2006, 02-28 Regular Meeting
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~
AcrNnA
SPOK.4-NF VAT.l.F,Y Cl'I'1' COUtiCIL
SPECIAL NfI:ETIN(:
Council NtcrNng #86
Tuesdny. F'ebruary 28. 2006 6:(}0 p.m.
CTTY FIAL.I. 4T REDWOOD PI..AZ:~
11707 East Spraguc Avenut. Ferst Fluor
Council Etequcstg All Ticrtronic t.levicrs bc Turncd nff nuring Council fltceting
CALL TO OltUER
[NV(?i.:ATIUN: I'aMor Stan tTudson. Spokxne Vnllev Achentist Chtirch
PLEnGE QF ALLEGIANCI--
ROLL CAL[.
APPROVAl, OF A(:F:NDA
LNTRODUCTIC?V OF SYEC'LAL GUF
STti _1NU PRESENTA7'lOtiti
C()1Vf,tiiTi'TFE. I30r1.RI). LI_11S()N C[TN1N1AR1' REE'OkTS
NIAVOR'S REPORT:
PUBl.IC CQMIMEN1'S Exczpt NN herr indicated bclow t~lr "public comment" thiq i> an orpoRUrtit) iior
the public ta speulf Lin an}' tupic. When you came to thc ptxiium, plcssc stntc your numc nnd add1v5S f'or
thc rccord and limit rcmarks lo tluec minutes.
1 . C'ONSEN'I' AGENUA Cansisis of ilemti cuw:idercd rctiulinc which 717t i(1prrti\'t'C1 as agrrup.
C'ounrilrnemhcr may removz an item from thc c'nnwnt Aeenda ct, hc
a. Following clui.m vouchcrs_
~ VOUCHEK L1ST DATE V()L?C:IiL:R «s TOT:1[, VOU('lll:R I
, AM(7UNT i
I I'ehrugry 10. 2006 8575-8617 S 162,993.85 ;
Frbrusry 15, ?OOb 8618-8654 $609,354.31
f (ilt AND TOTAL $772.348.1 6
b. Payroll for Pay Period F.:nJing Fcbruary 15, ?OO6: $ I46,775.49
c. Approval af Minutes of Febniury 9, Z006 Special Council A4eeting
cf, Approv;3) o1 .M1f1tII25 ofFehntan 14. 2006 Regulnr CouneilMeeting
YF,1Y BUSllVESS
Sccond Rwding Prupusrd Ordilwnu. 06-002, Atnending :1irFturt Uvcrlay Zanc - Marina SukuP
(publir cummrnt)
3. Firxt Reading Proposcd (Trdinance 06-003 Amending Ccrwin ScxEianS Nnrnbcred iq of thc intcri m
Zoning Rcgulations - Mikc Connclly (public commeatj
-l. Pirst Rcading Propasrd Ordinancc 06-004 Amcnding SVAt(_' yuisancc Requirtments tiect<<7n5 -
11iF;e ('orinrllv (puhlic rnmmratl
I ue..~l ~r_..i_~~_2R-it~ tZcg1:l,., rrlin: _
, . _ : i 1
i. First Kcading Proposcd Ordinancc 06•005 AmCnding SYMC C'ode ('(+inpli~~n,:e Sect,ol►ti
Mike Cnnnelly (public comment)
t,. Motion Considcration: Spokanc C'ounty Scrvicc Agrccments - h'(orvn Koudcika [pahlic comment]
P1IBLIC CUNINIFIlV'1't Lxcrpt where indicalc~;! <:ftu%r t<,t "public romment" rlii5 i; :u u~~~rc~rtuttitlE~~r
the public to spettk on any topic. When you come ttii the rodium, rlease state vour name and iddress for
the record and limit remnrks to three minutcs.
:1DMLtiI5TRATiVE REPORTS:
7. Siatc of the Couri Repott - Judgc Yadclen & ludgc (}err
8. Uraft Envimnmr.rital Impact Statement for the Spakanr Reginnnl Light Rail Yroject Neil hersten,
Stt-ve Worley, Grcg McCormick
9. Propo,"l tu Amcnded 2006 Transportation Improvemenl Plan- StevC WoIICti'
I!l. Cudc L'ounpliancr Rcport - Chris IIcroilt Schult7.,~Com Scholtens
LtiFURAlATIOti ONLY: (Tljese uents will nuc bt! cliN cio secl or re}x~rtell up<,ii.J
1 l Q4partmcnt~il Monthly Rcpwrts
l?. Hazttrd lnvcntory 4nnlysis t;rxfatr
I?. NPDFS Pha.sc [l 141cmn
14. Spokane C.ounty Lit►rar-v i)i:trict Januarti _N1Ih Rc, t>>i
15. PinevlManSFcid CurriJor Congestiun Rc:lir.f ['rojcct ilpd.,tz-
AD.T4iJRh'MEN'T'
1-L-711RE S('IILDI'I_G'
Regulur Cuuncil i1ttctings wc gcntrQlly bclJ Ind uird 4Tuevduy.s, hcbdnning ut G: 00 p. tir,
Cuuncll Sturlp Sesxlnns nre generally htld 1", unJ Stlr 1'uesdays, brginnrng at 6: DO p. m
01hci Tentdtiiw Cjncominr Alectinrs/E«ents:
'i'hursday, tiiarch 9, C~:QQ p.tn. Specinl Coancil htecting C'c~ue~,_~I, 1'1'I31.T(' ([F_'_UZ1NG uu t_~~.>>>~~ ('lari
1'uesday. Mncrli 21, 2006. 6p.m. Spccial Council Mcrtiu",
Thurs:i:iv. tifarclt'_Z. 1-006, C>:UO p.11t. tinccia! ('+)i.tr:c;l \1t,~6111;
`,O I IC I: 1rnl1 -:iJu:1h plitlu:Ill}; IU 111L[:ls (:j C t.1tC.1371: ~►t:n r:yuinc :~r:ci:►1 ~ui~icuice tu urL41nu:ra!:~cc ph)stcal. h.arin•: (ir nalics I
imnlurmrntH. plcasc cantar! !he City Clc:l: ,it 1509) 921-I(N1) as ~:HII7 SY (7USS1NtC y0 Ihm HIT1f1}?G'11C7ItS ffidV F?C Ti;i-dc.
(-..:nril.t_•~:r.ln~l'-~~i-it.I?r~i:la: h~:.';:i~
i
CITY OF SPOKANE VALLEY
Request for Council Action Meeting Date: 02-28-06 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business [I new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislafion
AGENDA ITEM TITLE: Approwi1 of the Fnllow ing Vouchers:
BACKGROUND:
VOiJCHJ:R LTST DATE ~ VOUCHF-Et #s I TOTA1., VOUCHMR AMOUNT ~
February 10, 2006 ~ 8575-8617 ~ $162;993.85 ~
FeUruary 15, 2006 ~ 8618-8654 ~ $609,354.31 ~
~
G.Rr11\'U'1'OTAL $772,348.16
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Mary Baslington ATTACHMENTS Voucher Lists
vchlist VoUCher LiSt Page: 1
0211012006 10:58:03AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
8575 2l9/2006 001013 SKREC, C/O DEBBIE CROWDEFt SKREC - McCorrnick REGISTRATION 50.00
Total: 50.00
8576 2l1012006 000921 A TO Z RENTAIS 39573 44896 CENTERPLACE EQUIPMENT REN7, 30.38
Totai : 30.38
8577 2110/2006 000150 ALLIED FIRE & SECURITY 215854 DOMESTIC KEYS 51.11
Total : 51.11
8578 2/1012006 000030 AVIS7A UTILITIES 090091047 CEN7ERPLACE U7ILITY CHARGES 7,169.11
Tota I : 7,169.11
8579 2/10/2006 000918 BI.UE RIBBON LINEN SUPI'LY, INC. 8690089 • CEN7ERPlACE LINENS SEFtVICE 120.26
Total : 120.26
8580 2/10J2006 000907 BUILDING MAINTENANCE SUPPLY 18738D Credit OVERPAYMENI' -153.81
189981) Credit OVERPAYMENT -42•59
22621 aoBOB CP JANITORIAL SUPPLIES 34•11
24056 40885 CP JANITORIAL SUPPLIES 97•02
' 24308 40865 CP JANITORIAL SUPPLIES 51.74
25406 40897 C(' JANITORIAL SUPPLIES 81.13
25658 40909 OPERA7ING SUPPLiES 431.33
Total : 508.93
8581 2110/2006 001014 BURNS-HART, PATRICIA 2/6106 TBH Reimb. REIMB. MEE7ING SUPPLIES 97.48
Total : 97.48
8582 2l10/2006 000101 CDWG WD90725 40898 PLAN7RONICS MX-150 HEAD5E7 40.19
• WH03921 409d5 MATROX MILLENNIUM G450 DUAL 367.84
Total : 408.03
8583 - 2/10/2006 000606 COLUMBIA FIBEi2 SOLU710NS 3856 2l6/06 DARK FIBER LEASE 32.55
Total : 32.55
8584 211012006 000235 DAYA BASE 24549 DOCUPAENT SHREDDfNG SERVICE 30.00
Total : 30.00
. le. 1
vchlist ` Voucner List Pase. 2
02/1012006 10:58:03AM Spokane Valley . .
Bank code : apaank
Voucher Date Vendor Invoicc PO # Qescription/Account Amount
8585 211012006 000152 DEPARTMEN7 OF TRANSPORTATION RE-313-AT860117077 SIGNAL & ILLUMINATION MAIN7. 6,613.03
RE-313-ATB60117078 STATE ROUTE ROADWAY MAIPiT. 1,998.56
Total : 8,611.59
8586 2/10/2006 000693 DEPT 0F {NFORMAT10Pf SERVICES, ST< 2006010230 40876 - STATE IT SERVICES & AUTO CAD F 3,162.04
Total : 3,162.04
8587 211012006 000278 DRISKELL, CARY ' 2/3106 CD Reimb. , REIMB. MILEACE 56.97
Total : 56.97
8588 2/10/2006 000858 FOOD EQUIPMENT INTL, INC. 41206 CEN7ERPLACE KITCHEN SUPPLIE: 273.66
40835
4196 40910 CEN7ERPLACE OPERATING SUPPI 331.55
Total : 605.21
8589 211012006 000505 H& H FINANCIAL SERVICES INC. 531 COPIER LEASE PAYMENT 201.79
532 COPIER LEASE PAYMENT 233.28
. 533 COPIER LEASE PAYMENT 307.06
534 COPIER LEASE PAYMENT 412.34
Total : 1,154.43
8590 2/1012006 000715 HSBC BUSINESS SOLUTIONS 7003-7311-0004-9347 KARI KURTZ CAKE • 14.99
Total : 14.99
8591 2/1012006 000070 INLAND POWEf2 AND LIGHT CO 94202-002 STREET LIGHTING POWER CWARC 34.26
94202-003 STFtEET LIGHTING POWER CHARG 53.27
94202-005 STREE7 LIGF-ITING POWER CHARG 117.03
94202-006 STREET LIGFITWG POWER Ci-IA{2E 160.00
. Total : 384.56
8592 2/1012006 000117 JOURtJAL NEWS f'UBLISFiING INC. 27189 ADVERTISING 63.55
27193 ADVERTISING 39.75
27194 ADVERTI S I NG 25.00
" Total : 128.30
8593 2110J2006 000755 LEAGUE OF OREGON CI71ES 3300 ADVERTISING 25.00
Total : 25.00
Page: 2
vchlist - Voucher List Pa9e: 3
0211012006 10:58:03AM Spokane Valley
Bank code : apbank
Voucher Date Vendor ' Invoice • PO # DescriptionlAccount Amount
8594 2110/2006 000073 MC CORMICK, GREG 2l9l06 GM Reimb. REIMB. MILEAGE 29.82
Total : 29.62
8595 2/1012006 000033 MCPC, INC. 4873435 40912 OPERATING SUPPLIES 817.54
Total : 817.54
8596 2/1012006 000258 MICROFLEX INC. 00016154 TAX AUDIT PROGRAM 251.69
Total : 251.69
8597 2/1012006 000013 NEOPOST, INC. 11333340 . RATE CHANGE FOR SCALE 188.80
Total : 188.80
8598 2J10/2006 000239 NORTHWEST BUSINESS STAMP INC. 57459 40914 NAME PI.A7ES AND STAMPS 126.95
40914
Total : 126.95
8599 2/1012006 000193 NORTHWESI' CHRISTIAN SCMOOL INC March 2006 rent MARCM 2006 RENT 24,446.07
Total : 24,446.07
8600 2170f2006 000652 OFFICE DEPOT INC. 323511081-001 40899 OFFICE SUPPLIES . 881.51
' 40899
40899
323511086-001 40899 OFFICE SUPPLIES 108.57
' Total : 990.08
8601 2/1012006 000899 ONEEIGHTY NETWORKS 512596 T1 CIRCUIT CHARGES 825•75
Total : • 825.75
8602 2110/2006 000453 PERCY'S CAFE AMERICANA Percy's 2!6/06 MEETING SUPPLIES 371.55
Total : 371.55
8603 2/10/2006 000119 PIP PRINTING INC. 1330033048 40900 BUSINE5S CARDS 118.54
. Total : 118.54
8604 2/10/2006 000929 PRO HEATING & AIR CONDI"fIQNING 7388 40775 GRILI OVER FANS 1N GREENHOU: 774.69
Total : 774.69
8605 2110/2006 000494 PRO PEOPLE S7AFFING SERV iNC. 9,429 TEMPORAF2Y EMPLOYMENT SERVI 442.24
3
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vchlist Vo cner List Page: 4
0211012006 10:58:03AM Spokane Valley
Bank code: aRbank
Voucher Date Vendor Invoicc PO # DescriptionlAccount Amount
8605 2/10!2006 000494 PRO PEOPLE STAFFING SERV INC. (Cantinued)
9,638 TEMPORARY EMPLOYMEN7 SERVI . 1,022.68
Total : 1,464.92
8606 2/10/2006 000019 PURRFEC7 LOGOS, INC. 15282 40869 PARKS OPERA7ING SUPPLIES 158.24
. . Total : 156.24
8607 2/1012006 000024 RESOURCE COMPUTIPlG INC. 35997 IT SUPPORT/SERVER MAINTENANi 3,227.88
Total : 3,227.88
8608 2/10/2006 000415 ROSAUERS U-CIlY INC. 545489 COUNCIL MEETING SUPPLIES 61.81
• Total : 61.81
8609 2/1012006 000709 SENSKE LAWN & TREE CARE INC. 1266860 MONTWLY CONI'RACT BILLING 48,777.97
1297623 CENT.TRAIL MONTHLY CONTRAC7 1,898.75
Total : 50,676.72
8610 2l10/2006 OOd935 SERVICE !'APER COMPANY 30362794 40790 CENTERPLACE OPERATING SUPPI 69.75
. 30363077 40901 CEN7ERPLACE JANITORIAL SUPPI 229.67
Total: 299.42 •
8811 2/10/2006 000001 SPOKANE COUNTY TREASURER 1/27/2006 County COUNTY CON7RACT PAYMENTS 28,545.53
Total : 28, 545.53
8612 2M012006 000668 SPOKANE COUNTY TREASURER, LINDA 45101.9067 Psrcel UTILITY IMPROV. DST. ASSESSMEI 2,440.71
45101.9068 I'arcel UT1LIlY IMPROV. DS7. ASSESSMEI 844.48
Total : 3,285.19
8613 2/10/2006 000773 STUDIO CASCADE, INC. 998 7EMPORARY EMPLOYMENT SERVi 1,320.00
Total : 1,320.00
8614 2/10/2006 000167 VERA WAl'ER & POWER 0001-031971.02 STREET LIGH7ING POWER CNARC 85.00
0001-032805.00 STREE'i' LIGHTING POWEWWA'f EF 19.48
0002-001425.01 STREET LIGHTING POWER CHARC 164.98
0010-003488.01 STREET LIGM7ING POWER 120.40
0011-010825.01 STREE'f LIGHTINGPOWERNVATEF 35.41
' 0012-004137.02 STREE'f' LIGFITING POWkR/WATEF 35.56
0013-032589.01 STREET LIGHTING POWERNVATEF 71.54
' Page: 4
vchlist Voucher List Page: 5
0211012006 10:58:03AM Spokane Valley
Bank code : apbank
Voucher Date Vendor 'Invoice PO # DescriptionlAccount Amount
8614 2/1012006 000167 VERA WATER 8, POWER (Cantinued) •
0014004275.01 S7REE7 LIGHTING POWER/WATEF 23.74
0014032971.00 STREET LIGHTING POWER CHARC 46.69
0016-007780.00 STREE7 LIGH7ING POWER/WATEF 20.45
0018-031941.01 STREET LIGHTING POWER CHARC 51.54
0018-032752.00 STREET LIGHTING POWERIWATEF 18.68
0030-031942.01 S7REET LIGHTING POWER CHARC ' 52.71
0099-000005.00 STREET LIGHTING i'OWER CHARC 1,714.40
Tota I : 2,460.58
8615 2/10/2006 000964 VOLT 13951864 TEMPORARY EMPLOYMENT SERVI 396.00
Total : 396.00
8616 2/10/2006 000038 WASTE MANAGEMENT OF SPOKANE 0031680-2681-7 WASTE DfSPOSAL SERVICE 120.08
1663932-2681-5 WASTE DISPOSAI. SERVICE 314.95
Total : 435.03
8617 2l10(2006 000980 WESTERN SYSTEMS 10000972 44863 SIGNAL CONTROLLER• CON7RACl 19,082.11
Total : 19,082.11
43 Vouchers for bank code : apbank Bank total : 162,993.85
43 Vouchers in tfiis report Tota1 vouchers : 162,993.85
I, tho undersigned, do certity,under penaliy af perjury,
that the materials have been furnished, the services
rendered, or the labor perfom►ed as descnbed herein
and that the claim is just, due and an unpaid obligaUon against the City of SpoRane Valley, and tfiat I am authorized to authenticate and ceRify to said claim.
Finance D(rector Date -
::Ic: 5
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i r
vchlist lfoucher Lis# Page, 1
02f'1512006 2:24:48PM Spokane llalley
aank code : ap!]ank Voucher Date Vendor Invoice PO # DescriptionlAccount Amnun#
8618 211012006 0011315 WHITWOF2TH COLLEGE 211 OlOG Mtjnson MCMOF{RIS' FLiNdIAlC, VUORKSHOF 10.00
1'o#al:14_40
8619 ?J1412006 047007 I-lEDLUND, JER0ME ANa DONNA 2110lOG ROVti1 syvale PLIRCHASE BARKER RD. ROW 5W 20,946.00
Total: 20,946.00
8627 Zl75)2006 000648 ABADAN REF'ROGRApMICS & IMACING 8D537 SPECB & PLANSIBROADWAY AVE, 476.59
Total = 476.59
8628 ?l7512006 000030 AVISTA UTILITIES 410068444 STREET LIGH71FlGfSIGNAL POWEF 19,566.49
, 7`ota! = 19,566.49.
8629 ZJ15l2006 0009i8 BLUE Fi16BON LINEN SUPPLY, INC. 8692029 CENTERPLACE t-INENS SERVICE 116.75
Total : 716.75
86313 211512406 000840 CLAR1f, AAkRQN 2!$106 AC Reimb_ REIM B. STO F2MWATER SUPPLJES 32,90
Total : 32.90
8631 211512006 0001D9 CQFFEE SYSTEM$ INC 3766'i COFFEE $ TEA SIJP PLIES . 170_68
To#ai : 17168
8$32 211512006 000171 GEIC,ER CORRECTIOhlS CENTER iJ06 Geiger Correct PW WORK CR EUV BILL 413.56
To#al - 413.56
8633 2}l5J200E 4D1016 INSTITUTE OF Tf2ANS P0RTATfOPf, ENGI ITE ZO06 Dues 32572 INCA NOTE MEf1+li3ERSHIR D11ES 27; .Op
Total: 275_04
. 8634 2175f200Q 000197 JOURNAL NEVlS PUBLISHING INC. 27223 ADVERTISING 42.00
Total: 42_00 8635 211512006 000033 MCPC, INC, 4874E52 41)9Z3 OFFICE AND kCITC NEN SUPPLIES 290_10
. Tatal = 254.10
8638 2115120D6 000132 AriODERN ELECTRlC WATER COfNPANY Nov{)3 STR EET LI0 HTING P OWERlWATEF 7,762.33
Total = 7,762.33
8637 211512006 000283 NATiONaL RECREariaN & P,aRK, AsSo. e4713 for zoos 2006 NRpA MEMBERSHiP 145,ao
Pagc; I
vchlist Voucher List Page: 2
0211512006 2:24:48PM Spokane Valley
Bank codo : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
8637 2/15/2006 000283 000283 NATIONAL RECREATION & PARK, A(Continued) Total : 145.00
8638 2/15/2006 000652 OFFICE DEPOT INC. 324251904001 OFFICE SUPPLIES -52.09
324251906-001 OFFICE SUPPLIES 42.96
324436928-001 40915 OFFICE SUPPLIES 422.29
' 324436929-001 40915 OFFICE SUI'PLIES 58.73
324925534-001 40925 OFFICE SUPPLIES 546.56
40925
. 324925535-001 40925 OFFICE SUPPLIES 7.83
324940050-001 OFFICE SUPPLIES 122.67
325080188-001 44915 OFFICE SUPPLIES 64.65
Total : 1,233.60
8639 2/15/2006 000307 OFFICE OF THE STATE TREASUREi2 01/06 State Remitt. STATE REMITI'ANCES 56,065.27
- Total : 56,065.27
8640 2l1512006 000453 PERCY'S CAFE AMERICANA Percy's 2110/06 MEETING SUPPLIES 11.45
Tota I : 11.45
8641 2115l2006 000494 PRO PEOPLE S7AFFIfVG SERV INC. 9,844 TEMPORA(2Y EMPLOYMEN7 SERVI 1,105.60
Total : 1,105.60
8642 2/15I2006 000019 I'URI2FEC7 LOGOS, IPJC. 15495 40903 CP STAFF POLO SHIR7S & NAW1E 1 171.97
Total : 171.97
8643 2/15/2006 000952 RECALL SECURE DESTRUCTION, SERV 7553704 DOCUMEIVT SHREDDING SERVICE 31.53
Total : 31.53
8644 2/15l2006 000341 RICOH CORPORA710N 06039316424 COPIER LEASE PAYMENT 246.30
06039316450 •,COPIER LEASE PAYMENT 412.30
• . 06039334727 COI'ICR LEASE PAYMENT 238.70
Total : 897.30
8645 2/15/2006 000415 ROSAUERS U-CITY INC. 630602 MEETING SUPPLIES 22.42
630612 MEETIPlG SUPPLIES 12.99
• Total : 35.41
8646 2/15/2006 000172 SPOItANE COUN7Y ENCINEER VLY0512 COUNTY ENGINEEI2ING SERVICES 473,817.71
2
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vchlist
Voucher List Page: 3
02/1512006 2:24:48PM , Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO it DcscriptionlAccount Amount
8646 2/15/2006 000172 SPOtCANE COUNTY ENGINEER (Continued)
- VLY0512 40937 COUNTY ENGINF_ERING SERVICES 16,831.47
40937
Total : 490,649.18
8647 2/15l2006 000308 SPOKANE COUNTY PROSECUTING, ATI 1106 Pros. Atty CRIME VICTIMS COMP. FUND 844.91
Tota I : 844.91
8w 2115/2006 000323 SPOKANE COUNTY UTILITIES 0316081081608 2106 SEWER CHARGES • 255.19
124433l074433 02/6 , SEWER CHARCES 78.80
Total : 333.99
8549 2115/2006 000613 THE SPOKE SMAN-REVIEW 2916468 21239 NEWSPAPER SU8SCF21P710N 43.50
Tota I : 43.50
8650 2/15f2006 000093 7HE SPOKESMAN-REVIEW INC. 42365 1I31/06 ADVERTISING 1,203.96
Total : 1,203.96
8651 2/15/2006 000676 THOMSON WEST 02062006 SUBSCRIPTION 4,554.50
Total : 4,554.50
. 8652 2/1512006 000167 VERA WATER & POWER 0004-000755.01 STREE'I' LIGHTING POWER CHARG 154.56
0005-016348.01 S7REE-7 LIGHTING PQWER CHARC 55.46
0006-033021.00 STREET LICHTIPJG POWERJWATEF 19.60
Total : 229.62
8653 2115/2006 000964 VOLT 13974637 'I'EMf'ORARY ENiPLOYhAENT SERVI 198.00
Total : 198.00
8654 211512006 0000$9 XO COfv1MUNICATIONS, INC. 0205081954 TELEPtiONE SERVICE 1,497.12
Total : 1,497.12
30 Vouchers for bank code : apbank Bank total : 609,354.31
30 Vouchers in this report Total vouchers : 609,354.31
. Page: 3
vchlist ' VoUCher List Page: 4
0211512006 2:24:48PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
• I, the undersfgned, do ceKi(y under penalty of penury,
tMat the matenaks have been furnished, the servioes
rendered, or the labor performed as desaibed herein
and that the Gaim is just, due and an unpaid obligation
against the City of Spokane Valley, And thai 1 am .
authorized to authentica[e and certify t0 sald Claim.
F'inance Director Date
4
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CITY OF SPOKANE VALLEY
; Request for Council Action
Meeting Date: 02-28-06 City Manager Sign-off:
Item: Check ali that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE :
Payroll for Period Ending February 15, 2006
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
-
,
' OPTIONS:
- RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS: Gross: $132,167.51 Benefits: t 14,608.48
TOTAL PAYROLL: $146,775.99 STAFF CONTACT: Jason Faulkner
ATTAC H IVI E N TS
Dr1ft
, ~lTTNIJTGS
City of Spokane Valley
City Council Special Meeting
City Hall, 2"d Floar Conference Room
Thursclay, Febru:ti•y 9, 200G; 6:00 p.m. -
Mayor 1Vilhite called the meeting to o►-der at 6:05 p.m.
Altenduiice: City Slaff.•
i7iana.1'Jilhite, Mayor Dave Mercier, City Manager
Steve Taytar, Deputy vlayor Nina Regor, Deputy City Manager , .
Bill Gothmann, Councilmember Niike Connelly, City A[tomey
Niike DeVleming, Councilmember Greg McCormick, Planning Manager
Rich Munson, Councilmember Mike Basinger, tlssor.iate Planner
Gary Schimmcls, Councilmember Carolbelle 13ranch, Public Tnt'ormation Officer
Chris F3ainbriclge, Cily Clerk
Absent:
Dick Denenny, Councilrnember Others in Attendance:
Qne Citizcn: Gail St.iltner
City Clerk T3ainbriclse called roll; all Councilmembers present except Councilmember Denenny. It tivas
nroved hy Deputy Mtryor TuJjlor•, secondecl, antl unafrintously npproved to ercuse Cowrcibnember
Det7enny ftam tariight's ir:eetirig.
ECON0I-RC DFVFT.,QPiV1FNT Councilmember UeVleming mentioned that at the Fcbruary 7, 2006,
meeting, he expresse.d ccmcern about inclucli.ng customer service in the goals and policies and at that .
meeting, he indicaced he Would draft proposed language addressing that issue. CoLmcilmember
DeVleming said he ari.crnptcd to t:ake the polieies and it them into an existing goal, but as hc was unable
td come up with an appropriate fit, he drafted the fiollowins new goal and policies for council review:
T'DG-S: Encourage the creation and maintenance of a City F-iall that places a premium
on being "Busincss Friendly" and "CusCOmer Service" oriented.
E171'-8.1: Nlaintain an openness and willingness wichin city government to pariodically
evaluating pmgrams, procedures, processes and all other opportunities of rcachin- this
goaL . .
E17P-8.2: Regulations and rules within City Hall should reflect the communitie,s need
f'or timely and eonsistent responses from city staff:
City Manager Nicreier also disGributed copies of "City of Spokane Vallcy Values," eammenting on the
imporcance of cammunicati.ng t:llat the statements of intent are ineluded in Council's previously adopted
core values; and that rather than re-slale Chose eore values here among the goals, that perhaps a parabraph
expanding the values statement could be inserted in the Incracluction portion of the Comprehensive Plan.
After discussion eoncerning values, goals, policies, and the term "business frienclly," there was Cbca?cil
conserrsr.rs to include the Ciry ofSpokaute I,'crlley vahues irtta the ConrprelzeiTSive Flun's inn•oduclion.
There followed addicional discussion On Councilrnember DeVleming's sug,gested goal and policies,
including the best place to place such a goal; suogest:ed verbiabe changes; the desire to have reaulations
that perioctically evaluaCe work performed in all areas; and the ictea oF having an over-arching goal
concerning the customer servicc pro; ram. It ivas.Council consens7ts to udcl cnr adtlitional litte on ton of
ti>>lrat was sugge,rted by City Munager Mef•cier jr•om the valtre statemerlt, to be placecl in t{iat ndded
' 1T711'UCILlCIlO)1 Of Chapter one, to ,ctate us follows: " A City gal~errlirrent that puls upremium on providirig
. effective customer service. .The City gover•nirlent wrll periodically evaluaie progrums, policies, processes
and v1her opportrniitie,s nf reac6ring the customer service goal.
Couneil Mceting Minutes: 02-09-2006 Pagz 1 of 5
Anproved by CounciL
Draft
Eton.omEC Develoam ent, narXa#ive: The Following changes were a8 ed tipon by G'ouncrl consensas:
Page 1[} - delete the I ast paragraph as IN -IT-C no Conger exists. -
Smff Eore-wriu;~ "73 Strengths & Wcalcncsses" as fnllows; `
1. Omit the Iitaiiy of #he organiza#ians, and re-write ta s#ate the sentime3x# that we have rrrany
businesses and organiaations focused on thc pfospcrity of SpokarLc Va!]ey
2. page 12, delete the paragraph beginning with the third paragraph "°I`he A~A Business"
through "d including thc end o#-the strengths,
3, page 11, leLive in the Er]C reR~rence but t{tke out who they work with
4, top of page 1 1-SBDC 5110L1ld a150 be Spe II ed OIIT as #he SmaEl Business I3evelapment Centee
5, top of pabe 11 - change to read: "'T'he SBDC; {S malj Business L7evelopment Center} is a
coapc~rativr~, cffort of Was Etington S tafir~ Univcrsify, ~ , ,
and the TJ S ~mall Business Adinin istratioi3_" .
7.3.1 Strengtbs
C;ounci[member DeVleming noted t6at a smengi:h not mentioneci is iiie amount af volunteerism in ouF
coinmunity, sucl3 as SCOPE., rnembers of the faith-based community, etc_ Council will work to draft
sometlling #o include that suggestion, .
7.3.2 VYcalciiesscs
Page 13, 2"d paeagrapli, 2°d sentence, cliange to read: °`F•• To be successful tndav, retail developmcnt
musl' be c:lean, well lit, landsc:zi pecl xncl aitrdctive, with convenient parking 1~n--h- e-s--lssess~r4. i
Pg 13, dele#e next ta 1ast paragraph: `°The Ceve1 ofcommitinent of agencies .
7.4 SpragUe/A.Ppl@iYay ECOnOm1C A.naly815
Discussion C~onc~eening if lhe lzist paragrqh is a summary of the findings of the charret[e, as tha# is no#
c[early in dicated, Mr. McCannick wi1[ checEc aii d if pa3t of the charrerte, lie will add a lina prior to the
lsst paragraph; stating that "According to the results of the study," or similar vertbiagiz~. Ifi the las#
paragraph is part of the charrette. staff wili inake the fwo paragraplis in#o ane paragraph. If #he iast paragraph LS aS $ YC541If Of th$ St44dy, staff will kidd that linc as ekke firse lino oI' ehe sccond pzirxgrsph,
7.6 G oals & 1'olicies: - ,
3`d sentence; change ta i-ead: --lt is in the best in#erest of the City of Spakane VaIley,to supper-t aii~.
collabafate w;ch these regional organixacions,°'
-f-RANS1?OR'X'A.l'1-ON CHAPTER FDX.C'S: As no# al[ councilmembers hHd art opportuai#y to review the chmiges, this will be braught back for
discussion at the next review, tli eeeby givi.n g Councilmembers the opportuil ity to %~view the chapter to
e nsure the chaȢes are as council intended_
NATURAL r.~ONTv.MiNz';
Page 9- Staff will amend the "°Note ta lleader" veebiage ta incfude that these are the goals and policies o.f
tlie City's interim slioreline program, adap#ed by tlie C:ounty in 1974 {checEc what year), and wil] be
eevised and replaced; and ko add similar vetbiage in $A Slioreline iMsster Pto,grarii verbiage.
, 8.5 Air Ou31i":- Ch#4nn CO $.4
8.4 Shoreline IVraster 1'rneram - change to 8_5
Caunci] hficcting Minutcs: 02-09-2006 Pagr- 2 of 5
,4ppfnved hy Cnurrcil-.
Draft
Paee 27 -Goals & Folicies Cowicil consensas to change the following goals and policies:
. . NTFG-1: delete "Spokane Valley will"
NEG-2: delete "Spakane Valley Nvill"
. NEG-3: delete "Spokane Valley will"
. NEG 4: add parenthesis: for in KC1V 36.70A.370 (Gv1A)." .
NEG 7: Change to read: "Encourage the protection and enhancement of wetlands."
\'F.G 8: ]acputy Mayor Taylor indicated hc is i1ot comfortable with the second half if not required by law.
Attorney Connelly will reseau-ch the statutes regarding the second piut of the senlenc;e, and the word
"ensure." Tf not required by statute, Council consensus to delctc the rest of the sentencc after ihe word
"activities."
NEP 8.1: Delete and renumber remiiinder policies.
NEY S.4: 17elete the first sencence. NEl' 8.5: Substit:ute che word "will" in place of t.he worcl "shall."
NEP 8.6: "Density trAnsfers" should be added to the glossvy.
NrF.P 8.8: Attorney Connelly will research a goocl worcl to qualify xhe wildlif.'e habitat corridor, such as
"recagnized, documented" or simiiar verbiage.
Mayor Wilhite called for a shoit recess at 7: 50 p.m. fuid reconvened die meeting at 7:55 p.m. -
Aauifer/Grounclwater
NEC -9: Chan~e io reacl: "St.rive to preveot water ciuiility.
NT:.G -10: Chan-
ge to read: `Tndeavor to proteet grounclwatcr
iVEP 10.1: Chimge to read: "Par1ieipat'e in cooperative surface and groundwater management efforts with
other a1'fected jurisctietions in ilae pokafte e; Gity-<j€-Ji~ieny
balia, e-ani-I4eafenai-Geunty.
N):P 102: Change t.o rcAid: "Slrive to retain iloodplains ancl associatecl wet,lands i.n its as nahiral a
condition~s-~essi-ble da ' b; '
Fish c4z `Vildlife
NEG-I 1: Change to read: "Strive to presenre, protect, and enhance fish and wildlife habitat.
NEG-12: Ctiange to read: "Strive to minimize ihe impacC on priority speeies cEe-eerbesafne4nffer+4ed
dE:e-1:o-4anEj-l:se-ohanCes= frorn habiEat ~~ltern~~tion a.nd other human activieies. [Add "priority species" to
the glossiiry.] '
12.2: Change to read "Strive to preserve and enhance native vegetation in riparian
habitats."
Council Mccting Npfinutcs: 02-09-2006 Paoe 3 of 5
Approved by Council: .
Drsft
12.4: Change to read: "Foster the protection of wildlife corridors in publicly owned open space..."
12.5: Delete the second sentence. 12.6: Omit the last two wortls "whenever possible."
12.7: Change the word "shall" to the wrorcl "will."
N'lood Arcas -
NEG-13: Change to read: "Work to identify watershed characteristies..
NF,G-14: Cliange to rEad: "Assist in the managcment of frequently flooded areas
N~P 14.1: Chan3e Co read: "Frequently flooded areas,-ancf marshes, • hould be
used its forest, wildlife habitat, open space, recreatinn and other appropriate uscs whenever practical."
NE1' 14.2: Change to rcad: "Require the maintenance, protection or restoration of natural drainage
systems."
\TEP 14.3: Change "where possible" to "where appropriate."
Geolot!icallv $xzardous Arcas
NEY 16.1: Change to read: "Lirnit clearing and grading activities in geologiealJy hazardous areas te-the e-itent pessib4e."
NEP 16.3: Change "whenever possible" to "whenever appropriate."
Surfacc Watcr NEG-17: Change to read: "T'ncourage the continued provision of bo1:h aciequate quantity and quality of
surface waCer for Spokane Valley." Cfix the gap beeween the words "quantity" snd "antl."] NEG-19: Change to read: "Collaborate with appropriatc public and private entities to help restore the
water quality of the Spokane River."
Air Ou9litv
NLG-20 - Support regional efforts to improve aie quality. (i'ormerly 20.3)
NEP 20.1: Delete the nhrase "as alternatives to the single occupancy vehicle."
NEP 20.3: i?elete and renwnber the remainder policies.
NEP 20.4 Change to read: "Assist in the promotion of public eclucation to increase ttle levcl
IdEP 20.5: Remove the word "all."
It was also mentioned that Map 8.6, S}loreline Program will be updated.
It ti++a.c Council corrsefzs us to add "cap and repluce " to the Glossary.
Counci! N-feeting 19inutes: 02-09-2005 PNge d of
Approved by Council: •
rlraft R ,,vss recapped tha# #he next comp plan delEberatian wi11 include the ohanged. (striCce-throtigh) .
1'ransporuLl'iort Chapter, Lcoiyomic Developmeot and Nafurfll Eiivironnient m discussed above; and if
ti3ne peemits, 1-Iousing anc€ NTeighborhoqds.
There being no further business, tihe mcctiiig adjaurned at 9;00 p.m.
17iana W illiite; LMa}+ar
, Christine 13aiiybridge, C;ity C:lerk
~
~
' i
. I
- ~
,
C[runckl h4eekEng Mtnutcs: 02-04-2046 Page 5 of5
?.ppravcd by Council; . I
l7raft
' i~-tIN[1TES
_ . ' City of Spokane Vallcy
City Council Regulur liMeetiug
Tuesday, February 14, 2006
Mayor Wilhite called the mee[ing to order at 6:00 p.m., and welcomcd everyone to the 85 meeting.
Y oSlClff:
AllCf1CIQ11CE: . clt
Diana Wilhi2e, Mayor Dave Mereier, City Manager
Stevre Taylor; 17epuCy Ibfayor I~iina ReDor, Deputy City Mantlger
Mike DeVlemi.ng, Councilmember Cary Driskell,l7epuky City Attorney
Bill Gqthmann, Cduncil.rnember Ken `lhnmpson, Finvnce Direct:or
Gary Schimmels, Councilmember nT-u-ina Sukup, Community Development Director
Rieh Munson, Councilmember Tom Scholtens, Building Offieial
Taick Denenny, Councilmember Carolbelle 13ranch, Public Information Officer
Iviike Jaclson, l'arks & Rec Director
Neil Kersten, Public Works Tairector
Morgan Koudelka, Administrarive Analyst
Greg`Binb" Bingaman, IT Specialist
Chris Bainbridge, CiCy Clei'k
CNVUCATIUN: Pather Snyder gave the invocation.
I?LTDGE OP' ALI...EGL4NCE Ma?ror Wilhite led everyone in the I'ledge ofAlle?iance.
1ZOT ~ALL City Clerk Btiinbrid?c called roll; all Cauncilmembers ~vere present.
A:PYROVAi., OF AGENllA Il tivus moved by Cowncilnrenrber Mtnrsorr, secancled by Cotmcilnrember
DeVlenririg, rnid ununimously aj)f)roved ta uppr•ove the rrgesrda ns preseirted
INTROllUC;T.ION QT SPECIAL GUES"I'S AND PRESLiVTA'I'1:0NS
CONII~TITTEE, BUA]LD, T,TATSON SUNLN-IALtY REPORTS
Couocilmernbcr Schimmels.: stated Cha.C he attended the LighC Rail Steering Cnmmittee.meeting; the
Spvkane Rcgional Transportation Council rneeting, a meeling on solid waste, vnd the Rourxlary Review
Boarcl rncctin4 regarding Libsrty T ake's annexation issue. '
CoLulcilmember Uenennv: said that he attencled t}ie meetina on the Total Maximiam Taaily l.:oad (TN1DL),
which was briefed to Cauncil at Saturday's retrettt.
llenuiv Mavor Tavlor: explainecl tliai 1ie atiended tlie Convention Visitor's Bureau boiud mcctina where
the}' adoptect their 2006 budget; zmd niencioned that tourism promolioti applications have been submittecl to the'11'A (tnurism promotion area) commissioners.
COuncilrnemher Godim3nn: reported that he attended the Economic Outlook dinner; a flag raising
ceremqny at the Uistrict Heal[li of_fice; a cQnference whcrc round-abouts were discussed; the Governor's
Affairs Meeeing, the International '1'rade Alliance (ITA) rneetina, and last Saturday's CounciUStaff winter
retreat.
Councilmember ibfunson: s3id that he also attended the Governor's Affairs meeting regarding levry and
bond,issues coming up on the March election; the round-abouts meetiag, the Economic Uutloak meeting, .
the I"1'A Annual Meeting, which had a spe•aker who was the manager of the loc.al Kaiser E'lant who spoke
cnncerning the Kaiser plant operatinn; he altended a sub-commit[ee meeting for Spakane Transit
Authorit_y which discussed schedule changes and new busses, including bus serviee in/o Ccntcrplace; and
Council Meetine: 02-14-06 Page 1 of 5
Approved by Couneil:
Draft
he also attended the Light. IZail Com.mittee meeting where he was the only dissenting vote to go forward .
wilh light rail decision.
Councilmember DeVleming: otlicr than those meetings already mentioned, he had no further report.
'MAXOR'S RE1'ORT:
Ibtayor Wilhite reported that she aetended the Economic breakfast; she spoke to a K.iwanis meeting; and
she assisted in the kick-off for dhe rnuscular c3ystrophy's sharnrock sale.
PUB:LIC COilZIVIEi \~TS iMayor Wilhite invited public comment; no comments were offered. .
1. CUNSLNT AGE\mA Consists of items considerec! routine which are approved as agroup. A
Councilmember may removc an item from the Consent Agencla Co be considered separately.
a. Pollowiag claim vouchers:
VOUCHF.12. L1S I'llA1'E VOUCHE,K #s TOTAJ, VOUCHER
AIvIOUNT
~ January 20, 2006 I 8454-8473 ~ $100,811.56 ~
~ January 23, 2006 1 8474-8492 (-8485) $3,684.49 ~
~ 3ftmiaFy=_24; 1 54-93-8498 683442-1A ~
January 34, 2006 5499-8536 S 106,70298
C'cbruary 3, 2006 8547-8573 ~ $62,276.86
~ GFtANll TOTAL I 1 $956,978.08
b. Payroll for Pay Period rndi.ng Ja.nuary 31, 2006 of $210,180.47
c. Approval of Awarci of }3id and Authorization for City Managcr's Si;'nature on Contract
d. A.pproval of Request for Usc of Spokane Valley and CenterF'lace Logpos for Mayor's Ball -
e. Approval of Minutes of Council St:ucfy Session vleeting of January 17, 2006 _
P. Approval of Minutes of Special Council Meeting of January 23, 2006
g. Approval of Minutes of Regular Council Ivleeting of January 24, 2006
h. Approval of Minutes of Council Study Se,ssion Meeting of January 31, 2006
i--~PF6Vftl-of•- Stu<y Sesgiefl-A4ee~o d-F~T~, 7- 7,z2006
CouncilrnembEr Gothmann requestecl that Consent item li be removed to cliscuss separately;. and
Councilmember DeVlerning rcquesteci the J1nuary 24, 2006 vouclier lisc bc removed from the Cc>nsent
aaenda to be discussccl separately.
tt tiv(u moved by Councilmeiriber eYlirrrson, secvfided by Councilinember 17enerrfly, uncl rmcrriimozcsly
agreed to crpprove the remainder of the Consent agenda.
la Voucher I.,ist Januarv 24, 2006. 8493-8498. $681502.19
Councilmember DeVlcming questioned the purpose of several payables concernina enforcement of leaal
services. rinance Director Thompson explained that those were payments to the law firm tliat handled
snme of the cocle enfnrcement violalions currently in progress. It was then nioved hy Councilnieniber
DeVlenzirrg seconded by Councilmember Taylor, rnrd ununinzously agreed lo apprave the Jamurry 29, 2006 voucher lis1. •
li ADoroval of.ivtinufes of Council Studv Session Mectine of Februarv 7. 2006.
Councilmember Gothmttnn spoke concerning page rivo of the l111t1UtES, item Ivi66, as it was his understanding that M66 would be left as is. City Clerk I3ajnbridge explained she re-checked the tape
from the meeting, and that although Council wanted to see thc results of tha adclitional research, they did . ,
cnncur to leave I:hat issue a,.s it was. The sentence will be chanbecl to read: "Council consensus to leave as
is, itnd counci) can review the resulls of the adclitional research." It lvas moved by Councilntember
Council MeeTing: 02-14-06 Page 2 of 5
' Approved by Council:
Dra#t
Cr'otlznirn:n, .secorided by .T~epu~~ A~fuyor :laylor, and wianinto-usly a,greed ro apprnve the rninuies as
cJaarrged
rYEW BUS0TESS
2. S econd R eadii7~ .Prot) osed ()rdinaekce 06-001. UR=1 7nte rim 143n inlvlari11 a SukLit)
AMr C ity C [erk 'Ba inbrfdge read the ardinance title, it was rnoved by Deputy Mayor laylor and ,secorrdeaf
by C'orrncilmember ilffurr,~on, ro approve, Orclinance 06-001, Communi#y DeveEopmaiyt Dircct,or Sukup
explaimd Chat other than die two previously noterl corrections in clte rindiiigs of Fact; e_g, t]ie cori-ect
district iyuinber for Vc,a, ~incl the date, no clianges liave been madc to the ordinanoe. A!&ayor 1~l~iihite
invitesJ ptEUlic comment; no commcnts %vere oi`J'erecl. Vofe by Acclamario~~ In Tcrwor: Urtanirftous,
Opposec!: None, Absxwio:m- Nune. Mo1ion carried
^•.~r'-'~~^` .Rd3FF~!-PFOBASed G-oi RrE-111 Ea r1r~v-0 02 .6t FRe#36 k. sb.rZeniFF-NasE~e4Bja&keff .
Previousl}+ reiiinved from CFMC agenda,
4. rirst Readinc,, Prooosed Ord inance 06-003 flmendinp- Aviatinti A rea -MarinaSuktiv
After City Cierk f3a€nbridge rc~ the ordiniince ticle; it wa,s inoved by C'ottrtcilwember Mwgson and
secuncTec}, to.acfvarace r}ae ordrnance ro a second reacJia3g: Community Developmcnt Direi~tot c~xplainecl
that Couiicit was briel`et[ lxst f~all aii the incnnsistenc-ics beMr~,e-n che inrerim Airport Overlay Z011e
regulatiaiis, state guidelincs and tfie RcEetU l regLi Eatiail s; tli at #]7e Planii in g C otn mtssion ~~'19 s briel'e,cl on the
peoposed ainencfmQ~n1s co Chis ordinance; they Iield a pul)lic hcaririg R~beuary 9, 2006, and prioe to tfyat
reCeived a pTesen&-Ltio33 by WST)OT Division oFAvia#ion on the requirements. Ms. Sulcup explained tha#
tlie proposed zimendments will being the airspac.c hanrcl ordinance inta confoi-iiiance witM fcrlcr~q]
reqii irernents, and estab] ish land usc~. compalability aaii es restric#ii7; certain land uses in pra:cimity ta Nelts rield_ ~'Js. SuktRp added kl~at #]ie Flar~nin; Cotnmission aIso r~:a:ommended tl7e deletioii o1F "medical
!'acilities" as - found oi3 page 6, subsection le. Counci] coiicurred to (lelete "niedica] facilitieS" ~I.s
~ mentioned above; a n d ori th~, "prohibited uses" table, to add a line ind icati n8 th a t the `da#'° indicatad the
use is prolkibited. I1+layor WElliite invitc-d publ']C CO=ent. Dick 13ehm_ 3626 S R.i&,eview Drive:'392.06
said he is iiiipresscrf wilh this ordinwice; that altlyougly T'clfis FieE(E only hxs a smal1 portinn in SpoUne
Valley, O4Gr City and the CEfy nf Spokane will benefit equally. Ma}for Whil:e invited further public
comment; iio furtlicr commenls were of.fered,
11 was nroved b~r Courtcilr+3ember Munson and,seconded, rn 2ine~~ ~he malian 10 irrcltrde the refnova7 of
t}ae M"n "inedicr.flfacilities. " Voie bu crcclreination !o crinerzd the war.ion: A2 F crv«r.. Unal:imaus, OpPo,sed.•
Arone, Abstenrinns' AForre. Mo1ioi? cof-f-iecl Vote fry acclarrt(ediort do advonce tlae ordrnance ~o 4~f second
reocfing,vith r.he change ofrlelelirig 4he ivords "wedicalfiacfidie,s" rrs found on.puge 6, strbsecfion le.` In
}f'avor: 2`Tnaniinoiis. Opposecl• 11'orre_ A b,venlions,- No?W. llffotIoPr cary-led.
5. N'fotion Crmsideration; Memorandutn of T]rt(lersundinji with S pokane r-oun1:v -Ke~-arcEinff 2 006 Sewer .
Con structi oii Piy)#rarn -NcilKerslen' -
ft wu,s nroved by CouncilTyien:ber rlfurr,son und secoiuJed by De{rufy Yaycxr• .T'aylor to auehorize the C'iiy
ilftonagei• ro execure fhe Memarancfiun of A ulhorific,s ,viah ,Spokane C.'oun#yforfull-wrcffh paving cose.s
associateaf ►vfrh .S'poTcan e Co-unr.y's 2 OOG .Sesver C"ohstnrction Fragram Pub lic NVorks Directar Kersten
explxErLecl the paveback program a s per his accom paiiy ing Februzi ry 8, ~006 memorandum, mentioned tli at
the adoptiou o!' ihe 2006 hudget includes funds For fiill-w idth strcct pavin}; associated with ibe- County'.;
$ewer .Program; iind explained thQ projects jnvalved, e,stimated road improvement costs, and esiiniated .
d rarnaae iznprc}vement costs_ Nlayor Withit-e invited pub1 ic corruneni'; no commeiIts Were oI'i'emd.
- Council discussiorr included imntion ~hxt full-widtli paVing will not he donc autamxtically ever7' }'ear;
, that dre do]]ars are wel] spcnt; oonl'ingency fui3ds; not wanting to seiid the wrong message to tl~c~ voters
who voted abainst such a piD licy; a ncl reasonahle bids. Vode by A ccfamadorr,' TP Favor: -Mayvr Wiftiide,
Cnunei] ➢Nleeting: 02-14-06 Page 3 Uf5
Appraved by Coui3ci l-
.
L7raft
De.puly Mcryor 7'crylor, qiid Councilmem bers Schimrnels, Gothinaun. Denenny, cotd 1Vurrson, Opposed: -
G'auncifrnern berDeHewing. Abstentrons: None. Motion carried ,
6_ Motion Consideration: .
a. Saokan e C auotv Stree# Maintenance lnterloca] -'Nei! 1Cei-sten •
{r wa,s irzoverf b}+ Dejwty Mayor Taj,lor and seconded by Counc2imember .Denerrny tv appruve the 2006
; ,Spokarre G'oun4y Street Maindenance 12iterlocal and aaethorize the C'ity Manager #o srgn tDre agreernent,
Public Works birectoe Kersten went aver the ltighliglyt!~ of the interlt)cal and the options cnntained
therein, witli emphasrs on thc tlirce-ycar tTaztsition plan; ancl explained whic~h dudi~s would be Cotinty
dttties; adding tha# he projected an approxi rrEate 6% increase annua]]y_ Councilmember Gothinann stated
che year Frozn 05 i'o 06 appe.ared to be a 7°a increase, and NIr, 1Cersten said he would ee-examine the
formu la. Mayor Wilb itc i n v ited public c*rament: no comrrienCS were offered. Vote by A cclamation: In
Tcivor~ Urrcrn intou.s. Qppo,sec-l_- ?Vor~e_ .4bsientiuns; Ncrne. M. o(ron carrie~l. . .
b. Tvfo new F"I'Es: MaintenancelConslructian Tnspector 'Pasitions. Gtade 14
Tt was inoyed by C'ovrrcifinember Golhrrr~mn and scconded by Councilrr:ernber M'Unson to appraue hva
new marntenancelcnrash•uctian inspector FTE",r crt grade I4_ Directar Kersten exp lain ed the sa] ary rangre
far the gi-ade 14 posifion; tlye hid contracts, that IEtndscaping inloded such Chiztp as swales a.long city
streets, maintenxnce of ihe sprinfeler systems, and weed confrol; and #hat the employees' tasks wou[d
inclLide such thlngs as inspCecion, [dallaglilg, overseeing pro1ects ko ensute quality, and otlier tasks
liigliliglited in the accompanying handouts_ ~1.r~a}for Wilhitc invited ptLblic comxnent; nu c~ornments were
offered. Vofe by Acclamafion: !n Fm+or: Unanirnous_ Oppo,sed• iVone. Absterrrforts; Norre_ Moteon
carrre-d
,1~fayoi- Willyitc called fiar a short recess a t 7;32 p,m, and reconvened #he meeting at 7A 0 p.m_
~ .
7_ Motion Conideratinn: Mavoral Aonaintmmt- LoclLzinu "£ax Adv isoTV Committee - Mavor V4'ilh ite .
Mayor Wilhiw stated her intent to appoint kirendan ~'ientli ee of the HoI iday Inn, to fill the vacancy In tEte
Lodging Tax Advisory Coinr'nit.tcc. IvZayor Wilhite invited publfc c:omment; no cornments were offeeed. _
!t ivas inoved by Co~inrciirtreiriber ,ifTurrson, sccondecl, and unanimuusly agreed, ta approve t1le ,
qppo inrrnenl of Z3renclr,r,:7 Gewher to tJze Ladgiiig 7ax t4dvrsory Coinin rttee. Courrcif crlso exfenafed ihe ir
thanks to Mr. Fiiraanfnr fris ivork ort rhe cornrrtiffee. 8. Minn Considemtion; A?f.ptvoral Amaaintment ofCouncilinember Gothinann to thc W eecl & Seerl
Coiri mirtee - [Viavor Wilhite •
Mayor Wilhiic mteci her inbent to appoint Councilniember C'iotlunann to the Wecd and Secd Committee:,
Mayor 4Vilhi#e invited public comment; no oomments %vere offc.red, It was woved by Counczlineinber
, Mun,sorr, seconded, arrd un,~nimozmly agreed fa approve fhe appointinerrt of CnunciImeijiber Gofhrrxann to
4Iw Weed arud ,Seed Comrn ittee.
PZJa3.iJC C O14DIENTS Mxyor Wilh ite in vi#ed Public comments; no comments were otT'+ered.
ADNI1NIST.RA.TIVE REPORTS: .
9. fii-e District 91 Levv -Fire Chicf M[ike Thomosott Fire Chief Thompson gave a brie.f overvi~lx and PowerPoitit presentation cancern3ng the upconlikig .
kMxrc:h 14 Levy vote of a#lii-ee-year levy ta provide funditXg to rn eet the increase in dernand for services, .
and ko assist the fii-e depaitment in Emprovin g response times. 10, Btis Benches - C:ar-r- DriskeEl
.
Depuly C i[y lLtl.arriey T7riskeli explained tli e issue of bus bcn chcs iu C ity rights-of-way; and discussed the ~
various facets of havin- tihose btis benches, incfuding the need to arnc~nd the sign ordfnance {the henclies -
C:ouncil LMceting= 02-14-06 Fage4 af 5 ,
Appraved by Council: i
~~roulc~ I~e aii exeniption to the }~rohibitecl si~r7~}; tlie xdvertising on the bencli es tli rough the f 1•m af 3unseC
Outdoor; and tlie di'aft proposed contract for bus bench plxc:ernent, which contract is similar to the
contract Sunsct has with the City of Spakanc_ i41r. Drisk.ell explained th~t pplicy consic{erations for
c-ounci] include ihe price for the placement; term of conti-ac:C, and if Caunc:il desires to seek back
. conipens~[ion_ After Catmcil coiisideration and discussion of the issues, .iC wa-9 detennined that iMr, ,
Dri,qkell Nvi1l rese~iroh to deterinine 1f t7eCe ex13n 5tato or federal regulations prohibiting aavertising of
toUaccci mcllor alcnhol procEuctS; any fLbfl (America~i with Disabili#Ees Ac:t) issues or concerns; ;emeral
. obstructtqn pennit xncE-inspection fee; zin(J an appropriate mecli anism to enforce the terms of the contract;
and that Mr. .Driskell will peescnt thase fndings to #he 1']an,iin,& Commissiort ELs part of tlieif heariiiQ on
1:he inatter, and aff-envards, Council 'Ml] be prescnted with all ~kddEtional infoiTnatinn includintr 1:hC
reccammcn dation of khe Plann ing Corttmissioi3_ CokEiicil a lso stiLted #]ieir prcficrence n o# io seek reb,oactive
compensation. .
11 . S noW e Countv S ervice A P-reeni ents - N i n a Rei-yor1Mori~ao K.oudelka
fldministi'ative Analyst Koudelka, via his PowerPoint prtcseiitation, gave aiy oveiview bi' xhc seevice
agre,ements wi[h Spokane C:ounly, IIlC[Lldlllg t11e modcl agreemenis for A1113738I CC1flt]`OI, T)istrict Couri;
L-Iearing F.xa1'niner, Jury Mina¢emant; Pre-'1rial, Frosecu#ion, anrl Fublic Defender, adding tliat sornc of
the contracts havc autoni atic renewals, while o#hets wcre extendecl until the new agteemenxs are fi nalicecl.
LMr_ Kotidelka aIso mentioned thaC City and Couniy staff continue to worfc on refininQ tlie faw
enforcemcnt, CIS, }1hil, cornmunications, ancl Goigger 1greernenis, Council commended Mr, - fCouckellca's
wark and aralysis, and iiidicai'ecl thc~.ir preference i.o have the contrac[s oome before Councit at the ne-xt
meeting fOr innti6n cansideral-i0n, and #o have l'he item as one niotion cnumerating the various cantracts
for fiiiaE considt;rAion,
Otlicr Viut#ers: City Manager meni`ioned that Attorney Coanclly discussed aanexation laws and options
aiid the February 11. retreat, and that clisiributed to cntpncil tanio7t; afe [:Op]eS 0~ Mr- CO17Refly's follow-up
of nccessary steps for an anrtcxatian peocess, -
Therc heinc, 3ia further busirless, it Was movecl, seconded, and +in$iiimously agreecl t,o a.djourn_ '1he
meeting acljournedat 8- 58 p,m. Diarm Williite, Niayor
A1`!'F5T:
Christine Bainbridge, Ciry CIcrk
• -
Council MecPin,~,' 02-14-06 Patge 5 af J
Approved by Cvuntil-
. , i
CITY OF SPOKANE VALLEY
Request for City Council Action
Meeting Date: February 28, 2006
Item: Check all that apply: ❑ consent ❑ oId business ❑ new business ❑ public hsaring
❑ information ❑ admin. report M pending legislation
AGENDA ITEM TITLE: Second Reading: an ordinance amending SVMC 10.30.060 by
amending Chapter 14.702 Airport Overlay (AO) Zone in the
vicinity of Felts Field.
GOVERNING LEGISLATION: RCW 36.70, SVMC 10.309.06
PREVIOUS COUNCIUCOMMISSION
ACTION TAKEN: City Council was briefed on the inoonsistencies befinreen the interim Airport
averlay Zone regutations, state guidelines and federal regulations on
September 20, 2005. Planning Commission received a presentation by the
WSDOT Division of Aviation on the requirements on December 8, 2005.
Planning Commission was briefed on the proposed amendments on January
12, 2006, and held a public hearing on February 9, 2006. Planning
Commission reoommended approval with minor amendments. On February
14, 2006, City Council advanced the proposed ordinance as recommended
by the Planning Commission to a second reading.
BACKGROUND:
Fetts Field is located adjacent to the City of Spokane Valley. Approximately 10 acres of the
airport is included within the City's oorporate limits. Property adjoining the airport is generally
fully developed and zoned low density residential and industrial. Fefts Field is a public reliever
airport primarity handling general aviation. As such, it is regulated pursuant to Chapter 77 of the
Code of Federal Regulations. Safety and height regulation is established by federal regulation
based on the length of the runway.
Federal requirements are generally overseen by the WsDOT Division of Aviation. The proposed
amendment brings the airspace hazard planes into confortmance with federal requiremerrts and
also establishes land use compatibility zones restricting certain land uses in proximity to Felts
Field.
A Determination of Non-Significance was issued on December 1, 2005 with comments due not
later than January 15, 2006 and a draft proposal was submitted to CTED and other agencies for
their review on December 3, 2005.
OPTIONS: 1. Repeal Chapter 14.702 in its entirety.
2. Approve.
3. Provide staff with direction conoeming additional amendments.
RECOMMENDEO ACTION OR MOTION: Move to approve ordinance 06-002.
BUDGETIFINANCIAL IMPACTS: None.
STAFF CONTACT: Marina Sukup, AICP, Community Development Director
ATTACHMENTS:
Draft Ordinance, Comment Letter WsDOT Division of Aviation
MEASURRIqG AIRPQR7 NO15E [F1,4PTEA 6
- ~
A-wev htet~ Fs.,,.~:reca'
IFIdOk7R8 h; Lairdrtess Rehatihna QLRDOf}Ft8
tca 6#7 dBA
Tlvet3foM af PaFr
140 X2Sg
ingo- Miitdry Jek Takealf wiEh Afterbumer (at "SO FeeS}
134 x128
1213 x84
R+7ok 6and 110 x33 CGncorid Larading (3,360 Feal Fram Rtivy Entl)
747-104 FdfcaoR {4 Hliles From StaKt of fioM
Inside SuGway Train. Ne-w York 100 X16 PQrver Lawrrme,wer (at ,,~-Q Faso
Aenbulanae 5iren (id 100 Feet]
NCisy CUCktail 6ar 90 xu 727-200 Takeoff (4 Mites Fram S#art af Ra~
Pi69e6 7naek. 44 mph (ad 54 Fee~
,dot lUrCraft C.Wn, at Cn-*" 90 X4 Aukomcrbi6e. 65 mph (at 50 Bhoutlng (at 3 reo
Nol$y RestauraM ausy staart (at sa Feet)
TQ xt 757-200 Talteoff (4 Mie5 F[om St6Yl1 01 R011}
Large Husineiss 9ffloB Au'd]rnObil9. 34 mph (at SO Feef)
Norrnal C+4nvefr56.lion (at 3 Fw) B#} xy Cessuna 172 l.andln9 C3,3[)U Feet Fr4m Rwy EndQ
Qulet Ofiioe
DisJwrasher. Nw Room so 0/2
40 x7d4 Qutet Uttan Area. Nighilime
Qulet Library Qulet SuiSUrban Area, NigMttirne
30 x7fB Oulal Rure1 Area, Nlghttlmo
Claneert Madl, Saclcgrot.rmd
20 x1(16
Aeoording Siudio Lea+ras Rusuing
10 x1 132
~ Parcaptlhllity pf Changes ln Laardr►ess
t 1 dB Unnoticeabls 0 x1l~
~ 3 dF3 S6rely NaEice~le
5d8 QuItaAsppar'eri# TIUesFwld o? Hearing
±
± i[}d5 2;1 f4pparenti]ifierenco
F IGG Pl £ GA
Typic~~ ~ecibel Lev~l of Cornmon Sounds
CaIrfornra Air,pau-t tand Use Panninq Narsdboak (1arauary 2002) 6-5
~ Draft
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 06-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING SVMC
70.30.060 BY AMENDING CHAPTER 14.702 AIRPORT OVERLAY (AO) ZONE IN THE
VICINITY OF FELTS FIELD, PROVIDING FOR SEVERABILITY; AND ESTABLISHING
EFFECTIVE DATE.
WHEREAS, the Interim Comprehensive Plan adopted by the City of Spokane Valley pursuant to
Ordinance 52 (2003), cod[fied in SVMC 10.30.010; and
WHEREAS, Interim Plan Goal T.3g provides for the protection of airports from encroachment by
incompatible land uses and the prohibition of uses which would conflict or obstruct airport
operations and airport safety; and
WHEREAS, Felts Field is located both within and adjacent to the city of Spokane Valley; and
WHEREAS, Airport hazards endanger the lives and property of users of landing fields and
persons in the vicinity of Felts Field; and
WHEREAS, Airspace obstructions and incompatible land uses impair the utility of an airport and
diminish the value of the public investment therein; and
WHEREAS, Preventing the creation or establishment of airport hazards and incompatible land
uses protects the public health, safety, and general welfare, and promotes the most appropriate
use of land; and
WHEREAS, the protection of airspace and prevention of airport hazards is regulated pursuant
to CFR Part 77 and RCW 14.12.020; and
WHEREAS, Ordinance No. 53 (2003) adopted the Spokane County Zoning Code, as codified in
SVMC 10.30.060; and
WHEREAS, this ordinance amends Section 14.702 of the adopted Spokane County Zoning
Code;
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, does
ordain as follows:
Section 1. SVMC 10.30.060 is hereby amended to amend Chapter 14.702 to read as follows:
°Chapter 14.702 Airport Hazard Overlay (AO) Zone
14.702.000 Purpose and Intent
The purpose and intent of the Airport Hazard Overlay Zone is to reduce the potential for airport
hazards, becaus , ' '
1. Afl-airport hazards endangers the lives and property of users of landing fields and-PFapeFty-ef
essUPa~►#~ andpersons in the vicinity of Felts Field-;
and
2. Airspace obstructions and incompatible land uses
, impair the utility of an airport and diminish the value of the
public investment therein: and-
Ordinance 06-002, Airport Hazard Page 1 of 10
~ Draft
4.3 ' Preventinc the creation or establishment of incompatible land uses and
airport hazards +fl-er-der--to protects the public heaith, safety, and general welfare, and te
promotes the most appropriate use of land.
55. , , mitigation,
publiG #unds-
,
,
14.702.020 Aoolicability
The Airport Hazard Overlay _Zone aWy-applies to €our-aipe46 -4A-Spelcane-Ceunty:
, areas suITOUndinq Felts Field,
, , as established herein-. The
airport elevation of Felts Field is 1952.9 feet above mean sea level (msl). Provisions
of this chapter shall apalv to all lands, buildinqs, structures, natural features and uses
located within the Airnort Hazard Overlav lAOI Zone district as depicted on the
maps, except that the provisions of this chapter shall not aqplv to anv use that is
defined as an aviation use. All uses and activities are at all times subiect to the
underlyinq zoninq district. Where the requirements and restrictions imposed bv the
Airoort Hazard Overlav Zone conflict with the requirements of the underlvina zone
district. the more restrictive reauirement shall be apnlied.
14.702.040 '
-~ne as-set #orth-above;~r3d
es~a~lis#~e~:
3
11: -ThF994h6tF
9
Ff'fitC:
than utitTty.
Ordinance 06-002, Airport Hazard Page 2 of 10
~ Draft
PuRways-
,
thousand , .
Air Hazard HeiQht Restrictions
ExceDt as otherwise orovided herein. no buildinq or structure shall be erected. aftered, or
maintained so as to proiect or otherwise penetrate the FAR Part 77 airspaoe surfaces shown on
the Airport Hazard MaR attached hereto and made a oart hereof for all oumoses. Such
aoolicable heiaht limitations are herebv established for each of the zones as follaws:
1. Primarv SurFace - A surface lonaitudinallvi centered on a runwav. The arimarv
surface extends 200 feet bevond each end of the runwav and is 1.000 feet wide.
The elevation of anv point on the primarv surface is the same as the elevation of the
nearest point on the runwavi centerline.
2, Precision Instrument Runwav Approach Zone - Sloqes fiftv (50) feet outward for each
foot upward beainninQ at the end of and at the same elevation as the orimarv surface
and extendina to a horizonta) distance of 10.000 feet alona the extended runwav
centerline; thence slopes upward fortv (40) feet horizontallv for each foot verticaltv to
an additional horizontal distance of 40,000 feet alonq the extended runwaK
centerline.
3, Transitional Zones - Slope seven (7) feet outward far each foot uaward beqinnina at
tha sides of and at the same elevation as the orimarv surFace and the aoaroach
surface. and extendinQ to a heiqht of 150 feet above the airport elevation which is
1.952 feet above mean sea level. In addition to the foreaoina. there are established
heiQht limits sloqina seven (7) feet outward for each foot upward beainninq at the
sides of and at the same elevation as the approach surface, and extendinQ to where
thev' intersect the conical su►face. Where the orecision instrument runwav aqqroach
zone aroiects bevond the conical zane. there are established heiaht limits slooinq
seven (7) feet outward for each foot upward beainninq at the sides of and at the
same elevation as the aDproach surface. and extendinp a horizontal distance of
5.000 feet measured at 90 dearee anqles to the extended runwaw oentedine.
4. Horizontal Zone - Established at 150 feet above the airoort elevation or at a heiaht of
feet above mean sea level.
OMinance 06-002, Airport Hazard Page 3 of 10
~ Draft
5. Conical Zone - SloQes twentv (20) feet outward for each foot upward beainnina at the
qerinherv of the horizontal zone and at 150 feet above the airnort elevation and
extendina to a heiaht of 350 feet above the airport elevation.
Ordinance 06-002, Airport Hazard Page 4 of 10
~ Draft
A
t
k
suRFr,ce sUWE KEr
A- 7-:~-l=-w~~~-
ClVIL A[RPORT
LJ1N IMAGINARY SURPACES
P
~i 14.702.AW060 HeiQht Ecceptions
ResEFistieRs
~.~.v
Gode,
4R61dA#O -#f,
.
.
shall-be Structures shall not be
sECr[oKn-n `~~j=° , constructed, altered, maintained, eF
a4lewed-te-9~ in a4;y-the reQulated
air space area
#hiS PFOv+s+e~- exceqt as follows:
1. Any structure or object that would be shielded by existing stn.ictures of a permanent and
substantial character or by natural teRain or topographic features of equal or greater
height_
+R-aif-navigatiOR-
2. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device,
or meteorological device, of a type approved by the Federal Aviation Admen'stFat'an,
Administration with a fixed location
and height.
43. Structures necessary and incidental to airport operations.
14.702.0680 6sneFal Airoort Land Use Restrictions
The six aimort land use compatibilitv zones established bv the WSsDOT Division of Aviation in
auidelines are based on federal aviation accident data from the National Transportation Safetv
Board (NTSB) are shown on the Airport Land Use Comqatibilitv Zone Map attached hereto and
made a qart hereof for all pumoses.
1. Prohibited uses in all Airport Land Use Compatibility Zones:-
Ordinance 06-002, Airport Hazard Page 5 of 10
,
~ Draft
~ a. -Any use that creates or causes interference with the operations of radio or electronic
facilities at the airport or with radio or electronic communications between airport and
aircraft,_
b. 6ny use or liahtinQ that impairs a piloYs abilitK to distinguish between
airport lights and other lights.. or that creates -glare *
airpeFs:affectinqpilot -vision: or otherwise impairs visibility in the vicinity of the airport. All
liahtina shall be "cut-down" and fully shielded.
c. Anv use that endangers the landing, taking off, or maneuvering of aircraftior:
d. Any use which attracts birds in anv manner affectinq airoort oDerations such as parbaae.
recvclina and stormwater detention.
, -a+fs~ase
.
e. SDecial function land uses for which the siQnificant common element is the relative
inabilitv of the peoole occupvin4 the soace to move out of harm's wav such as K-12 schools.
hospitals. nursina home . FnediGal . and other similar uses.
f. Hiah intensitv land uses which are characterized by a ootential to attract dense
concentrations of nersons to an indoor or outdoor area. even for a limited period of time.
Such uses include:
1. amusement parks, fairQrounds
2. box retail
3. convention/exhibit halls. maior auditoriums. theaters
4. stadiums and arenas
5. temnorarv events attractina dense concentrations of people - fairs. circuses,
carnivals. revival meetinqs. soorts tournaments. conventions. but not includinq events for
which exDosure to aviation safety hazard is a well-know expectation (air shows, airport
open houses. pilot meetinqs, etc.)
2. Land uses in Airport Land Use Compatibilitv Zones are further requlated as follows:
Prohibited Uses ~ Ai ort Land Uan CrxnD~ i i Zones
1 ~ ~ 4
~ Sinale-famfIv Res" ntial • I p ~ •
~ ~~j „
1 du15 1 du/ 1 duJ2.~
Maximum Oensitv " nla Wj_ acres 2.5 aae Na acro
~ Manufactured Hausing Parics ~ • ~ • • ~ •
Multi-familv ResidenGal • • ~ • ~ • • •
~ schools • • • I ~ I ~ •
~ Parks h Pla r n • ~ ~ ~ • ~ •
~ HoSprtats I• I• I • ~ i ~ •
~ Nursina Homel • • ~ ! ~ ~ ~ •
I ~Davcare • • : I ! I ~ I •
Churcfm ~ • ~ • • ~ • ~ • ~ •
Hazardous Material Storaae ~
, ~
F mmeble Materials StoracLe 0
;
Ordinance 06-002, Airport Hazard Page 6 of 10
~ Draft
r- - '
Prohibited Uses AiipoA L"nd U e(:txn tibil" Zones
I 3 ~ 4 5 §
~ fncinerators 1 0 1 • 1 • ~ • • ~ •
~ Overhead uti(ities ~ • ~ • • ~ •
~ n Inrprisity uses 1. . I . I__ • I• I .
~ 0 ProhiDited Uses
~ " G Densitv limited
3. Aviaation easementsltitle noticelcovenant shall be reauired as a condition of the issuance of
anv permit for construction, reconstruction or exvansion of anv structure located within anv.
Airoort Land Use Comaatibilitv Zone.
r12 $
1 `r
s
6 ~ ~ a $
6
~
s e
~oo►
. 8'°°° . ; ~ rsa
ii
Source- Calgomla Airoort Land Use Plannina Handbook-. Califomia Depertment of Tren„jgorlaUpn Oivision of Aeronautics.
recornmended bv Washinyton DeoaAment of Tfan9oortatlon. AvIaW,.n Divlslon..
14.-,7n~ 12n
~-~-r~
,
, .
6f-the'$F8)96~afld t8
14.702-260 W)
WthOF; aFeas designated a6 AGGIdent PoteRteal Zone "A', Re bulldtRgs shall be used
F;9F any building oF stFuGtwe be eFen-ted- 0-r- -MIIA-Fed unless e#w i- . ed- ~A thon- C-n-de BXGept
fn-r ene ewffler~&_ -of thg- fallowing uses when allowed in the undeFlyqRg Ze
1 .
2. , , , building . aRd
3. GemeteFy-
4-NUFGe •
Ordinance 06-002, Airport Hazard Page 7 of 10
~ Draft
5. .
. ,
6.
i~ave~ai~e~s:
7.
8. AwtawrarkiRg, , .
4. .
~W4
r n
. S'~
(;hUf6~t 10-Stad+uRi
3. k~asp" 11-T-heatef
5_M9te! , 3, Family day GaFe pF~qvide
6. HeldpeFt Whelipail
7---#etc!
8. NuFsing HeFne
4. 14.792.489
. Substantial
noise imDacts (over 65 Ldn) at Felts Field are confined to aimort aroDertv. In the event of
chanQed conditions authenticated bv the Sqokane Airnort Board, the followina uses will be
prohibited within areas where noise levels exceed 65 Ldn..
1 School 2_ Church
3. Hospital 4. Manufactured home oark
5. Child dav-care center 6. Nursina Home
7. Parks & Plavqrounds
ZGR!ng . -
1. ChUFr. ssheel
2.-Hespitaf S.
3--L+#aragr •
. k
5. Nothina in this chaqter shall diminish the resaonsibilitv of proiect oroDonents to submit a
Notice of Construction or Alteration to the Federal Aviation Administration if repuired in
accordance with Federal Aviation Requlations Part 77, "Obiects Affectinq Naviqable
Airspace".
Ordinance 06-002, Airport Hazard Page 8 of 10
~ Draft
14.702.100 Non-Conformina Uses
1. Rectulations Not Retroactive -'The reaulations arescribed herein shall not be construed
to reauire ihe chanae of use. nor the removal or alteration of anv structure or tree not
conforminq to the reaulations as of the effective date of this ordinance, orovided
however that the owner of anv existinq non-conformina structure or tree is reouired to
permit the installation. ooeration, and maintenance of such markers and liahts as shall
be deemed necessarv bv the Director of Airaort Oaerations.
2. Nonconformina Uses Abandoned or Destroved - Whenever the Director of Community,
Development determines that a leaal non-conformina tree or structure has been
abandoned . destroved or damaaed bv more than more than 80°k oercent. no oermit
shall be issued aranted that would allow such use. structure or tree to exceed the,
apalicable heiaht limit or othervvise deviate from the zonina reQulations.
14.702.120 Permits 8 Variances
a. No buildina permit shall be issued for anv arohibited use. or for anv structure or obstruction
which exceeds the air hazard heiqht restnctions adoQted herein.
b. An aaolication for a Aermit far the construction of a buildina, structure, use, subdivision, short
subdivision. bindina site olan or other develovment located within the Airuort Hazard Overlav
Zone shall submit a site olan which includes the elevation of the site above mean sea level. and,
the heiqht of anv proDosed structure.
b. Additional notice: anv buildinq qermit or land use action includina qlats, short olatsti
subdivisions and bindina site nlans within the airqort hazard overtav zone shall contain the
followinq notice:
"IVofice is herein provided that this propertv is focated within the Arrnort Hazard
Overlav Zone of the Citv of SDokane Vallev. Washincrton, and is subiecf to
restrrction on heiqhf and use oursuant to Chaater 14.702 Alraort Na2ard Overiav
Zone as it mav be amended from time fo time."
c. Variances - Anv oerson desirina to erect or increase the heiaht of anv structure, or nennit the
arowth of anv tree. or use of oroqertv. not in accordance with the reaulations orescribed herein
mav applv to the Saokane Vallev Communitv Develoqment Department for a variance, provided
however that the apalication shall be accomaanied bv a determination from the Federal Aviation
Administration as to the effect of the orooosal on the ooeration of air navioation facilities and the
safe. efficient use of naviqable airspace. A coov of the application shall be furnished to the
Director of Airoort Oc>erations for review and comment. Final determination on the variance
shall be made bv the Hearina Examiner followina notice and hearinq.
Section 2. Severabilitv. 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 ordinanoe.
Section 3. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City
as provided by law.
Ordinance 06-002, Airport Hazard Page 9 of 10
~ Draft '
PASSED by the City Council this day of , 2006.
Diana Wilhite, Mayor
ATTEST:
Christine Bainbridge, Ciry Clerk
Approved as to Form:
Office of the City Attomey
Date of Publication:
Effective Date:
Ordinance 06-042, Airport Hazard Page 10 of 10
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CITY OF SPOKANE VALLEY
Request for Pianning Commission Action
Meeting Date: February 28, 2406 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: proposed Ordinance changes• related to the Interim Zoning Code and
Code Compliance.
GOVERNING LEGISLATION: SVMC 10.30.060; SVZC 14.412 and 14.406
PREVIOUS COUNCIL. ACTION TAKEN: The City Council has heard a staff presentation on
the proposed ordinance changes, and instructed the Planning Commission to review the
proposals and make recommendations on them. Deputy City Attorney Driskell provided the
Planning Commission with an overview of the changes in all five documents on January 26,
2006. The Planning Commission conducted a public hearing on the proposed Ordinance on
February 23, 2006.
BACKGROUND: The City has adopted several ordinances that provide procedural guidance for .
filing appeals to the City s Hearing Examiner, and from the Hearing Examiner to either the
Council or Court. Many of the adopted regulations are interim ones that were intended to be
replaced when the City had more time to look at tailoring its regulations specifically for the City.
When the City adopted several of the replacement ordinances, a few items were missed that
should have been repealed, specifically in this instance Interim Zoning Code Chapter 14.412.
This proposed Ordinance would accomplish one such housecleaning to preclude ambiguity.
Additionally, Interim Zoning Code Chapter 14.406, providing penalties for zoning code
violations, should have been repealed in its entirety because of the later-adopted provision of
SVMC 10.30.150, et seq.. The remaining changes would make the rest of the Interim Zoning
Code consistent with these changes. This Ordinancs would accomplish that.
The staff tinrill advise the Council at the time of the Council session on what the Planning
Commission's recommendation is.
OPTIONS: Instruct staff to revise the proposed ordinance; move proposed ordinance to a
second reading for approval; motion to suspend rules and approve the proposed ordinance.
RECOMMENDED ACTION OR MOTION: "I move that we advance Ordinance number 06-003
to a second reading at a subsequent meeting."
AlrernativeJy- "I move that we suspend the rules, and approve Ordinance 06-003.° '
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Cary P. Driskell, Deputy City Attomey; Mike Connelly, City Attorney
ATTACHMENTS: Ordinance repealing 14.406 and 14.412, and amending 14.402.140,
14.404.082(5), 14.404.102(2), 14.504.020, 14.504.040, 14.504.060, 14.512.000, 14.702.100(3),
14.706.060 and 14.806.080.
U[taFT
~ J
C.IXY pF SFOKANE VA_LrrH.Y
SPQKANC C()1TNTY «AST_UNGT()N
OCtUllNANCE iNO. 06-()03 - ,
AN O1ZUlNr1,NCE OF'CUT, CITY OF Sl'OKAM VA.LLI;Y, WASH7NGTON, A]1T.ENDING
S!'OKA1'F> VAI..LEY NIUiY1.C1PAL COT).F.. SFCTIUN 10.30.060 As rOr..i..n`VS; ItEl'EALlNG
CI3AI'TLRS 14.406 AND 14.412; AMENDli\TC C'HAPTFRS ANll SLCTJ:O\iS 1.4.402.140,
14.404.082(5), 14.404.102(2), 14504.020, 14.504.040, 14.504.060, 1.4.512.000, 14.702.100(3),
14.706.0607 ANll 14.806.080 (JF TIlC CITY'S INTE:R11~17p1'T\`C: COI)E PERTA.TNING TO
ENTORCFIN7T.I~'j'T ANll AUIVIINISTRATiVF APE'LA1.S,1'120-*rFDTNG T'CaR SEVERABILTTX
ANm A~~ rFFLCTIVE DATE.
NI'NTR.FAS, the City adapted Orctinance 03-078 which amended lnterim Zoning Code Section
14.406 by providing enhanced regulations for abating Zoning Codc violatiqns. `I°he City later adoptcd
Ordinance 04-013; which ex.pandcd the applicability of the regulations originally adoptecf i.n Ordinance
03-078 tn make t:hem apply to other types of violalions beyond zoning issues, which was later codified as
SVVIC 10.30. ] 50 -.650. The provisions of Inteeim Goning Code Section 14.406.005 throu3h 14.406.660
relating tn zoning enforcement, codified Lmder SVm4C 10.30.060, were never repealed and are in conflict
with the later-adopted provisians undcr SVVtC 10.3 5.150 -.650; and
1VWR,EAS, the City adopted Orclinance 03-053, «fiich adopted an Inccrim Zoning Code, which
was later codifiecl as SVMC 10.30.060 - 100; and
~ .
WW,,*K,CA$, the City's Interi.rn 7oning Code cantains provisions relating to procedural
requirernents far appeals of aclrninisl:ritive deterrninations by staff, and for appeals of determinations by
the hearint examiner to the City Council; and •
WWREAS, ttle City also adopted Ord'►nance 03-057 to provide authority and dircclion to the
hearing esaminer, which was latcr codified as SVNIC 1035; a.nd
WffE:KEAS, the City also adopted Ordinance 03-060, which adopted by reference the Spokane
County Application Review Proceciures i'or Project Pcrmits as the City's interim procedures f'or such
actions, wltich was 1atEr coclifiec1 a.s SVMC 10.35.170; and
WEIE}2EAS, the City subsequently amended SVIUIC 10.35.150 tltrough prdinaiice 05-021, to
adopt specific procedural requirements for any 3ppeal of a hearing examiner decision to the City Council;
and
A'VFTF:RFAS, die provisions relating to appeals of aclministrative determinations adopted in 03-
053 are in conflict with the later adopced provisions in 03-060 and 05-021, and
WHE12.N:AS, the Ciry Council now desires to repeal or amend those previously adopted
provisions in Spokane Valley lnterim loning Code that conllict with ihe later-adoptecl pravisions; and
WHFREAS, the proposed action is exempt from reyuirements under d1e State i:nvironmental
Policy Act pursuant to WAC 197-1.1-$04(1 y)
;
WHEREAS, ie is the intGnt of thc City Council for the City of Spakane Vitlley to repeal interim
Zoning Code CFiapters 14.406 and 14.412, as adopted by SV`MC 1030.060, in their entircty becausc they
Ordinanee 06-003 Amencliiig Cei~tain Seccions \'umbered 14 of the Interun Zonine Regulations Page I of 5
DRAE'T
conflict with later-adopcec3 provisions. dther provisions in the City's interim Zoning Code cite to the
appeal provisions that would be repealed by this action. As such, t'hose other provisions cit'ing to interim ,
Zoning Code section 14.412 must also bc amended to reflect a new rcference to the applicable appeal
provisions adopted by ttle City in Orclinvice 03-060, codified as SVMC 10.35.170.
NOW THOETaFUI2E, the City Council nf the City of Spokane Valley, VVashington, orclains as follows:
Section 1. Snokane Vallev Municinal Code section 10.30.060. which codifie,s the Citv's
Interim 'Loning Code. is amencled as follows:
~ 1. RencAliniz Spokane Vallev Intcrim Zoninw Cocle Chaatcr 14.406. Spokane Valley
Interim 7eonUi; Code Chapter 14.406, whieh includes Suhsections 14.406.005 through 14.406.660, is repealed in its entirety.
I 2. Renealin2 Spokane Vallev Intcrini Zoning Code Chaptcr 14.412. Spokane Valley
Intcrim 'Loning Code Chapter 14,412, which includcs Subsections 14.412.000 t;hrough 14.412A42, is
repealed in its entirety.
. I 3. A.mending Spokane Vallev InteriRi Zonine Code Section 14.402.140. The action of
the Hearing r:xaminer on a zoning map amendment, pursuant to Scction 14.402.100(1), shall be
considered final and conclusive unless an appeal is filed with t-he Council under procedures set forth in
Section 14.412.042. Upon receipt of any such appeal, or request for review, the Council shall at its nex[
regular meeting set the date for public hearing with notice as provided in Section 14.402.160(1) and by
the Clerk of the Cnuncil notifying all nroperty owners and taatpayers within a four hunclred (400) fo4t
periphery of the subjecC site, including ariy access easement(s) serving the site, by mail at Icast fifteen '
(15) days prior tn the hearing, moreover the I7irector may cause the action of the Hearing Examiner to be,
~ reviewed by the Council under procedures sec forth in SVaviC 10.35.150 Seetiet;--14.-;z2-Q4i.
Considei-atiori of the Council at this hearing shall be "dc novo." Upon conclusion of its hearing, the
Council may adont, motlify conditions of approval nr deny the proposed map amendment, ancl it shall
adopt its own findings of fact ancl statement setting forth the fiictors eonsidcrecl at the hearing and its own
analysis of Fmdings considered by t.he Coancil.
~ 4. AmendinL- Spokane Vallev Tnterim ZoninL Cocle Section 14.404.082(5). The
following condiCions and requiremcnts pertain to a variance.
(5) The I-iearing Examiner shall make available tn all parties of record its decision, along with findings of
fact and conclusions. The action of the Hearing Examiner on a variance shall be eonsidered final and
conclusive unless an apqcal is filed under the proceciiires set forth in SeeHen '~-n-2.^42SVMC
10.35.1?0.
I . 5. A_mendin2 Spokane Vftllev Tntcrim Zanine Code Secdon 14.404.102(2). 'I`he Wearing
Examiner shall make available to all parlies nf record its dccision, along with findings of fact and
conclusions. The action nf the Mearing E.caniner on a conditional use shall be eonsidered final and
conclusive unless an appeal is filed with the appropriate Uody uncler ehe procedures sct Porih in SVMC
10, 3 5 .170-f;est+eii-1-=3-1#-1-ti(!=~?;
I 6. Arrienclint! Spokxnc Vallev Interim Z-aninLy Code Section 14.504.020. A reyuest for
interpretation of a zoning map or arterial/road map by the Iaepartcnent with respect to the location of any ,
boundary line between zoning classifications or specifics of t}ie arteriaUroad by any interested citizen or
public official must be madE in writing. A delermination shall be made by the Director, and the ruling or
Ordinance 06-003 Amcnding Certain Sections Numberecl 14 of thc Interim 7oning Regulacians T'age 2 of 5
nRAF7-
interpretatinn shall be submitted in writing to the person submittin ; the reyuest. Such interpretations or
~ rulinbs are appealable under the provisions of SVMC 10.35.170 Seotief~~-~-' '''.-Uzoz'.-•
I 7. Amenclinf! Spol:ane Vsllcv Intericn Lonini-, Codc Section 14.504.040. 1"he following
alterations or additions to the approved siee clevelopment plans for cone reelassifcations; arteriallroad
change or conditional use perrnits are decrned to be minor in nature aiid may be approved administratively
by the lacpartment if'the chinges arc not contrary to the adopted findings and conditions:
1. Ac3ditions to buildings, provided that the increase in floor area is less than ten percent
(10%) of the total tloor area of al) buildings on the iipproved site clevelopmeni plan and the acldition(s)
does not erceed allowable densities of [1ie underlyino zoiie or requirements governing builtlino coverage;
ancl/or
2. Minor adjustments to building or structu►•e localions, providecl that dhe density or
intensiCy of use is nnt inereased ancl daes not significantly affect acljacent uses; and/or
3. Changes in parking areas, provided thac zicfopted regulations and conclitions are met;
andlor
41. N1oclifications in lanclscape plans; provided that rcquired percentages of liuidscaping or
open space are not reduced below those prescribed in this Code or as approved by the .Ncaring Examiner;
andJor •
5. Chaiiges in use for 1 zone elassification, provided tliat documentation is subniitted that
the irnpacts and inCensity of the proposed use are equal to or less in nature than the originally approved
use or the surrounding land use as cletermined by the 7oning Aclministrator.
6. "1'he change meets the purpose of the ArterialfRoacl Overlay text and map ancl the
Geuoity -Iitrai~edr- Public Worl;s Director indicates the change(s) will mect roadway desiam and
~ constrvction sc<<ndards and will not dirliinish the function of the eYisting or future roadway. .
Cha.nges to approved site clevelopment plans other than Ihose listed above will require a public hearing
before the 1-feziring I:..xaminer. Any person aggrievcd by an interpretation regardi'ng the fve (5)
circumstances listed above rnay appeal saicl interpreraCion to dle Hearino Fxaminer under gec~iet~
-Pl-4 -i 2-04 1 SVNiC 10.35.170.
I 8. Amendina SDOk.ine Vallev Interim 7onine Cocle Section 14.504.060. The granting or
denying of an adminislrative exception pursuant to Chapter 14.506 is an administrative determination
I subjccttoappealsiis spee•ified in SVNiC 10.35.17(?zSeeEtaf. 9't:^-~.?84-k
I 9. Amending Saokane Vallev Tnterim 7onina Code Section 14.512.000. Application for
the types ofadministrative actions described in Chapter 14,500, Administrative Procedures; shall be made
to the Department on forms provided for that purpose. Any decision by the 17Epartmcnt should be madc
wit:hin thirty_• (30) days of'receipt of x eom~~lete application Fuid may inelude pro~~isions to miti~ate projecC
impacts. These decisions shaLl be subject to appea) to the Hearin- T;xanliner under procedures outiinett in
SWAC 1035.17NSee*:^n 14.4 12.944-.
I 10. Amending Spol:ane Vallev Intcrim Zoriing Code Section 14.702.100(3). Any person
aggrieved by an aditiinistrative approval or denial oF a height variitnce by tlie Planning Director may file
' a.n appeal pursuant to SVMC 10.35.170 SoGtieR 14.412. . Nolice of public hearing shal) be as
provided for in Section 14.402.140. 1"he decision of the Hearin; Fxaminer sha(I be appealable to t:he
sunerior court Getwc-i-l pursuant to SVN[C 10.35.1 IOfA)(1»eeti<»-4 4.4 12.012.
H. Amendina Spokane Valler' Interim %onine Cocle Section 14.706.060(3). The
following pracess shal( be used to dEtei°mine whether or not criCical materials are involvecl.
Ordinance 06-003 Amending Certain Sections Numbc.red 14 of the Interim Zaning Kebulations Page 3 of 5
DRAFT
a. An initial screening will be perfornied by the Director of the Designated Iaepartment by comparing the proposed use, and upon request by said Director, othcr pertinent information as provided
by the propanent at hislher expense with the Critical Vlaterials Activity I.:ist. The Directnr shall exercise
any discretion in judgtnent in favor of Aquifer protection.
i. If the proposed usc is jud„ed to be on the Critica) Materials Aetivity List, the L7irector
shall notifiy the applicant, in wriling, that the pronosed activity has been tentatively desianated a Critical
Materials Use Activity and shall requirc the applicant tn provide the Departmcrit with a lisl of materials,
including quantities, to be «sed, handled, stored or transporteci as associated with the proposed activity. ,
Addicional information shall also be provitfed by the pcoponent at his or her ex.pense if recluested by the
T)ircctor.
ii. After the review of the information supplied by the applicant, the Uirector may
confirm the desigmation as a Critical iblatcrials Use Activity nr nullify the tentative desi~mation.
iii. The applicairt may resFmnd by accepling the designation as a Critical Materials Use
Activity or may appcal, in wriCing, within ttiventy (20) e.alenclar clays, the designation to the F-tearing
Examiner; pursuant to the provisions of SVi~qC 10.35.17 12,041 of i~h-ts-Sede.
aa. 1 he DOE, the DSHS, ancl the Spokane 6eunt}j- Reeional Hcalth District shall
be notified of all hearing procceclinbs, and legal advertising consistenl wich Sections 14.402.160(1) and
14-412-94-1-SVViC 10.35.170 shall be accomplishcd.
bb. The Hcari.ng Etaminer shall have the authority to request additional
information frorn either the appellant or the applicaut, as approprirYte, and at their expense.
cc. 1n appeal proceedings, substantial weight shall be given to the Director's
decision.
iv. If the proposed use is not on l.he List, the Director may designatc the activiey as not
involving critical materials or may exercise (v) below.
v. lf the 17irector has reason to believe that, even thoug}it the proposed use is unlisted,
critical materials may bc involvEd, the Director shall act to dcsiomate the proposed use as a Critical ~
Viaterials Use Activity and pmceed as in 3(a)(i) above. The Director may consult wilh such persons as
may be appropriate to assist in the cleterniination. The Director rnay evenCually designate the activity as a
Critical Materiiils Use Activity. Tlle process waulcf tlien prnceed as in 3(a)(ii) above, ana the applicant
may respond as in 3(a)(iii) above.
vi. Lf the applicant does nnt have a specific proposal, the Director shall recommend that
the action be conditioned, or shall so eonditinn a IicenseJperaiit, witti the performance criteria of Section
14.706.080 for all future uses. If conditioned approval is granted, the Dirzctor shall review and approve
the project prior to occupancy.
12. Amending Snokane Vallev lnterim Zouine Code Section 14.806.080(2). "Che decision
of the Department rcgarding altemative landscaping shall be Einal unless an aggrieved person appeals that
. decision to the Hearing Etaminer under the nrovisions of SVM(: 10.35.170.-preeed.ar•e-orH~liiaed--iii
S2ei:iori-1-44i 9.04.4.
'I he remainder of the Spokane Valley Interim 'Loning Code is unaffecled by this action.
Section 2. Severabilitv. Tf any section, subsection, sentence 4r clause of this chapter is f4r
any reason held to be i.nvalid, such decision shall not affcet the validity nf the remaining provisions of this
chapter.
Section 3. Effective date. This Ordinacice shall be in full foree and effect five days after
publication af this Ordinance or a summary thereof occurs in the offic.ial newspaper of the City a,,s
providcd by law. ~
Ordirtatice 06-003 Amendin~ Certain Sections Ntunbereci 14 Af the Interim Zoning Regulations Page 4 of 5•
DRtlF"I' '
Pa.ssed on this day of February, 2006.
Mayar, DiFUia VI'ilhite
ATTEST:
Gity C;lerk, Christine Bainbridge tlpproved r1s T'n Form: OEfice of lhc City Attarney
Uate af Publication:
Effective Date:
~ .
Ordinance 06-003 Amending Certain Sections Nilmberec! 14 of lhe Intcrim Zoning Reaulations Page 5 of 5
r-~ CITY OF SPOKANE VALLEY
~ Request for Planning Commission Action
Meeting Date: February 28, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislakion
AGENDA ITEM TITLE: proposed Ordinance changes related to the nuisances and junk
vehicles. GOVERNING LEGISLATION: SVMC 7.05 and 7.10 _
. PREVIOUS COUNCIL ACTION TAKEN: The City Council has heard a staff presentation on the proposed ordinance changes, and instructed the Planning Commission to review the •
proposals and make recommendations on them. Deputy City Attorney Driskell provided the
Planning Commission with an overview of the changes in all five documents on January 26,
2006. The Planning Commission conducted a public hearing on the proposed Ordinance on
February 23, 2006.
BACKGROUND: When theCity originally adopted the nuisance provisions in 7.05, it included
penalty provisions. Those ' provisions are nearly identical to those penalty provisions in
10.30.150, et seq., and this is unnecessary duplication. This proposed action would remove
those, and instead make a violation subject to the penalties of 10.30.150, et seq.' This action
also adds junk vehicles to the nuisance provisions, of 7.05, and then repeals in its entirety 7.10
since it is no longer necessary as an independent chapter of the Code.
The staff will advise the Council at the time of the Council session on what the Planning Commission's recommendation is.
OPTIONS: Instruct staff to revise the proposed ordinance; move proposed ordinance to a
second reading for approval; motion to suspend rules and approve the proposed ordinance: .
RECOMMENDED ACTION OR MOTION: "I move that we advarice Ordinance number 06-004
to a second reading at a subsequent meeting."
Alternativelv -"I move that we suspend the rules, and approve Ordinance 06-004."
BUDGET/FINANCIAL IMPACTS: NA . STAFF CONTACT: Cary P. Driskell, Deputy City Attomey; Mike Connelly, City Attomey
~ ~ .
ATTACHMENTS: Ordinance repealing 7.10 and amending portions of 7.05
nRAFf'
Cl`1'Y OF S:POKANF VAI.,LEY
SPpKANE COUNTY, VV.ASl:-Lli\iG"CON
U12:UliY4NCF NO.Ob-AQ4 -
e11\' Ulti)INA~\iCE OF THE CLTY QT SPQKANF VALLEY, WASHINGTON, RF,PIrALhNG li\`
ITS .F_.N7'TRFT,.X, SPQKAYE •VALLEY iVlUN1C11'AT., CODF CHAFfiCI2 7.10 1Zr:LATl~i`G TO
.f`UNK VETi[CLES; i2L1'LALiNG ANJ) AMF1Vni.NG SEi CT.[UNS Uh TliE SPOI.'.A\TF VALLEY
iV11TivYC11'AL COllE SECTTONS 7.05A10-2011 REl1ATls\TG TO NUISANCFS, SF'FCIFICALLY
A.MFTDT,\7C: STCTIONS 7.05.020, 030, 040, OSO, A1VT) 060, ANll 12CPEALlivG SECTIONS
7.05.070, 080, 090,100,110120, 130,1.40, l_50, 160,1.70,18p, 190, Al\Tlll 200.
`VHEREAS, the City of Spokane Valley adopted Ordinancc 03-083 regulating nuisance
eonditiocis oia public and privafe property. Ordinance 03-033 was subsequenfly ainended by Urdin<<nce
04-038 and Urdinance 05-014; and -
`A'NF.',RFAS, the City adopted Ordinance 04-013 regulating eompliaricc with code provisions,
and
W11112E,AS, the hvo Ordinances were subsequcntly coditied as SVMC 7.05.010-200 ttnd SVMC
10.30.150-600 respectivcly; and VVFf_FR.F..:AS, t:he provisions of these contain some duplicative seclion..~, conmirn verhiage no •
longer consistent with City ordinances and proeedLires, and require revisions to ensure consistency and
clarity; and
~ WHERI!:AS , the City adapted Ordinance 03-067 regulatiag the keeping of .junk vellicles on
private property, wfiich was subsecluenCly arnencled by Ordinance 04-009; and
WH'L+"REAS, Ordinance 03-067, as ttmended by Ordinance 04-009, was subsequently ccidified as
SVMC 7.10; ancl R'NFRFAS, the provisions of SVMC 7.10 address public nuisance issues, and sliould t1ierefoiv
be included in S VMC 7.05, and
WrMREAS, the following cliviges afe necessajy to nrof:eet 4he }iealth, safety, wclfare of the
general public aiid the environment;
N(7\~1~, ""1-IEEZEFUtZE; the City Council of lhe City of Spokane Valley, 1Vashington ordains as
~follou~s:
Seetion 1. Spokane Valley vlumicipal Code Chapter 7.10 is rcpealed in its entirely. -
Section 2. Spokane Valley 1vlunieipal Codc sections 7.05.010-200 are hereby amended ztnd/nr repea.leci
I as set forlh belaw. '
7.05.0101'urpose and intent.
The purpose and intent of diis chapter is to create and mainfain a safe and healkhy environment for the
cilizens ot' the Citp by identifying and reducing the conrlitions that coutribute to iiijuiy, illness,
, devaluation of property, and the incidence of crime through the existcnce of nuisance canditions on public
and private properry. (Ord. 03-083 § 1, 2003).
Ordinance 06-004 Amending Nuisance itequirements Yage 1 of 20
llKA F'I' .
7.05.020 De.Gnitions.
I"Abatc" means to take Nvhatever steps are deemed necessary by the director to assttFeensure that thc
property complies with applicable nuisance urclinamce requirenients. Abatement may i.nclude, but is not
lunited to, rehabilitation, demolitiora, removal, replacement or repair.
"City" mcans the City of Spokane Valley, Washington. "Code eomoliance otficer" means a reaular or sneciallv commissioned ofFicer sa desianaCe<I bv the
director of'corumunitv develooroenl for the Citv.
"Days" will be cquntcd as business days lvhen fve or fewer days are allowed to do an act required by di is
chapter. "Days" will be considerecl calendar days when more than five d3ys itre allotived to dq an act
required by this chapter.
"17etermination of compliance" means aNvritten statement from the director that the di.reetor has reviewed
evidencE I:ci dEtermine that the violation(s) has becn sufficiently abated as t:o the nuisance violation(s)
~ stated in the vAluntary campliance agrecmen"mHse-e€vieWien; or notice and order.
"17irector" mcans t:he community development director tor Spokane Valley, or hislher desi~mee.
"Found in vinlation" means that:
I 1. A E#i4ieti-er• notice and order has been issued and not timely appealed; .
2. A voluntary cornpliance aiVeement has been enCered into; or 3. The bcaring examiner ha,,s det:ermined dhat the violation has occurred and such detertuination has not bE^en stayed or revcrsed on appeal.
• "HearinD eximiner" means tbe City of Spakane Valley hearing exvniner, as provided by Chapter 1035
SVIv1C as adontcd or hereafter amended.
"Imnnund." for the nuu-noye.s of.'this chanter_ means lo t;ike and hold a vehicle i.n leL-al custodv.
_`TnoDerable" means incanable of beina operated leeal.lv on a nublic hiQhcvav_ including. but not lirnited
to, not havine a valicl, eurrent reeistration nlate pr current certificate oCreszistration. '
".1unk vehicle" means a vehicle substantiallv meeting rit le<1st three of thc t'ollowinL criteril:
A. Ts t.h.ree vears old or older.
B. Ts extensivelv danaged, such damap-e includine but not lirnitecl fo anv of the followina: a
broken window or windshield: or missine wheels, tires. motor. or transmission:
C. Is arDarenttv inooerable: D. Has an annroximatc fiair market value eaua.l onlv t•o the anproxirnate value of tlie scran in it.
"Mitigate" means to tal:e measures, subjeet tn City approval,,to minimize the harmful effects of thc
nuisajice violation Nvhere remediation is either impossible or unreasenably burdensome.
"Nuisance" me3ns the unrcasanable or unlawful use by a person, of real nr personal property, or the
unreasonable, indeeent or unlawfijl personal cAnduct which materially interfcres with or jeopardizes the Orciin3nce 06-004 Anaending Nuisanre Requiretnents PaDe 2 of. ZO
DRA FT
heslth, safety, prosperity, quiet enjoyment of property or welf;ire of ol:hers, o.ffends cominon decency or
public morality, or obstructs ar incerferes wilh ihe .f.rcc use of public wsys, places or bodies of waier.
"Pers4n" meajis any individual, association, partnership, corporafion or legal entity, public or private, and
the agents and assigns of such individua.l, assoeiation, partriership, corporation or legal entity.
"Person responsible f'or a nuisance violation" means the person who caused the violation; if that can Ue
determined, and/or the owner, lessor, tenanC or ot;her person entitled to ccinti•ol, use and/or occuptiney of
' the propcrty wliere the nuisance violation occurs.
"T'ersoo(s) resoonsible for a iunk vchicJe nuisance violation" means:
A. 1 he land owner where the iunk vebiclc is located a,s shown on the last eaualized assessmenC
roll; and B. Tlic last reizistered owner of the vehicle_ unless the owner in the Cransfer of ownershin of
the vehicle has comolied with kC1W 46.12.101: anct
C. The lezal owner oFCbc vehicle.
"kemediate" meams lo rE;sCore a sit:e t:o a conclition which does not pose a probable threat lo the general
public healdi, safety or welfare.
"Vchicle," for the nurnoses of SVMC 7.05.040(R). includes everv devic;e canable of beine rnoved unon a
public hiahwav and in. uoon. or bv which anv oersons or nrouertv is or mav be transaorted or drawm uoon
a puhlic hi0wav. ineluclinf_ hicvcles. The ter►n dnes not include devic;es ofher Chan bievcles rnoved bv
hur»an or animal nower or used exclusivelv unon statinnarv rails or t:rac;ks. as set iorth in RCW
~ 46.04_670. (Urd. 03-083 § 2, 2003; Ord. 04-009 6 2. 2004: Ord. 03-047 S 2. 2003).
I 7.05.030 ComnlianceT~riet'-eerrter+t, authoriry and aclministration.
A. In order to discourage public nuisFUlces and odienvise prnmote complitince Nvith applicable nuisance
ordinance provisions, the direelor may, in response to tield observations or reliable compla.ints, determine
diat nuisance ordinance violations have occurred or v-e occurring, anci may utilizc: anv of the compliance
provisions cQntainccl in SVIvfC 10.30.: -
4-&4e~r--rFrt~ L4nlphftfia:, :tgfeetBettt~; a ' . . . ~MflieACe -th -r`e~aE+arts; • ~ss~~~et~c-o-~~vv~fl~ia»~nd-assess-c~tr~i•1-}~enaa~ies-~s-fttrEljer-~e(i-b), this-ebaptef=,
, u37, roest$-es-autheFized-by-diL E41fqtaft
^,--9t~eF-a l~~#e ~33e~t-by-n~e~i~ s-o~-€►-no~i~e-at~el-er-~#er,
. . , IHism3ce--.-iolREion,-seek-a-it"eiftl
:cbaleffienE-orclei-aQd-ehttt-,,e-r;e~ ofifible. . , g authei-ized t+is
.'-~-le~-tx.~~-se~i-es{~et~tl~la-~ ~ahe--flLt~anse-vwel~rtion-te-pet~oi-ftr-ec~~ N . atitilieFiF , f Ej/ :,iii :7.05.14 riv(vT
~
5.-lieFward-~-~efEie~3-st~Ee~e~t praw't~iAg-x~•E-r•el .
Eo p~as i n - t•:~ie:»--as a
fn-isfiemeafter eg-ense:
n';e-p _ . . . . +ece~s-sha]4-aot in-any-rruinneF
lifiivit--er-F2s a theP
~ i31t3E .
Ordinwce 06-004 Amencling \'uisance R.eyuirements • Page 3 of 20
nxA{ r
G. ' , , or-RIEF}` ,
s2ek-!e-a#-eF-equik#►le-r-elfe#=te-tibftEe-any eandafiefis-sr-enjein aiiy aets-e"mEtiee e" 56t..•~
f misan se-uie-A6 en: .
-
we-ta,
...a the-pf-ecedtwes , is-c~apter, ~-eeEer-may
ftssess-or-r-eeever addiorra!-~i•ui-1-pena-}i:i2s-Eteet-tEing-uiider this-ehaptee-by-leba! fietten -f-iec{-in Speliafie
6e~~istriei.1t-Uj, the a#i~2e-e€N3o-e i-,~-
E. The-pFe~isie~~_^~ ^'-^p'^-shell-in-He-w"&ersely aMet Ehe-raghts-of theak%,ntf-,4essee-ef
ecc-upant efany-pr~eper4y-tei-eeever-61l-c-eshs-and-e-rpertses-ineafid Feftuiffec1-b
~e~setreztu s ing stieli vtele~ton-
F--i-n admk+islzrtrrgtha-~+~+s+e~-of-tk►is c-heptef~ ttcefi~rer Eoe-4hall have ttte-~ctrthor-ity to -waive-any-ene-eF
mere-stisl-preYisiens-30-~s-to-avetd-atibstanfiErl4njt-4te-eaatie^ *',°~°^f •he-UcEs-eF eq+eks-ef
aptibate-er-ffivate-entity-er-ind: v:d, „l, . efe-ne
app -i sf:ued-testiekt-e ' •efira-nu-isatias -f:eWio . ef
stibsitmtia4 -it~a.it+ee--gl3fcEl-be-~-tade-in--wr-ktag-suppe4ied--by-ttppFa .-:a+e Ii r."r~tfpErses-o€-this
~:+rdtet-be °
-~-em~Eelttst~tet7-o ip:
G. T h e-p r-ev+stens-&f~':~ i n g tiie-eEkRtiEfaEioji-of eempl+anes-pr-oeedta=es aFe fie
jtff-lSt7ie• = . ~.'d- . . HfpOS g ~an e te rn.ts ~or.,pl„ _ ~I ..a
~L~.,~
be eenstr•Eie ' a • nsis-€eF 6ppeft!€e.fise-e#: al►y-kind=«ai;-a}leged iiuis, nee-vie1$fietr. .
a;l„F-. t„
~a"zt -fe-Fth--in t4iis ehftp-Eer-M-Bny-pertieti}ef c3t3se-sha4i Ilet affeet i.he~y's
attt.to-en#'a~ee Gity-nuisrl - ' ct-e9se-
. ~po»-pFesentakteprapeF ,......~dR«ls; wtth ti,o ..t_„c,.he-awneFif .
ft budding- . pui=sNant to a jawfttllyLisseed-inspeetieft-w . r,-entteF-at
r-easeiiable y'~ildi~ger-~r~mises-subje^f ~~.;=~~nsentror- pef&f~h e-datias-i+riposec~
bj, this ejapEer-it :s the ••k~~e-eity-eeuneil-t#3E3E-ait}=e "Fopefty f'flt-ti-ie-pttfpose
9f-}375pe6tt6t1-~81'-nujSan6l~Ft6laitffliS-bB-a66Atiil)l-t$h2d tFt-StT1et-~~.j
.`'sfif2£tt~E3C~-(=rOfl9tE'fl+NtS E~f1-eFh~t'-j'; tli4(~-~I~t~it~yy-F}~E~t2-f6I@ ' ~12-~fiadK-o€
e et sUPeFsea,. .e ?e-~-c-efl
1: T-he-direetep*iay-Fe:qcfesE-fFiflt-tbe-po':^°==~.~Te driet-,Spokmie-regic3ftttNjenlElr-disti-ist-e3r-eN3e~
$Ntr-efr-iat2'Gity'-dep II b fr€or~at-~et~
A3. The director is airthorized to detcrmine, based upo►1 past c;ompltints regarding a propErty, subsequent
field investigations, and other relevant criteria, whether a camplaint is reliable. Tf t:he director determines
a complaint is not reliablc, the director is not obligated to conduct a ficld i.mresNgation. (Ord. 03-083 § 3,
2003). •
7.05.040 Niais€inccs peohibited.
No person, frrn, or enfity shall erect, contrive, cause, continuc, maintain, or permit to exist tiny public
nuisanc;es within tlie City. Prohibited publ.ic nuisances include, but are not limited to:
A. Vegefation.
l. Overhanging limbs or branches that are less Chan eight feet abovc a public walkNvay or
sidewalk, or less khan 14 feet above a public slreet.
Ordinanee 06-004 A.mending Nuisance Requirements Page 4 of 20
D12AFT
2. Vegetation x}tal obstrucCS or hinders the use of aiiy public walkway, sidewalk, or street, or thae
obstruet~s or.obscures the view of tiuffic or txaffie eontrol clevices, pursuant to clear-view triangle policies
I ldooted bv t}ie Citv~a3~l~~~ed-b}f-t~a-~~okaF:, ta4ley-ptrb4;: :l;y'.~ -
3. Any groiNrth of noxious weecls or any toxic vegetafion shall be subject to Chapter 16-750 WA.C
as currently adopted and heresfter arncndEd.
B. Bui.ldings, Structures, Fences.
1. t3uildings or portions ttiereo.E whic.h iLre deemed dangerous by the Spokane Valley building
code (currenCly adopted Uniforni Code for the Abatemene o.f Uangerous F3uilcfings); prnvided, that such
. conditions or defects e.ust te the extent that the life, health, praperty or safcty of thc publ.ic or the
structttre's occupants is endangered.
2. Any fence that obstructs or obscures the view of traffic or. tra ic conErol devices, piLrsuant to
clear-view tritinF;le policies adoated bv the Citv. g . bber-lc3
EliFeCter-.
C. Sidewalks.
1. Atty prolrusion, awning, or overhang that inhibits or obstruucts use oP a publie wdlkway or
sidewailk.
2. -Any ubject; constructino, or damage that inhibits or obstructs thc surface use of a public
wall:way or side-walk.
3. Sriow or ic;e not removed froni a public sidewalk wittiiri a reasonable t:irne.
4. Accumulations of dirl: or debris not remnved from a public sidewalk.
~ I D. Unauthorircd Signs. Anv sign not in compliance widi t}ic Citv's currentiv aclonled sian code.
1-. r141-ttnauthef:izt .'g tniqfkings r deviees-Ehztt-afa-displayed-to~fesenitile-an e#'#±Fta-{
tfciffie se„„+n..tz.-. l der;2e.
2. l .l•l-u , , 'g , L~ or-d es4hak:trz-attaoh
tRaffi . E. 13uilding and Constniction Materials. Accumulations, stacks, or pilcs of buildino or constructinn
I materials not associated with a current, in-=progress project including metal, wood, wire, electrical or
plumbing materials in disaITay or exposed to the clements on lhe property. This prnvisiqn does not apply
to a designated coutm, etor's }'arci, as defined in the cutreatlv adopted Snokane 'Vallev Zoninu
CodeG4uipEer-14-39 e.
F. Fire H3zards. Stacks or accwnulations of newspapers, dead vebetation (excluding properly maintained
compost piles), carclboarcl, or other paper, cloth, or W%ood products left in a rnanner that coulcl pase a
substantial risk of c;dmbListion or the spread of fire.
U. Toxic or Caustic Substanecs. lmproper storing-or keeping of any t4xic, flarnrnable, or Ci1UStIC
subseances or materials.
1-J. Smoke, Soot, or Otlors. The escaping or emitting of apy utwecessary or harmful smdke; soot, fumes,
or gascs or odors offensive or harmful to persoiis of ordinary seusibilitie.s.
- T. Bodics of NVa1er.
. .
' Urdinance 06-004 Amendins Nuisance Requirements Page 5 of20
URAFT
l. Exeept for City-approved structures related to storni draina;e systems, all stagnant, pooled water in which mosquitoes, flics or otlier insects may multiply. . 2. I'he Folluting of any watenway, well, or body of water not subjeeC to the jurisdiclion of the
~ Spokane fRegional Weaittt dlaisl:rict.
J. GarbaDe, Recyc;iables, Compost; and lnfestations.
, 1. Garbage not kept in aproper receptacle with a tight-tiltin; licl.
2. Accumulations of broken or neglected items, litter, salvage materials, fuid junk not in an
appraved encl4sed structure, in ttic front, back, or side yards of the property.
3. IZecyclables not properly stored and regularly disposed of.
4. Creating or maintainiog accumulations of matter, including foodst:uf7's, tlaat harbor or are an
attraction for the i_nfestatian of i.nsects or vermin; failing to eliminate such infestations; or failing
to eliminate intrusive insects.
K. Furniture and Appliances. .
1. All braken or discarded household furnii:ure, fiimishinbs or equipment, or rtny appliances not in
an approved enclosed structure, in the front, side, or back yard of a property.
2. All accessible ref.'rigeration appliances not having the doors secured or removed, or any
enclosure Chat can entrap humans or animals.
L. Holes, Pits, and Excavations. All uneovcred holes, pits, or excavations noC markecl or gua.rded thaf are
in exccss of 10 or more inches in width at the top and four feet or more in depth.
M. Machinery and Equipment. Broken, inoperablc, accumulatians or, or parts of rnachi.nery or equipmenl not in an approved enclosed sEructure, in tlie front, back, or side yards of the property. This section excludes nuisance vehicles that are regulated by Ghap{er-SVN1C 7.4-805.040(R) TSVA4G.
_\T. Attraetive Nuisances. Any accessible attractive nuisance to chilciren i.ncluding, but not limited fo,
unattended rnachinery or eyuipment; unsec«red abandoned or vacant buildings, apen and unattended
vehicle trunks, or other unguarded couditions or situations that could injiu-e or trap a ehild.
0. Nqisc_ . '
1. Any noise or sound t:hat intrudes into the property of anodier person dhat exceeds the maxiinum
permissible noise levels as established in WAC I73-60-040, a.s currently adopted and hercafter amcndecl.
. 2. The frequent, repetitivc Ar eontinuous souncling of any horn or siren attached to a motor
vehicle, except as a warning of danger or as specifically perrnitted by law.
3. The creation of frequent, repetitive or continuous sounds in connectiori with thc startirig,
operatian, repair, rebuildino or testina of any motor vehicle, motorcyele, ofT highway vehicle or internal
combustion engine within a-residential zone, so as to unreasonably ciisturb or i.nteriere with t}ie peace
and eomfort af a~%mers or possessors of real praperty.
4. The noisy operation of any automobile, truck, motorcycle or other vehicle iri such a
nonemergency manner to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and
conti.nuous grinding, I:humping ar grading noises from trucks or other commercial vehicles; the engine
compression noise from Che unmuffled or poorly muffled compression bralcing of trucks; die sound fi•orn
any motor vehicle audio sound systern sucfi as lapc players, radios, an<i compact clisc p(ayers aC volumes
so as to be audible greater thtin 50 feet from the vehiclc itself; and loud, ex.cessivic engine or cxhaust noise
&om uamuffled vehicles or vehicles operating with inadequate muffler systems to prevent unrcasonably ,
loud noises_
Ordina❑ce 06-004 Amendiug Ni►isauce RequireLnents , Page 6 of 20
DRAFr
~
~ P_ Dust_ Disturbi.ng the topsoil of airy land area, or permitt~ng the samp, by ariy pcrson witlinut takikyg
~ •
aff'irnlative rsieasures to suppre~q and rninimize the blowing aiyd scatter uig of dust so as to unreasonably
dis6ur6 or interfere wiLh lhe pexce and conrfort of owmers or possessors oFreal propertp. This prov~siou does not jac.lvdc, pc~rmktted agri(apltura1 ac:itvities as legad nonconforming, usos or pmWt#cd agriculfural
aci:ivities in C'seneral A~riculfural zortes.
Q- Nuisaiice Prcrniqe,q_ Atry prcroises or struciurcR allowing or inaintaiiting prastitution, lewd beliavior,
unclenge consumption af aEcohol, klie harboring cf juvenile runaways or wanked persons, or where there
is the usc, sale, niarrt,facturirjg or clistrib~pdiig of any narcotic or controlled substaz~ce, or at wliich there is .
a paL'tern of criminal acfivity, are prohEbited nuisances_ (Ord, 03-083 § 4, 2003). ,
R. .411 irtnk vchiciL9_ or narrs I:hcreoC rbacecl. stt)recE or vermiftecI to hc loc$tccj o n.-p rivate RuL iE e_ttY witli in
#17e Citv liin its are oublic nuisances tn he abated as nrov ided in tli i s ch antee_ (Ord_ 04-009 83_ 2 0 04: Ord.
03-067 6 3. 20031,
1, '1'his chau#er does nat aupjv to; .
a. A veh icte ar oart thereof that is corii oletelv enclosexf with in a buildinL, iu a IikwfLII
iiiannee where it is not visihlc from tho ,trect or 0:h6r qnh] ic or p rivate p o rrfi-
A rfehicle or- nnrt thereo[' ihaE is sioee<1 or u:,r.kerl i n a]awfu] manricr nn p rivaf,c p rnoerLv
in connection w itli tlie husiness nf a]icensed' d isni antler oe licensed veli icle dealer_ and - is fenced
. accorcl6nL, io the vrovisions or RCW 46,8 0,130:
~ C_ A 1Lll7k- 1+eIlJCIe fI0e5 170f lI1Gl Llde, a VeElIC~e whECj7 is in the urocess of beiiig i-eaaired_ as
e viderkced bv Ehe izood faith effarts of the vehicle owii er, '1'his exce-ation shal l include 17avint! tp a to one
"par&" vchiclc. fmm which mrfis are br~ina sitlvaacd conciirreflx ,x+itli tl7e rqpar qrncc~s fnr tlic vchicle
hein~ exc~ared from comDliance in #his sec#ian, Ciood f.aith efforts Qf Iei}dll" {:t'lli inc[ude nroduc:inu
iilvoices show in ~ ~~nrk or an rf.~ n~jrcha.qcc[ for rcr~~ii.r nr rcn ~p ~Fiti on ~~~rtlyin 30 da~prior tn issuancc of ihc
noi:ice of violation. or a deL::lantl:ion unaer oenaltv oF neriurv i'hat ihe vehicle is in the Droc:ess o{' beinF
reaaired m7d has been ivorked on_w€tliiii 30 d.4y.9 .~~,rior to issuaiyce of the i7ntice nf violatinn_ This
cxccotion allo%vs ui) to 60 ds►ys For iFocrd fi ii:li reotLir. Unon uaor[ U44ise shou7i. Che tiirector shtdl 11 Ave the
discre#ion ta Lyrant one additianal 60-dav e:ccention neriod to this chan#er. Under no circumstance slial]
anv i~ood I'xiffi efForts of renair extend fnr moi-e than 120 davs_ after Nvhich fime this excepfion shal I nn
101120r aoDI%°. This exceDriou shal] xunlv to ane vehicie and one nturts vehicle ner narcel cyI' Iand ner
caie-ndar vear. _
d, T'lle'1"e 5l7aIl }3e BIlI?wed €LS e?{GeL]t10114 tO fIlE3 cl7ai)ter uo to two iuiik vehicles in LTR-3_5
anr2 'CTR-7 -r_ones_ so Inni, r15: thev are comululv sifzhlscrf~ened bv mnF.n I'-'tincd 'Cvoa.X oT .fl. Iandsc;lainar. ik
mainr.2ined GtndscaDed benil. oe fencing. as mav be reauired in #1ie currentiv adaated Zoniniz Code;
{r.,nnv rwtnF;,-RZr~Junk vchiclcs aIlnwcd bv this excenkion aro restrictcd to nniv thc iJR-3_5 aiid TJR-7 _
xC1nC5. fCJrd. (14-(109 ~ 4, 2004= Ord. 03-067 8 4. 201731- .
7.Q5.OiI1 Ynitia[ investigatinn.
~ A_ ~Clpon receint of a complain~~~ ev ~ . ; fiefd VeriFjcatioP should be made if possible prior fo, concurrent wifh, ot sliortly after notifying tJle person responsible for
the nuisance violation or alleged nuisance vinla#ion_ f Ax-, risk P.A~¢ vv.
-
~ s ~►}iser~~~F-~--1~t~F ~e--E}~a-~e~e"„~~. r r_+ku_....: ..~.~,,tr~~}t+en.~~~i~1~e~rE~-~~~
Ordina.uce 06-004 Ametidijig ?\Iuisance Itequireineuts Page 7 of 20 .
I
I
, t-~ , ~h~--p2FSOp •
f5n„_F¢ rl,e lnt+.-.F
B_ Advising i.nterc~s(ed pxrties af recei#t of coiii 1) laint andlor #-i cld i.jAvestiigation'
1. 'I'he persari respansible for the nuisaacc'violaiion should be advised of aily complaint, by
personal contacta j}jlO(lCr posting and rrail {return Feceipt eeque,sted}. Thf- lctter should sUtw ihat x
violation mav have accnrred_ but has not hccn veriiied. and shouid ask #he reciaient to contzct the nersnn
issui3lp'thc ]etter_
2.. The complainant shoiild be con#acted by phone tvid, tf possible, in persoa durtin~ i.~e ~'ielcl visit,
C_ The director witl recorcl all violations in a database systom, inclod`utg a iist of alI actions talcen on the
complain#_
D_ To #he extent possible, the direc(x)r sha11 clieck the City's reoordc atid the records o.f otheX t~;encies For .
previous violatians on the site of the alleged rriolation ort by chc~ owner ar ou:upant of the si#e ar sucli
other person a,, tryay be responsib]e f~or the nuisance vialation.
E. Staff underta]€iiig ficld investi;zi iions shall comply with the pi-ovisions of this chapt,cr rcgafding rzght
oI'rmhy. (6rd. 03-083 § 5, 2003)-
7.05.060 Frocedures w heu probabJc nuisaiiceviol2 tinn rs iderkltified, _
I
A_ Tho dixcctor shA dei-ermine, based upon infoivriation dcrivcd £rur11 sourtces such as f eld observations, i
t]ie statements of witkxcsses, zclevitnt docuFnents and dafa systems for teackiiig violatioirs azid applicable ,
y.,
~City cocles ~nd regulatians, whe#her or not a nuiqancc Violatlan has ocoweed, 21s soon as #he director has F ~
~ eeasonable cause to detcrm.ine that a violation has occurred, he or she shali docurnent the violation alLd
proTnptly n.oli~'y Chc person(s) respansible fae tho nuisance violatioo,
.8_ EKcept as pravided in subsection D of.thES section, a warning shall he issued verbr►lly ot in writing
promptly when a fieId Enspection rcvcals a violation, or as soon as the directar o#herwise deterniines a
nuisance violation has occurred_ "1"he wani.i.ng sliall inform thr,- pcrsou determined to be responsible i'or a
ziui,;ance vialation of the violation ajyd aIlow the pcrson an oppcirtunity to correct it or enter intc) a
~ voluutary ,ca«iptianae agrccrrIfnt as prqviderl for by #his ch apter. V erbal warnings shalI be logged and
follr}wcd up with awrirtea v.'3J71i1ig W1tYilri fiVe dByS, and thc site shall be re~impecigd urith.ir.L 14 days,
. C _ T'h C g111dClinES sLt fOrth FC}T wa,iIlll1g5, IID#11CatlQriS a-fld P~i17SpeGt10115 8PC i10t j uYISY]Icfi0n81, and ['ailure
io nneet i'hem in t►ny parEicular case sliall not affect the City's authorily fio (m!'orce nuisz►nce provisions
with regard to that case,
D. NG -warning need be issued irt emergeii cies, repeat v iolakiaKx cases, cases t.hat are alrexdy subjec;t to a '
voiuntary compltance agTeemen#, cases Where the vialation crcatcs, or has c.reated, a silxpxtion or condition
tbaC is nat likcly to be c.orrected within 72 haurs, or wlien the person responsiblc for the nuis=c~e
violation knows, ur reasonably shauld have known, that the action was a nuisance vialaiion.
B- Nntice aiid Or[iCrS StIOUId bC 155ue(1 in a11 cases where the directnr deternlines tllat Oe violation is
unlikely to he fully corxecftd witFxin 72 hours, .
F. The clirecixu r shall use all reasonable rneans to detcrminc #he persoFj actually responsible fcjr the
nui sance violation occ:urtkng when the property awner has not directly or in directly cau-ma tho v iolatioi~k.
Ordinance 06 -004 An) ending NUi&-uice R.equiremeuts Paae 8 0iF20
DRAk'T
~Ci. Tf dze violai'iou is nat corrected, the directot shal] titiliza the enforcemeli# nrovisions co3itained in
S VM C 10.30 as ado ad or hcrea~'ter amenclecl to oblain comgliance ly;th 1.he au oll cable code nroviss0 Fks,:
ef:-ft~a-~ fl#UFy-Garnpl-FWuC-e-ftD- Zeenejit is-1 O* etap,-a
19 n+:..,, .d ..wa.,_ ,.l.....,,~ :55#~~-FtOt~C#~f}~Y141f~lF}Fl-133f1'~
be-1s5ue . .
H. A]1 complainants wi]] be asked 1>y staifat tl7e tirno thc compJaint rs fj lod whi~thc~r thcy wislt to be k-ept
i(Tviscd of comnlitvice enF&FOenlent-eft`arts. Aiiy complainan# who pravides a rnailing address and
requests #o be kept advised of corFL r)lial7c.e ^..;l e.ff7'orls sFLouI d he xo4iled a copy oF ali wriQcr)
warnanr,s, volunt~uy complimice agreenients, €et-ev vf-v :~9, and notice and oi-ders issued by the
director with i-cQarci t,o tlwe alleged violatioR. Any compiknaa[ may appeal a <leierm.inxcion of nuisance
~ oFClimance compliance issued by the director pursu$nt to (Ord_ 03-4$3 §6, .
2003). f7_. r, . c _rt7n 'Lr._ i m . n . ~ f r___- g•- M .
V .'1}±#a;e W i.---- _ :i'e ._etv, a
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vi.:,dide~:eribed iii Wc
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3.:=he-VoEtr~e . • PaRed
4)r-c~pi m af. vv, i-q~a3tLed y-tht~-d4refaor-1n-emterrs ien-ofthe-t4 rne-Amit-for-t:o~p 4aRew, ' or a
19E}~tf6R-fi3~tl]E-i~e{~k1-H-9d-69FFB6~kie~fiti9H, 3}d~39-gf~e~:c ~es~• ~v~
. . . . - s-shown-drfe-49igeFrea-OF 3-1+65taR44 -pr-OffFe$-- in
~r•~e~i~t~ t~3e-~i~4a~i~a;-~„+ n .,-.n+.,,.n@4 , ...r,.r f.n .,,,d t ;...n,7 u„der
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B-'-GF3ifiteF1t-.5: P7&-ve 1 u 1i ta[ j' " . , , a o
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sit^, ''~te-~o- i r~r}~aots-o-f-~lie Ve 1 UB " 0-0 FR Pi ma+~ .
~a 41o~ri~b .
; `''~tnc~-a41ck~~ess-~rf-t~a-pa~-~~ri-respei3.s~ble-~~he-n~ti~~ee-r~i~l~ia~ 2- The fWdF-e6kre,Ft~ert~i~'r~ai~ior~-c~~~~erlvs~~t~n-~f~~a-r~i~i on-,
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Ordiuance 06-004 AmcndingNutsanue Requirements Page 9 af20
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Ecap~„5;kie f &n . ~-ndmt~i¢ r~F~v
eem plfliftmBe-krg~enle„+ a :.,t.~.~ ..,t;f„t..d .
. nee-~-ia4R6e
iqet+ee and eFQer Fer~:,-~:~~--i~e~i~ied- i~-t~~~o1~t«t~}Lcafx~l~rxe~
at+eement, hEr, A:~'-~,- "'d ff i~rizstra#ivz4y-appeat-aff ,
„ ,.r,f,._} „h..i
. b •~'~T~~~$~~~~~ .
iE-Ft9t-o@i3TplEk4y-Fliet~ --#rn4--&R
tv-oe~-of4ime-43as-Rot-beaR g- , . . . ~
aba#e4ie-uie4€Lt~ ' x~. ~*~r-eealefft, T=ke ~lpeF:SeFE feSp$FF;J3~E:'~'O~ $E1i~i~341fi$ ~ ..r:..,. ..P . ..I..r:,._. ,.i:,.,. . _,1 . _.I,.i `
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be-fl33eSsa.j... . nT+,. +kn x+,.F ~.rto ptuffmsx~
. wk~
~-eellient i
R@t-rfret a4&6M . e~iee-~~iefk~~ieri or-r~totit~e~xid-&de~vras
l.,...e U.,...e fi a.,d ,.wf,.__. «he-4#i{'t-Etie-YOIElA#o1:~-&o .
rder-
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•.f " "~"~"W-zPf`$$Fk*+VfflO$-Ftb
? wa_ °C~~t}Ee
z~ -Auth A-1T 1~l. ,
plvy~ieal , . . assessn;etar-,
. . ^0
. 6r-re e%ves-Rk'd-WFi-4 n,.t;n.._+i,nt_n ni..+;n., a.,45
~kti~s ew°,.°,.~F,-n
sErbsequent--eoFnp4ia~ . eDrlties-64-tkris-&hapterj
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OrdEnance 45-004 Amcnding x~Tu~s~in~e Rc;quiremenls Page 10 of 20
.
naki
, Ehe I ` • . .~~f ~ _ . . .'~Y`'sStr&fl~6F t~itFkf~l:~c ci:'~`i$~Y0n, 6F#~ppeftkk,:. n e ti e
ttg~~-'#fi'
- :.I.,+::... C j}..1 de#..j....I..,.rI ,.r. ♦1.,.++l..z ..1:P:..~.,, r].s..,.w:h.z.l :k. rt... a,.P:..,..nF..:,.1..►:,.., 3N-Jiste
" "+"'.""T " ~.~2 , at-F~e-r~rted-}~~r~y-is-~i~t~rF~-~~s-r~-~eFS~r :es~err~bE~--~or• _ ft J~tti~rrt e-rAe4ap+e31-
5.. ' ii-penirl"reates-a-fapeFS&ns
~espatrsible-faF a ji Li i;ail e evm alat.,... .,,k,. ..er,~e~ . ...~aRee ,.f C~st; an. T-ire e€F~vv v;4.y .
t3ti-E1C~'1L}-,$R-3L' y`a P^cnnft#$$~, dfk'f
.
;,pp..1.`. -r~~~.. ln rgw.tl .....r.,a...:
. } -,~Otie~
ttn ci-ol-der-te-aFi}- pa " . . . . . . . ~
1- 1=~e-~d~ress~whe.. i.,b ir,, ..ft,.n -AelatieR5
A '.vp!-deseriptk~jeF~-mhere
~~k'tdLf7~kOR-4OOl:1FFEY~O~-~~S-I~3G~~6 , . lsY 3ellll~9ell'7 -a!~ed -
3-.A--sta4effe .
g a
r k rh.,►a.,-.~ tl. +I,
cn$--N~$t , . vmelatiei. . .
t~puty-is-su bjeet-ie-a-eivil-peexrky„
2"k ~AL[~Tl~l~r'CYY4. }
~-~tssess e~cf---~4~res-~r~t~a~ie~e-a-per-sari-#`a~~~-fo-~e-re~ porrs i~b~ e~`ai~~~r~risa~ee
...iol atio .,,f ,,;n ..r ,,nF d„+,. f.. . 3f
L~e-ptitid-v~f~kfi~
~iiy5„ tf-LT@t appealed--~~&uant-:~e
'7, A :4ft a3eet-~e-aoFmc4Ve-eE-ab1Lte~aFIkK-9~~q4Fe4-#e4)e4ek-err;
. e~S9a 31 a tit~4~ t:btk6'Yo, vrzm"t'v`e~ j' -i.'60td .
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.'tli":".., &A- te~trr.~~E-p~g6y~-tsdie~k~]~r.3-crpeFS~~ fespenafble-foL=a-n ttisaase
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Nr~]3del: t~is-sh",i Qrclinance 06-004 Amenclin~ IN uisance F.t.equirements Page 11 of 20
DR.,AFT
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Ol`dliltulCe 06-004 A111ei1diug Nu i5$nCc RCqujremenis Pa6e 12 of '20
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bei b-~csszs~sed-pi~~aertt-~o-S~=1~~G77:t}-5-~40(~1)(~-}~i~el-tf~a
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assessed g direefe&,
7. :'t s . . ..~ndei43is-el3apter-dfles-not FeHeva
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~-t~s~Ee~eFrl ridvispn~ t11~FiF c~ny-requ•i~ac1-wt~~l:-is-tjQt-ee~~ettee . . .
. , c-lfeir! a6tEemeAE-ordei7--'r-om
. . b , ! abateRiefft-or-der; die--GiFy-wwi,l •
aba~-fl~e-~3~asa~se; ca~sa~e-~r~e;~~o-~iereEe~e; a~d-cEi~-ge '~he-c~est~-Eb~rz~l'-tts -it-~ie~:~~s#~t.~e
. . . ~~se
Vielatiae;
tb-..! ~ i_. , ' . ety3a+d-ofi-~feFe-the-d-ue
dateetel,-~ay, eliaFge-the-e~eid~~a33etH~t-es-~-~e~ba~~asE-dae-~x~per•C; 3M :~tt~s~ee
vielftti-pl; • c-t-by--a-persan r2sps . ' . vielatien; -a+~d-a$-a-je ifit-and
sever-al-persenal-abligat-ie+3-a~-trH-~e~se~s-~~s}~as~bl~~.~
_ i
..ti
. . . D . . . . ,
• a ' tdee-is-FeeoFdefla?-appea-k-t.he-fieEise
a~~!-ordef=to-t~ie-I~e~iR=;e~a~-~tiAep-v~EE#~i+~~8-~~s-e~~~ie-daEe-of-sen~ie~-F>C-t~ea}oHee-A:~-e~erptjrsu~tt
. . 190t
. .
: l"++deF With 114Na-aPP4iofrble •
, 2. .
, ~i~~e-~~~s-fe~ders-Elle-~ot•ise-aRCl-or-efer-o-~tr~~r!-cleterrttintNiei
H,66ee~~ler-e~is~.~d-r~c~-~so~sti~.,ted-f~3~jst~~re~io atici . . . liable
$-PePSeI!-fe se-~we~~ttiet~;
3. atemefit advising , . , 'ela~ieR-ofhisNieFdu •ty-to
aotif~43o-diFeetei-of-2iiy-a64ie+ts4akei3-te-tis#»eve-conipl-igtnce-wKh4lie-iiaEiee4ejj~4-er(ler;-A*(4 '
st4ement . -ien m$y43e-ts€afi:ed-te4hc affiee
. Supplementa6en, Reveeatieii, 'aw.
: 'Fkte-&r•eeEor-.may-e<d4f),-reve.e-in-Nrhole-or-in-pafE; e
' a . T-lie l)1emeiitM-iietiso-Faad-or-der-slicH-be-~e%,er-eed
^_--4'-he-direatof-inzty-issae-a-sttppEei-nent•it!-nofiee-tiii,+t~rtler, issued
.,~a°F th-iSapter~ '
3. ifthe-Qr-ig~}n~rl-aotise-and-oFdee-wtzs-isscied-iii-er•roF,
t . . ~e-a€~stt~t~st~c-es;-of
rde • was - t-4e-naii3ed-
Sach-reveFa~ien-er-n odif:isaEieFr-st3a•N-4deft6•€y-4he-reasoij
Adistfe4ve-Gefi kr•aneL.
-idi
J at-ar+y-4.ine4orAt2-ptifpese-ef-Aei}g-eef.w.fjLHrieatte o
Ordinance 06-004 Antending Nu.isance Requirements Paae 13 of 20
DRA1+ I'
rt+io . .
fai,
su ~-c;eri ft r- e-se-,- . k.
. . , . , 41-r7:..d :.,,;..i..e.-.,dF ndz., ,
6~e difee#eY-rnfIy-Us&-tb
ei,.+:.._. .,i...,fe th.. 4`3OlAQ11-Hf14-t0-69iii*r8 «ka . n.a. s, ..i, a:..... .,iri . _.a,._ ..i.. , wa:t:..n,.
,.7.7e r.,a.._ ti,,. ..~ftFt#!$S-44-4h°o=ii.quiF£d E9ir~~t „l-1r
e ,.empltted-wEtliifl the tiFne "p,.,.:f...d, t2.,. ,~..,..=~Y~ r..: ~ :~~]c~r~~i~i~~rb~~et~te~~:-~i~c~er~►s
by:diis , ~GM.
~0~90-tl-b att me €rt-
~rr-~t~1~~4ie ~ti~le~-ir~~:[~i~--~~rp►a~~._r~:.-~_ na~a wi#li
N. S-mergei~.~ tl3 ..~.n
3i11'mP.d-1ote-tll2,$ a . o---2.t~ r1Ra f-+i}.
aTtd tflfty E"~40F-n$tie° ..h.,te PI.~ ..rl:r:..,t N.t+:.... ..L. ..l..R..__......1~.l..,i:....~ ~1... ,
~
FeaF,eiq-feF i, gi , asAle1-4 e-via] ageri-as-se r; v s v:13ke-after
dle-abUlP,FfleR4- ,
a_ ~d-'r "a~$m on t- 'Fl. ie rGi IV- FF11Py-5ce [{-rkldieC~ , . I
w-'-:..fthes-to-be-a -viela4an ,
" 3
7.-05_ ~0 Serxiee NeE+eeef -e~~r1~Ei~~a
E°nL;2 v ,.s . ..,,.tion-a r-natice-and-&AeF~sba :•F+1.,,
,-~;-sen.al..+ nt..,.. ,.c e6.~~~iue
. -~i . . , ~ ~--tr~'
' g.r...___a:.... Fd&F at thb rE.... ..Sr. I..t,..... ..F'..,....,1 ft1,,.~.. ' ' i
5U'kQbiE " . `
a
~4--.T~+YeB-f~ai~6t$d-
#~~-rtetaae-~rf--v~ivlfftEO
s p 1 ftee eig ihe prexpeF~w4er~, u uiEktien ~ ve~a ~ . ~rr-a rna+14a~add4=ess-FS-&w4iabl&;
Fket
. v_ n TE~` .
eepi . e43~ezi6ge-prepE►id,~v --the
, ~H!O :.e ifttioattAis-ar•-her-4m s~-krio%vrt-add Fess, at--t4e--~4dr-e3s uffhe
~a..,. ,,a~eS~+~,a
.i„~.a „fk„n:...~~~, F .22 -J:~ie~rr
r
3- . . ~~2r•
address . -en
....,.d. SnM,.e--~/ m&i44~ _ e;.-d{ty--the
. ~f 'd:,.,,,tieft Qr--Ftotic,~aRd-ordeFl _
1--ge 4--of fliAl~.;
. :es v.
iaqi
...,.I :.Fd.t....L,..ll .tr : ...l:.i,.1.. ..n";'o$e$~ng.S-as ro a r, ,a..1y s a:f 11`1..,a 1l3 0173 C 1'1 i
I'5~5~5+5 J 4
Ordinance 06-004 Amending Nuisance :R.equirernents Pagge 14 0f 20
DRAFT
' ~0-5~2-0-0b~~tio~s-o~pa~~~s-Fe~s~b~e-€eFntf~~ee-~eka~oi~-
A.-EE-sha-14-be-the-i:asp . ' e~aH+etisanee-vtelati0n-to ,
b6jig tEre-pr-epeftyZoriipligr~ee. Rtyinew efa+vi-}
pznQ4ies-and-eomp4w3 . dee,-, , ~e~e~#'er-~-i~g-tlle-co~e~Ei•ve-t~or•k
ing ' eFE~+-br~trts t~~Ec~-c~c~~~~h~e-t~~ ::::f~ertr
eiretiiiiqtftfieeg.
~e~,e~~-detzr•~i~ec~-Eo~e-Fesp~R~i~e-fe;-a-~+saflea-wio~a~i~R-piu-sr~crr~t E~-e~-~oEtee-o-f-~ieltti~eere~e~t~e
and . ayt:etznt-af-ett3Y-ervr~-pe • . _
tw~aff.~} . . . ~ein tlie4atEen-was-trltie*
wiflieu#-~-owie - a . enle0ffe-~G6ffg-UR4he
ewftr-'s-~ifcEf,-i~.i~►~~w~e~s~~ErH-be-resp~iis~b~e-~nly-~~r-br•i~~i~~#;-the-praper~;~Fti~-ee~r.~~ee-ie-Ekre
. . . ~ ~ eiiij, these
tt~t2~et~l~osr~a3ecess~ry-t~-bA~g-t~e-}~pe~t~-i~t~t-sa~a-ae~i-Fet~so~~tib~e-eon~t~oFr,-E~~-Eleter~~ji~eEN~-t;a~e
dir-eetet thc~Ey-Aie-eiviE-petttrkies-~3a1-1-be-ass , r
~1 ~rT /r1..a. ~ n~ n3 c ~ 2nn~~
~ 4~~--E}~ifl i,~ ~
~
"'.~-05-=-3(?-De . ,
d4eF - ~sst~~e-e~e-~r•~m•iia~nott~e-~~vio~aEio~volu~ti~~iy-sa~ip~~tin~e-t~gree~r~ertt~ia~c~tieeatr~d-er~}er; t~+td
. . "2 1": ,
die-dir2eEer-,-the-4ir-zetep43e414ssue a wr-itte ~eEeFnii~etieii-ef-eei~a~anee.=4~ie-direeEcir-shet#a-iijai•E-eopae5
. Eieit-p2i~se~►-ei-igi~~klj~fKj3ed-it' . veluntar
a-r-eer-nent-,-qieti rn-lei-an-l-y-serti ~'-ted-quai.17-f ve-"y
F2L'ttCi3-C2C'81~3E-F2[[li
A. Assessnieat-5eheciirle:
'_--Civ+l--pe nuisaneevielatiens , e4ial-pwpeses-an"W4
eA~~►-~io~ti~to~-identa~~eel-tn-H-~ot~ic~e-of-vielaEton-ec-rto6ee-trii~MeF
pt+t~stit~tri.~o-d~e-€~rl~~w}~~sc~~edt+4e=
2. The tetat iaitial petifilties as6epssedd fiet: iiiettiee e&d efder-s PtiltStIffilt te tWS 6hapteF ShEill apj)!)
fer-lfjeflsE3B-At►Y-peried4'eNavAng tssuaflee-of~tbe-order; unless-tndlFier-t•H:n:, i)er-iod-is-speeifred-in-ti
aeEtH~f~ai7-e~~t~~~sflae-~~ee~e~t. '~-,f a vo:unter-y-c-anipj+~6c aa eeme»t-saaot-e~iwad-itite-wfithifr-c4ta4
t-ime-pe ' , . - , . . Feent-Af-t#e
iftitial , e peflft}Eje~; cdH he-EtB.vF1-5-thkf-peH9f{-3hf1R-b2G-p0 . f r. t1, t „ C
t,he-m,4.ia4-penft4ties: 4=hc ix4e„* ^~-~;t;is sul seetien s-te-iiic~~ease-pena444es-beyeild-a-ke-nze:-iFilu4n
pe., ^.,~esstated-i-j: . . . .
eeFeplitrFtc~se:
~~oEiee-ef vielt~t~~~;-sl~~~l-be-scrbjeo~Ecrr3-~~e-t+me-pe~t~~t~y-per-aiel~i~e►~1-i~-d+r'r.e►ar-fei-~~ts
f~ti~~heFi~y-ECa-issu2-a-~ trbse~tte~tait~tic;e-€tnd-erder4'tar-eontaiicted-norttionip l-iftrjee-Iei-Nittt-eveljh addiEietittE
pettak-.:.s ~`r~-beajr~pesed-I'~e~--pc~rpeses-of-~ssess~~ai-: petittk. , .
~;;~iiib ttft~il-t~~ere~t-respe~s~rle-F~r-et :tH~t~f13ift-vt6Lflfi4F3-hft9-e@Ei32-tfff@-eAtftpl1afiTEe with i~e
~
.
.tx-e „ .:d.. ,.r.. ..i-
- .
% .
ithin . i£-E-9~V-18l~30H-3L' A9tf@8
and-nr,der-'rf eof-appeuled-Payr»ent ef-t:he-er,,,P-peafllties-assessed-rrnder-t-his-E: A"Ee"ees-t3et felie+te
Ordinance 06-004 Amending Nuisance Requirements Nage 15 of 20
DRAF°T ~m d-frLF,a_raS..nnr;bi., c RliiStIliee „i,.t:en .,Rt-k-e: har d„+,. n V ..i.,+:n.t
ntIla-Ivv... "VVV:u Ohap#er; ~
kes-assessed-pu . ;,---4EMa
. efistbk-€al-&+iU+5laf:e? . es-ri
--MP1=_,..n ..gFnn tieur, neffdties-shilI~-b WFft-ts-&i`-the-ValetRtExy
. eci mp !jet t;e-agpee..-, .t ;f ..+:v ,.e-wel uKk:/ sej:nplia~v,. agmem.ent
..~~.tn.. ~
_tmi.'_'_ vYe,.~.a.~.~: r,..r_ 1. Civil~^ '~ri~sess~-s~e ;,e-.•~#-peFserr€debk ~ti+iert-iri--all-pemens
;;ble f F
nddjtieni r^lie~i--E); -~tny-ot-he-s , . . ~ I
peRaltie5~; tke-Gi d it:,r.t:. ni.,.. 1 :a., aga4)4
tkte-ma1-pFep-o . 5 sessed-um4eF4..1,....+„r :f-t,,... ..l.,f:,.w ; ~~y
,.t.,r,.d r,. tn.r...&.~-~. n., ni, i-..w - . i..
~,~-Fer~e-Med-wadep-Ns-el3 ,
dayq . ri a--responsiba~ev -rj el atie.n. .
FdE$FI° . t4~e net-....~. 4 yieltiCl~~i~vc~v$ ,
13, EPfiP-@--_ TE,A .J: n+,. dis .t~.,. ,.d i.. .tK6vv-li-P9 . . l:~+$1#
fl...+ „T..r.... ,.:..,'_L. ~F!'fLlf'1$r~_..s ..I+ .tf .t+:.... ,.~-`..:,.1,.F:,._.} -•{~~'Fb'P.'f,i[i~F~$ir# ""~-.r-c~~'"`ii~''¢"r~ : :3~
r rr }~t.
FFt~fiLiFt't~5em4C~
~~,,,...+~.4 ,.7 ..;7,.
PFEiet-tste
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61+ : .wt ,.n.:ted M, .rbrt~er~~er+~;-Fa s~r~e~-le-~le~r~-u~-#~ie-~;t';•.~¢
~~~nt-v€s~ Fnfnui~it:ev •,,All T-e~tse~rktbEy-Fellxte-t~-# agFti-
thevialater, `Fkre-i:tkte ~i# ~hizkrn :l Penalties _ -,r;,-A-,.d ,.cr . ,,e_ t,.: .The
d4-poetotj-sk..1 1 +.,,E.. ; . :.r,._94t&r:-#herseVe , , i-twcE -
.
eFttS-YA-6 8119idOARg . . , ::3iiiFn#fki"F'.-iec-FFt4ie4f0f-]}9'}'FR'g
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th
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diFen+f,~ n a t,t,. :vv ,..~r.,. .
}-,-Re-d.ire~tw--s Ft'tve-peft€4ies,--&nd - susli
.
~r i1 c ~ c rl r*...,+
v,.,,. l~'.
A: 7fi-ildrl.;+:.t., fo al.a .tti,,.r . n,a:n.. ,.:7.,W,. Ree .tF., .,,,r:,... ,...d .t.,.a.._} rt1e
•f:_•.,•rerrccror~"" "sr~'rtiH-#3huT-be4ht-c9-. . . . Ft~~Y]f3L~~~E~~F}'C7Off~Ef_,. . .tlnt:.t.. a7...
' _ . . as . . • ,
I eY.de;-b . I . , ~ , Fe6t,--~c+~rTe~ t~~ '
wfi...,:.,rT,~kt i.i$iiA~ ~
Ordin$n[;e 06-004 Arnending h'uisance Requireolents Page 16 of 20
JL)R4IA"T
I h 2 .-.,:.,0 ..r....+:.,.. D;..,-.,......ti CCc« , -PtUaOFFFlC~
evnple~lee ,
ia~c~if~a~--Fxs~~e~o-e F}€a~se~e~?e~i~s-e#~+s-ea~~y~ei~nid
2 ~ - wz. z+1,a •
. f~ , . T=rE#!i='rEt~ 1~rr~i
th$-3hat8 . . _ t}$R $f--9Rji-9bat$Rlei3t---4"f{3r-,':, Ehe
c~i-r2~hor~s~~-prep~r~-a-r~por~speei€ying-Ae&l-tle-stsFi pkon-ei`-Ek: -eft! jp~epemy w;~ :#fe-
} nft,,a , n.I..,_ n,~_nta.-at
a ~e ~a -i- ~e~ - -
Reemed- a*d .
x:-tl~rt~~~l-~xperrs~s-~d~d-t=.o3t;--okhe-Qiy-`rn-pmpaeang-f iet3ees, sp eetG e€rt+eH:~r~e~~:;;
&#$£?C~it~}~E}lFt~~ UF~OII~il~lCk~'St133L~-tflS~~#l~Fft~-F~i~-'4'fQC~C~ NFlf~-~2-#6~~5~~~ 1~
.
wailiAg p~, . a, f:~
a
He-ar►d7payrtb~e-fM-days~~Frr~rr~i~~~~~f ~he-r~rveie~
~Fl~}4E~s~t€F7~~~6C4F11~3lF#2E1~-ltT2E~E}E-kth ' . ?
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ssed
F"' t3 . : `3 7.Ah tji e p FOV ii~; ieii
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.
bf: .
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4es-.-~~-~te-`I-3 e-~1~e~-wi~~-~he-~i~~- tl~e-o~er-e~-re , . . , A .
S4k$~C'~ft3fFY~}F-~t~Ft-t~l#~]~~~-4ttR$9't~$C~-~F$~.f.{~~ti1: tV «„r.,nTt ,.,...,.gnd ..d_t~i. A•.~, n l;a.. 4A
AOCtBd 6 .
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NeYLifl-0 Mem&-c-~oNecE-My-oiv+l-perra iti2s.;uE-j
. , (Ord- 03-4M ~ 16, 2903)-
~x nc A 7n 7Pi,.;r......,, ni-...r.....n.,« f~..,.,.:AE)FjZ d- ~I
'1 FResimeS nTl°Gr°d t;,.nF-. n ~~+~~}~~+l~eHa~~%ee-+~ri~-for~rrba~er~terrt c~oat~-~~r~c~tH~be
, atian-ef-a~ ,
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Ordinance 06-004 Alneitding NUisanca Reqtiirenten#s Pa-e 17 uF20 •
.T)RAF~.' ~_'~Te~te€r-P+•'~ts~fe~eoAe~
AltppFSOFrWhe-w4lfu I ly Qi: li newi 31 g • :e.z, „ teF ~
SSI . _ . .
. va nn d..,.n G.,..1. x
6,sven-oonsec4~---'~ n ..k t ni..+;e.. ..t;x„n,. .,b .,,1 eeii ,,:d.._...a _
e132eEH4RiFfffl3a n g All ..Itn
. , .
5-6114ipteF-6r- by IFE ~ , efid . . .
. . fl~if~~Ft~flS~]E-~~FSA39-~S~$33~9 ~~^r" ^a n v"i-$3p ww '!'^mrl^a~'rna
wf[efi-ttG'd4c$t:.r A,... .1,-.&,.....3..+..►:.n.. .n ..rlt..r .:,7.z...... PL...G «1.... ,.1
U
. ^1;f7vC,v iC1f5 .4 za. d .
_ ~--~mi~nfSkuLiw-~~~ sv -
. , fiiid F-'--'tFie I
nr
,.,..a th.. . ,..~e~-v~iskw~e~e-:..~ t.;:.l.,t::.,. .4 :,.n ,...;i .,~r,.
„ ,
, .
,
ar„t-,.e ,..,d n,..an..
_X-o&FEf4filii . . .
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2;A-peFS&R-W~&40es }3 . ,;ee4i-Dn ,
d,E~e.`'x^€t~MtikV2z5 (!Hi4iwg-t9-appe^ i . ..dar +1. I n n I.,...+n n -
n -a .t+:....
, Emd-orki; oY4 s44e-EPVAIa., :.ftka 1.....l ,Ni,r,.,r, ti.n . n,,.~.n.. ......d, d
~ app . , ;v Aireeter . . .
, ei-f-seT-..:,a ef +ha , „+.nn nf n+:.... ,...d nw,,,.~. whe ' ~iippet~~~D t~e
r4ewiffT4flali .-Of- . . - 'y
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Otdin3ncc 05-0 04 Amending Tluisance Rsquarernent.-; Fage 18 of 20 -
nRAFr
~1, '':'~r~-~r~r4~iple-€~e~i~es-t~~=~io~aEio~as-o~not~es-~~cl-er•~er _ s:~~~
fG e4 .,st;,,.+:,,g . „l.,t,,,.,, ,,.,i., eiie e.,4_ef.,444ti _ ~Frforcerr~ent ~t~s-~hn({--be
aNewed-:
D.-R:ja{-GFCizr:
1-r4'-a4few'rm,s-gL'~t6N~-t~~~~~i.'~t(~EEE86'9tk~•llfttl•EL'{E~ EI3(.'-I3E:tt[tc" . ,•~..il r'^
5
E30f~~dffkLR~~-FtflE~9Rb5-Ftitd-t ei](lEtJSiE1[i~; E1fiEI-5~►2tN-fL~H~33-C~f-fitE3f{i€~-E~fiE:-[t6tt82-6tF
ifthe g . _ ::easfieF~las oeeA;=red. The-l;OaFill~
. . . L B:4„fie., ,,..de.• :f r►,o o .-_fi.,ds_fhat ne
i~t@~E3~t6E9-688tti~2t~c
4-~nei-e4 r-eff FP}w,`Ii efe4E►e- ' ed-has-ffffimiatwiveFy- Jemeas-h-ateF{
Eh"e-Yieltttien-rvE►s-etmse"y-m(34her-PeFSOn-or-eittity-fleF-t4te-age
tite e w ' k a . , , ' speasible-eti-1y--fee-cbatemeilt oJ~he
VieltttioLr.-StFiCA-eeFnpkE~nce vrkh-peFfflit-F Lieinents-nzay-be-wai•yed-re;etrding-iai stieh
abatement. aveid , deingstibstantial . t:ty-e'wH~
3-44ie-he~~ii3A
. 2$tS993 _i ,-e&d :D:. Fef
. . . '.\'}E~1111-~~E3-~I~lle
#3@f=lE3d-SSpE:8kftEd-f3y-Elpfi te,8141@-St&E@-l$W- f e ' . , -
2
. t •half a
~ i~ie-Uii;y,-m~cy-szek e~£oF€~zr~eni~~f-~I~e-dife~Eo~s~o~-~eari~~F-ext~~jner's-car~le~b~~
pe"e~- . .
B. . Tite . . ejit eftel--t-p ~ . .
eHV•il-enfoFoement-
C. A petitifl iiient niay request-ma.,..,...Fy. Fei:ef elaraEery-H4ief~t-ei3iper-aFy-or-
p2~rfra~rerj~~fEr~tta~-re~te~fcr~d-ir~~oi~~eF-c~i~rhr~~ec~~-pr~+~i~feEi-by-law; e
n~~
fbregeing. . 082 ~ :vv.~J
~ ...v
~ Section3. Severabilitv. 1f any section, sentence, clause or phrase of this Ordinance should be
held to be iuvalid or uuconstitutional by a court of competent jurisdiction, such invalidiry or
unconslitultionality shall not affect the validity or eonstiCu[ionality of any othcr scction, scntcnce, clause or
~ pbrase of this Ordinance. -
Section 4. EffecYive Date. 7his Ordinance shall be ui fiill force vnd effect five (5) days aRer
publicaL'ion of Ihe Ordinance, or a summary thereof, occ«rs in the offic;ial ne«5paper of the City as proviclul
Uy lavv. ~ .
Pt1SSEll by Che City Coumcil this cl<ry of M.•tu-t;h; 2006.
.
4rdinance 06-004 A.mending Nuisance R.eyuirements Nage 19 of 20
llKA1+T
,
Mityor, Di<<na Wilhite
ATTEST:
City Clerk, Christi.ne Bainbridge Appro<<erl aS to Form: ' .
Office of the City Atlomey
Taate of Puhlication:
Effective Date:
Ordinance 06-004 Ainend.ulg Nuisauce Requirements Page 20 of 20
CITY OF SPOKANE 1fALLEY
~--Y~ Reques# for Planning Commission Action
Meeting Date: February 28, 2006 City Manager Sign-off: .
I#em; Check all that apply_ ❑ consent [D ald business X nevr buSiness ❑ public haaring
❑ information 'E) admin. repork. ❑ pending legisla'tian
AGENDA ITEM TITLE; proposed Ordinance changes related ta Code Compliance,
~OVERNING LEGISLATION: SVMC 10.30,150-600
PREVIDUS COUNCIL ACT[ON TAKEN: The City CauncRl has heard a staff presentatian an
#he proposed orctinance changes, and instruCteti #he Planning Carnmissian ta review khe
propasals and make recornrrrendatians on them. Deputy City At#orney Drislcell provided the
Planning Commission wi#h an overview of the changes in aII five dacuments an January 26,
2006. The Planning Commission conducted a public heafirig on tYre peapased Ordinance orl
February 23, 2006, .
BAChCGROUhlD; 7his proposed change seeks to refine the cade cornpliance tools. As our
code compliance tearn have used the code provisians, they have faund khat sarne #hings vrork
we ll, and othe rs cfon't_ One such toal is tne Notice of VioJa#ion. This woufd rerno ve kh a# from
~ the code, as welE as prioritizing complainks as they come in_ This was necessary when the City
was a startup and had a rnassive backlog of rron-cornpliarrt praperkies to be able to respond #o
them. That backlog has been rernoved, and all complaints are treated #he same_ .
The staff will advise the Council at the time of khe Council session on xvha# #he Planning
Cammission's recommendation is. . .
OPTIOhlS; lnstrvct staff to revise #he proposed ordinance; move proposed ordinance to a
second reeding for @Ppro+ral; mation to suspend rules arrcf apprave #he proposed ordinance.
RECOMMENDED ACTION OR MOTION- "I rrrove that we advance Ordtnence number 06-005
to a second reading at a subsequent meetirrg.~~
Afterna(rvelv -"I move #hat we suspend the rules, and approve 0rdinance 06-005."
BUDGE7`IF INANCIAL IMPACTS: NA
.STAFF CONTACT: Cary P. Driskell, Deputy City A#torney; Me Connelly, City AtEorney .
; . -
ATTACHMENT& Drdiiiarice repealfrrg andlor amending partions of 30_30,150-.600
i
I
` C.1.'l'Y OF SYUI{AN'E VALLE, Y
~ J SPOICANE CnTJ\'1 Y, WA S.N_Il\TCr I'Ql\T '
O.f20IIVANCF NO.OG-005
. AN nRn.T11Tr11\iCE U1+~ `l'liL (:i'CY C)F SPOKANT;. VAi .T,:TY, R'A:SHlNC_CTO\T, ]2EPE•ALING Oll
AlV1LNDWG S.F(,TiONS OF 'l.H:l. S:PUl{.4NL VAL•l,E Y iNf11'NIC.LPAL C(7Dr SErT°TQNS
10.30.1.50=600 RELA'1'1NG "I'() C()DT CnN.T_PLTAi1~C:F, SP.F,CTF.T.C.LL.LX AM=L'Nl)li\sG
SEC'CI(,)NS 1.0.30.150, 180, 190, 200, 210, 220, 240, 2501 260, 270, 280, 340, 350, 360, 380, 390, 400,
4111, 420, 430~ 470, 490, 5[)0, 520, 560, 570, 580, Ai\`D 590, t1ND ltl+:l'LALINC; SELTIO\°$
1.0.30.290,300,310,320, AND 370.
VVHLIZLAS, die City of Spokanc V:i.lley adopted Ordinance 04-013-regulating compliance with
code provisions. Ordinance 04-0 13 Nvas subsequently codified as 10.30.150; et seq.; a.ncl V1'tMZEAS, in complying witli the requirements of its enitcted daws•and regulations; the City
tinds from time to time t:htit amendinb its lativs is necessary to better protect the health, safety, 'welfare oC
the general piiblic and the environ►nent.
NOW T11TRE'FQRr, the City Couneil of thE City of Spnlcaune VaUey ordains as follows: .
Section 1. Spokane Valley Municipal Cade sections 1030.150 -.600 are herby amended
and/or i-epealed as is set fortJi belo-sv.
I ArCicle .I_Il. %oning-Codc Compliance ~ 10.30.150 nefinilions. _
~ J A. "Abate" rneans to trike whtttever sleps are deemed necessarS.r to ensure tliat the properiy coroplies witll
applic.ible code requirements. tlbatement may iacludG, but is noc limitecl to, rehabilitation, demolition, removitl, replaceinent or repair.
B. "Code cornpliance. officer" mc;nns a reaular or soeciallv commissioneei oH-icer so ctesiRnatec( bv
the director oi'cominunity devclonrricril: For the Gicv.
I 9C. "Code violation" rrieams imd includes an act or omissio, n contr.2ry to: 1. !\ny ordinance, resplution, regulation or publie rule oP the City lhat recrulates or protecis the
use and development ofi land or waler, and/or 2. lhe conditions of an_y perrnil, not:ice and ordcr ar stop work order issued pursuant to any such
orclinance, resolution, regulation or public rule.
DC-. "`l'he City" means the City of Spokane VaIIe}', WashinbnUn, acting by and through the authoriz.ecl
representatives srid .igcnts desi;~nated by the communitv develorlmeni directore+",ltlf+trref.
I L17. "Days" wi11 be counted as business c1ays Nvhen five or less days are allowed to do an-act required by
this urticle. "17ays" will be considcreci calertdzir clays when more than five days are Allowed to i!o art acc
required by this ai-ticle. . F-E, "lletermination of compliance2" means a written st<ilement from the "director that evidencc to .
deterininc i:hat tFie violarion(s) has been suffciently abated a.s to the violation(s) stat:ecl in the voluntary
~ compliance agreement, naEtee-e#vialttt;+etr, notice and order or stop work order.
Orduiance 06-005 Amending C';adc Compliance Sections Page 1 of21
DRAl7-1'
G. "Uirector" means ttie communicv clevelonment director for Snokane Vallev. or his/her designee.
I HF. "Found in violation" melns: .
, I 1. 1'h3t ace-ef iZieWiAn, notice and order or stop work order has been issuecl and not timely
appealecl;
2. That a vc,luntary compliance agreement has been entered into; or
3. That the hearing e:camincr hAS detennined thai; the violzition has occurrECt ancl such
cletermination has not besn stayed or reversed on appeal.
16. "Hearing examiner" ►neans the City of Spokanc Vtilley hetiring examiner, a,.t providecl by the
ordinanc,c codified in Chapter 1035 SVMC, Article I, I-Iearing Examiner, as adopted or hereafter
ainended.
~ 144. "Mitigate" means to takc meastires, subject co Ciey approval, to minimize the harmFul effects of the
violation where remediation is either impossible or urircasonably burdensome.
I Ki. "PermiY" means any forrn of ccM:ificatc, approval, registration, lieense'or ttny oltter writl;eri pennissiUn
issued by the City. All conditions of approval, and all easerricnts and use lirnitations showti ori tbe face of
an approved fmal plat map which :u•e intended to serve or protect the general public are deemed
conditions aPpliciible lo all subsetIuent plat property o«mers, owneis' tenants, and owners' agents as
pertniY requiremeuts enforceable under this articli;. ~ Ll. "1'erson" means any individual, association, partnership, corporation or Iegal entity, public or private, -
<<nd the 3gents ancl assitms of such individull, association, parhiership, corporation or legal entity._ ( IvM. "I'erson rE;sponsible for a code violation" means the person who caused the violation, if that can be
detennined, snd/or the owner, lessor, tcnant or oXher person cntit.leci to cont.rol, usc and/or occupancy of
the properry where the code violation occurs. . I I'~6. ".Public nile" means any rule properly prornulgaced to implerr►ent provisions oP chis eode. IQM. "Ilcrriediatc" means t:o reSl:ore a site t:o a conciition tlial' complies with SensiCive area or O[her
regulatory requirements as they existed betore the violation uccurred; or, for sites dlat have Ueen degiaded
uncler prior ow•nerships, restore to a condition cvhich does noc pose a probable lhreat to the enviro►icnent or
to the general Public health, safety or w•el.fare. '
I PN. "Resolution;" for purposes of this article, means any resolution adopted by the City of Spokane
Valley cil`y council. (Ord. 04-013 § 1(1.20.01), 2004). 10.30.160 Relaliunsbip to (:rowth M.inagement Act.
'1'his article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth
Management Act). (Ord. 04-013 § 1(1.20.02), 2004).
10.30.170 J)eclaration of public nuis.uice -Nlisdeoicsnor.A. t111 violations of this tirle are hereby determined to be detrimental to the general public health, safety itnd welfare and are hereby declared pttblic nuisances. All conditions determinecl ra be violations oP this . '
Ordinancc 05-005 Amending Codc Compliiuicc Scctians Page 2 of 21
DIt.4I'"f
~ title shall be subject to ari d enE'orctd pursuant ko the provisions of#his articI e except where specifical ly
~ excludcrl b'y 143w ar regulation. . .
'B_ Aiiy person w}ro wi I Ifu lly or knowing[} causes; aids or ahets a violation 1) ursuant tn fltis aeticle by attiy
act of com i-nission a r 0 missi0 11 is gLi ilty of a misdemeanor_ Uport com+i c#ion, tl7e parso n di al11) e pu n ish ed
by a fine not #o excaed S 1,000 Fincllor.4nC~i rCeration fOr a iernl nOt L'U exceed 90 dxys, Exch week (seven
consc~uciv(4; davs) stich violation cnntinueq slial] be cortsi&rcd a sep~ratc inisclcmeFinor offcnse, t1s ~iri
alteiii ative; oi- in addil:ioi i to ~j iiy oCherltidicial or admi n[sfrative remed}F provided in th is aet icle or by law
or other regu[ation; tha authorEzed reprCseT1U111vC of i'he Cily mtLy recomrnend thar che ofFLce of the city
:~.ftorney file a rrtisdemeanor compfaint ag
.,aiE7st the person respoiisiblc forcode violation when the C:ity has dacumentation ar ather evidencethat tl7e
v i o I atiorx %vzis wilLl'u! ti nd knaw ing- {0 rd. 044-013 § ]{1.20.{}3}; 2004).' ,
10.30.180 E nfnrcein eii t, a uili orjly a nd A niioistration.
A. Fn arder to elisco-oragc public; nidsances and otherwise promate compliance with applicable cqde
~ provisions, the C4-t}director nu2y, in rc5ppi15c 1A rield pbs(;rVatiUns Or reliiible complainis, doi-ermine that
violations oithis fil[e htLve occurred or are occurrinQ, and nyay-
1_ E.nter iilto VoIKi.13t~) ry comp] i~l nc~ a greem-enl~ w ith persons responsibCe for code vialations;
,
2, n .;l .-.nn..~~. ; n,. _..~~ty.:., ..1 .r~.:V ...i.:..l..a
~ _ - =
-3-lssue notice and orclers, ;Mess Civil penaliic:: tLnc3 recover costs as authorized by this article;
i 43, ReytGire abateEnent by Illet'll75 of 8 CLIdJC-IaI abatemcnt orcler, and if such aha(crrrCnl. is noC
-timely completed by the pOrson or persons rr~sponsible Pc}r a code vialatron, undei#ake the abaternent and
etktLrge che reason able costs of sucl~ ivo rk as aut]i Orized }]y 1:lMIS artiClr;';.
~ I -&41 _ flllow ape-rson rosporrsable foT lhe code violation,ix) perform cominunity seivice in I ieu of
p~J ying civil penalties as authori7ed hy tii is art iclc;
I 65 _ Orcl" work stoppecl {tL'a site by means aFastap ivoirk order, and ifsuch ordpr is nok complied
w itly, asseqs civil penal tics as author32ed by chis article; .
~ -76. Suspend, revoke or modify sLn~ pr~rrnll' prC:viUUSfy iss~»cl by the C:ity or deny a pei777Jt
a ppl icatioai as autFtoriri~d by I:his article when o#lier eFforts to acl7ieve coi7i1) liance h avc failcd; and
~ $7. r'or4vard $wrEften siai:cmeeE1: prov iCting 811 relevani: infornlaLion relating to the violation to the
v.f.#ice of 1;he cily {4ftorney with a recommendation tn prnsecute willU iLnd kno%vincr violtiliorks its
misdenieaiior nffeiyges.
]3_ 1;1ie proced¢tes set forl:h in this ~irt'icle are noE excEusiva. These procedurcq sliall not in aEty mann er
1 iEnit or re-siric t ilif, Ci#y from reiii edyia g or abatiiig violatioiis afitli is title ui a ny o tfier mrutner a Li(lioriced
by law_ -
C. ln xddition to, or as an alternakive to, u1:i11 ring' the proce;d4Gres se;t FotL'tN in tti is arEicle, the C ity ma}r ,eek legal or cqiritable refie!' io ztbafe tLny conditions or e3ijnin any acts pr practices whicl7 constitute a cocle
violation. -
'.D_ kii addition to, or as an ~ill'ernative to, utilizing the procedures set foith in th.is aiticlc, tlli~- C4~ydirector
mxy assess ae recnvee civil penalttes ~iccruin; KEnder this artiche by legal action filed in Spokane [snunty
- cIiSl:riC1: CourL' by t'he office of fhe cEty at#onney. , E, Thc pravisions of this xriicle-shali in na way adversely aff`ect fihe ri4bfs oi: thc ov,,ner, lessee or
uccup~n.t of a,ny properiy to rec~over a I1 costs and expenses ijicui-i-ed aAid requiiwl I)y tlyis articic frorn any
person causin4 sucli violakion_
, ordinance 06-005 Auieiid'uig C;ode Corripliantc ScUions Pige 3 of 21
URAr r
~ F. In administering the provisions for eode ef*l$reemeatcompliance, the C-ifyciireetor shall have the
authoriCy to waive any Ane or more sucl.► provisions so as to avoid substantial irijustice by a-pplication
thercof to Che acts or omissions of a public or private encity or individual, or acts or ornissions ou public
or private property inclucling, for example, propei1:y belongi.ng [o public or private utilities, where no
apparent benefit has acerued to such encity or individual frorn a coclc violation. Any deterniination of '
substantial injustice shaU be made in wriCing supported by appropriate facts. For purposes of ihis
subseation, substarifial injustice cannot Ue based exclusively on Fnaneial hard3hip.
G. The provisions of chis article detailing the administration oFeode compliance procedures are iiitended
only for the purpose of provicling guidance to City emplo}'ees and are not juristlicCional, ii_nd are not tn be
construed as crealing a basis for appeal or a defcnse of any kind to an alleged code violation.
H. "1"he G+t}Fdirec.tor may, upon presentation of proper credentials, xvitF► t:Fie consent of lhe oNvner or
occupier ora builcJing or premises, or pursuant: t:o a,lawCully issued H3spesdeR-Waffffil couit order, entcr at
reasonable timcs any building or premises subject to [he consenC or wer~r-antcourt order to perform tlie
duties imposed by this article. It is the intent of the city council that ar-iy entry tnade Co priva[e prnperty for
t6e purpose of inspection for code violations be accomplished in strict confbnnit}' with constitutional and
statutory constraints on entry, and the holdings of the relevanl court cases regarding entry. The right of
entry authorized by this article shall not supersecie those legal constraints.
1. The Gitydirector may reque,st t:hat I:he polic;e, appropriate fire district, Spokane R.tegional Hbeatth
Ddistrict or ot:her appropriate City department or otlier non-cit:y ttgency assist in enfarcement. (Ord. 04-
013 § 1(1.20.04), 2004).
_10.30.190 Guidelines for departmcntal responses to corriplaints. .
A. Tk►e-6olIoNting-g
uideline y--tE~e-Gity-subje°* j: i•4: .,~he" i-esettree i-espoA ~ g, te eede eeiiipli ftee-@o~~plaii~ts=~=~ . - y--be-madj~€ied-by
dep&FtFfler}E-~~+{e; sttbjest-to-eou ' .
needifig, ' ~,~efrC-respoHse-(W. .
-r~rtiiieii"ilreNiead-of e+'-aEtaftl-bEd+l~-krtt111►;-ElLifnti;e-EFrpub4ie-r-ase..roes f^,.:l:E~~~
;
d-ftmnge-Ee-Fea•I-or-fftsena}-pt'e~e+-ty;ptibEie-EtetrWj-ex-pesufe-or-emife .
3. Medeffite k ir:raestfgtiEiEns-eeediug-"i- (witliki -,s-i.n
Whieh-t#t er-e-t~~s~ref-~i ' , ub}it+-r2sottrtes--t►-nd/or-faE4' ' . , damage
peFSOna4-p+ap.ei:t),;-eF e Fmrge-o"ontaF►}i+iatieR-
3. T-eev-r-is-kC tFlVestigattons-nee ' 'i;-(wiEl1in-I 4-day, vielatien ing
tden4red-by-eede oetri pi +a+iee s4i#'~e~~fe-ftses-wFtiiere4 . sieii ,
. r-trEe-r~skraalegor;ie ie-iff"eEs-
~=E~e-~=es~oFrs~~itnes-s~ , t"ciciicc-iiUE-~IiHS~tEiElOE141~f1f~-fa .
prti4ietr}ar-et.~c eede-pro~iows-wiih-fegata-to th~
c-ase- '
G-Cicy rEpresentatives are authoriz,ed to delermine, based upnn past complaints regardina a propcrty,
subsequent :Celci investigations, and other relevant criteriti, whet:her a complaint is reliable. If the City
determines a eornplai.nt is not reliable, the City is not obligatecl to conducC a feld investigation. (Ord. 04-
013 § l(1.20.05), 2004).
10.30.200 Initial investigation.
OrdLtance 06-005 .4rncndin- Cacte Compliance Sections Page 4 of 21
pR:~FT
This section sets forth guidelines for more specifc procedures to be usecl by the Cit:V in implcrncnting XFiis
arcicle. 1'he guidelines set forth in dlis article are no[ jurisdictional, and failure to meet them in any
particular case shall not afFect the Cit:}''S aut:hprit:y to enforce eity cocle provisiqns with regard to that case. ~ A. Field Verificatio►i Itequired_ l*-"Xcept in emergenciGs ^^d 4~)r '^w •-i:'k e°s° ^^m^l^i^}ss, field verification
should be made if possible prior to, concurrent with, ot• sha-tly after notifying the persan responsiblefor
~ the alleged code violation. Lc+w-r-isk effse-Ceomplaints should be acknowlcdged by
sending a letter to die person(s) responsible for the code violAtion. The letter should state that a violation
rriay have occurred, buC has not been verified, and should ask the recipient td eoncacC Ihe persou issuinc,
ihe letter.
B. AdvisingInterested Part:ie.s of.IZeccipc of Complainc and/or Field ffivesli;alion.
1. The perso❑ responsible for the code violacion should be advised af zwy eomplaint by personal
contact; phone; postint and mail (return receipl reyueste(l). - 2. The complainant shoulcl be contacted by p1io»e and, if possible, in person durino the field visit.
C. Thc Cit:y will record till violatiUns in a database syscern, inelucling ti list of till actions [aken Un t}le
complaint.
D. To the extent possible, ihe C.'ity Shall cheek it.s own records 3t1d lhl; records of other agencies for
previous violaCions on the site of the alleged violation or Uy the owner or occupanC of Che site or such
other person ws ma_y be re,sponsible for tlie cqde violat:ion.
E~. StaffllrlCli;rG3ki.ng fiG1C1 inveSt:intiLiUnS ;hall eUmPly wilJt Che provisions of Chis ar[ic:le re;;arding; rinhl of
~.J ent _ry. (Urd. 04-013§ ](1.20.06), 2004).
10.30.210 l7roc:edlu•cs whcn probablc violation is idcntificd.
I A. `I`he C-+Eydirector shall determine, based upon inforrnation derived frnm sources such as field
observations, thc, statcrrients of wilnesSes, relevant doeuments and data SyS1:emS fUr tracking viUlatiUnS
and applicable City codes and reaulations_ whether or not a violation has occurred. As saon as the
Gilydirec.tQr has rea.spriable cauSG t0 C1GtGrrnine tha[ a violation has Oeeurred, he or she shall ctocument: the
violation zmd promptly notify the person(s) responsible for the code violation. B. Except as providecl in subsect:ion D of this section, a warninb shall be issuecl verbally or irt writing
~ prornptly when a f eld inspeccion reveals a violation; or as soon as die C4tydirectnr othenvise de[ernlines a
violation has occurred. The wArniaa sliall intorm ttie person dcfcruiined to be responsible for a code
violation of the violation and allow the peison an opportunity to correct it or ente►• into a voluntaiy
compliance aereernent as providect i-br by this ariicle. Verbal warnings shal.l be logned and fiollowed up
with axvritten wa.rn inb wit.hiti Gve days, tmd lhe site shall be reinspected within 14 days.
I C. No warninj need be is.sucd in "i„h 691E e^^, ernergencies, repeat violation cases, casE:s tha/ iu-e
already subject to avoluntary compliance agrcement, cascs wljere the violaiion creatcs or Ijas cre_aied a
situalian or ennditinn that is not likely to be corrected «rithin 72 hours, cases where a stop Nvori: order is
neccssary, or %vhen tlie pcrson responsible for the code violation l:nows, or reasonably should have
knnwn, that the action was a code violation. D. : ' ~taed-itr-r~e~ler~le--t~~~c#-I~nrs-~islc-eEr~e~~F~~idec~tE~i~El~e-C=i~~-c~eEc~w~~e~
fE{y-eefr-eeted-in (i
Ordinance 04-005 t'lmending Co@e Compliance Sections T'age 5 of 21
Dxn Fr .
4----Notice aicl orders shoulcl be issued in all l~~~„=il FiSrcases in which a voluntary compliance a~reement ,
has not been entered into withiti tr'efifteen days of notification by the C-+tydirector. .
m 'z5-wlaer-e4he-EiE~-dete - .
.
bo-f444), eOFa-eetoa ..►,,..h . ..d eftime.
~-FE. The GiPAirector shall iisc all reasonable means to determine and ca"proceed `aeainst the personLs)
aeCually responsible for the code violation occurring when che property okvner has not directly or
inclircctly eaused the violation. GF. Tl the violatio❑ is not corrected, or 3 vplunmry compliance agrcerrient is not achieved wichin 15 tlays
of notitication by the City, a not:iee and order or stop work order should be issued. .
•isstred-~wtNti~~-l-S-d . . ~x~1eF~-s#~~rtrld-I~e-tsstred~~tEFrtn ~El-ckzl~s
~~refti-r•eseipt-efa-cefNplaint-Stop work Qrders should be issuec3 prornplly upon discovery af a violation in
progress.
I 4-1G. All eomplainants will be asked by stafF at the time the complaint: is filed whelher they wish ta be kept advisccl o1:'enf.'orcernent eLCorts. Any complainant wlio provides a mailing address and requests to be
kept tYdvised of enforcement efl'orts shQUld be rnailecl ii eopy of alf written warnings, voluntary
I compliance agreements, netiee 6, naCicE and orders, stop work orders vid notices of settlement :
coriferenees issued by the C:ity with regard to the alleged violation. Any cornplai.n.tnt may appeal a
detei-inination of code compliance issuecl by the City. (Ord. 04-013 § 1(1.20.07), 2004). .
~ 10.30.220 Scrvice - N ' , otice and order; aod Stop worlc urder. ~ A. Service of a notice and orcier shall be made on a person responsible for code -
violation by one nr more of the follocving methods:
l. Pers4nal service of a tzeFtee-ef viAti.~orror notice and order may be made on the person
identifecl bp the Cicy as being responsible for the code violation, or by leaving a copy of the +iet+ee e
v+eleNoi+-or notice and order at t}ie person's house of usual zbode wilh a person of suitable age and
diseretion who resides there;
2. Servicc directed to ttie landowner ancUar occupant of the property may be made by pASting the
( n0ttee-of viol-atiorroFnotice and order in a conspicuous p11ce on the property where the violatioti occurred
and concurrently mailing notice as provided for bclow, if a rruailing adtlress is available;
I 3. Serviee by mail may be made for a+ieE+ee -ef -v-ie!$tieii-ee-€t-notice and order by rnailin- two
cqpie,S, postagc; prepaid, one by ordintiry .frSC elass mail iind the other by certified mail; to the person
responsible for the code violation at his or her last known address, at the addri;ss of thc violation, or fit the
address of dhe place of Musiness iaf tlie person responsihle fUr lhe eode violacinn. 'Y he tzLxpayer's itddrESS as
sfiown on thc tax rccor<1s aC Spokane Cnunty shall be deemed to be the proper address for the purpose of
mziling such notice to the landowner of'the property wherC tliC viplat:ion oceurrecl. Servicc by mail shall
I be presumed effective upon the third business day following the day upon whieh dhe
nqfiec ancl orcier was placed in the mail.
B. Hor notice and orders only, when the address of the person responsible for tlie code violation cannot bc
reasonably determined, service ma_y be made by publication once in the City's newspaper of record.
Servic;e by public:ation shall conform to the requirements of Civil Itule 4of the Rules for Superior Cnurt.
• C. Service of a stop work order on a person responsible for a cade violation may be made by posting the
stop work order in a cc>nspicuous place on thc property where the violation occurred or by serving the .
stop work order in any Qther manner pennitted by this article. Ord'uiance 06-005 rlmend'uiS Code Caenplianee Sections Page 6 nf 21
Drt.n Fr
'D. -fh e failure of tfte C it}' ta maki:~ or aitemp t servicf~ on tLny person narrred in fhe notice of violzitio n,
natice and ardar or qtop ivork oi7der sh$l l not invaGrlatc ~ii}+ pro cccclin+?s $s to any oElier person duly
scrt~cd_ {Ord. 04-0 1; § I ( 1.~0.08)5 2 004}. ~
1[I.3{1.230 7'raiuiug a nd rUlernAM ng.
A. Tn order to ensure stri ct cojiforiii ity u+itli the cot7strai n#s on c ntry i.mposed hy state aiid foderal laiv, arid
fio ensprC [i1a[ Cit}' ernplbyees tieal with the public in a manner which respec#s the righLs aF private
pi-opeety owners, the City sltali d~.vclop mcl aclopt znterrial proceclures, protocols ancl tra-Lnincr orocrriLrns
governing the con d uct of searclyes by compl iancc otfc~rs,
T3. Thc C ify shall a clopt procedtp rus to iniplement Lhe Qeovisians of cliis zrrticle,' ancl ~Pec i-rca lly rhe
guideEines set out in tlris art-Iclc d escrI bing, reasonable arkd a ppro pTiate protocols F.'or Invesl:lg8.i:iq, code
violaLinn3. {Ord, (}4-4] 3 § t (l .20.09), 2I104). .
10.:30,240 Obli~'xCiUns uf per9on5 responsible For codc viulation.
A. lt shall be the respnnsibilify of aii}' pcrson -rdcsitiFicd as rcspoEtsiblc i:or a code violation tn hring the
property into tL s~Lfe xnd teasonabie condition to achieve code compliance. Payment of civil penalties,
appl.i(:~) fi.ons for perrnifs, acknowledgem ent of stop wark arders and.coinplixnce with oc13et temeciies cioes
not suhstitute for per(onuing i:ftc corrcctivc work M~riuired Z~nd ]7aving 1:Exc propcrty brougltt into
coui pliancf; lo tli e e:ctent re.asonably possible undei- tli e circumstances_ '
' I B_ Persons determir7cd to bw ,responsible i-ort a code violxtion puestRaiit tio 9 51E)Ljeee~ na[ice I
and order shall be ]iabEe fnr the payinent o.f a~iy civil p cnali:ies anrl ahatcmcnt costs; pro v ided, however,
~ that if a propc:Ay owne,r ai~imiativcly demanstrates iJiat the action whicl3 resulteci in the violxtion w-xs II
taEcen wiEhoLit the owner's knowledo
.,e or coiisent by soineoiic otiicr kliaiy tiie own& or someone actine, o~i
the owncr's bekt~il.f, ChZA owner shall be responsible only foT bringing the propeTLy inlo compliance lD tlle ,
extent reasonably feasible under the crrcumstances_ Slioutd thc owner iiot corrcct thc violaL[ioii, oii[y tliose
abMtrr.teat cosls nec:essary to bring t17e praperry into a safe aiid relsonnble condition, ns deteemined by the
IQ4}Mirector, sliall he asse,qsed lry tlic City_ No ci,+il pcnaltics slisill bc esscssccl against sajch an ou+iicr or
h i5 or her p r0pC.Cty Intefest. (O1-CI, 04-013 ~ 1{1,2 0.10), 20{}4~-
7 0.30.23fF Doterrn inw,tioa uf comp liii ucc.
I-Afier issli airce of a wKviiing, vOllli7f8]-y COfll[JI]€LfICe agi'emneJ7t, ootiva v-~ _1 nti~..,
~Tnatice and oeder, nr
stap.work arder; a nd after tlye pcmon(s) respon sibfe fior a vio lation has coine iii fo comp li~i nce, i:hc City
sh all iSSIie a ivrkCtBil dCtCr[t1iCLat'i0rk of c:omplianoe. Tf~e Ciiy shall mxil copies oF L'he (~evernlinaL'ion af
~ complittnce lo etLch pei-son originally nKv7i ed in k1i e ivani ing, volu ntaey coin pliance auree,meiit, 6 :F'A~
_ notice wid order, or stnp wnrk ordcr, $s Nvoll as 1:hc c-omp lainant, by ccrtifcd mail, fii vii-dsLy return recfipt
requested_ {Ord_ 04-0.13 § €.20J:l 2004)_ .
1.0.30.2G0 VoluuLary complixnce rtgreemcut~- Autti or;[y.. .
A. Whenever #]7e C ity detei-ii7inas tl7at acorle v iolation h~s occurrcd or is occurri11g, zl}e Cit}' slt911 eekAe
icaso n<<ble efforts to sectu-e volu ntary cnmplEance fi-om tlie persnn respnnsi l) lc for the cor[e violation,
Upon contacting #]ie per5on respoi75ible for the code vi&ition, tbc Cit}' iiiay ci3tci' ijryto ayoluntz~ry
c;ampliance ag
g€eement as provided for in this article. 13_ A r+olnntary corupli~ime; zjgre;e;rnent rnti.y be entc~red inkc} a[ ttny time lhfter issuaDCIC oF a verbal ar writteii
~ warning, t~ natiG° nP..:A,^t~^": notice and order or a sfop uFork ord" and Uefore ~m ippeal is &~ci[led. '
Ordin-uice 06-005 Anyending Cade Campliance Sectioits Pagc 7 0f 21
DRAYT .
C. Upon en terin¢ i iyto avoluii tary compliarkce agreernent, a person responsible far a code violation waivc~s
tMe rj;trE io adnlinish-atively appe$i, and thercby admiu' that the conditions described in the vnluntary
com pliaii ce a~rcc r~ient existed {md constituted a code ~~iolatiort_ -
D_ Tlte volunt'ary conipliance agreemeiyt sliall incorporaie lhe shoriest reHsonabl~ time petiod for
cornpliance, as detenninecI b}' the Gt~ydiTectar. An extension of the time lEtiyit f.or complRance or a
modi-fication oftl7e required corrective aciion m ay be geanted by the Qtydi rector ifthe person resp onsi ble
-f.or the code violation has sliovrn d ue diligence or subsltinlia l p ragress in correcting t lie violation, but
cimuinstances rtcnder full anci timely coiiipliance under t}re original conditions unziltxinxble. Arty such
exiension or modi#ication inust bc in wri[ing and signed by the authnrized representative of tk'
'C44-yrliremr ~ind person(s) wha signed the orig4nal volunfary cornpliance xgreernent.
E. The voluntary compliancc agreement is not a.seli'iement ageemenx. (Ord, 04-0l3 § 1(1 _20. ]2),
2{}04}_ .
10.30.27U Voluntary compliaoee ageeement - Contcnts.
'fhe voluntaiy compliance agreancnk is a written, sigted commitrnent by tlie pei-son{s} responsible for a
code violation in wIticli sucli persoi7(~) agrccs to aba te: [Lif; violxtion, remediake #lie si#e, andlor m3tigate the
irn pa.cts of the violitlion. The voluntary compEiavi ce $gree mcii t shal! inolu de chf~ iolloWing;
A. The n~i me xnd address of the pers ory responsibk- ['ox ihe c:ocJc violation; .
13, The address or o#her identi#ication af the loc.ation oP I.hc viola tiou; .
C. A desceiption of the violation and a re&eence to the provision(s) af the ordinance, resolution or
regulatiori which hxs been viotated;
D_ A &scription o[' the nec.essary carrective action to bc ta][cn aiid idcntification ot' the dzite or tinte by
which con) 1) ] iancc ra ust be complet+ed ;
-E. The- amount af the civi] penalfy tl7at will be Lt}posed if fhe Vol4GZiWry complixnce agreement is nat
satisfied; ' .
P. An acknowledgement tltiat if the City rJcl;errnincs Chat the ternis of the volunt~~ry compliance ageeemeiit
I are not inet, thc Ci1y nniry, without issuing a fietic~e--e~-~i~la#ia~notice and nrder or stnp Nyork order,
iinpose any rcrrjedy authorized by tliis aeticle; enter the real prnperty aiyd pe-rfor+n abatcmcnt o.l' iho
vio[ut'ion by the C:i#y; assess the costs incurred by the City to pursue codc cumpli~jjjce azd to zibate ~he
violatioii, including rCasonable legal £e.ts {rnd costs, and #lie suspension; revacation or limitation of a
develop€nant permit ohtaityed or to bc sotjg}rt by tfie person responsible for tlle code vialatioll;
G. An xclaiowledgenient that if a penalfy is asscssed, ar.xd 'if azi}' assessed penalty, R~e or cost is nor pxid; .
; the Cify may charge the unpaid amount as a 1 icpry aga i nst the property vefjere #tie code vialaiion occu rred if
owned by th~ person Tespansible #`nr the code ~~iol~ition, aud that the unp3id ~mo~Mrtt in~y be d joini~ t~nd
' scvem] personztl obligation of al1 persans responsible for the violatioii;
H. r1n acknowled~ement tC~at b]~ entering iiito thc voluntary complia~.ce agreernent, i'h~ persan
resportsibie I'or the coae violatioii tliei-eby adiiiits #hat the c-onditions doscribocl in the voluntary
compli~uice a greemeni e.ustecl tLnd constituted a code violation; and
Oedinance 0 6-005 A,i7ancling C'ocEe Couipliancc Secrions Page 9 of'21
nRarr
J. f1.n sekn0wledgement chat the person responsible for the code violation understands that he or she has
, the right to be seived with a t , nqtice and order, or stop work order for any violstion
identif7ed in the voluntary corripliance ag7eement; ha5 the riaht eo ric{rvinisknalively appeal an}' such ~etiee
- &"olatien-notice and order; or stop work order, and thnt he or she is knowingly, voluntarily and
inCelligenCly waiving those rights. (Ord. 04-013 § 1(1.20.13), 2004).
10.30.280 Failure to mect tcrms of voluntary cornpliance agreeinent.
A. Tf the terms of the voluntary corTiplianee agrccment are not completcly rnet, arid an cxkcnsion of ti.roc
has not been granted; the authorized represenfstives of the Ciry may enter the real propeil.y and abat:e the
violat.ion wichou[ seekiniieiioee g a judicial abatement order. 'I°he person responsible for code compliance may, I without being isstieci 1 6, notice aniJ order; or siop work orcler, be asscssecl a eivil penalry
3s set farth by this art:icle, plus all costs incurred by the City to pursuc cocle compliance <<nd to abate ihe violacion; iind may be suhject to other remedies authorized by this ti-ticle. Penalties imposed when a
vc►lunLary cotnpli3nce agreei:r.iene is not met accr«e from the date that an appeal ol any preLecling neE•toe-dl •
Y-iolatton-,notice and order; or stop work order was to have been filed or fi•om thedate the voluntary
compliance agrecmcnt. was entered int'o if therc was ncit a preceding a.nd order;
or stop work order.
I B. `1"he City may issue a .i , noticc anci order; or stop work order for failure lo meel the
terrris o['a volunliiry compliiuice agreement. (Urd. 04-013 § 1(1.20.14), 2004).
iftft; A.t1flfio1'1t~: •
"",°nm.eic G:,y l.t^ ,4e#er-ff4rte~, tiaseFl-trpenasti„aEion-ef-cloaii~rteij4~~rr~cl{or~Er~sjc~rl-e~iclen~e,-th~E
fi--@6dti-t`1f~~tt~tEltl-IiftS-QC(~LIPi~{I-CI1FrGkl~~f~-~~stEe-a Aet-iEa-4-vfAlationspa .3i-1jle fer-eetde
vrolatien=N3e-E+cj--slttrN-r»ake-tc-EleEefl~i~ift~•i~Er~~et~~er-er-aot to-fssE~e-a-~i3~~i~iet3~Ekt+tt-l-~-da~s-o#
reEeivtfvg-~emylain ' g ' b tliftt. - }j-ryeler4ktNy-e-,isC:
Subsequent s k►aH-be4r-eirtzd-€ts-iieiv-complajncs-foF-ptrr-Uoses-of-4l1~is-aF6rle-4=lowevei:; sL-"
stibsequen" {elef+ijPly,
- (Ord.-fl4-A-' 3 § '~J-~4-i-3),--2-004)-
1-A=3A:3AAee-Erf-viel frtion-EYt:fcet:
A. n :~oMOe-c~f-wFe►I€~Eio~►-Fe~i~seRE~ ant,,...,,:.,.,t;,,., ti,,.t .-,a„.,:,,ln,:,,., i..,.. .,d ,d ,.h,,, ,i,e
. ~-a-eede-►tEewjola-
B-1-netiee-ef-v-isl . . .
G. T-lie-persera-Fesp6nsible-fcTF-t~-eot~e-vio~Ht•ion-sa~ald-eitk►er ~~•y-Elje-~it~id-penalEies-assess~c!-i~i~Ei-i+r?A-t#~s e-l-t-kre-cEtrt2-ef ~ss~~~ce-Ql'=t~e-a~QEi ' , . - cearditig ta tkre
pt,eieu. a.,` :t.,.d t,n..c>1i3:
~~~~tiltfj~e-tc~-ap}~e~id-t~ie-notEae-ef~i€►It1~~+~-~ri-~l~+r~-?A-sAR)t, , t+e-e-ef Vieaft6eRrIft-fiti€rl
d eEei-f -r+i-ne tiefr-tkra~-Nje-tior►t~•i~~ions-cEescr-i~aECi-i~►-t~e-iar~t-~c-e-e€~~latEei»~,teu ,,d ,;*i*bi+^d ^,l^
~-t#e-c~Eec~-P~~.r-t=y-is-I•i~i#~~e-~s-a-}~~r-seia-~s~3r~f~e-
i , aftd
& . . . . I-pe~~~~-et►~2s-~yc~d~t-~nd-sewer~►l-~eFSC~nt~d-ob4ig~t~oFri~-aEl-pei-seRS-ivsl ensib!e
F., .,rle :,I..r; ..I, . "d w}{h-iiAEI£'e ePthE.''Vfitltit[tCllt: tI]c° "~-v:i'i ic'v'i o c'flt~V-EiEEc}F~C'~@Fh~Gtl3~~
• (}F4-ITe-&4y-af-Sp8k3fi@ V alley , ffssessed
n I-iii2ttT1$-
Qrclinarice 06-005 Amending Code Compliance Sections Page 9 of21 .
DriarT
P. .'s tH$r-ity-E<risst,•
wer-k-er-cler--Ee-any-pefsen--respensible fe,.- ~ a4 . (OFd. . '
~004).
1-II~U~-1(~~o~iee-a~~iQEstfen-C-ofites« .
44io-aetie . , ifff-efffi6tieffr
. '''~-,'-'«IIik-2ss; t~~re~i-t3v~il~il~le-or-loa~@io~-o€~e-so~e-~tiol~ieEr;
. g . • ~tFeel fttiffl
eeetrF , -a-descr-iptien-icfefttWyi*g-t4ie-mzopeFt~, b}wemiiio*"sed-lec4tei-s;
C: .1 s&►Eemeae-Ehfit-Ehe-6tNj-has-€ound-theaiamed-pef-sen{s' t^ha,.e ^^"iji}itteatien-and-a-br-ieF .
1-;
.1)-A st°tef;Te«ror«<e-spe~~~-cac~1•i~~~~se; r•es~~t~ie~~~Hla~ien,y~t~blie-t-~~Ie~ec~t+E-ser~~~i0n~~otice-atad
eFder-s' . ~ ;
E. A ~~~tEer~~~ert ~#3ftE-tl3e-~Zei~iae-o3~wiokri~iarrre{~rese~ES-a-deEe~a~~•na~ie~j-E~~~t-~-eo~~v~iol~eEio~-t~~s-occu~red
e+id- , . W
e ft e -4-pefrtAt!,~,
.1 . , . . .
t+frfl es-rtet-Fekeve-H-per•s~r~-€c~tr~ac~-ct~-k~e-~~e~p~nsible-1'~r-erioel~-~ioaftt~r~r~-c~~is-~r-Fj~1H~
. . ` ' -o~#►zr . .
tO-Eh,19-EiFEt@k-; tind-Eh12[-t]•Ie-pERf24t}+-1111i5t-b@-pfli , i 4-~)EaI@d; , 10
~er-~~~-tl3e-~tr-r~~~ive-~LEteirn~~ts~be-~br~~ed-~Fem-~Jl~p~per-i~su•E~rg-~~e~tey; .
4-[. A statement , g ,
e.qbii~nt.,~.,~;~~e iirthe-Pr--Ne-NE--lai+ . . e
i,.i, efsen'iee ,.r...►,,, :m
b 1 .r tiew,
T. :N :.s~~ . g . . . _ days .
vi ~rltr~~ ~rt-fi-l~~til-ffeEe r-rr~ ~io~j-N~ ~tt-Hje-cao~~~ft~eits-d esc~r•~bec#-ij~-E~~ e-r~roEi ve-o9=vi ~~~o~3-ex-►sy~f!-ajjtl
eons~i e~rteEi-r~od~~iol~~~~~~c!-~~at-~d~e-nflr»e~~ty-is-~i~}a-~s-~-pea-soH-r~spo~s~Ule-~'or-e-c~~~ke
J. s`atement O
~
ettet:Hey-fer PFesec~tie+3-(r-td:-94-A,:' 20 n4
t-=1=tie-Eity-may-ftdd-[e, evoacea41-wtheEe-er trrypf!F~,-e►er-W+se-moEl-
pleiiieiit-al - ;F.s g
. . 'en-Eent$F-~ t~rrrrarnaIe-
. , ~t5Stt~;-Et-Sti~pEe~~tFE1~-11EjEtBE-Cfi~i~flEt6~-t~tElB~kitt3-Eii-4i2{e: . • .
'-11=ginal-ffet-ic-e-a~-wo4"efl-N"s-issaed-in--ei-i-et--,
prdinance 06-005 Amenclina Code Compliance Sections Page 10 of 21
DRAFT
Z.R'&i' i"atf9ii--Qr cbanzw :~sr:3v5' . ~
3. ` "~~+i+S~~9~$rf~C~EI~`-K#trH2f~
" , fn ~ , . nd:r.,..,tn e~ ~ie~tl~i--skt€tN-be-ser~e~i-orrt~e~ersax~i~espe3~s~b~e for-~rr-iol~t~iarl-tn-co~~'v~t~y-v~et~-thi~irtioEe- ¢g e~94--0-1 2 . , .1-0-3~~~~~$~Icc. "vrrF"'~"viir~F$n 14eytteily Qvil pen e%.
I
r.,.a . .;.1. ,.a..,.a tha sni,n.~„~e tA n ed
, , ~ ? ~ 1(49209 19), 2. 04-~ . 10.30.340 iNoticc and ordcr-Anthorify-
Whon the C ily Ii a.s re~Lson 1Wi b1~1 i(,-ve, btLsed on invesCigaEion of dacu ments tincElor physi ca[ evicleme, thzi C a
code vialation exists or h as occuered_ Q^~ ~~--~n.; eed o , nlry~~~~~ e~~°r~ ry..t .~t
- - '-ee.. r; or CI1A the lerms ofi a voltEntary campliance a~-eemenE have noE been met, the City is
lutharized to issue anotice and order to any per5oi3 respoasib]e f{7r a code vit7latioii. The. City sliall iiiake I a determinfl.i:if)n WfiiAleT or n0t Co issM tL nolicc: an<i orci(x xvithin Q0 days oI' mc:6ving ~i coinpltLinL
allegiitg a viqlatioi3 or otherwisc discovcring [IkiL1: a vial~i tion rnay pol;cntially cyd sf, or wil:ft4n 10 ~Iays of
tlie end ofa voluii tary compliai7ce ageee meiit time 1) erind%vh icli has Eyot beeii met. 8 ubseqLteiit cnin plaii7ts
' sh14II be tfQi4UE:d a 5 ReW CC1RlF}Iil[Rt'S fOC tj7e pLlfp OSCS Of th l5 8['flCJ e. USkliafi6e-O~-a-q3Eti-e-+JF-,-If►Iat19FY4S-A4
. . 4e-r-,{0 «i _ oa-o 13 ~ I (1._2 0 _20), 2 0 04}_
1030.350 NOtice an13 Urder=EffeCt.
A_ A iiotice ajid orde r rcpragents a deter+ii in atior~ thal a -violnuon Iias occai rrcd, 1:h aE thc psriy to w}ror[i th e nolice is assu(4cl is a person responsible tor a code violatioii, and that tlie vialations set otpt in the natice
and order reqtLire die assessment af penalties aiid otlier remedies that iiiay be qpecified in the notice and
order, '
:L3, 'I'he Citv is authnrized to i mpn;e civi I1jei7alties - U1.1poi3 a de-Ecrmination by the City that aviotatioii h~qs
nccurrccl purSuaiti' to a riOf~iiC 2n{I
C_ ;~.~}~.y~1~-h~~Fl~~Fr~C~-PFl-~}I~{~~~~-{kl'le~-OF4~dhc1-5-1~95~~393~sF~d-~E}Fel-GO{~E-~]E1~~~1{}FI-Fl'1*.3]Lil~~Eit~C~k~-R$~FE9
'!P: 1SR4U Fe-4:8-Rppaa]-th o-1 etieezm anr t,.n , nt;..n ....d nrri:.5
d0«r,F .,«:n., +t,..t IkC Elca"C~`bed iF' the lier...n d.d Aj.... ...~.a..a...~t
viektk)ri; ~:EC. rssuan(x ofa notice tui d order in no way ]iiiiits the C;ity's autli ority to issue a Fi-oet
stop work order to apersan previnusly cited througli thc iioticc aiid ordcr proccg5 purqu$nt to tltis ari:iclc.
~ (Ord_ 04-013 § 1{12.0.21 2004).
10.30.361I ]Yoticc aiicl nrder - Cotltents.
The notice and order shall coiitain fIie tollovn.ng, inforwatiorl'
A_ "1"he address, wlien availal) la, or location ofthc vioiation;
0 rd Lllal]Ce 06-005 Ameild Lllg C0de COlllp118[7Ce SeCtlOltS Page 7 1 of 21
DRAFT
B. A legal description of the rc:al properly or thc Spakx.ne Cotlnty ta.x parcel nurriber where i;he violat-Ion .
occu rrad or is [ocated; ar a desceiption identifyuig the property by coni n3only used ]ocators;
C. A stateiiient tha.t tlif, C ity ftas fou nd the iiamcel person(s) to havc corn.mitted a vioiation arid a bricf
desceiption of#]i e viola#ian(s) found; -
D_ A s#a#ement of the specific provision5 of the ordi.nance, resolutioii, rea
.,ulation, public rule, pei-mit
condition, notice and ordet provision or stvp work order that was or is being violaked;
' _ A St"dte?77eI1f th 8t 8 GIVEI p eIlk1lf]f i3 }}ei i7g 855e55ed, includin~ t}~e dollar amount of tl~e civil penalties E~er
separa[e viol{it70n, anc! that any ~i ssessed penalties m u s t be paid within 20 days oE'servicc of the noi:ice ~i nd
arder;
F. A statement advising that fuiy costs of enfai-cement incurred by the City sha[I also be assessed against
tf4e pcrson co wtiom the riotice a,nd order is directed; -
G. AAaL'ement lhat payment of the civil penalties assessed 4inder this aTticle does not re[ieve a person '
found to b~ resporrsiblc tor a cacle 'vialation ol' h;s or'her ciuly to carrect the violation a«dlor to Pay a.ny
and all civil peiialties ae ather cost assessments issued pursuant to this a+ticle;
thC Reti6e aRd GFEIe~11 be F e-e4e ~ - . f-&PeA~-i+r41a-Sp4i-afte
I H~_ kmbemenk OPthe wrrCCf.ive or &b,'t(ernCnl' ;iCl'iOn requ;recl 1.'0 be tAen ~I n d that all requ-1 rccl pcrm;ts ix)
peeform the corrective action in us# be ob#ained fi-oni the p roper issuilig agency;
I14. A statement advising that, if any eequired %vnrk is n(x commenced or cnmple#ed within the tinie
specificc! by Lhe nofi ue and orcler; the C ily mxy pro ceed to seek a j udicial abatemeut order i'rom -9 pokane
Cqunty s uperior cowt tf) abate tli e v iolation;
~ 1K-_ A strxtetnent adviq ing tha~ if-any assessed penalty, fce or cost iq not paid oty or befnre the due date, the ,
C;ity rnxy charge the unpaid amount as a lien against die property where the uode violxtion accurrec{ if
owne.d by a person respon3ible for a violaYion, and as a 1oint and several personal abligaYion of a11 persons .
responsible for a code violation; .
~.I~6. A Stx1iCmC.rkt aclvising tha Piny pc~.r5on naRked in Ehe noCice wici orrlcr, or having any record or
equitable #itle in the praperty agaiiist wliicli the notice and order is recorded may appeal froni the iiotice und order to lhc heanu~ e~xarrMiner ~~rithin 2 0 days oi'lhe (I ~1)e o:Fservice o['1.he nuticc anc~ ordcr;
I L.M. _ .A stat~ivierrt acivisiji¢ tl~~xt $-Cailure 0 corrcct tlia r+iolations citcd i~~ the notice aEtd order could ]ead tn
the denial nf subsequent Spokane'Valley pennit app licatians on the sri bjectpropeTty;
I MN. A statement adv[sing that afiailLLUe #o appeal tlie natice and arder witliin the applic.able time ljmits
renders the notice tmd order a Fnxl determinaYion thxt the conditions described in che notEce and order
existed ~Lnd conskituted a violation, and that fihc nained party iq Gable a.q a persnn responsible foe a
violation;
' ~VTD, A staieznent advising i'he person i-esporjsible for a code violaeion of h.islher chity W notify the City of ilily aCt10i15 1-ACCI W (#Ch ICYC% COmpl IrIRCC w iCFk L}1C nOtICe ancl order; ancl . ,
~ .
Ordilianca 06-005 Amending Cnde Cornpliancs Secl-ions Page 12 of21
DRAF7'
C}P. A suttement advisina that a~viliful and kno«<ing violation may be referred to the office of the city
attorney for prosecution. (Ord. 04-013 § 1(1.20.22), 2004).
Noiiee-m~l-or~cEE r-R-.eeoi=c4n a
A. `11,,^., ^ ..^t:^e a.,,i ^iflef-i~efitfetl-on-a-persan-r~speftstb(e-fej-- ttsede-+~io~~rt~tr~ t~ie-GN~+-s#ra~l-€tEe-~e
eepy-af-ihe-sa Geunty :'s _sft_~
• ' d-ifi►-the-naE-tjn"-rder-#fittve-b-eert-eeffeeEefl-ei--Kbfiizd-t~a~itjsftteijoii
ef ti,o_G:,~, ,he G:t., sl.,,ll l-:l., „ ~:'e{~eefnpFiwtee with:-i:kre Spekoii . '
fivie-days-of Fes g, eei,4.ifieate . g e-i+pt+an-ef the :Pie 13~ape+iy-N~#tef;a-t#re-~re l~rt~a n-ocie~ ra~e~i-n rtd-sl~ ~d!-s tY~ te-er~e~a eF-a~y-~ ~r~a i d-c~p~i•l-pen~r{ t i es-~'o r-~~lri c~h-I•iees
13ave-b«~~., ~`,-led aFe sE+N-eatsifitnd+n,-~wl, i~f~6~}t~}I-eUr~tjfa~e~+s-1~2+}s~+1-EI►e-~~~2+'~
"-fte.• ^s,..-:ave bee _ , efsfitisf~aetieft f-N+eit AiEft tlie-Srek-arte
C~ttiiL~-iilic~•I10~'=S-G~~~lti8-t~FL•~FFFl-~~f@-EEx't~S-Af fi""l e•,f''^ the r`;a-„ lnea nn ni ^ ~
, 2
10.30.380 \Tut'ice .ind c►rclcr - Supplemcotation, revocation, moditication.
I A. The FN~-dirteior may add tb, re:voke in whole or in pai1, or odierwiye modify a notic;e and order by
issuing awritten Supplemeiit.ll notice and order. The supplemental notice antl order shall be goverrlecl by
the siime proceclures and lime limits applicable to all notice and orders contained in this article.
~ R. Thc; "director mtiy issue a supplemental notice and order; or revoke a notice and order issued wider
this arficle< . .
~
1. T1.'t.he oribinal nocice and order Nvas issued in error,
2. Whenever there is new information or change of circumstajices; or
3. 1f a pari:y to an orcler was inconectly n<<med.
C. Such revocation or modification shall identify the reasons and underlying facLs for modification or
revOCtit:ion, and shall be filed with the Spokane County auditoe's office. (Ord. 04-013 § 1(1.2024), 200=1).
10.30.390 Notice and order - Aclrninistrative conferenee.
~ An informal ldmin.isttativc confercnce rtiay bc conducted by tlic C-ttydirector at any time [or the purpose ot' facilitating communication atnong conc:erned pErsons and providing a forum for erfcient resalution of
any violation, lntere5tetl parties shall nac unreasnnably be excluded fi-om such conferences. (Ord. 04-013
§ 1( ] .2025); 2004). 10.30.400 \`otiee ancl order - Rernedies - Suspensic►n, revUtatiun ur limil<ition of permit. ( A. '1'he Gitydirector may suspend, revoke or modif}, any perinit issued by the City whenever:
1. The perniit holder has committed a violation in the course of performing activities subject: t:o
t:hat perrniC;
2. Thc perrnit holder has intcrferecl wiCh thE auihorized representatives of the City in the
performance of his or her duties related to that perrnit;
` 3. '1'he permit was issued in error or on the basis of mate.rially incorrcct irtformation supplied to
the City;
C)rclinance 06-005 Amendins Code Compliance Sections • Page 13 of 21
DRAFI'
4. Permit fees or costs were p-iid to the City by check itnd returned from a financial institution .
marked nonsutTicient funds (NSF) or canceled; or
5. For a permiC or approval that is subject to sensitive area review, the applicant has failed to
disclose a change of circurnstances on the developmenC proposal site whieh materially affects an
applicant's ability to meet the pennit or approval conditions, or which makcs inaceurate t.hc sensitive area
si:udy that was the basis for establishing permit or approval conditions.
"13. Such suspension, revocation, or modification shall be carried out thraugh the noiiee and order
provisions of this article and sliall be effective upon the compliance date established by the notice and
order. Such susperision, revocacion or modification may be appealed to the hearing esaminer using the
iippeal provisinns of this article. •
~ C. Nrorwithstanding any other provisiori of:' tf7is article, 't:he Gitydirect:or may immediaCely suspencl
operacians under any pem-iit by issuing a stop work order. (Ord. 04-013 yS' 1(1.20.26), 2004).
10.30.410 Motice and order - Rerneclies - nertial of permit.
~ A. The Eityrlircetor may <ieny :1 perrr►it when, wilh regitrd to the site or project for «<hich dhe pernlit is submitted:
1. Any person owning the praperty or subrnitting thc developrnent proposal has bcen fpund in
violation of tiny ordinanc;e, resolution, regulation or public rule of the C:ity that rewlates or protects the
public health, safety and welfare, or the use and develpprnent of land and water; and/or
2. nny person owning the property or submitting the develnpment proposal lias been found in
violation and remains in violation of the conditions of any perrnit, riotice and orcler or St:Op work order
issued pursuant: to any Sueh ordinance, resolution, regulatinn or public rule.
B. In order to further die remedial purposes of this ari:icle, sucb deni3l rnay conCintie until llte violat.ion is
~ cured by restoration accepted as complete by the GfEi=clirector and by payrnent of any civil penalty
imposccl .f'or the viol9kion, exeept that permits or upprovals shall be granted tn thE extent necessiuy to
accomplish any required restoi-ation or cLu-e. (Ord. 04-013 § ](1.20.27), 2004). .
10.30.420Notice and order - Remedies - Abatcaicnt.
I Ll addition to, or as an 1lternative to, any o[her judicial or administrative remedy, dje C4iydirector may
use the notice and order provisions oF this article lU order any person responsiblc for a cocie viUlal:iUn co
~ abate the violation and to complete the work at such time and under such conditions as the Gitydirector
detennines reasonable under the circurnstance,s. Tf thc required corrective work is rio[ commeneed or
eornpleted wit}iin ihe time speci(iccl, ehe City may seek a judicial abatement orcler pursuant to this article.
(Ord. 04-013 § 1(1.20.28); 2004).
10.30.430 Stop work order - Authorized.
The Gwi-~ydirector is aut}iorizcd to issue a stop work order to a person responsible for a code violation.
Issuance oF a fletiee-of-vielat+en-eFnotice and order is not a condition precedent to the issuance of the stop
work order. (Ord. 04-013 § 1(1.20.29), 2004).
1.0.30.440 Slop work urcler - Effect -
Ordinance 06-005 Auienduig Code Compliance Sections Page 14 of 21
D1tAF'f
A. A stop work order represents a detennination tllat a cade violation has occurred or is occurring, and
ihat any wUrk or activity that causecl, is eausinD or concribuling to the viola[iqn on the property where die
violacion has occiirred, or is occurring, must cease.
B. A stop work order requires the immediate cessation of the speciliecl Nvork or ac[ivity on the nFUncd
property. Work activit.y rnay not resurnE unless specifically authorized in writing by the Ciry.
C. A stop work order may be appealed according to the procedures prc;scribed in lliis ariicle.
D. Failure to appeal the stop work order within 20 days renders the stop Nvorl: order a final determination
that the civil code violation occurred and diat work was prnperly orclered [a ccase.
L. .A stop wo+•k order may be enforced tiy fhe City police. (Ord. O=l-0 13 § 1(1.2030), 2004).
10.30.450 $lcil) ivprlc order-Rernedy -Civil penalties.
A. In addition to any other,judicisl or administiative remedy, the City may assess civil penalties for the
violaL'iUn of any stup work order according to the civil perrilty schedulc cstablished in SVMC 10.30.470.
B. Civil pEnalties for lhe violation af any stop work order shall bebiri co aecrue on the first day the stop
Nvork ordcr is violatcd and shall ceasc aceruing on tlie clay.the work is actually stopped.
C. Violation oFa slop worh order shall be it separife violation from ariy othcr codc violation. (Ord. 04-013
§ 1(1.20.31), 200a).
~ 1.0.30.460 Stop wurk Urtler - Remedy - Criminal penaltie,ti. In addition to any other judicial or ad►ninistimtive remedy, the C:ity mzy fonvard to the ofjice oL city
altorney a delitiled faclual backL~'ounc1 oF lhe tille~ecl violation ~vit:h s recornrnendation that s
inisdcrnEanor charge be fileci against the pcrsori(s) responsible ibr any willful violation of a stop work
order. (Ord. 04-013 § 1(1.20.32), 2004).
•1.0.30.470 C;ivil penallies - Assessment scheclule. '
A. Civil pcnalties t`or eode violat:ions sliall be itnposed fior remectial purposes and shall be asses.sed foi•
each <<iolltion identified in a notice of violation, notice and carder or stop work order, 1.)w-stt3nt to the
foUowing schccitile:
1. Netiee t..
2-r-Notiae and orders and stop work orders:
" a. T3a.sic init:ial penalty: $500.00
b. Additional i.nitial penalties may be added where there is:
i. l'ublic healdi risk - amount depends on severity: $0 - 2,500
ii. L-"m=ironmental damage - amount depends on severity: $0 - 2,500
iii. llamage to prUperty- anount depends on severity: $0 - 2,500
iv. I-TisCory of si,nilar violations (less lhan ttu-ee): S~008-k
000
w_ h(istqry qf similar violations (three pr more): $Q 5;9902.500
vi. C'conocnic benefit to person responsible for violation: $A-S;U00
c. '1'he above penalties may be off'set by the following compliance:
Ordinance 06-005 Amending Cocle Compliance Sections P,ege 15 of 21
nuArT
i. Full compliance with a voluntary compliance agreement with prinr history of
zero to one similar violations: $p -.1,500
ii. Full compliance with a voluntary compliance agreement and a history ofrivo
or more prior similar violations: $0 -2-58500.00
13. The total initial penalties assessed for notice and orders and stop work orderz pursuant to diis article
shall apply for ttic .f.irst 30-ctay periad tollowing issuance of the order, unless annther time period is
specified in avoluntary cornpliancc aareement, i-f ft-veltt~f#fr~-eer-rrplitiflee-tc~r•ee~er~t~i~r~eFe~ctered-f~rte
wtt#ti-ri-i°Frn4-fiifite-peraod-and-no-appeaa-is f;iod, fhe . .,id,,.. f~.. .he . ,.t 15 Ei.,., . ,.a ..ti.,ii i.,, i rn
1~-dYly-pej~od-slk~~l-be~94-pewe~t-the
~irt~otr~t-ef ~13e-i~ri~Eal-pefla~ies=Fl3e i .
panaUies stated as . .
`!3E'tee-sf v+ela6ert-strakl-be-strb~~~e-H-er~el~j~e-p2ntrEEy-per-~=iolir~•io~~=1~e-GiEy-retz~~ris-ftiat~oFity-t~
issrie-a-subsat~~nt-nAtiee aild - - - ;
I D. Civil penalties shall be paid within 20 days of seivice of the notic-e-4-uieEatienTnotice and order or
stop work order if riot appeali;d. Paymenc of the civil penalties assessed under this article dnes not relieve
a person found to be responsiUle for a code violation of his or her cluty lp COrreCt l.}1C ViOlakiUrt 3n(1/4r to
pay any and all civil penaltie,.s or other cost: assessmencs issued pursuanC to [his article.
E. The City rnay suspend civil penalties if the persUn responsible for a code violation has entered into a
volunttuy cornpliance agreement. Penalties shall begin to accrue again pursuart to the terrns of the
voluntsry compliance agreement iFany nceessary permi[s applic:d for are denied, canceled or not pursued,
of-if corrective acrion identified in the voluntary compliajice agreement is not completed as speeifed., or if t:he qrc>nertv is allowecl to re[urn to a condit-iou similar to that condition which tave rise to the voluntfu-v
c-ompliance asreeiTient.
F. Civil penalties assessecl create a joinl tint3 several personal obligafion in all persons responsible for a
eode violation. .
G. Iri addition tp, or in lieu of, any oLher state or Iocal provision .f.or the recovery of civil penalties, the
City may 1=ile for record with the Spokzne County auditor to claim a lien against the real pmperty for the
civil penalties nssessed under this article if the violation wss ressonably relsied io the real propcrty. Any
such lien can be filed under t}his article if, afl:er the erpiralinn of 30 (lays from when a person responsible
for <i code violat:ion receives the jiL)tice-of-vioh~tior,rnotice and order or stop work order (e~cluding any
appeal) and any civil penalties remain unpaid in whqle or in part. (Qrd. 04-013 § 1( I 20.33), 2004).
10.30.480 Civil penalties - Dufy ti► comply.
!'ersons responsible for a code violation have a duty to notify the City in writinj of any actions ta}:en to
achieve complitmce wiih the notice'and order. For purposes of assessing civil penalties; a violation shall
be considered ongoinL uncil the person rt;sponsible for a cade violation has come into compliance with the
notice and order, voluntary compliance aoreernent, or stop work ordcr, and has provided sufficient
evidence of such compliance. (Ord. 04-013 § ](1.20.34), 2004).
10.30.490 Civil penalties - Community servicc.
1"he City is auihorized to allow a person responsible for a code violation who accumulates civil penAltics
~ as a result of a-riotiee-el~uielxkiefi; notice and order, or for failure to comply with the terrns of a voluntary
Ordi.nance 06-005 Amendina Cade Compliance Seccions Page 16 of 21
URAFT
compliance aareernent, to voluntarily participate in cornmunity service projects in lieu of paying alt or a
pprtiqn of t:hE assessed eivil penalties. Cnmmunity service may incltitiE, but is nqt limited to, abstemcnt:,
restoral.ion or ed«cation progrtuns designed to clean up the City. The amount of communily serviec will
reasunably rclatc to the comparable value of penalties assessecl againsi the violator. The rate at which
civil penalties are workcd off unde.r t:his subsection is $10.00 per hour. The City shall take into
consideration the severityo uf the violation, any histay of previous violations and prae[ical ancl legal
impeclimenLS in consiclering wheiF1Gr TO allow cornmunity service in lieu of payin; penalties. (Ord. 041013
§ 1(120.35), 2004)-
10.30.50I) CIYII pCIIAICICS - WBIVECS.
A. Civil E?enalties rnay be Nvaivecl or reirnburse(l to the payor by the City under the following
circumstances:
I l.'Che t3etiee of vie#aEien, notice and order qr stol) work order wss issued in error;
2. The civil penaleies were assessed in errUr;
3. Notice failect to reac.h t}ic propcrty owner clue to unusual circurTisttznces; Qr
4. New, material informaticin warranting waiver has been presented to the City since the notace~f
"V'ieItiEien,-notice and order or stop work order was issued.
I 13. `1'he Gitydirector shall state in tivriting the basis for a decision to waive penalfies, and such stakemenC
shall becqme par[ of tlie public rccorcl unlcss privilcgcd. (Ord. 04-013§ I(120.36), 2004).
10.30.51.0 Civil penalties - Critiail areas.
~
A. The compliance provisions for critical are5s arc int:endecl t:o proteet critical sreas and 2he general
public i'rom harm, to meet the requiremenfs of Chapter 36.70A IZCW (the Growth Management Act), and
to turtller the remedial purposes of this iu1'iele. To iichieve this, persons responsiblc for £i GOtIC V10lat10I]
will not only be requiced to restore damage,d critical areas, insofar as that is possible and beneliciaL 6ut
will tilso be requi«,d to pay a civil penalty for the redress or ecological, recreational, iutd ECUnamiC values
lost or damaged due to their unlawtul actiQn.
B. The proviSiOtiS Of [his SectiUn are in adciition to, and not: irt lieu OF; .iny ot:her pcnalty, sanction or right
of actien provided by law for other related violations.
- C. Where feasible, the oNviler of the land on which the violation occurred shal) be named as a party to the
notice atid order. [n addition to any other persons who may be liable for aviolation, arid subject to thc
exceptians provided in tllis article; die oxvner shall be jointly and severally liable for lhe restnraeion af a
site and payment of any civiJ peualties imposccl.
D. ViQlation ofcritic3l area provisions of this code mea.ns: I.. The violation o1' any provision of Chapter ] 0.20 SV-NtC, Article T.II, Crikical Areas, or of the
administrai:ive ivles promulgated tlie.reundcr.T-lie-erd-iHft+Iee-eH6Fi2E1-i+l-GhBpt.8r-I-0.2p, cV\".G, A14ic-le-14,-
1-I-:20-e# the-Spekam-VaWzy :".4~.~+~ic-i{~al-Gode-1-~1:34.-5?EkSpc~~fle-GnuRty
G~c6e-~s-i~~-tnier-fn►-eriiit~ta-~Fe~~eghrEaEi~~;
2. Ttie: fiilure to obt'ain a permit required for work in ti c;riticzil area; or
3. The f.iilure to coinply wtkh tHe conclitions of atly perrnit, approval, ternis and conditians of any
' scnsitivc area traet or setbaek arc., ca.ternent, covcnant, plat rustriction or binding assurance; ar any
.
notice and order, stop Nvork order, mitigation plvl, contract or flgreement issued or concluded pursuant to
the above-mentioned provisions.
Ordinaoce 06-005 Amending Code Compliance Sections Page 17 of 21
nRArT
E. Any person in violation of Chapter 1020 SVViC, Articlc.T_II, Critical Areas, may be subjcct to civil penal(ies, costs and fees as follows:
1. According to t}ie civil penalCy setiedule under SViMC 10.30.470; provicted, that the exact
amount oF the penalty per violation shall be detennined by die City hased on the physical eYtent and
severity oft:he violation; or
2. The greater of '
a. A.n arr►aunt cJecemlined to be eyuivalent to the economic benefit that the person
responsible fnr a cade violation derives from the violation, measured as the total of
i. The resulting increase in ma.rket value nf the property;
ii. The value received by the pem, on respansible fior a violation;
iii. Ilie savings of construction costs realized by the person responsible for a
code violation as a result of pertorminc, any act in violat:ion oE Chapter 10.20 SVMC, ArCiele ]_T_[, Cri[ical
Areas;or ,
b. Cnde compliance costs (sueh amount not to exceed $25,000) incurred by the City to
cnforce : ' Chapter 10.20 SVMC; Article 111, Critical Areas, $s-adopted-ei-ljei=ea€tef
fmended-er-FepEawed--wEt13--pew .it:^al fti-eas ar,t:.,f..ee; er- r-ea..,^*;en^ againsc t:he person
responsible f'or a code violation. (Ord. 04-013 § 1(1.20.37), 2004).
1.0.30.520 Cost recovery.
A. In addition to the other remedies avxilable uncler lhis ari.icle, upon issuance af a nolicE: antl drder or
stop work order the City shall chv-ge the costs of pursuing code compliance and abatement incurred to
correct a cocte violation to the person responsible For a code vinlation. The,se charges include: .
1. Reasonable Legal fees and Cpsts. For purposes of this section, "reasonahle legal fees fuid
costs" shall includc, hut arc nUt lirriited C0, lebal personnel cosls, bolh clirect and related, incurred to
I enforc;e Che provisions of this article as mav be allowed bv law: and
2. AdminislraCive Personnel Costs. For purposes of this section, "administrative personnel costs"
shaLl i.nclude, but are not limited to, administrative employee eosts, both direct and related, incurred to
cnforce the provisions oPthis tirlicle; ancl
3. Abatement Costs. The (;ity shall keep aai icumired account of costs incurred by the City in the
abatemer►t of a violacion under t:his arlicle. Upon completion nf any abzttement Nvork, Glie City shall
prepau-e a report specifyitig a legal desciFiption of the real property w}Zere the abstement wprk occurred,
the work done for each pmperty, the ilemizeci costs of Che work, ancl interest accrued; ijncl
4. Achial expenses and costs of the City in preparing notices, specifications and contracts; in
accomplishing or contincting and inspecting the work; aricl the costs of any rcquircd printina, mailing or
court filing fees.
B. Such costs are due and payable 30 days frorn mailing of the invoice.
C. All costs asscssed by the City in pursuing code compliance ancUor abatemenr create a joint and several
personal obligation in all pcrsotis responsible for a violatior►. The ofliee of the eity attorney, ou behalf of
the City, may collect the costs of code compliance efforts by any appropriate legal means.
D. In addiCion to, or in lieu of, any odler sciite or local prnvisinn for the recovrery of costs, the City
rnay, after abatina a violation pilrsuant to this article, file ior record with the Spokanc County auditor to
clai►n a lien agai.nst thc real properiy for tt►e iissessecl costs ident'ifed in this article if the violation was Ii-easonably related to the real propcrt:y, in aeeorclanee with the provision anv lien r»•ovisions aut:horizecl bv
Ordin:utce 06-005 Amending Code Compliance Sections Psge 18 0('21
DRAFT .
staEe law. r-e;►fer dig.~:;~'n~r~i~',. !ter ;r tGr-Fi~Fls -RfTf'~tfrrf!-sfljfl--}iefi-alr~Nye
~ . _ sa-;;;e ;=r',iiiiiieFetq-.c.s~~eh-1 ef1;. E. Any licn filecl shall be subordinate to all previously exisling specii►l assessmenl liens imposed on the
same property and shall be supcrior to all otFicr liens, e:ccept: for statc and county t.axes, wit.}i which it shall
sh-ire priority. The City of Spokane Valley may cause a claim fqr lien to be filed for record within 90 days
from the later of the datc ihal the monetary penalty is due or the date the work is completed or the
. nuisance abated. Tlic claiin of lien shall cantain suffcienl in.formacian regardin,; the notice ef
vteFtrtjonand order. a description of the property to be charQed Nvith the lien, the otvncr of record; and the
toLi) oi'[he Iien. Any sueh c;laim of lien may Ue amended from time to tiuie to reflect changed conditions.
Any such lien shall bind the affected property for the peripd as providcd fpr by staie law. (nrd. 04-013 §
I ( I 20.34), 2004). 10.30.530 Collectiori of civil penalties, fees and cosls.
The City may use the seivices of a c.ollectioii agency in order to collect any c.ivil penalties, fees; costs,
andJor inleresl oNving under this article. (Ord. 04-0l 3§ 1(1.20.39), 2004).
10.30.540 Abatement.
A. Eniergency Abatement. 1'Vhenever a condition constitutes fui irnmediate threat to the Eaublic healdi,
safety or welfiire or fo the environment, the City may summarily and without prior notice abate the
condition. Notice of such abaterncitt, inCluding the rGaSOn 1'Or ii, shall be given to the person responsible
f'or the violat.ion wq soon as re<tsonably possible lfler the abatement.
B. Judicial Abal4menL The City may seek a judicial abatement order from Spnkane County superior
court, to abate a conciiCiori Nvhich conCinues to be a violation af this code where other rnechods of remedial
action have failed to produce compliance.
C. The City shall seek io recover the costs oE abatemenC as authorired by chis artiele. (Ord. 04- 013 §
1(1.20.40), 2004).
10.30.550 C'ude compliiince abatement fiin.'d -t1,uthoT•ir,ed.
All monies collected from the assessment of civil penalties and for abatcrncnt costs ancl work sliall be
allocated to supporl' expendilures t'or abatement, and shal) be accounted for tlirough either creatioa of ai-i
account in the fi.ind fior such abatcmcnt costs, or oater appropriafe aceounting mechanism. (Ord. 04-0 li §
1(1.20.41), 2004). 10.30.560 AdministraYivc appcals - Stancling- Filin; requirements.
A. Any persdn issued a iiotice-ot wio4at-ioFl-or-rrtui3ed-i-n-a notice and order or stop work order, 1lld 3t1y
owner of the land where the violation for whieli a , notiec aricl orclor or stop work. order
is issued may f le a notice of appeal of the foUowing: '
1.- . ;
i~'oiice and orctcr;
32. Stop work order.
,
B. A complainant who requests to be kept advised ma_y appeal a determination of compliance by the City.
Orc{imioce 06-005 tlmending Cade Compliance Sections Page 19 of21
DRAFT
C. Apcrson that docs not meet the requirernents of subsection A or B of this secEion does nol' have 'standing to appeal under this article.
I D. flny person kiling an appeal uncler this article who was issued a notice and order,
or is the owner of the land where the violation occurred, shall dA so by obtaining the appeal fornl &om the
City and filing dle completed appeal fo»n within 20 days of service of the rceEitse-efvislaE+sfl; noticc and
order or stop work or(ler. Failure 1:0 al)nEal t:l-ie notice and order or ston work order within the anolicable
time limits shall render the notice and order or stoo -work order a fina) determination that the condilions
describeci in the nociee ancl order existecl and aonslitutecl a violation. and that the naiTied oartv is liable as a
person resnonsitale for a code violation. A co►nplainant whp appeals die deterniination of compliane€ by
the City must file a.ny such appeal withi.n 20 days oFservice of the deterrninafion ofi cornpliance.
E. Any administrative appeal considered tuider this article will be determined by the hearing examiner
~ pursuanl to Chapter,1035 SViVIC, lA.rlicle J, as adooted or hereafter amended_ unless in conflict with
specifc provisions of this artiele, in which casE the specific provisions of this article shall controL (Ord.
04-013 § ](1.20.42), 2004). -
10.30.570 Aaministrative appeal -Notice of hearinti. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, IocaCion and
I C1aCG Urtflt F1Etiring On [flG iSSUGS ic18n1.ifieCl On the , notice and order or stop work order.
The City shall mail this notice by certified mail, five-day return receipt requested, to the persor►(s)
responsible for a violation. (Orcl. 04-013 § ](1.20.43), 2004).
10.30.530 Adrninistrative appea) - Procedures. A. Tkie appc.31 hearing s}iall be eonducted as provided for in the ordinance codified in Chapter 1035
SVViC, Article l, as adopted or hereafter amended.
B. Cnforcement of any notice and order of die City issued pursuant to this article shall he st.3yecl during
the penclency of any aclministrative FippC:1I CXCEpf -vV}1CI7 the City determines that the violation poses a
' signiticant threat of immediate andlor irreparable harm and so st'afes in any noticc Anct order issued.
C. Bnf4rcement of any stop Nvork order issued pursuant to th.is areicle shall not be staycd during the
pendency of any administralive appeal untier this arlicle. I D. When multiple; fie4e~s 3f vielaEieH,-notices and order or stop work orders have been issued
simultaneously for amy set of facts constitirting aviolaYion, only one appe;al oFall the eriforcemcnt
acCions sbal I be aI lowed. (Ord. 04-013 § 1(1.20.44), 2004).
10.30.590 AdminisYrative appcal - Final oriler.
A. rollowing review Qf the evidence, the hearing examiner shall issue awritten order coritaininp finclings
~ and conclusions, and shall affirm or modify the ne6ee-ef-violittier~,-notice and ordcr or stop work order
previously issued if the hetu-ing eY-aminer fintls that a violation has occurred. The hearing examiner shall
I uphoid the appeal and reverse the eiti-Aien-eF notice and order or stoo work nrder if the extuniner rmds tbaC
no violqtion ocaurrcd. .
B. I.f an owner of property where the violation has occurred has affirmatively clemonstrated t1lat the '
violation was caused by annther person or enciCy noC the abent of the properfy owner and without the
owner's knowledge or consent, such properly owner shall be respaisible only for abatement of the
Ucdinaoce 06-005 Amendina Code Compliance Sections Page 20 oP21
nRAFr
viola.tion. Stricc complivnce with permit requirements may be wziived regarclina che perf'onnarice of siach
- abatement in order to avoid doina substantia-I injustice to a nonculpable property owner.
C. The hearing eYaminer's Fnal arder shall be final and conclusive unlcss proceedin~,s for review of the
decision are properly cornlnencecl in Spokane Count}, superior court within the time period specified by
Applic.able statc law.
~ D. A Enal order by the hetu-inb etaminer aiftrming, revol:ing or modifying a fteEiee-ef-vielafieFt; nolice
and order or stop work order is a final decision. (Qrd. 04-013 § 1(1.20.45), 2004).
10.30.600 Judici;,l enforcement-:['etition for enforcement.
A. ln addicion to itny other judicial or xdminisl-rative remedy, the oL[ice of [kie ci[y attorney, on bclialf of
the City, riiay seek enforcement of the City's order hy filing a petition for enforcement in Spol:ane County
. superior court.
B. The petition must name as respondent each person againsC whcam CFie City see}:s to obivitt eivil
enfiorccmcni.
C. A peticion for civil enforcement: may re(iuesC monetary reliei; declru-atory rcliet; temporary or
permanent injunctive relief, and any aiher civil »emedy provided by law, or iuly cambination of dle
foregoing. (Ord. 04-013 § 1(1.20.46); 2004). '
Section 2. Severabililv. If any section, subsection, Senlcrice or clause of this chspter is tor
any reason held to be invalid, such clecision shall not afTcct: thc v2lidity of the remaining provisions of this
chapter.
Section 3. EfPective clate. This Orcfinance shal( be in full forcc anci effect five days after
publication of this Orctinancc or a stlnirnary i:hereof oc.curs in t:he official newspaper of the City as
provided by law.
Passed on this day of March, 2006.
Nta}_qr, [7iana Wilhice
ATTEST:
City Clcrk, Christinc Bainbridae
Approved As To Form:
Off ce of the Ciey Aitomey
Taate of Publicatiorl:
r Ffectivc Date: -
Ordinance 06-005 Ainending Code Compliance Sections Pa-c 21 af21
CITY OF SPOKANE VALLEY
Request for Council Action
. Meeting Date: February 28, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ~ new business
❑ public hearing
❑ information . El admin. report ❑ pending legislation
AGENDA ITEM TITLE: Spokane County Service Agreements
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: The following service agreements with Spokane
County were presented to Council on February 14, 2006: Animal Control, District Court,
Hearing Examiner, Jury Management, Pre-Trial Services, Prosecution, and Public Defender.
There was Council consensus to place the agreements on the February 28, 2006 agenda as a
motion consideration, with each agreement listed separately as a sub-item of the single motion
consideration.
BACKGROUND: Spokane Valley has 17 serviGe agreements with Spokane County. Many of
the city services are performed by the County through interlocal agreements. Most of these
interlocal agreements expired at the end of 2004, but the City and County agreed to extend the
contracts under existing terms pending finalization of the revised contract provisions. The City
'r- and County staff have been working on developing a model agreement to utilize in the renewal
of these agreements for the year 2005 and beyond. The agreements being presented with fhis
agenda item are in final form and ready to be approved by Council.
This agenda item presents the model agreements for Animal Control, District Court, Hearing
Examiner, Jury Management, Pre-Trial, Prosecution, and Public Defender.
RECOMMENDED ACTION OR MOTION: Move to approve and authorize the City Manager
to execute the following agreements: Animal Control, District Court, Hearing Examiner,
Jury Management, Pre-Trial, Prosecution, and Public Defender.
BUDGET/FINANCIAL IMPACTS: The city has budgeted $17,412,296 in 2005 for County
service agreements. Reconciliation of 2005 settle and adjust agreements will take place in
summer of 2006.
STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative
Analyst
ATTACHMENTS l. Model Agreement for Animal Control
2. Model Agreement for District Court
. 3. Model Agreement for Hearing Examiner
4. Model agreement for Jury Management
5. Model Agreement for Pre-Trial
6. Model Agreement for Prosecution
7. Model Agreement for Public Defender
~
Return to:
Danicla Ericl:son, Clerk of the Board
13oard of County Commissioners. 1116 W. Broadway
Spokane, Washington 99260
.L1'TERLOCAL AGREEiV[ENT FOR ANfiN1AL CUNTROL SERVICES
iN TIIE CTI'Y OF SPOKANE VALLEY
(.lanuary l., 2005 -Decembcr 31, 2005)
TFITS AGREENiE-i\°T, made and entercd into by and behveen Spolcanc County, a political
- subdivision of the Suite of Washington, having offces for dhe transaction of business at 1116 West
Broadway Avenue, Spokane, Washingtsn 99260, hereiriafter referred to as "COtJNTY" and the City of
Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of
business at the Redwoad Plaza, 11707 East Sprdgue Avenue, Suite 106; Spokane Valley, Washington
99206, hereinaRer referred to s.s "CITY," jointly hereinafter rcferrecl to as the "PA.RTIBS.° The COU-NITY
ancl CI1'Y agree as follaws.
SEC'1'lUN r°O. l: RFCT]'.ALS AND FMIiNGS
(a) The Board of County Commissioners of Spokane County has dhe care ot' COUNTY
property and die management of COU\'TY funds and business under RCW 36.32.120(6).
(b) Counties and cities may contract with each othcr to perform certain funciions which each
may legally perform under chapter 39.34 RCW (Interloca) Cooperalion Act).
(c) Pursuant to the provisions of 3632.120(6) and RCW 36.32.120(7), Spokane County, -
through its Board of County Commissioners, may enact ordinances dealing with animal control within the
unincorporated lrea of Spokane County.
. (cl) City of Spokane Valley may enact ordinances dealing with animal control within its
boundarics.
(c) Thc City of Spokane Valley desires to utilize the services of Spakanc Cnunty for the
purpose of performing certain animal control functions within the hounclaries of the City of Spokane Valley.
~
Animal Ctintro) Intcrlocal Page 1 of 16
SECTlON NO. 2: DEFIN1T10N5 .
(a) Aereement: "Agreement" means this lnterlocal Agreement bettiveen the CITY and COUl~"TY regarding animal coritrol services.
(b) Citv: "CITY" means the City of Spokane Valley.
(c) Countv: "COUNTY" means Spokane County.
(d) Maintenance and Qnerations: "Mai.ntcnance and Operations" and "M&O" shall mean
those class cocles (3000-5999 and 7000-9999) used by Spol:ane County in its budgetary prc>cess a.s
prescribed by the BARS manual adnpted by the State of VJashington under chapter 43.88 RCW so long as
such e?:penditures are directly amibutable and proportionate to services rendered to CITY under the terms
of this Agreement.
(e) Scrvices: "Services" means those services idenlifed in Exhibit 1. 'I"hose Services do not
include Ncaring Examiner services. Hearing Exami.ner services are included in a separate agreement.
(f) Comoensation: "Compensation" means that methodology set forth in Exhibit 2 used to
establish ihe amount of money which the CITY will pay the COUNTY for providing Services.
(g) Caaital Imnrovement: "Capi/al Improvement" shall mean any expenditurc in exccss of
$1999.99 or such higt►er figure as set by the COUNTY as the capitalization threshold during the term of
the Agreement. 7he COUNT'Y shall give the CITY advance notice of any increase in the capitalization
threshold. The I'AlZ'11E5 agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such expenditure will be coded as provided for in the RARS-manual adopted by lhe State of Washington
under IZCW 43.88.
(h) Uncontrollable Circumstances: "Uneontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrec;tions, acts of terrorism, external fires and iloods, volcanic
eruptions, liahtning or earthquakes at or near where the Services are pcrformCd andlor that directly affect
providing of such Serviees.
(i) Report: "Report" means the lime stucly prepared by the Spokane County Regional
Animal protection Service Department.
SEC'I7QN NQ. 3: PIJRPQSF
The purpose Af this Agreement is to reduce to wriCing the PARTIES' understanding as to the terms and
conditions under which the COiJNTY will provide Services on behalf of the CITY. lt is the intent of the
PARTTES that Services to be provided by the COUNTY will be consistent with the CITY'S
CouncillManager form of government provided for in chapter 35A.13 R_CW.
Animal Control Interlocal pasp 2 of 16
, SECTIOIV NO. 4: DURA'170N/WTT'HDRAWAL
This Ag-eement shall commence on January 1, 2005, and run through Decembcr 3-1, 2005.
At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year
themafter effective January V' to Decernber 31u' All renewals shaU be subject to all terms and conditions
set forth herein cxcept for rxhibit 2.
The PARTIES recAgnize it highly unlikety that Exhibit 2 setting forth the estimated costs for each year's
Services will be available at dhe start of any rene,,val time frame. Accordingly, until a new Exhibit 2 has
bcen prepared and agreed to between the PARTTF_S, the PARTIES agree that thc COUiNTY will bill the
- CITY and the C1TY will pay ihc COIJNTY at the same monthly payment rale usecl for the previous yea.r.
Upon the PARTIES agrcemenl on a new Exhibit 2, the CITY ancl COU'NrTY will reconcile payments to date
under the previous years payment schedule with the new payment schedule. Any underpayment for any
Services will be due in the frst payment due following recnnciliation. Any overpayment for any Services
will be credited to the first monthly payment due following the reconcitiation. '1`he PARTIE5 agree that no .
interest shall be owing by either Party to the other Party for iiny overpayment or underpayment determined
as a result of'the reconciliat.ion.
Any Parry may withtiraw at any ti.me Erom this Agreement fer any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the other F'arty.
SEC'I70\' NO. 5: COST OF SERVICES A~\TD PAYME\'TS
~ 11 The CITY shall psiy the COUN1'Y the actual costs for Services provided under this Agreement. The
estimated cost for 2005 Services under this Agreement shall be as set forth in E-xhibit 2, ariached hereto
and incnrporated herein by reference. This mcthodology uses the last six (6) monlhs of Report numbers for 2003 and first six (6) months of
Report numbers for 2004 and averages them for a twelve (12) month time frame. The resulting number
is used as a ba.sis to cstimate t.he 2005 cost of Services. I'he COU'NITY Cr0 shall advise the C11"Y
Managcr as soori as possiblc of any anlieipzjted or unanticipated capital improvement cosls thaC arise
during the contract period. The City shall pay capital improvement costs eithcr (1) under the Cost
Allocation Plan as nn inciirecl eost amortized over the useful life of tlie improvement utilizing straight-
line depreciation 1nd incorporating the expee[ed salvage valuc of the improvement at the end of its useCul
life or (2) as a direct cost in the forin of a*contribution made to the Equipment Rental ar►d Ttevolving
Fund. I'he CITY shall be responsible only for capital improvemen/ eosts incurred after iMarch 31, 2003.
Any portion of a cripiutl improvement that was paid for or acquired through tieparate agreement or. with
grant proceeds, bond prqeeeds, user fees, donations, or any other acquisition method that reflects a
contribution on be}ialf of CTTY shall nol be ineluded in the depreciation schedule applied tn the CITY.
Any capital improvement for which thc COTJNI`Y seeks reimbursement from the CITY must be
necessary to fiilfill the requirements ofdhis Agrccmcnl.
At ttie end of the calcndar ycar, using the methodology set forth in Exhibit 2, the PARTIES shall apply thc
ijeCual expenditures and the acttial usage percentage to dctermine the final cost. It is the PARTIES intent
dhat any adjustment talce place as soon as possible and accordingly will use their respective best efforts to
tirnely prcparc, clisseminate and review all expenditure documentation. The CI1'Y will have sixty (60)
calendar days from its receipt of the expenditure documentation to provide the COUNTY with any written
Aoimal Control Interlocal Yage 3 faf 16
objections(s) tA such doeumentatinn. The written objection(s) must specificalJy iclentify the e?tpenditure(s) ,
in question. The COLTNTY agrees to consider aIl written objectiAns reccived from the CITY wiihin thirty (30) ca{cndar days of receipt of the objections(s). In the event that the PARTIES cannot mutualty resolve
any written objection(s) submitted by the CITY within the thirty (30) calendar days time frame, or such
other time frame as the PAR'f'IES may mutually agree, the Qbjections shall be resolved pursuant to the
I7ispute Resolulinn provisions set forth in Sectinn No. 17. Pending resolution of tlie objections(s), the
PARTiBS "e that the CITY shall pay that portion of the bill that is undisputed.
To the extent that Che CITY was over billed in any year and the Agreemcnt is slill in effect, the COUNTY
shall credit the CITY for such overpayment in the next monthly payment owning by the CITY. Provided,
hawever, in the event the Agreemeiit is terminated at such time that the overpayment is determined, the
CO[JN°I'Y shall reimburse the CITY for any nverpaymeiit within thirty (30) calendar days. Tn the extent
that dhe CITY was under billed in any year and the Ageement is still in effect, the CI1'Y shal) reimbursc the
COUNTY for any underpayment in the next monthly payment owing by the CITY. Provided, however, in
the event the Agrecment is terminated at such time t:hat the underpayment is determined, thc CITY shall
reimburse the COUN`f1' for any underpayinent within thirty (30) calendar days. Either Parry may at its sole
option charge interest on any overpayment or under}aayment based on lost interest earning had the amount
determined due been invested in the re,spective PATtT1ES investment pool at the end of the thirty (30) day
time framc provided for hereinabove to the date nf payment_
Any resolution of a disputed amount Yhrough use of the arbitration process identif ed in Section 17 sha11
include at the request of either Party, a deterrnination of whether intcrest is appropriate, including the
amount.
The COUNTY will bill the CITY for the cost of servicss as outlined, monthly, by the 15`h of the month.
Monthly payments will be ealculated by dividing those annual cc>sts set forth herein abovc by twelve (12). -
Paymenu by tlie CITY will be due by the 5'h day of the following month. The COUNITY, at its sole option,
may charge interest on any late payment calculated on any lost interest carning had the amount cltie been
invested since the date due to the date of payment in the COUNTY's investment pool.
The methodology contemplates that the COUNTY will retain all revenues as outlined in Exhibit 2, collectcd
from performing such services.
SFCTION NO. G: 1tELATED RF,SPONSY13I1ITIES IN CON"CTIpN' WITIi PROViDT.NG
SF RVICES .
1'he COUN1'Y or its designee agrce to attend staff meetings as requested by the CITY Manager.
The COUNTY or its designee 6gree to meet upon request by the CITY Manager or his/hcr desi€nee to
discuss any Service provided under the terms of this Agreement.
The CITY agrees the COUNTY may use the COUNTY'S stationery in conjunction with providing
Services under the terms of this Agreement.
SECT14N n0. 7: r`OTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day such riotices or
other communications are receiveci when sent by personal delivery; or (ii) the third day followin ; the day on '
Animal Cuntrol Interlocal Page 4 of 16
r
which the same have been mailed by first class delivery; postagc prepaid addressed to the COUNTY or the
C1TY at the adclress set fnrth below far such Parly, or at such other adtlre;ss as either Parry shall from time-
to-time designate by notice in writing to the other Pari.y:
COUi\"TY: Spokane County Chief Exccutive Officer or his/her authorizeti renresentative
1116 Wcst Broadway Avenue
Spoksne, Washingtnn 99260
CITI': City of Spokane Valley City Manager
or his/her authorized representative
Redwood Plaza
11707 Last Sprague Avenue, Suite 106
Spokane Vallcy, Washington 99206
SECTION NO. 8: REPORTIl~'G
Reports - The COiJ~'TY shall provide the CITY wich reports doeumenting actual usage under this
Agreement. The Narties aaree that the terminology "rcports dncumentiiig aclual usage" means that type of
information provided by the COUN1'Y tn the C1TY in the 2004 ageemeiit for Services. An updated report
shall be submitted quarterly unless otherwise mutually ageed by the Parties. Such reports shall be in a
format as mutually agreed to betweeai the Parties. The content ancUor format for such reports may be
changed from time-to-time by written agree•ment between CITY and COiJN7`Y staff.
Recdrds Review - The CITY shall be allawcd to conduct random reviews of the recnrds geiierated by the
J COUN"fY in perf'onnance of this Agreement. The C1TY will provide the COLJ\'TY widi rcasenable
advane.e notice of the records reviews. The Part:ies agree that they will make best efforts to aehieve a
resolulion of any potential records confdentiality issues, includinj cntering into confidentiality agreements
or other similar mechanisms that will allow disclosure of the necessary infonnation lo accurately condueY a
records review. If the CITY will be allowed to view only thosc records directly relating to Services
provided within CI7'Y's corporate boundaries, then the COUNTY must keep a log of original d4cuments
used to charge the CITY, and those documcnts must have identifying numbers or letters so the original
sourcc documents can bc easily retrieved.
sECrroN No. y: covN'rrRPA:HTs
This Agreement may bc executed in any number of countcrparts, each of which, wlien so executed and
delivered, shall be Zn original, but such counterparts shall tosether constitute btrt one and the smne.
SFCTION NO. IQ: ASSIGNMENT
No Party may assign in whole or par[ its interest in this Ageement without the written approval of the other
PAlt'I Y.
S.ECTION NO. 11: COUl~'TY EM:E'LOYEES
The COUN'I'Y shall hire, assign, rctain and discipline all employees perfoiining Services urider this
_ Ageement according to applicable colleccive bargaining agreements and applicable state and federal laws.
" Animal Control Interlocal Page 5 Of 16
The COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide ' .
Services. Issucs of discipline or performance will be specifeally handled according to COUNITY policies.
SECTTON NO. 12: LIABILTfY
(a) The COUNTY shall indemnify and hold harmless the CIT1' and its officers, aDents, and employees,
from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature
wfiatsoever, by any reason of or arising out of any ncgligent act or omission of the COUNrfY, its officers,
agents and employees, relating tn or arising out of performing Services pursuant to this Agreement In the
event that any suit based upon such claim, action, loss, or damages is brought against the C17Y, the
COUNTY shall defenci the same at its sole cost and cxpense; prnvided that the CI7'Y reserves the right to ,
participate in saicl suit i.f any principle of governmental or public law is involved; and if final judgment in
s.aid suit be rendered against the CITY, and iu officers, agents, and employees, or jointly agiainst the CITY
and the COLJ~~TY and tiheir respective officers, agents, and employees, the COUNTY shall satisfy the same.
(b) The CITY shall indemnify and hold harmless thc COUNTY and its officers, agents, and employees,
from any and all claims, actions, suits, liability, loss, costs, expenses, and clamages of any nature
whatsoever, by any re.ason of or arising out of any negligent act or omission of the CI1'Y, its officers, agents
and employees, relati.ng to or arising out of performing Services pwsuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or dacnages is brought against the COUNITY, the CITY
shall dcfend the same at its sole cost and expense; provided that the COiJNITY reserves the right to
participate in said suit if any principle of governmentnl or public law is involved; and if final judgment in
said suit be rc:ndered against the COIJNTY, and its ofricers, agents, and employees; or jointly against the
COIJNTY anci the CITY and their eespective officers, agents, and employces, the C17`Y shall satisfy the ,
same. •
(c) If thc comparative negligence of the Parkies and their officers and employees is a cause of such
damage or injury, the (iability, loss, cost, or expense shall be shared beriveen the Parties in proportion to
thcir relative degree of negligence and the right of indemniry shall apply to such proportion.
(d) Wherc an officer or employee of a Party is aeting under the direction and control of tlie other
Aarty, the Party directing and controlling the officer or employee in the activi .ry and/or omission oiving
rise 10 liability shall accept all liability for the other Party's officer or employee's negligence.
(e) Eaclt Party's duty to indemnify shall survive the termination or ex.piration of the Agreement.
(D 'I`he foregoing indemnity is specifically intended to constitute a -vvaiver of cach Party's immunit),
under Washington's Industrial Insurance Aet, chapter 51 RCW, respecting the other parly only, and only to
the extent necessary to provide the indem.nified Parcy with a full and complete indemnity of claims made by
the inclemnitor's employees. The PARTIES acknowledge that theseprovisions were speeifically negotiated
and agreed upon by them.
(g) The COUNI'Y and the CITY ag-ee to either self insure or purchase policies of insurance covering
the matters contained in this Agreement widi coverages of not less than $5,000;000 per accurrence ~vith
$5,000,000 aggregate limits including professional liability and auto liability coverages.
Animal Control Intcrlocal Page 6 of 16
S:F;CT10N NO. 13: RELATTONS.111Y OF TFIE FARTIFS
The PAR.TIES intend that an independem contr~ctor relationship will be created by this Agrc;ement. The
COIJN-IY shall be an independent contractor and not the agent or employee of the CI1`Y, that the C1TY is
interested only in the ee,,sults to be achieved and that the right to control the particular manner, method and
rrieans in which the services are performed is solely within the discretion of the COU`NTY. Any and all
employees who provide Services to the Cl7'Y under this Agreement shall be dee.med employees solely of
the COLJN I'Y. The COIJNTY shall be solely resppnsible for the conduct and actions of all employees
uncler this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or
representative of the CITY shall be deemed to be an employee, agent, servant or representative of the
COLNTY for any purpose.
SECTION \'O. 14: MOnIEICATION
This Agreemenl may be modified in writing by mutual ~vzitten agreement of the PARTIES.
SECTION Nn. 15: PROYi:RTY AIYD FQLTII'NTE1VT
The ownership of all property and equipment utilized i.n conjunction with providing the Serviccs shall
remain with the original owncr, unless otherwise spccifically and mutually agreed to by the PART'IES to
lhis Agreement. For the purpose of this section, the terminology "owner" means that Party which paid
the full purchase pricc for the property or equipment.
SECTIO\` NQ. 16: ALl. W1t1T1NCS CONfAIl~TED HE REIN/I3]NT)L1'G EFFECT
.
This Agreement contains tenns and conditions agreed upon by the FARTIES. The PAfZTTES agree that
therc are no other understanding„S, oral or otherwise, regardinn the subject marier of this .Agreement. No
changcs or aclditions to this Agrecment shall be valid or binding upon the PARTIES unless such change or
addition is in writing, executed by the PAR°I'1E5.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SFCTTON NO. 17: DISPUTF RESOLUTIQN
Any dispute bctween the PARTfLS which cannot be resolved bcC«-een the PARTTE$ Shall be subjeet to
arbitration. Fxcept as provided for to the contrary herein, such dispute shall frst be reducecl ln writing. If
the COUNTI' CF_O and the C1TY Ufanager cannot resolvc the dispute it will he submitted to arbitrjtion.
The provisions of cliapicr 7.04 RCW shall be applicable to any arbitration proceeding.
The COUNTY and the C;1TY shall have the right to designafe one person each to act as an arbitrat.or. 7'he
tNvo selected arbitrators shall then jointly seleet a third arbitrator. The decision of the arbiti•ation panel shall
be binding on the PARTLFS and shall he subjecl to judicial eeview as provided for in ehapter 7.04 RCW.
The costs of ttic arbitratian panel shall be equally split berivicen the PAR"rI:ES.
Animal Control ,lntcrlocal PAgc 7 of 16
SECTION N0.18: VENUE SIIPULATION
This Agreement has been and shall be construed as having been made and delivered within the State of "Washington and it is mutually understood and agreed by each party that this Ag-ecment shall be
governed by the laws of the State of VVashington both as to interpretation and performance. A.ny action at
law, suit in equity or judicial pmceeding for the enforcement of this Agreement, or any provision hereto,
shall be instituted only in courts of competent jurisdiction witliin Spokane County, Wa,shington.
SECTION NO. 19: SEVFRARIT,,iTX
T'he PARTIES agree that if any parts, terms or provisions of this Agreement are held by the couR.s to be
illegal, the validity of the remaining portinns or provisions shall not be affectetl and the rights and
obligations of the PARTIES shall not be affected in regarcl to ihe remainder of the Agreement. If it should
appear that any part, term or provision of this Agmement is in conflict with any scatucory provisinn nf the
State of Wa.shington, then the part, terrn or provision thereof that may be in conflict shall be deemed
, inopcrative and null and void insofar as it may bc in conflict therewith and this Agreement shall be deemed
to modify to conform to such statutory provision.
SECTIO\° NO. 20: YaCORDS
All public records preparett, o,,timed, used or retained by the COUNTY in conjunetion with providing
Services under the terms of this Agreement shall be deemed CITY property and shall be made av3ilable to
die CI?Y upon request by the CI`I'Y Manager subject to the attorne_y client and attorney c+rork product
. privileges set forth in statute, court nile or case law. The COUNTY will notify the CIT1' of any publie
disclnsure request under chapter 42.17 RCW for copies or vie-wing of such records as wetl a„5 the .
COUNTY'S response theret:o. •
SECTION iNO. 21: HEADTNGS
The section headings appearing in t.his Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not Ue deemed to define, limit
or extend the scope or intent of the sections to which they pertain.
SCCTIUN NO. 22: TiME OF ESSENCE UF AGREEAZEn'T
Time is of the essence of this Agreement and in case either Party fails to perform the obligatinns on its
part to be performed at the time fiaed for the performance of the respective obligation by the tcrms of this
Agreement; the other Party may, at its election, hold the other Party liable for all costs and damages
caused by such delay.
SECTION NO. 23: UNCONTROLLAJ3LE CIRCUMSTANCES/IlVIPOSSIBLLITY
A delay or inlerruption in or failure of performance of all or any part of this Agreement resulting from
Uncontrollable,Circ:umstances shall be deemed not a default under this Agreemcnt.
A delay or interruption in or failure of performanee of all or any part of this Agreement resulting from
any change in or new law, order, rule nr regulation of any nature which reiiders providing of Serviecs in
accordance Lvith the terms of this Agreement legally impossihle, aiid any ot.her cireumstances beyand the
Animal Cantral Interlocal Page 8 of 16
cont-rol of the COUNTY which render legally impossible the performanee by the COUNTY of its
obligations under this Agreemenl, shall be cleemed not a default under this Agreement.
SECTION NO. 24: r[LING
This Agreement shall be filecl by the County with such offices or agencies as required by chaptEr 39.34
RCW.
SEC"1'TQN AI(). 25: EXECTJTION A1VD APf'120V AL
The PARTIES warrant that the officers executing below have bcen duly authorized to act for ~►nd on
behalf of the Party for purposes of confirming this Agreement.
SEC7ION NO. 26: IN11`IATNES
`l'hc PARTIES recognize that revenue redueing initiative(s) passed b}' t:he voters of Washington may
substantially reduce local operating revenue for the CIT'Y, COLJNTY or both PARTIF.S. T`he PARTICS
agree that it is necessary to have flexibility to reduce the contracted atnount(s) in this Agreement in rf:sponse
to budget constraint~s resulting from the passage of revenue reducing initiative(s). 1f such an event occurs,
the PARTIES a&q-ec to negotiate in gaod faith to achieve a mutually agreeable resolution in a timely fashion.
SECTTO\` NO. 27: COM:YLIA.NCE VVPCFI LAWS
The Parties shall observe all federal, state and loaal laws, ordinanecs and regulations, to the eCtent diat they
l~. may be applicable to the terms of this Agreement.
SECTTON 1'O. 28: DISCLA.TMER
Ercept as othenvise provided, this Agreement shall not be constnied in any manner that would limit
either Party's authorit'y or powers under law.
SECTTQV NO. 29: ASSURAVCE
"1`he C1TY shall pay the COiJI~'TY the krue and full cost of all Services provided uiider this t\greement.
The intent of the Pflrties is that neixher I'arty will subsidize the other and that the CiTY will not subsidize any other jurisdiction that is receiving similar services.
Animal Contrnl Iritcrlocal FAge 9 af 16.
IN WITNESS WB:EREOF, the PA1tTIES have caused this Agreement to bc executed on date and .
year opposite their eespective signatures. llATED: BOARD OF COU'NT'Y COMMIS$IO\iERS
OF SPOKANE COUNTY, WASMINGTON
TODD MICLKE, Chair
ATTEST
Clerk of the Board MARK W.CHA1tI7, Vice-Chair
I7aniela Erickson PHII,LII' D. HA.RRIS, Commissioner
DA'1Lll: C1TY OF SPOKANE VALLFY:
A1 CEST:
. David Mercier, City Managcr
Christinc Bainbridge, City Clerk " .
APPROVEIa A.S TO I'ORM QNLY:
Office of City Attorney
Animal Control Interlocal Page 10 of 16
; EXITIBIT 1
COUNTY through the Spokane County Regional Animal Protection Services (SCI2APS) will nrovide
Animal Control Services to CTTY within the CITY's boundaries.
Por the purpose of this Agreement, Animal Control Services shall include:
1. Enforcement of CITY'S A»imal Control Ordinance;
2. Enforcement of CITY'S Inherently Dangerous Mammals/Reptiles Ordiria►ice;
3. r.nforcement oPchapter 16.08 RCW (DoP.~s);
4. T'nforcement of chapter 16.52 KGW (Prevention of Cruelty to Animals); and
5. Fnforcement of chapter 16.54 RC`V (Abandoned Animals).
Fnforcement includes field services, shelter services; educational services, the licensing of ciogs, ca~s Fuid
inherently dangerous mammalslreptiles, and appearing bef'ore all administrative and juclicial heaeings in
conjunction with such duties and functions.
Fielcl Services include those provided during normal hours of operation as well as ernc rgency services
provided only after normal hours of operation. Normal hours of operation are Monday through Friday, 7:00
A.M. to 6:00 P.M. and Saturday, 9:00 A.M. to 5:00 P.M. except holidays. Field Services provided during
normal hours of operation are.: (1) Dog at large complaints; (2) Cat at Iitrge on private property; (3) llog
barking; (4) Dog or cat - no license; (5) I7og or eat - no rabies vaccinatinn; (6) Dog thrcatens person; (7)
Dog threatens domestic tinimal; (8) Dog or cat bite; (9) Ltjured dog or cat; (10) Sick cloa or eat; (11) Agency
assisr, (12) Abandoneti animal; (13) Animal cruelty; (14) Dead on arrival dog nr cat; (15) Confined dog or
cat; (16) Trappine dog or cat; (17) Vicious dog; (18) Kcnne] inspECtions; (19) Dangerous dog inspections;
(20) Inherently dangerous mammal or reptile inspections; and (21) Other as cleemed ncce,ssary by the
department.
Field Services provided after norrr►al hours of operation; referred to as Fmergency Services, include: (1)
lnjured or sick dog/cat; (2) Dog/cat bite - dng/cat is still at large; (3) T)og bite - severe dog bite (victim is in
hospital and dog will need to be quarantined immediately in the c.ounty shelter); (4) Vicious or thrr,atening
dog - dog threatens persons or domcstic animals and is slill at large; (5) Animal in oiu humane trap that is
makinb a disturbwice or injuring itsclf; (fi) Other law enforcement aaency requests our assistance when
animals are involved; (7) Other emergency sucli as extreme cruElty, pet dying in a hot vehicle, etc.; (8)
Fxocic DANGEROUS l':ET al large (i.e., cougar, tiger, wrolr, bear, etc.); and (9) Multiple calls on same
problem - animal control officcr on call will evaluate and make a detertnination on whether lo respond.
Shslter Serviccs are providecl Vlonday, Tuesda}+, Thursday and Friday, fmm 10:00 A.M. to 5;30 P.M., and
Saturday from 1:00 P.M. to 4:30 P.M., closed Vlrecinesclay, Sunday and holidays, a.ncl ineludc full service
animal shelter services: (1) Housing doglcat - occasional other animal; (2) Pet license progrvn; (3) After
hours animal receiving room; (4) Animal retlemptions; (5) Fldoption program; (6) Volunteer program; (7)
Dog training program; (8) Trapping program, ancl (9) Crematorium on site. Educacional services include:
(1) Dog bite prevention program - elementary schaols ancl scrvice worke•rs; (2) $chool citreer fair
par[icipation; (3) Specialty presentations available upon rcquest; (4) Public service announcemcnts -
newspaper; radio and television; (5) Cnmmunity outreach - fair booth, licensc clinics, special events; etc.;
and (6) Website.
,
Animal Control Interlocal Yage ll of 16
Thc COU1'Tl' may conduct surveys widiin CITY for unlicensed dogs and cats. ,
In conjunction with the enforcement ef ltems No. 1 and 2 herein above, CITY shall aclopt and keep current
by apprapriate legislative action, both an (i) Animal Control Ordinanec and (ii) Tnherently Dangerous
IvlammalslReptiles Ordinance substalrtially identical to those adopted by COUN~I`Y as they presently exist
or as they may hereinafter be modified/amended, to include all fees/penalties. This responsibility shall nat
be deemed a restriction upon ihe CITY's legislative po,.ver. The City of Spokrvne Valley may enact
ordinances dealing with animal eontrol within its boundaries; and
COUN"IY shall pravide CITY with a copy of Chapter 5.04 and Chapter 5.12 of the Spokane County Code
and all subscquent modifications/amendments thereto. CITY shall provide COUN7"Y with copies of ils
adopted/amendecl Ordinances substantially identical to Chapters 5.04 and 5.12 of the Spokane County
Code.
CITY shall provide legal eounsel to prosecute any citations/complaints issued by COUNTY in enforcement
of Iterns No. 1 through 5 hcrein above in the Municipa) Court or Superior Court.
1n perforniing thc above Animal Control Services, COUNTY will provide such personncl, as it deems
necessary as Nvell as any and all vehicles and materials of any kind or nature whatsoever at no cost to CIT1'.
COUNTY will provide Animal Convol Services above and bcyond those set forth herein to CITY at cost
negotiated behveen CITY and COUNT1'.
, Animal Cc►ntrol Interlocal Page 12 of 16
Exhibit 2
Spoksne County
" Spokane Valley Animal Control
2005 Contract
Component A Comnonent l3 ~j Component C
. ~
'
w
2005 ISpokane Percentage Aclopted Budget Valley Contract Amount
Departmental Expenclitures Salary - $04,917.00 49.24% 396,341. ] 3
M& O 206,980.00, 49.24%1; 101,916.95
lndirect Costs 271,577.80" 49.24%,:; 133,724.91
T~epartmcntal Revenues 420,994.00 4924% 207,297.45
Total 862,480.80 424,685.55
Nutes
'"Component A represents Animal Control's 2005 aclopted budget
for revenues and expenditures. Itevenue.s do not include estimated
donations, neutering reimbursements and suroharaes, and contract
revenucs. *#'I`he percentage of ser-vices provi<led to Spokane Valley is based
upon the results ofa Time Stutly performed by the Animal Control
Services Departmcnt. Thc percentage of services provided to
Spokane Valley was 49.24% based on statistics (January - Dec
2004). See Attachment A.
Componcnt A multiplied by Component B equates thc contracl
aIt10UIlt.
**'`The lndirect (Overhead) rate of 33.74% is only applied to
salaries. The indirect rate is based on Spokaiie County's OMB A-87
Cost Flan Escalatcd 2003 for 2005, adjusted to only inclucJc
depreciation ofeapital improvements acquired after the City's
official date of incorporation, prepared by PRM Group, an
independent plari preparer. See AlUichment B.
~
\Animal Control lntcrlocal Page 13 of 16
Spokane Couoty Spokane Valley Animal Control "
Attac6ment A-Timc Study Statistics •
January - Deccmber, 2004
2005 Contract Request
for Emergency '
Service Impounds investigations Calls Trappine Total %
Spokane County 4,418 3,215 350 51 160 8,194 47.59%
Spokane Valley 4,332 3,563 294 46 194 8,479 49.24%
Millwund 83 65 3 l 2 154 0.89"/0
Chene_y 160 135 12 1 2 310 1.80"/0
Fairchild AFI3 30 46 3 3 - 82 0.48%
Total 9,023 7,024 662 152 358 17,219 100.00% .
Animal Control Interlocal Page 14 nf 16
Spokane County, Washington
OMB A-87 - Indirect Cost Rates .
~ Fiscal 2003 for Budget Year 2005 •
-(Includes Escalation Factor Applied to 2003 Actuals to Moro Accurately Reflect Costs for 2005)
(2005 Budgeted Salary 8. Benefits oxcludes multi-year salary 8 benefits)
(Adjusted to exclude Building and Equipmont Depreciation for Purpose of Outside Contracts)
Attachment B- Indirect Rate for 2005 .
Central Service Less: Bldg Less: Equip Adjusted Central Salary & Indirect
Department Cost Deprec Deprec Service Cost Benefits Cost Rate
AnimaF " . . : • ; • . . . . . . .
Control ' 281,044 7,145 2,317 271,578 804,917 33.74%
Communicati
ons 144.054 357 48,907 94.790 382,272 24.60%
Counsel for
Defense 63,074 2,032 1,432 59,610 707,207 8.43%
IDistrict Court 984,614 10,350 ~ 22.707 ~ 951,557 ~ 4,493,136 1 21.18%1
Emergency
Services 188,247 2,383 23,349 I 162,515 I 332,951 I 48.81%
Hearing
Examiner 13,548 - 111 13,437 152.681 8.80%
lPre-7rial ~ 122,409 I 123 I 440 121,846 ~ 317.774 ~ 38.34%
lProbation 1 48,651 1 354 I 2,473 45.824 ~ 566,604 ~ 8.09'/0
ProsecUting
AttY 547,252 659 1,175 545,418 7,771,083 7.02%a
Public '
Defender 388,751 15,422 8,865 364,463 4,713,255 7.73%
ISheriff ~ 2,530,659 17,659 ~ 408,109 ~ 2.104,891 22,905,862 ~ 9.19%
'Animal Control - adjusfcost allocation: : • . .
` From the Escalated OMB A-87 Plan 2003.Actuals:for use in 2Q05 Budget Year .
2005 allocation to Animal based on 2003 actuals: • 458794 .
Less: Prosecutor as SV has separa.te contract • ' ..:(33;518)' . .
. • . .
Less: 2003•ISD cost of new system: :(214;594)': - • : . . . See- .
Add- year 1. of 10 for amortized cost of system 21.459 . Attachment C
Equal: Adjusted 2005 allocation fo.Animal based on 2003.actuals 232,141 .
Less: Amount allocated in 2003 66'sed:on;2001 actuals . (183,243) " . . . . .
Equa1: amounCEo add to-Adjusted 2005:to. correct 2003 • • 48;898: ~
Add: Adjusted 2005 allocation:to Animal_based. on 2001actuals . 232.191 .
Equal: Am6unt=Allgcated:to.Animal.:in.•20_05 ~ . . . . 281:040.; Hearing Examiner - Per Marshall deduct roll fonvard, and Prosecutor allocation
Sheriff - Adjust Facilities allocation for PSB square feet not allocable to Spokane Valley:
From the Escalated OMB A-87 Plan 2003 Actuals for use in 2005 Budget Year
Facilities Maintenanoe Costs allocated to the PSB 1,106.470
pivided by: Public Safety 8uilding square feet (exG
common area) 147,800
Equal: Cost per square foot 7.49
Multiply by: PSB square feet NOT chargeable to the Valley (excl
oommon area) 20,681
Equal: Amount to reduce cost allocation by 154,823
Sheriff - Exclude Facilities allocation for Sheriff Garage, SV
r-- has their rnvn garage 23,524
Animal Control Interlocal Pagc 15 of 16
Spokane County ,
Spokane Valley AnimAl Contral ,
SCI2APS Information System Amortization
2005 Contract Ariachment C- SCPAPS lnformation System Amortization
Cost of new system 214,594.00
Asset Life ] 0 years
Aiinual Depreciation 21,459.40
2005 21,459.40
2006 21,459.40
2007 21,459.40
2008 21,459.40
2009 21,459.40
2010 21,459.40
2011 21,459.40
2012 21;459.40
2013 21,459.40
2014 21,459.40
214,594.00
Animal Control Intcrlocal Pagc 16 of 16
Return to: Daniela Ericl:son, Clerk of tbe }3oarci
% . Board of Cuunty Commissioners
1116 W. Broadway .
Spnl:ane, Washingtoa 99260 INTERLOCAL AGREEMENT FOR COSTS IiNCIDENT TO ADJUDICATION OF
MISDEMEANQR ANI) GRnSS Ni'[ISDEMFA\AQR QFFE\iSES LN TI[E CITY QF SPOKANF: VALLEY .
(January 1, 2005 December 31, 2005)
TIiIS AGItEEN1ENT, made and entered into by and unong t6e Spokane County District Court,
having offices 'for the transaction of business at 1100 West Malldn, Spokane, Washingnan 99260,
' hereinafter referred tq as "COURT," Spol:anc County, a political subdivision of the State of Washington,
having officcs f'or The transaction of business at 1116West Broadway Avenue, Spokane, Washington 99260,
hereinafter referred to as "COUN7'Y," and the Cily of Spokane Vulley, a munieipal corportition of the
State of Washingnon, having offiees Por the transaction of business at 1he Redwood Plar.~~, 11707 Easl
Sprague Avenue, Suite 106, Spokane Valley, Washi.ngnon 99206, hereinafter referred to as "C1TY," jointly
hereinafter referretl to a.s the "PAR1'IES." The COUN1'Y, COURT amd CITY agree as follows.
SECTION 1°U. 1: 1ZEClIALS ANll F1NU1NGS
• (si) The Aoarcl of Countv Commissioners of Spokane County ha,s the c~tre of Counly prcmperly
and the managemenC of County funcls arid business uncler RCW 36.32.120{6).
(b) Count:ies and ciCies may contract with each other ta perform certain functinns which each
may legally perfnrm under chapter 3934 RCW (Interlor.al Cooperation Act).
(c) Pursuant to the provisiorls of RCW 39.34.180, the City of Spokane Valley is responsible
for the costs incidcnt to inrvestigatiorl, prosecution, adjudication and incarccration of misdemeanor ttnd gnss
misdcrnearior offenses that occur widiin its jurisdiction and that are committed by adutts. .
(d) Spokane County has established the COURT under the provisions of chapter 3.38 RCW for
the judicial administration of the laws of the State of Washington and the ordinances of Spokane County.
°1"he COUR`l' consists of one dislrict encompassinb all of Spokane Coiinty.
(e) "1'he City of Spokane Valley desires to utilize the services of the COURT for the purpose of
adjudicating and sentencing cases which occur within the City of Spokane Valley and intcrlocal Agreement District Court F'age 1 of 16 •
are referred to the COURT where the charge is (i) an infraction and/or (ii) a misdemeanor or gross - misdemeanor offense committed by an adult, and/or (iii) a violation of the City of Spokane Valley's
. ordinances which constitutes a misdemeanor, unless filed with a felony.
SECTION NO. 2: i)EFINt'I'IOiNS
(a) Aizreement: "Agreement" means this Interlocal Agreement between i:he CI1`Y, COURT
and COUN7'Y regarding Court Services.
(b) Citv: "CTTY" means the City of Spokane Valley.
(c) Countv: "COIJNIT'Y" means Spokane County.
(d) Maintenance and Ooerations: "Maintenanec ancl Operations" and "M&O" shall mean (1)
those class codes (3000-5999 and 7000-9999) used by Spokane Count.y in its budgetary process as
prescribed by the BAIZS manual adopted by the State of Washin};ton under ehapter 43.88 RCW so long as
such expenditures are directly attributable and proporkionate to services renclered to CI'I°Y under the ternis
of this Ageement.
(e) Services: "Services" means those services identified in F'..xhibit 1.
(f) Comnensation: "Compensation" means that methodoloa set forth in Exhibit 2 used to
establish the amount nf money which the CITY will pay the COUNTY for providing Services.
(g) Canital Lmorovement: "Capital lmprovcmenY' shall mean 3ny expenditure in excess of ,
$1999.99 or such higher figure as set by the COUNTY as the capitali'r.ation lhreshold during the term of the A,greement. The COU'NTY shall give the CITY advance notice of any inerease in the capitalization
threshold. The T'AR11ES agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an increase of costs to the C1TY in exeess of $50,000.00. _ Any such
expenditure will be coded as provided for in the 13ARS-manual adopted by the State of Washington
under RCW 43.88.
(h) Uncontrollable Circumstances: "Uncontrollablc Circumslances" means xhe following
events: rints, wars, civil disturbances, insurrections, acts of terrorism, external fires and (londrt, volcanic
eruptions, lightning or earthquakes al or near where the Services are performed and/or that dircetly affect
providing of such Services.
(i) Court: "Court" means the Spokane County District Courf established under chapter 33$
RCW.
(j) Reoort: "Fteport" means the 17istrict Court Filing/Rcvenuc R.eport.
SECTIQN NC). 3: PtfRFOSE -
The purpose pf this Agreement is to rcduce to writing the PA.RTIES' understanding as to the terms and
conditions under «iiich the COURT will provide Services on behalf of the CI'l Y. It is the intent of the
Interlocal Agreement District Court Page 2 of 16
" PARTf.FS that Services to be provided by the C4URT will be consistent witfi the CITY'S Council/Manager
forni of government provided for in chapter 35A.13 RCW subject to applicable Court Rules.
SEC`1"lON NO. 4: DURA'1ZONN1'TfHllRAWAL
This Agreement shall commence on Jariuary l, 2005, and run througti T)ecember 31, 2005.
At the conclusion of the initial tenn, this Agreement shall automatically bc renewed frorn ycar to ycar
thereafter cffcctive January l' to Decernbcr 31" A.11 rcnewals shall bc subject to all terms and conditions
sei forth herein except for Eshibit 2.
"1`he 1'AR°I'LES recogriize it h.ighly unlikely that Exhibit 2 setting forth the new billi.ng rates for each year's
Services will be available at the start of anv renewal time frtme. Accordingly, unti] a new Exhibit 2 has
been prepared and agreed to between the FAR`IYES, the I'AXI'IES agree ifiat the COlJN7Y will bill the
Cl`I"Y vnd the Cll'Y will pay the CUUNI"Y at the same billing rates paid in the previous year. LTpon the
I'ARTIES ageement on a new Exhibit 2, the GI7'Y and COUNITY will reconcile payments to date under the
previous years billing rates with the new billing rates. My uncierpayment for any Services will be due in the
first paynncnt due following reconciliation. Any overpayment for any Scrvices will be creditcd to the first
monthly paymcnl duc following the rcconciliation. T'tic PARTLES agrec that no intcrest shall be owing by
either Party eo the other Part:y f'or any overptiyment or uncterpayment cletermined iis a result of the
reconcilialian.
Any I'arty may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the ntfier Yarty.
f ' SECTIUN NO. 5: C(7ST OF SEKVICES A1Vb YAYM:ENTS
The C.1TY shall pay the COUNTY the actual cosLs for Serviccs providcd undcr this AgTeement. Thc
estimateel c;osl for 2005 Services undcr this Agrecment shall be as set fiorth in Fr.hibit 2, atlached hereto
and ioeorporateci hercin by rcfcrcnce. The melhcrcloloiV uses the last six (6) months oF Report numbers for 2003 dnd first six (6) months of
Repnrt numbers for 2004 ancl averirges them for a twelve (12) month ti.me &ame. "1`he resulting number
is used as a basis to estimate the 2005 cost of services. The COUNrI Y CEO shall advise the CITY
Mxnagcr as soon tis possible of sny snticipaled or unar►ticipatecl capital improvc;mcnt costs thxt :jrise
dueuig the contract period. The City shall pay capital improvement costs either (1) under the Cost
Allacation 1'lan as an incli.rect cost amortizecl over the usefiil li.fe of the improvement utilizing stnight-
line deprecialion and incprrqraling the expeeeecl salvaoe value of the imnrovement :it. the end of its useful
lifc or (2) as a direct cost in the forrn of a contribution made to the Equiprnent Rental and Revolving
1'und. The Cl'1'Y shall ae responsible only for capital improvement costs incurred after March 31, 2003.
Any portion of a capiutl improvement that was paid for or acyuired through separate agreement or with
grant proceeds, bond proceetl5, user fees, clonations, or any other aaluisition methad that reflects a
contribution on behalf of CI1'Y shall not be included in the depreciation schedule applied to the CITY.
Any capital improvement for which the C41.iNTY seeks reimbursement frorn the C1TY must bc
necessary to fulfill the rcquiremcnts of this Agreement.
At the end of the calendar year, using the methodology set forth in C-ahibit 2 the PA.RTI.FS shall apply the .
. actual cxpenditures and the actual usagc percentage to deterrnine the final cost. It is the PARTIES intent
_that any acijustrnent take place a,c soon as possible anci accordingly will use their respeclive besl effores tn
Interlocdl Agreement Uistrict Court Nage 3 of 16
timety prepare; disseminate and review al) expenditure documentation. The CITY will have sixty (60)
calendar days from its receipt of the expenditure documentation to pravide the COUNTY with any written
objections(s) to such documentation. The written objection(s) must specifically identify the expenditure(s) in question. The COUN'I'Y agrees to consider all written objections received from the CITY within Uiirty
(30) calendar days of receipt of the objections(s). In the event that the PARTIES cannot mutually resolve
, any w-ritten objection(s) submitted by the CITY within the thirty (30) calendar days time frame, or such
other time frame as the PA.R.TIES may mutually agrce, the objcetions shall be resotvet] pursuanl to the
Dispute Resolut:ion provisions set t'orth in Section No. 17. Pending resolution of the objections(s), the
PARTIES agee that the CITY shall pay that portion of the bill that is undisputed.
To the extent that ihe CITY wa.S nver billed in any yeaz and the Agreement is still in effect, the COUNTY
shall credit the CI1'Y for such nverpayment in the next monthly payment owning by the CITY. Provided, •
however, in the event the AL-Teement is terminated at such time that the overpayment is determined, the
COiJNTY shall rei.mburse the CITY for any overpayment within thirty (30) calendar days. To the extent
thal the CITY was under billed in any year and the Ageemeot is still in effect, the CITY shall reimburse the
COUNTY for any under paymenl in the next monthly pa}nnent owin}; by the ClTY. I'rovided, however, in
the event the Ageement is terminated at such time that the underpayment is determined, the Cl°I'Y shall
reimburse the COUAII'Y for any underpay7nent within thirty (30) calendar days. Either Pariy may at its sole
nptinn charge interest on any nverpayment or underpayment based on lost interest earning had the amount
determined due been invested in the respective PAR1`I:E,S investrnent pool at the end of the thirty (30) day
time frame provided for hereinabove to the date of payment.
Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall
include at the request of eitber T'arty, a determination of whether interest is appropriate, including the
amount. .
1 he COUNI'Y will bill the CITY for the cost of services as outlined, monthly, by the 15t° of the month.
Mnnthly payments for Services will be calculated by dividing those annual costs set forth in Exhibit 2 by
twelve (12). Payments by the CITY will be due by the 5`h day of the following month. The COUNTI', at its
sple option, may charge interest on any late payment calculated on any lost interest earning had the amount
due been invested since the date due to the date of payment in the COUNTY's investrnent pool. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJTJNCI'IQIV WITH PROVa:DI;NG
SEFtVICES 'I`he COIJRT nr its designee agree to ariend staff meetings as requested by the CITY Manager.
The CQURT or its designee agree tq meet unon request by the CITY Manager or h.is/her desi&mee to discuss
any Service prqvided under the ternis af this Agreement.
The CITY agrees the COURT may use the COURT'S stalionery in canju.nction with providing Services
under the terms of this Agreement_ SECTION NU. 7: NOTICE
All nAtices or other communications given hereunder shall be deemed given on: (1) the day such notices or
other communications are received when sent by personal delivery; ar (ii) the third day following the day on
which the same have been mailed by first cla,ss delivcry, postage prepaicl adclressed to tihe COUNTY or the
Interlocal Agreement District Court Page 4 of 16
Cl"Il' at the address set forth below for such Party, or at such ather address as either Farty shall from time- to-time designate by notice in vvriting to the other Party:
CUIJ\'`I"Y: Spokane County Chief E.cecutive OfFicer '
or h.is/her authariced representativre
1116 West I3roadway Avenue
Spokane, Wasbington 99260
COURT: Presidi.ng Judge, Spokane County I7istrict Court
1100 West Mallon Avenue Spokane, Washin,-gtan 99260
CITY: City of Spokane Valley City Manager
or hisJher authorizeed representative ltedwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTIU\' NC7. 8: REPORTIVC .
Reports - The COiJRT shall provide the C1TY with reports documenting actual usage under this
Agreement. The Parties agrce that the terminolof;~y "repnrts documenting actual usage" means that type of
inforniation provided by the COURT to the CPf Y in the 2004 agreement for Services. An updated report
shall bc submitied quarterly unless othenvise mutually agreed by the Parties. Such reports shall be in a
~ format as mutually agreecl to beCween the Parties. 7'he content andlor farmat for sueh reports may be
chaiaged from time-tatime by wrilien ageement betxeen CITY and COURT staff
Recorcls Review - The Cl1'Y shall be allowed to conduct random reviews oC the rE;eords generated by the
COURT in ncrformance of this tlgreement. `l'he C:1TY will provide the COLTRT with reasonable advance
notice of the records reviews. Tlic Parkies agree that they will mal:e best efforts t4 achieve a resolution of
any potential records confidentiality issucs, including entering into confidentiality agree►nents or other
similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records
review. if the CITY «ill be allowed to view only those rccords direc;t.ly relaiin€ to Services provided within
Cl7'Y's corporate boundaries; then the COURT must keep a log of original documents used to charge the
Cl I'Y, and those doeumcnts mmst have identifying oumbers or leriers so the original souree dncuments can .
be easily retrieved.
SECCION NO. 9: CniTff1°EF2PA:Ft'1'S
This Ag-eement mity be executed in any number of counterparts, eacli of whieh, when so executed and
delivered, shall be an original, but such counterparts shall together constitute but onc and the same.
srcTroN Na. 10: ASSiGNMFNT
No Party may assigm in whale or part its interest in tliis Agreement witliout the written approval of the other
PAR1'Y.
,
~
Interlocal Agreemeot District Court F'age 5 uf 16
SECTION NO. ] 1: COUNTY EiN'[PLOYErS
Ihe COURT shall hire, assigm, re;ttiin and discipline all employ~,*es performing Services under this
Agreement according tn applicable collective bargaining ageements and applicable state and federal laws
and court rules including but not limiteti to GR 29.
The COURT agrees to meet and confcr witli the Cl"1"Y vvith respect to staff that is assigned to provide
Services. Issues of discipline or performance will be specifically handlcd according to COUItT policies.
SECTION NO. 12: LIA131LITY
For the purpose of this Sectinn, the tiermi.nology "CQUNTY" shall a.lso include the "COURT." (a) Thc COUN7'Y shall indemnify and hold harmless the Ci'IY and ils officers, agents, and employees,
from any and all claims, actions, suics, liability, loss, costs, expenses, and damages of any nature
whatsoever, by any reason of nr arising out of any negligent act or omission of the COUNTY; its officers,
agents and employees, relating to or arisi.ng out of performing Services pursuant to this Agreement. ln the
event that any suit based upon such claim, acrion, loss, nr damages is brought against the CITY, the
COUNTY shall defencl the samc at its sole cost and expense; provided that the CITY reserves the riglit to
parlicip,ate in said suit if any pri.nciple of governmental or public ]aw is involved; and if final judgnent in
said suit be rendered against the CITY, and its officers; agents, and employccs, or jaintly agai.nst the CITY
and the COiJNT'Y and their respet;tive off cers, agents, and employees, the COUNTY shall satisfy the same.
(b) The CiTY shall indemnify and hold harmless the COIJNri Y and its officers, agents, and employees,
from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature ~«fiatsoever, by any reason of or arising out of any negligent act or omission of the CJTY, its officers, agents and employc,es, relating to or arising out of perforniing Services pursuant to this Agreement. ln the event
t}iat any suit based upon such claim, action, loss, or damages is brought against the COUN17', the CTTY
shall defend the slme al its sole cost tuid eapense; praviclecl that the COUNT'Y reserves the right to
participate in said suit if any principle of governmental or public law is involved; and if final jiadgmcnt in
said suit be rendered against the COI.IAITY, and its ofFicers, agenLS, and employees, or jointly against the
COUNITY and the C1TY and their respective officers, agents, and employees, the C[TY sha11 satisfy the
same.
(c) If the comparative negligence of the Parties and their officers and employces is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared bchveen the Parties in proporlion to
their relative degree o1' negligence and the right of indemnity s}iall apply to such proporlion.
(d) Where an officer or employee of a Party is acting under the direction and control of the other
pariy, the Party directing and controlling the officer or employee in the activity and/or omission giving
rise to liability shall accept all liability for the other Party's officer or employce's negligence.
(e) Eacb Party's duty to indemnify shall survive the lermination or expiration of the Agreement.
(f) The foregoing inderrinity is specifically intendecl to constitute a waiver of each Party's irnmunity
under Washi.ngton's Industrial Insuranee Aet, chapter 51 RCW, respeeting the other party only, anc1 only to
the exient neccssary to provide the indemn.ified Party with a 1'ull and coroplete indemnity of claims made by
the indemnitor's employees_ The 1'AR1'IES acknowledge that these provisions were specifically negotiated
and agreed upon by lhem. .
Interlocal Agreement Distrirt Court . Psge 6 uf 16 •
(g) Thc COUNTY ancl the CI'1 Y agree to either self insure or purchasc polieies of insurance covering
the matters contsined in this Agrccmcni wilh coverages of not less than $5,000,000 per oecurrence with
$5,000,000 aggegate limits including professional liability and auto liability coverages.
SECTtON NO. 13: RFLATIONSHP OF THE FA:RTIES
`I'he PARTIES intend that an indepenclent contractor relationship wil) be created by this Ageement. 1"he
CdURT shall be an independent contractor and not the agent ar employee of the CITY, that the C1TY is
interested only in t}ic results to be- aehievecl and that the right to control the particular manner, method and
R1PStlS in which t}ie scrvices are performed is solely within the discretion of the COURT. Any and all
employees who provide Services to the CITY under this Agreement shal] be deemcd employees snlely of
the CUURT. 11he COURT shall be solely responsible fnr the conduct and actions of all employees under
this As-eement and any liabiliry thai may altach thereto. Likewise, no agent, employee, sErvant or
representative of the CITY shall be dccmed to be an employee, agent, servant or representative of the
CO1Tfi"1" or COUN' I"Y for any purpose. SrCTIQN NO. 14: MODIFICATION
'I'his Agreement may be modified in writint by mutual written agreement of the PAR"T7ES.
STCTION NO. 15: PROPFRTY ANll F,QU'lE'N1ENT .
_ "The owmership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original o%vner, unless othenvise snecifically and mutually agreed to by the PARTITS Lo
t;his AgrcemcnG For the purpose of this section, the terminology "owner" means that Party which paicl
the full purchase price for the property or equipment.
SECrIOhi NO. 16: A:LL WRITIICS CONTAINED HEltETNBINllING CFFFCT
'Chis Ageement contains terms and conditions agrecd upon by the PA121`lES. 'Ihe PARTITS agree that
there are no other understandings, oral or otherwisc, regarding the subjecx matter af this A&Teement. No
ehange,.~ or Adclitians tn this Agreement shall be valid or rincling upon the PAR1'lES unless sueh chanbe or
additian is in writing, executed by the 1'ART1ES.
This Agreement shall be binding upon the PARTILS hcre:to, their successors and assigns.
SECTiON NQ. 17: 1)1SPU'l'l: RES(7LUTION
Any dispute between the COUNTY a»d CTTY i.ncluding but not limited to cost of Scrvices wh.ich cannot be
resolved between the COUNTY and CITY slaall be subject to arbihmtion. Except as provided for to the
c:ontTary herein, such dispute shall first be eeduced to v-,riti.ng. If the COUNTY CEO and the CiTY Manager
cannot resolve the dispute it will be subrnitted to arbitration. 1le provisions of chaptcr 7.04 RCVd shall be
applicable to any arbitration proccecling.
The COUNTY and the CIfiY shall have the right to designat:e one person each to act as an arbitrator. "1'he
Cwo selected arbitratnrs shall then jointly select a third arbiCrator. The decision of the arbitration panel shall
, be binding on the PAR`I'IES and shall be subjecl to judieial review as provided for i.n chapter 7.04 ItCW.
Interlocal Agrcement District Cnurt . Fagc 7 of 16
°1'he costs of the arbitration panel shall bc eyually split behveen the PAR.TJrS.
The 1'ART1ES acknowledge that the provisiAns of this section are not applicable to the COURT. GR 29 precludes the COURT from delegating any of its administrative duties addressed in that rule lo the
legislative or executive branches of government. The COUR'I' agrees; however, i.n the event of a dispute
with the Cl'IY to meeC and i.n good faith attempt co resolve the dispute. 1'his paragraph would not preclucle
the PARTiES from using this Section to resolve disputes ovcr the calculation of costs oF Scrvices pmvided
under this Agreement-.
SECTION N0. 18: YE1V'UE STTPUI..ATIQN
This Agreement has been and shall be construed as having been made and delivered within the State of
VJashington and il is mutually understood ancJ ageed by each party ehat this Agreement shall be
governed by the laws of the State of Washington both as to interpretation and performance. Any action al
law, suit in equity or judicial proceeding for the enforccment of this Agneement, or any provision hereto,
shall be instituted only in cotirts ofcompetent jurisdictinn with.i.n Spokane County, Washington.
SECTION NQ. 19: SEVERABILITY
7"he PARTIES agree that i.f any parts, terms or provisions of this Agreement are held by the courts to be
illegal, the validity• of khe remaining portions or pmvisions shall not be aff-ccted and the rights and
obligations oF the PARTIES shall not be aIl'ectcd in regard to the remainder of the Agreement. if it should
appear that any part, term or provision of th.is Agreement is in coniliet with any statutory provisinn of the
State of Washingt:on, then the part, term or provision thereof that may bc in conflict sha.ll be deemed
inoperative and nul) and void insofar as it may be i.n conflict thereNvith i3nd this Agreement shall be deemed
to modify to conform to such statutory provision. SECIION NO. 20: RECORDS
All public records preparecl, owned, usecl or retained by lhe COiJRT in conjunction wilh providing Services
undcr the terms of this Agreement sha.ll be daemcci COURT property and shall bc made available to Che
CITY upon request by the CITY Manager subject to the attomey client and atiorney work product privilebes
set forth in statute, court rule or casc law. 7"he COURT will notify the CITY of any public disclosure
request under chapter 42.17 R.CW for copies or viewing of such records as well as the COUR'1''S response
thereto.
SFCTION NO. 21: AFA.DINGS
1fie section headings appearing in lhis Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shal) not be deemed to define, limit
or extend the scopc or intent of the sections to which they pertain.
SECTIOiV` NO. 22: TI1NE OF ESSENCF OF ACREEMENT Time is of the essence of this Agreement and in case any Parly fails to perfonn the obligations on its part
to be performed at the time fixed for the perforniance of the respective obligation by the terms of this
Agreement, the other Party may,, at its election, hold the other ParCy liable for all costs and damagcs
caused by such delay. .
Interlocal Agreement District CouM Pagc 8 of 16
SECTION A`Q. 23: UiNCON'I'ROL1.AIiLE C1:12CUMSTANCES/I11g'OSSIE;ILIT'Y
A delay or intemiption in or failure of pcrformance of all or any part of this Agreement resulYing &om
. Uncontrollable Ci.rcumsCances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting fmm
any change in or new law, order, rule or regulatinn nf any nature whieh renders providing of Services in
aeeord3nce with the terms of this Agreement legally impossible, and any other circums[ances beyond the
eontrol of tbc COLJ\TY/COURT which render legally impossible the performance by I.he
COUNTY/COUR.T of its obligations under this Agreement, shall be deemed not a defaulC umcler eh.is
Agreement. •
SECTION NO. 24: FII,ING
This Agreement sliall bc filed by the CQUNTY with such offices or agencies as reyuired b}' chapcer
3934 RCW. •
SECTTOiN NO. 25: F..XECUTIpN tl1YD AI'PI20VAL
The PARTIFS warrant that the officers executing below bave been cluly authori2etl to act for and on
behalf of the Party for purposes of confirming this Agreement.
SECTION \TQ. 26: INITIATNCS
' The PARTtES recognize that revenue reducing initititive(s) pesed by thc voters of Wasbington may
-J substantially reduce local operating revenue for the C1TY, COUNTY or both PARTLES. The PA.RTTES
agree that it is necessary to have flexibility to reduce the contracted amount(s) in lhis AgreemenE in response
fo buclget constraiiits resulting from the passage of revenue-reducing initiacive(s). If sueh an evene ot;eurs,
the PARTIES at'ec lo ncgotiate in good faith to achieve a mutually agreeable resolution in a timely fashion.
SEC'r70N \'O. 27: C(7M:E'LTANCE WI7"H L.A`VS
The FAR"I'1E5 shall observe all fecleral, statc and local laws, ordinances and regulations, to the extent that
they may be applicable to the ferms of this Ageerricnt.
SECTION NO. 28: DISCLAIYITER
Excepl sis othenvisc provided, this Agreernent shall not be construed in any manner that would limit
either Parl:y's aulhority or powers under laws.
SEC`l'JON NO. 29: ASSURANCE
The CITY shall pay the COUNTY the true anc3 full cost of all Services provided under this Agreement.
The intent of tlte Parties is that neither Party will subsidize the nther and that the CI1'Y will not subsidize
any other jurisdietion that is receiving similar services.
lnterlocal Agreemcnt District CoaM Page 9 of 16
lrI Wl'Y'NESS WHERREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures.
DATEll: $OAR.D OF COUN`I'Y COMM.ISSIONERS
0F SPOKAr'E COUNTY, WASHINGTON
TODD MTEIdKF, Chair
ATTEST: MA.RK RJCHARD, Vice-Chair
Clerk of the Board
laaniela Erickson PH;ILLI'P D. FIARRIS, Cornmissioner
DATED: SPOKANE COUNTY DISTFtICT COITI'ZT
By:
Its:
AATFD: CTTY QF S.POKANE VALLEY ,
ATTEST:
David Mercier, Gity ivlanager
Christine Bainbridgc, City Cler9c APPROVED AS TO FORM ONL.Y:
Office of the City AttArney
Interlocal Agreemcnt District Court Fage 10 of 16
EXHIBIT 1
Court Services shall include the adjudication and sente.ncing by the Spokane County District Court of
matters which occur within the City of Spokane Valley and are refeired to the Spokane County District
Court where the charge is (i) an infraction and/or (ii) a misdemeanor or gross misdemeanor oH'ense
oommitted by an adult, and/or (iii) a violation of the City of Spokane Valley ordinances which constitutes a
misdemeanor, unless filed with a felony.
I
Interlocal Agreement District Court Page 11 of 16
Eahibit 2
Spokane County
Spokxne Valley District Court
2005 Contract
Componeot A ComDoneot B ~ Component C
Badget Allocable to Peneotage ~
City of Spokane Valley ~ Contract
Misdemeanor Services * Amonot
Salary 2,818,555 20.67% 582,491
M& O 173,315 20.670% 35,818
Indirect Costs 596,970 20.67 123,372
3,588,840 741,681
Notes
•Component A represents District Court's budget, less civil, felony & Spokane
City Interlocal.
See Attachment A
*sGomponent A multiplied the Component B equates the contract amount. Scc
Attachment A.
***1fie Indirect (Overhead) rate of 21.18% is only applied to salaries. The
indirect rate is based on Spokane County's OMB A-87 Cost Plan Escalated 2003
for 2005, adjusted to only include depreciatioo of capital improvements acquired
after the City's official date of incorporation, prepared by PRM Group, an
independent plan preparer.
Interlocal Agreemeat District Court Pagc 12 of 16
~
SPOKANE COUNTY
SPOKANE VALLEY DISTRICI' COURT
STATISTICS AND CALCULATIONS
2005 CONTRACT
Attachment A
District Court Case Statistics
Ofiense Categary Spokxne Villey* Spokaine County" Spolcane Valley
Infractions 11,799 59,709
DV - Misdemeanor 404 927
DUI 178 2,793
Criminal Traffic 1,661 5,443
Crimina) NT (less misd
DV) 769 2,776
Subtotal 14,807 71,648 20.67%
• See Attachment B
• * See Attachment C
Misgidemeanor/Infraction Ezpenditure Calcnlation
Sstlary and
Benefit4 M & O Totxl
Expenditures 4,493,138 271,462 4,764,600
11.45
I.ess: Civil % (514,319) (31,074) (545,392)
L,ess: Felony •s• 1.48% (66,558) (4,021) (70,580)
I.ess: City of Spokane'*;* (1,093,706) (63,052) (1,156,758)
Misd/Infrac Tatal 2,818,555 173,315 2,991,870
'~s* See Actachment D
Fstimated 2005 City of Spokane Interlocal Contract
Spolcsne Valley Cost Calcnlatioo
Misdemeanor/ Percentage
Spokane Actaal
Infractlon Budget Valley Cost
Misd/Infrac Salary 8c Benefits 2,818,555 20.67% 582,491
Misd/Infrac M& O 173,315.27 20.67% 35,818
2,991,870 618,309
Ilidirect Costs (21.18%) 596,970 20.67% 123,372
1, 1
Total 3,588,840 74 68
Interbcal Agreement District Court Page 13 of 16
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SPOKANE COUNTY .
SPOKANE VALLEY DISTRIC'T COURT _ FELONY/CTV[L STAFFINC % . 2005 CO\'TRACT
Attsichment D
. SPOKAN'E VALLEY FELONY STAFFING COST
Salary at %F'TE
of Average I3eoefits at %FTE of Total Salary &
Position % FTE Position Average Position Benefits stt %FTE
Commissioner 0.2 20,138.14 3,727.49 23,865.63
Bailiff 0.2 5,478.77 2,780.42 8,259.19
OA4 0.6 15,595.61 6,716_94 22,312.55
CourtClerk 0.3 8,539.37 3,581J1 12,121.08
66558.45
SYOKANE VALLEX CIVIIJSMALL CLAT.M STAFFING COST
Salary at %FTE
of Average Benefits at %FTE of Tc►tal Salary &
1'osition. % FTE Position Averuge Y'osition Benefits stt %FTE ,
Judge 1.0 118,458.00 21,083.98 139,541.98
Commissioner 0.2 20,138.14 3,727.49 23,865.63
Railiff 1.2 33,246.52 16,308.63 49,555.15
CiviUSC Staff 7.0 206T234.92 95,120.84 301,355.76
514,318.52
CALCiJLATIQN QF SPOKANE VALLEY FELONY AND CIVII.. STA:FFlNG %
Budgeted Salary
& BenefiLs Felony % 4,493,138 66,558.45 1.48%
Civil % 4,493,138 514,318.52 11.45%
Interlocal Agreement District Court Psge 16 of 16
~
Rehirn to: Daniela Lric{cson, Clerk fif the Board '
• Board of County Commissioners
1.116 W. Broadws►y
- Spol:ane, Was6ingtoa 99260
E'4TFRLOCAL AG1tEti1fEN'r FOR HF;A.R.IN(: EXAlVQNER SERVICkS
11V TliE CTTY OF SPOKANE VALLEY
(January], 2005 December 31,2005)
.
TIiIS AC12E-EMEN'I', made and entered into by and between Spokane County, a rolitical .
subdivision of the State of Wa`Shington, having offices for the transaction of business at 1116 West
Broadway Avenue, Spokane, Washint*ton 99260, hereinafter eeferred to as "COUNT'Y" ancl the City of
Spakane Valley, a municipal corporation of the State of Washington, having offces for the transaction of
business at the Redwood Pla7A 11707 Ea_st Sprague Avenue, Suite 106, Spokane Valley, Washington
99206, hereinafter referred to as "CITY," jointly hereinafter reFerrecl to as tbe "PARTTES." The COUN'TY
and CITY agnee as follows. - '
SECTTOY NO. l: RECITALS AND FfNDT~i iGS
(s) 1"'he $oard af County Cnmrnissioners of Spokane County hits the "e of County property
a►id the management of County funds and business under 1tCW 36.32.120(6).
(b) Counties and cities may eontract with each other to perform certain functions which each
may legally perform under chapcer 39.34 R_CVV (Tnterlocal Cooperation Act).
. (c) Pursuant to the provisions of ItCW 36.70.970 the ]3oard of County Commissioners of
Spokane has adopted a Hearing Examiner System and c;cwdified Che sane under Spokane Caunty Code
chapter 1.46. (d) The Ciry of Spokane Valley has adopted an ordinanee providing for the establishment of a
IIearing Esamirier system to hear land use, administrative and odicr matters over wfiich the City has
jurisdiction. (e) The City of Spokane Valley desires to utilize tfie services of Spokdne County's Heming
F.xaminer for the purpose of hcaring land use, administrative and other matters over which the City has
jurisdiction pursuant to SVMC chapter 1035.
SECTION TO. 2: llEF1N1710NS
(s) Aizreement: "Agreement" means this Interlacal A&Tcement bchvicen the CITY and
COiJNTY regarding hearing examiner services.
•
Interlocal Ageement, Hearing Examuier Page 1 of 11
(b) Citv: "C1TY" means the City of Spokane Valley. •
(c) Countv: "COUN f`Y" means Spokane County.
(d) Maintenance and Overatians: "Maintenance and Operations" and "M&O" shall mean (1)
those class codes (3000-5999 and 7000-9999) usecl by Spokane County in its budgetary process as
prescribed by the BARS manual adoptecl by the State of Wa.shington under ehapter 43.88 RCVJ so long as
such expenditures are directly attributable and proportionate to services rendered to CITY under the terms
of this Agreement. -
(e) Services: "Servir.es" means those services identi.fcd in Exhibit l.
(f) Gomoensation: "Compensation" means that methodology set forth in Fxhibit 2 usecf to
establish the amount of money which the CITY will pay die COUN1'Y far providing Services.
(g) Canital Improvement: "Capital Improvement" shall mean any expenditure in excess of
$1999.99 nr such higher figure as set by lhe COiJNTY as the capitalization ihreshnld during the term of
the Ageement. The COUNTY shall give Ihe CITY advance noticc of any increase in the capitalization
threshold. The PAR7'I;r$ agree to mEet and discuss the impacts of any change in the capitalization
threshold which will cause an inerease of costs to the CITY i.n excess of $50,000A0. Any such
eapenditure will be ccaded as provided for in the BARS-manual adopted by the State of Was6inbton
under RCW 43.88.
(h) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following •
events: riots, wars, civil dislurbitnces, insurrections, acts of terrorism, external fires and flootls, volcanic eruptians, lightning or earthquakes at or near where the Scrvices are performed and/or that directly iffect
providing of such Serviccs.
(i) Hearinu Examiner: "1-iearing Fxaminer" means that person appointed by the Baard of
County Commissioners pursuant tQ Spokane County Code Section 1.46.030 to include any Mearing
E-xamincr pro-tcm. Pravided, however, the COUNTY agrees to consider the recommendation(s) of Lhe
CITY in conjtmction with designating any Hearing Examiner pro-tems to hear CITY matters.
SE.C'I'XnN NO. 3: PURPOSE
The purpose of this Agreement is to reduce ta writing the PARTIES' understandinS as to the terms and
conditions under which the COUNTY will provide Services nn behalf of the CTT'1'. Il is the intent of the
PARTIES that Scrvices to be provided by the COiJNTY will be consistent with the Cl'T'Y'S
CounciUManager form of government provided for in ehapter 35A.13 RCW.
SECTION NO. 4: I7URAT10N/WITHDRA`VAI.
This Agreement shall commence on January 1, 2005, and run thrQUgh December 31, 2005, unless one of the
PARTIES provides notice as set forih in Section 7.
Interlocal Agreement, Hearing Examine_r Page 2 of 1 l
At the canelusioii of the initial terrn, this Ageement shall automatieally be renewed from year to yc,ar
thereafter effective Januvy 1~ to December 31"' All renewals shall t~e subject to all t:ernis and conditiions
set forth hereun except t'nr Exhibit 2.
The PAR1'IES recognize it highly unlikely that Exhibit 2 setting forth the new billing ratcs for each year's
Services will be available at the start of any renewal tirne frame. Accordingly, until a new Fxhibit 2 has
been prepared and agreed to betcvccn die PARTIES, the PAR1IES agrce tfiat the COIJNTY will bill the
CITY and the CTTY will pay the COi.7N7'Y at the same billing rates paid in the previous year. Upon the
PARTIF.S agrecment on a new Exhihit 2, the CITY and COUN1'Y will rccoiicile payrnents to date undEr the
previous years billino rates with the new hilling rates. A.ny underpayment for any Services will be due in the
first paynient due following reconciliation. Any overpayment for any Services will be credited to the first
monthiy payment due following the reconciliation. The PARTIE.S agree that no interest shall be owing by
either Party to the other Party for any overpa}ment or underpayment determined as a result of the
reconciliation.
Any Party may withdraw at any time from this Ageement for any reason whatsoever upnn a rninimum of
180 days ~NTitten notice as provicled for in Section 7 to the other I'arty.
sECTrOcv vo. 5: coST or" SERN'ICES AN'D PAYiMENTS
Thc C1TY shall pay the COUNTY the costs for Serviccs provided under this Agreement as set forth in
Exhibit 2, attached hcretp and incorporated herein by ret'erence:
The COWTY CEO shall advise the CII'Y Manager as soon as possible of any anticipated or
unanticipated capital improvement costs that arise during the contract period. Tlie City shall pay capital
' improvement costs either (1) untler the Cost Allacation Plan as an i.ndirect cqst amortized bver the useful
life of the improvement utilizing straight-line deprcciation and incor{zorating the expected salvnge value
of the improvement at the end of its useful life or (2) as a direct cost in the form of a contribution made
to the Equipment Rental and Revolving Fund. The C1fiY shall be responsible only for capital
improvemenl costs incurrecl after March 31, 2003. Any pnrtion of a capital improvernent that was paid
for or acquired througti separate agreement or with grant proeeeds, bond proceecls, user fees, donations,
or any oCher acquisition method that reflects a coritribution on bebalf of CITY shall not be included in the
depreciation schcdule applietl to the CI'I'Y. Any capital imprnvement fqr which the COiJNTY seeks
reimbursement from the CITY must be nccessary to fulfll the requirements of this Agreement.
The COWi '1'Y will bill the Cl"1 Y for the cost of Serviccs rnonthly, by the 15`b of the month for the prcvious
month. Yaytnents by the Cl7'Y will be due by the S'j' day of t1ie following month. At the sole option of the
COIJNITY, a penalty may be assessed on any late payment by the C1TY based on losl intcrest earnings had
the paynient been ti.mcly paid and invested in the Spokane Counry Treasurer's Invcstment Pool. 7'he CTTY
may dispute any monthly billing. Pending resolukion of any dispute, the PARTILS agee lhat the CITY
shall pay timely that porlion qf the bill that is undisputed. In the event the Cl'IY disputes any monthly
billing ii shall include in conjunction tivith the monthly paymenl a letter stating with specificiry the basis for
the dispute. The PAR"1"IES ag'ee to rneet within thirty (30) calendar days of the COUNTY's receipt of the
documentation letter su3ting the basis for the CITY disputing any monthly billing to resolve the matter. I.n
the event the PAR"IIES carlnot mutually resolve the matter within the thir _ty (30) *calendar day time frame,
unless otherwise ageed by the PARTIES, the matter shall be resolvcd pursuant to the Dispute Resolution
provisions set forth in Section Na. 17. The seleclion of arbitrators as provided for in Section No._l 7 shall
commence within thirky (30) calendar days of the running nf the khirty (30) calenciar day time frame.
Interlocal Agreement, I-Iearing.F.xaminer Page 3 of ] 1
Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall
include, at the request of either Party, a determination of whether interest is appropriate, including the
amount
The Yt1RT1F,S recognize that it is tiot ahvays possible for either Party to discover errors in billino. Thc
PA.RTIES further recognize that there must be same finality to addressing sueh errors. Accordingly, the
PARTIES agree that both PA.RTIES are foreclosed from challenging any errdrs in biUings if the matter is
not drawn in writing to the other PARTY'S attention within thirty (30) calendar days of the last invoice of
the calendar year. Errors raised within this'time framc that are not mutuaUy resolved shall be subjec;t to the
llispute Resolution provisions set forth in Section No. 17.
SECT.TON NO. 6: TtELATED RF,SPONSIBILrrfF.S IN CQN.TUNCTION Wl i'H PR4ViDTNG
SERVICES
The COllNTY or designccs ag-ee to attend staff ineetings as requested by the CITY Manager.
The COUNTY or designees agree to meet upon requcst by the CITY 1Vlanager or hisJher designee to discuss
any Service providecl under the terms of this Agrcemenl.
The CTTY agrees the COUNTY may use the COUNTY'S stationery in conjunction with providing Services
under the tcrms af I:his Agreement_
SECTION NU. 7: NOTICE
All notices or ather communications given hereunder shall be deemed given on: (1) the day such notiees or ,
other communications are received when sent by personal delivery; or (ii) the third day following the day on wfiich the same have been mailed by first class delivery, postage prepaid addressed to the COiJN"I`Y or the
CITY at the address scl forth below for such Party, or at such otber 3ddress as either Party shall from time-
to-time de,signate by notiee in writing to the other Party:
COUNI'Y: Spokane County ChiefExecutive Officer
or hislhcr authorized representative
1] 16 West Broadway Avenue
Spokane, Washingrton 99260
CiTY: City of Spokane Valley City Manager
or his/her authorized representative
Reclwaod :E'1aza 11707 Fast Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SE CTION NO. ti: REPORTING
R~e orls - The COUN'1 Y shall provide the CITY wilh reports documenting actual usage under this
Agreement at the same time each invoice reguesting payment is made, unless othenvise mutually ageed by
the Parties. The Parties agree that 'the lerminology "reports documenting usage" means that type of
information provided by the COiJNTY to the CITY in the 2004 agreemcnt for Services. $uch reports sliall
be in a forniat as mutually agrced to between the I'arties. The contcnt and/or farmat for such rcports may be changed from time-to-time by written agreement betwocn CITY and COUNTI' sta _ff..
Interlocal Agreement, HearinS Exlminer Page 4 of 11
. Records Review - The CITY shall be allowed to conduct random reviews of the records generated by the
COUNI"Y in pcrformaiice of this Agreement. The CITY wiU provide the COUNTY with rcasonable
acivance notiee of the records reviews. The Parties agree that they will make best efforts to achieve a
rE:solution of any potential recorcls confidentiality issues, including entering into confdentiality agreementis
or other si.milar mechanisms that will allow disclosure of the necessary informal.ion to accurately conduct a
records revicw. lf tiie CI`I"Y will be allowed tn view only those records directly relating ta Services
providecl within CI'fY's corporate boundarie.s, then the COU\''I'Y must kcep a log of original documenis
used to charge the CITY, and those clocumcn~s must have identifying numbers or letters so the original
. source documents can be easily retrieved.
SECTTON 7vQ. 9: COUNTE, RYARTS
This Agreement may be eYecuted in any number of counterparts, eacli of which, when sn executed and
clelivered, shall be an original, but such c4unterparts shall together constitute but one and the same.
SFCTiON NU.10: ASSIGNMFNT
No I'arty may assign in whole or part its interest in lhis Agreement widiout the written approval of the other
PARTY.
SECTiON NO. 11: COiJr'TY FMPI..QYE ES
The COUNTY shall appoint, bire, assign, retain and discipline all employees perfomiing Services under this
~J Ap,reement according to applicable collective bargainmg ageemenls and a{>plicable state and federal laws.
Tlie COUN°!'Y aguE;es to meet and confer with the CITY wilh respect to staff that is assigned to provide
Services. Issues of discipline or p$rforniance will be speeifically handled according to COUN"1'Y policies.
SECTiON NQ. 12: LlA}3ILIT'Y
(a) '11ie COUM'Y shall indemnify and hold harmless the CITY artd its ofFicers, agents, and employees,
frum any and all claims, actions, suits, liability, loss, costs; eapenses, and damages of any nature
whalsoever, by any reason of or arising out of atiy negligent act or omission of the COU\'TY, its officers,
agents anci employees, relating to or arising vul of perf'arming Services pursuani to this nD eement. In thc
event thst acry suit based upnn such clsim, action, loss, or clamages is brouo t against thc CITY, the
COLJNTY shall defencl the samc at its sole cost and expense; providc.d /hat the CITY reserves the right to
participate in said suil iF ar►y principle of government.al or public law is involved; and if fuial judgment in
said suit be rendcred against the CiT'Y, and iLs o(Tc,ers, agents, and employees, or jointty against the CTTY
and fhe COUNTY and their mspet.tive ofiicers, agecits, vid employees, the COUNTY shall satisfy ttie ssme.
(b) The Cl'I`Y shall indemnify and hold harmless the GOLJNTY and its officers, agents, and employees,
f.rom any and all clauns, actions, suits; liability, loss, costs, espenses, and damages of any nature
whatsoever, by any reason of or arising oul of any negligent act or omission of the CITY, its officcrs, agents
and emplnyees, relating to oe arising out of performing Scrviccs nursuant to this Agreement. In the evenC
t)iat any suit based upon sucb claim, action, loss, or damagGS is brought against the C4UN`rY; the C("1'Y '
shall defcnd the same at its sole cost and expense; provided that the COtJNTY reserves tlie right to
pareicipate in said suit if any principle of governmcntal or public law is involved; and if final judgnent in
said suit be rendered against the CUUNTY, and its officers, agents, and employees, or jointly againsl I.he
Interlocal Agreement, Hearin; Examiner I'age 5 of 11
CvU'NTY and the CITY and their respective officers, agents, and employees, the C.11Y shall satisfy the , .
same. (c) If the comparative negligence of the Parties and their officers and employees is a eause of such
damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to
their relative degree of ncgli-ence and the right of indemnity shall apply to such proportion.
(d) Where an officer or employee of a Party is aeting under the directiAn and control of the other
Party, the Party directing arid controlling the offic;er or employee in the activity and/or omission giving
rise to liability shall accept all liability for the other Party's officer or employee's ncgligence.
(e) Each Paety's duty to indemnify shall survive the termination or expiration of the AgreemenL
(f) The foregoing indemnity is specifically intEnded to constitute a waiver of each Party's immunity
under Washington's Industrial Insurance Act, chapter 51 RC1'J, respecring the other party only, and only lo
the extent necessary to provide the indemnificd Party with a full and complete indemnity of elaims made by
the indemnitor's employees. The PA.RTIES acknowledge that these provisipns wcre specifically negoriated
and agreed upon by them.
(g) The COi.NTY and the CITY agrCe to eilher self insure or purcha.se policies of insurance covering
the matters contained in this Agreement with coverages pf not less than $5,000,000 per occurnence with
$5,000,000 aggrcoatc limils including professional liability and auto liability coverAbes.
SECTTQ\T N0.13: RET..ATIONSIiII' OF THE FAR'TIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. The '
COLTNTY shall be an independent contractor and not the agent or employee of the CITY, that the CITY is
intemsted only in the resulLS to tre achieved and that the right to control the particular manner, method and
mcans in which the services are performed is solely within the discretion oP the COUNTY. Any and all
employees who provide Services to the CITY undcr this Ag-eement shall be deemed employees solcly of
- the COUN'I'Y. The COUNTY shall be solcly responsible for the conduct and actions of all cmployees
under fhis Agreement artd atty liability that may attach thereto. Likevise, no agent, employee, servxnt ar
representative of the CITY shall he deemed to be an employee, agent, servant or rf;presentative of the
COUN'1'Y for any purpose.
SECTlON N0.14: MUDlF1CATION
1'his Ageement may be modified in writing by mutual wrilten agreement of the PARTIES.
SECTION NU. 15: PRQPERTY A\'D EQUlPMENT
?hc ownership of all property and equipment utilized in conjunction with providing the Services shall
remain with the ariginal owner, unless othenvise specifcally and mutually agreed to by the PARTIrS to
this Agreement. For the purpose of this section, the terminology "ovvner" means that Party whieh paid
the full purchasc price for the property or equipment.
Interlocal Agreement, Hearing Examiner Page 6 of 11
f-. SECTICIN NC}. 1 G: ALL V4Fl~'~'iVGS COr~I''AI~~E~1 ~~ll~l.$1NT~a1VG E~'~'.EC''
~ .
l
This Agrcemant c.ontains #emns and conditions aLyeed iipon by the PARTJ.F'S. The PlIR.TTES agrcc that theee are no other understandings, oral or otberwisc, regWing #he subjecE matber of this Agreement_ No
~ climiges or additions to this Ageement shall be ►ralid or binding upon the PART[£S unle,ss sucli chartge or
$dditinn is in writing, executed by the 'l'ART1ES,
This Agrreemen# s1iaCl be bind'urg upon the PART'IES hercto, chcir succ.cssors and assrgns_
SEC'1lO1V NO.17: DISPLTTERFsSOZ,iMOP1z .
Aoy dispute bekwe~n the PA.RTIES vvhich cannat be resolved be#ween the PART'IES shal] be subject to
arbitration, Exccpt as provided fnr to the cantrary herein, such di sgute sha] I firsl be reduced to wriling and
considcrcd by the COUNTY CEQ ajid the CYTY Manager. Ttthe CO'{JNW CEO and the CITY Mzioager .
cannot re.qolve #he di spute it wil] be subni itked toarbitratian, 'I'he provisioos oF ckipler 7,04 RCW shall bc
app] icable to any arbifsation procaeding.
, The COIYN7'Y and #he CTTY shxll have L'he nght to designaft one person each to act as an arhitrator_ '1"he '
two selacted arhitrators shall then jointly selec:t a thi-`d ar'bitra#or, 1bc decision of the arbitratioi) panel shal l
be- binding on the PARTIE. S and shall be subject to judicial review as providcd for in chaptcr 7,04 R.CW.
The costs of the arbitration panei shal1 be equally sp11t between the PARTIES„
SECTjON NO.18: VEIYUE SYIPIJL.4.TT0N
This Agmcrnent has been and sha11 be canstrued as h~i viog been made add clelivered within th e Statc of
W$sliington and it ts mu#ua11y undetstood and agreed by each parfy that khis Agroment shall $e
govcrned by the ]aws ofthe State of Washington boih as to tnierprctalion and perfonnance. Any action at
. ]aw, suit in equity or judicial peaceedtng for the enfarc:cment oF I.bis Agccment, or any provision hcreto, shal] be in stEtuted on1J+ in courts of campetenl jurisdiction u+ithin Spokanc County, Washington_
SEC710N ND. 19: ~~VERA]3TLI'I'Y
T7te PA.R.Tf.ES ap,ree t1ha# if any Parts; #erms ar provisians af this Ageemen# are beld by ihe couris la be
illega-l, 1be validity of [Fie remaining portions or provisians shall uo# be affacted asid the riglits and
ob] igatinns of the PAR`ITES shall not be affected in regard i:o the rem:xindef o!` I:h4 A geemenl:, .LF i1: shauld
appear that any paeE, #e= ot provision of this•Agret:meni aS in cOnflact wiLat any SlstulAry provisiOn Of the
Sta#e of Washingtan, then tho part, terrn or provision thoroof th$t in$y be in conflict shall be deemed I
inaperadve and n ull arid void insofar as it inay be in con#lict therewith and this Agreement shall be deemed
to modify to conform to sucli sfiahGtoFy prnvision.
I
SEC''T.i[lN N[}. 20: RECORDS
A1] public rcoprds prepared, owned; used or retained by the CO-LTN7'Y in canjunc#ian with providing
Services under ihe terms ofr'this Agrecmeiyt sliall be daeined C17-Y property and shsll be niade available ta
the CITY upon request by the CTTY Manager subjecI fo #k aftornq clicnt and attorncy work product
privilegcs sct forth in statute, conrk rule or case law. The CD[JNTY will notify the C= of dny public
disclosure request widcr ch$pter 42_17 RCW far copies or viewing of such recards as well as the
, . .
: - COL.FNTY'S responsc thcrcto_
Interlocat AQreement Hearing Exarvinar Page 7 0f 1]
iSTCT'ION 1V0. 21: HEADIIVGS
ne section headings appearing in chis Agreement have be~o inserted scrlely for Ihc purposc of. - I
canvenience and ready reference. Ln no way do they purport to, and shall not be &em~d #o define, ]imit
or exiend the scope ar intent ofthe sections to which they pcrtain. SECTIOIY NO. 22: TIlqE OF ESSENCE Qk' A,G.REUMEENT
Time zs of thc csscnce e)f this Agreeinent and in case ei#her Farty fails to perform #he abligatians on its
pari' to be per.formed at the tErne fixed for the perforni ance ofthe respective obiigation by the terms of#his
Ageement, thc othcr Party trEay, at its election, hold the other Farty liabie for al1 costs and damages
causcd by such deiay_ I SEC'TION NO. 23: UNCONT'ROLLABLE CUZC[JMS'TAN CES1I]VII'OSSIBIL1'TlC
A dclay or interruption in or failure of performance of all or any part of #his Agreement resulting from
Llncontrollable Ciroptnstances shall be deemed not a default under this ASTeement_
A delay or inierTUption in or failurc of pcrfoi-rrLance of al] or any part of this Agreement result3iig from
any change in ar new law, order, rufe or regulation of any nature which rrmders providinn, ofSmices iiy
accnrdance with the terms of this Agreemeni legally impossible, and any otber circumsta=es beyond the
contral of the ~O-LNTY which render ]egally impossible the performance by the COUN7Y of its
obligations under this Agf`eement, shall be deemed not a default nnder tllis Agreemeilt_
SECT1O1V 1VO. 24: FLI.T1VG This Agi-eement shall be filed by the County with such offices or agencies aq required by ch$pter 3934
RCW,
~ SECTf.{7N lYC}. 25: EXECI.JTION AND AY'PRO'4'AY.r
7'he PARTIES warrant that thc offiicers executing below have been duly authorized to act for and an
bchajf of the Farty far purposes of canfuming this A.greement.
SECT'ION NO. 26: LIYYTIATIVES
'.~'hc PARTIES recogniae that revenue reducing inii:iative(s) passed by lhe voUers oE' Washingion may
substarttially reduce ]ocal operating reveetue far thc CITY, COUNTY. or both PARTf.FS_ The PAR:TIES
agree that it is necessary to have flexibility io reduce the con"ctcd amouiyt{s} in this Agreemeiyt in response
to budget constr-aints resulting firom ihe passagc of mvenue reducii}g initiative(s). Jf such an event occurs,
lhe PART.1T--S agree to negakiate in goad faith #a achitve a Fnutually agreeable resolution in a iimely fashion, I
SECTTO.lN 1VO. 27_ COMWY.rAI~CE V4'TI"H I1AV4'S
The Yarties shall observe all fo&ral, state and local I aws, ordb3ances and ri-,gulation s, to t1it exteiit t1i at tjie-y .
may be applicable to the terms of #lus Agrcemcn#.
lnterlocal A.greenieoi~ Hearing Exarr4iner I'agc 8'of 11
- - SFC'TiQN Nn. 28: DTSCLAIMER
Except as otherwise provided, t:his A~,Reemenl shall nc~t,bc ccrostrued in aiiy manner that would limit
either Party's authority or powers under laws.
SEC'I'ION NO. 29: SUPERSE-DE
This Agreement shall supersede and terminate that agreement between the Parties enlitlecl
"IN'lERLOCAL COOPFRATIpN AGRET'M,T•.NT BETWECN CITY OF SI'OKAIYE VALLEY
AND SPOKANE COUNTY FOR HTA.RT,NC FXA.MINER SERVICCS" executed under Spokane
County Resolution No. 03-031 l and execuled by the CI7'Y oii imarch 26, 2003.
SFCTIQN NQ. 30: ASSURAl1TCE
The CITY shal) pay the COUNTY the we and fiill cost of all Services provided under I.his Agrecment.
The intent of the Parties is that neither I'arty will subsidi-r.e the other and that the CITY will not subsidize
any other jurisdiction that is receiving similar services.
LN R'TTNFSS VVHEREQF, the PARTIES have caused this Agreement to be eteCUted on dace and year
opposiCe their respective signatures.
DATED: ROAR.D OF COUNTY COMMTSSiONERS
OF SPOKANF COUNTY, WASHJNGTON
~ TOT)T) MWLKT', Chair
~ .
AI 1`F,ST: . MARK RICWARD, Vice-Chair
Clerk of the Boarcl Daniela Erickson PHTLLIP D. HARRIS, Commissioner
DATED: CITY OF SPOKANE VALLEY
ATTEST:
David iVleecier, Ciry Manager
Christinc Bainbridge, City Clerk Al''PItOVEll AS TO FORM ONLY:
Office of the Gity Altorney
' lnterlocal Ageement, Hearing Fxamuner Page 9 of 11
,
Hearing Examiner Services shali inclnde all time spent b]+ the H.earing Examiner in rnaking sike visits,
preparing far and canducting the public hearing, reviewiiyg thc rccord, drafting a written decisian and
rulings on motions, organizing and mailing a dectsion or recornmendai'ion, drafting necessary
correspondence, and- conducting atbcr dutics under Ihe CTIY Hearing Examiner Ordinance on Etems
referred to thc Hearing Examiner by the City Ivixnager or hislher designee_
Hearing Examiner Sei-vices shalI a Iso include #he time spent by #he I{eartng Examiner Kn meeting with CITY
staff io discuss umprovements eo CiI"Y Hearing Examiner system, if specifcally rquested by thie City
Manager or hislher designee, prescribing rules for the schaduling and conduct of he,arinp dnd okher
ptocedural matlers retated to the duties of the Heariiig Exarniner, and-reporking to and meeting with the .
C11"Y Council aadfor Pfanning Cammission. The Heanng Examiner shall charge and retain the costs of preparing and certifying records and transcripts
for appeals af Ci!Y Hearing Exaininer &c3sinns from the appcllant 2s provided by statuke ar C;1'1'1'
ordinance_
CITY shall be responsible for providing legal advicc to the Hearing Ex~miner in conJunction with hiin
perf.orming kieari ng F,xamin er Servic~s under the terms of this Ageement.
i-Iearings shall be held in that location desigr,atad hy the Ci.TY, interlocal Ageernent Hearang Examiner Ptsge 10 nf
~ ExM.cr 2
_ J SPO.KANE COLF1i'TY
Sl'OKANT VAIILEY HFAR.INC EXAM:IN'El`t HOURLY RATE
2005 CONTRACT
2005 M&O Cost
Adopted llircct Labor Indirect Per Per Per
Position No. Budget Cost per Hour 13onr Hour Hour
Hearing Examiner 1 100,339.00 51.46 4.53 3.47 59.45
Staff Assistant i l 51,842.00 26_59 2.34 28.93
2 152,181.00 78.04 . 6.87 3.47 88.38,
Note: Rate based on indircct costs per OMB A-87 Cost Plan Esealated
2003 for 2005, actj ust:ed to only include depreciation nf c.apital
imprnvements acqui.red aftcr the C17'Y's official date of incorporation,
prepared by PRM Group, an independent plan preparer applied to salary
and benefits 8.80%
Maintenanee & pperation
2005 Adupted M & 0 10,771
~
Less: Expenditures Not Related to Spol:ane Valley -
4170 Legal - Use Spokane Valley I.,egal Services for (500)
5110 Lntergovemmental - Spokane Valley will hire separate counscl fur (1,000)
9110 Interfund Professioraal - will (200)
9502 IntErfuncl Motor Pool - will not use for Valley cases .(150)
Less: Fxpenditure Reductions
3111 Office Supplies - rel7eeis e:cpected cost f'or 2005 (500)
4190 Otlier Professional - Lexis rescarch only expected (400)
4940 }'rinting - reimbursed for 85% (1;260)
Adjusted M Rc O 6,761
Annual Hours
Annual Hours Worketi 1,950 .
Note: Spokane County employees work 7.5 hours per day, 37S hours per weel:, and
1,950 hours annually.
lntcrlocal Agreement, Iiearing Examiner Page 11 of 1]
, lYeturn to: Daniela Erickson, Clerk of the Board
. . Board of County Commissioners
1116 W. Aroadway
Spokane, Washington 99260
INTEl71.OCAL AGREEiVIENT F012 JURY MAVAG~MENT SERVTCES
TtN THIE CITY OF SPOKANF VALLEY (January 1, 2005 necember 31, 2005) T.HIS A('aREEMEN`l', made and entered into by antl among Spokane County, a political
subdivisirin of the State of Washingrton, having offices for the transaction of business at 1116 West
Broadway, Spokane, Wa-shington 99260, hereinafter referred to as "COUNTY," the City of Spokane
Valley, a municipal corporation of the State of `Vashin' on, having offices for the trans.action of business
at the Redwaod Plai.,a, 11707 rast Sprague Avcnue, Suite 106; Spokane Valley, Washington 99206, _
hereinafter referred to as "CITY" and Spokane County Superior Court; having offices for the transaction
of business at 1116 West 13roadway, Spo}:ane, Washinpton 99260; hereinafier referred to as the
"COiJRT," jointly hereinafler referred to as the "PAR77TS." The COUAITY, C1TY and COURT agree
as folloNvs.
SECI7.QN NO. 1: 1Z~,CITAi.,S A\`Il FLNDI~~tGS
(s) '1'he Board of County Commissioners of Spokane County has the Qire of County property
and the management of County funds and business under R.CW 36 32.12U(6).
(b) Counties and cities ma}' contract with each other to perforrn certain functions wh.ich each
may legiilly perforrn under chapter 39.34 RC`V (Tnterlocal Cooperation Act).
(c) The Spokane County Superior Court maintains a Jury vlanagement Systcrn that is used to
summon, qualify, organi'r.E, track and pmvide compensation to jury panels for the Spokane County Superi4r
Court, Spokane County District Court and Municipal Courts.
(d) 'flie City of Spokane Valley de,sires to, utilize the services of Spokane County Superior
Cour[ for the purpose of summoning, qualifying, organizing, Lrack.ing and providing compensation to jury
pttaels in corijunction with City of Spokane Valley misdemr-.:u~or court cases requiring juries.
SECT:IC)N NO. 2: DEF'1N1T10NS -
(a) Aereemcnt: "Agreement" means this ].nterlocal Agreement between thc CITY,
COLTNTY and COUIt"I regarding jury management services.
(b) Citv: "CJTY" means the City of Spokane Valley.
Llterlocal Ageement, Jury Management Page 1 of 11
(c) Countv: "COUNTY" means Spokane County. -
(d) Maintenance and Oaerations: "Maintenance and Operations" and "M&p" shall mean (1)
thosc class codes (3000-5999 and 7000=9999) u.scd by Spokane County in its budgetary process as
prescribed by the BARS manual adopted by thc State of Washington under chapter 43.88 RCW so long as
such expenditures are directly attributable and proportionate to services rendcred to CITY under the terms
of this Agreement.
(e) Services: "Services" means those services identifed in Exhibit 1.
(n Comnensation: "Compensation" means lhat methodology set forth in Fxhibit 2 used to
establ.ish lhe amount of money which the CITY will pay the COUN'1'Y for pmviding Services.
(g) Canital Imnrcavement: "Capital Improvement" shall mean any expenditure in excess of
$1999.99 or such higher figurc as set by the COLTNTY as the capitalization thresbold ducing the terni of
the Agreement. The COUNTY shall give the C1TY advance noticc of any increase in the capitalization
threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such
expendilure will be coded as provided for in the BARS-manual adopted by the State of Washingon
under RCW 43.88.
(h) Uncontrollable Cireumstanccs: "Unconcrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections, aets of terrorism; external fires and floods, volcanic
eruptions, lightning or earthquakes at or near where the Serviees are performed and/or that directly affect
providing of such Services. SECTION Pfb. 3: PURPQSF
The purpose of diis Agreement is to reduce to %vriting the PARTICS' understanding as tn the terms and
conditions under which the COUR.T will provide Services on behalf of the CITY. It is the intent of the
PAR'1'LES that Services to be provided by the COiTfZ"1' will be consistent with the CTTY'S Council/,anager
farm of bovernment provided for in chapter 35A.13 RC W.
SECTTON NO. 4: DURA'f ION/W1THDRAWAL
This Agreemenl shall commence on January 1, 2005, and run throubh December 31, 2005.
At thc cnnclusion.of the initia) term, ttus Agreement shall autotnatically bE renewed from year to year
thereafter effective January V to laecember 31' All renewals shall bc subjcct to all terms and conditions
set forth herein to include the mcthodolaV fer billings set forth in Exhibit 2.
Any Party may withdraw at any time from this Agreemeiat for any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the olher Party.
SECTION NO. 5: COST OF SEKVICES AND PAXMENTS
The CITY shall pay the COUN"1"Y the ccast,.s for Scrvices providecl u.nder this Agreement as set forth in
Exhibit 2, attached hereto and incorporated hercin by referenc:e.
Interlocal Agreement; Jury Managcmcnt Page 2 of 1 l
, The COLfNTY CEO shall advise the C1TY Manager as soon as possible of any anticipated nr
. " unanticipated capital improvement costs that arise during the contract period. The City shall pay capital
impravement costs either (1) under the Cost Allocation Plan as an indirect cost amorti-r,ed over the usefiii
life of the iinproverrient utiliiina straight-line depreciation and incorporating the expected salvage value
of the improvement at the end of its useful life or (2) as a direct cost in the form of a contribution made
to the Equipmcnt Rental and Revolving 1'und. The CITY shall be respon.sible only for capital
improvement costs incurred afler Marcb 31, 2003. Any portion of a capital improvement that was paid
for or acquired th.rough separate agreemenl or with grant praceeds, bond proceeds, user fees, donations,
or any other acyuisition method that reflects a contribution on behalfof'GITY shall nnt be includcd in the
dcpreciation scheclule applied to the CITY. Any capital improvement for which the COUNTY seeks
reimbursement from the C1TY must be necessary to fulfill the requirements of this Agreement. .
The COUN1`Y will bil] the Cl l`Y for the cost of Services annually after January 15`b for the use of the
System in the preceding year. Payments by the C11'Y will be duc hy the 5d' day nf the following month.
At the sole option of.'the C4UN°I"Y, a penalty may be assessec3 on any late payment by the CITY ba.sed
on lost interest e<trnings had the paymeot bcen timely paid and invested in the Spokane County
Treasurer's lnvesiment Ponl. I"he C1717Y ma}' dispute any monthly annual billing. Pending resolution of
any dispute, the P/IRTT.FS agree that the CITY shall pay timely that portion of the bill that is undisputed.
In the cvent the CITY disputes any monthly annual billing it shall include in c4njunction with the
manthly pa_yment a leCter stating with specificity the ba.sis for the dispute. The PARTIES agree to meet
within tiiirty (30) calendar days of the COUNTY's rcceipt of the dot:umentation lettee stating the basis
for the CITY disputing any monthly annual billing to resolve the matter. In the event the PA.R.TiES
caniiot mutually revolve the matter within the thirty (30) calendar day time frame, unless otherwiss
agreed by the PARTIIaS, the matter shall bc re.solved pursuant to the Dispute Resolution provisions set
forth in Section No. 17. The selection of arbitrators as providecl for in Section No._17 shall commence
within thirty (30) calendar days af the rurming of the thirty (30) calendar day time frame.
Any resolution of a disputed amount Ihrougti use of the arbilr~ttion process identified in Seelion ] 7 shall
i.nclude, at the request of either Yarty, a determination of whether interest is appropriate, including the
limount.
Tbc PARTLES recogniz,e that it is nnt ahvays possible for either Ptu1:y to discover errors in billing. The
PA.RTf.rS further reeognize that there musC be sorne finality to addressing such errors. Accordingly, the
PA.R.TI:ES agree that both PARTIES are forecloscd firom challenging any crrors in billings if the maller is
nol drawn in «Titing tv the other F'ARTY'S ariention within chirty (30) calenda.r day5 4f the F►nnual billing.
Errors raised wit.hin this time f-ame that are not mutuslly resolved shall be subjeet to the Dispute Resolution
provisions sec forth in Section No. 17.
SECTIUN YO. 6: RELATED Y2:f;S:PnNSIBILITIES 1N COXJU\`CTION N'VITIi. PROVI:C)iNG
SERVICES
The COURT or its designee agrees to attend slaff mcctings as requested by the CTTY Manager.
I'he COITRT or its designeE: agrcGS to meet upon request by the CITY Manager nr his/her dcsi?nee to
discuss any Service provided untler the terms of this Agreement.
The CITY agrees the COURT may use the COUNTY'S stationery in canjunct.ion with providing Services
under the tcrrns of this Ageement
Intcrlocal Agreement, Jury Msnagement I'age 3 of 1 l
SECTION NO. 7: NC)T1CE -
All notices or other communications given hereunder shall be deemed givcn on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on
which the same have becn mailetl by fust class delivery, postage prepaid addressed to the COUNTY or the
CITY at the addre.ss sct forth below fnr such 1'arty, or at such other adciress as eitfier Party shaU frorn timc- tca-time designate by notice in writing to the other Party: .
COUNTY: Spokane County Chief Executive Officer
or his/her authorized representative
1116 West f3roadway Avenue
Spokane, Wash.ington 99260
CITY: Ci[y of Spokane Valley City Manager
or his/her authorii.ed representalive
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Wa.Shington 99206
COURT: Spokane Superior Court Presidi.ng Judge
Spokane County Courthouse
1116 West Broadway Avcnuc
Spokane, Washingtpn 99260_
5EC77pN r'O. 8: RFPORTIlNG
Reports - The C4UitT shall provide I.he CITY with reports documenting actual usage under this Agreement
at the same time each invoice requcsting gay►nent is made, unless othenvise mutually agreed by the Parties.
The Parties agree that the terminology "reports documenting usage" mc,ans that tyFe of infomiation
pravided by the COURT tq the CITY in lhe 2004 ageement for Serviccs. Sueh reports shall be in a format
as mutually agreed to between the Ptvties. The ccantent andlar format for such rcports may be changed from
lime-to-t.ime by written ageement behveen CITY Fuid COURT staff.
Records Review -`Che CITY shall be allowed co condiict random revievvs of the records generated by the
COLTWT in performance of this Agreement as authoriretl under Glt 31. 'lhe CITY will provide Ihe COUItT
with reasonable advance notice of the records reviews. The Parties agee that they will make besl en'orts to
achieve a resolulinn nf any potential records confidentialiry issues, including entering intA confidentiality
agreements or other similar mechanisms that will allow disclosure of the necessary information to
accurately conduct a records review consistent with CR 3l . If the CITY will be allowed to view only those
records directly relating to Services provided within CITY's eorporate boundaries, then the COUNT'Y must .
keep a log of original documents used to charge the CITl', and those dacuments musl have identifying
numbers or letters so the original source documents can be easily retrieved.
SECTION NU. 9: COUIVTER.PAR'i`S
This Agreement may be executed in any number of counterparts, each of which, when so executed and
delivered, shall be an original; btit such counterparts shall together coristitute but one and the same.
Intcr(ocal Agreemcnt; Jury Management Page 4 of 11
SEC770N NO. 10: ASSIGNME:NT
. No Party may assign in whole oe part its intere:st in dlis Ageement without the written approval of the other
PAR1Y.
SECTION NO. 11: CQURT EMPLOYFFS
The COURT shall hire, assigrt, retain and disc;ipline all employees perforrning Services uncler this
Agreement accorcli.ng to applicable c;ollective bargaining a&Teements and applieable state and federal laws.
The COURT aD es to meet an<l confer vvith the CITY witli respect to staff that is assigned td provide
Services. Ts„sues of discipline or ncrfonnance will be specifically handlecl aceording to COUKT policies.
SECTION NO. 12: LIA13!L1'I'Y For the purpose of this Seclion, the terniinoloU COLJNTY shall also include COUR1'.
(a) The COUN`[Y shall indemnif'y and hold harmlcss the C11'Y and its o-Micers, agents, and employees,
from any and all claims, actions, suiLs, liability, loss, costs, expenses, and damages of imy nature
«fiatsoever, by any reason of or arising out of any nealigent act or omission of dhe COIJN'I°Y, its eliicers,
agents and emplayees, relatinb to or arising out of performing Services pursuant ta this Agreement. In the
event that any suit based upon such clai.m, action, loss, or darnages is brought against the CTTY, the
COCJNI'T'Y shall defend the samc at its sole cost and expense; providFad that die CIT"Y reserve.s the right to
~
parcicipate in said suit if any principle of governmental or public law is involved; and if finti] judgment in
said suit be rendered againsl thc CITY, and its officcrs, agents, and employees; or jointly against the CITY
and the COUNTY and their respective officers, agents, and employees, the COUNTY shal) satisfy ihe same.
(b) The CITIr' shall indemnif}' and hold harmless tbc COUr'"1 Y and its officers, agents; and employccs,
fPORI any and all claims, actions, suits, liability, 1oss, costs, expenses, and damages of any nalure
whatsoever, by any reason of ar arising out of any ne~ligent act or omission of the CTTY; its offcers, agcnts
and employees, relating to or arising out of performing Services pursuanl to tliis Agreement. In 1:he event
that any suit based upon sueh claim, action., loss, or damages is brought against the COUN7Y, the CITY
shall clefend the same at its sole cast and expense; provided that the CO[JNTY reserves tFic right to
participate in Said suit if ttny principlc of govertiniental or public law is involvad; and if fint►1 judginent in
said suit be rendered agai.nst the COUNITY, and its officers, agents, and employces, or jointly against 1:he
COiJNTY and the C17`Y and their respect.ive officers, agents, 3nd employees, the C17'}` shall satisfy the
sam e.
(c) lf the cornparative negligenec of the Parties and their afficers and employees i5 a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared between lhc Parties in proportion to
their relative degree of negligcnce and the right of indemnity shall apply to suc}i proportion.
(d) NVhere an officer or employee of a Party is aefing under die directinn ancl contr4l of the other
Party, the P-.u-ty directing and controlling the officer or employee in the activity and/or omission giving
rise to liability shall accept all liability for the other Party's offie.er or eniployee's negligence.
~ (e) Each Party's duty to indemnify shall survive lhe termination or expiration of the Agreement. Interlocal Agreeinent, Jury Managemcnt Yage 5 of 11
(f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity . under Washingtnn's Industrial lnsurance Act, chapter 51. RCW, respecting the other party oniy, and only to "
the eartent necessary to provide the i.ndetttnified ParCy with a full and complete indemnity of clauns made by
the indemnitor's employeGS. Thc PAR1'IES acknowledge that these provisions were specifc;ally negotiated
and agreed upon by them.
(g) The COUNTY ana the CTTl' agree to either self insure or purchase polieies of insurance covering
the matters contaiiied in this Agreemenl with coverages of not less than $5,000,000 per occ:urrence with
$5,000,000 ag,gregate limit,s including professional liability and auto liabiliry coverages.
SEC770N IvO. 13: RELAfIONSHiP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be crcated by th.is Agreement. I'he
COURT shall be an iridependent contractor and not the agent or employee of the CIT'Y, that the C!'I`Y is
intcrestcd only in the results tn be achieved and that the right to control the particular manner, method and
means in wbich the services are performed is solely within the discretion nf the COU'RT. Any and all
employces who provide Services to the CITY under this Ageemcnt shall be deemed employees solely of
the COURT. The COURT shall be solely respflnsible for the conduct and actions of all employees under
this Agreement and any liabiliCy lhat may attach thereta. Likewise, no agent, employee, servant or
representative Af the CITY shall be deemed to be an employee, agent, servant or representative of the
COUN'TY or COURT for any purpase.
SEC'TION N0.14: MOllIFICATION ' This Ageement may be modified in writing by mutual written agreement of the PAIZ?IES.
SECTIOY NU.15: PROFERTY AND FQUT.PMEN1 The owncrship oP all property and equipment utilized in conjunction wilh providing the Services shall
remain wilh the orifTinal o~vner, unless otherwise specifically and mutually ag-reecl to by the PAR.TIE-S to
. this Agreement. For the purpose of this section; the terminology "owmer" means that Party which paid
the full purchase price for the property or equipment.
SECTION NO. 16: ALL WRI`I1NG5 CO\'TALYED REREINB0TI)ING EFFECT
This Agreement contains terms and conditions ag-eecl iipon by the 1'ARTiES. The PARTi.FS agE;e that
there are no other understandings, oral or otherwisc, reF;arding the subject matter of this Agreement, No
changes or additinns to this Agreement shall be valid or binding upon the PAKI`IES unless such change or
addition is in writing, executed by the PA.RTIES.
This Agrccment shall be binding upon the PAR°11E5 hereto, their successors and assigns.
SFCTION Nn. 17: DISPUTE RESOLUTIOV Any disputc betwoen the PART'IES as to cost of services only which cannot be resolved between the
PAR1'IES shall be subject to arbitration. Except a.s provided for to the cantrary herein, such dispute shall .
Interlocal Agreement, Jury Nlanagement Page 6 of 1 l '
first be reduced to wriling and considered by the COiJNTY CEO and the Cl"'Y Manager. I.f the COUNT'Y
CEO and the CM.' Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of
c}lapter 7.04 RC«' shall be applicable to any arbitration proceeding.
The COUN77' and the CITY shall have the right to designate one person each to act as an arbitrator. `I"he
two selectecl a.rbitrators shall then jointly select a third arbitrator. The decision nf the arbitration panel shall
bc binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW.
Thc costs of the arbitration pancl shall be equally split bet•ween the 1'ARTlFS..
SFC'i70N \'O. 18: VENLTE STIFULATION
This A&Teement has been and shall be construecl as having been made and delivered within the State nf
Washingtan and it is mutually understoad and agreed by each party tt»t this Agreement shall be
governed by the laws of the State of Washington botH a.s to interpretation and perforniance. Any action at
la,.A,, suit in equity or judicial proceecling for the enforcement of this Agreement, or any provision hereto,
shall be instiluted only in couets of competent jurisdiction within Spokarie County, Wa.shineton.
SEC`CiON NC).19: SEVEI2AAII..T7`Y
The PAtZ11ES agree that if any parts, terms or provisions of this Agrecment are held hy the courts to be
illegal, the validity of the remaining portions or provisions shall not be t3ffecteti and the rights and
obligations of the PARTI.TS shall not be affected in regard to the rcrnainder nf the Agreement. If it shauld
appear that any par1; terni or provision of this Ag'cement is in eonflict with any statutory provision of the
State of Washington, then the part, term or provision thereof dhat may be in conflict shall be deemed
~ inoperative and null and void insofar as it may be in conflict therewith and tbis Agrcement shail be deemed
to mocli.fy to conform to such staCutory nrovision.
SECTIdN NO. 20: KECORDS
All public records prrpared, owbed, used or retained by the COUNTY or COURT in conjunction with
providing Services under the terms of this Agecment shall be deemed Cl'11' property ancl shall be made
availtible tp the CITY upon request by the C1TY Manager subject to the attorney client and sttorney wnrk
product privileges set forth in statute, court rule or case law. The C;OUNTY will notify the CITY of any
publiC disclosure request under chapter 42.17 RCW for copies or viewuig of such reeords as well as the
COUNTY'S response thereto. `Che COURT will notify the CIfiY of any requF:st for couet records under Glt
31.
SEC'TiQ\' NO. 21: I3EADL~'~tGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
conven.icnce and reacly reference. Tn no way cio lhey purport to, and shall nnt be dcemed to define, limit
or estend the scope or intent of the sections to which they partain.
SECTIQN NO. 22: TIAIE OF FSSEIVCE OF AGI2EEMFNT .
Time is of the essencc of this Ag-ecment and in case either Party fails to perforrn the obli;;ations on its
part to be performed at the time fi;ced for the perforrnance of the rGSpective oblibalion by the terms of t}iis - lnterlocal Agreement, Jury Ivlanagemenl Page 7 of 1 1
Ageement, the other Party may, at its election, hold the other Party liable for all costs and damages
caused by such delay.
SECTION NU. 23: UNCON'I'ROLLABLE CTRCUMSTANCESlfNi.POSSIBILITY
. A delay or interruption in or failure of performance of all or any part of this Ageement resulting from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
any change in or new law, order, rule or regulation of any nature which renders providing of Services in
accordancc with the terms of this Agreement legally impossible, and any other cireumstances beyond the
control of the COLJNT'Y or COURT which render legally impossible the performance by the COiJNTY
or COURT of its obligations under this Agreement, shall he deemed not a default iinder this Agreemenk.
SECTION NQ. 24: F]LL1TG
This Agreement shall be f led by the County with such offices or agencies as required by ehapter 39.34
RCW.
SECTION NO. 25: F.XFCO110N AND APPROVAL
The PA_R'IIES warrant that thc oEficers executing below have been duly authori.zed to act for and on
behalf of the Party for purposes of confirming this Agrecment-. SECTION N0. 26: ]NTI'IA'1'IVES -
The PA2"1'lE,S recognize that revenue retiucing initiative(s) passed by the vaters of_ Washington may
substantially reduce local opcralinb revenue for the CTTY, COUNITY or both PART1ES. The PARTIES
agroe tha1: it is necessary to have flexibility to reduce the contrlcted amounl(s) in this Ageeemcnt in
response to budget constrainLS resulling from the passagc of revenue-reduciiig initiative(s). Lf such an event
occurs, t}te PARTIES agree to negotiace in goocl faith to achicve a mutually agreeablc rE:solution in z tunely
fashion.
SECTION iNU. 27: COMPLIANCE WITI3 LAR'S
`I'he Pf►rtie.,s shall observe all federal, state ancl loeal laws, oedinances and regulatioiis, to the extent that they
may be applicable to the terms of this Agrcemcnt. .
SECTION \70. 28: DISCLAI`1Vi:rR
Except as otherwise provided, this Ageement shall not be construed in any manner that would limit
either Party's authority or powers under laws.
I.nterlacal Ageement, ]ury ,1Aanagement Page 8 of 11 -
~ SECTI4N \j0. 29: ASSIJRANCE
1'he CiTY shall pay the COIJNTY the mie and full cost of all Services provided uncler this Agreement.
The intent of the Parties is that neither Parky will subsidize Ihe otlier and that the CITY will not subsidize
any ot.tier jurisdictinn that is receiving similar services.
IN WITIVESS R'HE12EOF, the PARTIES have egused diis Ageement to be executed an clatc and
year opposite their respcctive signatures..
PATFD: k30A.Itll OF COUNTY COMM:ISSIONERS
QF SI'OKANE COUNTY, WASHNGTO\'
TOUD lv11IELI`E, Chairnian
ATTFST:
Clerl: of the Board
M.ARK R1CHATtD, Vicc-Chaimtan
T)aniela Erickson P1-I1LLf' D. HA.R.RIS, Commissioner
nATED: SPOKANE COUN'fY SUPERIOR COURT:
BY=
Its:
DATEU: CITY OF SP01:ANE VALLFY:
ATTEST:
David Mercier, City Manaaer
Christine Bainbridge, City Clerk
APPROVE17 AS TO FORM ONLY:
(.??ffice of the City Attomey
~
,
-Interlocal Agccmelit, Jury Managcmcnt Page 9 of 11
EXBIBIT 1
The COURT shall operate and provide Lhe Services to CITY. The Services ares generally described as
summoning, yualifying, organizing, tracking, providing and compcnsating, jury panels for CITY'S cases
consistent with applicable laws and court rules
Interlocal Agreement, JuryManagemcnt Page; 10 nf 1 1
~ .
FXFT[BiT 2
CITY shall pay COIJNTY I:he aclual costs for its use of the system in 2005 and future years as
follows:
Costs of the Services shall be comprised only of administrative costs for ma.nagement of the System.
(Costs for each jury pane) requested shall be the actual costs to include jury fce, mileage and all other .
costs directly attributable to the specific jury requested. These costs shall be the responsibility of CI1'Y
once a jury is requcsted regardless of whether it is ever empanelled. T'hese fees are not includetl in lhis
Agreement. They are included in the hNI"EItLOCAL AGRE-WENT FOR COS'CS i~TC117ENI' TO
Ai7JU17ICATION OF MISDGVLEANOR ANl7 GROSS MTSTaFMT'AN'OR COFFENSES.)
Administrative costs of the Services shall include all eos[s incurrecl by COURT in operating/providing the
System for any calendar year to include:
Item (1) personnel, computer equipmendprinter and supply costs,
ltem (2) printi.ng and postage costs; and
ltem (3) State industrial Insurance costs.
ltem costs will include salariesJbenefits plus (i) all cost of ]iving (COLA) adjustments as authorind
by GOTJNTY for persons providing the Serviees and/or (ii) salary increases and (iii) indirect rate applied
only to salaries/benefits based on Spokane County's OMB A-87 Cost 1?lan Escalated 2003 for 2005,
adjusted to only include depreciation of c:apital improvements purchased after the date of the CITY's
official date of incorporation, prepared by 1'RM Group, an 'tndependent plan preparer. Any increase in
any administrative costs wil] be reflected in the current years cosLs. CITY'S share of the administrative
cnsts imder Ttcm (1) above will be calculated by taking the tatal costs for Item (1) for any calenclar year
tind ciividina it by the total numtrer of jury panels requested in Superior, District or ivlunicipal Courl by
all users qf the System. 1'bis will provicle aper jury panel administrative cost for ltem (l). CTTY will
then pay this per jury administrat-ive eost for Ttem (1) foe each jury panel it has rE;yuested.
Item (2) cost shall be determined by using dhe percentage of juror days served by SuperiQr, District, and
Munieipal Cour[s in any calendar year. C17'X shall pay its proportionate shaze of such cost based on the
number of juries requested.
Item (3) costs shall be deterrr►ined by tal:ing the per hour juror rate which COURT pays foe State
Industrial lnsurance and multiplying it by the total number of juror hours for persons wfio served as
jurors for Cl l'Y.
.
;
-Interlocal Ageement, Jury Management Page 11 of 11
Return to: Daniela Erirkson, Clerk of the I3oard
Board of County Commis.Sioners
1116 W. Broadway
Spok-ane, Washington 99261)
INTERLOCAi, AGRF;FMEN'I' FQR PRETRIAL SETtYICES IN THE CiTY OF SPOKANF VALLEY (Jaouary l, 2005 iaecember 31, 2005) .
TF1I5 AGKEEMEN1, made and entered into by and betvveen Spoleanc County, a political
subdivision of the Stale of Washington, baving offim-, f'or the transaction of business at 1116 NWesl
T3roadway Avenue, Spol:ane, WashingAon 99260, herein3fter refcrred io a.s "COIJNTY" and the City of
Spokane Valle.y, a rnunicipal corporation of the State of VI'ashint*ton, having offAees far the transaction of
business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, V1'ashington
99206, hcreinafter referred to as "Cl'I Y," jointly herf;ina[j:er referred to as the "PARTI:ES." The CUUNTY
ancf CITY agree as follows.
SECTION NO. 1: RECITAT,S AND FiNl)T.NGS
~ J
(a) 1be Board of County Commissioners of Spokane County has the care of COUNTY
properiy and the mana;;ement: of COUNTY funds and business under RCW 3632.120(6).
(b) Counties and cities may contract with each other to perform certain functions which each
may legally perforrn under chapter 39.34 R.CW (lnterlocal Cooperation Act).
(e) Fursusnt to t11e provisinns of 39.34.180, tihe City of Spokane Valley is responsible foe the
costs incidcnt to prosecution of misdemeanor and goss misdemeanor offenses that occur within its
,jurisdiction and that are committed by adults.
(d) The Coun[y has establislied the Office of Pretrial Services. The Office of 1'retrial Services
performs various service,.s iricluding the processing of Public Defender applications in arder to make a
detcrm.ination of indigency for both Spokane County llistrict Court.
(e) The City of Spolcane Valley ciesires to uiilize the scrvices of the Spokane County OfFice of
Pretrial Services for the purposc: of processing Public Defender applications i.n order to mal:e a
determiiiation of indigency where the charge is for a violation ofa state statute punishable as a misdemeanor
nr gross misdcmeanor offense coinmitted by iui adult within the jurisdiction of'thc City of Spokane Valley
and/or the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or
gross rnisdemeanor.
lnterlocal Agreement, Pretrial Services . Page 1 of 12
SECI'ION NU. 2: DEFMiTIUNS .
(a) Aereerr►ent: "Agreement" means this lnterlocal Agreement behveen thc CTTY and .
COUNTY regarding pretrial services.
(b) Citv: "CITY" mcaris the City of Spokane Valley.
(c) Counhr: "COUN 1 Y" means Spokane Counry.
(d) Maintenance and Onerations: "Maintenance and Operalions" and "M&O" shall mcan (1)
thnse class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as
prescribed by the BAI2S manual adopted by the State of Washington under chapter 43_88 RCW so long as
such expenditures are directly attributable and proportionate to services rendered to CITY under the ternis
of this Agreement.
(e) Services: "Services" means those services identified in rxhibit 1.
(f) Compensation: "Compensation" rncans that rnetliodology set forth in Fxhibit 2 used to
establish the amount of money which the C1TY will pay the CpiJNTY for providing Servicc,s.
(g) CaDital lmnrnvement: "Capital Improvement" shall mean any expenditure in excess of
$1999.99 or such higher figure as set by the COUNTY as the capitali.zation threshold during the term of
the Agreement. The COUN I Y shall give the CITY advance notice of any increase in the capitalization
threshald. The f'ARTIES agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such ;
expenditure will be coded as provided for in the BARS-manual adopted by the State of Washington
under RCW 43.8$.
(h) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections; acts of termrism, external fires and floods, volcanic
eruptions, lightning or earthquakes at or near where the Services are perfonned andlor that directly affect
providing of such Services.
(i) Renort: "Report" meaiis the District Court's recoed management system commonly
referred to as Misdemeanor Public Defender DC Czses by I,ocation.
(j) 011'S: "OP'I S" means the Office of Fretrial Services created by Spokane County.
SECTION NO. 3: PURPOSF
The purpose of th.is Agcement is to rctluce to writing the PARTIES' undcrstanding as to 1he terrns and
conditions under which the COL1N I'Y will provicle Services on behalf of the CITY. It is the intent of the
Pt1RTICS that Services to be provided by the COUN'I"Y will be consistent with the CI.TY'S
CounciUManager form of government provided for in chapter 35A.13 RCW.
SCCTION AtO. 4: DURATIONAVI7'HDRAWAL 1'his Ageemenl shall commencc on January l, 2005, and run throuDh December 31, 2005.
Intcrlocal Agrcement, Pretrial Serviees Page 2 of 12
At the conclusion of the initial term, this A~~rccment shall automatically bc renewed from year 1.0 year
therc:aficr efi'ective Januacy 1' to Dcccmber 3All renevvals shall be subject to a11 terms and conditions
set forth herein except for Ex}tibit 2.
1"he PARTITS recAgnize it highly unlikely diat Exhibit 2 settinn, forth the estimatecl eosts 1or each year's
Services wi.ll bc a<<ailable at the starl of.' any renewal time frame. Accordingly, until a new Exllibit 2 has
been preparecl and agreed to between iFie PARTILS, the PARTLES agree that the COlJN1'Y will bill the
CITY and the CTTY will pay the COiTNTY at the same monthly payment rate used for the previous ycar.
Upon the PARTIES agreement on a new ExMibit 2, the C1TY and COLTiti'TY will reconcile payments to date
under the previous year's payment schedule with the new paymenl schedule. Any underpayment for any
Servic;es will be due in the firsl payment due following reconeiliation. Any overpayment for any Se.rvices
will be credited to the first mankhly payriient due following the reconciliation. 1"he PARTLES aaree that no
interest shall be oNving by eitber Party to the other Party for any overpayment or untlerpayment determined
as a result of the reconciliacion.
Any Pariy may withdraw at any time from this As.~eemcnt for any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the other Party.
SCCTlON NO. 5: CQST ()F SFRV)C.F,S AND Y'AYMINfS .
The CITY shall pay the COi1NTY the actual costs for Services provided under this Agreement. 1`he
estimated cost for 2005 Services under this Agrecment shall be as set forth in Exhibit 2, attached hereto
and incorporated herein by reference:
~JThis methodolog uscs the last sia (6) months of Report numbers for 2003 iincl first six (6) months of Keport
numbers for 2004 and aveeages them fnr a twelve (12) month time frame. The resulting number is used as a
basis to estimate the 2005 cost of Services. Thc COUN'CY CEO shall advise the CiTY Manager as saon as
possible of any aneicipated ar unanticipated eapital imnrovement costs that arise during the contract period.
The City shall pay capital improvement costs either (1) under the Cost AllocaUon Plan as an indirect cost
amortized over the useful life of the improvcmcnt utilizing straight-line depreciation and incorporating the
expected salvagc value of the imprnvemeot at the end of its useful life ar (2) as a direct cost in the form of a
contribution made to the Equipment R.ental and Revolving Fund. The CTTY sliall Ue responsible only for
capiutl i.mprovement casts incurreci after March 31, 2003. Any portion of a capital improvement that was,
paid for or acquimd tF►mugh sepv°ate agreemenc or with a,,rFUnt proceeds, bond proceeds, usar fees, dunfltions,
or any other acquisition methad that reflccts a contribution on behalf of CITY shsll not be included lli the
depreciation schedule appliecl to the CiTY. An}' Ci1PJfElI i.mprovement for which the COUI~~`I Y seeks
reimbursement from the G.T.TY must be necessary to fulfill tFie rcquirements of this AgeemenC.
At the end of the calendar year, using the methodology set forth in Ea:hibit 2, the PARTTf?S shall apply the
actual expendilures and the actual usage pereentage to detennine the fmal casl. Tt is the PAR'TIES intent
dhat any adjustmcnt tal:e place as sonn as possible and accordingly .vill use thcir respective best efforts to
limely prepare, disseminate and review all e.cpenditure documentation The CITY will have sixty (60)
calendar days from its receipt of the expenditure ctocumcntation to provide the COUNTY wilh any written
objections(s) to such documentation. The written objection(s) must specifically identify the expencliture(s)
in question. The COUN"1'Y agrees to consider all written objeetions received fmm the CI`I'Y within thirly
(30) calendar days of receiPt of the objections(s). In the event that the PARTiES cannot mutuaUy resolve
any written objection(s) submitted by the CITY withi.n the thirty (30) calendar days time fi-amc, or such
other tiine fratne as the PlIRTTTS may niuhtally ag'ee, the objectiotis shall be resolved pursuant to the
Interlocal Agreement, Pretrial Services Page 3 of 12
Dispute Resolution provisions set forth in Section No. 17. Pending resolution of the objections(s), die _
PARTIES ag-ee that the CITY shall pay that portion of the bill that is undisputod. .
1"o the extent thal the CiTY was over billed in any year and the Agreement is still in effect, the COUNTY
shall credit the CITY for such overpayment in the next monthly payment owning by the C1TY. 1'rovided,
however, in the event the Agreement is termi.nated at such time tllat the overpayment is determined, the
COUNTY shall reimburse the CTT'Y for any overpaymcnt within thiriy (30) calendar days. To the extent
that the CII'Y was under billed in any year and the Agreernent is still in effect, the CITY shall reimburse the
COUN°1`Y for any underpayment in the next monthly payment owing by the C1TY. Provided, however, in
tfie event the Ageement is tcrminated at such time that the underpayment is determined, I:he C1TY shall
reimburse the COUNTY for any underpayment within thirty (30) calendar days. Either Party may at its solc
option chart;e interest on any overpayment or underpa}ment based on lost interest e3rning had Lhe amount
determined clue been invcsted in the respective PARTI:ES investment pool at the end of the thirtiy (30) day
time frame provided fon cereinabove to the date of payment.
Any resolution of a disputed amount tlirough use of the arbitration process idendfied in Section 17 shall
include at the request of either Party, a determination of Nvhether interest is appropriate, including the
amount.
The COCTN'1`Y will bill the CITY for the cost of services as outlined, monthly, by the 15°i of ihe month.
Monthly payments will bc calculated by dividing those annual costs set forth herein above by twelve (12).
I'ayments by the CITY will be due hy the 5'!' day of the following month. 1'he COLJNTY, at its sole option,
may charge interest on any late payinent calculated on any lost interest eaming hacl the amount due been
irrvested sinee the clate due to the date of payment in the COUNTY's invesl.ment pool.
SFCTION NO. 6: 12ELATED RESPONSTBI_LTTTES IN COYJUn'CTIU\° WITH 1'RUVIULITG -SFRVICFS
The COUI`'TY or its designee agree to attend staff meetings as requested by the CITY Manager. ,
The COUNTY or its designee ageee to meet upon request by the CITY Manager or hisJher designee to
discuss any Scrvice provided under the terms of this Agreement.
The C1TY agrees the COUNTY may u.se the COUN"1`Y'S stationery in conjunction with providing SErvices
under the terms of this Agreement.
SECT70N T'O. 7: n'QTICE
All notices or other communicatinns given hereunder shall be deemed given on: (1) the day such notices or
other communications are receivetl when sent by personal deliv,ery; or (ii) the third day followring the day on
which the same have been mailed by first class delivery, postage prePaid addressed to the COUNTY ar fhe
CITY at the addre,ss set forth below for such Pariy, or at such other address a.s either Party shall fmm time-
tatime desigiate by notice in writing to the other Party:
COITNTX: Spokane County Chief F.xecutive Officer
or hisJher authorized representative
1116 `Vcst T3roadway Avenue
Spokane, Washington 99260
Interloc;al Agreement, Pretrial Services Page 4 of 12
CITY: City of Spoksne Valley City Manager
or his/her authorized representative
Kedwood Plaza 1.1707 rast Spraguc Avenue, Suite 106
Spokane Valley, Washinaton 99206
SECTION NO. 8: RFFORTINC
Reoorts - The COUNTY shall provide the CITY with rcports documenting actual u.sage under this
Agreement. The Parties agee that the terminologyy "reports clocumenting actual usage" means that type of
inforniation provided by the GOlJN'I"Y to the CITY in ihe 2044 agreement for Services. An updated report
shall be submitted quarterly unless otherwise mulually agreed by the Parties. Sucli reports shall be in a
forniat as mutually ageeed to becween the Parties. The cantent and/or fonnat for such reports may be
changed from time-to-time by written agreemenl bctwecn CTTY and CQUNTY staff.
Records Review - The CITY shall be allowed to eonduet random rcvicws of the record.s generated by the
COUNTY in pert'ormance of this Agreement. The CITY will provicle the COUNTY with rcasonable
advanec notice of the records reviews. "I'he Parties agree that they will make best eff.orts to achieve a
resolution of any potential records confidenriality issues, including entering into confidentiality agrccmerits
or other similar machanisms that will allow disclosure of the necessary information to accurately conduct a
records review. [f the CITY ,vill be allowed to view only those records directly relating to Services
peovided within CITY`s corpordte boundaries, then the COUNTY must keep a log of original documents
used to charge the ClTY, iind those cloeuments must have identifying numbers or letters so the original
source documents can be easily retrieved. .
SFG'I70N AfQ. 9: COUNTERJ'AK1'S
This Agreement may be executetl in any number oC eounterpart,s, each of which, wlien so executed and
delivered; shall be an original, but sueh caunterparts shall together constitute Uut one aricl the same.
SFCCTQN \'Q. 10: ASSIGNMEI\`T
iNo Party may assign in whnle or part ils interest in this Agreement without die written approval of the otliee
PAR I'Y.
SF CTION NO. 11: COTJNI'Y EMi'LOYEES
'Che COIJ\' l'Y shall hire, assign, retain and discipline all employees perfonning Services under this
Age.ement aeeorclina to applicable collective bargaining agreements and applicable state and federal laws.
The CQiJNTY agrees to meet and confer with the CITY with respect to staff that is zLssigned to provide
Services. Issnes of discipline or performance %vill be speei.fically hanclled aecording to COUNTY polieiet.
SEC 1 I01' NO.1.2: LTABT.LTTY
(a) The COLTNTY shall indemnify And hold harmless tlie CITY and its officers, agent~s, arid employees,
from any and all claims, action.s, suits, liability, loss, eosts, eYpenses, ancl clarnages of any nature
, whatsoevcr, by any reason of or arising out of any negligent act or omission of the CGUNITY, its officers;
agents zmd employees, relaling to or arising aut of performing Services pursuant to tlhis Agreement. In the
Interlocal Agreement, Pretrial Services Aage 5 of 12
event tbat any suit based upon such claim, action, loss, or damages is broughl against the CITY, the
COUNTY shall defend the same at its sole eost and expcnse; provided that the C1TY reserves the right tn paiticipate in said suit if any principle of governmental or public law is involved; and if fmal juclgrnent in
said suit be rendered agai.nst the CITY, and its officers, agents, and employec--s, or jointly against the CTTY
and the COUN'1'Y and thcir respective officers, agents, and employecs, the COUNTY shall satisfy the same.
(b) '1"he C1TY shall indemnif'y and hold harmless the COUNTY and i~a officers, agents, and employees,
fmm any and all elai.ms, actions, suits, liability, loss, costs, expenses, and damages of any nature
whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents
and employees, relating to vr arising out of performing Services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought agai.nst the COUNTY, the C1TY
shall defend the same at its sole eost and expense; proviclec3 that the COUNTY reserves the right tn
participate in said suit if any principle of governmental or public law is involved; and it final judgment in
said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the
COUNTY and the CITY and their respective officcrs, agents, and employees, the CI'TY shall satisfy the
same.
(c) Tf the comparative negligenc;e of the Parties and their officers and employees is a cauce of snch
darnage or injury, the liability, loss, cost, or expense shall be shared between the Partics in prqportion to
tFieir relative degree of nebligenee and the right of indemnity shall apply to such proportion.
(d) lwhere an oflicer or employee of a Party is acting under the direction and cc>ntrol of the other
Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accepY all liability for the other Party's officer or employee's nealigence.
.
(e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. (fl The foregoing indemnity is specifcally intendcd to constitute a waiver of each Party's immunity
under Washington's Industrial Insur~nce Act, chaptEr 51 RCW, respecting the other party only, and only to
the extcnt necessary to provide the inclemnifed Party widi a full and complete indemnity of claims rr►ade by
the indemnitor's employees. 1'he PAR17TS acknowladge that these provisions wcrf: specif cally negotiated
and agreed upon by tliem.
(g) The COLTNTY and the CIT'Y agree lo either sclf insure or punchase policies of insurance covering
the matfers contained in this Ageement with caverages of not less than $5,000,000 per occurrcnce with
$5,000,000 agg-egate limits including profc.s.sional liability and auto liability coverages.
SEC.TiON AtO. 13: RELATlONSH[P OF TF.iE PARTI:CS
The 1'AR1'IES intend that an independent contractor relationsh.ip will be created by this Agreement. The
COUN7'Y shall be an independent contractor and not the agent or employec of the CITY, that the CITY is
interestcd only in the results lo be achieved and that the right to control the particular manner, method and
means in which the services are perforrned is solely witliin the discretion of the COUNTY. Any and all
employees who providc Services to the CITY under this Agmement shall be deemed employees solely of
the COUNTY. The COUNTY shall be solety responsible far the conduct and actions of all employees
under I.his Agreernent and any liability Lhat may attach thereto. Likewise, no agenl, employee, servant or
representative of the CITY shall be deemed to be an employee, agent, servant er representative nf the
COWi ~'1TY for any purposc. .
Interlocal Agreement, Pretridl Services Page 6 of 12
SECTTQN NO. 14: MpD1F'TCATTON
This t1greement may be modified in writing by mutual written 3greement nf the PARfIES.
SECTTON NO. li: PROPERTY AND EQUIPME\"'f
The ownership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original owner, unless ntherwise specifiically and mutually agreed to by the PARTTTS to
this AgeemenC. For the purpose of this section, the terroinology "owner" means thal Party which paicl
the full purchase price for the property or equipment.
SCC7`IQN NO. .16: A.LL WRITINGS CQNTAINED 13EREINBINDI3VG EFFECT
This Agreement contains terms and conditions agreed updn by the PA:EZT1F,S. 1'he 1't1IZTlES agree that
lhere are no other untlerstandings, oral dr othenvise, regarding the subject matter of this Agreement. No
changes or additions to this Agrcemenc shall be valid or binclina upon the PARTLES unless suc6 ahange or
addition is in writing, executed by the PARTiFS.
Ttlis Agree►Tient shall tae binding upon the PARTIES heret4, their success4rs and assigns.
SECTTOTT NO. 17: DISPUTE RESOLUTTON
Any dispute lretween the PARTIES which cannot be resolvcd behwecn the PAR"IIES shall be subject to
arbitrition. Exeept as provided for to the conirary hercin, such dispute shall frsl be rectucecl to writing. If
the COUNT'Y Cr0 and the CTTY Managcr caniiol resolve the dispute it will be subm.it[ecl ta arbitration.
The provisions of chapter 7.04 RCWshall he applicable to arry arbitration pmceeding.
The CQi,JNT'Y and the CITY shall have the right to designate one person each to act as an arbitrator. The
two seleeted 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 7.04 R_CVd.
The costs of the arbitratian panel shall be cqually split behveen the PARTTL:S.
SECTIOiN NO. 18: VENUE STTPULATION
This Ageement has been and shall be construed as havin-, been made and delivered within the State of
, Washinatpn and it is rnutually understAOd and agreed by cach party that lhis Ag-e;ement shall be
governed by the laws of the State of Washington both as to interpretation and perfonnance. Any actic?n at
law, suit in equity ar jLidicial proceeding for the enforcement of this At;reement, or any provision hereto,
shall be inslicutecl only in courts of compettnt juriscliction within Spol:ane County, W-ashington.
SECTION NO. 19: SFVERAI3TT.,T7'Y
The PAFZTIES agee that if any parts, terms or provisions of this Ag-eement are held by the courts to lae
illegal, the validity pf the remaining portions or provisions shall not be affectecl ancl the rights ancl
obligations of thc PARTIT'S shall not bc affccted in rcgard to the rcmaindcr of the AgeemenL If it should
appetir that any pa.rt, lerm or provision of this Agreement is in ccmllict with any statutory provision of the
. State of Washington; then the part, term nr prnvision thereof that may be in conflict shall be deemed
Interlocal Ageement, Premial Services Page 7 of 12
inoperative and nuU and void insofar as it may be in conflict therewidi and this Agreement shall be doemed
to modify to conform to such statutory provision.
SECTION N0. 20: RECORDS
All publie records prepared, owned, used or retained by the COUNTY in conjunction . with pmviding
Services under the terms of this Agreement shall be deemed C11'Y property and shall be made available to the Cll'Y upon reyuest by the CITY Manager subject to the attorney client and attomey work product
privileges set forth in statute, court rule or case law. The COUN'I'Y will nntify the CITY of any public
disclosure request uncler ebapter 42.17 RCW for copies or viewing of such records its well as the
COUNTY'S response thereto.
SFC'i'IOn° NO. 21: HEAUlNGS
• The section headings appearing in this Agreement have been inserted solcly for the purpose of
convenience and re.ady reference. In no way do they purpnrt to, iinc1 shall not be deemcd to define, limit .
or extend the seope or inteiit af the sections to which they pertain.
SECTiON N0. 22: TIME OF ESSENCE OF AGR.F,EMENT
Time is of the essenc:e of lhis Agreement and in caSe either Party fails to perform the nblibations on its
par[ to be performetl al the time fixed for the performance of the respective obligation by lhe terms of this
Agreement, the olher Party rnay, at its eleetion, hold the other Party liable for al] easls ancl clamages caused by such delay.
_ ~ .
SECi70N NO. 23: UNCONTROL~,ARI,.F CTRCiJMSTANCE5/11APOSSiB1LYTY -
A delay or interruption in or failure of performanee of all or any part nf this AgTeement resulti.ng.f.rom
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay Ar interruption in or failure of performance of all or any part of this Agreement resulcing from
any change in or new law, qrder, rule or regulation of any nature which renders providing of Services in
accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the
control of the COUNTY which render legally impossible the performance by the COUN1'Y of ics
obligations under this AtTeement, shall be deemed not a default under this Ageement.
SECTION NO. 24: FTI..TNC:
Th.is Agreement shall be filecl by the County with such offices or agencies as required by chapter 39.34
RCW.
SECTION N0. 25: EXEClT1ION AND APPROVAi.,
7"he l'ARTIES warrant that the officers executing belaw have bccn ciuly authorized to act for and on
behalf of the Farty for purposes of confirming this Agreement.
Interlpcal Agreement, pretrial Services Page 8 of 12
, s-ECT-ToN N0. 26: 11v1TLTrvFs
The PAR'1'l:ES rE;cognize that revenue reducing initiative(s) passed by the voters of NVashington may
substantially reduce ]ocal operating rE:vcnue for the CITY, COLNTY or both PAR.7TFS. The PAR`I'LES
agee that it is necessary to have Ilex.ibility to eeduce lhe contracted amount(s) in this AD ement in response
to budget conskraints resulting from the passage nf revertue reducing initiative(s). 1f such an event oceurs,
the 1'ART7ES agrce ta negotiate in good faith to achieve a mutually agreeable resalution in a timely fashion.
SECTTQN NO. 27: COMPLTANCE W1TH LAWS 'f'he Part:ies shall observe all fedcral, state and lor.a) laws, ordinances and regulations, to die extent that they
may be applicablc to the terms of this Agreement.
SECTION NO. 28: DISCLAI7ITER .
Except as othenvise pr4vided, this Agreemcnt shall not be construed in any manner that would limit
either F'arty's authority or poNvers under law.
SFCTIQN 1V0. 29: ASSURANCE
The CITY shall pay the COUI\IrI"Y the lrue and full cost of all Scrvices provided uoder this Agreement.
The intent of the Parties is that neither P3rty will subsidize tihe other and that the CITY will not subsidize
any other jurisdietion tbat is recei<<ing similar services.
1N VffTNESS WHEREOF, the PA,R'I'CES have eaused this Agreement ta he exccuted on date and
year opposite their respective signatures.
DA7'ED: BOARU ON' COUNTX COMNIISSION'ERS
OF SPOKANE COUNTY, WAS[-ILNGTON
.
TQDD MCELKE, Cbairp
ATTEST:
Gerk of'the Board
MARK RICI4A1Zll, Vic;e-Chair
Daniela Erickson F'HILLIP D. HARRIS. Commissioner
DATEl): Cl'll' 0F SPOKAivE VALLEY
ATTEST:
David Mercier, City Manager
Christine Bainbridge, City Clerk
APF'ROVED AS T(7 F017M ONI,Y:
, Office ofthe City Attomey •
Interlocal Apreement, Pretrial Services Page 9 of 12
EXHiBIT 1 RCW 10.101.020(1) pmvides that a dctcrtnination of indigency shall be made for all persons wishing the
appointment of counsel in criminal cases where the right to counsel attaches and that the Court shall
. determine wliether thc pcrson is indigent pursuant to the standards set for[h in chapter 10.101 RCW.
COLTNTY through the Office of Pretrial Services ("OPTS") will process indigency applications for CITY in
instances where the charge is for a violation of a state statute punishable as a misdemeanor or gross
misdemeanor offense committed by an adult within the jurisdiction of the CITY andlor where the charge is
for a violation of a City of Spokane Valley nrdinance punishable a.t a misdemeanor or goss misdemeanor.
Pretrial Services shall be provided in the OPTS office, Spokane County Jail, or in the courtroom at the
request of a Spokane County Taistrict Couri Judge. ln the event the PA.RTEES request Services be provided
at a location other than thosc provicled for herein, the PARTIES agce to meet and muiually negotiate any
and all increased/dcercased eosts to COUN1'Y in providing such Serviecs at such additional lacation(s).
CITY further reco&niizes Chat a change in working IACation is a chanbe in "working conditions." COUNTY
will nced to negotiate changes in working locations with affected bargaining units.
Interlocal Agreemeat, Pretrial Services Page 10 of 12
EXHEBIT 2
ComQooeot A Component B Component C Cc►mponeot D
Percentage of
Budget
1005 Pre-Trial Dedicated to Percentnge
Service Adopted Budget * 11fisdemeanor Spoksne ContrACt
Services Valley Amonot
Salary 317,774.00 103,819.42 28.37% 29,449.80
M& O 10,444.00 3,412.14 28.37% 967.90
Capital - - '
Indirect - 11,291.05
Costs •«s•
328,218.00 107,231.56 41,708.75
4
NOL@S
•Component A represents Pre-7'rial Serviccs' 2005
adopted budgeL
"The Percentage of Pre-Trial Services budget
dedicated to Misdemeanor Services is 32.67% for
salary and M & O.
**'The percentage of Pre Trial Service
Misdemeanor Cases attributable to the Spokane
Valley is 28.371/6 based upon the results of Pre-
Trial statistics (April - Dec 2004).
#•'•The Indirect (Overhead) rate of 3834% is
based on Spokane County's OMB A-87 Cost Plan
Escalated 2003 for 2005, adjustod to only include
depreciation of capital improvements acquired
after the City's official date of incorporation,
prepared by PRM Group, an independent plan
preparer.
Interlocal Agreement, Pretrial Services Page l l of 12
Spokaoe County
Pre-Trial ServiCes Workload Perceotages
Felony Felony Misdemeanor Spokaoe Valley
Misdemeanor
2004 AplicaNons * OR Cases Total Cases
April 455 539 634 1,628 187
May 454 558 638 1,650 184
Jane 419 502 492 1,413 134
July 420 512 457 1,389 143
Augnst 470 546 514 1,530 168
September 447 556 405 1,408 105
October 459 586 428 1,473 110
November 471 553 410 1,434 118
December 496 602 411 1,509 %
Total 4,091 4,954 4,389 13.434 1,245
Penentsge of Cases Attributed to Felony (app/or) and Misdemeanor (baaed on 9 months
activity )
Felony 67.33%
~ Misdemeanor 32.67% ~
100.00%
Perceotage of Misdemeanor Casea Attributed to Spokane Valley (based on 9 mooths
Activity )
Spokane
Valley 28.37%
Other 71.63%
100.00%
Note
In order to determine the percentage of Pre-Trial Service's budget applicable to Felonies and
Misdemeanors, statistics for Felony applications, Felony OR's and Misdemeanor cases will be
used.
Once a Felony application is taken Superior Court has 72 hours to file a complaint. lf a
complaint is not
filed, the case is closed. Once the case is closed Superior Court can file a complaint any
time within the next 3 years. Therefore, the use of applications, nvt cases, is more
reflective of the time and effort involved in the processing of a potential felony ease. A Felony
OR
evaluation is performed after the complaint is filed. nerefore, the OR evaluations also should
be included in
the calculation determining the percentage of Felony budget and Misdemeenor budget.
With misdemeanors every case is a filed
case.
Intcrlocal Agrccmcnt, Pretria) Scrviccs Page 12 of 12
ReYurn tn: 1)aniela Ericl:son, Clerk of the Rcaard
Board of County Conimissioners
1116 W. Broadway
Spol:anc, R'ashington 99260
INTERLOCAL AG1tEEMENT FUR YROSECUTINC AI"Y'OR~\rEY SERVTCES
[N 1"HE CTTX (7F SYOKANE VA.LLEY
(January 1, 2005 -December 31, 2005) THIS AGRFF.IVIENT, made and entered into by anci among the Spokane County Prosecufing
Ariorney, having offices for the transaction of business as 1100 WesC Mallon, Spokane Washington 99260-
0270, hereinafter referred tn tis "PROSECUT1r1G ATTORNEY," Spokane County, a political subdivisinn
of the State of Washington, having offices for the transaction of business at West 1] 16 $road,%vay Avenue,
Spokane, Washington 99260, hereinafter referred to as "COUNTY," together sometimes referred to along
' with the PROSC-CUTING ATTORNF.Y as "COUNTY," and tHe City of Spokane Valley, a municipal
corporatinn of the State of Washington, having offices for the transaction of business at the Redwoad Plaza,
11707 East Spraguc Avenue, Suite 106, Spokane Valley; Washington 99206, hereinafter referred to as
Ir ~"CITY," jpintly herei.nafter referred to as the "PARTTJ3S." I`he 1'ROSECUTING ATTORNLY, COUNTY
and CITY agrce as follows:
SLCT10N NO. 1: RECITALS ANl) FTNDINGS
(a) The Board of County Commissioners of Spokane County has the care of COU'NITY
properiy ancl ihe management of COLTNTY funds and business uncler RCW 36.32.120(6).
(b) Counties and cities may eontract with each other to perform certain funetions which each
may legally perform under chapter 3934 RCW (lnterlacal Cooperation Act).
(c) `rhe City of Spokane Valley pursuant to the provisions RCW 393 )4.180 is responsible for
d1e costs incident to (1) prosecution of miscfemeanor and gross misdemeanor offensf:s whieh are violations
of state stttt'utcs that occur within its jurisdiction and that are committed by adults, (2) traffic off'enses
commicted by juveniles pursuant. to R.CW 13.04.030(1)(e)(iii), and (3) misdemeanor or gross misdemeanor
. offenses Nvhich are a violation of City of Spokane Valley nrdinanccs and committed Uy adults.
(d) The Cily of Spokane Valley desires to utili7.e the services of the Spokane County
PROSECUT[NG ATTORNEY for the purpose of prnsecuting cascs whe.re the charge is (i) an in&accion;
and/or (ii) -a violation of a state statuce punishable as a misdemeanor or gross misdemeanor offense
committed by an adult; and/or (iii) a violation of a City of Spokane Valley zoning ordinance punishable as a
misdemeanor, all of which occur within the jurisdiction of the City of Spokane Vallcy ajid wliich are
forwarded to the PROSECUTING A17ORATEY, hereinafter referred to a..s "Prosecution S-ervices." Interloc.al Ageement, Prosccutor Page 1 of 20
SECTION iNO. 2: DEFAVI7'IONS
(a) ALeemcnt: "Agrccmcnt" mcans this Interlocal Agcement bettiveen the CITY and "
COUNTY regarding pubiic defendcr leoal scrvices.
(b) Citv: "CITY" means the Ciey of Spokane Valley.
(c) Countv: "COUN'I`Y" means Spokane County.
(d) Maintenance and Onerations: "Maintenance ancf Operations" and "M&O" shall mean (1)
those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as
prescribed by the BARS manual adopted by the State of Washington under chapter 43.$8 RCW so long as
such expenditures are directly attributable and proportionate to services rendered to CTTY under the terms
of this Agreement,
(e) ServicE:s: "Serviees" means those services identified in Exhibit 1.
(f) Compensation: "Compensation" means that methodology set forth in EYhibit 2A, 2B and
2C used to establish the amount of money which the CITY will pay the COiJNTY for providing Services.
(g) Canital lmnrovemcnt: "Capital lmprovement" shall mean imy espenditure in excess of
$1999.99 or such higher figure as set by the COU\"TY as the capitalization threshold durina the tenn of
the Agreement. The COUN`I'Y shal) give the CITY advance notice of any incrcase in t-he eapitali'r.ation
. threshold. The PARTI_ES agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an incrcase of costs to the CITY in excess of $50,000.00. Any such eapencliture will be eocled as provided for in the BARS-manual adnpted by the State of Washington -
under RCW 43.88.
(h) Uncontrollable Circumstances: "Uncontrollable Circuinstances" mcans the following
events: riots, wv-s, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic
eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect
providing of such Services.
(i) ReDoi1:: "Renort" means the Prosecutor°s recorcl manaeement svstem commonlv referrecl
to as Caseman.
(j) Prosecutine Attornev: "1'rosecuting Attorney" means that nerson appointed as a
prosscuting attorney under chaptcr 36.27 RCW and his/her deputies/assistatrts appointed under RCW
3627.040 and RCW 36.1 fi.070.
SECTION NO. 3: PiT121'OSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and
conditions under which the PROSECUTING ATTORNEY will provide Serviccs on behalf of the CITY. 1t
is the intent of the PtlR1"IES that Services to be provided by the PRQSECUT'[~1iG ATTORI,4EY will be
eonsistent with the C]'I`Y'S Council/]vlaiiager form of government providet3 for in chapter 35,4.13 RCW.
lnterlocal Agreement, Prosecutor Page 2 of 20
SFGTION NO. 4: UURATiONIWITHDI7AVVA.I.
This Agreement shall convnence on January 1, 2005, and run lhrough December 31, 2005.
Al the conclusion of the initial term, this Agreement shall automatically be renewed from year to year
thereafter effective January l' to December 315L All renewals shall be subject to all terms and conditions
set fortfi herein except for Exhibit 2A; 2B autd 2C.
T'he PARTLES recof;nize it highly unlikely that. F.xhibit 2A, 2B and 2C setting forth the estimated costs for
each year's Services will be available at the start of any renewal Cime framc. Accordingly, until new
Fxhibits 2A, 2B and 2C have been prepared and agreed to between the Pt1RTIFS, the PARTI'ES agree thaC
the COUNTY will bill the CITY and the CITY will pay the COUN7'Y at the same monihiy payment rate
used far the previous year. Up-on thc PAR'fCES agreement on new Exhibits 2A, 2$ and 2C, the CITY and
COINTY will rcconcile payments to date under the previous year's payment schedule with the ne»,
payment schedule. Any underpayment for any Services will be due in the first payment due following
reconciliation. Any overpayment for any Services will be credited to the first monthly payment due
following the reconciliatinn. The PAR.TIES agree that nn interest shall be owing by either 1'arty to the other
Party for any overpayment or underpayment deterniined as a result of the rcconciliation.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon aininimum of
180 days writtcn notice as providetl for in Section 7 to the other Party.
In die event of termination, at CI"I"Y'S option, PROSECUTING A7TORINTEY shall continue lo provide
Services to completion for dhose cases filed prior to the effective date of the termination.
SFCTION NO. 5: COST OF SERVICES AN'll YAYMENTS
The CITY shall pay tMe CQUN1'Y die actual costs for Services provided under this AgeemenL The
estimated eost for 2005 Services under this tlgreement shall he as set forth in Exhibits 2A; 2B and 2C,
attached hereto anci incorporated herein by reference.
The methodology used to arrive at fees for tnisdemeanor services in EY}tibit 2A uses fhe last si.c (6)
mnnths of Rcport numbers for 2003 and first six (6) months of Iteport numbers far 2004 and averages
them for a fwelvc (12) month time frame. The resulting nurnber is used as a basis to estimate the 2005
eost of service for misdemeanor services in Lxhibit 2A. The COUNTY CF.p shall advise che CITY
Manager as soon as possible of any anticipflted oe unanticipated capital improvemenl cpsts that xrisc
during the contract perihd. The Cily shall pay capital improvement coyts cither (1) undcr thc Cost
Alloc<ltion P11n as an indirect cost amoitized over the useful lifc of the improvement utilizing straight-
line deprecialion and incorporating the expectEd salwage value of the improvement at the end of its useful
li!'e or (2) as a direct cost in the form of a contributionn made to the Eqtiipment Rental and .Kevnlving
Fund. The CITY shall be re,sponsible only for capital improvement costs ineurred after lvlarc:h 31, 2003.
Any portion of a capital improvemeiit that was paid for or ac:quired through separate agreement or with
grant proceeds, bond proceeds; user fees; donations, or any other acquisition method that reflects a
contribution on behalf of CITY shall not be included in the depreciation schec3ule appliecl to the CITY.
Any capital improvement for which the COIJNITY seeks reimburscment from tlte CITY must be
necessary to Culfill thc requirements of this Agreement. At the end of the calendar year, using the methodology set forth in Exhibit 2A for misdemeanor services and
Fxhibit 2B for civil infraction services, die F'Aft1'IES shnll apply thc actual erpenditures atld the actual
^ Interlocal Agreement, Prasecutor 1'age 3 of 20
usage percentage, where applicable, to determine the final cost. There is no adjustment for Exhibit 2C for
Civil Department misdemeanor zonin- ordinance services in as much as they are billeti out on an hourly rate. It is the 1'AR°rIES intent that any adjustment take place as soon as possible ancl aecorciingly will use
lhei.r respective best efforts to timely prepare, disseminate and review all expenditure documentation. "Ihe
CITY will have sixty (60) calendar days from its receipt oC t.he expenditure docuinentation to provide the
COUNTY with any,,vTitten objections(s) to such documenlatinn. 1`he written objection(s) must specifically
identify the expendihue(s) in question. The COUl\'TY agees to consider al1 written objectinns received from the CITY within thirty (30) calendar days of receipt of the objections(s). In the event that the
WAR"1"1ES cannot mutually resolve any written objection(s) submitted by the CITY within the thirty (30)
calendar days time frame, or such other time frame as the PARTIES may muCually agree, the objections
shall be resolved pursuant to the Dispute Resolution provisions set forth in Saction No. 17. Pending
resolution of the objections(s), the PA,RTLES agree that t.he Cl i"Y shall pay that portion of the bill that is
undisputed.
To the extent that the CITY was over billed in any year and the Agreement is still in effcct, the COLTN°I°Y
shall credit the Cl°I'Y for such overpayenent in the nExt monthly payment owing by thc CIT'Y. Provided,
however, in the event the Agreement is terminatcd at such time that the overpayment is determined, the
COIJNrTY shall reimburse the CITY for any overpayment within thirty (30) calendar days. To the extent
that the CITY was under billed in any year and the Agreement is still in effect, the CITY shall reimburse the
COUNITY for any underpayment in the nesi monthly payment owing by the CITY. Frovided, however, in the event the Agree.ment is terminated at such time that the underpaymcnt is determined, the CITY shall
reimburse the COUNTY for any underpayment within diirty (30) calendar days. Either Farty may at its sole
option chargc interest on any overgayment or underpayment based on lost interest earning had the amount
detcrmined due been invested in the respective PART'TTCS i.nvestment pool at the end of the thiriy (30) day
ti.me frame providEd for hereinabove to the date of paymea Any resolution of a disputed amount through use of che arbitration prncess identified in Section 17 shall
i.nclude at the request of either Party, a detertnination of whether interest is appropriate, including the
amount.
The COUNTY will bill the C17`Y for the cost of serviees as outlined, monthty, by thc 15t° of the month.
Monthly payments for (1) misdemeanar se.rvices and (2) civil infraction serviaes will be calculateci by
dividino thos£ annua) costs set forih in Exhibits 2A and 2F3 by tivelve (12). Paymetits by the CITY will be
due by the 5d' day of the following month. The COUNTY, at its sole option, may charge interest on any late
payment calculated on any lost interest earning had the amount clue been investecl since the date due to the
date of payment in the COUNTY's investrnent pool.
SFCTION NO. 6: RELATED RESI'UNSIBILiTI.FS 1N CONJUNCT1qN NVITH PROVIDMC
SERVICF,S
'Che COUNTY and PROSECUIING ATTOR:NEY or their designees agree to attend staff ineetings as
requested by the C17'Y Manager.
The COUN`I'Y and I'ROSECUTING ATTORNEY or their designee agree to meet upon request by the
CITY Manager or hislher designee to discuss any Service provided under the terms of this Agreement.
1'he CITY agrees the PROSI:CUTIING AT'TORNEY may use the COUNTY'S stationery in conjunction
with providing Serviees under the terms of this Agreemcnt.
Interlocal AareE_ment, Prosecutor Page 4 of 20
_ SECTIO\' NO. 7: NOT1CE
AII nntices or other eommunications given hcreunder shall be deemed given on: (I) the day such noticcs or
other communications are received «fien sent by personal delivery; or (ii) the diird day following the day on
which the same have been mailed by first class delivery, postage prepaid addressed to dle COUNTY or the
CiTY at the address set forth below for such Party, or at such other address as either Party shall &om time-
to-ti►ne designate by notice in writing to the other Yarty:
COUN'TY: Spokane County Chief Executive Officer
or his/her authorized representat.ive
1116 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative Redwood Plaza
11707 East Sprdgue Avenue, Suite 106 .
Spokane Valley, Washington 99206
PROSECUTIIqG ATTORNEX: Spokane County Prosccuting Attorney
1100 VVest Mallon
Spokane, Washington 99260-0270
SECT10iV NO. 8: 12EPORTL1iG
Rcnorts - The PR.OST'CUTTNG ATTORNFY shall provide the CITY with reports documenting actual
usagc under this Agrcemeiit. Ttie Parties agree khat the tcrminology "reporLS clocumenting actual usage"
means that type of information provided by the PROSECUTING ATTQRNTY to the CITY in the 2004
agreement for Services. An updated report shall be submitied quarterly unless odierwise mutually agreed by
the Parties. Such repnrts shall be in a format as mutuaUy agreed to behveen the Parties. The content ancf/or
format for such reports may be changed from time-to-time by written agreement bctwccn CITY and
CUU'N`I'Y!PKOSECU'rING A'1'"1"ORNEY staff:
Records Review -°1"he CITY shall be alloNved to conduct random reviews of the recards generated by the
COUNTYlf'ROSLCUTLNG ATTORNMY in pcrformance ot' this Ag-eement. The CITY will provide the
COLTNTYlI'ROSECUTING ATTORNEY with reasonable advance notice of the reeorcls reviews. The
Parties agree that they will make best efforts to achieve a resolution of any potential records confidentiality
issues, including entering into confidentiality agreements or other similar mcchanisms that will allow
disclosure of the necessitry informatian to accurately conduct a records review. 1f the C1TY will be allowecf
tn view only those reeorcis clirectly relating to Services provided within C17'Y's coiporate boundaries, then
the COUNTY/PROSECUTING ATTORNEY musl keep a Iog of origi.nal documents used to charge the
CTTY, a»d those documents must have identifying numbers or lctters so the original source dacuments can
be easily retrieved.
SECT[ON NO. y: COIfNTE171'ARTS
ThiS .Agreement may be executed in any iiumber of counicrparfs, each of which, when so executed aiid
deliverect, shall be an original, but such counterparts shall together constitute but one and the sarne.
Interlocal Agreement, Prosecutor Page 5 of 20
SECTION NO. 10: ASSIGNMEN'T
No Party may assign in whole or part its interest in this Agreement widiout the wTitten approval of the other
PAItTY.
SECTlON NO. 11: COUiNTY EMPLOYEES
PROSIaCU'I`[\TG ATTOR.NTY shall hire, assign, retain and discipline all employees performing Servic;es
under this Agreement according to applicable collective bargaining aereemerits and applicable state and
fecleral laws.
PROSECUI'1NG ATTORNF.Y agrees to meet and confer with the CIT'Y with respect to staff that is
assigned to provicle Services. Issues of discipline or performance will be specifically handled according to
PROSECUTIATG ATTORNEY policies.
SFCTIQN N0.12: LIABlI.ITY
For the purpose of this Section; the terminoloU "COUNTY" shaU also include the "11ROSECUT]ING
ATTOftNEY.>'
(a) lyie COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and employees;
from any and all claims, actions, suits, liabiliry, loss, costs, erpenses, and damages of any nature
whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers,
agents and employees, relating to or arising out af perfornling Services pursuant to this Agreement. In the
event diat any suit based upon such claim, action, loss, or damages is brought against the CITY, the
COUNTY shall defend the sarne at its sale cost and expense; provided i.hat the CITY reserves the right to
participate in said suit if any principle of governmental or public law is imrolved; and if final judgment in
said suit be renderetl against the CITY, and its officers, agents, and employees, or jointly against the CI1"Y
and the COUNTY and their respective officers, agents, and employees, the COiJNITY shall satisfy the same. '
(b) The C11'Y shall indemnify and hold harmless the COUNTY and its officers, agents, and employees,
from any and all claicns, actions, suits, liability, 1oss, costs, expenses, and damages nf any nature
whatsoever, by any reason of or arising out of any negligent act or omission of the C1TY, its officers, agents
arid employees, relating to or arising out of performing Scrvices pursuant to this Agreement. ln the event
that a.ny suit based upon such claim, action, loss, or damages is brought against the COUN1'Y, the CITY
shall defend the sarrie at its sole cost and expense; provided I.hat the COUNTY reserves the right to
participate in saicl suit if any principle of governmental or public law is involved; and if final judgment in
s.aid suit be rendEred against the COLINTY, and its officers, agents, and employees, or jnintly against the
COUNrTY and the CI°1 Y and their respective afficers, agents, and emplayees, the CITY shall satisfy the
same.
(c) lf the comparative negli~ence of the Parcies and their officers and employees is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in nroportion to
their relative dcgree of negligence and the right of indemnity shall apply to such prnportion.
(d) Whcre an officer or employee of a Party is acting under the direction and control of the other
Party, the Party directing and controlling the officer or employee in the activity and/or nmission givinb
rise ta liability shall accept all liability for the other Party's officer or employee's negligence.
Interlocal Ageement, Prosecutor F'aee 6 of 20 `
,(e) Each Party's duty to inciemnify shall survive the termination or expiration of the Agreement.
. ,
(f) The foregAing indemnity is snecific<111y intended to constitute aNvaiver of each Party's immunity
under Washington's Industrial Tnsurance Act, chapter 51 RCVI', respecting the other party only, and only to
the extent necessary to provitle the incfemnified PartY with a full and complete incfemnity of claims made by
the indemnitor's employees. The PARTIES acknowleclge that these provisions wcre specifically negotiated
alid agreed upon by diem. (g) The COUNTY and the Cl'fY agree tn either self insure or purchase policies of insurance coverina
Z:0
the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with
$5,000,000 aggrepate limits including professianal liability and auto liability coverxges.
S.r°,CTION No. 13: t2ELATI:ONSIRIP OF THE PARTLES
7'he PARTIES intend th3t an independent cantractor relationship will be created by this Agreement. The
COUNTY/l'ROSECUTING A'ITORi\iFY shall be an independent contractar and not the agent or employee
of the CITY, that the CITY is interested only in the results to be dchicved and that the right to control the
pa.rticular manner, method and means in which the serviees-are performed is solEly within the tliscretion of
the COUNI1'Y/PROSECUTI;G t1TTOFZNEY. Any and all employees who prnvitle: Services to the C1TY
uncler this Agreement shall be deemcd employees solely of the COLIITY/PROSECUTING ATTORNEY.
The COII-Ni'1'Y sllall be solely responsible for the conduct ajid actions of all employees undcr this
Agreemcnt ancl any liability that may attach I.hereto. Likewise, no agent, employee, servant or
representative of the C11'Y shall be deeme.d to be an employc.e, agent, scrvant ar representative of the
COIJ~~TY for any purpase.
~
SFCTIONNU.14: viODCHICATIOhi
`I his Agreement may be modified in writing by mutual written agreement of the PAR'I"IF,S.
SECTION NO. 15: PRdYERTY :1N1) EQUII'MENT
The awnership oP ali property and equiprnent utilized in conjunction with providing the Services shall
remain with the original o«mer, unless otherwise specifically and mutually ~3greed to by the FAR"1'IES to
this Agreemcnt. For the purpose of this sECtion, the terminologry "owner" means that Aarty which paid
the full purchase price for the property or equipment.
SECTION N0.16: ALL WF:2ITINICS CQNTAIlV_F-1) AERL]NBINDING Eh=FFCT
"I'his Ag-eement contains tenns anct conditions agreed upon by the PARTIES. The PAR'flES agree diat
there are no other understandings, ora) or otherwise, regarding the Subject matter of this Agrecment. No
changes or additaons to dhis Agreement shall be valid or binding upon the PART[LS unless such change or
additinn is in wTiting, executed by the PARTIFS.
This Agreement shall be binding upon the PARTIES hereto, their successors anc) assigns.
~ Interlacal Agresment, Prosecutor Page 7 of 20
SECTION NO. 17: DISPUTE RFSOLUTION
Any dispute between the PARTIES which cannot be resolved between ihe PARTIES shall be subject to •
arbitration. Excepl as provided for to the contrary herein, such dispute shall first be reduced to «riting. lf
the COl1NTY CEO or PROSECUMIG ATTORNEY respectively and the CTTY Mana};er cannot resolve
the dispute it wiil be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to
any arbitration proceeding.
1'he CO[JN1'Y with regard to financial matters or PROSECU1'ING ATTORNEY fnr Service mat[ers and
the CI'1`Y shhll have the rigt►t to designate one person each to act as an arbitrator. The two selected
arbitrators shall then jointly select a third arbitriitor. The decision of the arbitration panel shall be binding
on the I'ATt'TIES and shall be subject tojudicial review as provided for in chapter 7.04 RCW. Provided, the
PA.RTI:ES agree that the PROSECUTING ATTORNTY cannot submit to arbitration any item which
concerns his charging decisions through complete clisposition of the case, including appeals to Superior
Court, Washington State Court of Appeals, or Washinaton State Supreme Court_
The costs of the arbitration panel shall be equally split between the PARTIES.
SECT70N N0.18: VENUE STXPUi.ATION
This Agreement has been and shall be construed as having been made and delivered within the State of
Washington and it is mutually underslood 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 campetent jurisdiction within Spokane County, Washington. SECTIOT` NO. 19: SEVFRABIL;ITY
The PA.RTIES agee that if any parts, terms or provisions of this Agreement are held by the courts to be
illegal, thc validity of the remaining porlions or provisions shall not be affected and the rig}hts and
obligations of the PAR"1"fES shall not be affected in regard to the remainder of the Ageeement. If it should
appear that any part tcrm or provision of this Ageement is in conf•licl with vty statutory prnvision of the
State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inopcrative vicl null and void insofar as it may be in conflict therewith and this Agreement shall be deemed
to modify to conform to such statutAry provision. .
SECTION NO. 20: RF-COR.DS
All public records prepared, owned, used or retained by the COUNTY/PROSFCUT[NG A°I"Y'ORNEY in
conjunction with providing Services under the terms of dhis Agreement shall be deemed CITY property and
shall be made available to the CI'f°Y upan request by the CITY Manager subject to the attorncy client and
attonley work product privileges set forth in statute, cour[ rule or case law. The
COUNITYIPROSI:CUT[NG ATTORNT?Y will notify the C1TY of any publie disclosure request uncfer
ehapter 42.17 RCVJ for copies or viewing of such rec;orcls as well as the COUNTY'SIPROSECU'I1NG
A'rTORNrY'S response thereto.
Interlocal Agreement, Proseculor Page 8 of 20
~
~ SFCTIorr No. zi: rMADnNGS
'1"he section headings appearing in tHis Agreemeiit have been inscrtf-d solely fqr tlle purpose of
coiivenience and ready refuen ce_ !n no wxy do thcy purport to, and sh all not be deemecf to dcfine, li m i t
or extend the scop(~ or intent of the sections to vrhioh they pertain.
SEcT101v NO. 22: TIAW, Or+ EssE1vCE OF AGREENW.rrT 1'ime is oi' lhe csseiyce of this Agreement and in case either Party fails to perform ihc obli¢atians an i#s
part to be perl'ormed at the time fixed for Lhe perform ance af the resp eci'ive obligation by thc terms af this
Agreement~ the other Party may, at its election. hold t}3e other Party liable for all costs and damages
c:tiosed by such delay.
SECTiON lVO. 23: TJNCOP1TROLLABLE C1RCCTh'YSTANCESlE4'~PQSSTBIFLiTI'
A delay or interruption in or failute of per-formance of all or any part of this Agreement te~sulting from
CJncontrollabtic Circumstances shall be tCeemed not a default under #his Ageement,
A delay or interrupt3on in or failure of performance of a!l or any part of this Agreement resulting from
an}' change in or new law, order, rule or eegulation of any nature Nvhich renders provkdinc, of Services in
accordance with the terms af this Agreeinent legally impossible; ancl any other circumstancc~s beyond the
control of the CQL1NTY11'ROSECUTING Ali'TOR3,41EY which render legally impossiblc ihc
perfbrrnxnce b}' the CQ11N'fYlPROSECUTINC"i A'T'TORNEI' of its obligations under #his Agreement,
shakl be deemed not a def$u1t under th is Agreement. .~I
SECTIO1V NO. 24: r'rLrIVG .
°1"his Agreement shafl be filed by the COLTNTY with such o#fices or agencies as required by chxpler
39.341tCW.
SECTION 1VO. 25: EXEC'LITION ANT APPROVAIs
The FARTI~S warrsnt tha~ thc~ officers execoting belaw have been duly auihori-r_.ed lo acl far and on
behalf of the PartY for purp oses of confirming th is Agreement_ i~
SECTION NO. 26- "17ATTVES I
The F.4RT1ES recognix.e that rcvenue E"edLlGlllg [ni#iative(s) prused by the voters of Washington inay
subsfantia!]y rcducc loca] operating eevenue for the CJ.7'Y, COUNTY or both PARTIES. The PAIt1'LE,~
~~ree that it is necessary ta have flexibility ta reduce [hc contracte.d amount(s) in this Agreement in response
lo budgct coiystraints resulting from Che Qassage of rcvenne reducing initiative(s)_ lf such arr event occtGrs,
Lhc PATtTIES. €tgree to riegatialc i.n good faith tq ach ieve a iiiutually agreeabfe resol tGtian in a t3mely fa shion.
s~~~ON rro, 27. COMPLrAvCE wrsx LAWS
The Partics shall observe a11 federal, statt zi nd local laws, ordinances s»6 r-egu lations, to #he extent tliat they
may he applicable to the terms of t1iis Agreement, _
~
~
~ lnterlocal Agreerneiit, Prosccutnr Page 9 of2Q
_SECTION NO. 25: DISCLA1ME.R '
Except as otherwise pravided, this Agreemcnt shall not be construed in any rnanner that would IirrfiC
either Party's a ulhority or powers under I aw,
SECTIO1V NO. 29: ASSU.R.ANCE
Tfte CITY sha11 pay the CpUFNTY the true dnd fu]C cost of all Services provided under fiJtis Agreement.
The intent af the Parties i9 that neither Party wil] subsidize the other and that the CITY wi33 not subsidize
any other jurisdiction that is recciving similar services_ .
IN WITNESS WI3EREOFr T}!~.' PARTIES 11$Ve C3L~5ed ChIS AgeeI]7$Ilt t0 k}e C?CPC.l1I)~,d OIl
dtite and year opposite their re~pective signaEUres.
DATEY}; ~ BOA.Rl7 OF COLFN'r1"Y COM.IMISSIONERS
OF SPOIKANE C OUN TY, W,4SHINGTON
TDDI] MlELKE, Chair
ATTEST; -
Clerk of the Baard ~M ARIC RICH.,4RD, VicemChair
DanieEa Ericksan PHILL.IP D. HARh7S, Coininissioner
YIATED: SPOKANE COUN TY PROSECUI"1N G AT"TpRNFY
BY:
I Its;
- {Tktle} i
DATED: C ITY pF SPOKANE VALLEY
A1"I`F-ST: .
David Mercier, CityMa.nagu
Christine BainbrEdge, Cify Clerk
APPROVED AS TO FORM ONLI'- .
Ofice of the City Attorney
i
intcrlocal Agreernent, Peosecutor Pagc 10 of20
~ _
EXIMI'I' 1
1 For the purpose of this Agreemenc, PR.OSrCUTING A1TOlZNEY Services shall include proseeuliqn of
violations of state stdtutes that are punishable as misderneaiior or gross misdemcanor offenses dlat occur
within CITY'S jurisdiction and that are committed by adults F►s well as any appeals to Superior Court,
Wa,.shington State Court of Appeal, or Washington State Supreme Court. PROSECUTI.NG ATTORNEY
retains sole prosecutorial discretion in conjunetion with providing Serviees under the tenns of this
Agreerneiit from charging decisions through complete disposition of the case, including appeals to Superior
Cour[, Washington State Court of Appeals, or Washington State Supreme Cauri. Provided, however, CITY
may tal:e over prosecuCion of any misdemeanor case upon written notificatinn eo PROSE-CUTI'NIG
ATTORNEY. For the purpose of this paragaph, misdemeanors shall include criminal violations of CITY
animal control ordinances.
P.ROSECU'I TNIG ATTO.R114I:Y agrees to represent CITY in contested traffiic infractiotis.
PROS6CU'1'ING ATTORNEY also agrees, when requested by C1TY, to represcnt CITY with respect tn
criminal violatinns of its 7,oning ordinances at the hourly rate set fnrth in Exhibits 2A, 2B and 2C.
PROVTDED, such representation shall not includc challenges to the constitutionality of any zoning
ordinance. The CITY shall retain respansibility for defending any constitutional challenge to any zoning •
ordinance or other CITY ordinance which may be involved in providino Services.
CITY agrecs to take appropriate action to ensure police officers and CITY staff are available at no cost to
1'ROSECUTING A`l-l'ORNEY for all trials or judicial pmceeclings where PROSE,CU1'WG ATT'ORi1EY
determines their presence is necessary.
All misdemeanor, g-oss misdemcanor, and zoning serviees to be pmvided by PROSECUTWG ~ A 1'TORNEY in courts under the terms of this Agreement shall be provided in courts located within the
Spokane Count), Courthouse CompleY.
All trafFic infraction sen=ices to be provideti by PROSECUTIIVG ATTORi\jEY under die terms of this
Agreement shall be provided in either courls located widiin the Spokane County Courthouse Complex or
courtraom(s) in the Spokane Valley precinct. In the event CITY requests such court serviees be provided at
a loeation other than that provicleci for herein, the PAR'TIES agrce to meet and mutually negotiate
-~lnterlocal Agreement, Prosecuror Page 1 I of 20
EXFIIBIT 2A
Misdemeanor Services ` Component A ~ Cnmponent B Componcot C
Prosecutc►r Budget I`
Allocable Percentage
to Misdemcannr
Services * Spokane Vallcy Contract Amount
SaIAry ' 870;965 27.60% 240,429.71
M&O 65,653 27.60% 18,123.45
Capital -
Indirect Cost 61,142 27.60% 16,878.17
997,760 275,431.33
Component .A represents the amount of Prosecutor budget attributec) to Misdemeanor Services.
See Niis<lemcanor Attachment A for methodology allocating Prosecutor budget to Misdeme_anor.
The gercentage of Misdemeanor Scrvices attributable to the City of Spokane Vallcy is 27.1$%.
. See Misciemeanor Ariachment B for misdemeanor statistics.
The Indirect (Overhead) rate of 7.02% is applied to salaries only. The indircct rate is based
on Spokane County's OMB A-87 Cost Flan Escalated 2003 for 2005, adjusted to only include
depreciation of capital improvemenis acquired after the City's ofFicial date of incorporation,
prepared by PR.M Group, an independent plan preparer.
Tnterlocal Agreement, Prosecutor Page 12 of 20
FXHIBIT 2A
Misdcmeanor Services
Cotanty Supported Attorneys: Criminal 39 _
Civil 5
GranUOther Sup}wrted Attorneys: Criminal 12.8
Civil Commibnent I
Civil Family L,aw 11
Grand Total all
att4rneys 68.8
Misdemeanor Sal & i3en NTE Aclj SalaryDavis 56,822 1.00 56,822
IZasmussen 66;587 1.00 66,587
k;o 58,533 1.00 58,533
Hughes 58,533 1.00 58,533
Cordts 58,533 1.00 58,533
Utgaard . 62,823 1.00 62,823
Grigaliunas 60,604 O.fiO 36,362
Obrien-Superv 95,137 0.94 89,701 ,
517,572 7.54 487,894 487;894
Support ,
Wilbur 31,293 1.00 31,293
Latus 43,662 1.00 43,662
I..efkowski 37,754 1.00 37,754
vteyers 39,742 1.00 39;742
Misterek 34,7$0 1.00 34,750
Nicholson 28,577 1.00 28,577
13urgner 38,746 0.80 30,997
Ornee 36,682 1.00 36,682
Ramey 38,694 1.00 38,694
Hansen.R 44,187 0.41 18,039
374,087 9.21 340,190 340,190
Chief Criminal Deputy - allocation ratio Misd FTF / Total Criminal FTE
Driscoll 109,913 1.00 109,913 0.146 16,005
County Prosecutor - ull«catiou "flat" $5,000 plus henet7ts Tucker-Salary 105,972 5,000 5,000
?ucker-Bcnefits 14,82$ 5,000 0.140700
120,800
Admin Staff - allocation ratin Misd FTE / Total Attorne,y FTE
Bowman 59,747 1.00 59,747
K.urbitz 62,898 1.00 62,898
Lundquist 46,290 0.80 37,032
Renner ' 33,483 1.00 33,483
. ` 202,418 3.80 193,160 0.110
lnterlocal Agreement, Prosecutor Page 13 of 20
21,177
Subtota]
Salary 870,965 - Inairec;t rttte 7.02% on total salary and benefit 0.070 61,142
*M & O- allocation ratio Misd FTE / County Criminal+Civi1 F"fE
382,975 0.17165,653
Misdemeanor Budget 997,760
Interlocal Agreement, Prosecutor Pdcre 14 of 20 ~
, k.XN,TBIT 2A
: Misdcmcanor Scrvices
2003 2004
12
July Aug Sept Oct Nov Dcc JAn reb iMarch Apr Mav Janc A7onths
Spokanc Valley
Cases 287 239 222 258 197 248 275 226 338 292 270 192 3,044
(exc valley WSF
cases)
All CounCy ca..ses 903 878 1038 933 755 1155 841 882 1096 941 895 705 11,027
(ineluding VdSP
eases)
. Valley % of all 27.2
cascs 31.78 2 2139 27.51 26.09 21.47 32.70 25.62 30.84 31.03 30.17 27.23 27.60% ,
- Total cases including WSP must he used a.s base total numhr.r ofcases in
determining perce»tage served.
- [nterlocal Agreement, Prosecutor Page 15 vf 20
EXHWIT 2B . .
Infraction Services
Infraction Contract *
Salary 24,042.83
M & O 687.99
Capital -
Indirect Costs 1,687.81
26,418.63
Notes
* The Prosecutor's Office changed the methodology uscd to ealculate the contract
for Infraction Services. See Infraction Attachment C.
**The Indirect rate of 7.02% is applied to salaries only. 1`he indirect
rate is based on Spokane County's QM.A A-87 Cost Plan Escalated 2003
far 2005, adjusted to only include depreciation of capital improvements
acquircd af[er the City's offieial date of incorporation, prepaeed -
by PRM Group, an i.ndependent plan preparer. . ~
Interlocal Agreement, Prosecutor Page 16 of 20
EaMB.rT Zs
' Infraction Scrvices
Spc,kane Valley Infraction l)eputV
Deputy Average Annual Salar_y& Benefit (Cordts &
GriDaliunas) 59,568.50
Divide by Wours Worked ner Year 1,950
Equal Deputy Cost pcr I-lour 30.55
Deputy Timc Spent at Spokane Valley:
Days per week 1.5
v1ulCipJy by hours per day 7.5
Equals hours per week 11.25
lVlultiply by weeks per year 52
Equals hours per year 585
Deputy Total Cnst to Spokane Vallcy 17,870.55
Spokane County Infraction Department
Infraction Hours per VVeek
Vdallc-in I.nfractions (3:30 to S:OQ) 7.5
Discovery S
Motions/ Appeals 3
Infraction Hours per Week 15.5
yfultipl}, by Spol:ijne Valley Percentage of
Infractions 19.76"/0 1
Equals Spokane Valley Hours per Week 3.06
Multiply by Wceks per Ye_ar 52
Multiply by L7epuly Cost per Mour 30.55
Spokane County Tnfraetion Cost to Spokane
VaIley 4,$65.44
Supervisor ,
Supervisor (OBrien) Annual Salary and.I3enefit 95,137.00
Supervises .4 Infraction Deputy out of 7
Misdemeanor Deputies 0.06
Equal Cost of Infraction Supervision 5,436.40
Multiply by Spokane Valley Percentage of
tnfractions 19.76% 1
Supervisnr Cost to Spok:►ne Valle,y 1,074.28
.Admioistration
Administration Annual Salary and Benefl 202;418
ndministers .4 Infraction Deputy out of 68.8 1'otal
Deputies 0.01
Equal Cost of infraction Administration
1
tnterlocal Agreement, Prosecutor Page 17 of 20
!,l 76.&5
Multiply by Spokane Valley Percentagc of
- Infractions 19.76% 1 Administration Cnst to Spokane Valley 232.56 Subtotal Sslary and
Bcnefits 24,042.83
Indirect rate 7.02% (applied to salary and
benefits only) 1,687.81
vlaintenance and Operations
Total M R O T3udget 382,975.00
M&O .4 Infraction Taeputy out of 44 Civil and
Criminal Deputies 0.01
Equal Cost of lnfraction M&O 3,481.59
Multiply hy Spokane Valley Percentagc of
Infeactions 19.76% 1
Maintcnancc Cost to Spokane Vallcy 687.99
TOTAL COST Ok'
INFRACTTON
CONTRACT 26,41.8.63
District Court statistics last six months of 2003 first six months of 2004, see lnfraction Attachment D.
Spokane Counry employees work 7.5 hrs/dy, 5 dys/wk, 52 wks/yr- 1,950 hrslyr-Administrative costs
including vI&O provided Spokane Valley . .
Interlocal Agrecment; Prosecutor F'agc 18 of 20
EIi:LiBiT 2B
Infraction Serviccs
llistrict Court Case StatisHcs*
Offensc Cateaory Spokane Valley Spnkane Counh' Spolcane VaIIey %
1.nfractions 11,799 59,709 0.1976
DV - Misdemeanor 400 927 0.4315
DUI 178 2;793 0.0637
Criminal 'fraffic (less DUI) 1,661 5,443 0.3052
Criminal NT (less misd 769 2.776 0.2770
- DV) Subtotal 14,807 71,648
* Statistics from last six months of 2003 and first six months of 2004
~
;
lnterlacal A;reement; Prosecutor Fagc 19 of 20
~~BIT 2C i
4 '
ZOliltl~ serVIC$3
1}I C`efit
Lahor IM&O Cost
1005 Adopted Cost per Yndircct 1'er Per
Position Costs Budgc# Hour Per Aour I3uur I3our
SeniorAttorney-1Cinrti 1 94,141.00 48.28 3,39 4.46 56.13
f'aralegal-Manson 1 41,092.00 21.07 1,48 - 22,55
2 135,233,00 69_35 4.87 4.45 78.68
Indirect J.ndirec:UHo
Todirect Costs DirectlHour 1Zate ur
S enior Attaraey 48.28 0_0702 3,389076
Paralegal 21.07 0.0702 1,479312
N ote= Fta#e based nn €ndircct costs per A-$7 T'1an of 7.02%
x. -
iMaintcnaoce & Operation Cpsts .
2005 Adopted M 0 382,975_00
.
Divided by crim civi] att}rs
supported 44.00 ,
Equals Mf0 per atty 8,703.98
Divided by hours worked per
year 1950
Equals MlO holi ely ra#e 4.46
AnnualHours
Annual Rours V4FOrked 1950
Note; S pokane County employe.es work 7.5 hours per cfay, 37.5 ho urs per week, $nd 1,95 0 haurs
annually.
Sp nkaiye Valle~ does not use an entire deputy or paralegal with respeci' to the C ivi! Deparlmenl, th erefare
an hourly rat~ is c:onsistent with ihe Counfy recovcring aci'ual costs for C ivi1 infraclions.
~
Jnterloca l Ageaman#, Prosecutor Pagc 20 of 20
Return to: Daniela Erickson, Clerk of the Board
' Board of County Commissianers
lllC W. Broudway
Spol:ane, Washingtoo 99260
INTERLOCAL AGREEVIENT FOR PUBLIC DEFENDElt SERVICES
LN TI-IE CITY OF SPUKANE VALLEY
(January 1, 2005 -Dcccmber 31, 2005)
T.ELIS AGRFFINT.FNT, inade and cntered into by and amoiig the Spokane County Publie
Defender, having offices for the transaction of business as 1033 West Gardner, Gardner Couri BuildinQ,
Spokane VVashington 99264-0280, hereinaftee referred to as "PUBLIC DEFENiaER," Spokane Cnunty,
having offices for the traiisaction of business at West ] l!6 Braadway Avenue, Spokane, Wa,shington 99260,
hereinafter referred to as "IIOAR,D," togcther sometirrie.s referred to alang with the PU13I.TC DF.FT'Nf)ER
as "COUNTY," and the City of Spokane VaUey, a municipttl corporation of Lhe State of Washingtnn,
having offees for the lransaction of business at thc R.edwood Plar,a, 11707 Frasl Sprigue Avenue, Suite 106,
Spokane Valley, Washin~ton 99206, hcreinaftcr referred to a.s "CTTY," jointly hereinafter referred to as the
"PAR'1'IES." The PUBLIC DEPENDER., COUNTY and CITY agre.e as follows:
SECTION NO. 1: IZECITALS ANI) Fli\`'ll1NGS
(a) The 13oard of County Commissioners of Spokane County has die care of COUNTY
property and the management of COiJNTY funds and business under RCW 36.32.120(6).
(b) C4unties and cities ma}r contract with each other to perforni certain functions which each
may legally perform under chapter 39.34 RCW (.I.nterloca) Cooperation Act).
(c) The Ci .ty of Spokane Valley pursuant: t.o the provisions RCW 3 )9.34.180 is responsible for
the costs ineident to (1) prosocution of misdemeanor and gross misdemeanor offenses which arE: violations
of state statutes that occur within its jurisdiction and that are committed by adults, (2) traffic offenses
committed by juveniles pursuant to RC\V 13.04.030(1)(e)(iii), and (3) miscfemeanor or goss rnisdemeanor
offenses which are a violation of City of Spokane Valley Ardinances and commilted by attults.
(d) The City of Spokane Valley desires co utilize the services of Spokane County f'ublic
Defcnder for thc purpose of (1) representing iridigents where the initial charge is a State misdcmcanor or
gt'oss misdemeanor offense committed by an adult itnd occurring within the City of Spokane Valley, (2)
representins juvenilcs for traffic offenses pursuant ta RCW
~I lntcrlocal Agrcement, Public C7efender Pdge 1 of 12
13,04.030(1 )(e)(iii) occuering with in the C iky of Spokane Valley; and (3) representing in digents where the
initial uharge is aCITY inisdemeanor or gross misdemeanor occurring within the City of Spokane Valley
ancl re&rred ta the Spokane Cau nty FuhGc Defendcr,
SECTION NO. 2: Y]EFY1V'1T1ON5
' (n) Agreemen#: "Agreement" means this Interlocal .4grc=eut betweem the CIT'Y and
COUNTY regarding public defender lcga] services.
(b) Cifv. "CITY" mcan~ the C:ity of Spokane Val ley, (fi) CL+LLIlLy. iiCDLTN1"Y" means 5pokanc Count}'• .
(d) Maintenance and Onerations- Waintenancc and Operations" and "M&,D°" shall mean )
I
those clais codes {3000-5999 and 7000-9999} used by Spokdne County in it,s budgetxry process as
prescribad by the. BAR-S manual adopted by the State of Washington under chaptcr 43.88 kC W so Eong as
such expenditures are duoctly xttributable and proportionate i+o services rendercd to CITY under the terms
of this Agrcl~nnent.
(e) Servtces; "S ervices" means those sotvices idenCified in Exhibit
Comaensation: "Cotnpensation" means that methodology set farth in Ex.lyibit 2 useci to
estab] ish tMe amount of money which the ~ITY will pay the COUt-41TY fnr providing Services_
(g) Canital Lmnrnveincnt; "Capital Improvefnent" shall mean any- expenditurc in excess of F-.
S 1999,99 or such h i gher fi gurc as sel by the COUNTY as thc capitalizaxion tlireshold during lhe term of
#he Agreenient_ The COCfN7Y shxl] give the CiTY a.dvance notice of any increase in the cxxpzta3iaatkon
theeshotd_ The PARTJ_ES agTee to meet and discuss the impacts a#` any change in lhe capitalization
threshold which will cause an increase of costs to the CiTY in excess of $50,000,00_ Any suoh
expenditure will be coded as providcd for in the BARS-nianua[ adopted by #he State of VJashinglon
under RCW 43.8$.
(h) Uncontrollable Circumstances: "Uncon#rollable Circumstances" means the following
events= rints, wars, civi] disturbances, Ill$LL]TeCt3ORSr acts of terrarism, externa] #ires and floods, volcanic
cruptions, lightning or earAi quakes at or nedr where the S ervices are perforrned andlor that directly atr'ect
~ providing of such Services,
{i) ReDorl': "Renort" means the PubGc Dei'ender's record manamment svs#em cnmrrLonlv !
ri--ferred lo as PDman, {j) Public Defender: "Public De#'endcr" means that person appoin#ed as public defender under ~
chagter 36.26 1tC W and h isfhem assistani(s). .
SFC:R0N N0. 3; PLTRPDSE
Thc purposc of this Ageement is to reduce to writing the PARTIES° Linder5tand]r]~ as lo the teems and
condi#.ions under whtch ihe f'1_T13LIC DErENDER wiEl provide Services on bchalf o!' the CTTY. It is the
Jnterlor,a] Ageement, Public Defendcr Pagc 2 0f 12
- intent af the PARTIES that Serviees to be provided by the PUBLIC T.7EFEATDCR will be consistent with the
CTTY'S CounciUManager form of govenunent provided for in chapter 35A.13 RCW.
.
SEC 1"IO\T NO. 4: DURATION/'WITHDRA`VAI,
1"his Agreement shall commence on January 1, 2005, and run throuah laccember 31, 2005.
At the conclusion of die initial term, this Agreement shall automatically be rencwed from year to year
thereaRer effecCive January 1' to Dccember 3151' All renewals shall bc subject to all ternis and conditions
set forth herein except fnr Exhibit 2.
The PAKI'lES recogiiize it highly unlikely that rxhibit 2 setting forth Ct►e estimated costs for each year's
Services will be available at the start of any renewal time frame. Accnrdingly, until a ncw Exhibit 2 has
becn prepared and agrced to behveen the PARTIES, the PARTIES agree that the COLJNTY will bill the
CITY and the CITY will pay the COUN1'Y at the same mondily payment rate used CUr the prcvious year.
Upon the 1'AWRFS agreement on a new Exhibit 2, tMe CITY wId COUN`1'Y will reconeile. payments to date
under the previous year's payinent schedule with the new payment schedulc. Ariy underpayment for any
Services will be due in the first payment due fqllowing reconciliation. Any overpayment for any Services
will be crecfitcd to the first monthly paymcnt due following the reconciliation. Thc PART[ES agree that no
interest sha!] be owing by either Party to the other Party for any overpayment or underpayment determinecl as a result of the reconciJiation.
,4ny Party may withdravv at any time from this Agrecment for any reason whatsoever upon a minimum of
180 days NvTitten natice as provided for in SF;ctian 7 to the other Paity.
1n the event of termination, at CI'I'Y's option, PUBLiC T)rrENDER shall continue tn provicle Services to
r,omplction for those cases filcd prior to the effective date of thc terrnination.
SECTTON NO. 5: COST OF SERViCES As\D 1'AYNIE\'TS
The CITY shall pay the COUN`1"Y the actual costs for Services providecl under this Agreement. 1'he
estimated cosl for 2005 Services under this tlgreement shall be as set forth in Exhibit 2, attached hereto
and incorporatecl herei►i by reference.
This methodolagy uses the last six (6) months oi' Report numbers for 2003 and firsl six (6) months of
Report numbers for 2004 and averages them for a rivelve (12) month time frame. Thc resulting number
is used as a basis to estimate the 2005 cost of Sen+ices. 1'he COLTNTl' CEO shall advise the CITY
Maniiger as soon as possible o1' any anticipated or unanticipated capital improvement costs that arise
auring the contract period. The City shall pay capital improvement costs either (1) under the Cust.
Allacation 1'lan as ari indirect cost amortized ovcr the useful life of the imprnvement utilizing straight-
line depreciation and incorporating lhe e:cpected salvage value of the improvement at lhe end of its useful
life or (2) as a direct cost in the form of a contribution made to the Eauipmenk Rental and Revolving
rund. 1'he CITY shaU be responsible only for capital improvement costs incurrcd after March 31, 2003.
Any portion of a capital improvement that was paid for or acquired through separate a&qeement or with
grant proceeds, bond proceeds, user fees, donations, or any other acquisition method that retlects a
contribution on behalf of CI"I'Y shall not be included in the depreeiation schedule applicd to the CI1'Y.
rlny capital imprdvement for which the COUNITY sceks reimbursement from the CITY must be
necessary t.o fulfill the requirements of this Agreement.
~ Interlocal Agreement, Plublic Defender Page 3 of 12
At the end of the calendar year, using the rnethodology set forth in Exhibit 2, the PARTIES shall apply the
actual expendittires and the actual usagc percentage to determine the findl cost. It is the Pr1RT]ES intent ,
thal any adjustment tal:e place as soon as possible and accordingly will use their respective best effoets to timely preparc, disseminate and review all expenditure documcntation. T'he CITY wili have sixty (60)
calendar days from its receipt of the expendicurc documentation to provide the COUNTY with any w•ritten
objections(s) to such doc;umentation. The «,ritten objecrion(s) must specifically identify the expenditure(s)
in question. The COIJNTY agrees to cansider all written objections received from the CITY within thirty
(30) calendar days of receipt of the objections(s). !n the event that the 1'AR1'IES cannot mutually resolve
any written objeetion(s) submitted by the Cl`I'Y within the thirty (30) calcndar days time frame, or such
other time framc as the I'ARTIES may mutually agree, dhe objections shall be resolved pursuant to the
Dispute Resolution provisions set fordi in Section N'o. 17. Pending resolution of the objections(s), the
PARTIES agree that the CITY shall pay that portion of the bill that is undisputed.
To the eYtent that the CITY was over billed in any year and the Ageemcnt is still in effect, the COi.1NTY
shall credit the CITY for such overpayment in the next monthly payment owning by the CITY. Provided,
ho,,vever, in the event the Agreement is terminated at such time.that the overpayment is determined, the
COUIVTY shall reimburse die CITY for any overpayment within thirty (30) calendar days. To the extent
that the CITY was under biUed in any year and the Ageement is still in effect, che CITY shall reimburse the
COUN TY for any under payment in t}ie nea-t monthly payment owing by the CITY. Provided, howevcr, in
the event the Agreement is terrninated at such time that the underpa}nnent is determined, the CITY shall
reimburse the COUNTY for any underpayment within thirty (30) calendar days. Either Party may al iLs sole
option charge interest on any overpayment or underpayment based on lost interest earning had the amount
dctennined due been invested i.n thc respective FARTIES investment pool at the end of the thirty (30) day
time fratne prnvided for hereinabove to the date of payment.
Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall , include at the request of either Party, a determination of whrthcr interest is appropriate, including the
amount. Thc COUN7`Y wi(I bill the CITY for the cost of services as outlined, monthly, by the IS`~ of the month.
Monthty paynnents wi11 be calculated by dividing those annual eosts set forth herein above by rivelve (12).
Aayments by the CITY will be due b}r the 5t° day of the following month. The COUNTY, at its sole option,
may charge interest an any late payment calculatcd on any lost interest eaming had the amoulu due been
invested since the date due to the date of pavment in the COUNI"I`Y's investmeni pool.
,SFCTION iNp. b: RELATEI) RFSFpNSIBLC,I"TIE-S TN CONJUNCtION `VITFI PROVI7:)ING
SERVICES
The COUiN'lY and PUBLiC DEFENDER or their designee agree to attend staff meetings as requested by
the Cl'CY Manager.
The COiIN`]`Y and PUBId[C DEFENDER. Ar their designees agree to meet upon rcquest by the CITY
Manager or hisJher designee to discuss aily Serviee provided under the terms of this Agreement.
The C.17'Y agrees the PUE3LIC DEFENDER may use the COUN7'Y'S statianery in conjunction with
providing Services under the tenns of this Agreement.
Interlocal Agreement, Public Defender Page 4 of 12 -
SECCION N0. 7: NOTICE
All notices or other corrununications'givcn hereunder shall be decmed given on: (1) the day such notices or
otlier communicritions are receivetl when sent by personal delivery; or (ii) the third day following Che da}' on
which the same have been mailed by frst class delio•ery, postace prepaid addressed to the COUN"IY or the
CITY at the address set forth below for such Pariy, or at sueh other address as eiiher Party shall from timc-
ttrtime desitmate by notice in Nriting to the other Party:
COUNTY: Spokane County Chief F-xecutive Ofi~icer
or his/her authorized representative
1116 West Broadway Avenue
Spokane, Wasliinti*ton 99260
Cl'TY: City of Spnkane Valley CiCy vianager
or hisltier authorized representative
Rcdwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
PUBLIC llFFE1~~DER: Spokane County Public Defender
I033 W. Gardner,
Spokanc, Washington 99260-0280
SEC.T.lOh` NO. 8: IYEPORTING
Renorts - The PUBLIC DEFENDER shall provide the CITY with reports documenting actual usage under
this Agreement. The 1'arties aQree that the tcrminology "reporis documenting actua1 usage" ►neans that type
of infonnatiAn providecl by the PU13L,IC I7FFENDER Co ttle CITY in the 2004 agrecment for Services. An
updated report shall be submitted quarteriy unless otherwise munially ageed by che Pazties. Such reports
shall be in a format as mutually agreed to between the Parties. The content and/or format for such reparts
may be changcd from time-to-time by written agreemcnt betw•een CI TY and COLNTY/l'U13L.IC
L7EI=ENDER staff.
Records Review - The CITY shall be al(owed to conduct random reviews of the records generated by the
COU'NrTY/PUB[.IC DEFENDE[Z in perfornlance of this Agrecment. The CITY will provide die
COUNTY/PU$LIC DEFENDER with rcasonnble advance notice of the records reviews. The Parties agree
that they will make best eFforts to achieve a resolution of any potential records confidentiality issues,
inc(udino entering into confidenlialiiy agreements or other similar mechanisms that will allow.disclosure of
the necessuy infarmation to aecuratEly conduct a records review. lf the C1TY will bc allowcd to view only
those records ciirectly relacing ta Services provided within CJTY's eorporate boundaries, then the
COUN'1'Y/PLTBLIC TaLFENDER. must keep a log of original documents used to charge Ihe C1TY, and those
cfocuments must have identifying numbers or letters so the original source dacuments c.an be easily
retrieved.
SFCTIOiN N(). 9: COUN 1'ERI'ARTS
This ,agrecmenC may be Executed in any number of counterpitrfs, eaeh of which, when so executed and
~ clelivered, shall be an original, but such counterparts shall together canstitute but one ancl the samc.
Interlacal Agreement, Public Defcnder Aage 5 or 12
SECTION NO. 10: ASSIGNME\"T
Ain Party may assign in wholc or part its interest in this Agrcement without the written approval of the other
PARTY.
SECTiON NO. 11: COTJNTY EMI'LOYEES
PUBL1C DT'FENUER shall hire, assigrz, retain and discipline all employees performing Services under this
Agreement accarding to applicable collective bargaining agreements and applicable state and federal laws.
FUBLIC DEFENDER agrees to meet and confer with the CITY with respect to staff that is assigned to
provide Serviccs. Issues of discipline or performance will be spccifically handled according to PLJf,iLlC
DEFENIDER/COi.JNTY policies.
SFMON NO. 12: LT4BILITY •
For the purpose of this Section, tiie ternlinolog,ry "COiJidTlY" shall also include the "PUBI.IC
I7EFENDCR."
(a) The COUNITY shall indemni€yand hold hannless the CI`I'Y and its officers, agents, and employees,
from any and all claims, actions, suits, liability, loss, costs, expenses, ancl damapcs of any nature
whatsoever, by any reasnn of or arising out of any ncgligent nct or omission of the COUNTY, its officers,
agcnts aj1d employces, relating to or arising out of perforrning Services pursuant to this Agreement. In the
evcnt that any suit bascd upon such claim, aclion, loss, or damages is brought against the CITY, the
COU1dTY shall defcnd the sama at its sole cosl and expense; provided that the CITY resen+es the riglit to
participate in said suit if ariy principle of governmcntal or public law is involved; and if final judgnent in
said suit be rendered against dhe C17°Y; and its officcrs, agents, and employees, or jointly against the C1TY
and the COUN`I`Y a.ncf their respective officers; agents, and employees, the COL7\Tf'Y shall satisfy the same.
(b) The CITY shall incfemnify and hold harmless the COtJNTY and its officers, agents, and employees,
frnm any and all c(aims, actions, suits, liability, loss, costs, expenses, and damages of any nature
whatsoever, by any reason of or arising out of any negligent acC or omissian of dle CITY, its officers, agents
and employees, relating to or arising out of performing Services pursuant to this Agreement. ln the eveni
that any suit based upon such claim, action, loss, or damages is bronght against the COL11rTY, the CITY
shall defend the same at its sole cost and expense; pm<<ided that the COLINTY resetvres the right to
participate in said suit if any principlc of govemmental or public law is imrolved; and if final judgnent in
said suit be rcndered against the COUNTY, and its officers, agents, and 'empla_yees, or jointly against thc
COlJNqY and tlie C1`r'Y and their respective officers, agents, and cmployees, the Cl'CY shall satisfy the
same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared bchwcen ttie Parties in proportion to
their rclative degree of negligence and the right nf intiemnity shaU appiy to such proportion.
(d) Where an officer or employee of a Party is actin~ under the direction ind control of the other
Party, dle E'arcy dirceting and controliing the officer or employee in the activity andlor omission giving
rise to liability shall acccpt all liability for the other Party's officer or employee's negligence.
Interlocal Agreement, Public Detencler Page 6 of 12
~ (e) Each Party's duty to indemnify shall survivc the tennination or expiration of the Aareement.
~ (f) Thc foregoing inclemcliry is specificaUy intended to constitute a waiver of each Partiy's immunity
under Wa.ehington's Industrial lnsurance Act; chapter 51 RCW, respecting the other pa'Cy only, and only to
the extcnt necessary fo provide ihe indemnified Party with a full and complete indemnity of claims madc by
thc indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated
and agreEC1 upon by them.
(g) The COUN1'Y and the CITY agree to either self insure or purehase policies or insurance covering
t.he matters contained in this Agreement with covcrages of not less than $5,000,000 per occurrenr,e with
$5,000,000 agg-egate limits including professional liability and auto liability cnverages.
SECTTON NO. 13: RELATIpvSIBF OF TNE PARTIFS
Thc PARTIES intend that an independent contractor relationship will be created by lhis Agreemenl. The
COi1N'IYII'UBI IC DEFE3JT)ER shall be an indeNendent contractor and nol the agent or employec of die
CITY, thac the CITY is interested only iri the results to be achieved and that the right to control the
particular manner, method and means in which the services are performetl is solely within the discretion of
the COiJN'fYlPUBT 1C DE1=ENDFR.. Any and aII emplayees who provide Services to the CITY under this
Agreement shall be deemed employces solely of the COl3NTYlIyLTFiLIC DrFENDER. "1"he COtJNTY shall
be solely responsible for the canduct and actions of all employees under this Agreement and any liability
that may attach thercto. Likewise, no agent, employee, servant or representative of the C17Y shall be
dek:med to be an employee, agent, servant or representative of the COUNTY for any purpose.
SEC'fION \Q. 14: iV10DiFICATION
This Agreement rnay be modified in wrifing by mutual written agreement of tihe PAR.TI.F$.
SECTION NO. 15: P120PERTY AND EQUIP]VIENT
1"he ownership of all property and equipment utilirh;d in conjunction with providing the Services shall
remain with the original oNvner, unless otherwise specifically and mutually agreed to by the AARTIES to
this ,qgreement. For the purpose of this section, the terminolog,y "owner" means that Par.ty which paid
the full purchase price for the property or ecluipment.
SEC'TinN NO. 16: A.LL WRITINGS C()N`CAL\`ED HFRFL1i/13INDllV(J EFFECT
This Agreement contains terms aiid conditions agreed upon by xhe PAl'tt1'IES. The PAR'C'IES agree that
there are no other undersLandings, oral or otherwise, regaucling the "subject matter of this Agreement. Nb
changes or additions tn lhis Agreement shall be valid or binding upon the Pf1RTTr$ unless suc:h chanoe or
addition is in«riting, executed by the PARTIES.
This Agreement shall be binding upon the F'AR'1']ES hereto, their succcssors and assigns.
SECrION NCa. 17: DISPUTE I2ESOLUTIpN
Any dispute behvee•n the PARTIES which cannot be resolved behveen •the PARTTES shaU be subjeet to
arbitration. Except as providecl for to the contrary hcrein, such dispute shall first be redueed to writing. If
lnterlocal Agreement, Aublic Defender Page 7 of 12
the COLJNFTY CFO and the CTTY Manager cannot resolve the dispute ii will be submitted to arbitration.
The provisions of ehapter 7.04 RCW shall be applicable to any arbitration proceeding.
'I'he COUI\'TY and the CITY shall have the right to designate one person cach to act as an arbitralor. "I`he
two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitrarion panel shall
be binding on the YARTIES and shall be subject to judicial revie-vv as provided far in chapier 7.04 RCW.
The costs of the arbitration panel shall be equally split bctween the PA.RTfES.
SI:CTiON NO. 18: V'ENUE S77PULATION
'I"his Agreement has been and sha11 be construed as having been made and delivered within the State of
Washington and it is mutually understood and agreed by each party that this Agreemcnt shall be
governed by the laws of the State of Washington bnth as to interpretation and performance. Any action at
law, suit in equity or judicial procceding for the enforcement of this Agreement, or any provision hereto,
shall be instituted only in cnurts of competent jurisdiction within Spokane County, Washington.
SECTIQN NO. 19: SEVEl7.4LBILTTY
The PAItTrES agree that if any parts, terms or provisions of diis Agreement are held by the courts to be
illegal, the validity of the remaining portions or provisions shall not be affected and the rights and
obligations of the PAR.TIES shall not be affected in regard to the remainder of the Agreement. If it shauld
appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the
State of V6'ashington, then the part, term or provision thereof that may be in confliet shall be cleemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed
to rnodify to conforrn lo such statutory provision. .
SECTIOlV NO. 20: RE•CORDS All public records preparcd, owned, used or retained by the COUNTY in conjunciion with providing
Services under the terms of lhis Agreement shall be dcemed CITY property ancl shall bc made available to
the CITY upon request by the CITY Manager subjec;t to the attorney client and attorney work product
privileoes set forth in statute, court rule or case law. 7'he COUNTY will natify the CTTY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the
COUNTY'S response thcreto.
SECT)01° NO. 21: TfEADINGS
The section hcadings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit
or extend the scope or intent of the sections to which they pertain.
SE(;T'IOi1T NO. 22: TL1'IE QF FSSENCE OF AGREEMENT
"I`ime is of the essence of this Agreement and in case either Party fails to per£orm the obligations on its
part to be performed at the time tixed for the performance of the respective obligation by the terms of this
Agreement, the other Party may, at its clection, hold the other Party liable for all costs and damages
caused by such delay. .
Llterlocal Agueement, Public Defender Page 8 of 12 -
SEC"I'iQN N0. 23: iJYCO\'TROLLABLE CiRCUMSTAiYCES/L1'I.POSSiBILITY
,
-A delay or interruption in or failure of performance of all nr any part of this Agreement resuhing from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruptiori in or failure of performance oi' all or any part of this Agreement resulting from
any change in or new law, order, rule or rebulation of any nature which renders providing of Services in
accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the
cnntrol of the COUNTY which render legally impossible the perforrnance by the CdlJA1TY of its
obligations under this Agreement, shall be deemed not a default under this Agreement.
SEC'TIO\` NO. 24: FL`L,ING
This Ageement shall be filed by the County with such offices or agencies as required by chapter 39.34
RCW.
SECTION NO. 25: E?ECUT10N AND Al'PROVAL
The PAItTIES %varranti that the officers executing below have been duly authori'r.ecl to act for and on
behalf of the Party for purposes of confirming this Agreement.
SE.CTION T'O. 26: MTTIA'IMFS The PARTIES rccognize that revenue reducing initiative(s) passed by the voters of Washington may
substan[ially reduce local operating revenue for the C1TY; COLJNTY or both PARTI.ES. The PAItTIES
' agree that it is necessary to hdve flexibility to reduce the contracted amount(s) in this Agi•eement in response
to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occws;
the P,qR'IIES aoree to ncgotiate in good faith to achieve a mutually agreeable resolution in a timely fashion.
SFCTlO\` NO. 27. COiV1PLLANCE W1TH LAWS
The Parties shall observe all federal, state and local laws, nrtlinances and regulations, to thc extent that they
may be applicable to the tcrnis of this Agreement.
SF-CTION VO. 28:' DISCLAIME.12
Except as othenvise provided; this Agreement sliall not bc construed in any manner that would limit
cit}ier Party's authority or powers under 1aw.
SECTION T`O. 29: ASSUIZANCF
`I'he C1.TY shall pay the COUNTY the txue and full cost of all Scrvices proviclcd under this Agreement.
The intent of the Parties is that neither Party will subsidize die other and that the CI7Y will not subsidize
any olher jurisdiction that is receiving similar services.
~ - Interlocal Aereement, PuUlic Defender Page 9 of 12
U1` WITNESS WIiEREQF, ihe I'ARTfES have eaused this Agreement to be executed on date and year opposite their respectivc signatures.
DATF:D: BOr1RD OF COUNTY COMlv11SSIONERS
OF SPOKANE COUNTY, WASHIINGTON
TODD MiEI,K.E, Chair
ATTEST;
Clerk of Che Board MA.RK RICHARD, Vice-Chair Daniela Ericksori PHII,LTP D. HA12RIS, Commissioner
DATED: SPOKANE COUNTY PUBLIC DEFE\TDER
By:
Its:
(Title)
DATED: Cl°l'Y OF SPOKANE VAI,LEY
ATT"ES'I°:
David Mercier, Ciry Manaber :
Ch.ristine Bainbridge, City Clcrk ,
A.PPR0VED AS TO FORM ONTLY:
Office of the City Attorney
Intcrlocal Afgeement, Public 17cfender Page 10 of 12
EXIiIBIT 1
For the purpose of this Agrcement, PUBLIC DEFENDER Secvices shall include representation of indigent
persons as required by the Constitution or state statutes (chapter 36.26 RCV1) in conjunction with violations
of statc statutes that are punishable as misdemeanor and gross misdemcanor offenses that occw within
CITY'S jurisdiction and that are committod by adults, and/or juveniles for traffic offenses pursuant to RCW
13.04.030 (1) (e) (iii) or County policy, as well as any appeals to Superior Court. Additionally, PUBLIC
DEFENDER shall represent indigent persons as required by the Constiwtion or state statutes (chapter 36.26
RCVI) in conjunction with violations of C1TY ordinances that are punishable as misdemeanor offenses
except for any constibutional challenges to the CIT1' ordinance. tt also includes representation of indigent
persons as required by the Constitution or state statutts (chapter 36Z6 RCW) in conjunction with violations
of CITY'S Traffic Code, as well as any appeals to Superior Court.
CTTY agrees for CITY staff, at no cost to PUBLIC DEFENDER, to make best efforts to attend any District
Courtjudicial proceedings where their presence is roquested by the PUBLIC DEFENDER.
All services to be provided by PUBLIC DEFENDER in courts under the terms of this Agreement shall be
provided in courts located within the Spokane County Cowthouse Complex. In the event CITY requests
such court services to be provided at a location within CITY, the PARTIES agee to meet and mutually
negotiate any and all increased costs to PUBLIC DEFENDER in providing such court services at CITY
location. I
I
I
[nterlocal Agreement, Public Defender Page 11 of 12
.
Statement of Work
o Initial IrKake • Referral to
Interview Community
• Employment Resources
Evalwdon and a Probstlon Intwfaca
Plaoement s Workinq witfi the
e Monkorinq of 'whole' hmlly
Emplorment • Cost Reawefy
• UA and SA Test'snq
Cost Comparisons
• 7ail Charges n , I
. $95 eawng Few
■ W oauy iesoe s,
o Geiyer DaiFy/ Rate .as
a $60 Confinement is' -
■ $50 Waic Cr'Cw 26-
s Friendship ul ! -
n $20 per day max. A
3 Jui L liiecr 0 Frirn&►i0 I
' + ~ ~.i. {'~i~1.r1:~. •
Cost Recovery
~ Flrst 90 days operatbnal oost of;10,000
per month;
• IniKally 75 referrals, vrhich will Incroase
after 90 days
e;20 per day charyed to defendaM (slidiny
scale) w/balance charged badc to
County/City
2
~ ~~5'r ~ , •s.
Outcome Measures
eInstant Crime and Criminal Hisbory
• Days Served
e Employment Status
v Day Reporting Fees Pa(d (Recovery)
g Flnes Paid
• Programs initlated/oompleLed
•UA/BA Result5
~ ~;ti;i•4` ~ . . . . .,f;~''~~~'
A Public-Private Partnership
F.
Vd~l~€y Fi1~~~,
Case Tyrpe 12003 2004 12005
infradions I 8,924 11,7661 11,779
DUI ~ 1321 158) 158
Crim. 1,287 1,009 619
Traffic
Crim. Non- 820 1,192 1,271
Tmffic
Domestfc 288 453 486
Violence
TOTAL I 11,451 14,5781 14,313
3
Spbkaire Coitrtty NEW-
DUI Court -or-
I 0Intensive Supervision Program
PF
'~~~`:f~ .~i/+
Why Implemenl a DUI CourtP
• Every 30 mfnubes, someone In tfie
Unibed States is killed in an aloohol
related crash.
a DUI is the most frequentlr oommitted
violeM aime In the United Ststes.
• Court decides to fotus on chronit
offenders.
Implementation
s Met with and toured inpatient
treatment providers
a VEsited both Multnomah and Koobenai
County DUI CourtB
• Toured Geiger Corredtons Center bo
consider involvement witfi the DUI
Court
• hlet with R lon One head of Division of
Aloohol andubstance Abuse Regional
Director and Treatment Provider.
4
Implementation Continued
o CoocdinaDed wrltli Ong Court
• lfirsd StaR- DUI Mlansyer (12J13), Probatlon
CMlcer 2(12/1) and Office Aw(stant4
• Coordinabed with Prosaators & PuWic
Dahnders
• Crested polkfes & procedures and handbook,
participwit handboolc, and brochures
• Met with local treatmant provfdas
• Remodding for of'Rte spaoR
~ ;
1 .
Funding
s Tftflic Safety Comrnission Fadarsl Gnrrt
• Grant was nalwd for 3 yewa in the amount
of $300,000
• 5upplemenbed by tunds irom axcm oounty
pro6atfon hss per fnformal AGO opinion
s Reduce tl+e nuenber of deatlss and sWlous
injuries resultinp from traffit aaaha
• Ra9ohe 95% ot all DUI uses wltfiin 6 months
• Reduoe rcliance on incaroerstion for DUI
ofYendas
s 0(fer irtanaiva treatmsnt and wraP wvund
services oo the ►epeacl chronic ot1I oRender
• Promote partnershlps amonp DISP Court
provldar ayencies, and other oommunity-based
oryanlzatioes
5
~ . . - ,
Mission:
s Offender acoountability
e Bring about behavioral change that
ends recidivism, stops abuse and
protects the public
sEducate the public as to benefits of
sobriety and DUI Courts
Er4ibiiity:
• Detendant must agree to comply with
all tha oourt ordered conditlons of the
program
• Seoond oonviction for DUI wlthln 7 ~
rears or have a BAC of.20 or more
• Must be diagnosed Chemicailr
Dependent
I
o _ _ _
. r,: .
v,,ax i: smanat+~+, r+a~mry Mi~ ..+~un,
I
vnase n: tntensNe A,tpatient /►fane Moo Wtorfg
1
Phase III: QRpnUUert
z
PMse N: Ralapse PrevcNion/'',,er•Hdp
i '
7
arwse V: Aoprcat;on J craduaqon
1
V
Phase L• Stabilizatron / Manaahxy .
Mlnlmum
s Minimum 30 days either in custody at
Geiger or via lnpadent Treatment
o Partidpation in treatment, group
eourkseling, individual oounseling and
medicalfy monitored detoxificatlon, if
required
O Trealment Program Co*oAW~
Phase Il: IOP / lfos»e /Monidvrihg
• Inbenslve outpatlent trestment model- 72
hours of treatment
o Self-help attendanoe 2 dmes weelcty (Mu9t
hsve s home group and a sponsor)
• DUI Vldim's Impad Panet
• Electronic home monltoring (30-90 days)
Pftas lll.• OtrQvotiLwt
e Must complebe Phase II to the satist'actlon of
the court_
o Condnue weekly oourkseling for the balanoe of
the two year treatment tiradc at the Judge's
disvetion
e Transitlon fnto the communlty once jail time
and Home Monlboring Is completed
3 ludidal review hearings twice per month
~
~ Tr'~asent ProQram Cdts
Phase IV.• Ma/ntenance
• During the second twelve (12) months,
defendant bo oomply with same
condfdom as idendfied in Phase III.
e Atbendance at complianoe/ review
hearings shall be reduced to onoe per
month, or as ordered by the court.
O Trcatnrent Prnaranr Cnmponent_c
Phase V.• Tra17sido41Gradua66n
m Random alcohol/drug testing
sAt"ance at self-help meetings
oAppear before the Judge as scheduled
sApply for graduation
• Have charge amended/deferred
according to DISP contract
• Fuil-time employment or volunteer
acdvitles unless approved by the court.
• Random UA's and BA's
e Random polygraphs to assess alcohol/
dnag use, driving if not licensed and
insured to do so
• Random home visits by DUI Case
Manager in rnnjuncdon with Law
Enforcement
8
"Live and Grow"
The Moming Gbry plaM Is a weed that chokes
out sirroundinq plants. If you try to klll R wlth weed
klller, the piant wig wither, but the weed will thrive.
hb►tir%w, A you feed tfie plant nutrients Oo make K
stronq, it will thrive and choke out the Moming Glory
weed.
The idea of the WI Intensive SupenAslon
Program Is that by provfding you witfi a support team
that makes you stronger, you wi11 thrive and the
disease of addiction wil wither and die. As you gain
strength through the proqram, you will 'Live and
Grow' into a dean and sober Iifestyiel
9
CITY OF SPOKANE VALLEY . . Request for Council Action
Meeting Date: February 28, 2006 City Manager Sign-off:
Item: Check all that apply: 0 consent old business ❑ nevr business Cl public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE : Draft Environmental Impact Statement (DEIS) for Spokane Regional _
Light Rail Project
GOVERNING LEGISLATION: Nafional Environmental Policy Act (NEPA - 42 U.S.C. 4322)
PREVIOUS COUNCIL ACTION TAKEN: None .
BACKGROUND: The DEIS addresses proposed alternatives for the South Valley Corridor
Project (SVCP). The Federal Transit Administration is the lead agency for the NEPA review of
this project, while Spokane Transit Authority (STA) is the lead local agency for the project and
would serve as the local applicant for all federal, state and local permitting. The DEIS, issued
on January 18, 2006, includes over 350 pages of text not including appendices.
City staff from the Community Development and Public Works Departments has performed a
cursory review (as time allowed) of the document and developed the attached list of comments
and questions regarding the information provided in the DEIS. Comments on the DEIS-are due
to STA no later than Friday, March 3, 2006. Comments and questions regarding the DEIS
received by STA will be addressed as part of the final environmental impact statement that will
be prepared at the conclusion of the DEIS comment period. OPTIONS: Council can direct staff to provide S7A the comments in the attached table; modify
comments and submit to STA; or not provide comment to STA on the DEIS.
RECOMMENDED ACTION OR.MOTION: Staff recommends that Council direct staff to provide
comments as appropriate to STA regarding the DEIS issued for the SVCP.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Greg McCormick, AICP; Neil Kersten; Steve Worley
ATTACHMENTS - Table containing staff comments and questions
- Comments on STA Spokane South Valley Corridor DEIS , Paqe # ~ Section ~ Comment i
S-2 Growth in Population Source of projected job growth in Spokane Valley/Liberty Lake
and Jobs between 2000 & 2025? .
S-3 Growth in Travel Spokane County considering adopting high population based on
Demand OFM ranqe, how does this affect travel demand modeling?
S-3 No-Build Alternative What does the term "financially constrained° mean in the last
sentence of this section?
S-8 Table S2 Summary The environmental impacts portion of this table does not indicate
Comparison of Build whether or not the numbers are in cflmparison to the No Build
Alternatives alternative. It is assumed that this is the case but would
recommend the table specificcally indicate this.
4 Transportation and What is °Spokane region's coordinated land use and transportation
Land Use Plan strategy°? Is this an officially adopted document?
Implementation
7 Low-Density, Auto- Do not agree with the first sentence that states: "Witfiout the SVCP,
Oriented future development in the Spokane region would continue to be
Development predominantly low-density and auto-oriented". The County's
comprehensive plan and certainly the City of Spokane Valley
proposed comprehensive plan contemplate higher density, mixed
use development along the comdor regardless of the results of this
project.
8 Growth in Travel There is discussion in this section about the Spokane Region in
Demarid 1998 being designated a serious non-attainment are for air quality
due to high levels of carbon monoxide. It then it goes on to state
that the region has recently improved its air quality through
transportation programs and projects in adherence with the State
Implementation Plan. It should be clarified that the Spokane Region was actually rernoved from the non-attainment category and
. is now in the maintenance phase of its air quality program. The
current description in the DEIS falls short of describing the actual air
quality situation.
, 9 Table 1.2-2 Should be updated to reflect more recent qopulation prolections.
11 Section 1.5.3 Other Table 1.5-1 Other Projects should include Spokane Valley's current
Projects effort in evaluating the extension of Appleway as part of the existing
Couplet. Since the Valley's project proposes to use the same
corridor that the proposed LRT project would use, coordinating
these two projects is critical to the success of both.
63 Transit Impacts, It would be beneficial to the average reader to include a table that
Ridership Impacts shows the difference in ridership between each proposed
alternative and the No Build option. For example, of the 38,548
riders per day projected in 2025 for the Separate Track Alternative, . only 2,403 are new riders above what is projected under the No
' Build alternative. The Shared Track L•RT Altemative indicates only '
1,211 new nders per day above the No Build aftemative. A
comparison table would make it easier to understand the
differences in riders per day per altemative.
70-71 Traffic Volumes and A couple of statements in Chapter 1 Purpose and Need identify that
Intersection the reqion must continue to work to prevent or reduce conQestion C:1f?ocuments and Settingslgmcc:ormiclclLocal SettingslTEmporary Int€met Hes10LK711Comments on S7A Spokane South Valley
Corridor DEIS (2).doc
Operations associated with traffic growth and its negative impact on air quality
and that the proposed aiternatives for the SVCP are intended to
proactively address congestion. Howzver, the fraffic volume and
. intersection operations analyses do not indicate that these
altematives improve congestion. In fact it can bz noted that under
the LRT alternatives two more intersections along the projcct
corridor are expected to operate at LOS E or LOS F than under the
No Build alternative. Should an LRT alternative be selected, what
mitigation is proposed to bnng these failing intersections to
acceptable levels of service? The DEIS also needs to be clear on
how this project is proposed to reduce congestion when in fact the
. analysis does not support this.
82 Impacts of the Table 3.2-4 Estimate Regional VMT and CO Emissions: this table
Altematives on CO should include a percent difference of CO Emissions, not just the
number of Ibs/day. For example, the largest reduction in CO
Emissions is estimated to be 356 Ibs/day under the LRT Separate
Track alternative. This relates to a 0.1 % reduction in overall
emissions. Also, within this section there should be information
provided on the CO budget allowed for the Spokane Region. This
will give the reader a basis in which to determine how beneficial the
proposed reductions in CO emissions are per alternative. For
example, a number of approximately 355,000 Ibslday of CO
Emissions has been mentioned as a budget for the Spokane
Region. It is important for the reader to understand that though the
LRT Separate 7rack alternative reduces CO Emissions the most
compared to the No Build alternative, none of the proposed
altematives, including the No Build alternative, exceed the CO
Emissions budget for the Spokane region.
102 Existing Land Uses A supplemental analysis should be done to determine the impacts
on this project regarding the changed land use designations based '
on the Comprehensive Plan currently being reviewed, and soon to
be adopted, by the City of Spokane Valley.
103 Table 3.4-1 The figure for single family residential in Spokane Valley appears to
be very hiqh.
107 HCT Alternatives Do not agree wifh the first sentence in fhis section that states: "7he
No-Build Alternative would have no direct impacts.n
116 Table 3.4-10 This table is entitled ~Station Area zoning". The designations of
Low, Medium and High Density Residential are not zoning
designations in the Citys Interim Zoning Code; they are
Comprehensive Plan Designations. Moreover, currently the code
does not include a Mixed Use zoning district.
204-207 Law Enforcement, Has there been an analysis of the impacts to response times for law
Fire Protection and enforcement, fire projection and emergency services for each of the
Emergency Services altematives. It is conceivable that by having at-grade crossings as
proposed with the LRT alternatives, response times would be
. impacted. It would be valuable to know what these impacts might
be and how that miqht affect the community.
231 City of Spokane The City of Spokane Valley adopted the Spokane County
Valley and Spokane Comprehensive Plan as its interim plan at the time of incorporation.
' County The City has processed annual amendments to the Plan in 2003
C:1Dawments and Settingstgmccormickll.ocal SettingslTernporary Intemet FileslOLK711Comments on S7A Spokane South Valley
Corridor DEIS (2).doc
and 2004. The County has also amended its Plan since
incorporation. May be an over simplification to state that "The
comprehensive plans of Spokane Valley and Spokane County are
the same." Also it should be noted somewhere that Spokane Valley
• is in the final stages of adopting its own comprehensive plan that
has some siQnificant differences from the interim plan.
236 Segment 3: Havana . States that Havana Street is near the Spokane city boundary.
Street to University Havana Street is the actual city boundary between Spokane and
Road Spokane Valley.
286 Noise and Vibration Under bullet #6, more specific mitigation measure should be
included such as: Limit the hours of operation in areas where
residences are present. Early moming, evenings and weekends
should be off limits for operations that cause excessive noise and/or
vibrations near residences.
Has there been any kind of analysis done on the number of injuries
and/or deaths associated with the alternatives being proposed by
this project? We are aware of reports regarding people getting
killed at Light Rail at-grade crossings. Should this not be analyzed
and included as a comparison between alternatives since at-grade
crossinps are proposed with the LRT aftematives?
B-5 Table 5 2011 PM The City of Spokane Valley recently completed a Level of Service
through Peak Hour Analysis analysis of over 125 intersections as part of our Comprehensive
B-10 Results, Build Plan process. Many of the LOS values indicated in Table 5 of
Altematives, Appendix B of the DEIS do not match those of our recent analysis.
Signalized Recommend Table 5 be updated to reflect the most current data. ,
Intersections
As part of the review of this DEIS, city staff requested from STA a
copy of a plot from the most recent LRT EMME/2 model of the PM
Peak Hour traffic volumes within the Spokane Valley city limits for
the base year, 2011, and 2025. In response we received fwo CDs
with numerous traffic modeling files but could not find the plots we
requested. A follow-up email was sent requesting assistance in
finding this information on the CDs. As of the writing of these
comments we still do not have a plot of the traffic volumes as
. requested. We would still like to review these traffic volumes from
the EMMEl2 model so we can compare them with volumes from the
VISUM traffic model, which is currently being used for other projects
within the same coRidor.
C:1Documsnfs and Settingslgmccorm'rcklLocal Seuingsll'emporary Intsmet FilestOI.K711Comments on STA Spokane South Valley
Corridor DEIS (2).doc
CITY OF SPOKANE VALLEY
Request for Council Action •
Meeting Date: February 28th, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Amending 2006 Transportation Improvement Program (TIP)
GOVERNING LEGISLATION: RCW 35.77.010
PREVIOUS COUNCIL ACTION TAKEN: Resolution 05-009 dated 6/14/05 adopting the 2006-
2011 Transportation Improvement Program (TIP). .
BACKGROUND: Council adopted the 2006-2011 TIP based upon information staff had at that
time relative to available funds and how these funds could be utilized for transportation projects.
Council also approved the following list of projects for which we submitted funding applications to TIB 8 CDBG:
Grant Proiects
. • Montgomery Avenue Inlay #2 - Argonne Rd. to University Rd. (CDBG)
• Barker Road - Sprague to Appleway (CDBG)
• Bridging the Valley - Park Road/BNSF Grade Separation (TIB)
2005 Carrv Over Proiects
• Argonne Road Rehabilitation- Indiana Avenue to Montgomery Avenue
• Dishman-Mica Road Rehab. - 1" Avenue to Sprague Avenue
• Broadway Avenue Rehab. - Bates Road to Sullivan Road
• Parks Road Sewer Basin - Thierman Road to Park Road
190 to Trent Avenue
• Orchard Ave Sewer Basin Coleman Road to Vista Road Euclid Avenue to Spokane River
2006 Added Proiects
• Electric Railroad Sewer Basin - Park Road to Vista Rd.
Trent Avenue to Utah Avenue
• Vera TeRace Sewer Basin - Evergreen Road to Burns Rd. .
8"' Avenue to 2nd Avenue
• Veradale Heights Sevwer Basin - Evergreen Road to Adams Road
Nixon Avenue to Mission Avenue
• Paveback Contingency
None of the grant applications were selected for funding.
Based on this information, it is recommended that the 2006 TIP be amended to reflect the
deletion of the projects that did not receive funding, include those projects that were not
completed in 2005 and have been carried over to the 2006 construction year, and those projects
added to the 2006 construction year.
A Public Hearing on this issue is scheduled for April 25, 2006.
OPTIONS:
RECOMMENDED ACTION OR MOTION: ,
BUDGET/FINANCIAL IMPACTS: The 2006 budget will be amended to reftect changes
associated with this amended 2006 TIP. STAFF CONTACT: Steve M. Worley, Senior Engineer;
Neil Kersten, Public Works Director
ATTACHMENTS: Amended 2006 TIP
Draft
CITY OF SPOKANE VALLk,Y
SI'OKANE CQUIVTY, WASWIIYGTOIY
RESOIaUTION YO. 06-00*
A RH.SOi..U'TION A114EN`llING THE 2006 '1'RANSPORTA7ION L1~'R()VEMFN'T'
PROGKAM (T1I') FC)lt TH-C CTTY OF SPUKANE VALLEY.
WI-LER.EAS, the City Council for SpokFUie Valley did adopC by IZesolution No. 05-0"'• the 2006-2011
Six-Year '1"ransportation Improvement Prob7am ( I"IP) with such program acting as a guide for the
coorciinated developmcnt of the City's transportation system;
W1-LER.I:AS; changes in cert3in funding sources have occurred;
WRERFAS, the attachect amencled 2006 T1P does incorporate said changts for year 2006;
WHEIZEAS, pursuant to the State rnvironmental Policy Act, the adoption of'the Si:c-Year TIP is a non-
project action which has reccived proper ancl timely environmental review by the City; and
WT-1X:REAS, the amendmenis to the 2006 TIP are c;onsistent with Spokane Valley's adapted Intcrim
Gomprehensive Plan; and WHTREAS, this action constitutes an amendment to the City's Tnterim Capital Facilities Plan under its
Interim Comprehensivc Plan, and has been sent to the Wttshington Statc Deparlment of Community
Tracle and Ec;onomic Development for review piirsuant to RCW 36.70A.106.
! NOW TF-[EEtE,FORE, be it resolved by the City Cnuncil of the City of Spokane Valley, Spokane Counry,
Washington, as follows;
Thc City Council hereby aclopts the attachecl amendecl 2006 17P for the City nf Spakane Valley
for the purpose nf guiding the desi~,rn, development and construction nf local ancl regional transportation
improvemcnts for the year 2006. The Cily Clerk is direcceti to file the amended 2006 TiP with the
' Washington State Secretary of 'I'ranspartation not merc than 30 days aftcr adoption of this Resoitition.
The amended 2006 TIP shall, at least, be annually reviewed for the purpose of determining the work
accomplished under the program and the City transportation requirements.
Projects and timeframes identified in the 'I'I:I'' sre to be considered estimates only that may changc
due to a variety of circumstances; and are not intended by the City to be reliecl upan by property oNvners
nr developers in making development decisions.
A.donted this day of , 2006.
A`I"frST Diana Wilhite, May4r
Christine 13ainbriclgc, City Clerk
Approved as to rorm:
. Offiee of the City Attorney
Resolution 06-_; Amendiiig 2006 T[P Page 1 of I
Cky d Spokane Valley
Departtrtott M Rublic 111fot1a
Adoptod 2006 Transportation Improvemen! Program
20tto
Pnmory CAy Totat
P[aed From To rce AnwW
t Pu~nsl~Asnsfield Wnbur Pmes Rned ~ i 13,000 S 3.429.000
Pu►es a Ind+ana West Baurx! Rempa
2 Bsrfcer Road Btidge at Spokano River 05503 BR S • $ 393,000
3 BaAker Rppd 9oone Spoksne Rlvet Br AIP $ 17,000 $ 97,000
4 Appkway Road Tahirley Road Hodgeo Road STP(U) i 254,000 $ 1,919.000
5 Valby Ccmdor - Praject 82 Unrve" Rd Evergteen Rd TPP t 765,000 S 1,108,000
6 Suphran Road North Ext Forker b Progress Welbaley Ave TPP S 5.000 i 5,000
7' 8N - Pst RdIBNSf C,rade Sap- Irnliana Avenue Nbnlgomery Avenue Other Fed $ - $ 2,450,000
8' Mottgomery Avenue Inlsy 82 Aryonne Road lhMvaBHy Road Other i - $ 471,000
Q Mission Avenue SldewsNt Protect MuYen Road Unlv6raty Road Other ~ 1.1#000 1 10.4},000
• 11nsecn. de+wna trart, ?[kJ[ avymn o~e eo wc7k d qrs: na.ienu - -
ciry a spokane Valby
oepartmerk ol Pualc works
Arrx:nded 2006 TranapOrtiUOn ImproVMna111 Progran
Aaopbd : +n6. qaaoMAlon.o&zxx
2006
Prwnary CNy Tot:l
Projed From To Source Art►ouM Pro1w
t PineeJMensiisld 1fftur Pmes Road TPP S 53,000 S 2.741.000
Pines & Ind~ar►e Wisst 8ound Rempe
2 Barker Road Bridge et Spokane Ftivar 05503 BR i - i 499.000
3 Baftr Road doone Spokane Fitvet 9r AIP f 42,00O $ 1.943.000
a Applewsy Road Tshuley Road Hodges Road STP(U) = 323.000 $ 2.400,000
5 Veley Comdnr - Rnojecl2 Univesity Rd Evergreen RC TPP S 257,000 S 624,OOU
S Sulfivan Road NorM Ext Faker & Progress Wellesley Ave TPP S 5,000 S 5,000
7 B(nedwey Ave fteAib 8itn5 Rd Sutl►van Rd. STPIU) S 108,700 $ BW 70i!
Dlslxttan Min Road iteheb 1s1Ave SpraqueAve STP(U) S 46,400 ; 228,700
9 Argonne Road Ftehab. I-80 Montgomery S7P(U) $ 42,000 S 309.000
10 Miasm Avenua Sidewalk Project Mulkn Road Untversity Road Other $ 113,000 S 417,000
11 EDechie RR Sewer Paveback PaAc Rd Vtsta Rsf Cery $ 77,000
Trenl Ave Uteh Ave
12 Vera Terraoe Sewrer Pavebedi Evergreen Rd 8uma Rd Crty 5 111,000
8th Ave 2nd Ave
13 Verodele 1-IelgAts Sewer Pavebadc Ewergreen Rd Admrs Rd Clfy $ 357,000
Naon Ave Mhsion Ave
t< PsvebYOk CarMingency Cify S ioo,oo(i
15 PaAcs Road Sewar Pevebeck thiewmn Rd Perk Road Clry S 17,455
190 Trenf Ave
18 Orchard Ave Sewer Paveaadc Cciemen Road Vlsla Road i 83,575
Euclid Ave Spokane River
t 1,716,130 S 9,971,400
NqacY wl bath~~rda~ItSd n uw "T un w W tanadarsl siwwwMV IIW mm chonNrJr q t rMlery uf cmwo . mJ ot will imnwdwbr dw f~ur 1n M rdr/ Wwmbl" 1gsp" P'•'wn w dwakya.
'ns+inl/dvvddpnw f
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 28 February 2006 City Manager Sign-off:
Ibem: CheCk all that appty: ❑ omenc ❑ ad business ❑ new business ❑ public nearbV
❑infoRnation 0 admin. report ❑ pending legisiation
AGENDA ITEM TITLE : Code Complianoe 2005 Update
GOVERNING LEGISLATION: Section 7.05 Spokane Valley Municipal Code
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Code Compliance has several functions: To date the removal of junk
vehicles, dangerous buildings and accumulatians of solid waste has been a priority.
Originally, the Division was responding to complaints on a prioritized basis. After evaluating our
system, we shifted to striving for a next business day response on each call, regardless of the
complaint category. Over last year, 999 new cases were opened and 965 reached conclusion.
Thirty-four were carried over into 2006. This rate of custamer response is costly as we have
incuRed overbime over the last 6 months of almost 300 hours.
The City has established milestones to allow improved tracking of compliance in 2006 and has
successfully prosecuted seven out of seven cases presented for judicial review. Twenty six
cases are now waiting further legal action.
Code Compliance remains committed to addressing citizen complafnts in a timely manner.
Securing complfance with sign regulations adopted by City Council may, in the future, requine a
difFerent time commitrnent to assure consistency.
OPTIONS: Not applicable.
RECOMMENDED AGTION OR MaTION: None required
BUDGET/FINANCIAL IMPACTS: Not applicable
STAFF CONTACT: Spokane Valley Building Official Scholtens
ATTACHMENTS : PowerPoint Presentation
S~~T, ~Pokane
Department of Community Development
Building Department
Code Enforcement Update
• Status
• Before and After
• Accomplishments
rnvu~e
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Status Snapshot
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• CDBG Grant application neighborhood clean-up
• Complete integraNon and modification of PLUS
• Cases pending at end oi 2004 - 472, Cases
pending at end of 2005 - 34
• Dratt Administrat(ve Policy and Procedure
• T for 7 Successful court prosecutions
• Successful Clear-view Triangle implementation
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Valley 49;00 11707 E Spraguc Avc Suitc 106. Spokane Valley WA 99206
509.921.1000. Fax: 509.921.1008. cityhallQspokanevallcy.org
Memorandum
To: David Mercier, City Manager, and Members of Council
From: Nina Regor, Deputy City Manager
Date: February 28, 2006
Re: Monthly Report - Summary of January 20(}6 Activities
Human Resources
Recruitments - There are a number of newly filled positions and recent position openings. Following is
the recnutment status of each position.
Permil Specialist Anita Blake started January 17.
CenterPlace Billie Joe Watson and Kali Singleton started January 15.
Host/IIostess-0n-call Positions are open and advertised. A pool of available applicants
is being sought for these on-eall positiocis.
Recreation Coordinator Position is opcn and advcrtised. 1 S` revicw of applications
scheduled for Februarv 24.
I Engineer-llcvclopmcnt Yosition is opcn and advertised. 1S` rcvicw of applications I
scheduled tior February 10.
Conscruction Inspcctor Alan Jackson, consultant .vith Davicl Evans &Assoc., Inc.,
started Tuesday, January 3 I S` to work on development
construction ins ections on a tem orarv hasis.
Poiice Chief Preliminary informatian sessians with candidates were held
January 23. Top candidates are scheduled f'or interviews
Februar y 13.
Training
• Completed City-wide communicationlcustomer service traininb. City working to incorporate into
customer service plan.
Ueputy City Manager Monthly Report - January, continucd
February 28, 2005
-2-
Public Information
Website revamps/updates
•Community Development forms page - reformatted & posted new Building Division forms
• Posting revised Master Fee schedule
• Updated profiles/council information
Worked on new display boazd intended to assist in describing projects and issues to the public.
Web Site ~
Web Site Summary - Month of January 2006
Numbers reflect full or majority weeks of the month.
Unique User Sessions 26847
Top Five Pages Viewed
Employment 3468
GIS/Maps 711
Community Development 589
CenterPlace 506
Mirabeau Point Park 430
ToQ Five "Referrer" Web Sites
Spokane County - Jobs 554
Spokane County - Gov't Employment 276
Municipal Research and Services Center (MRSC) 146
Spokane Valley Online 128
Google 82 Business Registration
23 - New business registrations
304 - Annual renewals (Due annually in December)
I
' CS"fl (!F
. % Spok.ane
..;0OVaHey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley VJA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
- . s
Memorandum
To: Dave Mercier, City Manager
From: Ken Thompson, Finance Director
CC: Nina Regor, Deputy City Manager
Date: February 14, 2006
Re: Monthly Report
•
Durin~ January, finance employees worked on the fnllo~ving projects:
Year end financial close ouC Staff is working to close out the ticiancisl rec4rds f'or 2005. Preparatians are beina macle Cu prepare Che
Comprehensive Annual Financial Report (CANIt) and to assist the auditors in their review of 2005 city
records. pnce the CAF'R. is preparecl, we will send copies co ban};s, bonci unclerwriters and bnnd rating
agencies to keep them updated on our financial staius.
W-2 and 1099 forms distributed
These federally required forms were distributed to employees a.nd contractors in late January.
State reQUired annual slrect rcnorl:
A financial rePort on street expenditures is required by the state each year. Onee 2045 reeorcls are
complete, this report will be submitted to thc statc.
Budget variancelinvestment renortc -
lteports showing a comparison of fund revenues ancl expenditures to our 2005 amendcd budget at
December 31, 2005, are attached. This is the Nebruajy fi version which includes fAnancial transactions for
2005, which were entered into our records througli Pebruary 5,
Most General Fund revenues exceeded our estirnates for 2005.
Most General Funct espenditures were less than amounts budgeted in 2005. Publie Safety expenditures .
exceecled the amount budgeted because of "settlc ancl acljuse" costs which were paid to the count:y
according to e.cisting contracts. -
f'ublic Works and Planning & Community llevelnpment exceedecl their budgct because replaeement
amOunts fnr vehicles, computers and «rork stations were fully funded du►-ing the year. The 2006; 2007
tind 2008 replacement costs for vehicles, computers and work stations will be Iess than anYicipated
because these amouiits were set aside during 2005.
I ha<<e idded additionsl footnotes to the adlached schedule. lf you or others have questions feel free to
contact me. '
Multivear Financial nlan
During January, updated financial projections wcre prepared for the Gencral, Street and Capital Project
Funds. Tt►ese were presented at the council retreat on February 11. . ~
2007 budRet calendar
A dr3ft budget calendar has been prcnared for use in creating the 2007 budget. Once staff co►npletes a
review, the calenciar will be submitted ro the Council for discussion.
City of Spokane Valley
- General Fund
Budget Variance Report At Feb. 6, 2006
For the Period Ended December 31, 2005
Amended Budget December YTD Unrealized Percent
2005 Revenues Revenues Revenue Realized
General Fund Revenues: Unrestricted Fund B-31anca $ 3,784,250 $ - $ 4,493,460 ~ - 118.74°k
Property Tax 10,055,316 844,428 9,509,339 545,977 94.57 6
Sales 7ax . 13,998,000 2,682,984 16,868,850 (2,870,554) 120.51 10
Gambling ?ax 800,000 227,368 990,345 (190,346) 123,79 10
Leasehold Excise Tax 5,000 1,840 9,646 (4,646) 192.92 10
Franchise FeeslBus: Registratn. 650,000 192,168 750,346 (100,346) 115.44 10
State Shared Revenues 1,121,709 270,700 1,149,685 (27,976) 102.49 10
Planning & Building Fees 1,863,000 92,866 2,484,929 (621,929) 133.38 14
Fines and Forfeitures 1,200,000 195,089 1,229,557 (29,557) 1102.46 10
Recreation Program Fees 170,000 74,211 366,102 (216,102) 227.12 5
• Investmenilnteresf 36,000 32,429 235,481 (189,481) 654.11 12
. OperaUng Transfers 207,140 - 118,944 88,196 57.42 11
$ 33,890,415 - $ 4,624,063 $ 38,226,685 $ (3,627,060) 112.79
Amended
Budget December YTD Unrealized Percent
2005 Exoenditures Exoendifures Expenditures Realized
General Fund Expenditures: .
legislative 6ranch $ 288,226 $ 58,605 5' 234,609 5 53,617 81.40% 13
Executive & Legislative Support 442,867 48,402 365,410 77,457 82.51 15
Public Safety 15,909,424 2,586,269 16,096,633 (187,209) 101.18 9
Operations &Administrstive Svcs 1,294,601 207,602 1,070,137 224,464 ' 82.66 17
PublicNloeks 800,490 954,968 844,010 (43,520) 105,44 26
Planning & Gommunity Dev. 1,729,315 395,508 1,735,431 (66,116) 103,82 26
library Services 2,270,000 - 2,176,178 93,822 95.87
Parks & Recreadon 1,959,186 191,430 1,458,749 500,437 74.46 18
Ceneral Co<<ernment 9,196,306 411,626 7.481,542 1,714,804 81.35 15 •
S 33,890,415 4,054,410 $ 31,522,859 $ 2,367,756 93.01% .
211612006 4:43 N9
City of Spokane Valley
Other Funds Budget Variance Report At 2-6-06
For the Period Ended December 31, 2005 AmenOed
Budget DexmCer YTD Unrealized PerCent
34t~,15 RevenuRS Revenuas i2evenue Ree Z
Other Funds Revenues=
Street Furtid $ 5,803,158 S 491,790 $ 3,632,487 $ 2,170,671 62.OU°,b 24
ArterialSireetFurtd 1.088,003 (158,634) 483,759 602,244 44.54 7
Trails and Pa4ts 17,900 8,958 7.166 50,734 40.03 2
Hotelfhlo?QI Fund 437,827 58,795 393,347 43,880 89.98
Debt Servico - LTGO 03 $82,835 - 582,835 - 100.00
Capital Projects Fund 2,105,804 183,581 1,321,716 784,188 62.78 8 •
Sp8Ci3l Capital Projects Fund 1,912,457 182,517 1,283,522 623,935 67.38 $
Sirept Capi;al Froj¢cLs, 4,282,330 437,016 791,595 3,470,735 18.57 6
Mirqbeau Poant Praject 4,000,000 1,622 150,686 3,549,314 3.77 27
Streei Bond Gap'stal ProJec?s 406,000 3,1911 114,887 291,113 28.3A 24
CO Bhock Grant Fund 8()0,000 511,750 584,582 15,418 97.43 3
Cspifel Granis Fund 5,010,000 34,989 334,505 4.875,495 6.68 8
Barlcer Bridge RooonsWction 350,000 113,994 113,884 238,008 32.57 8
StormwatCrMQmtFtend 2,061,026 105,889 1,287,120 713,905 62.45 24
Equip. RGntal & Replacement 272,892 537,913 609,610 (336,758) 223.39 26
RiskDAansgement 140,828 89 105,655 35,173 75.02 21
Rcscrves; • - -
CoctterplaCeoperating 300,000 1,102 306,291 (6,231) 102,10
SCNICe I.ev21 S;abilaatioR 1,000,000 8,402 2,335,706 (1,335,700) 233,57 25
WliUetweather 500,000 1,827 567,909 (7,909) 101,S8
Pirks Cap:tal 550,000 201,279 555,537 (5,537) 101.01
Civec buil€ngs 500,000 1,827 507,909 f7.9(Y9) 101.58
$ 31,899,160 S 2,725,837 $ 16,018,418 5 15,882,742 50.21`X
Amended •
Budget December YTD Unrealaed PerCCnt
2005 ExaonOitiLras E=en,diEures , &(iendiheres Realized
dtherFunds ExpendiWres:
Street Fund S 5,803,156 $ 1,00E,129 $ 2,933,579 a 2,819,579 81.41% 19
Aretial Streot Fund 1,086,003 - - 1,086,003 - 8
Trads and P81As 17,900 - - 17,900 - 2
HOfeWAotel Fund 437,827 83,362 278,170 159,657 63.53 23
Debt SerWc LTGO 03 582,835 - 582,835 - 100.00
Capitel Projods Fund 2,105,904 40,000 132,545 1,973,359 6.29 6
, Spedal Cap6fal Projeds Fund 1,912,457 - 82,545 1,818.912 4.84 8
Street Cepital Projects 4,262,330 781,393 997,977 3,264,353 23A1 S
PdQaheau Paint ProJect 4,600,000 7,895 3,484,558 51$,442 87.11
StrCC160nd Cspital Progects 406,000 71,900 367,896 38,104 90.61 8
CD BIOC4c Grani Fund 60Q,000 52,893 572,114 27,886 05.35
CppftalGrantsFurid 5,010,080 244,951 825,853 4,184,147 58.48 8
Harker Bridge ReconsWction 350,000 14,498 113,994 235,906 32.57 8
Stortmvater 1.Ggmt Fund 2,081,028 518,287 1,393,701 687,325 67.52 22
Equip. Rertaf & Replacemnt 272,892 (56,835) - 272.832 -
kisk P.Sanagement 140,828 5,252 110,313 30,515 78.33 21
Reserves:
CBnterplMce ope2ting 3aU,ODQ - 300,000 -
Service W_ve1 stablliwtion 1.000,000 - - 1,000,000 -
-
tNinter v."ther 500,900 - - 500,000
Parks cap3tal 550,fl09 - - 550,000 -
. Civec buildings 500.000 - - 500,000 -
$ 31,899,160 $ 2,779,425 $ f1.938.08O $ 19,063,080 37.429'0
21te,2006 4:43 PM
City of Spokane Vailey
Investment Report
For the Month December 2005
Total
LGIP` F&M MM Investments
Beginning $ 18,767,778.53 $ 4,479,376.49 $ 23,247,155.02
Deposits 1,780,661.93 - 1,780,661.93
' UVithdrawls (2,000,000.00) (2,000,000.00)
Interest 66,963.87 12,744.75 79,708.62
Ending $ 18,615,404.33 $ 4,492,121.24 $ 23,107,525.57
- Balances bv Fund
• General Fund S 5,826,094.25
StreeE Fund 3,707,277.47
Arterial Street 1,181,367.45
Paths & Trails 15,658.36 HbteUMolel 248,360.28 .
Center Place Op 345,291.17
Service Level Stab. 2,335,706.14
Winter Weather Res. 507,909.32
~ Capital Projects 2,472,570.00
Spec. Capital Proj. 2,217,010.68
Street Capital Proj. 779.00 Mirabeau Point Proj. 450,867.95
Street Bond Proj. 1,124,789.11
CD Block Grant Fd. -
Parks Capital Proj. 355,536.54
Civic Bldg. Cap. Proj. 507,909.32
Storrnwater Nigmt. 1,151,888.47
Equipment Rental 668,728.66
Risk Management 28,781.40
, $ 23,1_07,525.57
*Local Government Investment Pool
211612006 4:43 PM dec
FOOTNOTES Note: 1 Revenue from property taxes is received in May and November
2 No projects planned in 2005
3 Reimb. Due city for block grant project
4 Received quarterly
5 Centerplace receipts have been added 6 Delinquent tax will be received in following years
7 Used for capital projects. Cash not transferred
to the construction fund until cash is needed.
8 Capital projects often take a number of years to plan, engineer, acquire right of way and
construct.
9 Includes settle and adjust costs
10 Revenues vrere more than budgeted
11 Cost allocation plan indicates our transfers were estimated too high
12 As receipts exceed our estimates, so too will interest eamings
14 New construction projects are exceeding our estimates.
15 Prof. services, travel and printing are under budget
16 Contingency won't be spent 17 Prof. sevices is under budget
18 AII divisions are under budget
19 County street mntnce and archleng costs are under budget
21 City insurance premium was under budget '
22 Storm water capital improvements are under budget
23 City budgeted all resources but actual expenses will be less
.24 Amended budget included beg. Fund bal., which reduces the % spent
25 Excess revenues were transferred to the Serv. Level Stab. Fund
26 Equipment replacement fully funded
27 Most revenues were received in 04
2116/2006 4:43 PM
S
-0 _ LIC WORKS DEPARTMENT
PUB
- Va11.ey MONTHLY REPC?RT
January 2006
AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION:
• Street tJiaintenance - County Street Maintenance Inter(ocal
• Engineering Senrices Support = County Engineering Intertocal ' 0 Street Maintenance (Pines & Trent) - WSDOT f nterlocal
• Solid Waste - Regional Solid Waste Interlocaf
WASTEWATER: .
• Wastewafzr Treatment - The end of January 2005 the City received from the County financial
infarmation regarding the County's sevrer utility as it relates to the assumption of the County owned
sewer facilities.
• The Spokane River Tofal Maximum Daily Load (TMDL) Collaboration process is ongoing and
information is available on the web site at http://client-ross.com/sookane-river!
• Spokane River Use Attainability Analysis (UAA) is available on the UAA.web site at
http://vrww.s4okaneriveruses.neUlinks.htm .
:APITAL PROJEC7S: -
o Vatley Corridor Project Met with the Advisory Team to review concerns from SRTC related to traffic model capacity
issues. Determined four alternatives and input into the traffic model to see which best
addresses projected increased traffic volumes as well as other identified deficiencies. Currently
reviewing results and'preparing operationa) analysis.
o Street Master Plan
We issued an RFP for the selection of a consultant to develop the City's first Street Master
Plan. The Street Master Plan will, consist of two elements; the develop'ment of a Pavement
Management System and a six-year Transportation Plan. Proposals were received from two
consultants: HDR (teamed with USKH) and JUB. Proposals are currently being reviewed.
Q Contracts for Construction Services Contracts have been executed. J-U-6 Engineers has submitted a scope and budget for the
pishman-Mica Road Rehabilitation Project. Century West will likely be chosen for Argonne
Road. J-U-B Engineers may also be chosen for Broadway Avenue since CH2MHILL will be
providing construction management and inspection services on the Barker Road Widening
P roj e ct.
Construction o PineslMansfield Federal funds have been released for Preliminary Engineering. The County and Sfate are designing
their* respective areas of the project. Environmental permitfing and discipline studies are in process. The
right af way acquisition phase will begin after environmental permitting is complete. The project will
advertise in 2006.
• o Dishman-Mica Road Rehabilitation Project The Contract was awarded to Cameron Construcfion. Consfruction will take place from mid-March to
mid-April.
o Broadway Avenue Overlay Project
Federal funds have been released for Cvnstruction Engineering. The Project is out fo bid. Bids are
scheduled to be received on March 3`d.
o Argonne Road Overlay Project Federal funds have been released for Preliminary Engineedng. Design is 95% complete. The project is
scheduled to bid at the end of March.
o Appfeway Avenue Reconstruction - Tschirley to Hodges
• Federai funds have been released for Preliminary Engineering. Environmental Classificafion Summary
• (ECS) has been approved. Budinger has compieted geotechnical investigation. Adams & Clarlc has
completed topographic survey. David Evans 8 Assoc. has begun design engineering. This project will
. advertise in 2006.
o CenterPlace
Working on final project closeout.
o Barker Road Project
Project ready for biciding - 100% Design Complete. Right-of-way acquisition is complete exeept for final
, negotiations on one swale parcel. A possession and use agreement is in place for construction. Project
will advertise fflr bid on February 17, 2006.
o Barker Road Bridge Project
Type, Size and Location Study has been approved by WSDOT. CH2MHILL has submitted scope and
budget for design engineering and permiiting. Contract negotiation should be complete by the end of February, 2006. .
o Park Road Project
Project Substantially Complete - Punchlist items remain.
o Parks Road Sanitary Sewer Project
Project 95% Complefe - Nora Avenue West of Paric Road to be campleted in the Spring.
o Orchard Avenue Sanitary Sewer Project •
Project 60% complete - Project"will carry over to Spring 2006.
o Veradale Heights Sanitary Sewer Project
Project design 100% camplete - Ptoject will bid in early 2006.
o Electnc RR San'rtary Sewer Project
Project design 90% complete - Project will bid in early 2006.
o Vera Terrace Sanitary Sewer Project
Project design 50% complete - Praject will bid late spring 2006.
TRAFFIC: •
• Working with Bing to get fiber optic line installed so we can have a workstation tied to the Spokane
Regional Traffic Management Center. • Signal phasing changed at SpraguelGillis. Also implemented new timing to put SpraguelGillis, Sprague/Bowdish, Sprague/Fancher, in coordination wifh the rest of the couplet. 81hlDishman-Mica
and 16th/Dishman-Mica were also put info coordination during the morning peak hour.
TRAFFIC Continued: _ • Completed reviewing the analysis results for 100+ city intersections for incfusion in the
Comprehensive Plan.
• Received 6 nevr signal controllers and have scheduled training for next month.
6 1- Construction and utility work related fraffic control plans were reviewed and approwed.
• 18 - New citizen requestslcomplaints were receivzd via phone. These typically involve traffic
signais, stop sign requests, speeding complaints, bus stop concerns, streetfight outages, requests
for new streeflights, traffic count requests, and parking issues.
STORMWATER:
• FinaliZed the stormwater tax rolls for 2006
• Working on stormwater solutions for 2006 sewer projects.
• Working on s#reet sweeping/vactoring and landscaping bid documents
• Contracted out services with Adams & Clark for floodinglerosion solutions for the Beveriy Hills
project ,
• Mapped and created database of City owned drainage facilities. • Coordinated the review of public comments for the stormwater manual with Spokane County & City
of Spflkane.
• Contracted out services with Tetra TechJKCM & GeoEngineers for a soil study to determine topsoil
requirements to provide water quality treatmenf. Consultant is in the process of analyzing soil
samples.
COUNTY MAINTENANCE ACTIVITY:
.
City 2006 budget is $3,023,068 ($2,274,700 in the Street Fund and $748,368 in the Starmwafer Fund).
Through the end of January the County has bi((ed $100,219 for Street Maintenance, and $40,792 for
Storrnwater Maintenance, these tofaf $141,011 or 4.2% of the budgeted funds.
LAND DEVELOPMENT -
Janua►y Activity: .
NEW APPLlCATlONS '
COMMERCIAL APPLICATIONS
o The Gardens 10, 192 sf tenant improvement site plan
o Verizon Addition Cell tawer building addition ,
FINAL PLAT APPLICATIONS
o SHP-15-05 9 lot short plat .
a Progress Properties 16 lot plat o SHP-I1-05 6 lot short plat
o SHP-38-05 2 fot short plat o SHP-23-05 41ot short plat
o SHP-36-05 4 lot short plat
o SHP-24-05 2 lot short plat
o SHP-14-05 3(ot short plat _
LAND USE PRE-APPLtCATIONS ' o Manners Rezone/SHP UR 3.5 to UR 7" and 4(ot short plat pre-app
a Manners (2'4) RezoneJSHP UR 3.5 ia UR 7 and 6 lot short plat pre-app
o Eastman Short Plat S lot shod plat pre-app '
o Ackerman Rezane/SHP UR 3.5 to UR 7` and 3 lot short plat pre-app
o Turney/Oneil RezonelPlat UR 3.5 to UR 22* and 10 lot plat
o Robinson SHP 4 lot short plat
SHORT PLAT APPLICATIONS _
o SHP-42-05 3 lot final short plat .
o SHP-28-05 9 lot finai short piat o SHP-01-06 , 3 lat final short plat . REZONE APPLICATIONS o REZ-31-05 UR 3.5 to UR 7'
SPOKANE COUNTY APPLICATIONS
o PE-1971-05 6 fot pfat
OTHER ACTIVITIES
NEW STREET & DRAINAGE PLANS (CURRENT LAND-USE PROJECTS)
o REZ-12=05/SHP-11-05 Street & Drainage Plans
o SHP-15-05 Street 8 Drainage Plans
o Mission Park Estates Street & Drainage Pfans .
COMMERCIAL PRE-APPLICAi'IONS ' o River Rock Apartments 164 Unit Apartments Phase 2(Mansfieid)
~
~
Spo~a.ne . .
,;,o3Valley Capital Improvement Projects 2005 8 2006 PROJECTS
Proposed Estlmated Dcsign - Construction 2005 (2006) Total ProJect
Futjdinfl Road Conatructlon ProJects Project Locatfon Bid Date Complotlon Date Complete Complete Fund(np Cost
718 Park Road - Prolecf 2 BUS Avenue to 2nd Avenue 11/1l05 1 009'0 98% $ 821,000 S 972,000
STP(U) 161h Avemie - Project 2 l7ishman,%Sica Road to SR 27 5131105 1110% 100% $ 5,932,000 S 3,302,090
TIB Barker Road RQOOnstrucfion Fiaone Avenue to tSarker Road Bridge h~ir-RG 10115/00 95RIe 0% $ 1,150,000 $ 2,998,200
S'1'N(U) Di4dirnait-MSi~~ Road Re)jabifila0an Sprague kvoiute to ApplEnti•ay Avenue h9ar-06 4111tl8 1UU'/o 0°6 S 49,400 $ 57,100
STP(U) Argoume Road OverlaV Indlana Avenue to?Aont,gamery Avenue Mar-OB til11Ud3 90°h 0'96 S 274,000 $ 316,000
STP(U) Broadway Averiue Overlay Bates Road to SufSvan Road biar-U8 fSJ1106 95% (Y°1'o $ 703,900 S 1512,700
CDi3G p.4ontgomery Avenuo Refiabi[italivn Univer^.iry Road to I-90 an ramp 1 j11l05 100`ro 100pi0 $ 439,950 $ 439,859
City 84h Aveitue OveAay Fart Road lo University Road 11'l11115 1003b 100% S - $ 270,000
CDliG fvtaulyoittery Avenue RehaU 62 ArgOnnca Road 4o University RUaci hfay-013 1U115106 0°,b l}"/o $ 4"l 1,OOU S 471,1100 lak9 uul?
Road Design Prolocts • •
TIl3fCPMa Pines/Alansfield Project " Witbur Ftd. to Plnes Rd., Piaes to 190 Apr-06 14115106 40% 0% S 620,000 $ 3,134,000
STP(U) ApplevrayAvenue RoconstniGifln Tscli9rlay Rd. fo Hodges Rd. Apr-08 10l15106 20% 6'/o $ 166,900 S 3,197,000
BRAC B9rlcer Road t3ittlge Replacemeijt 8arker Rd, At Spakarie River Jan-08 1211109 6;6 d% $ 702,001) $ 8,057,015
, City 5ull3vian Road Extvnr3Eon (Biyeicw Gulch) W1ay-67 101'IJOtS 0% UOAI 'Pa4e out7
Sewer Projecta Carnahan I-90 to Stti, Havanna to Easterrs 711105 1a0% 100°k $ 2,589,000 $ 2,5611,000
Shernoocl ForestNdca ParklJohnstnn Apploway to S69h. Siesta to WoodniN 9115105 100"'s'o 10(Y9'o $ 2,570,900 $ 2,570,009
Inlantl Broadvraylo Spraque, I-99 tu Pai3c 12/11105 tU03'o 100% S 660,000 E 660,000
F'arks Road Treni to I-90, TMJaffilall IO AArY 641I00 100% 95% S 1,445,000 S 1,445,000
Edgerton Utah lo Trent, Efizabeth to Park 1211105 100g'u 106% $ 2,593,000 S 2,503,000
Orchard Avenue Spokane River to Liberty, Coleman to Vtsta 7115/08 10b% . 609'o $ 2,895,090 $ 2,895,000
Ciry veradale Heiahts - PavaGack Valleyviay !o Mission, Evergreen to Adams it1ar-06 1 Qf151d6 9590 4% S 397,269 $ 397,260
Ciry Vera Terraee - Paveback 2nd to 7th. Evergreen to 8ums Mar-06 10115106 75°k 0% $ 209,250 S 209,250
Clry ElecErlc RR - Paveback I'arlc to Vlsta, Trent fo UtaN P,iar-08 10115106 25S5 09'o $ 308,790 $ 308,790
Planning ProjeCts -
STP{U) VaOey Carridor Cnvironmental Study Univers(ry ta Appleway nfa Jan-06 04/9 p~°/, $ . g _
Patk Road Grade Separation (ESTV) I'aric Road at f3N5F F2Ft and Trent Mar-07 3(F'~ Owo
TIII Valley Cauplet -ProjeCt 2 Univer5ily to Evergreen PAar-07 0% 0%
STA Mission Ave. SEdovralk Muftan to Univcrslty ;i1a q% pgS,
Centorpiace at Mirabeau Point .
Conslruction in Progress 9105 10695 99% $ 0.509,D00 $ 9,500,000
7atal ; 30,386,450 $ 47,085,985
5'1'P(U) - Surfate 7ransportatian Program (Urban); T18 - TranspormUon ImpravemHiit ficxard; ERAC - Bricfga hZeplacement Advlsory CommittEU; COBG - Comrnunily Qevelopment B6ock Gr;snt Proyram
GMAp - Congestivn ManaynmenUAir Qualily Program; STA • Spokano Transit Authocity
.
Jan 2006 Construetian ProJects
SCok:ane
- .;~sOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley VJA 99206
509.921.1000 ♦ Fax: 509.921. 1008 ♦ cityhall@spokanevalley.org
- - - _ - • . ~ , . , - , , . . . . . - - , .
Memorandum
To: Dave Mercier, Nina Regar, Members of City Council
From: Mike Jackson
Date: Februarl 14, 2008
Re: Monthly Report for January 2006
Adniinistration and Parks:
• Year io date park reservalions 37 as coinpared with 12 YTia in 2005.
• Advertised for tlle Recreation Coorciinatpr position.
• Stat_f participatcd in Customer Service training. • Creatcd work plaii for 2006
. • Met with Washington Recrcation and Park Association and toured the CenterPlacc -
facility.
• Cr.eateci a CentcrPlac.e DePosit Regg
,ister for the Finance Department. '1`his spreaclsheet
will allow Parks & R.ecreation and CenterPlace deposits to bc rceonciled every month.
Senior Ccntcr:
o Coordinaled ~Nith WSU Litercollegiate Coltege of Ntirsin~ to provide two studcnts at ehe
Wcllness Center every Wedncsclay beginniulg January 18` ' They will check bloocl
pressure, answer geueral health. questions, mid ofFcr resource and refc,rral informadon. A
fee wiLl not be chargeci Por these services.
•.1Zesearchcd Ceramic rooin rental rates. Spoke Nvitli 1'at Frccman, IEL, iuld Cornmuni[y
Cnlleges of Spokane tq obtain uiformation qn oCfering a ceramics class fnr the seniors
lh.rougti the College.
• Researched the possibility of rcnting out the pool room one evening a weck. Checking
with a variety of plaees to cietcrmine rental fee and policir;s for lhe pool roorn.
• Vohulteeas transplantEd 132 geraniums iu thc grcenhUuse. The grecnhouse is f l.ling up
widi plants ancl scEdlings.
• Attended New Employee Orientation mecting.
CentcrPlace: • 2006 GToups Booked: .
Jauuary 11
Febniary 15 _
imarch 16
A.pril 11
May 13
June 4
July 12 " .
, . August 12
September 14
October 2 -
\TOVember 0
Dccember 4
Total Groups Booked YTD: 114
. ~
- n1EMo
TO: I)a<<c M:ercier, City Managrr '
FRnM: Cal 1Valker, Chief of Police
George VVigen, AdminiStrativc Scrgeant 1)A:1,11: February 16, 2006
1tE: vivnthly R.eport Jauuary 2006
Attached is the activity report for January 2006 for the Spokane Vallcy Yoliee Department.
Computer-aided dispatch (CtiD) incidents totaled 4,508. Ihcsc arE selt-initiated afficer
contacts, as well as calls for service. Out nf those ulcideilts, 1,361 actual reports were takeu
during the montll of January.. Atlached is the brea.kdov«i describing lhose incidents.
fldditionally, there «tere 1,664 trafiYC stops conducted tllat resulted in 259 traffic reports.
Inc.luded are the hotspot maps for January residential burElariES; January comiiiercial
liurglaries and January traffic collisions, along xvith Deceiilber & Janiary stolen vehicles.
AllIV11VISTRaTiVT:
♦ Chief Walker continued to work with other County and City leaciers on N1148 compliancc
and graiit fiinding through Homeland Security. tllso in conjunt:tioit vvi[h Cotlununity
Tmer;ency Yreparedness,* Chief Walker 1ttcndcd meetings ni,' the CitylCounty Disastcr
Coiiuiuttee and Joinc Public Safety I.e_aderslup F'onun; and also reviewed the stahis of
computer mapping for the R,apid Respoiider / Prepared Response program. Schools,
goveriuncnt buildings and other public facilitics have already been mapped, and plans are
now being examined for iiiappuig of private sectors such as ttie Spokane Valley Mall.
♦ As part of aplan ln promote aud dcvelop more interaction and eachangc o1' ideas betweeii
the Spokane Valley rir.e Departmcnt and the Spokane Valley Police Departme.nt, Fire
pcrsoiunel have visited the SVPl7 staff meelinjs as part of a move to prQmote and develop
more interactiou and r;YChanbe of ideas behveen the ctepzrtments. C:hief Wallcer attended
a scmi-annual meeting of the Spokane Valley Nire [7epartment early in January.
♦ An "E•mployer Appr.eciation" lunchcon sponsored by the Washington Air Nalional Guard
was attcnded by Ch.ie.f Walker and other members oF the SVI'17. '1'he police department
received a cercificate ui recognition of support of military pcrsonnel by pledgulg job
assurance wlule they are involved in active duty. . ♦ Developing leadership is always plays aii iniportant role at the SVPD, and C:hief Walker is
again working on the aainual upcoming A9aximum Impac:t Leaderslup I raining program. -
CO1~INIUn'1'TY QRIF.NTEllI'ULICING: ~
- ♦ Chief Walker and Crime 1'revcntion Qf=Eicer CTreg Snyder.addresseci cam.muiuty safety
and crime prevention issues at a Fireai-nis Safcty Seminar at Sharp Shooting Incioor.
Pa ;e 1
Range aticl GLU1 Shop, as a Part o:f.National Sclf ]7cfense Awareness month,in Jamiary. SCOPL stations provicle i'ree gun safet}, locks as one of theiz coiiununity safety -
proerarns, and locks were given to thosE attEnding the Firearnls Safety Seminar. ♦iNegotiations were finalized for the Scbool Resoiuce L7cputy position at Fast Valley tugh
School.
♦ The Spokane Valley Policc Departmen[ received aii American flag from Spokane County
District Cnurt Coirunissioner Charles Rohr, who donated the flag that had been presented
to his farnily at his father's military funeral. Conimissioner Kohr had noticed that the
precincYs current flag was bccoming somewhat worn and tattcred, and offereci the
family's flag as a replacetnent. "C'hc Spokane County Slieriff's 149nor Guarcl accepted and
raised the Flag at the Spokane Valley Precinct in January.
SCOPC Voluntecrs Make Substantial Contributinns- SCOPE volunteers i.n 2005
provided nearly incalculable assistance to the sherifPs offiee and Spokane County citizens,
but numbers can at least partially illustr.ate dieir assistancc and suecesses:
♦ Electronic Pawn Database -Property Crimes Task 1'orcc Detective Mark Stewart
estimates SCOPE voluntecrs in 2005 tcacked over 20,000 pawn transactions;
representing tnore than 50,000 items of property.
♦ Handicapped Parking - The earliest SCOPF volunteers to rcccive limiteci police " conunissions were lhose assignecl to a speeial Handicapped Parking Emphasis Tearn. lti 2005, the Spokane County SherifPs Office and Spokane Valley Rolice issued 556
inftactions for handicapped parking violations, unauthorized use of handicapPed
parking perniits, aild for blocking handicapPed parlcing spaccs. Of the 556 infractions,
SCQPF volunteers A1 Fishcr, Jim Durham, Larry Cornwcll; and Ray Westlake issued
489.
♦ Abandoned Vehicles - In 2005, Sheri .ff A4ark Sterk provided specialized training anci
limiteci police comrnissions to another group of SCOPE volunteers who began tagging
and towing abandpned veh.icles from Spokaiie Valley neig}tborhoocis. Long the bwie
af sheriffs deputies and Afficers, abandoncd vehicles generate hundrEds of complaints
from a.rea residcnts eaeh year and require a significanc amount of time to laNvFully
a process. and remove. SCOPF responded to over 1100 vetucles and rotived .
approximatcly 180.
OPETtATIOn'S: ♦ A foiir-rnonth trial period of the Police °1"raining Officer (PTO) concepts for new patrol
officers was begun in January.
Valley Homicicie Suspect Rehtrned To Spokane County ♦ Spokane Valley homicidc suspect Anselmo R. Braffith, 24, was retunied to Spokane Cotuity from Taeon7a and booked 'uito thc Spokane County Jail. Braffith is aeeusecl of tie
December 30 murdcr of his wi('e Jainie. The suspcet told Taeonla police that he awoke on
Page 2
, laecember 31 to find his wi1le deceased, and he gattierccl up their children and drove thein
`~..._.to a relative's home in Tacoma. Aiierward, he contacted policc there anci confessed to the
murdcr. SheriPt's major crunes Detcctives Doug Marske and A1ike Ricketts drovc to
Tacoma aul retuitiied the suspect to Spakane. He Nvas booked uito thc Spokane County '
Jail on a charge n('First 17egrec Murcler.
Road Rage Incident Ends With A.rrest
♦ Spokane Valley 1?olice arrested a 22-ycar-olcl Pqst Fails, Jdaho man early Sunday after he
shot out lhe rear «<indow of xnothcr car during a r.aad rage uicident on Interstate 90.
Qfficer Stevens was at Sullivan and Sixeeenth -when he saw ttie suspect's Honda in front
oi' him. I-le stopped the car; identified the driver and recovcred a pcllet gun ('rom inside the
car. The pellct gun had Fieen spray painted black and appeared tn be a real firearm.
Stevens arresteci 1he suspect oii the assault charge and placed the pistol on police property
as evidence.
nrug llealing VIam Ronkcd On Felouies
• A woinFUi who was arresieci in.June 2002 after lier 18-month-oid spn ingested cocaine was
airested again after sheriff.'s detectives fotuld crack cocaine h.iddeii iiisidc a cereal box
inside her apariment. Taetectives assigned to the SherifFs Investigative Suppart Unit had
bEen watchi_ng the 26-year-old woman since DeceIIiber aftcr Icarning she was selling
crack cocaine. Aftcr making several undercover purchases, they eYecuted a search
wanasit on hcr apartrnent at 401 S. Lastern. When they entered about 8:30 a.m., they
f.ound her standing in elle kitchen arca and her boyfrieiid already "proned ouf" on the floor
waiting to be handcu:ffed. They arrestecl the boyfriend on a singlc felony count of
17elivcry of Cocaine; but becausc the female had her now-ttu•ee-ycar-old son with her on
her last trip to sell crack, tliey arresteci her for botli Delivery of Cocaine ancl Tnvolvement
of a Minor ui an Unlavfiil Substances Transactiou. `l"he fcmale told detectives that she had
just regaincd custody of ille boy three Nvecks ago. Followiiig her 2002 arrest, the boy
livccl with *a f-oster fanuly for a year and a half. A Child Yrotcctive Services eniployee
accnmpaiiied detcctives to lhe apartment iu miticipation of the airests Fuid thc need to
place the child with the Foster falnily again. In searcliing the apartment; dctectives found
two individual ly-packagcd qLraneities of crack cocaine hicldcn inside a cereal box u1 the
kitchen. ISU Lieutenarit R.ick VanLeuven said after the ra.id that the ca.se perfectly
illusteatcs the need for a Drug Endan.gered Detective for specific investigations where the
suspects involve chilclren in their activities. .
SCOOTERS AiN1) R:fKLS:
♦ Januaiy saw one pcdal bike collision. A juvcnilc male was riding his bikc north bauiid on
Pelts R.d. in the snuth bowid lane o:f travel. He lost control of his bike and struck a south
boiuid vehicle heacl on. Although he suffered minar injuries lus bike helmet saved hun
from head injuries.
Page 3
2006 JANUARY CRIME REPORT I Jan-06 I Jan-05 12006 to date~ 2005
BURGLARY ~ 421 651 421 65
, FORGERY ~ 181 491 181 49
MALICIOUS MISCHIEF 1 931 621 931. 62
NON-CRIMIiVAL 1 631 841 631 84
PROPERTY OTHER i 841. 961 841 96
RECOVERED VEHICLES 1 261 261 261 26
STOLEN VEHICLES 1 491 371 491 37
THEFT 1 1531 1581 1531 158
UIOBC I 0i 0l 01 0
VEHICLE OTHER ~ 01 11 01 1
VEHICLE PROWLING I 961 861 961 86
. TOTAL PROPERTY CR/MES ~ 6241 6641 6241 664
ASSAULT ~ 681 971 681 97
, DOA/SUICIDE 1 171 171 171 17
DOMESTIC VIOLENCE 1 381 541 381 54
HOMICIDE ~ 0l OI 01 0
KIDNAP ~ 41 11 41 1 MENTAL ~ 431 361 431 36
MP I 8~ 11 l 81 11
. PERSONS OTHER ~ 101 ~ 1021 1011 102 ROBBERY ~ 61 41 61 4 -TELEPHONE HARASSMENT ~ 91 161 91 16 •
TOTAL MAJOR CRIMES 1 2941 3381 2941 338
ADULT RAPE ~ 41 21 41 2
CHILD ABUSE ~ 91 191 91 19
CUSTODIAL INTERFERENCE ~ 121 81 121 8
SEX REGISTRATION F 01 11 01 1
INDECENT LIBERTIES 41 11 41 1
CHILD MOLESTATION I 61 21 61 2
CHILD RAPE ~ 51 31 51 3
RUNAWAY ~ 261 311 261 31
SEX OTHER I 171 181 171 18 •
STALKING ~ 01 51 01 5
SUSPICIOUS PERSON ~ 171 221 171 22
TOTAL SEX CRIMES ~ 1001 1121 1001 112 '
DRUG . ~ 841 941 841 94
. ISU OTHER ~ 0 0l 0l 0
, TOTAL ISU ~ 84 941 841 94
TOTAL TRAFFIC REPORTS 1 2591 1821 2591 182
TOTAL REPORTS RECEIVED 1 1,3611 1,3901 1,361 ~ 1,390
01-06 No changes made yet except name I I ~ - .
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;
CITY OF SPOKANE VALLEY
DEPARTMENT OF COMMUNITY DEVELOPMENT
JANUARY 2006 MONTHLY REPORT
L pNG RANGE PLANNI NG:
Planning Commiasion
The Spokane Valley Planning Commission met twice dunng the month of January. The
Commission cor►iinueci fts review ot proposed definitions and a scheduie of permitted uses,
regulaUoRS implementing the Comprehensive Pian. Dunng February, the Commission will hold
public hearings on proposed amendments to the interim business use matnx, regulations
relating to airport hazard and land use compatibiHty, and several housekeeping amendments.
Geographic Infornnation System/ PLUS
During January 2006, corrections to the PLUS permitting system wil pennit conaistent Uadcing
of both permits and land use adions within Spokane Valley.
As part of the regional growth management planning requirements, prescribed by the Spokane
County Growth Management Steering Committee, the City ot Spokane Valfey is required to
estimate its iutune land capacity.
Long Range Planning Staff
The Planning Division has used a parcel-based, Geographical Information System (G1S)
approach to generabe estimated growth capacity within otu City timiis, adjaceM Urban Growth
Areas (UGAs), and Urban Reserve Areas_ This pwocess included estimating the number of
gross aaes of vacant and re-developable land in each land use classification, applying a series
of percentage disoounts to aRive at an estimate ot net aues in each ctassificabon, and appJying
zoned densities for estimating the number of housing wnits.
The Planning Divisan is using GIS maps to create an interactive deasion-making environment
by projeding pafcel based maps of proposed fand use changes to help the City Council
visualize requested map amei►dments.
CURRENT PLANNING:
The Ptanning Division openecl 20 land use appiication files in January 2006. In addition, 44
Iicenses/peRnits were sold. The charts below tradc present monthlY acin+ity Won9 side 2005
levets. Lioense/Pemnits indude 20 adult erttertainmeRt, 22 home profession, temporary use and
sign review permits. Land Use Actions indude 7 Land Use pre-apps, 5 rezones, 6 short plats
(includes preliminary and final), 2 bourxlary line adjustrnent, 1 street vacation, 1 appeal to the
Hearing Examiner, site pian and SEPA reviews_
Page 1 of 7
City of Spokane Valley
-tment of Community Development
?anuary 2006 Monthly Report
.006 Licenses S Pernnits Issued
~ - -
•t~ - - - - _ _ - -
Y
il
Jan FeD Msr ~ Ap► MoY ~.ku► Jul Aug Srn Qc! Nov ' Ex-c ~
,-_O(k3 M I + I I ~ ~
2()05 11 26 , 18 I 34 21 I 10 6_ 22 ~ 12 i_ 45_ j 39 + 38
The Planning Division approved 2 commeraal peRnits during December including a 9,640
square foot officetwarehouse for Spokane Strixctures and a conversian of a single famity
residence to a daycare. Additionatly, the Ptanning Oivision received 5 new commercial permits
during December and 2 commercial pre-appfication meetmgs were conducted
2006 New Land Use AcHons
40
E
30 ,
,
24 - -•`~=t-~r-~'~~,y - - . \ ~ ~ - _;:s _
10 - -
l) -
Jan I Feb MM I Rpr Ffty .Ain Jul Au9 ISeP I C)ct I Pbv I C13,
t~ louu 20 I I
2W5 i ,s a , 20 j 24 ,e j 33 ; 28 ; 17 ~ 17' 26 -1 _ 18 20
Monthly revenue for the Planning Division totaled $25,375 in January; 160% of the revenues
gsnerated in January 2004, and 121 % of the revenues generated dunng January of 2005.
Page 2 of 7
City of Spokane Valley
Departrnent of Community Development
,
January 2006 Monthty Report
2006 Planning Revenues
$so,ooo , - - - - - -
$40,OW - - - _ - _ _ ~
~
$30,000
~ - ~ + r _ _
$20,000
$».ooo -
so .
,1on Feb bbr Aprl Aryl AM JuIY AuD Sep C)ct NOV 1}ec
I O Fieverm Z406 Faevenue 200:i 1
Revenues generated by !he Pianning Division are compared with the 2006 Budget appropriation
iRthe table below.
2006 Planning Revenues Compared with Budget
fiev rn~rs
$O 520000 SdpO{)G S60.OQ0 880.000 5100,000 3120.000 fM,UCb 5160.000 1180,000 S2U(lUUO
p Actw YTD Fev~ O Arrwwl &x1pM fstlrtQla
Page 3 of 7
City of Spokane Valiey ~
!?,~na-tment of Community Development
!anuary 2006 Monthfy Report
The BuiIding Division issued 225 pem►its in January 2006, compared +nrith 250 for the same
period last year. . This induded 28 permits for new one and two family dwelfings and five new
commercial structures
2006 CONSTRUCTION PERMrT9
( li
~ ~
-vw ! ~ • _ ~ T~, ' - ~„t _ "
.llr _ ~r
r.° I ~ I "a ~ w .r^' w' A,q ~ wm a, i N. ar
rn ' I I
♦01 I L}G iJi 1.= ♦l: ).-i f,R; :qn
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~ w4n FeG Idar Api lAsy tuie .k.fy ,\up :;cyf C~i' Nnv tlec
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gMulhm-iy 'i;nrt5 I 0 ~ I I ~ ~ , ~i?w ?rlnQf ~c' '1':'.1'. Illr• j .
The Permit Center collected a total of $60,423 in Permit and Plan Review Fees in January,
compared with $71,432 in January 2005
2004 8ulldlnp Revenue•
',r,~ ~•~r•~' a .I(I•: 7,.!..ii~,n ~ w~' - - -
- - . . : - - - _
The reported value Qf construct,on, including new structures and additions/alteration is shown in
the following chart, comparing these values with 2405 New value for January 2006 tatals
$4.485,959, this year is $83.204 ahead of January 2005
F'sge a of r
City of Spokane Valley
Departrnent of Community Development
January 2006 Monthly Report
20Ot YTD \rir Ikweews CewMM wMM Oudgd
Lunw A fw+A Fiw
sa uoo mo i.oo.ooo yoe.ooa nao.ooo ti_ooc.ooo 81.2oo oao s,.aanooa
iB AMd rTD IV..no. a Ai.w A..w Pn/c+un i
SOIJRCE Spdksne VsNey Finsnoe OeQartrnerd
In January 2006, building inspectors performed 820 inspecxions in 20 days. This averages 41
inspections per day. This represeMs 60 more inspections than perfamed in Jartuary 2005.
The Pians Examiners reviewed 56 projects in January 2006_ At the end of January, there were
7 projects awaiting review.
ZM sUrswO w.oecdom
,:oo
ioao - - - -
~oo : _ - - ~ - - -
n - . - • _ . ~
. . •'s r. nu ~br ,rn ,n xy nao.: . , ,
~:mq Nrcits■ ! ~.'C I ~ . I I
, • 7~'lMt~ttA~: I Y• YC . R77 , ~ tll', Y~ Wt1L JU 'A•~7 .
The Building Division is pleased to wetcome Anita Blake as a Permit Specialist.
The City completed its review of all right-of-way pavement cuts for permits issued in the City
prior to the end of 2005. M expanded report on the perfonnance of the Regional Pavement Cut
Policy is being prepared for consideration by Council in February. Scoti Wallace, ROW
tnspedor in Training, is continuing with his cornputer clssses and has alreacty begun ROW
Inspedion adivity.
I
Page S oi 7
,
City of Spokane Valley
Departrnent of Community Development
January 2006 Monthly Report
CODE COMPLIANCE:
The number of "Violations Reported" on the following chart reflects actual Spokane Valley
Zoning Code violations, plus complaints received which were not violations. The camplaints
received are added to the total because they refled time officers spertt in the field conduciing
investigations. In addition, the "Investigated" and "Pending" oolumrts accuratery retlsct Code
Compliance's current ability to procesa and investigete backlog cases.
The follawing chart provides a monthly companson of the types of Spokane Valtey Code
violations reported. V'colations are reported based on the primary complaint received, rather
than the number of additional violations identified on any individual premises. The irnestigation
of a complaint of junk vehicies, for example, may also result in identification of additional
viofations such as the acxumulation of Vash or harbaring of livestodc. These are not included in
the summaryA total of 52 complaints were processed in January.
COOE COM PLIANCE STATUS REPORT
701`
15c -
+ n~ - -
t:eb 05 binr-03 Rp 05 Mey•05 Jun 05 Jut-05 Aup 05 Seo-05 (3ct•05 Nov-US Oec-05 .Jart-08
oVo43tton5 i+epnfted Ol.GSt9rrr.rt5 ❑rde 1ran5Icr=, p F~ridng FJe&
Activity is consalidated into the following six categones: Environmental (seweNseptic, cntical
areas, animat and nuisance violations); Property (Right of Way, property use, dangsrous
building, landlordltenant, illegal business and signage violations); Junk Auto; Solid Waste (solid
waste, Illegal dumping, and household waste violations); Clearview Tnangte and Complairtt -
No Violation.
2006 COD! COMriIANCE REPORTS lOp typ*)
tNri
MX
N1L 1
ii
wM ~yI
~Jie-00 ;►Am IYrd ApO~ IWMrft Ae►p hIM iA.WA !WA Oa►Oi ift►MIOM48
!tl C~ti • IY YMIOOn ; f4 'I
7 brl NNr I 11 ~ I
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I
~OBMwIn~~M 7~1 1 .
Page 6 of 7
City of Spokane Vailey
Departrnent of Community Qevelopment I
.Jankparv 2f1(16 Monthlu Reno►t
r:f.yt►_+'i :1~;: •~tl.~
Planning
The Planning Desk handled 289 phone calis and talked to 395 walk-in customers at the
Planning Counter during January, which peaked on January 24°1 when 33 customers were
served at the Planning Counter. The Heanng Examinef held 2 land use hearing during January.
Building: Permits
The tallowing labie summarizes the performance of the Permii Center for those permfts entored
in the PLUS system, measured from the bme that the application is deemed "courtter-compleie"
to the time that a permit is issued. Values shown are those on which Plan Check and Building
Petmit fees ate based. The chart inciudes average, minimum and maximum times. Delays in
the issuance permits may result from inadequate or incomplete submittals, failure of the
applicant to pick up the peRnit, etC..
Jan-06
~ valw o
C ~
~IEw CoNSTRUCTION
IndusMal @uild' 3 s1p 006 00 25 ! 37
Of}ImlProfeubnal 2 60.000.00 95 13
R.EJRODEL ~
Et1uCaUonal - f'tivale 1 2,038.00 5 5 5
Indtstrial Buildup 1_ 6,200 00 1 1 1
Memsrdi 3 106 000.00 15 7 25
0lricamNoksdonel 2 144,266.00 17 8 26
ious BulW 2 78,850.00 40 3 78
ADDITfON
EducaUonel - PuDlic 1 51,9W.00 28 26 2d
The Permd Cenier has been Uackmg tumaround for Right of Wey Permit Appticauons _and the
faxeci Mechanical and Plumbing Permit Applications At present the City respands tc-,
BppFiCdt10f1S W1tf'll[I 24 f'IQUf , .'y''p6('3lRv t-)}, of-: '11-
-
Building: Ins,,:
Inspections are . . _
holidays. Currently we are using one on-caH mspector, Tom Meiboum to not onty hefp with
inSp@CtiOn 103d8, but to perform all of our resideritial plan reviews.
Code Compliance
All pretiminary investigations are conduded within 24 hours except those received on Fnday
wiiich are investigated befare the end of the next business day.
Permit Center
There were no surveys returned during the morrttt of January.
Page 7 of 7
Spo£ka:~e , Vall.ey .
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
• 509.921.1000 ♦ Fau: 509.921.1008 ♦ cityhall@spokanevalley.org
_ ~ - .~.o,. • r •
Memorandum To: City Council
From: Tom Scholtens, Spokane Valley Building Official
Dat@: 2.21.06
. Re: Hazard Inventory and Vulnerability Analysis (First Touch) The Spokane County Hazard Mitigation Committee has been meeting monthty since
September working to identify the various hazards that are present in our community
and to rank our vulnerability to those hazards.
This effort is mandated by the Department of Homeland Security and we are required
to generate a County wide analysis. With that requiremenfi, I expect the plan to be
rather generic, and the action plans generated as a starting point for mitigation, to be
not necessarily community specific. That specificity will come later, after this plan
r` has been accepted by the state DEM and FEMA, and then brought back to the
~ respective legislative bodies for final approval. Staff will propose a resolution for
Council'sapproval in late summer or early fall, after DEM and FEMA have reviewed
and accepted the document. .
Approval of this plan must- be accomplished in order to be eligible for any FEMA
mitigation funds or grants. After the plan is 'reviewed and approved, Staff will be
abte to identify specific action plans for mitigation projecfis. Those specific action
plans would theri be eligible for federal funds to accomplish that mitigafiion effort.
' Not only has City staff been involved with this committee, Spokane Valley citizens
have also been taking *part. We'expect the plan to be finalized next month, and
intend to present a PowerPoint to City Council to update them on the work that has been accomplished thus far.
A website is available with the Spokane County Hazard Mitigation Committee meeting
minutes: .
http://wti-Av.sqokanecountv. orq/emerpencvmqmt/mp.asD
_ S~ioka.ne
,,,oOVaHey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley V/A 99206
509.921.5000 ♦ Fax: 509.921.1008 ♦ cEtytlall@spokanevalley.org • ,
Memo
To: City Council
From: Neil Kersten, Public Works Director
. Date: February 10't, 2006
Subject: NPDES Phase II Permit
Tlus memo is to in_form you of the development of the new i~IP. DES 1'hasc II permit and its
impacts to the City of Spokmic Valley.
'1 hc City of Spokaiie Valley is listed in the pcrmit as one of the jurisdiciions required to obiain a
permit. Under fcderal regulations; local juristlictions -vvhich are located vvithin census defined
urbaiuziug arcas we.re required to apply !'or coveragc under the Pliase lI municipal peniiit by
March 10, 2003, a few weeks befare the City incorporation. Jurisdictions thai: liave not applied
_ for the permit ]iave rivo options: l) file 1'Notice oi' Intent (1(Oi) by the li.1ne the permit goes into
f
effect, centativelY SePtember 2006 or 2) !1PPIY or the Permit bY Febru~'Y 15 ~
t1i 2006.
~
Elpplying by Febn»-y 15`t', 200b is bencicial because:
•Advertisement and a('oriiial coinment period are required as part of the _N101, wliich
NNrould not be rcquired iC applica.tion is by 211510E. Lcology's fot-iiial comrnent Period for
the final ciraft permit would takc care of the adveriisement aud public iilvolvement
requireinents for all jurisdictions that applied by this. date.
The City is Plan.ni.ng to submit an applicaiion by February 15t', 2006, so ~ve don't hnve to gn
through the public caminent period for the pernut application. Spokane County has also decidcd
to apply for the perrnit. .
.BACKCRQ1TiVll NIPDFS star.tds for iNational Pollutane Disctiaree Elimination System (vT'L7LS) and St:ate \Vaste
Discliarge Gcncral PerRiit for Dischaa-ges from Small Municipa] Separate Staren Sewers iil .
Eastcrn Washulgton. 1"he tNPDES Phase Ii pennit authorizes discharge to waters of the State. 1`he pernii t ciefiiics walers of the state as those waters as definccl as "Waters oi° the United States"
in 40 CFR 122.2 ~vithin the geoaraphic boundaries of Washington Srate uid "Walers of the
State" as defincd in Chapter 90.48 RCW which includes lakes, rivers; ponds, streams, inland
waters; itnClergcOUIld WaTErS, salt watcrs and all otllcr surface watcrs and watcr cour;es within the
`f jurisdiction of the State of VVashington.
According to Lcology, this pen-nil is applicable to ovners and oper.atnrs of regulated small
municipal separatc storin sewer syslem (MS4s). The prelimuiary ciraft perrivt stated tYiat the
requirements or this permit are applicable and shall be implementcd tllroughout the entire
incorporated area nf the City.
A regulateci ViS4 is a small 'M54 which:
a) ls located witlun, or partially located within, an urbasuzed az•ea as defned by the latcst
decennial cciistis conducted by the US Biu-eau of Ccnsus; or is designated by the
Taepartment pursiiant to eitlier 40 CFFZ 122.35 Ur 40 CFR 122.26(fl; and,
b) Discharges storniwater from the MS4 to a sui-f.'ace water oF Washington State; and,
c) Is not eligible far a waiver or e;ccmption.
lhe contment perioci for the fina( perinit is froin Pebruary 16°h tU vfay 19'n, 2006. Lcology
expects to issue the permit on September 29`h, 2006. Jiirisdictions under tlus permit are requirEd
te have a stormwater manual equivalent to the State's manual. Our goal is to have our
stonmwater manual ac(optcd tlirough orduiance by September 2006. "I`his would require
sigiiificant time .for coordination with Lcology and Spokane Caunty. The manual would be
introduced to the planning conimission in July 2006.
k'FR.MTT REQUIREMENTS .
The permit requires the City to develop aiid implement a Stormwater Management 1'rograui
(SWYfP) during the tern-i of this permit. The SNVMP iiiust b.e fully implemented bef'ore the
cxpiration of the perniit (5 years after it goes into effect). 1`hc SWiv1E' shall include the federal
"six-plus-two" miiuriium requirements that say inunicipalilies must havc the follotiving elements
in place: 1. Public educalion and outreach
2. Public involvemendparticipa.tion
3. Yllicit discharge detection and elitnination
4. Construction site scarmwater rtuioff control
5. Post c:onstruction siormwater management
6. Polluiion prevention/goocl housckEeping
Plus:
o Rcquirements based on an approved total ma.6mum daily load (TMDI., or water
clcanup plan) or equivalent analysis
o EvaluaCions of program compliance '
Spokane County Libraxy District .
Spokane Valley Library Services and Di.sfirict Suppoxt
Report to the City of Spokane Valley
Janua.Xy 2006
B , SERVICES
Custoiner use measures, Distr.ict-`vide
As is stated later in this repqrt, the year began writh a solid inrrease i.n materials circulation over
last Januaxy,ll% over.all. We also havE 9% m.ore registered borrowei-s than last year at this time-
109,937. '1'hat's aUout 47% of our tota.l service area poptdadon, less than we'd like but going in the
right ciu-eci-ion. Altllough t11e cioor count was dwti*n 8%, due to equipment kailures at hvo
loeations, it wa.s ncccssary to malce esti.matES for hhe doNvn riine. Likc last year, tccl-mology-related
nleasures zre for th.e n1USt part contuiuirig to ulcrease.
Libra.ry resources, District-wide
LiUrary materials ad.ditions and deletions resulted 'u1 a net increase of 1,532 iteirs in the coUPCtion,
for a total of 398,847 (inclu.ding periodicals).
Customer use measures, Greater Spokane Valley
Spokane Valey l,ib.eary had a banner iilonth. Almost all nleasur.es are signi.ficantly higher than •
Jar►uary 2005 with a 36°,6 ulcrease in reference inquiries leacling the way. Most measures are also
higher at Argonne and Okis Orchards.
`Library r.esources, Greater Spokane Valley •
1,617 items were added to Spokane Valley Library's collection in January and the toral collectian
sizc at d-ie end of the ironth was 1.13,616. AnothEr 64,343 items arP located ar Argonne and Otis
Orcharcls for a totall of 177,959 in the greater Spoka.ne Viffley ar.ea.
Sclected January 2006 Sfiatistics
Circalatian Door count Reference Program Sofhvare StaHnn
Inquiries Attendance Bookings
YTD YI'D to Y"CD YT17 to YTD YTD to YTD YTD to YTD YTL) ra
2006 2005 2006 2405 2006 2005 2006 2005 2006 2005
SCLID 162,4161 11.1°w' 1 68,668I- 7.9i5 'I$,992 I-11.9%I 3,7161 - U.9%i 12,000 -1$.4°,6 '
Spo Valley I 42,645 I 52% j 23,5501 32.1% 6,7201 36.3% I 8021 -10.1% I 4,126 - 9.4%
Argonne I 10,483 8.0%1 4,482 - 20.4% I 1,0511 14.7%1 1.02 I- 75.7%1 5221 - 53.7%
I OHs 1 7,~1.30 I 4.1% I 2,4113 - 29.7%1 6141 - 9.21 1561 143.8% 573 I -9.2%
I 5ubtatal ( 60,25$ I 5.69b 30,475 13.2",6 $,385I 28.5°ro I 1,0601 - 7..6°i6 5,2211, - 17.3% `
°/o SCLD I 37.1`Yo I - I 47.9% I I 44.2% I I 28..53'o I ( 9,3.5%I ~
PagP 1 of 5
Ja.nua.ry 2006 Registered Custouiers by Branch of ltegistration .
2006 Total "/o of YI'D Change % Adult % Youth
SCLD from 2005
Total 109,397 +8.6°r'o 7496 26%
SCLD
Spa Valley I 36,5971 33.5% I + 7.7 % 769b 24%
Argonne 9,7251 8.996 +6.8°w' I 77ro 23%
Oris 5,692 5.2% + 5.936 I 679b I 33l0
~ Subtotal ~ 52,01.4 47.5% + 6.9 % ~ I
At bxanches serving Spol<ane Valley resideiits...
Regiottally: The first half of the nlonth was focused on getting Maran Prairie ready for opening,
t:hanks to the cooperatian af n1any sh~ff froin tliroughoui the District. -
"1 he tVter $chool Special this month was Cabui Fever. Summex storykimes will bc tied to the
su.mmer reading program theme: Paws, Claws, 5cales, and Tales. The library card ca.mpaig n for '
second graders, "Your Card to Advenlure;" has been received with opEn ai-ms from the schvols.
We're heari,ng• Erom schools that we have had trauble gett7ng into for Summer Reading talks.
Circulakion at all regional libraries increased in their circulation conlpared to January 2005.
Customers have been very positive about the addition of hours. An unintentional benefit that we
have reeeived from the Sunday hou.rs is the big ciifferEnce it makes on ou.r workload Manday .
morn.i.ng (Tuesday for Monu1 Prairie).
Branch highlights: The pattern of high attendance at Spokane Valley storytimes i.n Januar.y was
reflccted in the 20 people at Baby Lapsit, the biggest group u1 about a year. Youth servrices
superti=isor Mary Ellen Bralcs wEnt to 1Family T i.ter.acy \iight for the Central Valley Pr.eschool
Special Educ:alioct program that was very successful for us as she talked with at leash 60 children
and their pareni:s or grandparents. Whcn she handed oul• our hours, the biggest response she got
was hotv happy the families vvere that we are open Sundays. F'ollowing the pattenl of the olller
branches in the region, Spokane Valley T ibrary circulation was 5.2% higher than last January zu1d
there were 556 new customer rc:gistrations.
Argonrre's display case received more attention L•han any i.n rceent mcmory. It was a winter
scPne-actually hvo, one on each shelf-oE houses, churches, a bzu11c, post office, etc., made of
neetllepaint, with cottony snow all. around. The montli s most unu.su.al inter3ction was an email
from a 13-year old boy in California who collects libra.ry cazds and has desipned a web pa~c, abour
his collection and is appareRltly hoping to get cards from a11 over the country. He says he has morc .
than 1,000 now. .
OCis Orc)rards had a modest circul7tinn increase of 3.93% from last Janua:ry and 53 new cards
were issued - the first incrcase at Otis foz quite a while. Two boys exchanged punches on the
lawn; staFf didn't see anything until the next day when one boy walked in with a split lip and cut '
eyelid.
Outreach highlights: 7'he quarterly newsletter was completed. Fairfield Good Samaritan has
extendeci our service with tllern to includE library custome.rs at their new jNheaton Terrace assisted living facility. We're in the initial planni.ng stages with the Spokane Valley Meals-On- 4Vheels progranl to see how we can wark togedier to serve the same people, vvith potential for the
Page 2 of 5
pcnple wllo cleliver nlcals t•o also del,iver books far homebouiid custamcrs. The Spokane Valtey News 1-Ier•nId Ne•rvspaper published an article on Jan. 27 abou.t the seivices that SCLD Outreach
~~oviacs. Friends of the Library: other Distrirt
C/teney: Thc Cheney Friends oF the Library met and appr.oved hulciing the Su.mm.er REaciing
inrentive program. a.nci began the process of eoordiilating their yearly bool< salc fundraiser. Thcy
were very impressed by t}ie new rruignets, new hours, and ncw phone number handouts.
Deer Pnrk: l)eer Park Friends held a mini-baak sale in the meeting raom during the annual
Winterfest celebration.
• •
Collections
•'a'he year got off to agood sl•art Gvith 1,0502 titles and 5,593 copies Ueing orde.red in January.
•We p.roeessed and sent out 6,611 iten-is lo branc,hes; 4,916 items, excl.u.ding*periociicals, were
deleted from the s}tstem.
PrQgra m ming ,
■ Siunmer reading prngrain plan.ning bcgiuz.
■ T'hE Fur 1fte 1..o7;e of Movic:s series at North Spoklne and Spoka.ne Va11Ey debuted i.ts "fainily fun
fQr everyonC" theine in 2006 rvith WFdnesday evening nlovies int•ended for older teens a.nd
adults and Sahirday afternoon movics targeted lo clulciren and d-ieir parents/carEg-ivers.
• Web Basi:cs was offered. tivice at NQrdi SpokanE rvith attenda.nces of 10 and 3, respecti-vely;
Carrcpccter Basics was ofFered. at Argolule with an attenciance of 10.
•`I'oddler starytimes began at tilaran Pra.irie-a first for the bra.neh-u1 Januaiy a.t1d attEnciance has been growu1U steadily, with a high of 36 toddlers on the 26th (ihat's a lot of toddlers!).
Other
■ Ingram sent a nol7ce that thcy are now charging for shipping charges exceeding 3.5% of ar►
invaice. .We estimate dlal this coiild be as much as $3,500 for the year. ■ Youth Serviees caardinal•or Thom Barthelmess werit ta Eugene, C7R, to help moderare/facilitate
a mock Newbery discussion,as part of the Oregon Library tlssociat7.on with two of their choscn
litles makulg the (i.nal. list- Crrss Cross and Hitler Yac.itli. .D , O
New Moran Prairie Libi-ar.y
The "so.Et" opening of our ncw lvTaran Pr.airic Library on januaiy 10 was anything but soft in tFa-ms
of use, with cirrulation nQt Ear bc;hind Norl•h Spokanc's. On the followulg Saturd.ay, the rair► didn't
appEar ta dampen spirits far d-ie grancl opcnuig. Although the newspaper article thah appeared
foIloxving the opening mentioned only 70 peoplc, the door cou.nt that day was 1,170 and dhere
4vere 1,074 checkouts. The cake was quickly devoured arid the magician entertained a lot of l:ids.
ThErE 4vere s.tniles all around.
Not unexpectedly, custonler. r.eaction has been quite pdsitive. The kicis' room is an especially big
hit. People aze usu,c,, the coin-op cQEfee machine in the Iounge arca Uy the patio. They've r.eadily
taken ta self-checkavt, and kids as young as four ar five are using it witil pazEntal oversight.
1'age 3 of 5
TelECOnununications T3y Lhe enct of January the new phonc syslem tivas opcrating relatively well, Uut nnt witliout a few ,
continui.n.g issues thafi are bei.ng workcd on. 13eeause of otu heavy depend.ence on phones in
praviding our services, the stafYs learning eurvc has necessarily been very steep. it's not unlike
learn.ing how te use a neNv piece of soft,waxe-becau.se thaYs what it actua.lly is.
Qwest (with IT nianag•er T'riscilla Ice's assishance anci pradding) conkinue to work at untangl.ixtg its
mess regarding circuits that wer.e to have been d,iscon.netted (but weren't) when we cirapped the
franle relay data network this summ.er-and for which bil.l.i,ngs continued. Al• some point it lonks
like we`ll receive i-n excess of $30,000 in ref.unds and creciits.
Expanded hours
Expanded library hours-Friday mornuigs and Sunciays at Cheney, lVorth Spokane, u1d Spokane
Va[ley as well as somE other fine tu.tting-begarl the first week of the month. Not surprisingI}',
public reaction has been positive.
Business was describeci by staff as steady on Sundays, with the door count and circulaEion
increasing thraughout the m.onth. As noted in regional reports, witi1 Su,nday hours, Mondays
have been much less h•rctic than before and mare lil:e other weekdays. Friday nlornings a.re prCtty
much as expected, with people able to get in rather than the usual scenario of unsuccessfully
Lrying the deor.
State Legislature Tlie 2006 legislahve session convenecl on Monday, Ja.nuary 9 anci by the end. of the month more
thaci 1,$00 new bilLs had been i.xlLroduced, added to the several thousand held over from the 2005
sESSion. I got back in the saddle agai.n, reading and evaluahing proposed legislation Yhat might _
impact IiUraries and assigning the ratuigs that drive Washington i..ibraxy Association leg,islal•ive
aclivity. Since this is the shorter 60-day session, things m.ove quiekly.
Some of the bills of niost interesh to SCLD are the ntulti-year levy lid override bill (SB 5333/HB
1446); a bill that would. providc further exemptions franl public disclosure for public employec
personal i.nformation (SB 5732); a bill that would requ.ire state agencies to provide copies of
e]ECtronic doctur►ents to khc State Library for jrchiviiig (SSB 6005/SI IB 2155); a_nd a bill that
ulcludes basic requirements for sChool Ji.brary media cente.r progran-ts (SB 6436/I-~I3 3098). Bills
have until Pebruary 3 to pass from committee and Pebruary 14 ta be approved 'ui the house af
origin. '
• • i • •
• Coordi.nated and staffed Moran Prairic Grand Opening.
• Continucd planning for the February Your Cczrd to Adventrire 2nd grader library caxd signup
campaign.
■ Caordinated or facilitatEd five articles that r1n in the Spokesmnn-RPViezu, its Valley Vnice section,
and tkie Spokane Vnltey Nexvs-Flerntd.
HUMAN •
■ Four page positions and one librarian position were filled and two transfers werc approved. '
■ An Occupational Ergono.mics 'I'herapisl• for Labor & Industri.es will be conducting three
krainang sessions on preventi.ttg carpel hunnel syndronte un late February and early March.
• Paul artended the ti1TCIF/WCIP mecting afi Sea-Tac, his first as Presicient oE WCIP.
Page 4 of 5
~ INFORIMATION O • '
• The new phone system and other Qtivest issues don-dnated the month. By the end of it, nlost of
the uzstallatian was completc, Uut quality ar1d perfoi-nlance issues will carry over inl•o
FeUruary. ■ Meanwhile,152 new staff coinputers weee ordered and received; lhey'l.l be i.nstalled. th.rough
the spring. • Awirel.ess v-LA\i far public t~e was r-rcated -wZd installEd at Spokane Valley a.nd Moran
Prairic for testulg. Both unstallatiqns worked very well and were found by users right away.
'Che routers we FirC uSing makE thiS a very eCOnOmical PrpJect.
■ DuE to a server failure, the Telns (computer booking aiid lirne control) so.[tware upgrade was
doilc <<trliEr than planned. Because iYs tied in with the UiuCQrn system, we're able to bl.ock
. pat-rons who owe $15 or more from baokings. - - - -
• The IT department worked Qn the Ivforan :Prairie move duri.ng the .f.i.rst week of January, setting
up botlt old and new computer eqtupment and phones in d-ie new building. 1'reparations were
made for Moran Pra.ir.ie Library equipment i.nstallation during the movc-in weck.
, PURCHASING ,
. c
■ In conipliuzce with the Clean lndoor Air Act, "No Smoking" decals were placed at all Uuildulg
- entrances.
■ 2005 W-2s tirere compleeed and. aash-ibuted to employecs and the Sociai Seci.uity
Aclnvnistration; 2005 Il2S Form 1099s were completed and distTibuted. to vendors.
- •'rhe 2006 sa(a.ry rates, insurance premiuni rates and 'uldividua1200b employee payroll
deductions were all entered into the ABRA payroll system.
■ The Distri.ct's 2004 finanrial statements and footnotes weee reviewed and ed.i.ted for the final
time. The doctunent is nQw u1 Conformance wikh an'alter.nate presentation" to GASB-34.
02/16/06 mJw
. A
, Page5of5
S
4;00 Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Vallcy WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
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Informational Memorandum
To: City Council - Meeting February 28, 2006
From: Louis Graf, Engineer (CIP)
Thru: Neil Kersten, Public Works Director '
Steve Worley, Senior Engineer (CIP)
Date: February 28, 2006 Re: Project Status Report - PineslMansfield Corridor Congestion Relief Project
Project Funding
The Pines/Mansfield Project isjointly funded by the Federal Congestion Mitigation and
Air.Quality Improvement Program (CMAQ), Washington State Transportation
Improvement Board (TIB), Developers, Spokane Transit Authority (STA) and City
funding. The total budget for the project is $4.50 Million. The local match to be provided
by the City is estimated to be $41,000 (0.9%), which consists mostly of staff costs to
, manage the project.
i J
~ Proiect Description .
This project will reconfigure the WB ramps of I-90 at SR-27 (Pines Rd.), using the
existing slip ramps to Indiana Ave. and Montgomery Ave. WB off-ramp traffic will use the
slip ramp to a signalized intersection at Indiana Ave. WB on-ramp traffic will use the slip
ramp at NAontgomery Ave. To improve operation of the WB on-ramp and ensure safety,
the portion of Montgomery Ave. between Pines Rd. and the slip ramp will be one-way,
westbound only. Therefore, to provide access to Pines Rd. for the properties west of
Pines Rd., Mansfield Ave. will be improved to a three-lane section, with a traffic signal at
the intersection of Mansfield Ave. & Pines Rd. Curb, gutter, sidewalks and bike lanes
will also be constructed. In addition, a signal will be installed at the Mirabeau Pkwy &
Pines Rd_ intersection to bring this intersection up to an acceptable LOS. The
intersection of Pines Rd. and Mansfield Ave. will be reconstructed with concrete
pavement to allow for turning transit buses.
The intersection of Montgomery/Wilbur/Mansfield currently consists of two closely
spaced "T' intersections. This configuration does not have the capacity to support the
proposed traffic patterns and projected traffic volumes. Due to right of way constraints,
traffic volumes and awkward geometrics a 3-legged roundabout has been determined as
the best option for this intersection (see attached memo from Inga Note).
Proiect Status
Design Phase - Construction plans, specifications and estimate are being completed by
Spokane County for the portion of the project outside of WSDOT access control on
Mansfield Ave. and the intersection of Wilbur/Mansfield/Montgomery. WSDOT is
Page 1 nf 2
responsible for completing plans, specifications and estimafe for the Pines (SR27) =
portion of the project. .
Environmental Permitting - Spokane County is currently working on the environmental
permitting phase. This consists of completing an Environmental Classification Summary
(ECS) to satisfy NEPA requirements. Two studies were required to support the ECS. An
archeological survey was performed which did not yield any significant cultural resources
in the project corridor. A noise study is undennray to gauge the noise impacts from the
proposed project. When this study is complete the ECS will be submitted for review and
approval by WSDOT.
Right of Way Acquisition - After environmental approval is complete the right of way
acquisition phase can start. This will include appraisals, negotiations and acquisitions for
approximately 17 partial takes.
Schedule - The project will bid immediately following right of way acquisition. If the
project is bid in early May construction could be completed in 2006. If it is bid later then
construction would be completed in 2007.
Page 2 0 F 2 '
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40; 11707 E Sprague Ave Sufhe 106 ♦ Spokane Valley WA 99205
509.921.1000 ♦ Fax: 509.921.1008 1 cityhall@spokanevalley.org
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- Memorandum - - :=-i. To: Steve Worley - Senior EngTneer From: Inga Note - Senior Traffic Engineer . •
CC: Louis Graf - CIP Engineer
Date: 1/30I06 Re: Pines-Mansfield Project , Operation of new intersection at Montgomery-MansfieldlWilbur
The intersection of Montgomery/MansfeldAVilbur wil) be reconfigured as part of the Pines-
MansFeld project. 1'he two options urider considerition include a 2-way stop controlled intersection
where the east-west movement would have the right-of-way, or a roundatloul.
Based on an anatysis oF the current and future tratfic volumcs, my recommendalion is to eonstnict a
roundabout rather than a 2-way stop eontrolled intecsection. This decision is ba..sed uFon the
0 following. . '
1. `1'he 2-way stop would introduee a new stnp sign on what cureently functions as an east-to-
Nvest through route. A significant volumc of vehieles exits WB I-90 to WB Indiana, passes
through the sigmal at Indiana/Pines, and continues westward on Montgomery. It is unlikely
that traffic currenkly followi.ng this route would change their travel path to turn north onto
Pines, then west at the new Mans#ield signal. . '
Some of the traffic euirently ma.king a northbouncl lcft at Indiana/Pines may find that
continuing straight through the Indiana/f'ines signal and turning left at Mansfield is a aetter
rauCe. Apprnximately 50% of the existing NB lefts are expscted to make this change.
2. Using the travel pattern assumptions above, thc 2-way sCop intersection would aperate with .
the following levels of service and delay:
Year ANr Peak ~.P`Z Peak ~ Nates
2005 NBL - C(22.1 sec) ~ NBC. - D(25.2 sec). I -
2015 NBL - F(55.4 sec) NLiL -E (49.0 sec) 2015 assumes 2% annual
SB - E(39.2 sec) gro-,vth on all movements.
3.' The failure of ttte NB movements may occur before the intersection mccts warrants for
signaliration, in which case a 4-way sCop would provide a temporary operational
improvcmenl.
4. A rouncfabout would allow all movernents to operate at an acceptable LOS with excess
capacity for growth. Expected volumes and ncak capacity are shown belaw.
Year ~ AM Peak (vehlhr) ~ l'M Peak (veh/hr) ~ Capacity (veh/hr) ~
2005 846 I 1137 I 1800 veh/hr - capacity of
circulating roadway (pg. 87
2015 1034 I 1389 I FFItiVA Roundabaut Guide)
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