law,or would require the GRANT RECIPIENT to violate State or Local Law,the GRANT RECIPIENT agrees to notify STA immediately in writing. Should this occur, STA and the GRANT RECIPIENT agree to make appropriate arrangements to proceed with or,if necessary, expeditiously terminate the Project. Section 27 Limitation of Liability A. The GRANT RECIPIENT shall indemnify and hold harmless STA,its agents,employees, and officers from and process and defend at its own expense any and all claims,demands, suits at law or equity,actions,penalties,losses,damages,or costs (hereinafter referred to collectively as"claims"),of whatsoever kind or nature brought against STA arising out of,in connection with or incident to the execution of this AGREEMENT and/or the GRANT RECIPIENT's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against STA, its agents,employees and officers arising out of,in connection with or incident to the negligent acts or omissions of the GRANT RECIPIENT,its agents,employees and officers.Provided,however,that nothing herein shall require the GRANT RECIPIENT to indemnify and hold harmless or defend STA,its agents,employees or officers to the extent that claims are caused by the negligent acts or omissions of STA,its agents,employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The GRANT RECIPIENT shall be deemed an independent GRANT RECIPIENT for all purposes,and the employees of the GRANT RECIPIENT,or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of STA. C. The GRANT RECIPIENT specifically assumes potential liability for actions brought by GRANT RECIPIENT's employees and/or subcontractors and solely for the purposes of this indemnification and defense,the GRANT RECIPIENT specifically waives any immunity under the State Industrial Insurance Law,Title 51 Revised Code of Washington. D. In the event either the GRANT RECIPIENT or STA incurs attorney's fees,costs or other legal expenses to enforce the provisions of this section of the AGREEMENT against the other PARTY,all such fees,costs and expenses shall be recoverable by the prevailing PARTY. Section 28 Changed Conditions Affecting Performance The GRANT RECIPIENT hereby agrees to immediately notify STA in writing of any change in conditions or law,or of any other event,which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 29 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments or modifications to the terms of this AGREEMENT shall not be binding or valid unless signed by the authorized representatives of both PARTIES. Section 30 Termination A. Termination for Convenience. STA and/or the GRANT RECIPIENT may suspend or terminate this AGREEMENT,in whole or in part,by written notice to the other PARTY in accordance with 49 C.F.R.Part 18.44. STA and the GRANT RECIPIENT shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions,and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination,the effective date,and in case of a partial termination,the portion to be terminated. The PARTIES may terminate this AGREEMENT for convenience for reasons including,but not limited to,the following: 1. The requisite"Federal Funds"become unavailable through failure of appropriation or otherwise; 2. STA determines,in its sole discretion,that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The GRANT RECIPIENT is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense;or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; Page 12 of 17 4. The GRANT RECIPIENT is prevented from proceeding with the Project by reason of a temporary preliminary, special,or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the GRANT RECIPIENT; 5. The Federal Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of Federal financial assistance for the Project;or 6. The Federal Government terminates this AGREEMENT due to a determination that the GRANT RECIPIENT has: (a) willfully misused Federal assistance funds by failing to make adequate progress on the Project,(b)failed to make reasonable and appropriate use of the Project real property,facilities,or equipment,or(c)failed to comply with the terms of this AGREEMENT. In the event of a termination under this subsection,and the Federal Government exercises its right to require STA to refund any or all of the"Federal Funds"provided for the Project,the GRANT RECIPIENT shall return all monies reimbursed to it by STA,in the amount required by the Federal Government,within sixty(60)days of its receipt of a certified letter from STA. 7. In the case of termination for convenience under subsections A.1-5 above, STA shall reimburse the GRANT RECIPIENT for all costs payable under this AGREEMENT which the GRANT RECIPIENT properly incurred prior to termination. The GRANT RECIPIENT shall promptly submit its claim for reimbursement to STA. If the GRANT RECIPIENT has any property in its possession belonging to STA,the GRANT RECIPIENT will account for the same,and dispose of it in the manner STA directs. B. Termination for Default. STA may suspend or terminate this AGREEMENT for default,in whole or in part,and all or any part of the Federal financial assistance provided herein,at any time by written notice to the GRANT RECIPIENT,if the GRANT RECIPIENT materially breaches or fails to perform any of the requirements of this AGREEMENT,including: 1. Takes any action pertaining to this AGREEMENT without the approval of STA,which under the procedures of this AGREEMENT would have required the approval of STA; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT,United States of America Laws,Washington State Laws,or local governmental laws under which the GRANT RECIPIENT operates; 3. Abuses or misuses the Project Equipment,including,but not limited to: a. Failure to maintain a vehicle according to the manufacturer's standards; b. Failure to repair damages or replace defective or broken parts in a timely manner;or c. Failure to take any action which could affect the ability of the Project Equipment to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise. d. Failure to make reasonable and appropriate use of the Project Equipment,real property,or facilities. 4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project;or 5. Fails to perform in the manner called for in this AGREEMENT,or fails,to comply with,or is in violation of any provision of this AGREEMENT. STA shall serve a notice of termination on the GRANT RECIPIENT setting forth the manner in which the GRANT RECIPIENT is in default hereunder. If it is later determined by STA that the GRANT RECIPIENT had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the GRANT RECIPIENT, such as a strike, fire or flood, STA may: (a)allow the GRANT RECIPIENT to continue work after setting up a new delivery of performance schedule,or(b)treat the termination as a termination for convenience. C. STA,in its sole discretion may,in the case of a termination for breach or default,allow the GRANT RECIPIENT ten(10) business days,or such longer period as determined by STA, in which to cure the defect. In such case,the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the GRANT RECIPIENT fails to remedy to STA's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, STA shall have the right to terminate this AGREEMENT without any further obligation to GRANT RECIPIENT. Any such termination for default shall not in any way operate to preclude STA from also pursuing all available remedies against GRANT RECIPIENT and its sureties for said breach or default including,but not limited to,demanding the return of some or all of the funds paid under this AGREEMENT. D. In the event that STA elects to waive its remedies for any breach by GRANT RECIPIENT of any covenant,term or condition of this AGREEMENT, such waiver by STA shall not limit STA's remedies for any succeeding breach of that or of any other term, covenant,or condition of this AGREEMENT. Page 13 of 17 Section 31 Lack of Waiver In no event shall any STA payment of grant funds to the GRANT RECIPIENT constitute or be construed as a waiver by STA of any GRANT RECIPIENT breach,or default. Such payment shall in no way impair or prejudice any right or remedy available to STA with respect to any breach or default. Section 32 STA Advice The GRANT RECIPIENT bears complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendments thereto. If the GRANT RECIPIENT solicits advice from STA on problems that may arise,the offering of STA advice shall not shift the responsibility of the GRANT RECIPIENT for the correct administration and success of the Project,and STA shall not be held liable for offering advice to the GRANT RECIPIENT. Section 33 Subrogation A. Prior to Subrogation. STA may require the GRANT RECIPIENT to take such action as may be necessary or appropriate to preserve the GRANT RECIPIENT's right to recover damages from any person or organization alleged to be legally responsible for injury to the Project Equipment or other property in which STA has a financial interest. B. Subrogation. STA may require the GRANT RECIPIENT to assign to it all right of recovery against any person or organization for loss,to the extent of STA's loss. Upon assignment,the GRANT RECIPIENT shall execute,deliver,and do whatever else necessary to secure STA's rights. The GRANT RECIPIENT shall do nothing after any loss to prejudice the rights of STA. C. Duties of the GRANT RECIPIENT. If STA has exercised its right of subrogation,the GRANT RECIPIENT shall cooperate with STA and,upon STA's request,assist in the prosecution of suits and enforce any right against any person or organization who may be liable to STA due to damage of Project Equipment. The GRANT RECIPIENT shall attend hearings and trials,assist in securing and giving evidence,and obtain the attendance of witnesses. Section 34 Forbearance by STA Not a Waiver Any forbearance by STA in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 35 Disputes A. Disputes. Disputes,arising in the performance of this AGREEMENT,which are not resolved by agreement of the PARTIES, shall be decided in writing by a third party mediator,whose selection will be mutually agreed upon by the PARTIES.This decision shall be final and conclusive and binding upon the PARTIES,and the PARTIES shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by STA,GRANT RECIPIENT shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person,property,or right because of any act or omission of the other PARTY or any of that PARTY's employees,agents or others for whose acts it is legally liable,a claim for damages therefore shall be made in writing to such other PARTY within thirty(30)days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity,and may be exercised independently,concurrently,or successively and shall not be construed to be a limitation of any duties,obligations,rights and remedies of the PARTIES hereto. No action or failure to act by STA or GRANT RECIPIENT shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. Section 36 Venue and Process In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Spokane County. The PARTIES hereby accept the issuing and service of process by registered mail at the mailing address shown in the caption space heading of this AGREEMENT titled"GRANT RECIPIENT"and"Spokane Transit Authority." The PARTIES agree that the laws of the State of Washington shall apply. Page 14 of 17 Section 37 Counterparts This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect. The GRANT RECIPIENT does hereby ratify and adopt all statements,representations,warranties, covenants,and agreements and their supporting materials contained and/or mentioned herein,and does hereby accept FTA's grant and agrees to all of the terms and conditions thereof. Section 38 Severability Should any section,term or provision of this AGREEMENT be adjudged as void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision,or any part thereof,which by itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT.No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 39 Complete Agreement This document contains all covenants, stipulations,and provisions agreed upon by STA. No agent or representative of STA has authority to make,and STA shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein or made by written amendment hereto. Section 40 Section Headings All section headings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. Section 41 Execution This AGREEMENT is executed by the Chief Executive Officer of Spokane Transit Authority or the Chief Executive Officer's designee,not as an individual incurring personal obligation and liability,but solely by,for and on behalf of the Spokane Transit Authority,in the capacity as Chief Executive Officer or as a designee. IN WITNESS WHEREOF,the PARTIES hereto have executed this AGREEMENT the day and year last written below. SPOKANE TRANSIT AUTHORITY CITY OF SPOKANE VALLEY By: By: E. Susan Meyer Authorized Representative Chief Executive Officer Print Name Print Title Who by this signature certifies their authority to execute this AGREEMENT on behalf of the GRANT RECIPIENT. Date: Date: Approved as to form only: By: Laura McAloon Legal Counsel Date: February ,2012 Page 15 of 17 Exhibit I SCOPE OF PROJECT AND BUDGET Total Project Budget Federal Funds $ 178,790 State Funds $ 0 Contractor Funds $ 44,698 Total Cost $ 223,488 Scope of Work: The proposed project will complete gaps in sidewalks serving transit routes and construct concrete pads, curb ramps and related improvements at transit stops that currently have accessibility barriers to disabled residents. A list of projects was developed to establish the scope and nature of projects to be completed with New Freedom Funding. Project segments were identified in coordination with STA based upon known accessibility hazards and barriers, feedback from disabled residents, and volume of transit ridership. City staff will coordinate with STA to complete as many of the following identified projects and projects of similar scope and nature as funding will allow. Small portions of right-of- way acquisition may be necessary to complete some of the projects segments. Sidewalk Segments: 1. Montgomery Ave. (University Rd. to Wilbur Rd.): Completes gaps on north side of street, portion of gaps on south side. 2. 4th Ave. (University Rd. to Pierce Rd.): Completes gap on north side of street. Project connects Valley Transit Center and several large apartment complexes adjacent to 4th Ave. and Pierce Rd. 3. Tschirley Rd. (Sprague Ave. to Coach Drive): Completes gaps on east side of street. Project connects senior living facility and adjacent residential neighborhood to transit stops on Sprague Ave. 4. Mansfield Ave (Pines Rd. to Houk Rd.): Completes gaps and relocates utility poles and guy wires to provide accessible routes on north and south sides of street. Project connects several large apartment complexes to transit stops along Pines Rd (SR-27) and Mansfield Ave. west of Pines Road. 5. Park Rd. (8th Ave. to 12th Ave.): Completes gap in sidewalk on west side of street. Project connects large proposed new residential development(Taylor Cottages) to existing sidewalk, Edgecliff Park and transit stops. Transit Stop Improvements: Bus Pads, Curb Ramps, sites for Future Bus Shelters, and related improvements: 1. Sprague @ Pines Rd.: Northwest corner and Southeast corner 2. Sprague @ University Rd.: Northwest corner 3. Sprague @ Argonne/Mullan: North side between Argonne&Mullan 4. Sprague @ Sullivan Rd.: Northwest corner 5. Sprague @ Farr Rd.: Northwest corner 6. Sprague @ Havana Rd.: Northeast corner 7. Appleway @ Farr Rd.: Southeast corner 8. Mission Rd. @ Mullen Rd.: Approx. 150-ft East of Intersection 9. Mission Rd. East of Barker Rd.: Add ramps/pads to accommodate new Route#98 10. Sullivan @ Spokane Industrial Park: Add pads adjacent to Kiernan/Euclid intersections Page 16 of 17 11. Indiana @ Evergreen: Southwest&Northeast corners 12. Indiana @ ITT: South side of street 13. Indiana @ Staples: Southwest corner of intersection 14. Indiana @ Krispy Kreme: North side of street 15. Sullivan(4th to 16th) Provide pads on west side of street at intersections Page 17 of 17 PACIFIC OCEAN SIDEWALK AND TRANSIT STOP ACCESSIBILITY PROJECT CANADA aro time pniza Amp SPOKANE COUNTS SPOKANE COUNTY ga l� i DEER PARK MILL WOOD C/TY OF SPOKANE VALLEY SPOKANE VICINITY MAP CD CC LLL N EDT /lAn I ILL 0 _J WELLESLEY N TRENT SPOKANE RIVER EUCLID 0/ N 0 LLA L EUCLID CC CC Q m 1 PP if.141 Ilk mSPOKANE COM NITY ,L ° COLLEGE O B BROADWA®a��i tail Q ■■I aINTERSTATE � FAIR GROUND ° 0I 9 3RD Q z Z Q >BROADWAY BROADWAY VALLE MAY 8TH � [2 16TH C0 CC w 6TH 4TH 8TH 12TH 16TH MISSION r SPRAGLE 24TH Q 24TH °a 0 a —S I 7 SNG 44TH 32ND THORPE S 32ND SE F NT Y —5 90 LIBERTY LAKE f�9 11 0:41 14 CO CO SULLIVAN FROM 4TH TO 16TH-BUS SHELTER PADS MONTGOMERY FROM UNIVERSITY TO WILBUR-SIDEWALK EXTENSION 4TH FROM UNIVERSITY TO PIERCE-SIDEWALK EXTENSION TSHIRLEY FROM SPRAGUE TO COACH-SIDEWALK EXTENSION MANSFIELD FROM PINES TO SHANNON-SIDEWALK EXTENSION PARK FROM 8TH TO 12TH-SIDEWALK EXTENSION SPRAGUE AND PINES-BUS SHELTER PADS SPRAGUE AND UNIVERSITY-BUS SHELTER PAD SPRAGUE AND ARGONNE/MULLAN-BUS SHELTER PAD SPRAGUE AND SULLIVAN-BUS SHELTER PAD SPRAGUE AND FARR-BUS SHELTER PAD SPRAGUE AND HAVANA-BUS SHELTER PAD APPLEWAY AND FARR-BUS SHELTER PAD MISSION AND MULLAN-BUS SHELTER PAD MISSION AND BARKER-BUS SHELTER PADS SULLIVAN AT SPOKANE INDUSTRIAL PARK-BUS SHELTER PADS saL INDIANA AND EVERGREEN-BUS SHELTER PADS INDIANA AT ITT-BUS SHELTER PAD INDIANA AT STAPLES-BUS SHELTER PAD INDIANA NEAR KRISPY KREME-BUS SHELTER PAD XINDICATES LOCATIONS THAT HAVE BEEN MOVED TO ANOTHER PROJECT OR ARE NO LONGER FEASIBLE. City of Spokane Valley Department of Public Works 11707 East Sprague, Ave. Suite 107 SPOKANE VALLEY, WA. 99206 (508) 921-1000