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2012, 07-03 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,July 3, 2012 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ROLL CALL ACTION ITEMS: 1.Mayor Towey Mayoral Appointment of Planning Motion Consideration Commission Vacancy [public comment] NON-ACTION ITEMS: 2. Cary Driskell Emergency Management Interlocal Discussion/Information Agreement(DEM)Update 3. Scott Kuhta Comprehensive Plan Proposal CPA 05-12 Discussion/Information Development Agreement 4.Mark Calhoun City Hall Construction Considerations Discussion/Information 5. Steve Worley Memorandum of Understanding with Discussion/Information Spokane County Re 48th Avenue and Sundown Court Pavement Repair 6. Carolbelle Branch City's Ten Year Anniversary Discussion/Information 7.Mayor Towey Advance Agenda Discussion/Information 8. Information Only (will not be discussed or reported): 2012 Street Preservation Projects Update 9.Mayor Towey Council Check-in Discussion/Information 10.Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action" means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. 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. Study Session Agenda,July 3,2012 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 3, 2012 Department Director Approval: n Check all that apply: n consent n old business ® new business n public hearing n information n admin.report n pending legislation AGENDA ITEM TITLE: Motion Consideration: Planning Commission Mayoral Appointment GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10. BACKGROUND: There is currently one opening on the Planning Commission. That Commission position was formerly held by Marcia Sands, who resigned her commission effective June 14, 2012. Ms. Sands has served on the Planning Commission continuously since January 2006, and the City appreciates her dedication and service. This appointment will complete the unexpired term of Ms. Sands. According to SVMC 18.10, 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. Terms shall be for a three-year period and shall expire on the thirty-first day of December. A vacancy announcement was posted on the City's webpage, and was published in the Spokesman Review and in the Valley News Herald. The deadline to submit an application was 4:00 p.m. Friday, June 29, 2012; and once the deadline passed,copies of all applications were distributed to each Councilmember. Mayor Towey will announce his recommendation for this appointment at the July 3,2012 meeting. OPTIONS: 1. Approve the Mayor's Recommended Appointment 2. Choose not to approve 3. Take other action deemed appropriate by council. RECOMMENDED ACTION OR MOTION: "I move to confirm the Mayor's recommended appointment of to the Planning Commission to complete the unexpired term of the recently vacated position,which term expires December 31,2012. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mayor Towey ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 3, 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: Draft "Interlocal Agreement for Emergency Management" with Spokane County and other municipalities in Spokane County GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Adoption of prior agreement in 2005; administrative report on emergency management by Tom Mattern May 1, 2012; information only item June 26, 2012. BACKGROUND: The City has been a party to the regional interlocal agreement for provision of emergency management services since 2003. The agreement is reviewed from time-to-time for appropriate revisions by the Emergency Management Advisory Council (EMAC). The EMAC recommended various changes to the interlocal agreement. A copy of the proposed Interlocal Agreement for Emergency Management is attached. This draft has a number revisions from the existing agreement. Tom Mattern, the Deputy Director of Emergency Management Services provided a PowerPoint to the Council on May 1, 2012 giving an overview of what the Department does. During that presentation, Council asked whether the Department could be renamed from the "Spokane City/County Department of Emergency Management" to the "Spokane Regional Department of Emergency Management" in the interest of accurately identifying the breadth of agencies partnering in the agreement. The proposed draft from the Department instead proposes to change the name to the "Greater Spokane Department of Emergency Management" but to shorten that in actually referring to the Department, which would be publicly known as and referred to as the "Spokane Department of Emergency Management." OPTIONS: (1) Place on future agenda for discussion as drafted; (2) request additional amendments to the proposed draft. RECOMMENDED ACTION OR MOTION: Consensus to place the draft Interlocal Agreement for Emergency Management services on a future agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: None additional STAFF CONTACT: Cary Driskell, City Attorney; Mike Jackson, City Manager ATTACHMENTS: Proposed draft Interlocal Agreement for Emergency Management Return to: Daniela Erickson,Clerk of the Board Board of County Commissioners 1116 W.Broadway Spokane,Washington 99260 INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT THIS INTERLOCAL COOPERATION AGREEMENT is made by and among the City of Spokane, a Washington State municipal corporation,having offices for the transaction of business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as the"CITY,"the City of Spokane Valley,a municipal corporation of the State of I Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "SPOKANE VALLEY," City of Medical Lake, a municipal corporation of the State of Washington, having offices for the transaction of business at 124 S. Lefevre, P.O. Box 369, Medical Lake,Washington 99022,hereinafter referred to as"MEDICAL LAKE,"the Town of Millwood,a municipal corporation of the State of Washington,having offices for the transaction of business at 9103 East Frederick, Millwood, Washington 99206, hereinafter referred to "MILLWOOD," the Town of Fairfield, a municipal corporation of the State of Washington, having offices for the transaction of business at Town Hall,P.O.Box 334,Fairfield,Washington 99012,hereinafter referred to as"FAIRFIELD,"the Town of Latah a municipal corporation of the State of Washington,having offices for the transaction of business at P.O. Box 130,Latah, Washington 99018,hereinafter referred to as"LATAH,"the City of Liberty Lake,a municipal corporation of the State of Washington, having offices for the transaction of business at City Hall,22710 East Country Vista Drive,Liberty Lake,Washington 99019,hereinafter referred to as "LIBERTY LAKE," the Town of Rockford, a municipal corporation of the State of Washington,having offices for the transaction of business at Town Hall, 20 West Emma,P.O. Box 49, Rockford, Washington 99030, hereinafter referred to as "ROCKFORD,"the Town of Spangle,a municipal corporation of the State of Washington,having offices for the transaction of business at P.O. Box 147, Spangle, Washington 99031, hereinafter referred to as "SPANGLE,"the City of Cheney, a municipal corporation of the State of Washington,having offices for the transaction of business at General Office, 609 Second, Cheney, Washington 99004, hereinafter referred to as "CHENEY," the City of Airway Heights, a municipal corporation of the State of Washington, having offices for the transaction of business at City Hall, 1208 South Lundstrom, P.O. Box 969, Airway Heights, Washington 99001, hereinafter referred to as "AIRWAY HEIGHTS," the City of Deer Park, a municipal corporation of the Page 1 of 14 State of Washington,having offices for the transaction of business at City Hall, 316 Crawford, Box F,Deer Park, Washington 99006,hereinafter referred to as"DEER PARK,"the Town of Waverly,a municipal corporation of the State of Washington,having offices for the transaction of business at 255 North Commercial, P.O. Box 37, Waverly, Washington 99039, hereinafter referred to as "WAVERLY," and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as the "COUNTY," jointly hereinafter referred to as the"PARTIES=or individually referred to as a"PARTY". WITNESSETH: WHEREAS, pursuant to chapter 39.34 RCW, local governments may jointly exercise their powers, privileges and authorities through the execution of Interlocal Cooperation Agreements in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographical,economic,population,or other factors influencing the needs and development of local community;and WHEREAS,pursuant to RCW 38.52.070,two or more political subdivisions may join in the establishment and operation of a local organization for emergency management services.The City of Spokane, City of Spokane Valley, City of Medical Lake, Town of Millwood, Town of Fairfield, Town of Latah, City of Liberty Lake, Town of Rockford, Town of Spangle, City of Cheney,City of Airway Heights,City of Deer Park,Town of Waverly,and Spokane County are authorized and directed to establish local organizations for emergency management;and WHEREAS, the PARTIES entered into an agreement in 2005 entitled "Amended and I Reinstated Interlocal Agreement for Emergency Management Services" under which they reduced to writing their respective obligations concerning the maintenance of the Department of Emergency Management("DEPARTMENT'). The PARTIES now desire to modify and restate that agreement. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and as authorized under chapter 39.34 RCW and chapter 38.52 RCW, the City of Spokane City Council,City of Spokane Valley City Council,City of Medical Lake City Council, Town of Millwood Town Council, Town of Fairfield Town Council, Town of Latah Town Council,City of Liberty Lake City Council,Town of Rockford Town Council,Town of Spangle Town Council,City of Cheney City Council,City of Airway Heights City Council,City of Deer Park City Council,Town of Waverly Town Council and the Spokane County Board of County Commissioners(BOCC)hereby agree as follows: SECTION NO.1:GREATER SPOKANE DEPARTMENT OF EMERGENCY MANAGEMENT The Spokane Department of Emergency Services,as created under the joint Resolution No.79- 1 0873, will hereby be known as thebe the "Greater Spokane Department of Emergency Page 2 of 14 I Management"hereinafter to be known as and referred to as Spokane Department of Emergency Management,"DEPARTMENT' / Comment[CD1]:The County elected to not make changes we requested regarding it being the "Spokane Regional Department of Emergency Management". SECTION NO.2: COMMITMENT The PARTIES agree to be fully committed to the Emergency Management Program and provide the resources necessary for the DEPARTMENT to carry out the Emergency Management Mission. The PARTIES agree that they are each responsible for individual department emergency preparedness. The PARTIES agree to participate in collaboration,dialog,planning, and exercises with the DEPARTMENT to assure readiness in event of disaster or major emergency. This statement of commitment flows from the PARTIES down to the individual I employees for the safety of life,property,and the environment of Spokane County. SECTION NO.3: TERM I The term of this Interlocal Agreement(Agreement)shall commence as of the last date executed by the PARTIES hereto and shall continue until terminated as provided for hereinafter. SECTION NO.4: PURPOSE I It is the purpose of this Agreement to continue the combined efforts of CITY and COUNTY as originally developed in documents executed under Joint Resolution No.79-0873, Joint Resolution No. 96-0991, and as amended in Resolution No. 04-0689, and Resolution No. 05- 0781, in order to establish and operate, pursuant to RCW 38.52.070, a local organization for emergency management in accordance with the Washington State Comprehensive Emergency Plan and Program. This Agreement is to provide for the effective and economical preparation for and coordination of emergency functions,other than functions for which military forces are primarily responsible,and to mitigate,prepare for,respond to,and recover from emergencies and disasters,and to aid victims suffering from injury or damage,resulting from emergency disasters caused by all hazards, whether natural or man-made, and to provide the opportunity for coordination and support of search and rescue operations. SECTION NO.5: DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT shall office at the Spokane Fire Training Center, 1618 N.Rebecca Street, Spokane, Washington 99217, until the PARTIES, by mutual agreement, decide upon a new location. The DEPARTMENT,in addition to having those duties as enumerated in RCW 38.52.070,shall also have the following responsibilities: (a) Facilitate a coordinated planning process integrating emergency management plans to include: federal, state,local governments,individual city and county departments, neighborhood, individual citizens, schools and the private sector; Page 3 of 14 (b) Conduct a comprehensive internal assessment and evaluation of emergency plans, equipment and personnel proficiency through a program of regular exercises; (c) Acquire and maintain emergency management facilities and equipment; (d) Facilitate programs that enable people, governments, communities and the private sector to minimize and recover from immediate and long term impacts of disasters; (e) Facilitate the identification, development, implementation and evaluation of mitigation strategies and activities to reduce vulnerability to the effects of disasters; (f) Provide timely and accurate emergency Mmanagement information to the PARTIES; (g) Participate as requested with the Spokane County Emergency Communications Policy Board to assist the public in Spokane County to easily, rapidly, and accurately access emergency police, fire, and medical assistance during time of a disaster; (h) Effectively and efficiently train DEPARTMENT staff to coordinate emergency management resources,programs,functions and systems; (i) Propose coordinated legislation, ordinances, and local laws to improve the safety of people,governments and the private sector; (j) Coordinate a cooperative effort of federal, state, and local governments, neighborhoods, schools, individual citizens, individual city and county departments and private sector to educate the public in emergency and disaster preparedness; (k) Coordinate facilities and resources to assist federal, state, and local governments to effectively and efficiently respond to emergencies and disasters; (1) Work in cooperation with federal, state, and local governments, and the private sector to realize, develop and maintain a network of survivable emergency telecommunications and warning systems; (m)Facilitate a partnership of federal,state,and local governments and the private sector that provides "All Hazards" emergency management training for emergency coordination and management level personnel; Page 4 of 14 (n) Participate in various group meetings for situational awareness and dissemination of overall emergency management system efforts; (o) Establish,train and maintain a volunteer cadre that can be mobilized in case of search and rescue missions,emergencies and/or disasters; (p) Prepare, monitor, administer and evaluate the DEPARTMENT'S annual budget; (q) Participate in and attend related emergency management conferences, seminars,training and education;and (r) Coordinate the receipt,distribution and accountability of grant or other funds made available to local and regional agencies through the DEPARTMENT. SECTION NO.6: PROPERTY AND EQUIPMENT All equipment owned or subsequently purchased by the DEPARTMENT shall be owned by the DEPARTMENT and shall be disposed of upon termination of the DEPARTMENT as the PARTIES may mutually agree. SECTION NO.7: EMERGENCY MANAGEMENT POLICY BOARD(EMPB) There shall be an Emergency Management Policy Board ("EMPB") established. The EMPB'S function shall be to provide Emergency ManavmentDEPARTMENT policy guidance, budget review and approval recommendation based on the goals, objectives and expense prioritization developed by the Emergency Management Operations Group ("EMOG") as it relates to the DEPARTMENT in support of the overall Spokane emergency management system. The EMPB shall be composed of financial stakeholders. The EMPB shall be made up of the following and where appropriate, appointed by their respective appropriate elected officials: Two representatives from the City of Spokane, one representative from each city/town with a population of greater than 10,000, Spokane County Chief Executive Officer, and cities/towns with a populations over 1,000 and less than 10,000 shall appoint one representative which shall be selected by the mayors of those cities and towns.association. One representative of the Emergency Management Operations Group and the Local Director of the DEPARTMENT will serve as non-voting members of the EMPB. A majority of EMPB members will constitute a quorum. EMPB will assist, advise and collaborate with the Local Director and Deputy Director of the DEPARTMENT in the I development of service levels, resulting budget, emergency plans and training. EMPG gshall meet,at minimum,bi-annually(June and October)and the Local Director shall serve as chair. SECTION NO.8: EMERGENCY MANAGEMENT OPERATIONS GROUP There shall be established an Emergency Management Operations Group(EMOG). Page 5 of 14 The primary responsibility of the EMOG is to identify and foster a collaborative approach to identify and support a community-wide emergency management system, identify strengths, weaknesses and gaps and develop goals and objectives and prioritized strategies. The EMOG will address mitigation,preparedness,response and recovery across all aspects of the Emergency Management System. The EMOG, through insight from their respective disciplines and work groups,will establish goals and priorities for the Emergency Management System and establish sub-committees (Teams) i.e.; training and exercise, and planning, as needed. The established recommendations and priorities will be brought forth to the EMPB for DEPARTMENT financial consideration and jurisdictional/departmental support. The EMOG shall be comprised of representatives appointed by letter from their respective disciplines: Two representatives from emergency management, two representatives from law enforcement, two representatives from fire service, one representative from public health, a representative from public works will be solicited by the EMOG and a representative from the private sector, solicited from the Business Continuity Advisory Group through Greater Spokane Incorporated. Non-voting representatives may be added to the EMOG at the discretion of the EMOG. In the event of an activation of the Emergency Coordination Center,the respective public agency members or their designated alternates will respond as requested and fulfill the responsibility as a member of the Multi Agency Coordination Group (MAC) for prioritization and allocation of critical resources to support incident needs and provide for the continuity of operations for continued public services. Additional MAC group members may be solicited at the discretion of the Chair of the MAC Group based on event needs. The EMOG shall meet at least quarterly. Additional meeting can be called for by any representative of the EMOG through the Chair. The Local Director shall serve as Chair of the EMOG. SECTION NO.9: FUNDING The Local Director or Deputy Director shall annually prepare a budget for operation of the DEPARTMENT. The annual budget shall be submitted to the EMPB for review approval and submitted to the BOCC for fmal adoption. The budget shall include all costs of maintenance and operation of its offices at 1618 N.Rebecca Street and 1121 W. Gardner Avenue, Spokane, Washington plus Countywide and Sheriff Departmental indirect costs from the Law Enforcement Cost Allocation Plan. The annual budget once approved by the EMPB and adopted by the BOCC shall be allocated among the PARTIES in the same proportionate share as their populations are to the total population of Spokane County. For the purpose of calculating populations, the COUNTY shall have that population assigned to the unincorporated area of Spokane County. Provided, however, the COUNTY agrees to pay the budget allocation assigned to all cities and towns that are a part of this Interlocal Agreement and have populations of less than 1,000. The PARTIES agree to use the population figures as prepared and published by the Washington State Office of Financial Management as of April 1s`of the calendar year prior to the budget year. The COUNTY agrees Page 6 of 14 to prepare and provide to all PARTIES on or before October 31st a projected budget and cost sharing for the DEPARTMENT for the following year. Additionally, the COUNTY agrees to prepare and provide to all PARTIES on or before December 1s`a fmal budget and cost sharing for the DEPARTMENT for the following year for each year this Agreement is in effect, Attachment A provides a contract calculation sample based on the 2012 budget. The Spokane County Chief Executive Officer will submit quarterly invoices (due and payable upon receipt) in March, June, September and December each year to the PARTIES with populations greater than or equal to 1,000. With the exception of the City of Spokane Valley which will be billed monthly. At the end of each calendar year,using the population methodology and actual DEPARTMENT costs plus Countywide and Sheriff Department indirect costs from the Law Enforcement Cost Allocation Plan, the County will re-compute each PARTY'S actual cost share. Annual adjustments will be made on or before October 31st of each year based on actual expenditures for the previous year. In the event that the PARTIES were over billed during the previous calendar year,they will receive a credit to be applied to the next billing statement. Indirect costs charged by the County included as a result of this Agreement will be detailed to the EMPB on an annual basis. Upon review of indirect costs and/or settle and adjust jurisdictional costs may be disputed by a PARTY. In the event there is disputed charges and/or settle and adjust,the amount billed/paid will be paid until such time the dispute is resolved. In the event that a PARTY is no longer a signatory to this Agreement,it will be reimbursed. In the event that the PARTIES were under billed during the previous calendar year,they will be responsible for paying such debit in the next billing cycle. In the event that a PARTY is no longer a signatory to this Agreement,it will be responsible for paying any billing within 30 calendar days. At its sole discretion, any PARTY who financially pays a portion of the annual DEPARTMENT budget in the case of over billing, or in the sole discretion of the COUNTY, in the case of an under billing, the Pafty PARTY may request interest on such amount based on the lost interest earnings had the under billing amount been invested since the end of the calendar year to the date of determination in the Spokane County Treasurer's Investment Pool or the over billing amount been invested since the end of the calendar year to the date of determination in the Washington Cities Investment Pool. SECTION NO.10: INDEMNIFICATION The PARTIES agree that the DEPARTMENT,all of its employees,to include the Local Director and Deputy Director, shall be provided liability Insurance coverage through the COUNTY'S Joint Liability Insurance Policy with the Washington Counties Risk Pool for errors, omissions and sole negligence and workers compensation coverage through the COUNTY'S Self-insured Workers Compensation Each PARTY further agree that the COUNTY shall be responsible for any liability,loss,cost or expense claimed by third parties for property damage and bodily injury,including death,caused by any act or omission attributed to the DEPARTMENT,its employees or agents in connection with this Agreement. Page 7 of 14 Each PARTY shall be responsible for its own wrongful and negligent acts or omissions,or those of its officers, agents, or employees to the fullest extent required by law, and shall indemnify, defend, and hold the other PARTY PARTIES harmless from any such liability. In the case of negligence of more than one PARTY,any damages allowed shall be levied in proportion to the percentage of negligence attributable to each Party PARTY and each Party PARTY shall have the right to seek contribution from the other PaPARTIES in proportion to the percentage of negligence attributable to the other PARTIES . SECTION NO.11: RELATIONSHIP OF THE PARTIES For the purpose of this section,the terminology"COUNTY" shall also include the Sheriff. The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the other PARITES PARTIES and are interested only in the results to be achieved and that the right to control the particular manner, method and means in which the Services are performed is solely within the discretion of the Sheriff Any and all employees who provide services to the PARTIES under this Agreement shall be deemed employees solely of the Sheriff The SHERIFF shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of any PARTY shall be deemed to be an employee, agent, servant or representative of the Sheriff or COUNTY for any purpose. SECTION NO.12: INITIATIVES AND LOCAL BUDGET REDUCTIONS The PARTIES recognize that revenue-reducing initiative(s)passed by the voters of Washington and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may substantially reduce local operating revenue for the all of the PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s)in this Agreement in response to budget constraints resulting from the passage of State-wide revenue-reducing initiative(s)and/or local revenue reductions and/or local government mandates. If such an event occurs,the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO.13: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the I State of Washington and it is mutually understood and agreed by each PARTY that this Agreement shall be governed by the laws of the State of Washington,both as to interpretation and performance.Any action at law,suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County,Washington. SECTION NO.14: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. Page 8 of 14 SECTION NO.15: THE LOCAL DIRECTOR OF EMERGENCY MANAGEMENT The Spokane County Sheriff is hereby appointed as the Spokane Local Director of Emergency Management. The Local Director shall be responsible for: (a) The overall DEPARTMENT program and its responsibilities contained within this agreement Agreement and those defined within RCW 38.52 for local programs; (b) Serve as Chair of the EMPB and EMOG;and (c) In the event of a declared disaster,the Local Director shall be empowered to: 1. Coordinate matters reasonably related to the protection of life and property as affected by such disaster 2. Obtain vital supplies, equipment and such other properties found to be lacking and needed for the protection of the life and property of the people, and bind the participating members thereof and if required immediately,to commandeer the same for public use, 3. Execute the special powers conferred upon him/her by this agreement Agreement and 4. Request necessary personnel or material of the PARTIES to this Agreement,and (d)Under this Agreement,the Local Director may identify the Deputy Director as a designee in his/her absence. The designee is empowered to have the same authorities and responsibilities as the Local Director. (e) Coordinate and facilitate cooperation between divisions, services and staff of this Agreement and resolve questions of authority and responsibility that may arise between them, (f) Represent the DEPARTMENT in all dealings with public or private agencies pertaining to emergency management and disasters, (g)Keep and maintain an inventory of all non-perishable and non-expendable goods, supplies and equipment of the DEPARTMENT or in its custody, including excess federal property on loan to the DEPARTMENT, with said inventory to specify the location of each item listed, (h)Coordinate and facilitate a training and exercise program (i) Prepare,manage,and present the DEPARTMENTS budget before the EMPB, (j) Oversee the compliance of the Homeland Security Grant program and ensure compliance with federal,state,and local rules and regulations, (k)When appropriate circumstances arise, recommend a declaration of the existence or threatened existence of an emergency or disaster and the termination thereof, Page 9 of 14 (1) Forward any disaster declaration to the Washington State Emergency Management Division for (i) consideration of a State of Washington proclamation that identifies any of the PARTIES, and (ii) Federal Disaster Declaration(Stafford Act). (m)Direct coordination and cooperation between the PARTIES in planning, training,and exercises,and (n)Recommend to the PARTIES emergency regulations or ordinances on matters related to the protection of life and property as affected by emergencies or disasters. SECTION NO.16: DEPUTY DIRECTOR OF EMERGENCY MANAGEMENT The Deputy Director of the Spokane Department of Emergency Management, a non commissioned officer, shall be subordinate to the Local Director. Subject to the direction of the Local Director,The Deputy Director shall not possess any authorities of that of a commissioned officer and is hereby empowered and directed: (a) To act on behalf of the Local Director on a day-to-day basis under the direction of the Local Director or in his/her absence in all Emergency Management functions and responsibilities; (b)To prepare a comprehensive emergency management plan conforming to the Washington State Comprehensive Emergency Management Plan program and programs; (c) To coordinate the efforts of the DEPARTMENT in accomplishing the purposes of this Agreement; (d)To train and exercise the Emergency Coordination Center("ECC")personnel; (e) To prepare, manage, and present the DEPARTMENT budget before the EMPB. (f) Oversee the Homeland Security Grant program in ensuring compliance to federal and state rules and regulations. SECTION NO.17: AGREEMENT OF PARTIES TO PARTICPATE The PARTIES of this Agreement shall participate and respond as necessary in the activation of the Spokane Emergency Coordination Center ("ECC") and in accordance with the Comprehensive Emergency Management Plan and the ECC Plan. PARTIES further agree to participate in planning,training, exercises,and cooperate to meet the needs of the intent of this Agreement. SECTION NO.18: TERMINATION Page 10 of 14 Each PeftPARTY may terminate its participation in this Agreement upon 180 days written notice to the Local Director prior to January 1s`of any year. The effective date of the termination will be December 3F`. Federal or state-owned properties shall be disbursed in accordance with appropriate federal or state guidelines. Items loaned to the DEPARTMENT by a participating member PARTY shall upon request be returned to that member PARTY upon that fuember'° PARTY'S withdrawal from this Agreement or upon this Agreement's cancellation. SECTION NO.19: SEVERABILITY It is understood and agreed by the PARTIES hereto that if any part, term or provision of this Agreement is held by the courts to be illegal,the validity of the remaining provisions shall not be affected,and the rights and obligations of the PARTIES shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statute of the State of Washington, said provision that may conflict therewith shall be deemed modified to conform to such statutory provision. SECTION NO.20: ENTIRE AGREEMENT The PARTIES agree that this Agreement is the complete expression of the terms hereto and any I oral representations or understandings not incorporated herein are excluded. This Interlocal Agreement shall supersede all prior resolutions and agreements executed by the PARTIES hereto with regard to emergency management. SECTION NO.21: COUNTERPARTS This Agreement may be executed in any number of multiple signed originals, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO.22: MUTUAL AID AGREEMENTS I Nothing in this Agreement shall limit the authority,responsibility or duties of any PARTY arising out of any mutual aid agreement or other agreements with other governmental entities. SECTION NO.23: DISCLAIMER Except as otherwise provided,this Agreement shall not be construed in any manner that would I limit any Party's PARTY'S authority or powers under law. SECTION NO.25: AGREEMENT TO BE FILED Page 11 of 14 The COUNTY will be responsible for filing this Agreement with the County Auditor. Each P.aftPARTY shall file this Agreement with its respective Clerk or post the same on its website as may be allowed by state law. SECTION NO.26: RECORDS The DEPARTMENT shall maintain in accordance with state law all records related to its I expenditures and responsibilities under the terms of this Agreement. Each Party PARTY shall have access to such records at reasonable times. SECTION NO.27: NOTICES All notices shall be in writing and served either personally or by certified mail, return receipt requested to the PARTIES at the addresses set forth herein above. Notices sent by certified mail shall be deemed served when deposited in the United Stated Mail,postage prepaid. SECTION NO.28: MODIFICATION This Agreement may be modified at any time by mutual agreement of the PARTIES. SECTION NO.29: CHAPTER 39.34 RCW REQUIRED CLAUSES (a) Purpose. See Section No.4 above. (b) Duration. See Section No.3 above. (c) Organization of Separate Entity and Its Powers. See Section No. 1 above. (d) Responsibilities of the PARTIES. See provisions above. (e) Agreement to be Filed. See Section No.25 above. (f) Financing. The COUNTY shall annually inform the PARTIES by October 31st of its projected costs for the next fiscal year as a part of the regular budgetary process. Each PaftPARTY shall be responsible for the financing of its contractual obligations under its normal budgetary process. (g) Termination. See Section No. 18 above. (h) Property upon Termination. See Sections No.6 and 18 above. IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. NOTE: There will be a separate signature page for each entity signing the Agreement. Page 12 of 14 DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE,COUNTY,WASHINGTON TODD MIELKE,Chair ATTEST: MARK RICHARD,Vice-Chair Daniela Erickson,Clerk of the Board AL FRENCH,Commissioner Page 13 of 14 Spokane Department of Emergency Management 2012 Contract Salary and Benefits 323,884.00 M/O 53,725.00 Indirect Costs* 47,185.72 Total Operating Cost 424,794.72 %Population Annual Cost Population per City per Entity Spokane 209,100 0.4424 187,929 Unincorporated 136,713 0.2892 122,871 Spokane Valley 90,110 0.1906 80,986 Cheney 10,790 0.0228 9,698 Liberty Lake 7,705 0.0163 6,925 Airway Heights 6,220 0.0132 5,590 Medical Lake 4,910 0.0104 4,413 Deer Park 3,675 0.0078 3,303 Millwood 1,785 0.0038 1,604 Fairfield 595 0.0013 535 Rockford 470 0.0010 422 Spangle 280 0.0006 252 Latah 195 0.0004 175 Waverly 102 0.0002 92 Total County Pop 472,650 1.0000 424,795 *Indirect Rate from LECAP-2010 Actuals for 2012 Population based on Washington State OFM Forecast April 2011.http://www.ofm.wa.gov Indirect Rate(applied to total expenditures): Estimate 12.50% Page 14 of 14 CITY OF SPOKANE VALLEY Request for Council Review Meeting Date: July 3,2012 Department Director Approval ❑ Item: Check all that apply: ❑consent ❑old business ®new business ❑public hearing ❑ information ® admin.report ❑ pending legislation AGENDA ITEM TITLE Comprehensive Plan Amendment CPA-05-12 and associated development agreement. GOVERNING LEGISLATION: RCW 36.70A, RCW 36.70B.170-210 and SVMC 19.30.015 PREVIOUS ACTION TAKEN: City Council passed a motion to amend Ordinance 12-018 to include a development agreement and advance to a second reading. BACKGROUND: CPA-05-12 is a privately initiated site-specific comprehensive plan map amendment requesting to change the designation from Medium Density Residential (MDR) with a Medium Density Multifamily Residential (MF-1) zoning classification to High Density Residential (HDR) designation with a High Density Multifamily Residential (MF-2) zoning classification. Staff presented CPA-05-12 to the Planning Commission at a study session on February 9, 2012. The Planning Commission held a public hearing on the amendment on February 23, 2012. The Planning Commission continued the public hearing to March 8, 2012 for further deliberations. Staff presented the proposed amendment to the City Council on April 24, 2012. On May 8, 2012, City Council deliberated on the comprehensive plan amendment. The findings in Ordinance 12-014 and 12-015 reflect City Council's decision to deviate from the Planning Commission's recommendation relating to CPA-05-12. On May 22, 2012, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments, with the exception of CPA- 05-12, which was to be considered separately later. City Council determined that more information would be necessary to ensure an informed decision could be made relating to CPA- 05-12. On June 12, 2012, staff provided more information to City Council. City Council concurred to proceed to an ordinance first reading, without a development agreement, for the June 26, council meeting. On June 26, 2012, City Council passed a motion to amend Ordinance 12-018 to include a development agreement and advance to a second reading. ANALYSIS (DEVELOPMENT AGREEMENT): As requested by City Council, staff is working with the developer to draft a development agreement to minimize the impacts of future development associated with CPA-05-12. Development Agreements are specifically authorized by RCW 36.70B.170-210 and Section 19.30.050 of the Spokane Valley Municipal Code (SVMC) as a proper exercise of the city's police power to include standards that apply to and vest the development, use and mitigation. The development standards in such agreements may include residential densities, building sizes, mitigation measures, conditions, maximum height, setbacks, drainage and other land use matters. 1 of 2 Development agreements cannot relieve the developer from compliance with existing rules and regulations. The conditions set forth in the development agreement shall run with the land and will be binding upon each successive owner. OPTIONS: Consensus to proceed to an administrative report scheduled for July 17, 2012. STAFF CONTACT: Scott Kuhta, AICP, Planner Manager 2 of 2 pkanc }�r KA"E Department of Community Development alle Planning Division CPA-05-12 Development Agreement Review Session July 3, 2012 pkanc t'TY" " }�r"KA"E Department of Community Development Valle golliwog Planning Division Project Number CPA-05-12 Application Description: Privately initiated map amendment Proposed Amendment: Medium Density Residential to High Density Residential iiApplicant(s): Land Use Solutions & Entitlement 9101 Mt. View Lane Spokane, WA 99218 p kanc, " 'Ey Department of Community Development Valle Planning Division Pioneer and RailbOW I •! r KANE/ Department of Community Development .000 Valle . Planning Division Comprehensive Plan Broadway Spokane Valle Department of Community Development Planning Division Development Agreement Negotiated Terms • Limit density to 22 units/acre • Main access Broadway Ave. • Alki Rd. will not be improved • Shared Use Path from Moore Rd. to Sonora Rd. — 10' wide — Bollards at each end to prevent vehicle access • 40' wide area of restriction (surrounding the property) — which will restrict the building height to 35 ' Zone LE T .L1 Main access will be limited to Broadway Avenue Area of restriction is the shaded area surrounding ..m■ the property limiting the height to 35' LZ T w as �x•�ti�/: • �.;-C'M1 Jam" •- Lf RL Ip F. The developer will build a Shared Use Path connecting Moore Rd. to Senora Rd. for pedestrian circulation • tr BROAD AY APARTMENTS B -- Pi PLAN Dl ('ITYH4l I«}5r,',KANEV, Spokane Va11e Department of Community Development Planning Division Upcoming Meetings • Study Session - July 17, 2012 • Public Hearing - July 24, 2012 • 2nd Reading Ordinance 12 - 018 & 12-019 - July 31 , 2012 CITY OF SPOKANE VALLEY City Council Retreat Meeting Date: July 3, 2012 Department Director Approval: Ix Check all that apply: ❑ consent ❑ old business ❑ new business ❑public hearing ❑ information ®admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: City Hall Acquisition / Construction Considerations GOVERNING LEGISLATION: None. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: This was a topic originally included in the Council's June 12, 2012, retreat packet. Because council and staff did not have the opportunity to discuss this subject at that time, it was included in the June 26 council meeting book as an information item, and is back this evening for discussion. OPTIONS: This is a discussion topic and requires that no decisions be made at this time. RECOMMENDED ACTION OR MOTION: No action is required at this time. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Mike Jackson / Mark Calhoun ATTACHMENTS: None. IISV-FS21Userslmcalhoun\City Departments1Finance12012 07 03 RCA re City Hail.docx Spokane 40000 Valley 11707 E Sprague Ave Suite 106 ❑ Spokane Valley WA 99206 509.921.1000 Ci Fax: 509.921.1008 0 cityhall @spokanevalley.org Memorandum To: Mike Jackson From: Mark Calhoun Date: June 7, 2012 Re: City Hall Acquisition /Construction Considerations Initial Acquisition I Construction Assuming the City chose to construct or acquire a replacement structure for City Hall and the cost was $15,000,000, we could conceivably pay for the facility with a combination of cash from our General Fund and issuing Long Term General Obligation (LTGO) bonds. We would make the annual debt service payments on the bonds with the money we save by no longer making monthly lease payments for our existing City Hall. If we converted our 2012 annual lease payment of$473,600 to a bond payment and: • Assumed a 30-year LTGO bond for which we paid an average interest rate of 4%, I estimate net proceeds (after issue costs) to be used towards construction of$8,029,000. This would leave a balance of $6,971,000 that would be paid with General Fund cash. Source of Money to Construct/Acquire a City Hall Building LTGO Bonds 8,029,000 General Fund cash 6,971,000 15,000,000 • Assumed a 25-year LTGO bond for which we paid an average interest rate of 4%, I estimate net proceeds (after issue costs) to be used towards construction of$7,253,000. This would leave a balance of$7,747,000 that would be paid with General Fund cash. Source of Money to Construct 1 Acquire a City Hall Building LTGO Bonds 7,253,000 General Fund cash 7,747,000 15,000,000 1ISV-FS21UserslmcalhounlCity Departments1Financel2012 06 06 City Hall replacement memo.docx Page 1 • Assumed a 20-year LTGO bond for which we paid an average interest rate of 4%, I estimate net proceeds (after issue costs) to be used towards construction of$6,310,000. This would leave a balance of$8,690,000 that would be paid with General Fund cash. Source of Money to Construct/Acquire a City Hall Building LTGO Bonds 6,310,000 General Fund cash 8,690,000 15,000,000 Ongoing Operating Costs of a Facility the City Owns Unlike our existing arrangement where as a tenant we incur no costs related to utilities, janitorial or building maintenance, as a building owner we would face all of these over the fife of the structure. The City currently leases a 28,236 square feet of space in the existing complex. For this analysis I'll assume a new City Hall building would total 35,000 square feet. Using the CenterPlace facility which has 54,000 square feet as a baseline, I would estimate the costs of a City Hall to be 65% of those of CenterPlace: Square Feet of Space C.H. CP I C.H. /CP 35,000 54,000 65% • Based upon the 2013 Budget worksheets, annual utility costs are estimated as follows: Utility Cost C.H. CP Electricity/Gas $55,100 $85,000 Water $6,500 $10,000 Sewer $6,800 $10,500 Garbage $6,300 $9,700 • Janitorial services could be satisfied either by hiring additional City employees or contracting for the work. Given the City's successful use of contractors for so many services I'll assume we would use this model for City Hall as well. Again, using CenterPlace as a model, estimated janitorial services would cost: Janitorial Cost C.H. I CP [Janitorial $55,100 $85,000 • The City would also expect to incur grounds maintenance and snow removal costs which I'll estimate at $25,000 per year. • Annual maintenance costs would likely be relatively little in the early years of the structure and would of course increase as the facility ages. For the sake of this analysis I'll assume an annual cost of$25,000. All totaled, the aforementioned items would result in an annual cost of$179,800. At this early stage this is obviously a very rough estimate and could be more or less depending upon the size of any structure either built or acquired as well as the size of the parcel upon which the building rested. 11SV-FS21UserslmcalhounlClty DepartmentslFrnance12012 06 06 City Hall replacement memo.docx Page 2 Benefit of Ownership versus Leasing A benefit to constructing or acquiring a City Hall building is that: 1. We can "lock-in" our annual payment at $473,600 for the 20 to 30 year life of the bonds. This will result in slowing the annual growth of the General Fund recurring expenditures due to avoiding a lease payment that increases each year. For example, assuming the City issued 30-year LTGO bonds with an annual payment of$473,600 we would expect to make payments totaling $14,208,000 over the life of the bonds. Assuming our annual lease grew by 2.5% per year, we would expect to pay a total of$21,312,115 over the next 30 years. The savings resulting from ownership rather than leasing over the 30 year period is $7.1 million with a present value saving of$4.06 million. Lease Payment with Annual Annual Difference Payment Increase of Bond (Amount # Year 2.5% Payment Saved) 1 2013 485,440 473,600 11,840 2 2014 497,576 473,600 23,976 3 2015 510,015 473,600 36,415 4 2016 522,765 473,600 49,165 5 2017 535,834 473,600 62,234 6 2018 549,230 473,600 75,630 7 2019 562,961 473,600 89,361 8 2020 577,035 473,600 103,435 9 2021 591,461 473,600 117,861 10 2022 606,248 473,600 132,648 11 2023 621,404 473,600 147,804 12 2024 636,939 473,600 163,339 13 2025 652,862 473,600 179,262 14 2026 669,184 473,600 195,584 15 2027 685,914 473,600 212,314 16 2028 703,062 473,600 229,462 17 2029 720,639 473,600 247,039 18 2030 738,655 473,600 265,055 19 2031 757,121 473,600 283,521 20 2032 776,049 473,600 302,449 21 2033 795,450 473,600 321,850 22 2034 815,336 473,600 341,736 23 2035 835,719 473,600 362,119 24 2036 856,612 473,600 383,012 25 2037 878,027 473,600 404,427 26 2038 899,978 473,600 426,378 27 2039 922,477 473,600 448,877 28 2040 945,539 473,600 471,939 29 2041 969,177 473,600 495,577 30 2042 993,406 473,600 519,806 21,312,115 14,208,000 7,104,115 Present Value 14,219,831 10,160,401 4,059,430 2, An added benefit to ownership rather than leasing is that once the bonds are entirely repaid, we liberate the annual payment of$473,600 for other General Fund uses. 11SV-FS21Userslmcalhoun4City Departments1Finance12012 06 06 City Halt replacement memo.docx Page 3 Conclusion At least in the early years, and likely throughout the next 30 years, the annual cost of a lease payment alone would be less than the combined cost of an annual bond payment plus the annual cost of operations. Cost however cannot be the only factor considered when evaluating whether it is better to lease or own. Other issues that might be considered include: • Depending upon where a City Hall structure was located it could serve as an investment in the community that could help to jump start economic development. • Additionally, having all City departments under one roof in a facility specifically designed to serve our citizens would improve customer service and potentially lay a foundation that invites business to our City. 11SV-FS21UserslmcalhounlCity Departments\Finance12012 06 06 City Hall replacement memo.docx Page 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 3, 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: Memorandum of Understanding (MOU) with Spokane County - 48th Ave & Sundown Ct Pavement Repair GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approval of the Memorandum of Understanding (MOU) with Spokane County for the 2009 Septic Tank Elimination Program (STEP) on April 7, 2009. BACKGROUND: In 2009 Spokane County completed the West Ponderosa Sanitary Sewer Project, which included full-width reconstruction of the roadways in this area. Upon completion of this project the City determined that the south half of 48th Avenue, east of Woodruff Road, and the cul-de-sac at the end of Sundown Court was not constructed in a manner that provided for proper drainage. Spokane County has taken the position that these roads have been returned to a condition that is equal to or better than the condition that existed prior to the sewer construction. In the interest of settling this disagreement, the City and County are willing to share in the cost of a project to repair these roadways. Attached is a draft MOU that describes the sharing of costs for the replacement of the south half of 48th Avenue and the installation of an asphalt channel across the cul-de-sac of Sundown Court to allow for proper drainage. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: Discussion only. BUDGET/FINANCIAL IMPACTS: The draft MOU proposes that the City pay 50% of the estimated $157,000 construction cost along with 100% of the construction management cost, which is estimated to be $16,500. The County proposes to pay for the design costs. The total estimated City cost is approximately $95,000. Funds for this work are proposed to come from the Civic Facilities Fund which paid for the full-width paving of the 2010 and 2011 STEP projects. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer ATTACHMENTS: Draft Memorandum of Understanding (MOU) DRAFT Memorandum of Understanding Between the City of Spokane Valley and Spokane County Pavement Replacement and Drainage Improvement Cost Sharing For the 48th Avenue and Sundown Court Pavement Modifications WHEREAS, the City of Spokane Valley (the CITY) and Spokane County (the COUNTY) have worked collaboratively to construct portions of the COUNTY's West Ponderosa Sewer Basin Project together with CITY paving and drainage improvement projects; and WHEREAS, the CITY desires that the roads impacted by the construction of sewers be reconstructed based on typical road design standards including 2% cross slopes; and WHEREAS the CITY has taken the position that the south half of 48th Avenue east of Woodruff Road was not reconstructed in an acceptable manner following the construction of sewers, and that a portion of the cul-de-sac at the end of Sundown Court has not been reconstructed in a manner that provides for proper drainage; and WHEREAS the COUNTY has taken the position that the roads impacted by the construction have been returned to a condition that is equal to or better than the condition that existed prior to the construction; and WHEREAS, in the interest of settling the disagreements relative to the replacement of these roadways, the CITY and COUNTY are willing to share in the cost of a project to address the CITY's concerns; and WHEREAS, the CITY and COUNTY are willing to share equally in the construction contract costs of such pavement modifications. NOW THEREFORE, the CITY and the COUNTY do hereby agree as follows: 1 . The CITY and the COUNTY shall jointly prepare a notification letter for distribution to property owners located adjacent to the proposed improvements, advising them of the scope of the work and the anticipated schedule. The COUNTY shall mail the notification letter to the property owners prior to the start of design survey work. 2. The COUNTY shall design the roadway improvements, and shall provide the CITY with a set of project plans indicating the extent of the pavement modifications and adjoining restorations, together with a construction cost estimate for same. The COUNTY shall bear the cost of the design and cost estimating work. Memorandum of Understanding 48th Ave. & Sundown Ct. Pavement Modifications Page 2 of 4 3. The CITY and COUNTY agree that the pavement section for these roadway improvements shall consist of two and a half (21/2) inches of hot mix asphalt overlying four (4) inches of crushed rock. 4. Portions of the south half of 48th Avenue between Woodruff Road and a point approximately 300 feet east of Raymond Road will be removed, re-graded, and repaved with an increased cross slope. 5. A 10-foot wide asphalt channel will be constructed through the cul-de-sac at the end of Sundown Court to direct runoff to the existing drywell 6. During the design process, the COUNTY and the CITY shall each provide a representative to coordinate as a team with affected property owners relative to the impacts to driveway approaches and driveway slope adjustments. In those cases where driveway re-grading will be required beyond the right-of-way, the CITY shall prepare and secure the authorizations necessary for the re-grading from the property owners 7. The CITY shall review the plans and construction cost estimate, and shall provide written comments to the COUNTY outlining any changes to the design desired by the CITY. The COUNTY shall make modifications to the design to address the CITY's comments. 8. The CITY shall approve the project plans prior to the release of the plans for bidding. Such approval shall not be unreasonably withheld. 9. The CITY shall incorporate the plans prepared by the COUNTY into a bid package, and shall bid the project. The bid documents shall clearly establish the CITY's right to reject all bids. After the bids for a project are opened, the CITY shall prepare the bid tabulation and provide a copy to the COUNTY. 10.The CITY's and the COUNTY's shares of the construction contract cost will each be one-half the cost submitted by the lowest responsive bidder. The preliminary construction cost estimate for the work contemplated is $157,000. If the total amount bid by the lowest responsive bidder does not exceed $157,000, the CITY may elect to proceed immediately with the award of the construction contract. 11 . In the event that the total low bid amount exceeds $157,000, The CITY and the COUNTY may 1) agree to reject all bids and revise the scope of the project and rebid, or 2) agree to increase in the CITY's and the COUNTY's respective project budgets equally to allow the work to proceed as bid with each party paying 50% of the cost. Memorandum of Understanding 48th Ave. & Sundown Ct. Pavement Modifications Page 3 of 4 12.The CITY shall manage all components of the construction contract, and shall be responsible for compliance with all provisions of the Revised Code of Washington relating to public works contracts. The CITY's construction management costs shall be borne entirely by the CITY. 13.The CITY and the COUNTY recognize that the actual CITY and COUNTY costs may be different from the bid cost based upon final quantities and contract change orders. The CITY shall present all proposed change orders to the COUNTY during construction for acceptance by the COUNTY. The actual final cost shall be shared equally by the CITY and the COUNTY. However, the COUNTY shall not be responsible for any additional cost resulting from change orders that have not been accepted by the COUNTY. 14.When all paving work is completed, the CITY shall send an invoice to the COUNTY for the COUNTY'S portion of the project costs. The invoice shall be accompanied by a copy of the final contract pay estimate and any contract change orders. The COUNTY shall make payment to the CITY within 30 days of receipt of the invoice and documentation. 15.Upon the CITY's final project completion and acceptance of the COUNTY's full payment for construction costs, the CITY shall indemnify and hold harmless the COUNTY from any and all current or future claims associated with the roadway improvements on 48th Avenue east of Woodruff Road and on Sundown Court. Any dispute between the COUNTY and CITY regarding the Agreement which cannot be resolved between the COUNTY and CITY shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If the County CEO and the City Manager or his designee cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two (2) selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the Parties. 16.The COUNTY hereby appoints and CITY hereby accepts as the COUNTY'S designee for the purpose of administering this Agreement. CITY hereby appoints and COUNTY hereby accepts as CITY'S designee for the purpose of administering this Agreement. Memorandum of Understanding 48th Ave. & Sundown Ct. Pavement Modifications Page 4 of 4 SPOKANE COUNTY: By: Date: Marshall Farnell, Chief Executive Officer CITY OF SPOKANE VALLEY: By: Date: Mike Jackson, City Manager CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 3, 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: Ten-Year Anniversary Planning Update GOVERNING LEGISLATION: n/a 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. • Administrative report at February 14, 2012 Council meeting BACKGROUND: 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, representatives of local organizations and community members were invited to act as a planning and steering committee and have met to discuss goals and propose a series of actions and activities throughout 2013 in celebration of the City's ten-year anniversary. Goals identified: o Involve the entire community in celebrating the ten-year milestone and strengthen our great sense of community o Celebrate and promote Spokane Valley's unique identity and attributes o And in the process, support economic development and tourism in Spokane Valley See attached for the committee's proposed actions, activities and involvement. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: n/a BUDGET/FINANCIAL IMPACTS: To be determined STAFF CONTACT: Carolbelle Branch, Public Information Officer ATTACHMENTS: Ten-Year Anniversary Planning Committee Recommendations 1 1 Citf Spokane Valley proposed Ten Yer9nniversary Celebration • Involve the entire community and strengthen our great sense of community. • Celebrate and promote Spokane Valley's unique identity and attributes. • Support economic development and tourism in Spokane Valley. Committee Reconynendations �? % • Community Birthday Party Event • Community wide-cleanup event of the Milwaukie Right-of-Way. • Ten-Year anniversary-themed cross- promotions with community events, organizations and businesses . Related Projects • Ten Year Mind Worm ( aka Ear Worm ) • Community Video Contest City of Spokane Valley 2013 Ten-Year Anniversary Goals for Ten-year Anniversary Committee efforts: • Involve the entire community in celebrating the ten-year anniversary and strengthen our great sense of community. • Celebrate and promote Spokane Valley's unique identity and attributes. • And in the process, support economic development and tourism in Spokane Valley. Committee Recommendations for Commemorative Activities • Community Birthday Party Event • Community wide cleanup event of the Milwaukie Right-of-Way. • Ten-Year anniversary-themed cross-promotions with community events, organizations and businesses (i.e., special story telling events at the library, service club events, ValleyFest,business special promotions, etc.). The committee has identified a number of events and projects already under way for 2013 that can be considered for involvement in the ten-year anniversary effort. Criteria for participation and benefits of participation will be developed and will likely include: o A requirement for a ten-year anniversary-themed promotion or element in programming (such as Spokane Valley Day at the Fair, a ten percent discount or ten dollars off at a retail shop, or ten ideas for enjoying summer at the library, etc.) o Inclusion of a City-developed Ten Year Anniversary logo in advertising the ten- year anniversary-themed promotion/element. o Inclusion of the ten-year anniversary-themed event in a printed and online ten- year anniversary commemorative calendar—City coordinated o Inclusion of the ten-year anniversary-themed promotion on a special anniversary section on the City website and possibly in some additional form of City-initiated public exposure/advertising. Ten-Year Mind Worm (and Ear Worm) Throughout all our efforts,we will attempt to implant a"Ten Year Mind Worm." This involves strategic use of the word TEN in our communications throughout 2013 so that it triggers recollection that it is the City's ten-year anniversary. When the word TEN is combined with a unique audio cue, it becomes an Ear Worm which,when heard, triggers the associated audio cue and recollection of the Spokane Valley Ten-Year anniversary. Community Video Contest As part of the City's ongoing efforts to promote Spokane Valley's unique identity, the City's Public Information Office proposes for 2013 a contest challenging community members to create 3-minute videos highlighting the"best of' or their favorite things to do in Spokane Valley or based around specific Spokane Valley features. The best videos would be posted on YouTube and Google Video with links from the City website to help highlight all the great things Spokane Valley has to offer, and could also form the basis of a longer promotional video, or as background for creating City public service announcements or other video promotions. DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of June 27,2012; 2:30 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 July 10,2012,Formal Meeting Format,6:00 p.m. [due Mon,July 2] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance 12-017,Coeur d'Alene Tribe Franchise—C. Driskell (10 minutes) 3.Motion Consideration: University Road Overlay Bid Award—Steve Worley (10 minutes) 4.Motion Consideration: SRTC Call for Projects—Steve Worley (10 minutes) 5.Admin Report: Street Standards—John Hohman,Gabe Gallinger (20 minutes) 6.Admin Report: Street Illumination—John Hohman,Gabe Gallinger (15 minutes) 7.Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 75 minutes] July 17,2012, Study Session Format,6:00 p.m. [due Mon,July 9] 1. Shoreline Master Program (SMP) Goals and Policies—Lori Barlow (30 minutes) 2. Draft Development Agreement for CPA 05-12—Mike Basinger (20 minutes) 3. Graffiti Update —Cary Driskell (20 minutes) 4. Code Enforcement—John Hohman, Cary Driskell (30 minutes) 5. Interstate Signage—Cary Driskell (20 minutes) 6. TIB Call for projects— Steve Worley (20 minutes) 7. Advance Agenda (5 minutes) [*estimated meeting: 145 minutes] July 24,2012,Formal Meeting Format,6:00 p.m. [due Mon,July 16] 1. PUBLIC HEARING: CPA 05-12 Development Agreement—Mike Basinger (-45 minutes) 2.Motion Consideration: CPA 05-12 Development Agreement—Mike Basinger (20 minutes) 3. Consent Agenda(claims,payroll,minutes) (5 minutes) 4.Motion Consideration: TIB Call for Projects—Steve Worley (10 minutes) 5.Admin Report: Shoreline Master Program(SMP)Goals and Policies—Lori Barlow (30 minutes) 6.Admin Report: Advance Agenda (5 minutes) 7. Info Only: Department Reports [*estimated meeting: 115 minutes] July 31,2012,Study Session Format,6:00 p.m. [due Mon,July 23] ACTION ITEMS: 1. Second Reading Proposed Ordinance 12-018,CPA 05-12—Mike Basinger (30 minutes) 2. Second Reading Proposed Ordinance 12-019,CPA Zoning Map—Mike Basinger (5 minutes) NON-ACTION ITEMS: 3.Advance Agenda (5 minutes) [*estimated meeting: minutes] August 7,2012, Study Session Format (CONFIRMED no meeting—National Night Out) August 14,2012,Formal Meeting Format,6:00 p.m. [due Mon,Aug 6] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 4. Proposed Resolution: Shoreline Master Program(SMP)Goals and Policies—Lori Barlow (20 minutes) 5.Motion Consideration: Award of Animal Control Contract—Morgan Koudelka (15 minutes) 6.Admin Report: 2013 Budget-Estimated Revenues&Expenditures (20 minutes) 7.Admin Report: Advance Agenda (5 minutes) Draft Advance Agenda 6/28/2012 3:45:29 PM Page 1 of 3 [*estimated meeting: 100 minutes] August 21,2012, Study Session Format, 6:00 p.m. [due Mon, Aug 13]] 1. Donation Policy—Mike Stone (25 minutes) 2.Advance Agenda (5 minutes) [*estimated meeting: 30 minutes] August 28,2012,Formal Meeting Format,6:00 p.m. [due Mon,Aug 20] 1. PUBLIC HEARING: 2013 Budget(estimated revenues&expenditures) (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Admin Report: Proposed 2013 Budget Ordinances—Mark Calhoun (20 minutes) 4.Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports [*estimated meeting: 40 minutes] September 4,2012, Study Session Format,6:00 p.m. [due Mon, Aug 27] 1. Outside Agencies: Presentations from Economic Development Orgs—Mark Calhoun (-30 min) 2. Sprague Appleway Corridor Environmental Assessment—Public Works (30 minutes) 3.Advance Agenda (5 minutes) [*estimated meeting: 60 minutes] September 11,2012,Formal Meeting Format,6:00 p.m. [due Tues,Sept 4] 1. Consent Agenda(claims,payroll,minutes) 2.Admin Report: Presentation of City Manager's Preliminary 2013 budget—Mike Jackson (15 minutes) 3.Admin Report: Outside Agencies: Presentations from Social Service Agencies—M.Calhoun(-60 min) 4.Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 65 minutes] September 18,2012, Study Session Format, 6:00 p.m. [due Mon, Sept 10] 1.Advance Agenda (5 minutes) September 25,2012,Formal Meeting Format,6:00 p.m. [due Tues,Sept 17] 1.PUBLIC HEARING: Proposed 2013 Budget—Mark Calhoun (20 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Motion Consideration: Allocation of Funds to Outside Agencies—Mark Calhoun (20 minutes) 4.Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports [*estimated meeting: 50 minutes] October 2,2012,Study Session Format, 6:00 p.m. [due Mon, Sept 24] 1.Advance Agenda (5 minutes) October 9,2012,Formal Meeting Format,6:00 p.m. [due Tues,Oct 1]] 1. PUBLIC HEARING: Proposed 2013 Budget—Mark Calhoun (20 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.First Reading Proposed Ordinance for Property Tax—Mark Calhoun (15 minutes) Draft Advance Agenda 6/28/2012 3:45:29 PM Page 2 of 3 4.First Reading Proposed Ordinance Adopting 2013 Budget—Mark Calhoun (15 minutes) 5.Motion Consideration: Allocation of Funds to Outside Agencies—Mark Calhoun (20 minutes) 6.Admin Report: Advance Agenda (5 minutes) 7. Info Only: Department Reports [*estimated meeting: 80 minutes] October 16,2012, Study Session Format, 6:00 p.m. [due Mon, Oct 8] 1.Advance Agenda (5 minutes) October 23,2012,Formal Meeting Format, 6:00 p.m. [due Tues,Oct 15]] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance Proposed Property Tax—Mark Calhoun (10 minutes) 3. Second Reading Ordinance Adopting 2013 Budget—Mark Calhoun (15 minutes) 4.Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 35 minutes] October 30,2012, Study Session Format,6:00 p.m. [due Mon, Oct 22] 1.Advance Agenda (5 minutes) OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Bidding Contracts(SVMC 3.—bidding exceptions) Budget Amendment,2012 Centennial Trail Agreement City Hall Renovation Code Text Amendments(Permitted Use Matrix) Comprehensive Plan Process Contracts,Annual Renewals,histories,etc. Decant Discussion Emergency Management Interlocal Future Acquisition Areas Greenacres Trail Grant Investment Accounts Lodging Tax Funding Manufactured Homes Pedestrian/Bicycle Grant Program Planning Commission Rules of Procedure Prosecution Services Revenue Policy,Cost Recovery Speed Limits(overall system) Spokane Valley Municipal Code 8.25.025(F) Stormwater Projects Truck Parking in Residential Areas Ordinance *time for public or council comments not included Draft Advance Agenda 6/28/2012 3:45:29 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: 2012 Street Preservation Projects Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: March 27, 2012 council approved the Pavement Management Plan Update for 2011; April 10, 2012 council approved $2.8 million dollars for street preservation projects in 2012; May 15, 2012 Admin Report on status of the 2012 Street Preservation Projects; June 12, 2012 Admin Report on 2012 Street Preservation Projects Update. BACKGROUND: Council approved the Pavement Management Plan Update for 2011 which included a list of recommended street preservation projects for 2012. Council also approved $2.8 million to pay for street preservation projects in 2012. Below is an update on the different projects associated with this year's projects. The 2012 Street Preservation Project — Phase 1: Includes asphalt pavement patching and overlay work on 1) Vista Road — Mission to Nora; 2) 4th Ave — Dishman Mica to Farr; and 3) Dishman-Mica Road — 16th to Schafer. Bids were opened on June 1st, and Council awarded the project to the lowest responsible bidder, Spokane Rock Products, Inc. on June 12th for $630,799.53. The project is tentatively scheduled to start on July 16th The 2012 Street Preservation Project — Phase 2: Includes asphalt pavement patching and overlay work on 1) Fancher Road — Sprague to Broadway; 2) Argonne Road — Indiana Ave to Montgomery; 3) University — Sprague Ave to Main; and 4) Mission — Union to Pines. Staff is preparing plans and contract documents for a bid advertisement on Friday, July 13th and bid opening on July 27th Evergreen Road Project (16th to 32nd and 32nd Avenue from east of Hwy 27 to Best Road): Began construction on June 21st and is scheduled to be completed by the last week of August University Road Project (4th to 16th): Poe Asphalt began this project and installed ITS conduit, made ADA sidewalk ramp upgrades and ground the pavement at the curb in preparation for an asphalt overlay. The final overlay work has gone to bid under the city's Small Works Roster process for the final asphalt overlay. The bid opening is scheduled for July 9th and work is anticipated to begin the last week of July or first week of August. The additional work Poe Asphalt completed on Appleway Avenue and various other smaller projects concluded the preservation component of Poe's maintenance contract. Sprague Ave Resurfacing — Park to Vista: This project will be bid with the Sprague Ave Swale Project, which is currently scheduled to go to bid on August 17th. The bid opening is scheduled for August 31st and the bid award on September 4th. OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only. BUDGET/FINANCIAL IMPACTS: Council approved $2.8 million dollars for street preservation projects in 2012. Below is the summary of proposed expenditures and estimates to date. These estimates are preliminary and subject to change based on final construction quantities and as designs are finalized and bid. Project(Bids Completed) Est. Expenditures Phase 1 $723,880 Evergreen Rd (16th to 32nd) $106,402 Subtotal $830,282 Project(To be Bid) Est. Expenditures Phase 2 $966,718 University Road (4th to 16th) $343,730 Sprague Ave (Park to Thierman) $623,338 Subtotal $1,933,786 Grand Total $2,764,068 STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer ATTACHMENTS: