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2006, 07-11 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCR. REGULAR ;MEETING Council Meeting #95 Tuesday, .July 11, 2006 6:00 p.m. CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Council Requests All Electronic Devices be Turned OR During Council Alceting CALL. TO ORDER: INVOCATION: Father John Steiner. St. Mary's Catholic Church PI._FDGF. OF ALLEGIANCE: ROLL CALL: APPROVAi. OF AGEN[)A: INTRODUCTION OF STECIAL GUESTS AND PRESENTATIONS: COA1A11TTEE, BOARD. LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: Except where indicated below for "public comment" this is an opportunity for the public to speak on any, topic. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmembcr may remove an item from the Consent Agenda to be considered separately. a. Following claim vouchers: VOUCHER LIST DATE VOUCHER #s TOTAL VOUCIIFR AMOUNT 0,6-26-06 9397-9434 $4-17.289.50 07-013-06 9.148-9166 $1,352,415.35 GRAND TOTAL S1,7",704.85 b. Payroll for Pay Period Ending June 30, 2006: $219,099.65 c. Minutes of June 17, 2006. Council/Staff Retreat NEW BUSINESS 2. First Reading Proposed Ordinance 06-019 for Street Vacation STV 01-06 - Karen Kendall [quasi-judicial matter: no public comment will be taken] 3. Proposed Resolution 06-014 Amending Fee Resolution - Ken Thompson [public eornment[ 4. Motion Contiidcration: Fire District Agreement-Ken Thompson [public comment] 5. Motion Consideration: Precinct Luse - Morgan Koudelka [public comment] 6. Motion Consideration: Collective Bargaining Agreement July 16, 2006 through December 31, 2006 - Nina Regor [public comment] 7. Motion Consideration: Collective Bargaining Agreement January 1, 2007 through December 31, 2009 - Nina Regor [public comment) 8. Motion Consideration: Cost of Living Adjustment for Non-Represented Emplayces - Nina R,egor [public comment] Council Agenda 07.11-06 Regular Mrcting lase t of? PUBLIC COM-NIFl'tTS Except where indicatt d above, for "public cornment" this is = opportunity for the public to speak on any topic. When you come to the podium, plea state your name and address for the record and limit remarks to throe rnhujte~:, 9. Nric.mer=a>ndum c'i rAgeemcnt %Vate.r Resnur Imentory Arm (V4'RIA) Scott Kubta 10. `4t4'eb Properties Lease. - Ken 'lliumpsan INTO Rhi A`r i(), ONLY. ,tAese item.~ ili nx he r,fiscctved ar reponed I(PO".] 11. th,iform € -evelopment Code Lrpdatc -Marina Sukup 12. Model Ja3WGr•i cr gmement - Morgan 1Koudeika 13. Spokane Courrty Communications A,{;r"mrnt Morgsn Koudelka Al),IOIIRN~tF-NT aF L TUBE SC'HED UL.E Rggridar Council ,A ee ings fire geiierallj, held 2 d and 4e' Tuesdaj v, hegrrtn ing at 6:00 p.r& Council Sf q), Yeis'irr= are generaf),,belt! 1 rand 5th 7'ire_rdfays, hegianing in 6:00 firs. Olher Tenta ive Cf rvmar~ *tiatra ,eratx: N 0M - [ndividtws Flag to aitend the met6ng Who rquirc a°inl aZis tx to VcC jnn-wd131C pj-v5dC«[. J$C rtin& of 0115cr impairmr_nta, pitme Contaut the t` iIv C1rrk a2(%9) 9? 1-1000 as t-oan m possi'htc so d at wmn tr:r caU fm.av be nu-Ac Council Agee 4 0 7-1 1 416 RcgL-Tnr Meeting Pag£ 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 07-11-06 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: BACKGROUND: VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 06-26-06 9397-9434 $447,289.50 07-03-06 9448-9466 $1,352,415.35 GRAND TOTAL $1,799,704.85 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Jason Faulkner ATTACHMENTS Voucher Lists L~ i" vchlist 0612612006 4:10:17PM Voucher List Page: Spokane Valley 1 Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 9397 612612006 000921 A TO Z RENTALS 56263 CENTERPLACE CHAIR RENTAL 127.71 41129 56693 CHAIR RENTAL 170.28 Total : 297.99 9398 6/26/2006 001087 ABC LOCKSMITH 8379 SEE INVOICE 12.95 Total : 12.95 9399 612612006 000335 ALTON'S TIRE INC. 000335 OIL CHANGE-05 CHEVY SILVERAD- 22.33 Total : 22.33 9400 6126/2006 000135 AMERICAN PLANNING ASSOCIATION 12840-060604 APA DUES-MICKI HARNOIS 220.00 Total : 220.00 9401 6/26/2006 000791 ARMSTRONG ENTERPRISES 1061406 41152 SAFETY TRAINING 350.00 Total : 350.00 9402 6/2612006 001012 ASSOCIATED BUSINESS SYSTEMS 093829 MONTHLY CONTRACT BILL-RICOH 1,703.02 23073A 1 STAPLE REFILL 141.18 Total : 1,844.20 9403 6/26/2006 000030 AVISTA UTILITIES June 26, 2006 STREET LIGHTING/SIGNAL POWEF 20,213.23 Total : 20,213.23 9404 6/26/2006 000918 BLUE RIBBON LINEN SUPPLY, INC. 8725006 SUPPLIES PER INVOICE 260.86 S0032476 6/8/2006 INVOICE 202.19 Total : 463.05 9405 6126/2006 000863 CENTURY WEST ENGINEERING CORP. 023136 40976 CENTURY WEST TRANS. PLANNIN- 2,335.61 Total : 2,335.61 9406 6/2612006 000729 CH2MHILL INC. 102349 40561 CH2M HILL BARKER ROAD P.E. & F 18,357.94 3557566 40561 CH2M HILL BARKER ROAD P.E. & F 29,201.57 Total : 47,559.51 9407 6126/2006 000109 COFFEE SYSTEMS INC 41009 COFFEE SUPPLIES-CENTERP LACE 77.90 41010 3 GALLON FILTER 27.15 Page: 1 vchlist Voucher List Page: 2 06126!2006 4:10:17PM Spokane Valley Bank code : apbank Voucher Date Vendor 9407 6/26/2006 000109 COFFEE SYSTEMS INC 9408 6126/2006 001080 COMPUMASTER 9409 6126/2006 001084 CUSICK, JENNIFER 9410 6/26/2006 000683 DAVID EVANS & ASSOCIATES 9411 6/26/2006 000537 DAVID EVANS AND ASSOCIATES, IN 9412 6/26/2006 000028 FARMERS & MERCHANTS BANK 9413 6/26/2006 000171 GEIGER CORRECTIONS CENTER 9414 6/2612006 001086 HILLYARD SENIOR CENTER 9415 Invoice PO # Description/Account Amount (Continued) 41208 COFFEE SUPPLIES 133.87 Total : 238.92 8759574 41143 EXCHANGE SERVER 2003 WORKS 995.00 Total : 995.00 6/14 reimb SUMMER CAMP SUPPLIES 152.02 Total : 152.02 196549 40562 DAVID EVANS & ASSOCIATES 2,730.00 195691/194706 40861 0016 - APPLEWAY - DAVID EVANS - 21,423.41 Total : 24,153.41 196550 40918 DAVID EVANS & ASSOC. 5,785.00 Total : 5,785.00 1 829 6/13/06 GENERAL CITY CARD #1 554.37 1852 6/13/06 BILL DATE 6/13/06 1,027.05 5045 6113/06 DEVLEMING STATEMENT 6/13/06 36.23 Acct #1225 7/8106 STATEMENT DATE 7/8106 784.66 Acct 1563 6/13106 6113/06 STATEMENT 99.02 Denenny 6-13-06 DENENNY MASTERCARD 6-13-06 50.00 Mercier-6/13106 STATEMENT DATE 6-13-06 589.06 Thompson 6-13-06 K. THOMPSON MASTERCARD 6-13- 255.20 Total : 3,395.59 41500036 MAY 2006 WORK CREW INVOICE 4,562.91 Total : 4,562.91 June 7, 2006 TRANSPORTATION BILLING TO W; 15.00 Total : 15.00 6/26/2006 000022 INLAND BUSINESS PRODUCTS, INC. 54047 5 EMPLOYEE ID CARDS 73.23 Total : 73.23 9416 6126/2006 000117 JOURNAL NEWS PUBLISHING INC. 27838 NOTICE OF ORDINANCE PASSED 43.50 27839 NOTICE OF ORDINANCE PASSED 139.50 2 vchlist Voucher List Page: 3 06126/2006 4:10:17PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 9416 6/2612005 000117 JOURNAL NEWS PUBLISHING INC. (Continued) 27840 NOTICE OF PUBLIC HEARING REZ- 90.75 27841 PUBLIC WORKS-BID 06-012 46.50 27842 INVITATION TO BID #06-011 4500 Total 9417 6/26/2006 000864 JUB ENGINEERS, INC. 0039387 40982 0022 - JUB ENGINEERS, CONTS. IN Total 9418 6/26/2006 000652 OFFICE DEPOT INC. 341554751-001 41146 COPY PAPER 342012122-001 41149 MAXELL AUDIO CASSETTS 3420160003-001 41150 OFFICE DEPOT 342139844001 PAPER, THERMAL Total 9419 6/26/2006 000512 OFFICETEAM 15947472 JULIE CHASE FOR WEEK ENDED 5 15992446 JULIE CHASE FOR WK ENDED 60 Total 9420 6/26/2006 000691 OLSTEN INC. 62490499 COURTNEY SLAZINIK 62507338 COURTNEY SLAZINIK WK END 6/4/ Total : 9421 6/26/2006 000119 PIP PRINTING INC. 1330034496 POOL PUNCHCARDS 1330034498 41119 BUSINESS CARDS Total 9422 6/26/2006 000494 PRO PEOPLE STAFFING SERV INC. 13,404 DAVID DUPPER & BRETT JOHNSOI 13,738 DAVID DUPPER & BRETT JOHNSOI Total 9423 6/26/2006 001071 ROAD PRODUCTS INC. 005154 41123 PEP-OIL ON BANNEN ROAD Total 9424 6/26/2006 000324 SCWD #3 6/13 invoice WATER-1508 S WOODRUFF RD Total: 9425 6/2612006 001066 SHARP-LINE INDUSTRIES, INC. 06940 41110 DURABLE PLASTICS FOR SCHOOL 365.25 611.29 611.29 1,232.92 66.47 95.55 29.54 1,424.48 660.00 395.00 1,056.00 665.29 239.20 904.49 121.03 147.35 268.38 1,022.68 1,136.76 2,159.41 996.95 996.95 120.99 120.99 49,999.98 Page: 3 vchlist Voucher List Page: 4 06/2612006 4:10:17PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # 9425 6/26/2006 001066 001066 SHARP-LINE INDUSTRIES, INC. (Continued) 9426 6/26/2006 000172 SPOKANE COUNTY ENGINEER VLY0605 9427 9428 9429 9430 9431 9432 9433 9434 612612006 000323 SPOKANE COUNTY UTILITIES 6126/2006 000898 SPOKANE PROCARE 6/26/2006 000311 SPRINT SPECTRUM, L.P 6/26/2006 000983 STANLEY STEEMER 6126/2006 000167 VERA WATER & POWER 6126/2006 000801 WILDROSE GRAPHICS 0316081081608 0429031115953 Various 6/15/06 bill date 68584 41012 41121 0004000755.01 0005-016348.01 0006-033021.00 6/20 0007-017753.01 6/12 0008-010790.01 0010-003488.01 0011-010826.01 0012-004137.02 0013-032589.01 6/20 0014-004275.01 0014-032971.00 6120 620833 6126/2006 000766 YMCA OF THE INLAND NORTHWEST May 2006 6/26/2006 001074 ZEE MEDICAL 54700201 41122 41131 Description/Account Amount Total : 49,999.98 MAY 2006 INVOICE 251,200.84 Total : 251,200.84 SEWER CHARGES-11423 E. MISSIC 255.19 SEWER CHARGES-2426 N DISCOV 781.95 Total : 1,037.14 LANDSCAPE & WEED SPRAYING S 8,027.86 Total : 8,027.86 CELL PHONE CHARGES 5115 TO 61 722.39 Total : 722.39 CENTERPLACE JANITORIAL 317.25 Total : 317.25 6R/06 INVOICE 181.94 6107/06 BILL DATE 61.90 6120/06 CHARGES 19.65 6/12/06 BILL 16.45 6/13106 BILL 60.49 6114106 BILL 129.76 6/15/06 BILL DATE 35.41 6116/06 CHARGES 39.61 6/20 INVOICE 64.11 6120 INVOICE 24.09 6/20/06 INVOICE 45.52 Total : 678.93 RECREATION OPERATING SUPPLII 450.69 Total : 450.69 MAY 2006 YMCA MANAGEMENT CC 13,957.00 Total : 13,957.00 RECREATION SAFETY EQUIPMENT 300.20 ~.e: 4 vchiist 0612612006 4:10:17PM Vou cr List Page: Spokane Valley 5 Bank code : apbank Voucher Date Vendor 9434 6/2612006 001074 001074 ZEE MEDICAL 38 Vouchers for bank code : apbank 38 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Invoice PO # Description/Account (Continued) Total Bank total Total vouchers : Amount 300.20 447,289.50 447,289.50 Page: 5 vchlist 07/0312006 11:00:12AM 0 Voucher List Page: Spokane Valley 1 Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 9448 7/3/2006 001088 ARACELIXS MEXICAN RESTRURANT 062006 MEAL FOR INTERGOV. COOP FORI 175.00 Total : 175.00 9449 71312006 000538 BACON CONCRETE, INC. 3298 41107 WHEEL CHAIR RAMPS 5,650.00 Total : 5,650.00 9450 7/312006 001026 BIG BROTHERS BIG SISTERS 062706 Final payment on 2006 grant agreemi 500.00 Total : 500.00 9451 7/3/2006 000060 DENENNY, RICHARD 062606 REIMBURSEMENT COUNCIUSTAFF 33.97 Total : 33.97 9452 7/3/2006 000152 DEPARTMENT OF TRANSPORTATION RE-313-ATB60509120 PINES/MANS ENGINEERING 5,414.03 Total : 5,414.03 9453 7/3/2006 000246 EAST SPOKANE WATER DIST #1 061906 ACCT 09026100 WATER 141.71 061906 ACCT 09006100 WATER USAGE 233.69 061906 ACCT 09078100 WATER USAGE 81.40 062006 ACCT 09066100 WATER USEAGE 73.48 Total : 530.28 9454 7/312006 000106 FEDEX 1-082-37063 FED EX CHARGES 113.75 Total : 113.75 9455 713/2006 000114 JVH TECHNICAL INC. 12334 41140 UPGRADE ONYX PROD. HOUSE TC 1,328.45 12356 41147 EPSON INK CARTRIDGE 553.31 Total : 1,881.76 9456 7/3/2006 000990 LORMAN EDUCATION SERVICES 063,006 SEMINAR TUITION 349.00 Total : 349.00 9457 713/2006 000636 MOORE IACOFANO GOLTSMAN, INC. 0019962 final billing for Park & Rec Master Pla 2,548.00 Total : 2,548.00 9458 7/3/2006 000062 MUNSON, RICHARD 063006 REIMBURSEMENT 23.49 Total : 23.49 Page: 1 vchlist Voucher List 07/03/2006 11:00:12AM Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice PO # 9459 7/3/2006 001033 PFLIEGER, CHARLIE 062806 9460 7/3/2006 000297 SCHOLTENS, TOM 062606 9461 7/3/2006 000001 SPOKANE COUNTY TREASURER 062306 9462 7/312006 000011 SPOKANE VALLEY CHAMBER, OF COMN 105723 9463 7/312006 0,00419 SUMMIT LAW GROUP 30617 30618 9464 7/3/2006 001056 TRIPLE PLAY 4709 9465 713/2006 000167 VERA WATER & POWER 062606 062606 062706 9466 7/312006 000100 WABO INC. 9978 19 Vouchers for bank code : apbank 19 Vouchers in this report 41170 41066 Description/Account Amount TRAVLE FOR TRAINING 737.96 Total : 737.96 REIMBURS WABO ANNUAL BUSINE 46.71 Total : 46.71 SERVICES FOR MONTH OF JUNE 1,327,402.12 Total : 1,327,402.12 AD ON CHAMBER MAP 325.00 Total : 325.00 GENERAL EMPLOYMENT & LABOR 326.50 MEDIATION CHARGES 5,522.00 Total : 5,848.50 SUMMER DAY CAMP 683.55 Total : 683.55 ACCT 0018-032752.00 18.68 ACCT 0018-031941.01 50.43 ACCT 0030-031942.01 60.90 Total : 130.01 BLEACHERS, FOLDING & TELESCC 22.22 Total : 22.22 Bank total : 1,352,415.35 Total vouchers : 1,352,415.35 2 vchlist Voucher List Page: 3 0710312006 11:00:12AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount I, the undersigned, do certify under penalty of perjury, that the materials have boon fumishod, the services rendered, or the tabor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 07-11-06 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending June 30, 2006 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $150,244.17 Benefits: $ 68,855.48 TOTAL PAYROLL: $219,099.65 STAFF CONTACT: Jason Faulkner ATTACHMENTS DRAFT WORKSHOP NOTES SPECIAL MEETING /RETREAT SPO.KA E, VALLEY CITY COUNCIL June 17, 2006 9:00 a.m. - 3:00 p.m. Attendance: Councilmembers Staff Diana Wilhite, Mayor Dave Mercier, City Manager Rich Munson, Deputy Mayor Nina Regor, Deputy City Mgr Dick Denenny, Councilmember Marina Sukup, Comm. Dev. Dir. Mike Flanigan, Councilmember Ken Thompson, Finance Director. Mike DeVleming, Councilmember Cary Driskell, Deputy City Attorney Gary Schimmels, Councilmember Neil Kersten, Public Works Director Steve Taylor, Councilmember Mike Jackson, Parks & Recreation Director Tom Scholtens, Building Official Cal Walker, Police Chief Carolbelle Branch, Public Information Officer Rob LaFontaine, Administrative Intern Absent: Chris Bainbridge, City Clerk Gary Schimmels, Councilmember (previously excused) Mayor Wilhite opened the workshop at approximately 9:15 a.m., and thanked Dick and Kathy Denenny for allowing use of their cabin for the retreat. 1. Council budget goals for 2007 = Discussion focused on the following possible topics for budget goals for 2007 and of the issues surrounding those topics: (a) acquiring the sewer system, trying to get an interlocal agreement finalized with the parties involved; acquiring assets during the building phase of a new plan; seeking information from the County on details of financing and interworkings of the sewer system; primary objective to get the discharge license; the County's philosophy on ownership; putting ownership to a public vote; the collection system versus ownership; managed implementation plan; the need to determine the exact amount of phosphorous going into the river; how would this affect our current public works department; to verbalize the pros and cons of taking over the collection versus the treatment portion and how rate payers would be affected. (b) light rail and acquisition of Appleway; potential funding; maintain the right-of-way and the ability to build in the future; accumulate land and maintain the rights-of-way with the recognition that no funding needs to be in place until the density requires it; the need for public consensus; and the need for joint planning. It was determined light rail would not be a budget goal would rather would be an item for a future study session. (c) annexation; and to identify potential growth areas and begin the process of annexation; that first an annexation policy must be adopted; general policy versus specific areas to annex; and exploring possibilities to handle growth population allocation. (d) implementation of the parks masterplan including park acquisition, and grants for items such as a universal park; upgrading Valley Mission Park, including picnic shelters and playgrounds. l Council Staff Retreat June 17, 2006 Page I of 4 Approved by Council: DRAFT (e) records management and document imaging; storage needs; citywide coordinated records management including the legal and operational implications; major budget considerations; off-site archiving of records and electronic filing. (f) subarea plans; specific plan for Greenacres; guidelines for neighborhoods to start that process; future street plan versus a complete subarea plan for specific areas, setting out locations of future arterials, collectors, and residential streets; and instructing developers in the procedure for street plans. It was determined this topic would be a good topic for a future study session. The following are the draft 2007 goals: 1. Continue monitoring wastewater issues, including governance of wastewater facilities, enhanced citizen awareness of options for the future and pursuit of the most efficient and economical use of allowed wastewater discharges. 2. Explore the available telecommunications infrastructure that may be accessed by public institutions, residents, and businesses within Spokane Valley. 3. Adopt a sub-area plan for the Sprague Corridor and initiate the implementation of achievable recommendations. 4. Amend the comprehensive plan to reflect accommodation of Spokane Valley population projections within and adjacent to city limits and to outline an annexation policy procedure. 5. Adopt a Street Master Plan and draft a financial strategy to implement the plan. 6. Establish departmental priorities and incorporate them into a six-year business plan for each department that includes forward looking budget and funding implications. 7. Adopt a Uniform Development Code that implements the Comprehensive Plan. 2. Goals for 2006 In refining the goals for 2006, it was determined to place records management as a 2006 goal and to place the topic on a future study session; to continue work on #2 goal (Sprague corridor); and to remove #5 (telecommunications infrastructure). Brief discussion followed concerning lease occupancy, city hall space needs, preference to be a tenant or an owner, what kind of city hall building and where it should be located, funding, current lease commitment and sub-letting possibilities; and whether it should be pat of the city center; which led further focused discussion on a city. center, if it should include civic governmental buildings, public facilities, should be tied in to a re-development subarea, proposed boundaries, sharing the building with the library, the Safeco building, and having a marketing analysis conducted by the consultant. Mayor Wilhite indicated her preference not to fast track a city hall, but to wait until we are further into the subarea plan before pursuing that issue. Councilmember Denenny asked staff to discuss with the consultant, if city hall plans would interfere with the consultant's long-term planning, or if it is such a wide area as to not make a difference, and to ask if the consultant felt the city hall location would have a major influence on public input. There was Council consensus that staff gather the information. 3. Business Planning Template Deputy City Manager Regor explained that the template for a business plan is an information item intended to give ideas of what could be in such a business plan; adding that the template was compiled by Administrative Analyst Morgan Koudelka. She explained that as departments put their plan together, the Council Staff Retreat June 17, 2006 Page 2 of 4 Approved by Council: DRAFT focus would be on cit)wide goals and using cityNvide decisions on what they are putting together, such as ~ the customer service plan. Director Regor explained the overview on page five of the packet materials, and added that as a result of the plan summary, staff would know which strategies to implement over the next years, keeping in mind the financial impact, and working within existing staffing resources. City Manager Mercier added that after five years, we would move to a true performance based plan and establish benchmarks to measure productivity; that this first iteration is more of what can we imagine coming next; that the business plan is the needs analysis and lays the foundations for next target or future needs. Ms. Regor further explained that this is a process to first focus on defining the organization, and over time deal with some more refinements, similar to what is now being done with some of the permitting functions. Mr. Mercier stated that staff has been on a work marathon; and not being certain with future financial footing, we have been very tempered in the amount of employees at the start; and that some employees are facing burnout in the last several years; that we will start now to add in employees to get the work done in the manner needed; and as an example, stated we only have one IT specialist for two buildings. Mr. Mercier also stated that once more information is compiled and projects completed, such as the subarea plan and street master plan, those facts will help further form the business plan. The group broke for lunch at 12:30 p.m. and reconvene after lunch 1:20 p.m. 4. Updated Financial Forecast Finance Director Thompson highlighted his financial packet material, including problem statement 4t1, stating that the outlook is not quite as positive as back in February; revenues and expenditures, and that he increased each department by approximately 6%; the $100,000 for temporary assistance (which will be 1 phased out over the next few years); sales tares with an approximate 2% increase; property tax; dropping i card room revenues and that garrtbling drops have been experienced county-wide; and that the financial forecast does not include any new staff, new programs, or expanded programs. Director Thompson then addressed problem statement #2, the street find, and the continuing problem of how to pay for snow plowing, fixing potholes, etc., and that we have established a reserve for severe winters; that expenditures increased about 8%, some of which is due to our high dependence on oil, fuel, and asphalt, adding that asphalt went Lip about 30% just this year. Problem statement #3 - capital improvement program funding, also shows resources and expenditures for the next five years; and Mr. Thompson mentioned that we do not have a separate arterial street fund as we are tracking that directly into street funds. Director Thompson said that expenditures are difficult to project, as if we plan on a project but can't get state participation, the costs jump around; and these figures are generally outdated within a few weeks. Councilmember Munson stated his preference to discuss impact fees at a future council meeting; adding that it Would be his preference to invite all school districts to give their input based on each facility's plans, and to also include parks, schools, and roads. After further discussion on impact fees, including what various counties and cities charge, there was Council consensus to add impact fees to the July 18 study session. Director Thompson then explained page four of his handout, which showed the annual projected shortfalls for problem statements 1, 2 and 3. 5. Joint Planning Councilmember Munson distributed copies of the agenda for the June 19 Intergovernmental Cooperation Forum, and explained that assistance on joint planning was sought from CTED, and Nancy Ousley would be discussing a state perspective on planning for urban growth areas; and that Councilmember Munson estimates there should be about 40-50 people at the meeting. The July 13 meeting with Senator Murray was also mentioned, which will likely be held in the afternoon, to allow others to attend the TMDL Council Staff Retreat June 17, 2006 Page 3 of 4 Approved by Cowicil: DRAFT meeting earlier in that same day. Mr. Mercier mentioned that we might want to ask how annexation is i' treated during the formulation of joint planning agreements; and suggested asking at that Monday meeting, if all annexation is paired with revenue shared agreements. 6. Information Only: Workplaii Update. This is for information only and was not discussed. 7. Information Only: Annexation Approaches: This is for information only and was not discussed. Other items of interest: Councilmember Gothmarm mentioned a homeless initiative meeting he attended recently. He explained that there are approximately 2,000 homeless in Spokane; 200 in the remainder of the County, and 100 of which are in the Valley; that Spokane County and Spokane City along with Housing and Community Development, are combining forces to spend funds of approximately $400,000 to assist the homeless; and the Mayor of Spokane agreed to participate; that Spokane Mayor wants to keep administrative costs to a minimum to keep the bulk of the funds for the homeless; that two committees have formed to set policy, with a target of the end of this year to allocate funds. Councilmember Gothmann explained that this would be a pilot program and could change over the next year; that a task force would be formed to take in applications and make recommendations to the policy board on fund distribution; and that those entities have asked us to schedule a resolution to consider joining this program. The goal, Mr. Gothmann explained, is to cut homelessness in half in the next ten years. Councilmember DeVleming mentioned there will be a need to distinguish between the homeless and transients, and perhaps others such as panhandlers. Councilmember Gothmann stunted that there is a request that one councilmember serve on the policy board and have three citizens on the task force. Discussion followed concerning a need to see the written goals; anticipated expenditures; and that the board members and citizens would determine how funds would be spent. It was determined this topic should be placed on an upcoming July council agenda as an administrative report. There being no further business, the meeting ended at 2:55 p.m. Diana Wilhite, Mayor ATTEST: Christine Bainbridge, City Clerk Council Staff Retreat June 17, 2006 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEV Request for Council Action Meeting Date. July 11, 2t.ft City Manager Sign=off: Item: Check all that apply. El consent Bald bt ess ~ new business El public hewing E] information admin. n: mn ~ pcrr&ng l4slation AGENDA ITEM Tf]rL1E,. First Reading Proposed Ordinance for Right-of-Way Vacation Request S'FV- 0 1-06 for a portion of Old Indiana Avenue to be vac ed. PREVIOUS COUNC'IL1C+(iMMISSION ACTTON TAKEN. City Council adopted Resolution No. 0.6- 006 on Aril 25, 2006, setting the dais #or a public hearing held can May 25, 2OD6. An abutting prt prHy owner of Parcel No. 451114.9036 (not abutting right-of-w'ay° to be vacated) rmqumed the. Planning Commission to continue the public hearing for a mouth. Thtw Planning. Commission eonlinued the public he.aring on the matter and vokA 4-1 to approve the attached findings and tri recommend conditional approval of the vacaiion. No new public corninent shall be accepter] since the public hearing has been closed, BACKGROUND: The applicant. Brandon Reece, Fireless C.onne tion!, LL Q, PO Box 22189, Milwaukie, Oregon 97269 request; the vacation of a porEirm or Old Indiana Avimuc. This sez.tion of Old Indiana Avenue. (south of Indiana Avenue and north of Interstate 90) is located between properties ~l'st~c~1 Nos. 45104,9020, 45104.9034 & 45104-90-336) owned by Wireless Communications, 1,1.C. Washington tats Department of "fransport0ion has an access restricted, ]fenced stu water treatment area dirtctly east of the lamposed strut vacation which pr ziudes any potential a=ss or future syreet vacations to the east on Old Indiana Avenue_ Tile Planning Commission niade Ehe following findings as part of their recd mntendatiLin to City Council: 1. Planning Commission /held a true>lic bearing can May 25, .1006 and continued the public: hearing to June 22, 2006 per the request of an abutting property owwr of Parc cl No. 45104.9036 to receive testimony concerning the vacation of a portion of Old Indiana Avenue located north of Interstate 90 and uth of Indiana Avenue. The date of the hearing was set by City Council on April 25, 200 by Spokane Valtey Resolution No, 06-006- Notice of the hearing was ,published can May 5, 200 06 its the Valley Herald, the official twwspaper of the City, was posted in three conspicuous lcwations within the City., was provided to the petitioners and abutting property owners, and a sign was placed on the property pruvidfa notice of the hearing also completed on May 5, 2006. The site was nm m!posted nor was revised noticing sent regarding the continuation of the public heating, 2. The Plarming, Commission reviewed the report prepared by the Spokane Valley Community Development Department in detail. 3. The vacation o the street/alley will pemiit full development of the property. for beneficial uses and permit appropriate levels o maintenance. 4. The Public Works Department submitted c-orn.r eats which analqed the need of Old Indiana Avenue for ruture use and responded by sprecifying, the requcstcd portion is no longer required for public rise or public access su,bjw to recommended conditions, 5. [riven the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and 6. No objections have been received to the prooposcd vacation from the notice of public hearing and/or routing to staff and agencies. OPT(ONS: I . Move to 2d reading sched ultA at next City Council Meting for approvalfapproval with conditions (No new public comment shall be accepted since the public hearing has been closed.), 2. Deny the proposed street vacation; or 3. Sc.hedufe a public hearing that wiU be conducted 20 day's after rinticing in the mail, owsite and posted three conspicuous pla=!i in the City. REC'[)MNIENDED N10111ON: Movc t Advance Ordinance 0"19 to a second reading- STAFF CONTACT. Karen Kendall, Assistant Planner ATTACHMENTS: Staff Report Planning Commission f=indings Dratl Ordinance ra~'.r STAFF REPORT Spokane PROPOSED VACATION OF A PORTION OF OLD INDIANA AVENUE j'~alley Prepared by: Karen Kendall, Assistant Planner, Department of Community Development Date: May 18, 2006 Findings: 1. Abutting Properties - The right-of-way proposed for vacation is located north of Interstate 90 and south of Indiana Avenue. There is no record of a street vacation for any portion of Old Indiana Avenue by Spokane County in this area. The area was old railroad right-of-way given to Spokane County. The portion of Old Indiana Avenue proposed to be vacated is bordered on the north and south by Wireless Connections, LLC who's requesting the proposed action. 2. Utilities - A twenty (20) foot easement will be reserved for Consolidated Irrigation District. Other easements may also be required for existing or future utilities including Washington State Department of Transportation, Spokane County Utilities Division, Avista, Comcast, and Qwest. The location of these easements is a requirement of the record of survey. 3. Access - Old Indiana Avenue's pavement stops approximately 370 feet southeast from the intersection of Indiana Avenue and Old Indiana Avenue. The three (3) existing parcels abutting the proposed right-of-way vacation area all have access onto Old Indiana Avenue. As a recommended condition the City's Public Works Department is requiring access be restricted to Indiana Avenue from Parcel Nos. 45104.9020, 45104.9034 R 45104.9036. 4. Zoning - Zoning abutting the north side of Old Indiana Avenue is Community Business (13-2) and property abutting to the south is zoned Light Industrial (I-2). The three parcels which abut the proposed street vacation are in the City's Comprehensive Plan Designation as Regional Commercial. 5. Transportation - Existing fenced stonnwater treatment facility used by Washington State Department of Transportation precludes the possibility of extending access further east along Old Indiana Avenue to the east. The existing parcels abutting the proposed area as well as adjacent parcels have access onto Old Indiana Avenue. 6. Condition - The proposed portion of Old Indiana Avenue is unproved with only asphalt. The size, access and condition of the property preclude use by the City. 7. Assignment of Vacated portions of right-of-way - Absent objections from abutting properties owners, right-of-way should be assigned to the petitioners, inasmuch as it appears that any portion of the right-of-way to which they would lay claim will be transferred to them through completion and a positive approval of the vacation. Abutting property owners have received notice of the proposed vacation. Conclusions: 1. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 2. The Public Works Department submitted comments which analyzed the need of Old Indiana Avenue for future use and responded by specifying the requested portion is no longer required for public use or public access subject to recommended conditions. 3. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and 4. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. FINDINGS AND RECOIVEMENDATIONS OF THE SPOKANE VALLEY PLANNING COMAUSSION June 22, 2006 Findings. 1. The Planning Commission held a public hearing on May 25, 2006 to receive testimony concerning the vacation of a portion of Old Indiana Avenue located north of Interstate 90 and south of Indiana Avenue. The date of the hearing was set by City Council on April 25, 2006 by Spokane Valley Resolution No. 06-006. Notice of the hearing was published on May 5, 20006 in the Valley Herald, the official newspaper of the City, was posted in three conspicuous locations within the City, was provided to the petitioners and abutting property owners, and a sign was placed on the property providing notice of the hearing also completed on May 5, 2006. 2. The Planning Commission reviewed the report prepared by the Spokane Valley Community Development Department in detail. 3. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 4. The Public Works Department submitted comments which analyzed the need of Old Indiana Avenue for future use and responded by specifying the requested portion is no longer required for public use or public access subject to recommended conditions. 5. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and 6. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. Conclusions. The Spokane Valley Planning Commission therefore recommends to the City Council the portion of Old Indiana Avenue located north of Interstate 90 and south of Indiana Avenue be vacated to the petitioners subject to: 1. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a record of survey of.'the area to be vacated, prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description, and specifying if applicable any and all easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director. The record of survey shall contain the professional stamp and signature of the registered surveyor and filed upon completion with the Spokane County Auditor. The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's Document Number and date of recordation. 2. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-way with one located at the intersection of the centerline of the vacated right-of=way with each street or eight-of-way in accordance with the standards established by the Spokane County Standards for Road and Sewer Construction. 3. All necessary easements required by Consolidated Irrigation District, Washington State Department of Transportation, Spokane County Division of Utilities, Avista, Quest and Comcast shall be shown on the record of survey and written documentation from all utility companies is required to be submitted to the Community Development Director, or designee verifying all casements have been indicated. \a 4. Access to Parcel Nos. 45104.9020, 45104.9034 R 45104.9036 shall only be from Old Indiana Avenue. No access is granted to the improved 5-lane Indiana Avenue for the above parcels. 5. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, copying fees, and recording fees are to be borne by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. 6. The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the center of such vacation, and all area shall included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 7. A certified copy of the ordinance vacating a street or alley or part thereof shall be recorded by the city clerk in the office of the Spokane County auditor. 8. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 22n day of Tune, 2006 Gail Kogle, Chairman ATTEST Deanna Griffith, Administrative Assistant r DRAFT ~ i CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 06-019 AN ORD.NANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR TAE VACATION OF OLD i1NrDIANA AVENUE BETWEEN PARCEL NO. 45104.9020 TO THE NORTH AND PARCEL NOS. 45104.9036 AND 45104.9034 TO THE SOUTH AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council by Resolution 06-006 -initiated vacation proceedings for a portion of (approximately 90'x 165') Old Indiana Avenue located north of Interstate 90 and south of Indiana Avenue (STV-01-06) by providing that a hearing on the proposal would be held before the Planning Commission on the 25th day of May, 2006.; and WHEREAS, the Planning Commission held a public hearing on May 25, 2006 and continued the pubic hearing to June 22, 2006 on the proposed vacation; and WHEREAS, following a hearing, the Planning Commission found that the notice and hearing requirements of Title 10 Article 1X Section 10.09.04.10 of the Spokane Valley ;Municipal Code have been met, and further found that: 1. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance, serving the public interest. 2. The three (3) existing parcels abutting the proposed right-of-way vacation area all have access onto Old Indiana Avenue. 3. A twenty (20) foot easement will be reserved for Consolidated Irrigation District. Other easements will also be required for existing or future utilities including Washington State Department of Transportation, Spokane County Utilities Division, Avista, Comcast, and Qwest. The locations of these casements are a requirement of the record of survey. 4. The Public Works Department submitted comments which analy7xd the need of Old Indiana Avenue for future use and responded by specifying the requested portion is no longer required for public use or public access subject to recommended conditions. 5. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and 6. No objections have been received to the proposed vacation from the not-ice of public hearing and/or routing to staff and agencies; and WHEREAS, the Planning Commission findings and/or minutes have been filed with the City Clerk as part of the public record supporting the vacation; and WHEREAS, none of the property owners abutting the property to be vacated filed a written objection to the proposed vacation with the City Clerk; and WHEREAS, through adopted City Code provisions, the City shall provide that the vacated property be transferred to the abutting property owners, one-half to each, unless circumstances require a different division of property; that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development; and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; and Ordinance 06-019 Street Vacation STV 01-06 Page 1 of 4 DRAFT 'I. WHEREAS, the City Council desires to vacate the above street pursuant to Spokane Valley Municipal Code Sections 10.05.220 -.380. ' NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: (1) the City Department of Public Works has reviewed the right-of-way to be vacated and determined that the property adjacent to the vacated property is otherwise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Code before the Planning Commission with the record of such hearing and proceedings filed with the City Clerk; (3) one (1) written comment was received by an abutting property owner to Parcel No. 45104.9036 (not abutting right-of-way to be vacated) requesting the Planning Commission continue the public hearing to allow more time to comment on action. The comment is filed with the City Clerk; and (4) vacation of the street or alley serves the public interest. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this Ordinance, the City Council does hereby vacate the street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official Zoning Map of the City. Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. a) A record of survey prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description and specifying if applicable any and all easements for construction, repair and maintenance of existing and future utilities and services. The record of survey shall contain the professional stamp and signature of the registered surveyor and should be filed upon completion with the Spokane County Auditor. The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's Document Number and date of recordation; and b) The surveyor shall locate at least two monuments on the centerline of the vacated right-of- way with one located at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the Spokane County Standards for Road mid Sewer Construction; and c) All necessary easements required by Consolidated Irrigation District, Washington State Department of Transportation, Spokane County Division of Utilities, Avista, Quest and Comcast shall be shown on the record of survey and written documentation from all utility companies is required to be submitted to the Community Development Director, or designee verifying all easements have been indicated; and d) Access to Parcel Nos. 45104.9020, 45104.9034 & 45104.9036 shall only. be from Old Indiana Avenue. No access is granted to the improved 5-lane Indiana Avenue for the above parcels; and e) Payment of all direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, copying fees, and recording fees; and f) The applicable zoning district designations, Community Business (9-2) zoning abutting parcel number 45104.9020 and Light Industrial (1-2) zoning abutting parcel numbers Ordinance; 06-019 Street Vacation STV 01-06 Page 2 of 4 IJRAF r 45104-9036 and 45104.9034 shall be, automatically extended to the center of such rvnc.xim and all arvra included in the vacation shall then acid henceforth be subject to all nulations of the C~ ,:]heed disirict5. Section 5. C. IM Following gatisfact on of the above conditions, the City Clerk shill record a certified copy of this Ordina noe in the office of the County Auditor, and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the Transfer of the pro rty identified herein. Section 6. Sever-ability, if any scctioa, sentence, ctause or phrase or this Ordixa nix: shall Ne held to be invalid or unconstitutional by a cowl of competent jurisdiction, such invalidity cir unconstitutionality shall not affiect the validity or constitutionality of any other secdon, sentence, Blau or Phrase of this ordinance. Section , Effective .Date. This Osslinance shall he in Nil force and Pf ect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the city of Spokane Valley as provided by law. PASSET) by the C.ityf Council Ihis day of 2006. MaN~or, Diana Wilhite City Clerk, Christine Bainbridge Approved As To Fnrm: Office of the City Attorney RITC. of Publicatio l .Tective Date: or"ancf 06-019 Street Vacation S`IY 01-06 1'an-e ~ of 4 ORA F-1. z tib t "A" Property Description Or+dinsncc 06-ill's Stmet Varation S-1V 01-06 Page 4 of4 Department of Community Development X... "f. E Planning Division STV-01-06 Street Vacation Request T" V-01-[Ifs cl C Background Information O Petitioner/Abutting Property Owner of all Parcels is Wireless Connections, LLC (aka: Day Wireless Systems) O intended use is to increase parking lot for customers and employees O Public Hearing on May 25, 2006 & continued on June 22, 2006 O Planning Commission voted 4-1 to recommend approval subject to conditions O Public cornment period has closed and no new public comments may be accepted. Sp~~n~' Department of Community Developme oknt LaIjej Planning Division Proposed Vacation - Area to be vacatcd WSUU'l' Stormwutcr trcatmcnt urca . , r,►• Parcels abuttinw, ROW to he vacaw-d R'Lic r 'L';~.-. ~ r..- ~ .1• Yt mow. ~ . 1 1r 4 = iiy } ~ ~,1r _ ~ w I W". ♦~•w• 1i/r ~ ~ -40 'snow G ~11 . W Facing EAST showing intersection of Indiana and Old Indiana Avenue Department of Community Development Planning Division Facing EAST onto Old Indiana Avenue Findings O The vacation will permit full development of the property for beneficial uses and permit appropriate levels ol. maintenance. O The Public Works Department stated the requested portion is no longer required for public use or public access. O WSDOT agrees with the vacation subject to granting ol~ an easement to satify the need of accessing the detention pond to the east. O Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and O No objections were received from the notice of public hearing and/or routing to staff and agencies. Staff received one comment requesting the PC to extend the the public hearing for 30 days. t of Community Development Division Final Action Required The Planning Commission recommended conditional approval of STV-01-06 and staff concurs with the recommendation. OPTIONS: *Approve(subject to the following shall be required pursuant to SVMC 10.09 Street Vacation Ordinance): Record Survey, monuments, payment of'costs, extend zoning designation and record approved ordinance *Approve w/ conditions (including all requirements of SVMC 10.09 above): O Include all required easements to be shown on record of survey and approved by each requesting agency O Restricted access of Parcels 45104.9020, 45104.9034 & 45104.9036 to Indiana Avenue *Deny the proposed street vacation: Department of Community Development an~ j~dd Planning Division Proposed Vacation Area to be vacated r t-_~ri' ,4';.tiatr.' • MIJIry ~ ~ ~ -7- WSDQI• Stormwater treatment area J - Parcels abutting RO\V to hL vacated hide - - i' t rte' ~s-'~ ~M~ igdl Ls 5`~ Il It wtyi. • . L ` - ~ ~•~I~`1 04 - •3~ I a. Fo-e,- w n CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 City Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information ❑ admin. report X pending legislation AGENDA ITEM TITLE: Amended Fee Resolution GOVERNING LEGISLATION: Resolution 06-001 contains the existing fee schedule for the city. PREVIOUS COUNCIL ACTION TAKEN: Resolution 06-001 was passed in January of 2006 and included updated fees. As the City moves into the second half of 2006 there are a few additional changes that need to be incorporated into the fee schedule. The City Council received information on the change to appeal fees at the May 16, 2006 council meeting and information on Fire District 1 fees at the June 27, council meeting. BACKGROUND: The city uses a resolution to establish fees for city programs, permits and services. Periodically, the city must update the fee resolution to incorporate new or modified fees. The changes needed at this time include: 1. Reducing an appeal fee (page 3) to $500 from $1,000 so the appeal fee doesn't exceed the potential fine 2_ Reinstating the blasting permit fee (page 5) 3. Updating a $58 per hour charge (on page 7) for City employee plan review which was overlooked when the last changes were made. 4. Updating fire code fees based on the recently completed agreement with Fire District 1. 5. Establishing a fee for large format copies OPTIONS: Make changes to the proposed fees. Leave the fees as they exist today. RECOMMENDED ACTION OR MOTION: Motion to approve Resolution No. 06-014 amending the Fee Resolution. BUDGET/FINANCIAL IMPACTS. These changes are intended to clarify city fees. No significant gain/loss in fees is expected. STAFF CONTACT: Ken Thompson, Finance Director Amendments to Fee Resolution July 11, 2006 KEN THOMPSON Amendments to Fee Resolution, Continued • Appeal Fee • Blasting Permit Fee • Hourly rate of $58 • Fire Code Fee Update • Large Format Copy Fee CITY OF SPOKANE VALLEY SPOKANE COITNTY, WASHING'T'ON RESOLUTION NO. 06-014 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHING'T'ON, Ar*tENDING RESOLUTION 06-001, AIND APPROVING AN AMENDED MASTER FEE SCHEDULE W1IEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WIIEREAS, the City uses a resolution to establish fees for City programs, permits and services, and periodically, the fee resolution must be updated to incorporate new or modified services: and WIILREAS, Council desires to modify the Resolution and accompanying Fee Schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Vallcy. Spokane County, Washington, as follows: Section 1. The changes needed at this time are incorporated into the attached schedules, and include (1) establishing a specific fee of $500 for appeals allowed under SVMC 10.30.150 - .660 (page 3); (2) reinstating a blasting permit fee (page 5); (3) setting an hourly rate of S58 for re-review of plans (page 7); (4) updating fire code fees (pages 14, 15 and 16); and (5) establishing a large format copy fee of $3 (page 20). Section 2. Rc . 1'o the extent that previous fee schedules arc inconsistent with those set forth herein, they are repealed. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Approved this day of , 2006. ATTI:S'1': CI Y OF SPOKANI. VALLEY Christine Bainbridge, City Clerk Diana Wilhite, Mayor Approved as to form: Office of the City Attorney 7/3/2006 AMENDED MASTER FEE SCHEDULE Fee Schedule Page No. Schedule A: Development 3 Schedule B: Building 5 Schedule C: Fire Code 13 Schedule D: Parks & Recreation 16 Schedule E: Administrative 19 Schedule F: Other Fees 20 Fee Resolution Ocn i-4124 Page 2 of 24 7 V.41,0 6 MASTER FEE SCHEDULE Schedule A - DEVELOPMENT AMENDMENTS Comprehensive Plan amendment S1,_CM.00 Zoning or other code text amendment S11SM.00 APPEALS Appeal of Administrative Decision $1,000.00 Appeal of Hearing Examiner findings $300.00 Transcript/record deposit fee on appeals of Hearing $110.00 Examiner's decisions Anoead of detcrininntion inadr pur team Ui 11(' S{00.0(1 I (1 10.1411-.(ill 1;'NVIRONNIENTAI. REVIEW State Environmental Policy Act (SEPA) Single dwelling (when required) SIN.00 All other developments S310.00 Environmental Impact Statement (EIS) Review 52,200.00 Addenda of existing EIS Review 5310.00 Shoreline Substantial Development Permit 5800.00 Critical Areas $300.00 Floodplain Permit S50.00 Per lot PERMITS Home Occupation Permit 580.00 Conditional Use Permit 5800.00 Temporary Use Permit 5150.00 PLATS Subdivisions Preliminary plat 52,110.00 Plus 540.00 per lot Final plat 51,2511.00 Plus $10.00 per lot Short Plats Preliminary 24 lots 5750.00 Final Plat 24 Lots 51,050.00 Plus 510.00 per lot Preliminary plat 5-9 Lots $1,250.00 Pius $25.00 per lot Fee Resolution 0 1-14 Pagc 3 of 24 7/3/2406 Final Plat 5-9 Lots S1,050.00 Plus 510.00 per lot Plat Alteration Subdir-ision plat 5650.00 Short plat $265.00 Binding Site Plan $1.500.00 Binding site plan modification $1,300.00 Change of Conditions $650.00 Aggregation/Segregation Lot line adjustment $100.00 Lot line elimination S100.00 Zero lot line 5100.00 Plus S10.00 per lot SIGNS Review of permanent sign 550.00 Pins S25A0 if Public Works review is needed Review of temporary sign $50.00 SITE PU%N REVIEW 5550.00 STREET VACATION APPLICATION S11300.00 VARIANCES Administrative $300.00 Public hearings S1,500.00 ZONING Zoning map amendments (rezone)' 51,6511.00 PUD plan 51,500.00 Plus $25.00 per lot PUD modification 5500.00 "If rezone is combined with other action(s), cost of other action(s) is additional. Note: The Building Official is authorized to require the permit applicant to provide fee reimbursement to the City of Spokane Valley for any professional services required outside of City staff review. Sonic examples of potential outside resources include plan review, construction inspection and surveying. Fee Resolution W 5-424 Page 4 of 24 7/3r-00h Schedule B- BUILDING The building code permit fees are collected at the time of the issuance of the building permit. Other fees are also to be collected at the time of the issuing of the building permit. Each dcpartment for whom the fee: is collected is to advise the permit specialist of fees due. GRADING Permit Fees Cubic Yards 100 or less 101 to 1,000 11001 to 10,000 10,001 to 100,000 100,001 to 200,000 200,000 or more Blasting Permit Fee (Life Safety) SM Plans Checking Fees Cubic Yards 50 or less 51 to 100 101 101,000 1,001 to 10,000 10,001 to 100,000 100,001 to 200,000 200,001 or more FEE $20.00 520.00 for the first 100 Cu. Yd., plus S7.00 for each additional 100 Cu. Yd. S83.00 for the first 1,001 Cu. Yd., plus S6.00 for each additional 1,000 Cu. Yd. 5147.00 for the first 10,000 Cu. Yd. plus $15.00 for each additional 10,000 Cu. Yd. $368.00 for the first 100,000 Cu. Yd. plus 515.00 for each additional 100,000 Cu. Yd. $503.00 for the first 200,000 Cu. Yd. plus $15.00 for each additional 200,000 Cu. Yd. FEE No fee $12.00 $20.00 $25.00 $25.00 for the first 10,000 Cu. Yd. plus $7.00 for each additional 10,000 Cu. Yd. $98.00 for the first 100,000 Cu. Yd. plus $6.00 for each additional 100,000 Cu. Yd. S 158.00 Land Clearing only (without earth being moved) Paving Permit (greater than 5,000 SF - new paving only) Fee Resolution 06 -N_'-t S115M) $250.00 Page 5 of 24 7/3/2006 STRIIC°rURAL CODE Building permit fees for each project are set by the following fee schedule. The table below is to be used to determine the building permit fees and plans check fees based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever value is greatest. Valuation Table Total Valuation f=ee $1 to $25,000 S69.25 for the first 52,000 plus $14 for each additional $1,000, or fraction thereof, up to and including S25,000 525,001 to $50,000 K191.25 for the first $25,000 plus $10.10 for each additional S1,000, or fraction thereof, up to and including $50,000 $50,001 to $100,000 5643.75 for the first 550,000 plus S7 for each additional S1,000, or fraction thcreo f, up to and including S100,000 S100,001 to 5500,000 $993.75 for the first S100,000 plus 55.60 for each additional $1,000, or fraction thereof, up to and including S500,000 $500,001 to $1,000,000 S3,233.75 for the first $500,000 plus S4.75 for each additional S1,000, or fraction thereof, up to and including $1,000,000 $1,000,000 and up 55,608.75 for the first $1,000,000 plus 53.15 for each additional S1,000, or fraction thereof Valuation Exceptions Fee Per Square Foot Private garages (wood frame) 519.00 Private garages (masonry) 522.00 Pole buildings $19.00 Open carport, decks, porches $15.00 Plans Review Fees F For other than signs, one and two family residential structures and the associated accessory buildings or structures, a Plans Review Fee Deposit of $200 shall be collected at the time of acceptance of the Building Permit Application. The application shall be accepted only when the application is determined to be complete by City staff: Fee Resolution 0- :._024 Page 6 of24 7/3/2006 For signs, one and two family residential structures and the associated accessory buildings or structures, no plan review deposit will be required at the time of Building Permit Application submittal. The balance of the Plan Review Fee shall be collected at the time of Building Permit issuance along with the WSBCC: Fee. Any excess deposit collected during the application process shall be applied to the Building Permit Fee. Plans Review Fees are not refundable once the plan review has been started. Plans Review Fees are additional to Building Permit Fees. Plans miew fee (general) Plans review fee - Group R-3 occupancies (single family less than 7,999 sq. ft.) Plans review fee - Group R-3 occupancies (single family 8,000 sq. ft or greater) Plans review fee - U-1 or U-2 occupancies (sheds, barns, etc.) Plans review fee - temporary tent or structure 65% Of bldg permit fee 40% Of bldg permit fee 65% of bldg permit fee 25% of bldg permit fee 25% Of bldg permit fee Initial Plan Review Fees shall be capped at $35,000 maximum with the following exception: Exception #i 1: If additional professional resources are required for individual project plan review for those projects that reach the maximum Plan Review Fee, the Building Official shall be authorized to require the permit applicant to provide those resources to the City of Spokane Valley. If a set of plans already checked and approved is resubmitted by the owner or his/her agent, an hourly rate of $58.00 will be applied for the re-review. PLUMBING CODE. The plumbing code fees will be collected when the associated permit is issued. If the plumbing is included in the Building Permit the unit costs are added, but not the basic plumbing permit fee. A. Basic fees 1) Basic fee for issuing each permit 2) Basic for each supplemental permit B. Unit fees (in addition to the basic fee) 1) For each_ plumbing fixture on a trap (including garbage disposals, dish washers, back flow device, drainage, hot tubs, built in water softener, water closets, lavatories, sinks, drains, etc ) 2) Private sewage disposal system 3) Water heater Fee Resolution On 1 cti?4 535.00 S7.50 S6.(NI $20.00 $6.00 Fach Page 7 of 24 713, 2006 4) Industrial waste pretreatment interceptor $15.00 including its trap and vent, except kitchen type grease interceptors functioning as future traps. 5) Repair or alteration of water piping, drainage S6.00 Each fixture or vent piping 6) Lawn sprinkler system on any one meter $25.00 7) Atmospheric type vacuum breaker S6.00 Each 8) Backflow protective device other than 56.00 Each atmospheric type vacuum breakers 9) Medical gas S6.00 Per outlet 10) Interceptors $6.00 Each Pec Resolution 0t- >-_024 Page 8 of 24 7/3!2000 MECHANICAL CODE: The mechanical code fees will be collected when the associated permit is issued. If it is includod in the Building Permit, the unit costs are added, but not the basic mechanical permit fee. A. Basic fees 1) Basic fee for issuing each permit $35.00 2) Basic for each supplemental permit $7.50 B. Unit fees (in addition to the basic fee) 1) Furnaces & suspended heaters . Installation or relocation a. up to and including 100,000 btu $12.00 b. over 100,000 btu $15.00 2) Duct work system $10.00 3) Heat pump & air conditioner a. 0 to 3 tons $12.00 b. over 3 to 15 tons $20.00 C. over 15 to 30 tons $25.00 d. over 30 to 50 tons S35.00 e. over SO tons 560.00 4) Gas water beater S10.00 5) Gas piping system S1.00 Per outlet 6) Gas log, fireplace, and gas insert installation 510.00 7) Appliance vents installation; relocation; S10.00 Each replacement 8) Repairs or additions $15.00 9) Boilers, compressors, and absorption systems a. 0 to 3 hp - 100,000 btu or less $12.00 1). Over 3 to 15 hp - 100,001 to 500,000 btu 520.00 c. Over 15 - 30 hp - 500,001 to 1,000,000 525.00 btu d. over 30 hp -1,000,001 to 1,750,000 btu $35.00 c. over 50 hp - over 1,750,000 btu $60.00 10) Air Handlers it. Each unit up to 10,000 cfm, including $12.00 ducts b. Each unit over 10,000 cfm S15.00 11) Evaporative Coolers (other than portable) 510.00 12) Ventilation and exhaust a. Each fan connected to a single duct 510.00 b. Each ventilation system $12.00 c. Each hood served by mechanical exhaust $12.00 13) Incinerators a. Installation or relocation of residential $19.00 b. Installation or relocation of commercial $22.00 14) Appliances, each S10.00 15) Unlisted appliances Fee Resolution 01- Page 9 of 24 7/3/2006 a. under 400,000 btu b. 400,000 btu or over $SI1.OO $100.00 Fee Resolution 06- Page 10 of 24 7/3/2006 16) Hood a. Type 1 $50.00 b. Type 11 510.00 17) 1. P Storage tank $10.00 18) Wood or Pellet stove insert $10.01 19) Wood stove system - free standing $25.00 ENERGY CODE Energy Code Plans check fee is also established to clieck to meet the requirements of RCW 51- 11 WAC. These are in addition to the Building Code Fees. If City inspectors are assigned to verify Energy Plans, the following fees apply. 11'an outside energy inspector is required, that fee will be determined by the outside agency. Residential Remodel/Addition New Single Family Tenant Improvement A. 0 to 10,000 square feet B. 10,001 square feet and over C. Multi-Family D. New Commercial and industrial OTHER BUILDING CODE FF.F.S Annual Permit :Annual Spokane Valley Building Permits used to: S-0- $-0- S35.00 $45.00 $60.00 Per building $90.00 1) maintain equipment or buildings, 2) construct or remodel small areas of assembly occupancies, or 3) install tents or membrane structures may be available depending upon the determination of the valuation of work made by the Spokane Valley Building Official. Certain record keeping and inspection responsibilities shall be established in a site specific Spokane Valley Annual Permit Agreement Approach Permit Demolition Permit Single Family Residence Commercial buildings Garage or accessory building associated with a residence or commercial building Septic tank or underground flammable tank associated with a residence or commercial building Early Start Ageements (Foundations) Fee Resolution 06 ;_ti~-3 Page I I of 24 550.00 $44.00 $125.00 $20.00 $10.00 Each 25% Of bldg permit fee 7/3/2006 Right-of-Way Obstruction Permit S70.00 Sign Fees Fees collected for a sign permit and a plans check fee for signs erected in accordance with the Sign Code. The fee below plus the WSBCC fee of $4.50. Signs mounted on buildings Sign and pole mounting S45.00 565.0(1 Temporary Certificate of Occupancy 550.(10 Washington State Building Code Council (AV.S.B.C.C.) Surcharge A flat fee of $4.50 will be collected on each perniit for approved plans or any other permit that is issued in accordance with the Spokane Valley Building Code. EXCEPT: For multi-family projects, the fee is $4.50 for die first living unit and $2.00 for each additional unit. 'lbc City Finance Department will forward this fee to the WSBCC on a quarterly basis. OTHER MISCELLANEOUS FEES A. For City personnel 1) Hourly rate set for City Employees (unless S58.00 otherwise specified) 2) Overtime charges B. Hourly rate for contracted services 1.5 times regular rate Set according to contract rate C. Hourly rate for special called inspections $58.00 D. Mobile home location permit and inspection 1) Temporary mobile home $60.00 2) Manufactured home inspection, per section $50.00 • E. House Moving Fee 1) Class 1, 11, and III - Moving permit $60.00 2) Class 1, 11, and III - Inspection fee $60.00 3) Class IV (if already permitted by Spokane S-0- County or Spokane City) * Plus basementlcrawlspace valuation permit fee **Plus $58.00 per hour after the hour, and $.50 per miles if the building to he moved into the Cin, is outside the Citv lim&t Fee Resolution 0to- 4- 24 Page 12 of 24 7/3/2006 F. Minimum Housing Inspection fee $55.00 Plus $58.00 per hour after 1" hour G. Work on any structure or building without a permit if a Spokane Valley Permit is required: 1) Minimum investigative inspection fee $55.00 2) Total investigative fee to be equal to the permit fee determined for the value of the illegal work accomplished H. Special inspections (requested by owner or tenant) 1) Fire, wind, mud slide or flood damage S60.00 2) Day Care 560.00 3) Nursing homes, hospitals, et al 560.00 Plus 5 58.00 per hour after 1st bour 4) Special Occupancies $60.00 L Excess inspections for a given project created by $58.00 Per inspection or the developer, owner or contractor re-inspection J. Condominium conversion plans review/inspection Based on value of fee project and bldg code valuation 1C. Temporary tents, canopies, and air supported structures for public use; inclusive of all tents for a single event. It does not apply to tents less than 200 sq. ft., canopies less than 400 sq ft, camping tents, or to tents used for private, non commercial events. t) Plans check fee $13.00 2) Basic permit fee $60.00 L. Enclosing an existing deck or patio 1) Plans check fee 40% Of the basic fee for 2) Basic permit fee M. Swimming pools (Over 5,000 gallons) N. Re-roof Permit: Fee based on the value of the project. unless plans are submitted for review. 0. Change of Use or Occupancy Classification permit P. Towers, elevated tanks, antennas lil ILDING CODE FEE REFUND POLICY plans examination Based on value of project; minimum $3,000 $50.00 Plus plumbing fees No plan review foe %ill be charged $47.00 Based on value of project No Permit Fee refund is allowed once the work has been started. If a refund is requested, the request shall be addressed to the Building Official in writing, and shall be received at the Spokane Valley Permit Center within 180 days of the date of issuance of the permit. Any fee refund request received after 180 days of the date of permit issuance shall be denied. Any refund approved shall he limited to 809/o of the total Permit Fee paid. Refunds shall be limited to Building, Plumbing and Mechanical Permit fees paid to the City of Spokane Valley. Fee Resolution 0 - s J~'-t Page 13 of 24 7/3,'2006 Schedule C- FIRE CODE FIR A LARAL SPRINKLER AND 0'1'11FR PROTECTION SYSTEMS City l r sling fee of $35 is added to these Fire District l fees. Plaas check and review fees, inspixtiorLs, and permit for installaiion of mate fire alarm system or spoinkler sygcm applications, and other fire protection syslerns. Fire Alarm System New installation 1 A devi+cts $150 5-100 +dcvices $250 Additional 100devices $ 50 Each additional pastel $ 40 SpTittkIer'mpmria on Drily $ 75 Each additiarWl floor $ 40 Fire Sprinkler Systems l-9 heads $ 53 10-4 $165 50-1001 $275 101-200 $325 201-300 $350 301-400 $375 401-500 $425 5004 $500 +'$.33 per head For hydraulicaIly designed systems, multiply the above fee by 2 New Suppr ion Syalctne R=gc hoods, halon, C02, dry clicmieal, FM 200, intergen spray booths, etc, Knit 1-5 nozzles $100 € ver 5 nozzles S 100 f- $10 per nomfe Blue(s) $30 per Wile Fire Pump Installation Plan review & inspection fee $ 00 Undergromind Fire Mains - Platt review and inspM. $150 VEe Rewlution Qs, 5 r. Page 14 ol''_4 7/3/20046 Standpipes not a part of automatic suppression system Plan review and inspection $150 on Systems Fire extinguishing system (other than sprinklers) - S 50 plus $1.50 per no72]c Standpipe installation Class I and Class 11 $ 58 Class III $ 70 Tank installation - per tank f=lammable and combustible liquids - storage tanks installation $ 60 l larardous materials - storage tanks installation S 60 Liquefied petroleum $ 60 Gaseous oxygen systems S 60 Nitrous systems S 60 Medical gas systems $ 60 Hazardous material recycling systems $ 60 Vapor recovery system S 60 Cryogenic S 60 Removal. abandonment or any combination thereof of flammable or combustible liquid storage tanks $ 90 Emergency or standby commercial power generator install $ 60 PERMITS Conditional Use Permit S 60 Temporary Use Permit S 60 Tents/canopy Permit (event) To be determined Fee Resolution 06- c-ON Page 15 of 24 7/3/2006 PLANS CHECK AND REVIEW BY THE BUREAU OF FIRE PREVENTION New commercial plans check and in-tpection (far prnjects not mentioned elsewhere) $ 64 USE Suh+tivLAunlPUD Pry liminaryr $120 Final 60 short I'lal Prc liminm y $120 Final $ 60 Fee Resolulim OLD. 5-4-Q4 7/3/2006 A. it; pleas tbae"nd speetiee HOW&ON roue of swte~a Resideetiol 44 All ton 540.0 94 Perm it-lee 3-4 irk f pre een4s 0 Lew !ban heads 10 564:90 24 I-la~r -ere #teads 595M g ~~e~F-sys4ct~ 44 Commere-al ' *n9-ebeek inspeetion "54em 94 RvSk atisl X560:90 Eftch tiscrrplas-MA0 per-plaglltesd Odwr F' hmt--Vr-ittkk-mi) SSO.00 Flan Sl- Ofwr Ronde B, StMdpipt4flsialletiea 0 Noss -l and C hays 1' S~00 2) Cln%sM $70.00 Fire pump +estellaHe~ SM5,00 W. € eMe seercombestd4e4iqt iEerage waks+"S! i"" l) Undergraua 560:90 Per ton AboNegrettttd 560=90 FerIesli l Hw#seteri$ls ~terage teaksstellatee Less t a n 500 gallens S754:00 2) 5 Hem S104.00 4) 4 galletts or mere 9147M Fee Resolution 0t,- Page 17 of 2-1 F, t7mleefied -peffolewm-t nks i lly 4-) Leniq -S(W uPeI ' 5.00 ,99el9 S-104, 3) # gallons or inere IIIWAO ally eam-- , of flamfoeble or -eembustible liquid Per tan4i 1e+ ks 6 ~ ~ ii i rer # rl~e~: ~r itre peetk"h-m "a r Godd d_ i&.~pfttia lemon the e-!be fire de mil I- naid 6_4% of !be fft-we der Ile RiS°iml-CIF paid-qu at4ed" F~~~ 4"AIAI;AIA- A4-H4- Pie I;e. 11 `ice. 7'Erir~-~~rter F'~r F#~ed~l~e1~x NwAteree 574#"M Eel hettfly-therewik'r RRIZWOR4" Pta k-' t" i4ek,' Mama Ir~~. PKRNtt" A, Ceerdltt+r e4-L4K- wit S6041N 0, &1724MM N: rr per-mi HettAy-Rote Feu Res[4dut nn Otf - Page 18 of y4 713/2006 +rlspeetiam f ter So. projeels not me"Oemed el bete) B: 1>1eurfrrute 569.88 F. tk of beat -Aw IS %Omes regalm role ecls be! do not require - ' ;-mW-etber PLAT 40 4) P-Miminary S120:00 24 Rm S".00 X) AlIeratien $60.0 W. Sharq pint 89 +i NeUminary S120. .1) Final $60. b) Aker^atien S60. 8".C4A4AMI'ECFIONF 4: ire %0.40 B: F4m- Nmage X80 F, N *W4wrticc*Mag 5188,88 Fee Resolution W,- ) 4 Page 19 of 24 7/3n00G Schedule D - PARKS & RECREATION ADMINISTRATIVE; FEES Basic fees to be considered when applying rates Administrative Fee 530.00 Refuse Fee S50.00 AQUATICS Pool admission (age 5 and under) free Pool admission (age older than 5) $1.00 Pool punch pass (25 swims) 520.00 Weekend family discount 1 child under 13 free with paying adult Reservation (less than 50 people) $100.00 Per hour's Food fee (if applicable) 525.00 Reservation (50 - 100 people) $125.00 Per hour' Food fee (if applicable) S50.00 Reservation (101 -150 people) 5150.00 Per hour" Food fee (if applicable) $75.00 '.41inimum 2 hours ALCOHOLIC BEVERAGE PER-MIT Alcoholic Beverage Permit Fee $10.00 CENTERPLACE Conference Center S'l'ing Auditorium $75.00 Per hour Auditorium $450.00 Per day Auditorium $225.00 Per half day Auditorium w/Presentation System 550.00 Per hour Auditorium w/Presentation System 5300.00 Per day Auditorium w/Presentation System 5150.00 Per half day Auditorium Deposit 550.00 Executive Conference Room $50.00 Per hour Executive Conference Room Deposit 550.00 Meeting Room (Day & Evening Use) 540.00 Per hoar Meeting Room $250.00 Per day Meeting Room 5.125.00 Per half day Meeting Room Deposit S50.00 Foe Resolution 0r~- {-i?~~ Page 20 of 24 7/3/2006 Great Room Kitchen w/Dining Room Rental $100.00 Per use Kitchen - Commercial Use (2 hour min.) $50.00 Per hour Kitchen Deposit S%00 Multi-Use/Banquet Bull $100.00 Per hour Multi-UwlBanquet Hall S800.00 9 hr session Multi-UseBanquet Hall $1,500.00 All day (6am-lam) Small Dining Area $50.00 Per hour Deposit $200.00 Stage S20.00 Per section per day Table Settings (linens & tableware) $2.00 Per place setting Senior Center Wing Lounge with Dance Floor S100.00 Per hour Lounge,%ith Dance Floor S800.00 Per day Lounge Deposit 5200.00 Meeting Room (Evening Use) S40.00 Per hour Meeting Room (Evening Use) S125.00 4 hr session Meeting Room (Weekend Use) S250.00 Per day Meeting Room (Weekend Ilse) $125.00 Per half day Meeting Room Deposit S50.00 Private Dining Room $50.00 Per hour Private Dining Room Deposit S50.00 Wellness Center $100.00 Per hour Misccllancous Cleanup fee 550-300 Per event Host/Hostess (after boars) 515.00 Per hour Presentation System (includes projector/podium! S250.00 Per day DVD/VCR/sound system/camera system) Room Setup $25.00 Per hour Satellite Video Confereacing 5250.00 Per hour Sound System 540.00 Per day Technical Support $40.00 Per hour 7'elevisionNCR $75.00 Per day Touch Pad Voting System $115.00 Base station per +$15.00 day Per keypad per day EVENTS- includes Pavilion Events include but are not limited to activities such as car shows, tournaments and activities involving 200 or more people. The Director of Parks and Recreation will snake the final detemiltiation. General Fee Non-profit applications =Applications for joint spot vorship with the City of Spokane . pokane Valle), Parks Department. Fee Rcsolution 06 S_{+?4 S150.00 $80.00 Or free with sponsorship' Valley will be considered by the Page 21 of 24 7/3/2006 FIELD RENTAL. Use Fee $25.00 Hirst hour plu_+ S15 each additional hour INDOOR USE Open gym admission 52.00 Playground program admission (10 entries) S20.00 h1llt%BEAU Mirabeau Springs Small shelter and waterfall S150M) Maximum 4 hours Refundable deposit (less than 200 people) S.500) .Nlirabeau Meadows Shelter (less than 200 people) S80.00 Shelter (200 or more people) 5150.00 Refundable deposit (less than 200 people) 550.00 Refundable deposit (200 or more people) S250.00 PICNIC SIIELTERS Picnic Shelter (less than 200 people) 530.00 Picnic Shelter (200 or more people) $150.00 Refundable deposit (less than 200 people) $50.00 Refundable deposit (200 or more people) S250.00 PROFESSIONAL PHOTOGRAPHY Permit Fee $25.00 Annual IIF.C'RF:ATION Recreation program fees are set to recover costs as specified in the Parks and Recreation revenue policy. VALLEY MISSION ARENA Rental* Refundable deposit Venter responsible jnr on-site I)reparation 5100.00 Per weekend $50.00 Rental requires liability insurance. Fee Resolution Ot S-024 - Page 22) of 24 7/312006 COPY FEES Copy of audio lopes, video tape, pholn& mops or Wher M co, %t wnrds needing reproduction Copy of written records $0.15 Per Plege CoII+ . l.ar_r forma# 53.90 Per dl~g~ Copy of full documents A t cost OTHER ADMiNisrRATME FEES NSF Check Fee Resolution 06- ~a S .fm 'age 23 of 24 7/3/2006 Schedule F - OTHER FEES ADULT ENTERTAINMENT FEES Establishment Licenses Live Adult Entertainment 511500.00 Adult Arcade Sll-%0.00 Other Adult Entertainment Licenses Adult Arcade Device License 5150.00 Manager License S150.00 Entertainer License 5150.00 Late License Fee Charged in addition to license fee. Percent of Past Due Calendar Days License Fee 7-30 25% 31 - 60 50% 61 and over 75% BUSINESS REGisTR_1TION FEES Business registration $13 each year Nonprofit registration $ 3 each year SECURITY FALSE ALARM FEES Repeated malfunctioning security false alarms in a given six-month period. First alarm No charge Second alarm $30.00 Third alarm $70.00 Fourth and subsequent alarms 5120.00 STORM WATER UTILIT"Y CHARGE ON DEVELOPED PARCELS Each single-family unit each year 20.00 All other properties each year 20.00 Per 3,160 square feet of impervious surface TOW OPERATOR ANNUAL REGISTRATION FEE $100.00 OVERSIZED I.OAD PERMIT FEE. $25.00 Fee Resolution Oc c1>2y Page 24 of 24 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 City Manager Sign-off: _ Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE : Fire District 1 Fee Agreement GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: The City's fee resolution, which was last approved in January of 2006, includes fees for Fire District 1 (FD1) services. At the request of Fire District 1, some Fire District fees are being changed. These changes were discussed at the council meeting on June 25. BACKGROUND: Since incorporation, the City has charged FD1 fees to those 'who obtained approvals and/or building permits from the City. This approach allowed the City to provide "one stop permitting." The City's fee resolution set fees high enough to pay Fire District"! for their services and to provide a handling fee for the City's efforts. FD1 has requested changes to their fees. City staff preferred to have the fees included in an agreement between the two agencies. The attached agreement has been prepared by staff and reviewed by FD1. Fire District 1 also wanted to issue citations under the authority of the Spokane County Sheriff's Office. This issue is best addressed between Fire District 1 and Spokane County. The City recognizes the Fire District will occasionally issue citations for life safety code violations under the County's authority. The attached agreement addresses the responsibilities for costs and liabilities resulting from citation issuance, under section 11 of the agreement. OPTIONS: 1.) Approve the agreement; 2.) Modify the agreement and then approve it; 3.) Operate without an agreement; 4.) Discontinue assessing FD1 fees for FD1 services, when permits are issued. RECOMMENDED ACTION OR MOTION: A motion to approve the agreement and authorize the City Manager or designee to execute the agreement. BUDGET/FINANCIAL IMPACTS: If the City continues to assess FD1 fees for the District, a handling fee of $35 is anticipated with each fee. This may result in less revenue to the City ($4,000/year?) However, the $35 handling fee recovers the City's costs and maintains the one stop permitting process as we know it today. STAFF CONTACT: Ken Thompson, Tom Scholtens, Mike Connelly Fire Dist. 1 Fee Agreement July 11, 2006 KEN THOMPSON Fire Dist 1 Fee Agreement, Continued vne estop rermitting: • City Charges Fire Dist. Fees on Permits +Fire alarm systems +Sprinkler systems +Fire pump installations +Plans check for subdivisions • Proposed Agreement between agencies • Fire District Fee Changes • City Will Continue to Receive "Handling Fee" DRAFT After Recording, return document to Spokane Valley City Clerk 11707 F. Sprague Avenue, Suite 106 Spokane Valley, WA 99206. INTERLOCAL AGREEMENT FOR FIRE SERVICES IN THE CITY OF SPOKANE VALLEY (August 1, 2006 -December 31, 2006) THIS AGREEMENT, made and entered into by and between Spokane County Fire District One, a special purpose district organized and operating under the laws of the State of Washington, having offices for the transaction of business at 10319 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as the "District" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 Fast Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "City," jointly hereinafter referred to as the "Parties." The District and the City agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) Cities and special purpose districts may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act). (b) The City has been annexed into the District and the District provides most emergency fire protection services in the City. (c) The City has adopted land use regulations, a series of safety codes for building construction, maintenance, and the use of structures and their occupancies, including the International Building Code (IBC) and the International Fire Code (IFC). (d) The District has a Fire Prevention Division, staffed by trained personnel that regularly conduct fire code safety inspections and conduct fire investigations to determine the origin and cause of fires within the City. (e) The City has a need for the services of the District and the District has the ability to provide the services. (1f] The duty of the District to provide emergency services within the District or under the provisions of this Agreement is a duty owed to the public generally and by entering into this Agreement, the District does not incur a special duty to the City, the property owners, residents or occupants of the City. (g) This Agreement is entered into for the benefit of the parties to this Agreement only and 'shall confer no benefits, direct or implied, on any third persons. Interlocal Agreement for Fire Services, Fire District #1 Page 1 of 9 DRAFT SECTION NO. 2: DEF.INTCIONrS (a) Agreement: "Agreement" means this Interlocal Agreement between the City and FD1 regarding fire code compliance-related services. (b) Ci "City" means the City of Spokane Valley. (c) District: "District" means Spokane County Fire District One. (d) Services: "Services" means those services identified in Exhibit 1. (e) Compensation: "Compensation" means the amount of money which the City will collect and pay the District for providing Services as identified in Exhibit 1. .(f) Uncontrollable Circumstances: "Uncontrollable Circumstances"' means the following events: riots, wars, 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. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which the District will provide Services on behalf of the CI'T'Y. It is the intent of the PARTIES that Services to be provided by the District will be consistent with the CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 4: DURATION/VVITRDRAWAL This Agreement shall commence on August 1, 2006, and nun through December 31, 2006, unless one of the PARTIES provides notice as set forth in Section 7. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January I' to December 31" All renewals shall be subject to all terms and conditions set forth herein or as amended pursuant to Section 13 below. Any Party 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 other Party. SECTION NO. 5: COST OF SERVICES AND PAYMENTS The CITY shall pay the DISTRICT the costs for Services provided under this Agreement as set forth in Exhibit 1, attached hereto and incorporated herein by reference. The CITY shall add the costs for services described in Exhibit 1, along with a fee of $35.00 to reflect the cost of processing these payments, to the permit fees charged by the CITY. The fee amounts set forth in Exhibit 1 shall be forwarded to the DISTRICT. Payments by the CITY will be quarterly. Either party may dispute any claimed moneys owed. In the event the PARTIES cannot mutually resolve any dispute over moneys owed within thirty (30) calendar days from the time a written claim is made, unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 16. The selection of arbitrators as provided for in Section No.- 16 shall commence within thirty (30) calendar days of the running of the thirty (30) calendar day time frame. Interlocal Agreement for Fire Services, Fire District #1 Page 2 of 9 DRAFT The PA.RUES recognize that it is not always possible for either Party to discover errors in payment. The PARTIES further recognize that there must be some finality to addressing such errors. Accordingly, the PARTIES agree that both PARTIES are foreclosed from challenging any errors in payment 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 frame that are not mutually resolved shall be subject to the Dispute Resolution provisions set forth in Section No. 16. SECTION NO. 6: RELATED RESPONSIBILITIES TN CONJUNCTION WITH PROVIDING SERVICES The DISTRICT or designees agree to attend staff or council meetings as requested by the CITY Manager. The DISTRICT or designees agree to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this Agreement. SECTION NO. 7: NOTICE All notices 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; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the DISTRICT or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time- to-time designate by notice in writing to the other Party: COUNTY: Spokane County Fire District No. One 10319 E. Sprague Ave. Spokane WA 99206 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 8: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 9: DISTRICT Ei\'IPLOYEES The DISTRICT shall appoint, hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. SECTION NO. 10: LIABILITY (a) The DISTRICT shall indemnify and hold harmless the CITY and its officers, agents, and employees, from any and all claims, 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 DISTRICT, its officers, agents and employees, relating to 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 CITY, the DISTRICT shall defend the same at its sole cost and expense; provided that the CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in Interlocal Agreement for Fire Services, Fire District #1 Page 3 of 9 DRAFT ` said suit be rendered against the CITY, and its offl cers, agents, and employees, or jointly against the Ci= and the DiSTRJCT and their respective officers, agents, and employees, the DISTRICT shall satisfy the same. (b) The CJTY shall indemnify and hold harmless the DISTRICT and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, mid damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the CFI-Y, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. J.n the event that my suit based upon such claim, action, loss, or damages is brought against the 'DI TR,I.CT, the CITY shall defend the same at its sole cost and expense; provided that the DISTRICT reserves the riglrt to participate in said suit if any principle of governmental or pub] is law is involvW; and if final judgnent ire said suit be rendered against the DISTRICT, and its officers, agents, and employees, or jointly against the DISTRICT and the CITY and their respective officers, agents,- and employees, the C]C Y shall satisfy the same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of such damagre or injury, the liability, loss, cost, or expe se shall be shared between the Parties in proportion to their re.] ative degree of negligence and the right of'inden-in ity sha11 apply to such proportion. (d) Where an officer or employee of a Party is aetii~tg under the direction and control of the other Parry, the Party directing and controlling the officer or ernployee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence- (e) Each Party's duty'to indemnify shall survive the termination or expiration of the Agreement, (f) The foregoing indemnity is specifically u3tended to constitute a waiver of each Party's immunity under Wa~shington's Industrial Insurance Act; chapter 51 RC W, respecting the other party only, and only to the extent necessary to provide the indemrki>fted Party with a fall and complete iridernaify of claims made by. the indemnitor's employees. The PARTIES a4lcnowledge that these Provisions were specifically negotiated and agreed upon by them, ( The DISTRICT and the CITY agree to either self insure or purchase policies of insurance covering the matters contained in this Agreement with coverage's of not less than $3,000,000 per occurrence with $3,000,000 sagpreegate limits including professional liability and auto liability coverage's- SF '.IIONNO. 11: RELATIONSW OF'T`1dE PARTW The PARTTES intend that an independent contractor relationship will be created by this Agfeeme.nt_ The DISTRICT shall be an independent contracwr and not the agent or employee of the CITY, that die CITY is interested only in the results to be achieved and that the right to.controI the particular manner, method and means in which the services are performed is so]ely within the discretion of the DISTRICT. Any and al I employees who provide rvicces to the CITY under this Agreement shall be deemed employees solely of the DI Tt21CT, The DISTRICT shall be-solely responsible for Che conduct and actions of all employees under 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 represettative of the DISrPRIC'f £or any purpose. It is understood that the District shall from time to time upon identification of a life safety violation of *j code or a parking violation impairing access to fire hydrants or routes of ingress or egress to emergency lnterlocaJ Agreement for Tire Services, Fire 1) istrict-9 l . . Page 4 oO DRAFT scenes or restricted fire zones, need to immediately issue citations for these violations. It is further understood that the Fire District, under the authority of the Spokane County Sheriff's Office may, if . necessary, take such actions under the sole authority of the Spokane County Sheriff's Office and or the District and pursuant to a separate agreement with the Spokane County Sheriffs Office. Any costs or liability that may result from these actions shall be the responsibility of either the Fire District or Sheriffs Office respectively. SECTION NO. 12: MODIYICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. Proposals for modification shall be submitted to the other party at least 60 days before the end of the calendar year. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION NO. 14: ALL WRITINGS COiNTARL TD HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. I"io changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the DISTRICT and the CITY Manager. If the DISTRICT and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. The DISTRICT and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES. SECTION NO. 16: VENUE STIPULATION 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 Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SEVERA_BYLITY The PARTIES agree that if any parts, terms or provisions of this 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 Interlocal Agreement for Fire Services, Fire District #I Page 5 of 9 DRAFT obligations of the PARTIES shall not be affected in regard to the remainder of the Agrdement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 18: RECORDS All public records prepared, owned, used or retained by the DISTRICT in conjunction with providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY Manager subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The DISTRICT will notify the CITY of any public disclosure 'request under chapter 42.17 RCW for copies or viewing of such records as well as the DISTRICT'S response thereto. SECTION 1\"0.1.9: HEADINGS The section headings 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. SECTION NO. 20: TTMF OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms 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. 21:. UNCONTROLLABLE CRCUMSTANCES/TA7POSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement 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 accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the DISTRICT which render legally impossible the performance by the DISTRICT of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 22: FILING This Agreement shall be filed by the DISTRICT with such offices or agencies as required by chapter 39.34 R.CW. SECTION NO. 23: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 24: INITIATIVES The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, DISTRICT or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response Interlocal Agreement for Fire Services, Fire District #1 Page 6 of 9 DRAFT to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 25 COMPLIANCE WITH LAWS The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 26: DISCLAL 7R Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or power under law. IN WMTESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY FIRE DISTRICT ONE, By, its DATED: ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM ONI,Y: Office of the City Attorney CITY OF SPOKANE VALLEY David Mercier, City Manager Interlocal Agreement for Fire Services, Fire District #1 Page 7 of 9 DRAFT EXIMIT 1 FIRE CODE FIRE ALARM, SPRINKLER AND OTHER PROTECTION SYSTEMS City processing fee of$35 is added to these l=ire District 1 fees. Plans check and review fees, inspections, and permit for installation of separate fire alarm system or sprinkler system applications, and other fire protection systems. Fire Alarm System New installation 14 devices $ l50 5-100 devices $250 Additional 100 devices $ 50 Each additional panel $ 40 Sprinkler supervision only $ 75 Each additional floor $ 40 Fire Sprinkler Systems 1-9 heads $ 53 10-49 $165 50-100 $275 101-200 $325 201-300 $350 301-400 $375 401-500 $425 500+ $500 + $33 per head For hydraulically designed systems multiply the above fee by 2 'r New Suppression Systems Range hoods, halon, C02, dry chemical, FM 200, intergen spray booths, etc. Unit 1-5 nouJes $100 Over 5 nozzles $100 + $10 per nozzle Bottle(s) $30 per bottle Fire Pump Installation Plan review & inspection fee Underground Fire Mains -Plan review and inspect. Standpipes not a part of automatic suppression system Plan review and inspection Interlocal Agreement for Fire Services, Fire District #1 $500 $150 $150 Page 8 of 9 DRA r Other Protection Systems Fire extinguishing system (other than sprinklers) - $ 50 plus $1.50 per nozzle Standpipe installation Class I and Class it $ 58 ' Class 1.1:1 $ 70 Tank installation - per tank Flammable and combustible liquids - storage tanks installation $ 60 Hazardous materials - storage tanks installation $ 60 Liquefied petroleum $ 60 Gaseous oxygen systems $ 60 Nitrous systems $ 60 Medical gas systems $ 60 Hazardous material recycling systems $ 60 Vapor recovery system $ 60 Cryogenic $ 60 Removal, abandonment or any combination thereof of flammable or combustible liquid storage tanks $ 90 Emergency or standby commercial power generator install $ 60 PERMITS Conditional Use Permit Temporary Use Permit Tents/canopy Permit (event) $ 60 $ 60 To be determined PLANS CHECK AND REVIEW BY THE BUREAU OF FIRE PREVENTION New commercial plans check and inspection (for projects not mentioned elsewhere) $ 60 LAND USE Subdivision/PUD Preliminary Final Short Plat Preliminary. Final $120 $ 60 $120 $ 60 Interlocal Agreement for Fire Services, Fire District #I Page 9 of 9 `J CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public*hearing . ❑ information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: Motion Consideration: Precinct Building Lease Agreement GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Approved Precinct Building purchase on June 6, 2006 BACKGROUND: The Council agreed to buy the Spokane Valley Precinct Building and Premises for the original value of $2.4 million less the City's remaining equity credit of $639,090, for a remaining balance of $1,760,910. The City will make an initial down payment of $500,000 and the County will draw down the remaining balance through lease charges. The County will continue to provide maintenance through the end of 2006 according to the terms of the current agreement. The City will provide maintenance beginning January, 2007 and charge the County its proportionate share. This agreement reverses the roles of the County and the City in the previous Precinct Agreement. The major terms remain the same with insurance requirement language updated to reflect Washington City Insurance Authority recommended language. In addition, if the County terminates the agreement before the County's equity credit is exhausted, the City will pay the County the remaining portion at the same rate that existed at the time of the termination. RECOMMENDED ACTION OR MOTION: Move to approve the Lease Agreement Between The City Of Spokane Valley and Spokane County regarding The Spokane Valley Precinct Building located At 12710 EasbSprague, Spokane Valley; and to authorize the City Manager or designee, to sign the agreement. BUDGET/FINANCIAL IMPACTS: The City will pay the County for the full year of maintenance in 2006 at an approximate cost of $60,000. In subsequent years, the City will provide maintenance and charge the County for its proportionate share. The County will not make lease payments to the City until its equity credit is exhausted, estimated to be in 2017. STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative Analyst ATTACHMENTS 1. Spokane Valley Precinct Building and Premises Purchase Agreement Return To: City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY REGARDING THE SPOKANE VALLEY PRECINCT BUILDING LOCATED AT 12710 EAST SPRAGUE, SPOKANE VALLEY This Lease Agreement is entered into by the City of Spokane Valley (referred to as "City" or "Owner"), and Spokane County (referred to as "County" or "Tenant"), and jointly referred to hereinafter as the "PAW171ES". WITNESSETH: WHEREAS, the City is the owner of certain premises located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, which have been used as the Spokane Valley Precinct Building (referred to as "Precinct Building" or "Premises") f''or approximately four years. WHEREAS, the City obtains police services from County and the -Spokane County Sheriff through a separate interlocal agreement. Those police services are provided out of the Precinct Building, and currently comprise 56% of the use of the Premises. WHEREAS, The Spokane County Sheriff also presently provides police services to citizens in the eastern part of unincorporated Spokane County from the Precinct Building. Additionally, Spokane County District Court presently utilizes a portion of the Premises for adjudication of traffic infractions and small claims cases. The uses by Spokane County currently comprise 44% of the use of the Premises. WHEREAS, City recently purchased the Premises from the County. The sale price was $2,400,000. The consideration from City to County included application of $639,090 in previously-recognized equity to the City towards the sale price, and a cash payment of $500,000, leaving a balance of $1,260,910 as of June 1, 2006. WHEREAS, the remaining balance of $1,260,910 as of June 1, 2006, will be paid as a credit by City to County in the form of tenant use of the Premises by County as set forth in the body of this Lease Agreement or as provided otherwise in this Lease Agreement. Page 1 of 10 NOW, THEREFORE, in consideration of the mutual promises set forth herein, the PARTIES do hereby agree as follows: 1. PURPOSE. The purpose of this Lease Agreement is to set forth the PARTIES' understanding regarding the terms and conditions under which the County may occupy a portion of the Premises. The County currently occupies 44% of the Premises. 2. PRE1VHSES. The terminology "Premises" shall mean that parcel of property located and any improvements thereon at 12710 East Sprague Avenue, Spokane Valley, Washington 99216. The legal description of the Premises is as follows: Parcel number 45222.0227 Opportunity. The N 428 ft of the W %z of the W '/2 of TR 162 and the N 428 ft of the W %2 of the E % of the W %a of SD TR 162 and the W 10 ft of the N 428 ft of the E. %z of the E '/z of the W%of SD TR162. 3. CURRENT USE OF THE PREMISES. The City agrees to allow the County to use a portion of the Premises on a yearly basis. County currently uses 44% of the Premises for various purposes including but not limited to use by the Spokane County Sheriff. The PARTIES anticipate that County may continue to use up to 44% of the Premises for criminal justice purposes or purposes not incompatible with criminal justice related purposes until December 31, 2017, or such time as the County's equity credit addressed in Section 6 is exhausted or either party terminates this Lease Agreement and the City pays the County any remaining equity credit as provided for in Section 5 below. 4. FUTURE USE OF THE PREMISES. During the term of this Lease Agreement, the PARTIES agree that County may desire to decrease its percentage usage of the Premises, or City may desire to increase its percentage usage of the Premises. In that event, the Party desiring to change the usage ratio shall give written notice to the other Party by March 1 to become effective in the subsequent year. Any change in the usage ratio shall be done through an addendum to this Lease Agreement, and shall specify any change in. the drawdown of the equity credit held by County as set forth in Section 6 below, and any change in the duration of the Lease Agreement, as set forth in Section 5, below. 5. TERM OF LEASE AGREEMENT. The term of this Lease Agreement shall be retroactive to June 1, 2006, and expire on December 31, 2017. In the event of a change in use of the Premises pursuant to Section 3, above, the term of the Lease Agreement may be modified. Either Party may terminate this Lease Agreement for any reason whatsoever upon six months written notice to the other Party, with notice to be made no later than June 30, of any year, such that the termination takes effect prior to or on December 31, of any year. This six month requirement is in recognition of the need for advanced budgetary planning by both entities. hi the event of termination of this Lease Agreement by either Party, the City shall pay the County any remaining equity credit owing as of the date of tennination. Such payment shall. occur over i the same time frame that the County would have received the draw down addressed in Section 6 .i except there shall be no further CPI adjustments to the "use fee" as of January 0 of any year. Page 2 of 10 The square footage used as the basis of the payment shall be the square footage occupied by the County on the date of the termination of the Lease Agreement. Said payments shall occur on or before December 31 " of each year for that year. 6. PAYMEN'T'. The County will pay the City a "use fee" for its use of a portion of the Premises by drawing down the County's equity credit in the Premises. The "use fee" does not include payment for maintenance and operation costs related to maintaining the Premises, which are addressed separately in Section 7, below. The base monthly lease rate cost for 2006 shall be $9.61 per square foot. For each year thereafter, the lease rate shall be adjusted in an amount equal to the change in the Consumer Price Index (CPI) - All Urban Consumers. The change in the CPI will be calculated by taking the CPT average for the entire base year and comparing it to the CPI average for the subsequent year. For instance, the CPI average for 2005 will be compared to the CPI average for the entire year of 2006 and the percentage difference will be applied to the lease rate of 2006 to determine the lease rate for 2007. 7. MAINTENANCE AND OPERATIONS COSTS. Maintenance and operations costs (referred to as "M&O') include various categories of items including utilities (electric, water, sewer), garbage, janitorial services, inspection services, City indirect costs, capital improvements and other miscellaneous M&O costs. M&O costs do not include telecommunications services or computer and computer network services of any kind. M&O will be a number representing a square footage charge allocated to all occupants of the Premises based upon their percentage of square footage occupancy. The PARTIES acknowledge that there may be unanticipated, not budgeted M&O costs in any calendar year, as well as unanticipated, not budgeted, capital improvements in any calendar year. The City Manager or designee shall notify the County Chief Executive Officer (CEO) or designee in writing on or before September 1 of each calendar year of the planned capital improvements for the Premises in excess of $4,999.99. City will consider the County's written comments on the planned capital improvements so long as they are received within fifteen (15) days of the date of the notification to County. The City's determination of the necessity of the capital improvements shall be binding on the PARTIES. The City Manager or designee shall advise the County CEO or designee of any unanticipated, not budgeted, capital improvements that may arise. The costs of any such capital improvements shall be allocated in the year of the improvement and shall not be amortized over the life of the improvement For the calendar year 2006, the COUNTY will continue to provide maintenance of the Premises and charge the CITY for its proportionate use. For calendar year 2007 and subsequent years, the CITY will provide maintenance of the Premises and charge the COUNTY for its proportionate use. The PARTIES agree that the estimated M&O will be based upon the City's budgeted M&O for the County's 44% occupancy of the Premises. Monthly billings for M&O will be determined by dividing that yearly amount by twelve. This formula will be used for each successive year in which this Lease Agreement is in effect. Page 3 of 10 - At the end of each calendar year, the PART fES shall apply the actual expenditures and the actual occupancy percentage to determine the final cost. It is the PARTIES intent that any adjustment take place as soon as possible and accordingly Nvill use their respective best efforts to timely prepare, disseminate and review all expenditure documentation. The COUNTY will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the CITY with any written objections(s) to such documentation. The written objection(s) must specifically identify the expenditure(s) in question. The CITY agrees to consider all written objections received from the COUNTY within thirty (30) calendar days of receipt of the objection(s). In the event that the PARTIES cannot mutually resolve any written objection(s) submitted by the COUNTY within the thirty (30) calendar day time frame, of such other time frame as the PARTMS may mutually agree, the objections shall be resolved pursuant to the dispute resolution provisions set forth in Section No. 16. Pending resolution of the objections(s), the PARTfES agree that the COUNTY shall pay that portion of the bill that is undisputed. To the extent that the COUNTY was over billed in any year and the Lease Agreement is still in effect, the CITY shall credit the COUNTY for such overpayment in the next monthly payment owing by the COUNTY. Provided, however, in the event the Lease Agreement is terminated at such time that the overpayment is determined, the CITY shall reimburse the COUNTY for any overpayment ,..within thirty (30) calendar days. To the extent that the COUNTY was under billed in any year and the Lease Agreement is still in effect, the COUNTY shall reimburse the CITY for any underpayment in the next monthly payment owing by the COUNTY. Provided, however, in the event the Lease Agreement is terminated at such time that the underpayment is determined, the COUNTY shall reimburse the CITY for any underpayment within thirty (30) calendar days. Either Party may at its sole option charge interest on any overpayment or underpayment based on lost interest earning had the amount determined due been invested in the respective PA rfES investment 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 16 shall include at the request of either Party, a determination of whether interest is appropriate, including the amount. The CITY will bill the COUNTY for the cost of M&0, as outlined, monthly, by the 15'h of the month. Monthly payments will be calculated by dividing those annual costs set forth herein above by hvelve (12). Payments by the COUNTY will be due by the 5u' day of the following month. The CITY, at its sole 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 CLTY'S investment pool. For the purpose of this Lease Agreement the CITY shall furnish customary janitor/cleaning service, electricity for lighting and operating of low power usage office machines, heat, normal office air condition, and common area maintenance, during ordinary business ours of the Precinct Building. 8. MODIFICATION. The PARTIES may modify any term contained in this Lease - Agreement, but only by mutual written agreement. Page 4 of 10 9. ALTERATIONS, ADDITIONS, OR IMPROVEMENTS. COUNTY shall not, without first obtaining the written consent of the CITY, make any alterations, additions, or improvements in, to, or about the Premises. 10. INSURANCE. COUNTY shall procure and maintain for the duration of the Lease Agreement, insurance against claims for injuries to persons or damage to Premises which may arise from or in connection with the COUNTY'S operation and use of the Premises. No Limitation. COUNTY'S maintenance of insurance as required by the Lease Agreement shall not be construed to limit the liability of the COUNTY to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance - COUNTY shall obtain insurance of the types described below: 1. Commercial' General Liability insurance shall be written on Insurance Service Offices (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The CITY shall be named as an insured on COUNTY'S Commercial General Liability insurance policy using ISO 'Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. Pro e insurance shall be written on an all risk basis. Minimum Amounts of Insurance COUNTY shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 2. Property insurance shall be written covering the full value of COUNTY'S property and improvements with no coinsurance provisions. R. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The COUNTY'S insurance coverage shall be primary insurance with respect to the CITY. Any insurance, self-insurance pool coverage maintained by the CITY shall be excess of the COUNTY'S insurance and shall not contribute with it. 2. The COUNTY'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. C. Acceptability of Insurers - Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII or with a risk pool. Page 5 of 10 D. Verification of Coverage - COUNTY shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the COUNTY. E. Waiver of Subrogation - COUNTY and CITY hereby release and discharge each other from all claims, losses and liabilities arising from or.caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. E. City's Property Insurance - CITY shall purchase and maintain during the term of the lease all-risk property insurance covering the Building for their full replacement value without any coinsurance provisions. 11. INDEMNIFICATION AND HOLD HARMLESS. A. CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees from all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, by any reason of or arising out of any negligent act or omission of the CITY, its officers agents, and employees relating to or arising out of its obligations under the terms of this Lease Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its offices, agents, and employees or jointly against COUNTY and CITY and/or their respective officers, agents and employees, CITY shall satisfy the same. B. COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees fiom all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, 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 of its obligations under the terms of this Lease Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of goveriuncntal or public law is involved; and if final judgment in said suit be rendered against CITY, and its offices, agents, and employees or jointly against COUNTY and CITY and/or their respective officers, agents and employees, COUNTY shall satisfy the same. C. The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW 51, respecting the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. Page 6 of 10 12. NOTICES. All notices 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; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time-to-time designate by notice in writing to the other Party: COUNTY: Chairman of Board of County Commissioners or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 13. COUNTERPARTS. This Lease Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. 14. ASSIGNMENT. Neither Party may assign in whole or part its interest in this Lease Agreement without the written approval of the other Party. 15. WRITINGS CONTAINED BE RE, IN/BINDING EFFECT. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Lease Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 16. DISPUTE RESOLUTION. Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CFO and the CITY Manager. If the COUNTY CFO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter RCW 7.04 shall -be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter RCW 7.04. The costs of the arbitration panel shall be equally split between the PARTIES. 17. VENUE STIPULATION. This Lease 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 Lease Agreement shall be governed by the laws of Page 7 of 10 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 Lease Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. 18. SEVERABILITY. The PARTIES agree that if any parts, terms or provisions of this Lease 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 PARTIES shall not be affected in regard to the remainder of the Lease Agreement. If it should appear that any part, term or provision of this Lease Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Lease Agreement shall be deemed to modify to conform to such statutory provision. 19. RECORDS. All public records prepared, owned, used or retained by the CITY in conjunction with this Lease Agreement shall be deemed CITY property and shall be made available to the COUNTY upon request by the COUNTY CEO subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The CITY will notify the COUNTY of any public disclosure request under chapter RCW 42.17 or RCW 42.56 for copies or viewing of such records as well as the CITY'S response thereto. 20. TIME OF ESSENCE FOR LEASE AGREEMENT. Time is of the essence for this Lease Agreement, and in case either Party fails to perform the obligations on its part to be 1 performed at the time fixed :for the performance of the respective obligation by the terms of this Lease Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. 21. UNCONTROLLABLE, CIRCUMSTANCE AMPOSSIBMITY OF PERFORMANCE. A delay or interruption in or failure of performance of all or any part of this Lease Agreement 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 Lease Agreement resulting from any change in or new law, order, rule or regulation of any nature which makes complying with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the CITY which 'render legally impossible the performance by the CITY of its obligations under this Lease Agreement, shall be deemed not a default under this Lease Agreement. 22. NO WAIVER. No officer, employee, or agent of the CITY or COUNTY has the power, right, or'authority to waive any of the conditions or provisions of this Lease Agreement. No waiver of any breach of this Lease Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Lease Agreement at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. The failure of either Party to enforce, at any time, any of the provisions of this Lease Agreement or to require, at any time, performance by the other Party of any provisions shall not, in any way, Page 8 of 10 affect the validity of this Lease Agreement or any part hereof, or the right of either Party to hereafter enforce each and every such provision. 23. MAINTENANCE AND OPERATIONS RESPONSIBILITIES. The PARTIES executed a document under Spokane County Resolution No. 04-0677 entitled " 1NTERLOCAL COOPERATION AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY WITH REGARD TO THE PRECINCT BUILDING." Under the terms of that document, the County agreed to provide M & 0 to the Premises. The City desires the County to continue to provide M & 0 to the Premises from June 1, 2006 through December 31, 2006. Accordingly the PARTIES agree that all provisions of this Lease Agreement relative to M & 0, including but not limited to those in Section 7, shall commence as of'January 1, 2007. Until. that time frame, the County shall retain the responsibility of M & 0 for the Premises and the City shall retain the responsibility for payment to the County for such M & 0 as set forth in that document executed under Spokane County Resolution No. 04-0677 entitled "INTERLOCAL COOPERATION AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY WITH REGARD TO THE PRECENTCT BUILDING." I IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY TODD MIELKE, Chairman ATTEST: MARK RICHARD, Vice-Chairman Clerk of the Board Daniela Erickson PHILLIP D. HARRIS, Commissioner DATED: CITY OF SPOKANE VALLEY ATTEST: David Mercier, City Manager Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office of the City Attorney Page 9 of 10 STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DAVID ME,RCIER., CITY MANAGER, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed is the seal of said City. IN WITNESS WTI_TR1:0F, I have hereunto set my hand and affixed my seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 City Manager Sign-off: Item: Check'all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Approval of the collective bargaining agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270-V, American Federation of State, County and Municipal Employees (AFSCME), for the term of July 16, - December 31, 2006. GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City of Spokane Valley (City) negotiated with the Washington State Council of County and City Employees; Local 270-V, AFSCME (Union) the attached collective bargaining agreement. It has been agreed upon by the negotiating parties, subject to approval by the Council and ratification by the Union members. The Union members voted to ratify the agreement on June 29, 2006. There is a 6% cost of living adjustment (COLA) to the 2003 salary matrix. This COLA is the first adjustment to the salary matrix for employees who are represented by the unit, since incorporation in 2003. The agreement is effective July 16, 2006, contingent upon approval by both parties by that date. OPTIONS: Ratify the collective bargaining agreement, effective July 16, 2006 or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to ratify the collective bargaining agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270-V, AFSCME, for the term of July 16, - December 31, 2006. BUDGET/FINANCIAL IMPACTS: There are sufficient funds available in the 2006 budget. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Finalized Collective Bargaining Agreement - 7/16/06 - 12/31/06 2. June 29, 2006 letter from Dean Vercruysse 7 , A EME' NT BETWEEN THE CI'T'Y OF SPOKANE VALLEY AND TI-Wi, 11A1 .4r,UN;1. iYNSTA Er l.rV VNC.i+1 OF COUNTY AND CITY EATIPLO ES LAX, 270-, ,kFSIE - July 16, 2006 - T)ec mbee 31, 2406 DRAFT - 71312046 19ABLE OF CONTENTS Page ARTICLE 1 - EMI3ODINIENT I ARTICLE 2 - RECOGNITION 1 ARTICLE 3 - UNION SECURITY 2 ARTICLE 4 - SETTLE ENT OF DISPUTES 3 ARTICLE 5 - SENIORITY 6 ARTICLE 6 - BULLETIN BOARDS, UNION OFFICIALS T 1MRE OFF AND VISITATION 7 ARTICLE 7 - MANAGEMENT RIGHTS 8 ARTICLE 8 - PROBATION AND DISCIPLINE 9 ARTICLE 9 - WAGES 10 A.RTI'CLE 10 - HOURS OF WORK 12 ARTICLE I I - GENERAL PROVISIONS 13 ARTICLE 12 - HEALTI-( AND WELL-BEING 13 ARTICLE 13 - SICK LEAVE 15 ARTICLE 14 - ADDITIONAL REASONS FOR LEAVE 16 ARTICLE 15 - VACATION LEAVE 17 ARTICLE 16 - HOLIDAYS 18 ARTICLE 17 - DRUG TESTNG 19 ARTICLE 18 -LOCKOUTS 19 ARTICLE 19 - SAVING CLAUSE 20 i PREAMBLE This Agreement entered into by the City of Spokane Valley, hereinafter referred to as the City, and the Washington State Council of County and City Employees, Local 270-V AFSCME, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the City and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. TERINT OF AGREEMENT This Agreement shall become effective on the 16"' day of July, 2006, and shall continue in full force and effect through the 31s' day of December, 2006. A.RTTCLE 1- EM130D11i .TENT 1.1 It is mutually agreed that the City management and Local 270-V shall work together individually and collectively to provide the public with efficient and courteous service, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in all departments of City government. 1.2 This Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement or practice shall add to or supersede any of its provisions. The parties acknowledge that during the negotiations which preceded this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law ftom the area of collective bargaining slid that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right, and each agree that the other shall not be obligated to bargain collectively with respect to any mandatory subject of bargaining not specifically referred to, or not settled, during the course of these negotiations. Such matters shall also not be subject to the grievance procedure. ARTICLE 2 - RECOGINITTON The City recognizes the Union as the sole and exclusive bargauiing representative for al.l. eligible fiilltime and regular part-time non-uniformed employees in professional, technical and clerical positions in the Executive and Legislative Support, Community Development, Public Works, Parks and Recreation, and Operations and Admuustration Departments of the City of Spokane Valley, excluding supervisors, confidential employees, seasonal employees and casual employees. A seasonal or casual employee is any employee lured to work for no more than six continuous months or 1040 hours in a calendar year, whichever is greater. ARTICLE 3 - UNION SECURITY 3.1 Union Security. Each employee who, on June 1, 2006, is a dues-paying member of the Union, shall, as a condition of employment, maintain his/her dues-paying membership in the Union during the term of this Agreement. Employees who are not dues-paying members of the Union prior to June 1, 2006 shall have the option of choosing to become or not become dues- paying members of the Union. New employees hired after June 1, 2006 shall, as a condition of employment, become a dues-paying member of the Union after thirty-one (31) days or as a condition of employment, any employee hired after June 1, 2006, who does not wish to be a dues-paying member of the Union, shall proportionately and fairly share in the cost of the collective bargaining process by paying to the Union a maintenance fee equivalent to the amount of dues uniformly required of each member of the bargaining unit. Should any employee be opposed to joining the Union by bona fide religious tenets or teachings of a church or religious body of which said public employee is a member, that public employee shall pay an amount of money equivalent to regular Union dues to a non-religious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which said public employee would otherwise pay the dues. The public employee shall furnish written proof that such payment has been made. If no decision can be reached on an acceptable charitable organization, the Public Employment Relations Commission shall designate the charitable organization. Should a bargaining unit member who is required under the provisions above to become a dues-paying member and maintain such membership in good standing fail to do so after receiving notice of default from the Union, the Union shall provide the City with a request to terminate the employee's employment under this Article, and documentation substantiating the employee's noncompliance and receipt of notice of default. On a one-time basis, the City will offer the employee a one-week unpaid Decision Making Leave. At the expiration of the Decision Making Leave, the employee must comply with the above by paying his/her dues or entering into'a payment plan with the Union to do so, paying a maintenance fee or the equivalent to a charitable organization based upon bona fide religious tenets or teachings of a church, or leave the City's employ. 3.2 Dues Check-Off. The City agrees to deduct, once each month, dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer of the Union. The Union shall notify the City at least thirty (30) days in advance of any changes in its fees. 3.3 Defense/Indemnity. The Union agrees to defend, indemnify, and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 2 ARTICLE 4 - SETTLEMENT OF DISPUTES 4.1 Grievance Defined. Agrievance is defined as any dispute involving the interpretation, application or alleged violation of any provisions of this Agreement. 4.2 Time Limits. Time limits within the grievance procedure may be waived or extended by the mutual agreement of both parties. If the Union, on behalf of the employee(s), fails to act or respond within the specified time limits, the grievance will be considered waived. If the City fails to respond within the specified time linZits, the grievance shall proceed to the next step of the grievance procedure. The day after the event, act or omission shall be the first day of a timeline under this Article. In the event a time limit Linder this Article ends on a weekend. or holiday, the deadline will automatically be extended to the following business day. Submissions will be considered timely under this Article if they are received by 5:00 p.m. on the last day called for under an applicable time limit. 4.3 Submission of Grievances and Responses. All grievances not resolved at the supervisory level and requests for arbitration must be submitted to the appropriate Department Director and City's Chief Human Resources Officer or designee, by fax, hard copy, and/or electronic mail. The grievance shall include the facts giving rise to the grievance, the section(s) of the Agreement allegedly violated, and the remedy sought. All City responses will be submitted to the Union's Spokane business office by hard copy or fax. 4.3.1 Employee Representation. Grievances may be filed by the Union on behalf of an employee or on behalf of a group of employees. The grievance will state the name of the employee or the names of the group of. employees. The Union, as exclusive representative, is considered the only representative of the employee in each step of the grievance procedure and at any meetings scheduled to discuss a grievance. The Union has the ,ht in each step of a grievance to designate the person who will represent the employee on rig behalf of the Union. 4.3.2 Resolution. (a) Step 1. Employees are encouraged to attempt to resolve complaints through informal discussion with their supervisors. The parties are encouraged to meet and discuss the issues raised in the grievance and explore options for resolving the grievance at each step in the dispute resolution process. The City and Union may also agree to by-pass any of the steps in the grievance process. (b) Step 2. If the parties are unable to resolve the grievance at the supervisor level, the Union, on behalf of the aggrieved employee shall submit the grievance in writing to the Department Director of the relevant department and Chief Human Resources Officer, within thirty (30) calendar days of the day the employee or Union knew or reasonably ! should have known of the events giving rise to the grievance. The appropriate Department Director or designee shall respond to the grievance in writing Arithin fourteen (14) calendar days of its receipt. (c) Step 3. If the parties are unable to resolve the grievance after discussing the issue with the Department Director, the Union shall submit the written grievance to the City Manager within fourteen days of its receipt of the Department Director or designee's response. The City Manager or his designee shall respond in writing to the grievance within fourteen (14) calendar days following its receipt. (d) Step 4. Should the preceding steps fail to resolve the grievance, the Union shall notify the City in writing within fourteen (14) calendar days after its receipt of the City Manager or designee's response of its intent to move the grievance to arbitration. 4.4 Arbitrator Selection. Within a reasonable period of time after receiving the Union's notification, the parties shall confer and attempt to agree on a neutral arbitrator. If unable to reach agreement, they shall request a list of eleven (11) arbitrators from the Federal Mediation Conciliation Services ("FMCS"). If the parties are unable to obtain a list from FMCS, they may request a list from the Public Employment Relations Commission (PERC). The list shall be limited to arbitrators from Washington and/or Oregon. Within fourteen (14) calendar days following the receipt of the list of eligible arbitrators, the parties' representatives shall meet to select an arbitrator. If the parties are unable to mutually agree upon an arbitrator, they shall each strike five arbitrators from the list in an alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be the loser of a flip of a coin. - 4.5 Rules Coverninp Arbitration. The arbitrator will: (a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement; (b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it; (c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement, and shall limit any award of back'pay or other remedy to no more than 30 days prior to the submission of the grievance iii writing to the supervisor (unless the amount owing is due to a payroll error); and (d) Not reduce the discipline rendered if he/she finds there was just cause for disciplinary action as defined in Article 8.3 4.6 Arbitrator's Decision. The Arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post-hearing briefs, whichever is later. The decision shall be fuial, conclusive and binding on the City, the Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction. , 4.7 Arbitration Costs. The expenses and fees of the arbitrator and the cost (if any) of the hearing room will be shared equally by the parties. 4 If either party desires a record of the arbitration, a court reporter may be used. If that party purchases a transcript, a copy will be provided to the arbitrator, free of charge. If the other parry desires a copy of the transcript, it will pay for half of the costs of the fee for the court reporter, the original transcript and a copy. . Each party is responsible for the costs of its staff representatives, attorneys, and all other costs related to the development and presentation of its case. 4.8 Election of Remedies. The parties agree that the grievance procedure contained in this Agreement shall be the employee's sole remedy for issues covered by this Agreement, provided that employees may also seek redress or review by an external body, whether administrative or judicial, of alleged violations of the employee's statutory rights. ARTICLE 5 - SENIORITY 5.1 Job Classification Seniority Defined. The length of continuous service in the employee's job classification. 5.2 Seniority List. The City shall prepare a list of full time employees showing their seniority and deliver the same to the Union on an annual basis. Upoil completion of their probationary period, new employees shall be added to the seniority list. _ . % The list shall reflect the employee's name, classification and date of appointment, classification seniority and length of service with the City. 5.3 Lgyo: A reduction in force is accomplished in accordance with this Article. 5.3.1 Purpose and Notice. In the event that the City determines that financial or operational needs require a layoff, the City will identify the specific position(s) and/or employees affected by the layoff, and will provide a minimum of fourteen (14) days notice to the employee(s) designated for layoff. 5.3.2 Selection of Layoff. In the event there is more than one employee in a position identified for a reduction-in-force, the City shall consider the employee's ability, performance and qualifications to perform the remaining job; where ability, performance and qualifications are judged equal by the City, classification seniority will be the determining factor. 5.3 ).3 Layoff Recall. Employees are eligible for recall to the position in which they were laid off in the inverse order in which they were laid off assuming they are qualified to perform the position. An employee on layoff must keep the City infornied of the address and telephone number where he/she can be contacted. If the City is unable to contact the employee within ten (10) calendar days, the City's obligation to recall the employee shall cease. The City sliall have no obligation to recall. an employee after he/she has been on continuous layoff for a period exceeding nine (9) months. Should an employee not return to work when recalled, the City shall have no further obligation to recall him/her. 5 ARTICLE 6 - BULLETIN BOARDS, UNION OFFICIALS TIME OFF AND VISITATION. 6.1 Bulletin Boards. The City shall allow the Union to use a designated Bulletin Board for official Union postings. Material posted on the bulletin board shall be appropriate to the workplace, and in compliance with state ethics laws, election laws and identified as Union literature. 6.2 Officers and Stewards. The Union shall furnish to the City an up-to-date list of officers and stewards and their work locations at least annually with changes as they occur. 6.3 Union Officials Time Offfor Collective Bargaining. Up to two union officials shall be granted up to two hours paid time-off to participate in each labor negotiation session on behalf of employees in the bargaining unit, provided that the request for time off is approved in advance by the supervisor. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time-sensitive assignment. 6.4 Union Activities. Shop stewards may use paid time to conduct collective bargaining with the City as set forth in Article 6.3, attend investigatory interviews conducted by the City where the employee reasonably expects discipline will follow and has requested Union representation (Weingarten interview), and represent employees in grievance meetings and Loudermill hearings with the City. Except as set specifically forth above, the City shall not compensate bargaining unit employees and shop stewards for union related activities. Union officers, stewards and negotiating team members must notify their supervisors before performing any representational activities that will take them away from work for a period of longer than fifteen (15) minutes, and all such time must be recorded on. the employee's time sheet. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a iiine-sensitive assignment. 6.5 Visitation. With reasonable advance notice, a representative of the Union may visit the work location of the employees covered by the Agreement at a reasonable time for the purpose of investigating grievances. Said representative shall limit his activities during such investigations to matters relating to this Agreement, and such visits shall be conducted in a manner that will not be disruptive to City operations or interrupt employees' work time. Work hours shall not be used by employees or the Union for the promotion of Union affairs other than as stated above. ARTICLE 7 - A NAG&VIEN T RIGHTS 7.1 Management Rights. The City reserves the right to manage its affairs in accord - with its lawful mandate, and retains all management powers and authority recognized by law and _ not specifically abridged, delegated or modified by the terms of this Agreement. 6 7.2 Examples of Management Rights. The City's sole and exclusive rights include, but are not limited to, the rights to: 7.2.1 Plan, direct and control all operations and services of the City; 7.2.2 Establish the mission, budget, strategic direction, service levels, staffing levels and resource requirements for all operations and services; 7.2.3 Develop, interpret, amend and enforce reasonable written policies, procedures, rules or regulations governing the workplace, including those described in the City's Administrative Policies and Procedures, as amended from time to time, provided that such policies, procedures, rules and regulations do not conflict with the provisions of this Agreement; 7.2.4 Determine the methods, means; organization and number of personnel by which such operations and services shall be made or purchased; 7.2.5 Supervise, transfer, promote and direct employees; 7.2.6 Plan and implement any reductions in force, including the determination of the reason for any reduction in force and the identification of the specific position(s) or job classifications affected by a reduction in force; 7.2.7 Assign work, schedule the hours of work, alter work schedules, and assign or change work locations, subject to Article 10; 7.2.8 Authorize overtime; 7.2.9 Establish the duties and responsibilities of positions and employees, including the development and alteration of classification and job descriptions; 7. 2.10 Establish and irnplement*poticies and procedures for evaluating the perfounance of employees; 7.2.11 Determine all levels of staffing, including the number of employees and other personnel to be assigned to duty at any time; 7.2.12 Recnut, hire and promote employees into positions based on standards established by the City; 7.2.13 Determine whether duties, tasks, or services should be performed by non-unit personnel, including other employees, volunteers, Department of Gabor and .Industries' workers, interns or third party contractors. However, if the City's proposed use of the above would reduce the number of authorized full. time positions in each classification in the bargaining unit as of June 1, 2006, the parties agree to abide by R.C`V 41.56; 7 T2,14 ]discipline or'discharge probationary employees as it deems app-rophate, i and to discipline or discharge ernpioyees who have completed pwbatiork'Cor cause as set forth in Article 8.3; 7.2.15 PerfbiTa all other. functions not expressly limited by this Agreerneaxt. 7-3 Bargairung_ObligLjon. Except as provided by this Article, the parties raclcoowledge their obligation to bargain regarding matten af'eetii,g wages, hutirs and working conditions. TITLE 8 - PROBATION AND DIS CIPLEME, $-1. A] I new employees will be required to serve a probationary period of six ( months from the date of hue- The probationary period may be extended up to six (6) month at the ityF's discretion. The City may discharge a pa=obationary employeg at its sole discretion and without just cause upon written notice'to the employee and the Union- .Employees serving their probationary period ~IalI have no access to the Settlement of Disputes procedure in Article 4 above. Employees shi l accrue sick and vacation Leave benefits under this Agrreemeaxt during their probationary period, but sliall not be ezxtitied to use vacation benefits until they hEiVe suweWally completed their probationax period. 8. Promotion Proba~ on, It is the policy of the City to advertise position opeaaings. Qualified employees may apply for vacant City positions that represent a promotion l opportunity for a QwrenI employee. All employees receiving a promotional appointment will serve a six (6) month probation- The probation may be extended an additional six MoTdhs at the City's discretion. ]wring the probationary period, an employee may revert to hislher previously held posi.tiork if the po6tion is vacant, or filled by a temporary oy casual enaployee; and the employee still meets the minimum qua] 1-6 cations for the position, If the City deterzni.ues that W-k employee is not succeeding ui his/hex- new position, the employee may also revert to the employee's previously .held positicii if the position is vacant; or filled by a temporary or casual employee, and the employee stU.] imeets the minimum qualifications for the position. If the position is not vacant or the employee no IoBgex )reefs the nlinimLIM qualifications, the f,aiployee will be terminated and available for recall under Article 5.3. The Cityf's determination that an employee has not succeeded in a position during this pmbatiouary period may not be chaReRged tbrough the grievance procedure, Nothing In this Article is intended to affect the City's right to discharge or discipline a probationary employee for aisconduct. 8.3 Discipline. The City has the right to reprimand, suspeixd, demote or terminate nonprobationary employees for just cause- For purposes ofthis Agreement, the parties agree that just cause mealas a Iegitimate and reasonable reason for discipline. Discipline ger0cally+ will be progressive, however, serious misconduct may be grounds for immediate termination. The detexn3anation of whether circumstances warrant immediate suspeusioa or termination shall be made by the City 8-4 Notice and ppeal_ ighhts.. The City IA111 advise employees that tbey have, the right to request union representation during an investigatory interview with the City in which they are the subject of alleged misconduct that may result in disciplinary action, Employees 8 shall have the right to a Loudermill hearing if the proposed discipline involves a demotion, suspension or termination. Employees who have been demoted, suspended or terminated have the right to appeal such actions through the Settlement of Dispute procedure if they submit their grievance in writing to the Chief Human Resources Officer within ten (10) working days of the date the discipline was issued. Oral reprimands are not subject to the Settlement of Dispute procedure. Written reprimands can only be processed through Step 2 of the Settlement of Dispute procedure, and may not be taken to arbitration. ARTICLE 9 - WAGES 9.1 Salary Matrix. A schedule of all job classifications, their salary ranges and possible steps for progression are set forth in the Appendix A to this Agreement. As set forth in Article 9.3, the City retains the discretion to grant or deny a step increase based upon an employee's performance, as determined by the City. The Salary Matrix for positions covered by this Agreement may be amended from time to time by mutual agreement of both parties.. As of July 16, 2006, the existing salary matrix will be increased across the board to reflect a 6% increase, provided that the bargaining unit has ratified this Agreement prior to the City Council's July 1 l.th meeting. 9.2 Salary Steps. An employee will typically be hired at Step 1. in their job classification range of the City's Salary Matrix. At the City's discretion, employees may be % hired at a step higher than Step 1 in the Salary Matrix. 9.3 Step Increase. Annually on the first day following the employee's anniversary date, the employee's monthly base salary will be increased, at a minimum, to the next step in the Salary Matrix if the employee's annual twelve (12) month performance evaluation indicates satisfactory job performance as determined by the City. -Once an employee's salary reaches the open range in the Salary Matrix, the City may grant the employee a zero to six percent increase based upon the employee's performance as determined by the City. Within ten days of receiving his/her annual performance evaluation, the employee may meet with Human Resources to discuss the annual performance evaluation to provide any information they may want the City. to consider prior to a decision on the step increase. The City retains the sole right to determine the amount of the percent increase. An employee's anniversary date is defined as their date of hire or most recent date of reclassification. If the employee's annual performance evaluation indicates below-satisfactory performance as determined by the City, the employee may not be increased to the next step in the Salary. Matrix. The City may reevaluate the non-increased employee after 180 days, and if a non-increased employee's performance is satisfactory at the end of that review period, the City may increase the employee's monthly base salary to the next step in the Salary Matrix. If a non-increased employee's performance remains below satisfactory at the end of the 180 day period as determined, by the City, the employee will remain at their current step until their next regular twelve (12) month performance evaluation. The City shall have the exclusive right to evaluate an employee's performance, and such performance evaluations will not be subject to the Settlement of Disputes procedure set forth in Article 4. 9 9.4 Overtime. Permanent hourly employees shall be compensated at time and one- ` half (1-1/2) the employee's hourly rate of pay for all work performed in excess of forty (40) hours in any workweek. All overtime must be pre-approved in writing by the Employee's Supervisor except in emergency situations, in which case the overtime must be approved in writing as soon as reasonably possible. Employees will not be allowed to receive more than one overtime rate or premium pay for the same hours worked. 9.5 Exempt Personnel. Each exempt employee shall be credited with twenty (20) hours of administrative leave on July 16, 2006. Employees hired after this date shall receive a prorated amount of such leave for 2006. 9.6 Social Security Substitute Plan. The City has chosen not to opt into the federal Social Security System for eligible employees who were otherwise covered by a qualified retirement system. Instead, the City participates in a 401 A social security substitute -plan. The City will make benefit contributions as provided for in City Resolution 03-020 as may be amended from. time to time. 9.7 Pension. The City and Employees shall participate in the Washington Public Employees' Retirement System as set forth in RCW 41.44. ARTICLE IO - HOURS OF WORK 10.1 Work Schedules/Shi{ls. The workweek for purposes of computing overtime for hourly employees shall begin at 12:01 a.m. Monday and shall conclude Sunday at 12:00 midnight. The City may assign appropriate work schedules and shifts. The City may alter work schedules and shifts with seven days advance notice to the employee. 10.2 Work Day. The normal working hours for full-time employees are eight hours, from 8:00 am to 5:00 pm Monday through Friday, with an. unpaid one hour lunch period. The City retains the right to schedule Employees outside these hours and days to meet Department and City needs. 10.3 Department Directors also have the discretion to grant an employee's request to adjust his/her hours of work so that the employee begins his/her work schedule up to an hour earlier or later than the normal 8:00 am starting time and completes his/her work day up to an hour earlier or later than 5:00 pm. for. a total of eight hours of work. In exercising this discretion, Department Directors may consider a number of factors; which may include the employee's preference, customer needs and the City's ability to best serve the public. The Department Director's decision to grant or deny a request to modify the work hours as set forth in this section is not subject to the Settlement of Disputes procedure. 10.4 Meal and Rest Periods. Employees will receive one hour off, without pay, for a meal during any shits: lasting longer than five (5) hours. Meal periods shall be scheduled by the supervisor in light of a number of factors, which may include the employee's preference, customer needs and the City's ability to best serve the public. 10 10.5 Employees shall receive a fifteen (15) minute paid rest period for each four (4) hours worked. Employees need not be given a scheduled rest period when the nature of the work allows intermittent rest periods that total fifteen minutes during each four hours of work. Intermittent is defined as intervals of short duration in which employees are allowed to relax and rest, or a brief inactivity from work or exertion such as the time spent on a personal phone call, or taking a smoking break. Such rest time shall total fifteen minutes per four hours of work. :Rest breaks may not be skipped and banked to be used for late arrival or early departure from work or for purposes of receiving overtime. ARTICLE 1.1 - GENERAL PROVISIONS 11.1 No Discrimination. The City and the Union mutually agree that there should be no unlawful discrimination against any Employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, national origin, mental or physical disability, marital status or Union activity. All references to Employees in this Agreement designate both sexes. 11.2 Rules. The City reasonably expects its employees to meet high standards of performance to ensure the City provides quality public service. The Union recognizes the City's inherent and traditional right to establish reasonable work rules, and require their observance. Copies of any new rules or amendments to existing rules shall be provided to the Union 14 days prior to their implementation except in emergency circumstances. . 11.3 New and Terminated Employees. The City agrees to notify the Union at the end of each calendar quarter if new eligible bargaining unit employees are hired or terminated during that quarter. Such listing shall contain the names of the employees, along with their job classifications, and work locations. 11.4 Tabor Management Meetings. It is mutually agreed that the negotiating committee for Local 270-V and the negotiating committee for the City shall conduct regular laborlmanagement meetuigs for the purpose of resolving problems that may arise. Safety iteins shall be included as eligible topics for discussion.in labor/management meetings. Meetings shall be conducted quarterly, but they may be scheduled more often by mutual agreement. ARTICLE 12 - ffEALT-R AiVD `Vk,LL-BEING 1.2. 1 Insurance Plan. For the duration of this Agreement, the City shall make available the insurance program offered through the Association of Washington Cities to regular full-time and regular part-tune employees and their eligible spouses/dependents, including medical, dental, vision, and-employee long-term disability insurance coverage. This insurance program includes the following plans as they currently exist or as may be amended from time to time. 12, 1.1 Medical Insurance. Employees may choose between the following medical plans: AWC Regence Blue Shield/A,suris Northwest Health Preferred Provider Plan or AWC Group Health Cooperative Copay.Plan 1 as may be amended from time to time. In 11 2006, the City shall pay up to the following amounts for full-time eligible employees based upon the coverage chosen by the employee: $366.72 for employee coverage $548.30 for employee and one dependent coverage $723.59 for employee and spouse coverage $729.88 for employee and two or more dependent coverage $905.17 for employee and spouse and one dependent coverage $1,020.20 for employee and spouse and two or more dependent coverage The employee's share of the premium increase as set forth above will be made as a lur_up stun deduction from the employee's paycheck on a pre-tax basis. 12.1.2 R.eoular Part-Time Employees. The City will contribute a pro-rata amount of the cost of employee and dependent health coverage for part-tune employees based upon the number of hours worked and according to the terms of the provider. Such contribution shall not exceed the current pro-rated contribution rate consistent with the terms 6f 12.1.1. 12.1.3 Dental Insurance. The City will provide eligible full time employees and their dependents, if any, covered under their medical plan with dental coverage through AWC Washington Dental Service Plan B, as may be'amended from time to time. 12.1.4 Vision Insurance. The City will provide eligible full time employees their dependents, if any, covered under thew 'Mth vision insurance through the AWC Vision Service Plan as may be amended from time to time. 12.1.5 Long-Term Disability Insurance. The City will provide long-term disability insurance for eligible full time employees through the AWC Standard Insurance Long Term Disability Option. 1, as may be amended from time to time. 12.2 Life Insurance. The City will provide a life insurance benefit equal to one-times the employee's annual salary for all regular full time employees. 12.3 Employee Assistance Program. The City will participate in an Employee Assistance Program (EAP) in order to provide confidential assistance to employees on family, work, personal or substance abuse issues. EAP assistance inay be initiated by either the employee or the employer. 12.4 Cost Containment. In the interest of containing costs, the City may elect different insurance carriers and adopt different insurance plans than those currently described in Article 12.1. The Union shall be advised of these changes end must request bargaining of those changes within :five days of receiving notice or shall be deemed to have consented to.thc changes. 12.5 Changes to insurance Plans. In the event that the health plan providers cause changes to the benefits included in the health insurance plans specified in this Article during the term of this Agreement, the City will notify the Union of those changes. 12 ARTICLE 13 - SICK LEAVE 13.1 Sick. Leave Accrual. Full-time employees shall accrue sick leave at the rate of eight (3) hours for each completed calendar month of active service; provided that an employee does not have more than ten (10) days leave without pay in that month. Part-time employees shall accrue sick leave on a prorated basis. 13.2 Use of Accrued Sick Leave. Employees' accrued sick leave balances will be charged for the actual time of any sick leave used. Accrued sick leave may be used only for the employee's o-Am illness or injury, or as authorized by RCW 49.12 and the Washington Family Care Rules, WAC Chapter 296-130 as may be amended from time to time. The City shall have the right to send an employee home and require the use of accrued sick leave if it reasonably believes the employee is unfit for duty or the employee's illness or injury prevents proper performance of the job and/or unreasonably exposes other employees to illness. The City shall also have the right to require an employee to undergo a fitness-for-duty examination before returning to work. 13.3 Sick Leave Verification. Employees must notify their supervisor as soon as reasonably possible when they will be absent due to illness or injury. The City may require a written medical certificate for absences of three (3) or more consecutive days, where excessive absenteeism or tardiness occurs, or where there is reason to suspect sick leave abuse. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary action, up to and including termination. An employee returning to work after a sick leave absence of three (3) or more consecutive days may be required to provide written certification from his or her health care provider that the employee is able to return to work and perform the essential functions of the job with or without reasonable accommodation. 13.4 Annual Sick Leave Carry-forward and Cash-out. Accrued sick leave may be carried forward at year end, provided that no employee may accrue more than seven hundred twenty (720) total hours of sick leave. After an employee has accrued 720 hours of sick leave, the employee may convert up to ninety six (96) hours of sick leave to cash. For purposes of converting sick leave to cash, each hour of accrued sick leave shall be paid out by valuing the same as 25% of the employee's regular wage. For example, 96 hours of sick leave may be converted to 24 hours of regular pay. Any payout wil l be included in the last pay period of the year. ARTICLE 14 - ADDfTIONAL REASONS FOR LEAVE 14.1 Family Medical Leave. Employees shall receive family medical, disability or pregnancy leave as required by state and federal law. Employees must use any accrued and available paid leave as part of their Family Medical Leave, except as otherwise authorized by the City Manager. Once all available paid leave has been exhausted, any remaining period of Family Medical Leave shall be without pay. Accrued paid leave is available under this section if its use is permitted for the type of absence for which the employee has taken Family Medical Leave. 1~ 14.2 Leave Without Pay. At the City's sole discretion, the City may grant a leave without pay. Such leave shall not extend beyond 26 weeks. 14.3 Bereavement Leave. An employee may use up to three days of accrued sick leave as bereavement leave in the case of a death to a member of the employee's immediate family. The Chief Human Resources Officer may grant employees the ability to use up to two additional days of accrued sick leave or Leave Without Pay for this purpose in extenuating circumstances: Immediate family shall be detained as spouse, mother, father, mother-in-law, father-in-law, children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents and grandchildren. Bereavement leave is to be used to arrange for and/or attend funeral activities. 14.4 Jury and Witness Leave. Employees subpoenaed to appear for jury service or as a witness in a court proceeding will receive pay at their regular rate of pay for work hours missed because of their required service. Employees must notify their supervisors upon receipt of a subpoena for jury or witness duty, keep their supervisors apprised of the schedule for their jury or witness duties, and report to work when the court schedule permits. Any compensation paid to an employee for jury or witness service, other than reimbursement for expenses, must be paid to the City. 14.5 Military Leave. Employees shall be entitled to military leave in accordance with state and federal law. r Unless prohibited by military necessity, employees must provide the City Mth a copy of their orders at the time they request military leave. Requests for military leave shall be made as soon as reasonably practical after the employee learns of the need for such leave. 14.6 Donated Leave. Where an employee has exhausted his/her leave banks and the 'City determines that a catastrophic health situation exists, the City will implement a donated leave policy. The City will determine the terms of the policy based upon the circumstances that exist at the ti.mc, however, employees shall be entitled to donate up to twenty percent of their qualifying leave banks as long as the other terms and conditions of the policy are met. A`>E2fICLE 15 - VACAT .ON LEAVE 15.1 Vacation Accrual. Full-time employees shall accrue vacation at the rates set forth below. Part-time employees shall accrue vacation on a prorated basis. During Years of Continuous Employment Monthly Accrual Rate 1-5 years 8 hours per month 6 to 9 years 10 hours per month 10 or more years 12 hours per month Vacation hours shall be credited each pay period. Employees who are in unpaid status for more than ten (10) working days in a month will not accrue vacation leave during that month. 14 Nothing in this Article or agreement limits the City Manager's authority to place highly experienced new employees higher on the vacation accrual table in recognition of their previous experience as part of an offer of employment, or to provide greater benefits than provided in this Agreement. 15.2 Maximum Vacation Accrual. Employees may accrue vacation up to a maximum of three hundred sixty (360) hours. Vacation time earned in excess of the 360 hour maximum steal l be used or forfeited. 15.3 Use and Scheduling of Vacation. Vacation leave must be scheduled with the advance approval of the employee's supervisor based upon the needs of the department. At their election, employees may use vacation in place of or in addition to sick leave for any of the purposes described in Section' 13.2. Employees using vacation for this purpose are expected to provide their supervisor notice of their absence as described in Section 13.3. Employees' accrued vacation balances will be charged for the actual time of any vacation used. 15.4 Cash-out of Vacation. Employees will be paid for their accrued but unused vacation upon their termination of employment with. the City at the regular rate of pay in effect as of the date of termination. ARTICLE 16 - HOLIDAYS 16.1 Paid Holidays. The following days are paid holidays for all regular full and part- time employees: New Year's Da January 1 Martin Luther King Day -3rd Monday in January President's Day 3` Monda in February Memorial Day Last Monday of May Independence Day Jul 4 Labor Day IS` Monday of Se tember Veteran's Day November I I Thanksgiving Day - 7h 4 Thursday of'November Day after Thanksgiving Christmas Day December 25 When a holiday falls on a Saturday, the preceding Friday will be the holiday. When a holiday falls on a Sunday, the following Monday will be the holiday. 16.2 Holiday Pay. Eligible full-tune employees will receive eight (8) hours of pay at their straight-time rate for each holiday. Part-time employees will receive holiday pay on a prorated basis. 15 16.3 Eligibility for Holiday Pay. Employees are eligible for holiday pay if they are in paid status on their regular, scheduled work day preceding the holiday and the day immediately following the holiday. 1.6.4 Hours Worked on a Holiday. Employees required to work on a holiday will receive straight time for all hours worked on that day. They shall also .receive holiday pay or another day off during the month in which the holiday was celebrated, with the advance approval of the employee's supervisor, or the employee shall receive holiday pay rather than the equivalent time off. 16.5 Holiday Observance. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. ARTICLE 17 - DRUG TESTING 17.1 The City may require an employee to have a drug or alcohol test where there is a reasonable suspicion that an employee is unpaired or under the influence of alcohol or drugs while on duty, following an accident or incident involving the employee, upon return to work from a protracted leave of absence, in conjunction with a D.O.T. or other regularly scheduled physical examinations, or pursuant to applicable law or regulation. 17.2 Where the City elects to perform a drug or alcohol test as set forth in this agreement, refusal by the employee to submit to the drug or alcohol screen, or a positive test , result, may result in termination or other disciplinary action as detem-lined by the City, subject to the grievance procedure. ARTICLE 18 - LOCKOUTS 18.1 Lockouts. No lockout of employees shall be instituted by the City during the term of this Agreement. 18.2 No Strikes. The Union and employees agree that there shall be no strikes, slowdowns, or stoppage of work. Any employee who violates this provision may be subject to disciplinary action, up to and including termination. ARTICLE 19 - SAVING CLAUSE It is the intention of the parties hereto to comply ~,vith all applicable provisions of the State or Federal law, and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with, unless any of such provisions shall be declared invalid or inoperative by a Court of fuial jurisdiction. In such event, either party may request renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof, provided, however, that such findings shall have no effect whatsoever on the balance of this Agreement. 16 1l I. /I S1GiNTED AI\fD DATED THIS FOR THE CITY: City Manager City Clerk Approved as to Form: City Attorney DAY OF , 2006. FOR THE UNION. President Vice President Dem Vercruysse, Staff Representative 17 A~V ~C~iCII. 2 L WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME AFL-CIO CHRIS DUGOVICH President/Executive Director Nina Regor, Deputy City Manager City of Spokane Valley 11707 B. Sprague Ave. Spokane Valley Washington 99206 Dear Nina, June 29, 2006 I am pleased to advise you that Vocal 270-V has voted to accept the following contract proposals. The proposal effective Julyl 2006 through December 31, 2006 The proposal effective January 1, 2007 through December 31, 2009 Thank you and your team for all of your help. We feel that we have two fine agreements - that meet the needs of each party. Please let me know how 1 can assist with the final document. cerely, Deaja Vercruysse Staff Representative, WSCCCE Pc: Steve Stamatoplos Beth Kennar Sa11y- Carpenter f "A: RECEIVED 1105 W. Framls Ave., Sp kane, INA 99205 Suite G JUN 3 0 2006 \ (509) 328.2630 F4LX(509) 328.3604 ` Attulated with: CITY OF SPOKANE VALLEY American Federation of State, County & Municipal Employees Washington State Labor Council Everett Office: 3305 Oakes Avenue • P. O. Box 750 • Everett, WA 98206-0750 • (425) 303-8818 • FAX (425) 303-8906 Appendix A City of Spokane Valley 2006 Represented Classification List Effective July 16, 2006 Position Title Grade(s) Office Assistant 1 9-10 Office Assistant II 11-12 Maintenance Worker 11-12 Accounting Technician 11-12 Permit Specialist 11-12 Administrative Assistant 11-12 Senior Center Specialist 12-13 Planning Technician 13 Building Inspector 1 13 Code Enforcement Officer 13 Recreation Coordinator 13-14 Maintenance/Construction Inspector 13-14 Senior Permit Specialist 14 Engineering Technician 14 Public Information Officer 14 Plans Examiner 14 Building Inspector II 14 Assistant Planner 14 Administrative Analyst 14 Public Works Superintendent 15 Assistant Engineer 15 Associate Planner 15 IT Specialist 15 Accounting Manager 16 Senior Planner 16 Engineer 16 Senior Engineer - Traffic, CIP Planning/Grants 17 City of Spokane Valley 2006 Pay Plan Effective July 16, 2006 Grade 1 2 3 4 5 6 7 8 9 Basis Step 1 Step 2 Step 3 Step 4 0% - 6% BASED ON PERFORMANCE Monthly Annual Hourly ' - - - - Monthly Annual Hourly - - - - - Monthly Annual Hourly ' - - - - Monthly Annual Hourly ' - - - - Monthly 1,322.53 1,376.27 1,431.73 1,488.93 Annual 15, 870.40 16,515.20 17.180.80 17, 867.20 Hourly 7.63 7.94 8.26 8.59 Monthly 1,531.70 1,593.18 1,656.78 1,723.56 Annual 18,380.40 19,118.16 19,881.36 20,682.72 Hourly 8.84 9.19 9.56 9.94 Monthly 1,702.36 1,770.20 1,841.22 1,914.36 Annual 20,428.32 21,242.40 22,094.64 22,972.32 Hourly 9.82 10.21 10.62 11.04 Monthly 1,892.10 1,967,36 2,045.80 2,127.42 Annual 22,705.20 23,608.32 24,549.60 25,529.04 Hourly 10.92 11.35. 11.80 12.27 Monthly 2,101.98 2,185.72 2,272.64 2,363.80 Annual 25,223.76 26,228.64 27,271.68 28,365.60 Hourly 12.13 12.61 13.11 13.64 Maximum 1,735.07 20, 820.80 10.01 1,964.18 23, 570.16 11.33 2,182.54 26,190.48 12.59 2,425.28 29,103.36 13.99 2,694.52 32,334.24 15.55 1 City of Spokane Valley 2006 Pay Plan Effective July 16, 2006 Grade Basis Step 1 Step 2 Step 3 Step 4 10 Monthly 2,335.18 2,428.46 2,524.92 2,626.68 Annual 28,022.16 29,141.52 30,299.04 31,520.16 Hourly 13.47 14.01 14.57 15.15 11 Monthly 2,594.88 2,698.76 2,806.88 2,918.18 Annual 31,138.56 32,385.12 33,682.55 35,018.16 Hourly 14.97 15.57 16.19 16.84 12 Monthly 2,883.20 2,998.74 3,118.52 3,242.54 Annual 34,598.40 35,984.88 37,422.24 38,910.48 Hourly 16.63 17.30 17.99 18.71 13 Monthly 3,203.32 3,331.58 3,465.14 3,604.00 Annual 38,439.84 39,978.96 41,581.68 43,248.00 Hourly 18.48 19.22 19.99 20.79 14 Monthly 3,559.48 3,701.52 3,849.92 4,003.62 Annual 42,713.76 44,418.24 46,199.04 48,043.44 Hourly 20.54 21.35 22.21 23.10 15 Monthly 3,954.86 4.112.80 4,277.10 4,447.76, Annual 47,458.32 49,353.60 51,325.20 53,373.12 Hourly 22.82 23.73 24.68 25.66 16 Monthly 4,393.70 4,569.66 4,751.98 4,941.72 Annual 52,724.40 54,835.92 57,023.76 59,300.64 Hourly 25.35 26.36 27.42 28.51 17 Monthly 4,882.36 5,077.40 5,280.92 5,491.86 Annual 58,588.32 60,928.80 63,371,04 65,902.32 Hourly 28.17 29.29 30.47 31.68 18 Monthly 5,425.08 5,641,32 5,867.10 6,102.42 Annual 65,100.96 67,695.84 70,405.20 73,229.04 0% - 6% BASED ON PERFORMANCE Maximum 2,993.44 35, 921.28 17.27 3,326.28 39,915.36 19.19 3,696.22 44,354.64 21.32 4,106.44 49,277.28 23.69 4,563.30 54,759.60 26.33 5,069.98 60, 839.76 29.25 5,632.84 67,594.08 32.50 6,259.30 75,111.60 36.11 6,954.66 83,455.92 City of Spokane Valley 2006 Pay Plan Effective July 16, 2006 Grade Basis Step 1 Step 2 Step 3 Step 4 0% - 6% BASED ON PERFORMANCE Maximum Hourly 31.30 32.55 33.85 35.21 40.12 19 Monthly 6,027.16 6,267.78 6,519.00 6,779.76 7.727.40 Annual 72,325.92 75,213.36 78,228.00 81,357.12 92,728.80 Hourly 34.77 36.16 37.61 39.11 44.58 20 Monthly 6,697.08 6,965.26 7,244.04 7,533.42 8,586.00 Annual 80,364.96 83,583.12 86,928.48 90,401.04 103,032.00 Hourly 38.64 40.18 41.79 43.46 49.53 21 Monthly 7,441.20 7,739.06 8,048.58 8,370.82 9,540.00 Annual 89,294.40 92,868.72 96,582.96 100,449.84 114,480.00 Hourly 42.93 44.65 46.43 48.29 55.04 22 Monthly 8,268.00 8,598.72 8,942.16 9,300.44 10,600.00 Annual 99, 216.00 103,164.64 107,305.92 111,605.28 127,200.00 Hourly 47.70 49.61 51.59 53.66 61.15 23 Monthly 9,185.96 9,552.72 9,935.38 10,332.88 11,776.60 Annual 110, 231.52 114,632.64 119,224.56 123,994.56 10,319.20 Hourly 53.00 55.11 57.32 59.61 67.94 Grade 1, Grade 2, Grade 3, and Grade 4 are below the State of Washington's minimum wage. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing . Q information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Approval of the collective bargaining agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270-V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2007 - December 31, 2009. GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: NIA BACKGROUND: The City of Spokane Valley (City) negotiated with the Washington State Council of County and City Employees; Local 270-V, AFSCME (Union) the attached collective' bargaining agreement. It has been agreed upon by the negotiating parties, subject to approval by the Council and ratification by the Union members. The Union members voted to ratify the agreement on June 29, 2006. There is a 2.5% annual cost of living adjustment (COLA) to the 2006 salary matrix. In addition, there are provisions for employee cost sharing for medical benefits beginning January 1, 2007. The agreement is effective January 1, 2007 through December 31, 2009 contingent upon the approval by both parties by that date. OPTIONS: Ratify the collective bargaining agreement for the term of January 1, 2007 - December 31, 2009 or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to ratify the collective bargaining agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270-V, AFSCME, for the term of January 1, 2007 - December 31, 2009. BUDGET/FINANCIAL IMPACTS: Financial provisions will be included in future budgets. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS Finalized Collective Bargaining Agreement -1/1/07 - 12131/09 2. June 29, 2006 letter from Dean Vercruysse AGI EEATENT BETWIFEEN THE CITY OF SPOKAISTE VALLEY AND THE WASftl: TGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES. LOCAL 270-V, AFSCA2E .January 1, 2007 - December 31, 2009 DR AFT - 7/3/2006 TABLE OF CONTENTS Page ARTICLE 1 _ EME017 MENT 1 ARTICLE 2 -RECOGNITION 2 ARTICLE 3 - UNION SECURITY 2 ARTICLE 4 - SETTLEMEN"T" OF DISPUTES 3 ARTICLE 5 - SENIORITY 6. ARTICLE 6 - BULLETIN BOARDS, UNION OFFICIALS TIME OFF AND VISITATION 7 ARTICLE 7 - MANAGEMENT RIGHTS 8 ARTICLE 8 - PROBATION AND DISCIPLINE . 9 AR'T'ICLE 9 - WAGES 10 ARTICLE 10 - HOTJRS OF WORK 12 ARTICLE 11 - GEI\TERAL PROVISIONS 13 ARTICLE 12 - HEALTH AND WELL-BEITTG 14 ARTICLE 13 - SICK LEAVE 15 ARTICLE 14 - ADDITIONAL REASONS FOR LEAVE 16 ARTICLE 15 -VACATION LEAV13 17 ARTICLE 16 - HOLMAYS 18 ARTICLE 17 - DRUG TESTING 19 ARTICLE 18 - LOCKOUTS 20 ARTICLE 19 - SAVING CLAUSE 20 i .ll' EA14IBLE This Agreement entered a'nto by the City of Spokane Talley, here] nafter i-efened to as the City, and the Washington State Council of County and City Employees, Local 270- AP C IVIE, AFL-CIO, hereinafter referred to as the Union, has as it; purpose the promotion of harniozuous relations between the City and the Urn on; the establishment of an equitable and peaceful procedure for the resoluti on of &f[erences; and the establishment of rates of pay, hours of work and otherrouditlons of employment. 'T'ERM OF AGREEMENT This Agreement shah become effective on the 1 " day of January, 200 7, and shall continue ire full farce and effect through the 31" day ofDecember, 2009, The City and Uuiori agree to commence negotiations for a saccessor contract at least 0 . days prior to the termination of the Agreement- If either party fails to provide notice of an intent to liegotiate a successor agreem(mt, the term of this Agreement will continue in full force aad effect for the next year. f Z.1 It is rnuntally agreed that -the City management and Local 27 O- shall work together iztidividual<ly and collectively to provide the pub1i.c ;with efficient and courteous service, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in all departments of City government. 1.2 This Agreement expmssed herein in writing constitutes the entire agreement betw een the parties and no oral stateiueut or practice shall add to or supersede auy of its .provisions. The parties acknowledge that duri-ng the negotiations which preceded this Agreement, each had the right and opporhmity to make dem. mOs and proposals 'Mtli respect to any subject or matter not removed b law from the area of collective, bargaining and that the uaideLs randin gs and agreements arrkv',d at by the; parvics aftcr the exercise ofthat right and oppoztunj ty are set forth in this Ageenxent- ' hcTeFbTe, the, City and the Union, for the life of tbi Ag- ment, eaeb voluntarily. and unqualifiedly waive the right, and each agree that -t e, other shall not be obligated to bargain collectively with respect to ar]y mandatory subject ofbargaininb not specifically mferrmd to, or not settled, during the course of these negotiations. Such matters shall also not be subject to the grievance procedure, ARTICLE RE COGNITION The City re. cog❑.izes the Onion as the sole and exclusive bargaining representative for all eligible fulltime and regular part-tone non-uniformed employees in professional; technical and clerical positions in the.Execu6 ve and Legislative Support, Community .Development, public Works, Pack and Recreation, acid Operations anal Administration Departments of the City, of Spokane Talley, excluding supervisors, confidential employees, seasonal employees and casual employees. A seasonal or casual employee is any employee hired to work for no more than six continuous months or 1040 hours in a calendar year, whichever is greater. ARTICLE 3 -'UNION SECURITY 3.1 Union Security. Each employee who, on June 1, 2006, is a dues-paying member of the Union, shall, as a condition of employment, maintain his/her dues-paying membership in the Union during the term of this Agreement. Employees who are not dues-paying members of the Union prior to June 1, 2006 shall have the option of choosing to become or not become dues- paying members of the Union. New employees hired after June 1, 2006 shall, as a condition of employment, become a dues-paying member of the Union after thirty-one (31) days or as a condition of employment, any employee hired aiteK June 1, 2006, who does not wish to be a dues-paying member of the Union, shall proportionately and fairly share in the cost of the collective bargaining process by paying to the Union a maintenance fee equivalent to the amount of dues uniformly required of each member of the bargaining -unit. Should any employee be opposed to joining the Union by bona fide religious tenets or . teachings of a church or religious body of which said public employee is a member, that public employee shall pay an amount of money equivalent to regular Union. dues to anon-religious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which said public employee would otherwise pay the dues. The public employee shall furnish written proof that such payment has been made. If no decision can be reached on an acceptable charitable organization, the Public Employment Relations Commission shall designate the charitable organization. . Should a bargaining unit member who is required under the provisions above to become a dues-paying member and maintain such membership in good standing.fail to do so after receiving notice of default from the Union, the Union shall provide the City A6th a request to terminate the employee's employrent under this Article, and documentation substantiating the employee's noncompliance and receipt of notice of default. On a one-time basis, the City will offer the employee a one-week unpaid :Decision Making Leave. At the expiration of the Decision Making Leave, the employee must comply with the above by paying his/her dues or entering into a payment plan with the Union to do so, paying a maintenance fee or the equivalent to a charitable organization based upon bona fide religious tenets or teachings of a church, or leave the City's employ. 3.2 Dues Check-Off. The City agrees to deduct, once each month, dues from the pay of those employees who individually request in writing that-such deductions be made. The aniounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer of the Union. The Union shall notify the City at least thirty (30) days in advance of any changes in its fees. 3.3 Defense/Indemnity. The Union agrees to defend, indemnify, and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 2 ARTICLE 4 - SET'I";(..EM E NT OF DISYCMES 4.1 Grievance Defined. A grievance is defined as any dispute involving the interpretation, application or alleged violation of any provisions of this Agreement. 42 Time Limits. Time limits within the grievance procedure may be waived or extended by the mutual agreement of both parties. If the Union, on behalf of the employee(s), fails to act or respond within the specified time limits, the grievance will be considered waived. If the City fails to respond within the specified time limits, the grievance shall proceed to the next step of the grievance procedure. The day after the event, act or omission shall be the first day of a timeline under this Article. In the event a time limit under this Article ends on a weekend or holiday, the deadline Nvil.l automatically be extended to the following business day. Submissions will, be considered timely under this Article if they are received by 5:00 p.m. on the last day called for under an applicable time limit. 4.3 Submission of Grievances and Responses. All grievances not resolved at the supervisory level and requests for arbitration must be submitted to the appropriate Department Director and City's Chief Human Resources Officer or designee, by fax, hard copy, and/or electronic mail. The grievance shall include the facts giving rise to the grievance, the section(s) of the Agreement allegedly violated, and the remedy sought. All City responses will be submitted to the Union's Spokane business office by hard copy or fax. 4.3.1 Employee Representation. Grievances may be filed by the Union on behalf of an employee or on behalf of a group of employees. The grievance will state the name of the employee or the names of the group of employees. The Union, as exclusive representative, is considered the only representative of the employee in each step of the grievance procedure and at any meetings scheduled to discuss a grievance. The Union has the right in each step of a grievance to designate the person who will represent the employee on behalf of the Union. 4.3.2 Resolution. (a) Stets 1. Employees are encouraged to attempt to resolve complaints through informal discussion with their supervisors. The parties are encouraged to meet and discuss the issues raised in the grievance and explore options for resolving the grievance at each step in the dispute resolution process. The City and Union may also agree to by-pass any of the steps in the grievance process. (b) Step 2. If the parties are unable to resolve the grievance at the supervisor level, the Union, on behalf of the aggrieved employee shall submit the grievance in writing to the Department Director of the relevant department and Chief Human Resources Officer, within thirty (30) calendar days of the day the employee or Union knew or reasonably should have known of the events giving rise to the grievance. The appropriate Department Director or designee shall respond to the grievance in writing within fourteen (14) calendar days of its receipt. 3 (c) Step 3. If the parties are unable to resolve the grievance after discussing the issue Arith the Department Director, the Union shall submit the written grievance to the City Manager within fourteen days of its receipt of the Department Director or designee's response. The City Manager or his designee shall respond in writing to the grievance within fourteen (14) calendar days following its receipt. (d) Step 4. Should the preceding steps fail to resolve the grievance, the Union shall notify the City in writing within fourteen (14) calendar days after its receipt of the City Manager or designee's response of its intent to move the grievance to arbitration. 4.4 Arbitrator Selection. Within a reasonable period of time after receiving the Union's notification, the parties shall confer and attempt to agree on a neutral arbitrator. If unable to reach agreement, they shall request a list of eleven (11) arbitrators from the Federal Mediation Conciliation Services ("FMCS"). If the parties are unable to obtain a list from FMCS, they may request a list from the Public Employment Relations Commission (PERC). The list shall be limited to arbitrators from Washington and/or Oregon. Within fourteen (14) calendar days following the receipt of the list of eligible arbitrators, the parties' representatives shall meet to select an arbitrator. If the parties are unable to mutually agree upon an arbitrator, they shall each strike five arbitrators from the list in an alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be the loser of a flip of a coin. 4.5 Rules Governing Arbitration. The arbitrator will: (a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement; (b) Be limited in his or her decision to the grievance issue(s) set forth in the original mitten grievance unless the parties agree to modify it; (c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement, and shall limit any award of back pay or other remedy to no more than 30 days prior to the submission of the grievance in writing to the supervisor (unless the amount owing is due to a payroll error); and (d) Not reduce the discipline rendered if he/she finds there was just cause for disciplinary action as defined in Article 8.3 4.6 Arbitrator's Decision. The Arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post-hearing briefs, whichever is later. The decision shall be final, conclusive and binding on the City, the Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction. 4.7 Arbitration Costs. The expenses and fees of the arbitrator and the cost (if any) of the hearing room will be shared equally by the parties. 4 If either party desires a record of the arbitration, a court reporter may be used. If that party purchases a transcript, a copy wi11 be provided to the arbitrator, free of charge. If the other party desires a copy of the transcript, it will pay for half of the costs of the fee for the court reporter, the original transcript and a copy. Each party is responsible for the costs of its staff representatives, attorneys, and all other costs related to the development and presentation of its case. 4.$ Election of Remedies. The parties agree that the grievance procedure contained in this Agreement shall be the employee's sole remedy for issues covered by this Agreement, pro-vided that employees may also seek redress or review by an. external body, whether administrative or judicial, of alleged violations of the employee's statutory rights. ARTICLE 5 - SENIORITY 5.1 Job Classification Seniority Defined. The length of continuous service in the employee's job classification. 5.2 Seniority List. The City shall prepare a list of full time employees showing their. seniority and deliver the same to the Union on an annual basis. Upon completion of their probationary period, new employees shall be added to the seniority list. The list shall reflect the employee's name, classification and date of appointment, classification seniority and length of service with the City. 5.3 Layoff. A reduction in force is accomplished in. accordance with this Article. 5.3.1 Pprpose and Notice. In the event that the City determines that financial or operational needs require a. layoff, the City will identify the specific position(s) and/or employees affected by the layoff, and will provide a minimum of fourteen (14) days notice to the employee(s) designated for layoff. 5.3.2 Selection of Layoff. In the event there is more than one employee in a position identified for a reduction-in-force, the City shall consider the employee's abi.tity, performance and qualifications to perforn the remaining job; where ability, performance and qualifications are judged equal by the City, classification seniority will be the determining factor. 5.3.3 Layoff Recall. Employees are eligible for recall to the position in which they were laid off in the inverse order in which they were laid off assuming they are qualified to perform the position. An employee on layoff must keep the City informed of the address and telephone number where he/she can be contacted. If the City is unable to contact the employee within ten. (10) calendar days, the City's obligation to recall the employee shall cease. The City shall have no obligation to recall an employee after he/she has been on . continuous layoff. for a period exceeding nine (9) months. Should an employee not return to work when recalled, the City shall have no :further obligation to recall him/her. 5 ARHCLE 6 - BULLETIN BOARDS, UNION OFFICIALS ThME OFF AND VISITATION. 6.1 Bulletin Boards. The City shall allow the Union to use a designated Bulletin Board for official Union postings. Material posted on the bulletin board shall be appropriate to the workplace, and in compliance with state ethics laws, election laws and identified as Union literature. 6.2 Officers and Stewards. The Union shall furnish to the City an up-to-date list of officers and stewards and their work locations at least annually with changes as they occur. 6.3 Union Officials Time Off for Collective Bargainin . Up to two union officials shall be granted up to two hours paid time-off to participate in each labor negotiation session on behalf of employees in the bargaining unit, provided that the request for time off is approved in advance by the supervisor. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time-sensitive assignment. 6.4 Union Activities. Shop stewards may use paid time to conduct collective bargaining with the City as set forth in Article 6.3, attend investigatory interviews conducted by the City were the employee reasonably expects discipline will follow and has requested Union _ representation (Weingarten interview), and represent employees in grievance meetings and Loudermill hearings with the City. Except as set specifically forth above, the City shall not - compensate bargaining unit employees and shop stewards for union related activities. Union officers, stewards and negotiating team members must notify their supervisors before performing any representational activities that Nvill take them away from work for a period of longer than fifteen (15) minutes, and all such time roust be recorded on the employee's time sheet. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time-sensitive assigrunent. 6.5 Visitation. With reasonable advance notice, a representative of the Union may visit the work location of the employees covered by the Agreement at a reasonable time for the purpose of investigating grievances. Said representative shall limit his activities during such ,investigations to matters relating to this Agreement, and such visits shall be conducted in a manner that urill not be disruptive to City operations or interrupt employees' work time. Work hours shall not be used by employees or the Union for the promotion of Union affairs other than as stated above. ARTIC'UC 7 - MANAGEMENT .RIGHTS 7.1 Manaizement Rip-hts. The City reserves the right to manage its affairs in accord with its lawful mandate, and retains all management powers and authority recognized by law and nonspecifically abridged, delegated or modified by the terms of this Agreement. 6 7.2 Examples of Management Rights. The City's sole and exclusive rights include, but are not limited to, the rights to: 7.2.1 Plan, direct and control all operations and services of the City; 7.2.2 Establish the mission, budget, strategic direction, service levels, staffing levels and resource requirements for all operations and services; 7.2.3 Develop, interpret, amend and enforce reasonable written policies, procedw-es, rules or regulations governing the workplace, including those described in the City's Administrative Policies and Procedures, as amended from time to time, provided that such policies, procedures, rules and regulations do not conflict with the provisions of this Agreement; 7.2.4 Determine the methods, means, organization and number of personnel by which such operations and services shall be made or purchased; 7.2.5 Supervise, transfer, promote and direct employees; 7 .2.6 Plan and implement any reductions in force, including the determination of the reason for any reduction in force and the identification of the specific position(s) or job classifications affected by a reduction in force; I 7.2.7 Assign work, schedule the hours of work, alter work schedules, and assign or change work locations, subject to Article 10; 7.2.8 Authorize overtime; 7.2.9 Establish the duties and responsibilities of positions and employees, including the development and alteration of classification and job descriptions; 7.2.10 Establish and implem.eut policies and procedures for evaluating the performance of employees; 7.2.1 1 Determine all levels of staffing, including the number of employees and other person.nei. to be assigned to duty at any time-, 7.2.12 Recruit, hire and promote employees into positions based on standards established by the City; 7.2.13 Determine whether duties, tasks, or services sbould be performed by non-unit personnel, including other employees, volunteers, Department of Labor and _ Industries' workers, interns or third party contractors. However, if- the City's proposed rase of the above would reduce the munber of authorized full time positions in each classification in the bargaining unit as of June 1, 2006, the parties agree to abide by 12C`'V 41.56; 7 7.2.14 Discipline or discharge probationary employees as it deems appropriate, and to discipline or discharge employees who have completed probation for cause as set forth in Article 8.3; 7.2.15 Perform all other functions not expressly limited by this Agreement. 7.3 Bargaining Obligation. Except as provided by this Article, the parties acknowledge their obligation to bargain regarding matters affecting wages, hours and working conditions. ARTICLE 8 - PROBATION AND DISCIPLINE, 8.1 All new employees will be required to serve a probationary period of six (6) months from the date of hire. The probationary period may be extended up to six (6) months at the City's discretion. The City may discharge a probationary employee at its sole discretion and without just cause upon written notice to the employee and the Union. Employees serving their probationary period shall have no access to the Settlement of Disputes procedure in Article 4 above. Employees shall accrue sick and vacation leave benefits under this Agreement during their probationary period, but shall not be entitled to use vacation benefits until they have successfully completed their probationary period: 8.2 Promotion Probation. It is the policy of the City to advertise position openings. Qualified employees may apply for vacant City positions that represent a promotional opportunity for a current employee. All employees receiving a promotional appointment will serve a six (6) month probation. The probation may be extended an additional six months at the City's discretion. During the probationary period, an employee may revert to his/her previously held position if the position is vacant or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the position. If the City determines that an employee is not succeeding in his/her new position, the employee may also revert to the employee's previously held position if the position is vacant, or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the position. If the position is not vacant or the employee no longer meets the minimum qualifications, the employee will be tenninated and available for recall under Article 5.3. The City's determination that an employee has not succeeded in a position during this probationary period may not be challenged through the grievance procedure. Nothing in this Article is intended to affect the City's right to discharge or otherwise discipline a probationary employee for misconduct. 8.3 Discipline. The City has the right to reprimand, suspend, demote or terminate nonprobationary employees for just cause. For purposes of this Agreement, the parties agree that just cause means a legitimate and reasonable reason for discipline. Discipline generally will be progressive, however, serious misconduct may be grounds for immediate termination. The determination of whether circumstances warrant immediate suspension or termination shall be made by the City. 8.4 Notice and Appeal Rights. The City will advise employees that they have the right to request union representation during an investigatory interview with" the City in which they are the subject of alleged misconduct that may result in disciplinary action. Employees 8 , shall .leave the right to a Loudermill hearing if the proposed discipline involves a demotion, . suspenslcn or termination. Employees who have been demoted, suspereded or terminated have the right to appeal such action's through the Settlement of .Dispute procedure if they submit tbeu griey-ance in writing to the Chief Human, Resources Officer witEm ten (10 working days of the elate the discipline was issued. Oral reprimands are not subject to the Settlement of Dispute proccdtae. Writtem reprimands can only be processed through Step of the Settlement of Dispute procedure, anti axay not be taken to arbitration. ARTICLE - WAGES 9-1 Salary Matrix. A schedule of all jab classifications, their salary ranges and possible steps fox progression are set fortb ux the Appendix A to this Agreerai!mt- As set forth in Article .3, the City retains the discretion to grant or deny a step increase based upon. an employee's performance, as &termi-rred by the City. The Salary Matrix for positions covered by this Agreement may be amended from time to tame, by mutual agreement of botb parties. Beginning I-1-2007, the salary iu.abix as of December 31, 2006 will be in reascd across the board to i-eflect a .5% increase. Beginning 1-1-2008, the salary matrix as of December 31, 2007 will be iucreased across the board to reflect a 15% bu;Tease. Beginning 1-1-2009, the salary matrix as ofDeccmber 31, 2008 will be increased across the board to reflect a .5°1/o increase. 92 alaU Step s. Axe eii ployee will typically be hired at Step I in their job classification range of the City's Salary Maffixc At the City's discretion, employees may be hired at a step higher than Step X in the Salary Matrix. 9-3 Step Increase. Annually ou the first day foliov4ing the employee's anniversary date, the employee's monthly base salary will be increased, at a rninimuin, to the next step i-n the Salary Matrix if the emmployee's annual two Ive (12) month perfonmance ovaItiaLion indicates satisfactory job per#ormance as determined by the City, 0ncc an employee's salary Teaches the open range in the Salary Matrix, the City may grant the em.ployet a zero to six percent increase based upon the employee's performance as determined by the City. Within ten days ofreoeiving hislher annual per.Formance evaluation, the employee may meet %,,,irh Human Resources to discuss the annual per. formance evaluation to provide aa-ty.int' Tmation they may want the City to consider prior to. a der si.ou on the step increase, T hp. City retains the sole right to determine the amount of the percent increase- An ernployee's anriiversaa date is defined as their date of bire or most recent date o f reclassificati on. If the employee's annual performance evaluation indicates below-satisfactory performance as determined by the City, the employee may trot be increased to the next step iia the Salary Matrix. The City may reevaluate the norm-increased employee after 180 days; and if a non-increased employee's performance is satisfactory at the ciid of'thkt revie period, the City 'nay increase the employee's monthly base salary to the r1ext rt.- step in the Salary Matrix, If a nor'-increased employee's performance remai.11 s below satidfactory at the end of the 180 day period as detearrnned by the City, the employee will rei in at ffieir ctu4mnt step uantil their next regular twelve (12) month perfaimance evaluation- Thee City shall have the exclusive right to evaluate an employee's performance, and such performance evaluations will not be subject to the Settlement of Disputes procedure set forth in Article 4. 9.4 Overtime. Permanent-hourly employees shall be compensated at time and one- half (1-1/2) the employee's hourly rate of pay for all work performed in excess of forty (40) hours in any workweek. All overtime must be pre-approved in writing by the Employee's Supervisor except in emergency situations, in which case the overtime must be approved in writing as soon as reasonably possible. Employees will not be allowed to receive more than one overtime rate or premium pay for the same hours worked. 9.5 Exempt Personnel. Each exempt employee shall be credited with forty hours of administrative leave at the beginning each calendar year. Employees hired after January 1 shall receive a prorated amount of such leave. 9.6 Social Security Substitute Plan. The City has chosen not to opt into the federal Social Security System for eligible employees who were otherwise covered by a qualirled retirement system. Instead, the City participates in a 401A social security substitute plan. The City will make benefit contributions as provided for in City Resolution 03-020 as may be amended from time to time. 9.7 Pension. The City and Employees shall participate in the Washington Public Employees' Retirement System as set forth in RCW 41.44. ARTICLE 10 - HOURS OF WORK 10.1 Work Schedules/Shifts. The workweek for purposes of computing overtime for hourly employees shall begin at 12:01 a.m. Monday and shall conclude Sunday at 12:00 midnight. The City may assign appropriate work schedules and shifts. The City may alter work schedules and shifts with seven days advance notice to the employee. 10.2 Work Day. The normal working hours for full-time employees are eight hours, from 8:00 am to 5:00 pm Monday through Friday, with an unpaid one hour lunch period. The City retains the right to schedule Employees outside these hours and days to meet Department and City needs. 10.3 Department Directors also have the discretion to grant an employee's request to adjust his/her hours of work so that the employee begins his/her work schedule up to an hour earlier or later than the normal 8:00 am starting time and completes his/her work day up to an hour earlier or later than 5:00 pm. for a total of eight hours of work. In exercising this discretion, Department Directors may consider a number of factors, which may include the employee's preference, customer needs and the City's ability to best serve the public. The Department Director's decision to grant or deny a request to modify the work hours as set forth in this section is not subject to the Settlement of Disputes procedure. 10.4 Meal and Rest .Periods. Employees will receive one hour off, without pay, for a meal during any shift lasting longer than five (5) hours. Meal periods shall be scheduled by the 10 supervisor in light of a number of factors, which may include the employee's preference, customer needs and the City's ability to best serve the public. 10.5 Employees shall receive a fifteen (15) minute paid rest period for each four (4) hours worked. Employees need not be given a scheduled rest period when the nature of the work allows intermittent rest periods that total fifteen minutes during each four hours of work. Intermittent is defined as intervals of short duration in which employees are allowed to relax and rest, or a brief inactivity from work or exertion such as the time spent on a personal phone call, or taking a smoking break. Such rest time shall total fifteen minutes per four hours of work. Rest breaks may not be skipped and banked to be used for late arrival or early departure from work or for purposes of receiving overtime. ARTICLE 11 - GENERAL PROVISIONS 11.1 No Discrimination. The City and the Union mutually agree that there should be. no unlaw id discrimination against any Employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, national origin, mental or physical disability, marital status or Union activity. All references to Employees in this Agreement designate both sexes. 11-2 Rules. The City reasonably expects its employees to meet high standards of performance to ensure the City provides duality public service. The Union recogni7xs the City's inherent and traditional right to establish reasonable work rules, and require their observance. Copies of any new rules or amendments to existing rules shall be provided to the Union 14 days prior to their implementation except in emergency circumstances. 113 New and Terminated Employees. The City agrees to notify the Union at the end of each calendar quarter if new eligible bargaining unit employees are hired or terminated during that quarter. Such listing shall contain the names of the employees, along with their job classifications, and work locations. 11.4 Labor Management Meetings. It is mutually agreed that the negotiating committee for Local 270N and the negotiating committee for the City shall conduct regular labor/management meetings for the purpose of resolving problems that may arise. Safety items shall be included as eligible topics for discussion in labor/management meetings. Meetings shall be conducted quarterly, but they may be scheduled more often by mutual agreement. ARTICLE 12 - HEAL *H AND NVELL-BEING 12.1 Insurance Plan. For the duration. of this Agreement, the City shall make available the insurance program offered through the Association of Washington Cities to regular full-time and regular part-time employees and their eligible spouses/dependents, including medical, dental, vision, and employee long-term disability insurance coverage. This insurance program includes the following plans as they currently exist or as may be amended from time to time. 11 12.1.1 Medical Insurance. Employees may choose between the following medical plans: AWC Regence B1ueShield/Asuris Northwest Preferred Provider Plan or AWC Group Health Cooperative Copay Plan 1 as may be amended from time to time. In 2006, the City paid up to the :following amounts for full-time eligible employees based upon the coverage chosen by the employee: $366.72 for employee coverage $548.30 for employee and one dependent coverage $723.59 for employee and spouse coverage $729.88 for employee and two or more dependent coverage $905.17 for employee and spouse and one dependent coverage $1,020.20 for employee and spouse and two or more dependent coverage Should the 2007 contribution rates as required by AWC or any future plan provider exceed the 2006 rates set forth above, the City will pay sixty percent (60%) of the increase and employees will pay forty (40%) of the increase. Should the 2008 contribution rates as required by AWC or any future plan provider exceed the 2006 rates, the City will, pay sixty percent (60%) of the increase and employees will pay forty (40%) of the increase. Should the 2009 contribution rates as required by AWC or any future plan provider exceed the 2006 rates, the City will pay sixty percent (60%) of the increase and employees will pay forty (40%) of the increase. The employee's share of the premium increase as set forth above Arill be made as a lump sum deduction from the employee's paycheck. 12.1.2 Regular Part-Time Employ. The City NN411 contribute a pro-rata amount of the cost of employee: and dependent health coverage :for part-time employees based upon the number of hours worked and according to the terms of the provider. Such contribution shall not exceed the current pro-rated contribution rate consistent with the terms of 12.1.1. 12.1.3 Dental Insurance. The City will provide eligible full time employees and their dependents, if any, covered under their medical plan, with dental coverage through AWC Washington Dental Service Plan B, as may be amended from time to time. 12.1.4 Vision Insurance. The City will provide eligible MI time employees and their dependents, if any, covered under their medical plan with vision insurance through the AWC Vision Service Plan as may be amended from time to time. 12.1.5 :Long-Term Disability Insurance. The City will provide long-term disability insurance for eligible full time employees through the AWC Standard Insurance Long Term Disability Option 1, as may be amended from time to time. 12.2 Life Insurance. The City will provide a life insurance benefit equal to one-times - the employee's annual salary for all regular full time employees. 12 J 12.3 Emplo ee Assistance Progjam The City will participate vi an Employee Assistance Program (EA.P) in order to provide confidential assistance to employees on family, work, personal or substance abuse issues. EAP assistance may be initiated by either the employee or the employer. 12.4 Cost Containment. In the interest of containing costs, the City may elect different insurance carriers and adopt different insurance plans than those currently described in Article 12.1. The Union shall be advised of these changes and must request bargaining of those changes within five days of receiving notice or shall be deemed to have consented to the changes. .1.2.5 Changes to Insurance Plans. In the event that the health plan providers cause changes to the benefits included in the health insurance plans specified in this Article during the term of this Agreement, the City will notify the Union of those changes. ARTICLE 13 - SICK LEAVE 13.1 Sick. Leave Accrual. Full-tune employees shall accrue sick leave at the rate of eight (8) hours .for each completed calendar month of active service; provided that an employee does not have more than ten (10) days leave without pay in that month. Part-time employees shall accrue sick leave on a prorated basis. 13.2 Use of Accrued Sick Leave. Employees' accrued sick leave balances will be charged for the actual time of any sick leave used. Accrued sick leave may be used only for the employee's own illness or injury, or as authorized by RCW 49.12 and the Washington Family Care Rules, WAC Chapter 296-130 as may be amended from time to time. The City shall have the right to send an employee home and require the use of accred sick leave if it reasonably believes the employee is unfit for duty or the employee's illness or injury prevents proper performance of the job andJor unreasonably exposes other employees to illness. The City shall also have the right to require an employee to undergo a fitness-for-duty examination before returning to work. 13.3 Sick Leave Verification. Employees must notify their supervisor as soon as reasonably possible when they wilt be absent due to illness or injury. The City may require a written medical certificate for absences of three (3) or more consecutive days, where excessive absenteeism or tardiness occurs, or where there is reason to suspect sick leave abuse. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary action, up to and including termination. Art employee returning to work after a sick leave absence of three (3) or more consecutive days may be required to provide written certification from his or her health care provider that the employee is able to return to work and perform the essential functions of the job with or without reasonable accommodation. 13.4 Annual Sick Leave Carry-forward and Cash-out. Accrued sick leave may be carried forward at year end, provided that no employee may accrue more than seven hundred twenty (720) total hours of sick leave. After an employee has accrued 720 hours of sick leave, the employee may convert up to ninety six (96) hours of sick leave to cash. For purposes of converting sick leave to cash, each hour of accrued sick leave shall be paid out by valuing the same as 25% of the employee's regular wage. For example, 96 hours of sick leave may be 13 converted to 24 hours of regular pay. Any payout will be included in -the last pay period of the year. ARTICLE 14 - ADDITIONAL REASONS FOR LEAVE 14.1 Family Medical Leave. Employees shall receive family medical, disability or pregnancy leave as required by state and federal law. Employees must use any accrued and available paid leave as part of their Family Medical Leave, except as othenvise authorized by the City Manager. Once all available paid leave has been exhausted, any remaining period of Family Medical Leave shall be without pay. Accrued paid leave is available tinder this section if its use is permitted for the type of absence :for which the employee has taken Family Medical Leave. 14.2 Leave Without Pav. At the City's sole discretion, the City may grant a leave without pay. Such leave shall not extend beyond 26 creeks. 14.3 Bereavement Leave. An employee may use up to three days of accrued sick leave as bereavement leave in the case of a death to a member of the employee's immediate family. The Chief Human Resources Officer may grant employees the ability to use up to two additional days of accrued sick leave or Leave Without Pay for this purpose in extenuating circumstances. Immediate family shall be defined as spouse, mother, father, mother-in-law, father-in-law, children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-l.aw, grandparents and grandchildren. Bereavement leave is to be used to arrange for and/or attend funeral activities. 14.4 Jurv and Witness .cleave. Employees subpoenaed to appear for jury service or as a witness in a court proceeding will receive pay at their regular rate of pay for work hours inissed because of their required service. Employees must notify their supervisors upon receipt of a subpoena for jury or Nvitness duty, keep their supervisors apprised of the schedule for their jury or witness duties, and report to'work when the court schedule permits. Any compensation paid to an employee For jury or. witness service, other than reimbursement for expenses, must be paid to the City. 14.5 Military Leave. Employees shall be entitled to military leave in accordance with state and federal law. Unless prohibited by military necessity, employees must provide the City with a copy of their orders at the time they request military leave. Requests for military leave shall be made as soon as reasonably practical after the employee learns of the need for such leave. 14.6 Donated Leave. Where an employee has exhausted his/her leave banks and the City determines that a catastrophic health situation exists, the City will implement a donated leave policy. The City will determine the terms of the policy based upon the circumstances that exist at the time, however, employees shall be entitled to donate up to twenty percent of their qualifying leave banks as long as the other terms and conditions of the policy are met. 14 ARTICLE 15 - VACATION LEAVE 15.1 Vacation Accrual. Full-time employees shall accrue vacation at the rates set forth below. Part-time employees shall accrue vacation on a prorated basis. During Years of Continuous Employment Monthly Accrual Rate 1-5 years 8 hours per month 6 to 9 years 10 hours per month 10 or more years 12 hours per month Vacation hours shall be credited each pay period. Employees tivho are in unpaid status for more than. ten (10) working days in a month will not accrue vacation leave during that month. Nothing in this Article or Agreement limits the City Manager's authority to place highly experienced new employees higher on the vacation accrual table in recognition of their previous experience as part of an offer of, employment, or to provide neater benefits than provided in this Agreement. 15.2 Maximum Vacation Accrual. Employees may accrue vacation up to a maximum of three hwidred sixty (360) hours. Vacation time earned in excess of the 360 hour maximum l shall be used or forfeited. 15.3 Use and Scheduling of Vacation. Vacation leave must be scheduled Mth the advance approval of the employee's supervisor based upon the needs of the department. At their election, employees may use vacation in place of or in addition to sick leave for any of the purposes described in Section 13.2. J'niployees using vacation for this purpose are expected to provide their supervisor notice of their absence as described in Section 13.3. Employees' accrued vacation balances will be charged for the actual. time of any vacation used. 15.4 Cash-out o.f Vacation. Employees will be paid for their accrued but unused vacation upon their termination of employment with the City at the regular rate of pay in effect as of the date of termination. ARTICLE 1.6 - T40LTDAYS 16.1 Paid Holidays. The following days are paid holidays for all regular Rill and part- time employees: New Year's Da January 1 Martin Luther Kin .Da Monday in January .President's Day 3r Monday in February Memorial Da Last Monday of May Independence Day July 4 15 Labor Da Is` Fonda of September Veteran's Da l ovelubez l 1 Thaukc ivirl Da 4 Thursday of November ]day after Thanksgiving lxristmas Day December 25 When a holiday falls oiI a Saturday, the preceding k'r1day will be the holiday. When a holiday falIs. on a Sunday, the follmv rng Monday will be the holiday. 16.2 Hohday Pay. Eli. ibie full-time employees will receive eight (8) hours of pay at their straight-time rate for each holiday. Part-time employees will receive holiday pay on a prorated ba_Sis_ 16.3 Eli it ility'For Holiday Pay. Employees are eligible for 1 olida .pad' if they are in paid status on their regular, scheduled work day preceding the holiday and the day inirnediatety following tile, holiday, 16,4 Hours Worked or a Holiday, Frrmployees mquiTed to work on a holiday will receive straight time for all hours worked on that day. They shall also receive holiday pay or ano-flier day off`durina the rnvntb 41 which the holiday was cel ebrated, with the advance approval ofthe employee's supe'Tvlsor, Or die emiployee shall receive holiday pay rather tbau the equivalent time off. 16.5 IHolidgy Observance. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. ARTICLE 17 - DRUG TESTE\G 17.1 The City may require aurL eroployee to bavc a drug or alcohol test ivbcre there is a reasonable suspicion that an employee is impaired or under the infuen.ce of alcohol or drugs while on duty, follo'%,6ng an accident or incident involving the employee, upon rearm to work from a protracted leave of absence. in conj unction widi a D.O.T. OT other rC8Ldarly scheduled physical examinations, or pursuant to applicable law or regulation. 17.2 there the City elects to perform a drug or alcohol test as set forth in this agreement, refusal by the employee to submit to the drug or alcohol screen, or a positive test result, may result in termination or otber discipl ir,ary action a determined b the City, subject to the grievance procedure. ARTICLE 18 - LOC O-CPl"S 181 Lockouts. No ieclcout of empIoyees shal lire instituted by the City during the term of this geement. 1 18.2 To Strikes. The Union and employees agree that there shall be no strikes, slowdowns, or stoppage of work. Any employee who violates this provision may be subject to disciplinary action., up to and including termination. ARTICLE 1.9 - SAWNG CLAUSE It is the intention of the parties hereto to comply with all applicable provisions of the State or Federal law, and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied A4th, unless any of such provisions shall be declared invalid or inoperative by a Court of final jurisdiction. In such. event, either party may request renegotiation of such invalid provisions for the purpose of adequate and la~Nful replacement thereof, provided, however., that such findings shall have no effect whatsoever on the balance of this Agreement. SIGNED AND DATED THIS DAY OF , 2006. FOR TI-W!, CITY: FOR. THL U ON. City Manager President City Clerk Vice President Approved as to Form: Dean Vercruysse, Stmt Representative City Attorney 17 A 0 - iCO~UiCIL 2 ~ WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AFSCME.AFL-CIO CHRIS DUGOVICH President/Executive Director Nina Regor, Deputy City Manager City of Spokane Valley 11707 E. Sprague Ave. Spokane Valley Washington 99206 Dear Nitia, RECEIVED spa cane, WFrancis '9205 sulio C JUN 3 4 2W5 (509) 32a-2830 FAX(509) 328-3604 AffiliatedwOtL CITY OF SPOKANE VALLEY American Federation of State, County & Municipal Employees Washington State Labor Council June 29, 2006 Y am pleased to advise you that Local 270-V has voted to accept the following contract proposals. tv~,r The proposal effective July@ 2006 through December 31, 2006 The proposal effective January 1, 2007 through December 31, 2009 Thank you and your team for all of your help. We feel that we have two fine agreements that meet the needs of each party. Please let me know how I can assist with the final document. S' cerely, J • Dean Vercruysse Staff Representative, WSCCCE Pc: Steve Stamatoplos Beth Kennar Sally Carpenter Everett Office: 3305 Oakes Avenue - P. O. Box 750 - Everett, WA 98206-0750 • (425) 303-8818 • FAX (425) 303-8906 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 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: Motion Consideration: Cost of living adjustment for non- represented employees. GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: During the FY 2006 budget preparation process, funds to address prospective cost of living adjustments were provisioned. On March 28, 2006, Council authorized a cost of living adjustment of four percent for non-represented employees, and directed staff to re-evaluate consumer price indicators and their cost of living effects in three months. This adjustment went in to effect April 1, 2006. BACKGROUND: The cost of living adjustment authorized effective April 1, 2006 was the first adjustment to the City's salary matrix since incorporation in 2003. As directed by Council, staff has re-evaluated the indicators and their effects on the salary matrix and concludes that a total of a six percent increase to the 2003 matrix would be in line with the indicators. OPTIONS: 1. Approve a 6% cost of living adjustment to the 2003 salary matrix for non- represented positions effective 7/16/06. 2. Request further information 3. Take no action. RECOMMENDED ACTION OR MOTION: Move to authorize a second adjustment to the 2003 salary matrix for non-represented employees, effective July 16, 2006, that will complete a cumulative cost of living adjustment of six (6) percent. BUDGET/FINANCIAL IMPACTS: No unanticipated impact on the city budget. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS: None ~ J CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business IR new business ❑ public hearing 0 information ❑ admin report ❑ pending legislation AGENDA ITEM TITLE: Watershed Implementation Plan - Memorandum of Agreement GOVERNING LEGISLATION: Chapter 90.82 RCW -Watershed Planning PREVIOUS COUNCIL ACTION TAKEN: Vote to approve WIRA 55/57 Watershed Plan BACKGROUND: On May 24, 2005, City Council was presented the Draft Watershed Management Plan for the Middle Spokane and Little Spokane watersheds (Watershed. Resource Inventory Areas 55 and 57). At that meeting, Council voted to recommend approval of the Watershed Plan. The WRIA 55/57 Watershed Plan was adopted by the Commissioners of Spokane, Stevens and Pend Oreille counties on January 31, 2006. The next step in the watershed planning process is to develop a Detailed Implementation Plan (DIP). The DIP is developed by the Watershed Implementation Team (WIT), with Spokane County acting as lead agency. The WIT is the successor to the Watershed Planning Unit, the l group that developed the Watershed Plan. The WIT may include affected cities, counties, public agencies, river users, industry and agriculture interests. Spokane County proposes that guidelines for WIT membership and for developing the DIP be established in the attached Memorandum of Agreement (MOA). The MOA also includes two attachments, the first of which establishes the list of WIT representatives. The second attachment is a chart that shows resources that each implementing government is willing to contribute. The WIT has received State grant funding that requires a local match, which can be financial, or goods and services (such as staff hours). If Council decides to participate on the WIT in developing the DIP, it is suggested that the City minimally commit one staff member to attend one WIT meeting per month. City legal counsel has reviewed the draft MOA and has not expressed any concern. OPTIONS: • Authorize Mayor's signature. • Bring back MOA at a future Council meeting for further consideration. RECOMMENDED ACTION OR MOTION: Motion to approve the agreement and authorize. Mayor Wilhite's signature on the Memorandum of Agreement. BUDGET/FINANCIAL IMPACTS: Staff attendance at future WIT meetings. STAFF CONTACT: Scott Kuhta, Senior Planner ATTACHMENTS: Draft Memorandum of Agreement (v13b_LB_20060608) [space reserved for file number Attachments: A, Watershed Implementation Team members 13, resource obligations for grant matching MEMORANDUM OF AGREEMENT: TOWARDS DEVELOPING A DETAILED IMPLEMENTATION PLAIN FOR WRIAS 55 & 57 THE LITTLE AND MIDDLE SPOKANE WATERSHEDS WHEREAS, Chapter 90.82 RCW concerning Watershed Planning, provides a collaborative process for participating governmental entities, non-govern mental organizations, and other interested parties to have "the tershed planning process and WHEREAS, this MemoraMOA) seeks to further that statutory process with respect to watershed and Middle Spokane Water Resources Inventory Areas (WRJAs) 57 & 57; WHEREAS, the process in ch. 90.82 RCW and this MOA is not intended to formally determine or resolve any legal dispute about water rights under state or federal law. Rather, the process provides an alternative, voluntary process for cooperative planning and managing the use of Washington's water resources; and WHEREAS, effective watershed planning cannot take place without full participation of government entities, non-governmental organizations, and other interested parties within the WRIA; and WHEREAS, The Little and Middle Spokane Watershed Management Plan (ver. 6/16/2005) has been adopted in joint session on January 31, 2006 by the Pend Oreille County Board of Commissioners, Spokane County Board of Commissioners, and the Stevens County Board of Commissioners. NOW, THEREFORE, the parties agree as follows: 1.0 Purpose: The purpose of this MOA is to take steps as possible and appropriate under R.CW 90.82.030 to involve local water resource users and local interest groups to give input and direction into the watershed planning process. The goal of this collaboration is to reach a collective understanding on the development of a Detailed Implementation Plan identified in RCW 90.82.043 and RCW 90.82.048. REFERENCE: The Little and Middle Spokane Watershed Management Plan (ver. 06/1612005). This MOA is not an Interlocal Cooperation Agreement under ch. 3934 RCW. Interlocal Cooperation Agreements pursuant to ch. 39.34 RCW are limited to Public Agencies to accomplish governmental purposes and such Interlocal Cooperation Agreements may result from the collaborative process supported in this MOA however. 2.0 Definitions: "Consensus" means unanimous agreement. "Detailed Implementation Plan" or "DIP" has the same meaning as used in RCW 90.82.043. and RCW 90.82.048, as the document with the strategies implementing the Plan. [For references to ".Plan," see the Little and Middle Spokane Watershed Management Plan below.] "Implementing Party" is any entity, including but not limited to an Indian Tribe, agreeing to participate and having legal authority to contract to implement elements in the DIP. An Implementing Party may be either an Implementing Government or an Implementing Non- Governmental Member (NGM). These groups are further'described: "Implementing Governments" are those governmental entities, including Indian Tribes, having a role in Plan impl tation as ribed in the DIP, with legislative and regulatory authority, whose j i i b olly or partly within the boundary of WRIAS 55 & 57, and 1 to this MOA. For the purposes of implementing the Plan, Ec e r 1, itself. This shall not prevent other State Agencies from joining this a Iement. Implementing NGMs are non-governmental persons or entities entering into contractual relationships to implement elements as identified in the Plan. An implementing NGM need not be a Watershed Implementation Team member. "Implementation Matrix" is a document showing all recommended elements of an approved J 1VRIA Plan as the final step in plan development and recommendations, as further explained in Section 6.3. "Implementing rules" has the definition in RCW 90.82.020 (2), which are the rules needed to give force and effect to parts of the Plan that create rights or binds'any party, including a state agency, or that establish water management policy. "Initiating Governments" are those local governments initiating the Watershed planning process as identified in R.CW 90.82.060(2) for the area designated by the Washington State Department of Ecolo ,y as WRIAS 55 & 57, also known as The Little and Middle Spokane Watersheds. They continue as Implementing Governments and signatories to this MOA, to wit: Pend- Oreille County, Stevens County, Spokane County, Vera Water & Power, Whitworth Water District #2 and, the City of Spokane. "Lead agency" is that entity that shall convene the Watershed Implementation Team (WIT) and administer the Phase Four Watershed Planning Grant Funds [Ref. RCW 90.82.040(2)]. The Lead agency contracts for services, using funds available under ch. 90.82 RCW or contributed through other sources. The Lead agency has no power to bind another Government without its expressed written consent, through its governing body. The Lead agency shall likewise be responsible for application and management of grant funds for purpose of this MOA. Designation of a Lead agency does not limit the option of another Government to apply for and manage grant funds for plan implementation. [Cross reference, RCW 90.82.060 (6)) "Minimum instream flow" has the definition of RCW 90.82.020 (3). "Planning Unit" was a committee formed pursuant to Chapter 90.82 RCW by the Initiating Governments to initiate the ch. 90.82 process, which resulted in the adopted The Little and Middle Spokane Watershed Management Plan (the Plan). For the purpose of developing the Detailed Implementation Plan, to implement The Little and Middle Spokane Watershed Management Plan (ver. 06/16/2005), the Planning Unit will be replaced by the Watershed Implementation Team (WIT) as further described below. ``.rhe Little and Middle Spokane Watershed Management Plan (ver. 06/16/2005)", sometimes also referenced as the "Plan" is defined in RCW 90.82.020 (6) with respect to WRIAS 55 & 57. It includes any rules adopted in conjunction with the product of the Planning Unit. "Watershed Implementation Team" (WIT) is the successor of the Planning Unit, formed for the purpose of implementing The Little and Middle Spokane, Watershed Management Plan (ver. 06/16/2005). WIT membership is listed in Appendix A. The list may be amended by its members as provided in Section 5. "WRIA" is a water resource inve d f or under RCW 90.82.020 (4). This MCA concerns WRIAs 55 & 57. 40, 3.0 Governments Scope: Watershed Planning for WR.IAs 55 & 57 includes an opportunity to receive state grant finding, when local match funding can be met, for Phase Four, detailed implementation plan development, as provided for in Chapter 90.82 RCW and RCW 90.82.040. 3.1 The main focus of Phase Four will be planning: 1) who will implement that Plan, 2) how the Plan will be implemented, and 3) the commitment of resources by those implementing entities. 3.2 Approval of the completed DIP shall be by the same formalities as this MOA; by written instrument duly executed in like manner as this MOA. 4.0 Lead Agency: Spokane County is the Lead agency under this MCA. The Lead agency shall administer the grant funds and contract for services to support development of the detailed implementation plan. Project budgets and utilization of consultants shall be agreed upon by the WIT per the process described in section 6.0 of this agreement. 5.0 Watershed Implementation Team (Y-IM: The WIT is composed of the parties signing this MOA and those members of the WRIAs 55 & 57 Planning Unit, when the Planning Unit approved The Little and Middle Spokane Watershed Management Plan during the Planning Unit meeting on June 16, 2005, all as listed in Appendix A. Future membership may be amended in accordance with this MOA. 5.1 Parties in Exhibit A have appointed a representative or representatives to the WIT. New non-governmental representation in the WIT may be developed as outlined in Section 5.3. Each member of the WIT is responsible to appoint one primary representative and as many alternates as desired. Alternates may serve in lieu of the primary contact. 5.2 The appointed Representatives of Implementing Governments shall be voting members of the WIT. With respect to NGMs, after a person desiring to participate in the WIT has attended three consecutive regular WIT monthly meetings, the WIT CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 City Manager Sign-off: Item: Check all that apply: consent ❑ old business new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Web Properties Office Space Lease GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: The City has approximately 20,000 square feet of office space leased at Redwood Plaza on E. Sprague Avenue. The City Council has authorized these leases during the last three years. The Finance Committee met in May and discussed leasing additional space to house our employees and to store City files and records. BACKGROUND: Staff thought that files and records could expand in the current room (large room with no outside windows near the east wall of the building) as the City grew. A review of building plans and a tour of the structure by an architect indicated the floor in the file room (above the dance studio) would not carry additional loading. Northwest Christian Schools, the City's landlord, owns the one-story building immediately to the west of the City's current site. During early 2005 the City leased warehouse space in that building. There is currently office space available in that same building which.is approximately 75 feet from the west wall of the building the City currently occupies. As the city adds employees, additional office space is needed. Space in the existing building is limited and our current lease is for $15.15 per square foot per year. Space is available in the building to the west for $12.50 per square foot for the remainder of 2006. Terms of the lease are still being negotiated but it appears the building owner is willing to lease the City 3,290 square feet in the building next door, under the following terms: 1. This lease will begin August 1 2. City will pay for 2,100 square feet but occupy 3,290 during the current year 3. During the first three months of 2007 the City will pay for 2,700 square feet but will occupy 3,290 square feet 4. Beginning in April of 2007 the city will pay $12.88 per square foot per year (3% increase in rate) for the 3,290 square feet in the building next door. 5. The lease rate will increase 3% on April 1 of 2008 and 2009. 6. This new lease will expire on April 1, 2010, with the termination of our other leases at this site. The current plan is for our Building Division to move into this space and to move their related files to the new building (on a concrete slab) as well. OPTIONS: 1.) Direct staff to proceed with a lease of office space as outlined; 2.) Direct staff to proceed with a lease of office space with new changes identified by the City Council; 3.) Direct staff to negotiate a lease at another site. RECOMMENDED ACTION OR MOTION: Council consensus to direct staff to proceed with a lease of office space as outlined. BUDGET/FINANCIAL IMPACTS: There will be significant additional costs involved in leasing office space, beyond the lease itself. Furniture, office cubes and one or more banks of rolling files will be needed at an estimated cost of $130,000. However, these items can be taken to a new facility when our lease expires. STAFF CONTACT: Ken Thompson, Tom Scholtens COMMERCIAL LEASE AGREEMENT FOR REDWOOD PLAZA THIS LEASE, made and entered this 1" day of July, 2006, by and between Northwest Christian Schools, a non-profit corporation, 5104 E. Bern.hil.l Rd., Colbert, WA 99005 hereinafter referred to as Lessor; and City of Spokane Valley, whose mailing address is 11707 Gast Sprague, Spokane Valley, Washington 99206, hereinafter referred to as Lessee. WITKESSETH: As used herein: (1) the term Lessee shall refer and apply equally to the plural term Lessees, (2) he or his shall apply to she and hers. For and in consideration of the mutual promises contained herein, the parties agree as follows: 1. LEASED PREMISES. The Lessor does hereby Lease to the Lessee and the Lessee does hereby hire and lease from the Lessor those certain premises located and described as The Clocktower Building Suite B-3 11703 E. Sprague Ave., Spokane Valley, WA 99206. Consisting of approximately 3,290 Sq. Ft. 2. (a) TEW The term of this Lease shall be Three (3) years and Eight (8) month, C/ commencing on August 1, 2006 and ending March 31, 2010. In the event occupancy occurs in the middle of any month, rent for the first month shall be prorated to the first day of the nest succeeding month and thereafter, all rental payments shall be due and payable on the first (I") day of each month. (h) RENT. Lessee covenants and agrees to pay the Lessor at WEB Properties, Inc. P.O. Box 21469, Spokane, WA 99201, or to such other place as the Lessor may hereafter designate, monthly rental in the amounts of and due and payable on the first (0) day of each month as noted. This is a gross lease and includes all costs for the subject Leased Premises and common area. A.The rental f.'or the first Five month of this Lease shall be TWO THOUSAND EIGHTY T FREE AND 33/100 DOLLARS ($2,083.33), per month in advance on the first (l') day of August; 2006. The Rental for the Nest: Three months of this lease shall be TWO THOUSAND SEVEN HUNDRED FIFTY FIVE AND 20/100 .DOLLARS ($2,755.20), per month in advance on the first (I") day of January, 2007. The rental for the first full Twelve months of this Lease shall be THRF:F THOUSAND FIVE HUNDRED TNVENTY MINI; AND 901100 DOLLARS ($3,529.90) per month in advance on the first (151) day of each month of the First (la) Twelve months of the lease term. The rental for the 2od Twelve months of this Lease shall be THREE THOUSAND SIX HUNDRED THIRTY FIVE AND 79/1.00 DOLLARS ($3,635.79) per month in advance on the first (I') day of each month of the Second (2°d) Twelve months of the lease term. The rental for the 3`a Twelve months of this Lease shall be THREE THOUSAND SEVEN HUNDRED FORTY FOUR AND 87/100 DOLLARS ($3,744.87) per month in advance on the first (I") day of each month of the Third (3'd) Twelve months of the lease term. A late-payment assessment of five percent (5%) of the monthly rental due will be charged for any rent paid after the tenth (5t) business day of the month in which rent is due. 3. USE OF PREMISES.' The Leased Premises shall be used for commercial business purposes as permitted within a commercial business zone in Spokane County, Washington and all activities incident thereto and for no other purpose without the prior written consent of the Lessor first obtained. Lessee shall not use or allow the use of the Leased Premises in any manner that causes damage to the real property or improvements, nor shall Lessee use or allow use of the Leased Premises in any manner which would increase insurance premiums or for any illegal purpose. Lessee shall comply with all governmental rules, orders, regulations, or requirements relating to the use and occupancy of the Leased Premises. 4. RULES AND REGULATIONS. Lessor reserves the right to promulgate such reasonable rules and regulations relating to the use of parking areas as it may deem appropriate and for the best interest of the tenants, and Lessee agrees to abide by such rules and to cooperate in the observance thereof. Such rules and regulations shall be binding upon Lessee upon delivery of a copy thereof to Lessee. Said rules and regulations may be amended by Lessor from time to time with or without advance notice and such amendments shall be effective upon the delivery of a copy thereof to Lessee. Any material violation of such rules and regulations by Lessee, its officers, agents, employees or subtenants will constitute a breach of this lease and, upon expiration of the cure period, entitle the Lessor to claim a default thereunder in the same manner and to the same extent as any other default under the lease: provided, however, that the notice and cure provisions of Section 23 of this Lease shall be applicable. 5. REAL ESTATE TAXES. The Lessor shall pay all real property taxes due or falling due on said premises. However, in the event the Lessee shall make an improvement on the property which causes an increase in real property taxes, the Lessee hereby agrees to pay any reasonable increase caused. SL.02 3042132 2 6. MAINTENANCE. Lessor shall maintain in good condition, the improvements on the real property, including parking lot, leased pursuant to this Lease. This shall include any and all maintenance required to keep the improvements on the real property, including parking lot, which is the subject matter of this Lease, in the same condition, less normal wear and tear, casualty, condemnation and repairs required to be made by Lessor, as of the date of commencement of this Lease. 7. PARKING LOT MAINTENANCE. The Lessor shall keep and maintain the parking lot and landscaping in a neat and clean condition and repair at all times. In addition, Lessor shall remove snow during the winter season, as needed, and the Lessee agrees that there shall be no vehicles left overnight in the parking lot area by Lessee or any employee of the Lessee in order to prevent interference with the cleaning, maintaining and snow removal of the parking lot area: 8. UTILITIES. The Lessor agrees to pay all charges for light, heat, water, sewer, garbage and all other utilities and services furnished to the premises except telephone. Lessor agrees to provide janitorial services sufficient to keep said Leased Premises and common area neat, clean and free of garbage and debris at all times. 9. ACCIDENTS AND LIARMITY. Neither Lessor nor its agents shall be liable for any injury or damage to persons or property sustained by Lessee or any others, in and about the Leased Premises. Lessee agrees to defend and hold Lessor and its agents harmless from any claim, action and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Leased Premises by any person, firm or corporation, unless caused by Lessor's negligence. Lessor and Lessee agree to maintain public liability insurance on the Leased Premises in the minimum single limit of One Million and Noll 00 dollars ($1,000,000.00) and shall name Lessor as an additional insured. Lessee shall furnish Lessor with a certificate indicating that the insurance policy is in full force and effect and listing the Lessor as an additional insured on the policy. Lessor shall name lessee as an additional insured and shall furnish Lessee with a certificate indicating the insurance policy is in full force and effect and listing Lessee as an additional insured. 1.0. I..IENS AND INSOLVENCY. )Except as otherwise provided Lessee shall keep the Leased Premises free from any liens arising out of any labor performed or materials furnished to, or any obligations incurred by Lessee, and shall hold Lessor harmless against same. In the event Lessee becomes insolvent, bankrupt, or is a receiver, assignee or other liquidating officer is appointed for the business of Lessee, Lessor may cancel this Lease at its option. si.oa 304213.2 3 11. SUBLETTING OR ASSTGNMENT. Except as otherwise provided Lessee may not assign or sublet all or any part of this lease of the Leased Premises, without Lessor's prior written consent. 12. ACCESS. Lessor shall have the right to enter the Leased Premises at all reasonable times and provide Lessee reasonable notice except for emergencies for the purpose of inspection or of making repairs, additions or alterations, and to show the Leased Premises to prospective tenants sixty (60) days prior to the expiration of the term of this Lease. Lessor shall have the right to place a For Rent sign in connection with the Leased Premises for the sixty (60) days prior to the end of the term of this Lease. 13. POSSESSION AND QUIET ENJOYMENT. 'Be Lessee shall be entitled to possession of the Leased Premises as soon as the same are ready for occupancy as hereinabove described and shall be entitled to continued quiet enjoyment of the Leased Premises during all periods under the term of this Lease, provided that the Lessee shall be in good standing and shall have paid all rent reserved under the Lease and performed all covenants agreed to be performed by the Lessee under the term of the Lease. 14. DAiM AGE OR DESTRUCTION. In the event the Leased Premises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessor may elect at its option, within ten (l0) days of the event not to restore or rebuild the Leased Premises and shall so notify Lessee, in which event Lessee shall vacate the Leased Premises and this Lease shall be terminated; or in the alternative, Lessor shall notify Lessee within ten (10) days after receiving notice of such casualty the Lessor will undertake to rebuild or restore the Leased Premises, and that such work. can be completed within ninety (90) days from the date of such notice of intent. If Lessor cannot restore or rebuild the Leased Premises within the said ninety (90) days, except for delays which arc not the fault of the Lessor, then the lease may be terminated at the Lessee's option by written ten (10) days notice to Lessor. During the period that the Leased Premises are not tenantable, rent shall abate in the same ratio as premises rendered untenantable bears to the whole of the Leased Premises. 15. SIGNS. The Lessee shall be permitted to have signage in connection with the occupancy of the Leased Premises. All signs or symbols placed by Lessee shall be subject to Lessor's prior written approval, which will not be unreasonably withheld or delayed. All signs shall be non- SL02 304213.2 4 illuminated and shall be consistent with other signage placed upon the building or on any sign post established for the general use of all tenants within the building or using other building on the property common to the area. Signs shall generally conform to the size and type of sign currently in use on the Cloektower Building. At the termination of the Lease, the Lessee shall remove all signs, at Lessee's expense placed in, on or about the Leased Premises and will repair any damage caused by the removal to the Leased Premises. If the Lessee has a sign in a common use sign post or board, Lessee shall replace plastic in the sign at the termination of the Lease. 16.. ALTERATIONS AND IMPROVi:M E;NTS. Tenant shall not make alterations, additions or to the improvements Premises without the prior written consent of Owner. Unless otherwise provided for, all such alterations, additions and improvements shall be at the sole cost and expense of Tenant, and shall become the property of Owner and shall remain as part of the Premises at the termination or expiration of this Lease. Tenant agrees to save Otivrler harmless from any damage arising out of any such work. Owner reserves the right to make, from time-to-tirnc, at its expense, such alterations and improvements to Premises and Property as it deems appropriate 17. COiNTDEIMNATION. In the event that any government, or any agency or instrumentality having the power of eminent domain shall, by condemnation or deed in lieu thereof, take title, possession or the right to possession of the Leased Premises or any part thereof, Lessor may, at its option, terminate this Lease as of the date of such taking, and if Lessee is not in default under any of the provisions of this Lease on said date, any rental prepaid by Lessee shall, to the extent allocable to any period subsequent to the effective date of the termination, be promptly refunded to Lessee, provided Lessee shall be entitled to seek compensation for any Lessee improvements which are so taken by erninent domain. 1.8. COMPLIANCE WITH LAWS. Lessee shall at all times keep and use said Leased Premises in accordance with applicable laws and ordinances and in accordance with applicable directions, rules and regulations of public officials and departments as applicable to Lessee's specific use of the Leased Premises as opposed to use in general by the tenant at the sole expense of Lessee unless otherwise agreed by the parties. 19. CONFIRMATION BY LESSEE. Lessee agrees, from time to time during the Lease period, upon not less than fifteen (15) days prior written request by the Lessor, to sign and make l 1 available to the Lessor, a confirmation stating that the Lease is in full force and effect and unmodified as Si-02 304213.2 5 of the date of the signing of the confirmation. The purpose of such confirmation shall be to entitle the Lessor to provide said confirmation to a mortgagee or prospective mortgagee providing financing for said property, of which the Leased Premises is a part 20. JOINT AND SEVERAL OBLIGATION. There being more than one Lessee, the obligations hereunder imposed upon Lessee arejoint and several upon all persons included as Lessee. 21. RIDERS. The riders or addenda, if any, attached to this Lease are made a part hereof by reference. 22. DEFAULT AND RE-ENTRY. If the Lessee shall fail to keep and perform any of the covenants and agreements herein contained, other than the payment of rent, and such failure continues for thirty (30) days after written notice from Lessor, unless appropriate action has been taken by Lessee in good faith to cure such failure, Lessor may terminate this Lease and re-enter said Leased Premises and without terminating this Lease, re-enter said Leased Premises, sublet the whole or any part thereof for the account of the Lessee for the balance of the term of this Lease, and Lessee covenants and agrees to pay to Lessor the fair rental value of any deficiency arising from re-letting of the Leased Premises at a lesser amount than herein agreed to. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lessor or at the Lessor's option, shall pay the present value (discounted at the rate of seven (7) percent per annum] of the balance of the rent for the remainder of the term of the Lease less the present value (discounted at the same rate) of the fair market value of the Leased Premises for said period. 23. BREACH OF LEASE. If the Lessee breaches this Lease after written notice and grace periods, then this Lease may be terminated by dhe Lessor in the following manner at its option: The Lessor shall serve upon the Lessee, by registered or certified mail, at the Lessee's last known address, a notice in writing of the fact of said breach or breaches and a detailed description of said breaches. From and after the mailing of said notice, the Lessee shall have ten (10) days to cure any breach for the nonpayment of rent and thirty (30) days to cure any other breach of the lease. Failure of the Lessee to remedy said breaches within said period shall result in Lessee's total forfeiture of all its right, title and interest under this Lease, and the Lessor shall have the right to enter said premises and remove the Lessee and her property therefrom, take immediate possession for the purpose of protecting said property and cancel this Lease in its entirety or re-let the premises. In all cases of such forfeiture, Lessor shall make a good-Faith effort to mitigate its damages. Lessee shall be liable only for reasonable deficiencies, which do not exceed fair market value of rent which result from re-letting. SLO2 304213.2 6 24. REMOVAL OF PROPERTY. In the event Lessor lawfully re-enters the Leased Premises as provided herein, Lessor shall have the right, but not the obligation, to remove all of the personal property located therein and to place such property in storage at the expense and risk of Lessee. 25. COSTS AND ATTORNEY'S FEEXENUE. If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs including the prevailing party's reasonable attorney's fees as fixed by the court in connection therewith. It is agreed that the venue of any legal action brought under the terms for this lease shall be in Spokane County, Washington. 26. SUBROGATTNG WAIVER. Lessor and Lessee each releases and relieves the other and waives its entire right of recovery against the other for loss or damage arising out of, or incident to, all perils described in the fire and extended coverage insurance policy approved for use in the State of Washington, which occurs in, on or about the Leased Premises, whether due to the negligence of either party, their agents or employees or otherwise. 27. SUBORDINATION. Except as otherwise provided Lessee agrees that this Lease shall be subordinate to any mortgages or deeds of trust placed on the property provided that in the event of foreclosure, if Lessee is not then in default and agrees to attorn to the mortgagee or beneficiary under deed of trust or purchaser at a foreclosure sale, such mortgagee or beneficiary or purchaser shall recognize Lessee's right of possession for the full term of this Lease. Lessor agrees to use Lessor's best efforts to obtain it Non-Disturbance Agreement. 28. NO WAIVER OF COVENANTS. Any waiver by either party of any breach hereof by the other shall not be considered a waiver of any future similar breach. 29. ENT1RF- AGREEMENT. This Lease contains all the agreements between the parties and no modifications shall be effective except by written instrument signed by bath parties. 30. SURRENDER OF PREiVIISES. Lessee agrees, upon termination of this Lease, to peacefully quit and surrender the premises to Lessor without notice, to leave the Leased Premises neat and clean, well maintained, in good condition, normal wear and tear excepted, and to deliver all keys to the Leased Premises to the Lessor. SLO2 304213 1 7 31. HOLDING OVER. If Lessee, with the implied or express consent of Lessor, shall hold over after the expiration of the term of this Lease, Lessee shall remain bound by all the covenants and agreements herein, except that the tenancy shall be from month to month and monthly rent shall be otherwise agreed upon.. 32. BINDING ON HEIRS, SUCCESSORS AND ASSIGNS. This Lease shall be binding upon the heirs, executors, administrators, successors and assigns of both parties hereto, except as hereinabove provided, but this does not constitute a consent to assignment. 33. NOTICE. Any notice required or allowed to be given by either party to the other shall be deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Lessor or to the Lessee at their addresses stated below, or at such other address as either party may designate to the other by notice given as herein provided. Lessor at: Northwest Christian Schools C/o NVEB Properties, Inc. P.O. Box 21469 Spokane, WA 99201 Lessee at: City of Spokane Valley Attn: City Manager 11707 F. Sprague Suite 106 Spokane Valley, WA 99206 34. NON-SMOKCNG BUILDING POLICY. It is agreed between Lessor and Lessee that Redwood Plaza is a smoke-free office complex. There is to be no smoking at any time inside of the office building. If smoking within this complex becomes a problem, the Lessor has the right to cancel this Lease at its option, provided that the notice and cure provisions of section 23 hereof shall be applicable. 35. FRONT DOOM SECURITY. For the safety of all tenants and the janitor in the Clock Tower Professional Building, all exterior doors must be locked after 6:00 p.m. Monday through Friday. On the weekends all doors must be locked at the time of entering and at the time of exiting. SL02 304213.2 g 36. T ME OF ESSENCE. Time is of the essence in all provisions of this Lease. 37. TENANT UNIPROVEMENTS. Lessor shall at its own cost and expense expand the restroom located in the Suite B-4 Warehouse to conform to a ADA compliant unisex restroom. 38. ARBITRATION. In the event of a disagreement arising under this Lease, all matters shall be submitted to arbitration as follows: The party seeking arbitration shall submit, in writing, to the other party, a statement of the issue(s) to be arbitrated and shall designate a party to act as arbitrator on behalf of the party seeking arbitration. The responding party shall supply a statement of any counter or additional issue(s) to be arbitrated and shall nominate an arbitrator to act for the responding party. This process shall be accomplished within fourteen (14) days after the party seeking arbitration has deposited in the United States mail, postage prepaid, the initial notice of intent to arbitrate, addressed to the other party at the address hereinabove shown. a. The two (2) arbitrators selected shall immediately select a third arbitrator. The arbitrators thus convened shall, within a time established by a majority vote of the arbitrators, conduct a hearing on the issues submitted to them and render a decision on each issue, in writing, to each of the parties to the dispute. Any decision as to procedure or substance made by a majority of the arbitration panel shall be binding. A decision by a majority of the arbitrators on any issues submitted shall be the decision of the arbitration panel as to that issue. The arbitrators shall have authority to award costs and reasonable attorney's fees to either party in accordance with the merits and good faith of the position asserted by the parties. Said final decision of the arbitration may be submitted to any court in the county in which the arbitration takes place to be entered in the form of a judgment therein. b. In lieu of appointing three (3) arbitrators in the manner set forth above, the parties may, by written agreement, designate a single arbitrator. c. Except as provided herein, the arbitration proceedings shall be conducted in accordance with the rules of the American Arbitration Association and the statutes of the State of Washington pertaining to binding arbitration. 81,02 304213.2 9 IN WPI NESS WHEREOF, the parties hereto have executed this instrument at Spokane, Washington, on the day and year first above written. CITY OF SPOKANE VALLEY BY: ITS: BY: ITS: State Of Washington ) ss County Of Spokane NORTHWEST CHRISTIAN SCHOOLS BY: ITS: BY: ITS: Lessee Acknowledgment On this day of , 2006, before me the undersigned Notary Public, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, is the person or the entity upon behalf of which the person acted, executed the instrument. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, residing at My Appointment Expires: STATE OF WASIdINGTON) )ss County of Spokane ) Lessor Acknowledzment On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared and to me known or proven on the basis of satisfactory evidence, to be the agent(s) for NORTHWEST CHRISTIAN SCHOOLS, who executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, residing at My Appointment Expires: SLO2 304213.2 10 may accept such person as a voting member by a vote of the WIT members pursuant to sec. 6 of this MOA. In voting to accept a NVIT candidate, the WIT shall be guided by considerations of assuring that water resource user interests and directly involved local-level interest groups have a fair and equitable opportunity to give input and direction to the process. [Cross reference, KCW 90.82.030 (1)a 5.2.1 An existing NGM representative may be removed from voting status if such person misses three consecutive regular WIT monthly meetings. A motion to remove is introduced at a regular WIT meeting. Thereafter, the Lead agency and/or a designee shall contact the party in question, no less than 10 business days before the next regular meeting. The majority of the WIT members in attendance at the next regular meeting may then terminate voting membership by majority vote. A removed NGM representative may join again as provided in 5.2. 5.2.2 Where a votin overnmcnt sentative on the WIT misses three consecutive regular mo i en notice may be given to said party of intent to remove votin , t usiness days before a regular monthly meeting where the qu st ..t i red. At such meeting, the removal must be approved by a maJ t mbers in attendance and the appointing Government shall then be given written notice of such action. The removal does not become effective unless the appointing Government fails to appoint or reappoint a representative within sixty (60) days of being notified. The appointing Government can appoint a new representative or reappoint a removed representative with fully restored voting rights at any time thereafter. 5.2.3 Government withdrawal: see section 8.3. 5.3 The WIT may adopt rules for operation, decision-making, and membership to supplement those presented in this MOA but not in conflict with the MOA. 6.0 Process: 6.1 In so far as possible, all decisions of a quor-um of the WIT will be by consensus, but the Implementing Governments must reach Consensus, whether or not in attendance at a meeting. In addition, no decision may bind any Implementing Government to an obligation without written approval of its governing body, with the exception of state and federal agencies, whose representatives can agree to obligations. For the purposes of this Mk OA, "Obligation" is defined in sec. 6.3.4. 6.2 Where Consensus has been reached among Implementing Government representatives, whether or not in attendance, but a consensus cannot be reached among other WIT members after a reasonable amount of time, approval for purposes of participation of such non-government members shall be by majority vote among those non-government members in attendance at a meeting and shall decide the issue for such members. A `reasonable amount of time' as used in this paragraph is determined by majority vote of all those WIT members in attendance at the meeting, except that a reasonable amount of time shall not be less than deferring a vote until the next regular meeting following the meeting with the call to vote. 6.3 Implementation Matrix. The Plan included an Implementation Matrix which sets forth Issues and Recommendations. The Detailed Implementation Plan (DIP) shall identify items creating an obligation on the part of any of the Implementing Entities (Governments and NGOs), including their status as lead or cooperating (supporting), as well as level of effort (including cost as available or reasonable estimate). 6.3.1 For the purposes of this MOA, the parties further state their intent that no Implementing Rule, as defined in RCW 90.82.020, shall bind an Implementing Government without its' written consent, approved in the manner described above. 6.3.2 An Implementing Government which accepts and completes an obligation as specified in the DIP shall be regarded as having fulfilled it's responsibilities for these issues, recommendations, and/or strategies under the Watershed Management Plan or other related regulatory requiremen ing the fini s specified under the D.I.P. 6.3.3 NGMs ma I it(s) of the actions that impose an obligation tten approval of their governing bodies, with the e. f federal agencies, whose representatives can a~-ee li ti s. h hall not preclude any requirement for a contractual agreement for NGM Implementers to utilize funding from an Implementing Government. 6.3.4 "Obligation" means any required action that imposes fiscal impact, a re- deployment of resources or a change of existing policy. 6.4 All technical decisions will be based on best available science. For purposes of Watershed Planning in WRIAS 55 & 57, the )VIT will use the criteria in WAC 365- 195-905. For such elements that include implementation. by Indian Tribal agencies, best available science criteria may be modified to include best available science determinations by tribal natural resource agencies or departments. ' 6.5 Technical advisory group(s) and/or work group(s) may be established by the WIT to provide reports and recommendations on specific issues. 7.0 Funding: 7.1 By signing this Agreement, the Implementing Governments intend to bind themselves to the Grant Authority to provide resources as shown in Attachment B to meet the "matching" portion of the grant for Phase Four. 7.2 Grant funds, match and staff or other contributed resources may be used for any purpose approved by the Grant Authority and the contributing entities, including the preparation of technical reports for review by the WIT and/or technical committees and/or focus groups as approved by the WIT. The initial budget for Phase Four will also be reviewed and approved by the WIT. 7.3 Participation in the WIT and/or technical committees and/or focus groups by all participants, including officials and staff, shall be contributed time not eligible for reimbursement from grant funding unless expressly approved by Implementing Governments, consistent with the provisions of Chapter 90.82 RCW. _J 7.4 The Implementing Governments recognize the financial burden watershed planning places on smaller units of government and support their effort to secure outside sources of finding to ensure effective participation by these entities. 8.0 Duration: 8.1 This MOA shall terminate 18 months from the date of the execution of this MOA. 8.1.1 in accordance with RCW 90.82.040(2)(e), a Detailed Implementation Plan shall be approved by the WIT within one year from the date on which Phase Four funds are accepted and utilized by the Lead Agency. Said Detailed Implementation Plan shall require approval by the governing body of each signatory agency of this agreement, with the exception of state and federal agencies, whose repr t4can to obligations. 8.1.2 In the event developed and a pproved a Detailed Implementation Ph n, inue to operate pending ratification by governing bodies ay 8.2 Not withstanding 8.1, by written agreement signed by all parties to this MOA, this MOA may be extended an additional period as agreed, not to exceed two (2) years. 8.3 Any WIT Member may withdraw from this MOA and the planning process at any time. If any member withdraws, that member shall not be deemed a party to any plan elements or agreement produced. 9.0 Modification: This MOA may be modified or amended only by a subsequent written document, signed by all parties. 10.0 Preservation of fights: 10.1 The parties acknowledge that Chapter 90.82 RCW provides that the planning process shall not result in provisions which conflict with federally reserved tribal rights. They agree that tribal participation in this process shall not constitute an admission or agreement by the participating tribe that any estimate of federally reserved tribal rights are binding on it, unless the affected tribe expressly so agrees in writing at the conclusion of the process, and such'tribal agreement is approved in writing by the appropriate agency of the United States Government (e.g. Bureau of Indian Affairs). 10. 2 Reports and data from original studies conducted by or on behalf of the WIT are public records pursuant to 40.14.010 RCW (preservation statute). 11.0 Effective Date: This document shall become effective and commence upon execution of the MOA by the parties as listed herein. IN WITNESS WHEREOF, we the undersigned have executed this MOA as of the date as indicated. PEND OREILLE COUNTY: By: Date: Kenneth Oliver, Chair SPOKANE COUNTY: By: Date: Todd Mielke, Chair STEVENS COUNTY: By: ate: I-e CITY OF SPOKANE: By: Date: Dennis Hession, Mayor WHITWORTH WATER DISTRICT #2: By: Chris Johnson, President VERA WATER & PONVER: By: David Peterson, Chair Date: Date: WASHNGTON STATE DEPT. OF ECOLOGY: By: Date: Grant Pfeifer, Regional Director CITY OF SPOKANE VALLEY: By: Diana Wilhite, Mayor Date: 7 CITY OF T TT3ERTY LAKE: Hy: , Mayor CITY ON DEER PARK: By: ,'Mayor CITY OF MILLWOOD: Date: Date: By: ate: Mayor Y,ai SPOKANE COUNTY CONSERV By: Gerald Scheele, Chair PEND OREILLE CONSERVATION DISTRICT: \--J By: Date: Date: , Chair Approved as to form' Robert G. Beauunier, Jr-, Ass istact City Attorney City of okane Approved as to form: ozi Arkifls, Deputy Prosecuting Attorney Spokane County Attest: '.Ferri Pfister City Clerk City of Spokane Attest: Dan iela Erickson Clerk of the Board oka un Approved as to form. d s to form: Attest: Attest: Approved as to form: Approved as to farm: Attest: Amst. Approved as to farm; Approved as to farm: Attest; Attest: ATTACHMENT A WRTAS 55 & 57 LIST OF WIT REPRESENTATIVES Representative Agency Represented Email Address Phone Number Initiating Governments Spokane County Pend Oreille County Stevens County Lloyd Brewer City of Spokane SpokaneCity.org 625-6968 Vera Water & Po Whitworth Water Implementing Governments Keith 1-lolliday Washington Dept. of Ecology khol461@ecy.wa.gov 509-329- 3431 City of Spokane Valley City of Liberty Lake City of Deer Park City of Millwood Other Members Spokane County Conservation District Pend Oreille Conservation District 10 Attachment B Implementing Governments agree to provide no less than the following resources each year for the duration of this MOA to meet the requirement that the Little and Middle Spokane (WRIAS 55 & 57) WIT provide up to $12,500 to match Phase Four Grant funding. (cross reference RCW 90.82.040 & 90.82.040 (2)(c)) Implementing Government Resource description Resource value (S City of S okane s 36 * $ 50 1800.00 City of Spokane c $0 0 Spokane County s 72 * $50 3600.00 Spokane Count c Whitworth Water District Vera Water & Power Spokane Aquifer Joint Board Ci of Spokane Valle X City of Liberty Lake City of Deer Park Town of Millwood Spokane Count Conservation District Pend Oreille Conservation District Wash. Dept. of Ecology Resource description codes: (s) - staff participation: specify hours per an.nurn and rate of compensation (c) - direct funding: cash paid to the Lead Agency for 1VR1A WIT activities * state funding not eligible for grant matching CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 11, 2006 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing N information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Information: Update on the Uniform Development Code (UDC) schedule and public participation. GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. PREVIOUS COUNCILICOMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. BACKGROUND: The City has one year to adopt regulations implementing the Comprehensive Plan. These regulations will be incorporated into the Spokane Valley Uniform Development Code, including a wide range of regulations, some of which the City Council has seen in the past. These regulations are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. WAC 365-195-805 provides that a city ......planning under the act should develop a detailed strategy for implementing its comprehensive plan. The strategy should describe the regulatory and non-regulatory measures (including actions for acquiring and spending money) to be used in order to apply the plan in J full. The strategy should identify each of the specific development regulations needed. (1) Selection. In determining the specific regulations to be adopted, jurisdictions may, select from a wide variety of types of controls. The strategy should include consideration of. (a) The choice of substantive requirements, such as the delineation of use zones; general development limitations concerning lot size, setbacks, bulk, height, density; provisions for environmental protection; urban design guidelines and design review criteria; specific requirements for affordable housing, landscaping, parking; levels of service, concurrency regulations and other measures relating to public facilities. (b) The means of applying the substantive requirements, such as methods of prior approval through permits, licenses, franchises, or contracts. (c) The processes to be used in applying the substantive requirements, such as permit application procedures, hearing procedures, approval deadlines, and appeals. (d) The methods of enforcement, such as inspections, reporting requirements, bonds, permit revocation, civil penalties, and abatement. (2) Identification. The strategy should include a list of all regulations identified as development regulations for implementing the comprehensive plan. Some of these regulations may already be in existence and consistent with the plan. Others may be in existence, but require amendment. Still others will need to be written. (3) Adoption schedule. The strategy should include a schedule for the adoption or amendment of the development regulations identified. Individual regulations or amendments may be adopted at different times. However, all of the regulations identified should be adopted by the applicable final deadline for adoption of development regulations. (4) The implementation strategy for each jurisdiction should be in writing and available to the public. A copy should be provided to the department. Completion of adoption of all regulations identilled in the strategy will be construed by the department as completion of the task of adopting development regulations for the purposes of deadlines under the statute."' Information Report Planned Unit Developments Page 2 of 3 The draft Comprehensive Plan Implementation Matrix identifies all policies included in the 2006- 2026 Comprehensive Plan, some of which will require development regulations and some of which do not. Proposed regulations will be included in the proposed Spokane Valley Uniform Development Code (SVUDC) and include Titles 17-25 of the Spokane Valley Municipal Code. The SVUDC will address WAC 365-195-805(1), (2) and (3). The Implementation Matrix will be supplemented by the 2006-2007 SVUDC Work Matrix which will outline a schedule for discussion of various chapters and topics before both Planning Commission and City Council, as well as addressing the requirements of subsection (4) concerning public participation. Although the chapters of each title are extremely important, some are of greater interest to members of the public than others, as was the case with The Comprehensive Plan. In summary, the titles are as follows: Title 17 Title 18 Title 19 Title 20 Title 21 Title 22 Title 23 Title 24 Title 25 General Provisions Administration Zoning Regulations Subdivision Regulations Environmental Controls Design & Development Standards Reserved Building Regulations Developer Contributions Pursuant to WAC 365-195-805(4) and the adopted Public Participation Guidelines, and to economize on the number of meetings for both the Planning Commission, staff and members of the public, the following is proposed: 1. The Planning Commission "Advance Agenda" will be published on the web and e-mailed to all persons on the lists of interested persons identified during the development of the Comprehensive Plan. 2. Staff will prepare a draft of each-title for public review prior to any discussion at the Planning Commission. The draft will have received comprehensive review by all city departments, including the City Attorney. 3. Planning Commission will discuss each Title during at least two public meetings prior to any public hearing. Planning Commission will accept written comments and open the discussion to public comment during these meetings. 4. Recommendations of the Planning Commission will be posted on the City's web-site in advance of each meeting, and prior to any public hearing. Planning Commission may continue public hearings to subsequent meetings if necessary. 5. The recommendations of the Planning Commission will be forwarded to City Council with a minority report, if appropriate. 6. The public hearing for a number of titles may be held on the same day. The proposed advance agenda includes a Planning Commission meeting on August 31, 2006 (5t' Thursday) which includes a discussion on Title 21 Environmental Controls. This meeting is a substitute for the September 14, 2006, meeting which we has been pre-empted for the Sprague/Appleway Sub-area Plan Community meeting. Information Report Planned Unit Developments Page 3 of 3 As tidy as the schedule appears now, some slippage should be expected, particularly during consideration of predictably hot topics such as: 19.40 Non-conforming Uses 19.110 Residential accessory uses in detached structures 22.40 Height & Area Standards for zoning designations 22.60 Off-street parking & loading 22.80 Landscaping Development Code issues which have not been scheduled include the UR-1 Interim Zoning designation (expires September 6, 2006) and changes to the sign regulations, which are on- going. - Overlay designation to be established along the Sprague/Appleway corridor have been deferred pending completion of sub-area plan. The Sprague/Appleway Sub-area Plan is likely to propose some type of "form-based zoning". It will be necessary to schedule some time for the Council and Planning Commission to review the principles of this type of zoning. With the general concurrence of the City Council, staff will finalize the 2006-2007 SVUDC Work Matrix scheduling both discussion and hearings. All proposed implementing regulations must be submitted to the Community Trade & Economic Development Department (CTED) not less than sixty days prior to final adoption by the City Council. All regulations also require a threshold determination under the State Environmental Policy Act (SEPA) as a non-project action. J OPTIONS: Schedule for further discussion or take no action. RECOMMENDED ACTION OR MOTION: None required. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Public Participation Guidelines Comprehensive Plan Implementation Matrix DRAFT COMPREHENSIVE PLAN Public Participation Program RCW 36.70A.140 of the Washington Growth Management Act requires that each city "establish and broadly disseminate to the public a public participation program for early and continuous public participation in the development" of the city's Comprehensive Plan. Consistent with the recommendations of the GMA which emphasize the involvement of the broadest cross-section of the community, including the involvement of groups not previously involved, the City of Spokane Valley adopts the following program for citizen participation in the planning process: 1. Visioning Process - This process provides Spokane Valley citizens an opportunity to establish a framework and context upon which the comprehensive plan will be based. Planning Commission meetings will provide the forum for the initial community visioning process. A draft "Vision" will be tested for consistency during the development of the Plan as the community identifies priorities and implementation strategies and updated accordingly. The ultimate "Vision" will be established at the conclusion of the planning process as a result of community participation. 2. Planning Commission. The Planning Commission will play a key role in establishing the City's dialogue with community members, hosting a series of meetings and workshops during the development of the Plan. The Planning Commission will evaluate information provided by the community and develop recommendations for submission to the City Council. 3. Citizen Survey - The City will conduct a statistically valid survey of the citizens of Spokane Valley. Survey questions will address specific issues of the comprehensive plan that will provide city staff, planning commission and city council with meaningful input for development of the comprehensive plan. 4. Public Meetings. Conduct a series of public meetings hosted by the Planning Commission on, the preliminary draft comprehensive plan. This ensures that the City will meet the requirement for "early and continuous" public participation in the comprehensive planning process. 5. Public hearings. A series of Public Hearings (not less than three) will be held before the Planning Commission to discuss the draft Plan. It is anticipated that at least two public hearings will be held by the governing body prior to adoption of the Plan. An additional public hearing will be held if substantive changes are made to the Plan document. 6. Public notice. The City will provide notice of all meetings and hearings pursuant to the requirements of RCW 36.70A.020,.035, and. 140. 8-13-2003 Adopted by Council 9-23-2003 7. Written Comment. The public will be invited to submit written comments as each element of the Plan is developed, as part of any workshops or community meetings. Comments will be specifically solicited from residents, special interest organizations and business interests. Comments may be in the form of letters and other correspondence to the city regarding the plan or comments received electronically on the city's website. Log in all written comments received according to specific area of comprehensive plan. 8. Communications Programs & Informational Services - As staff and budgetary resources allow, the activities will be undertaken to ensure broad-based citizen participation: a. Comprehensive Plan newsletter - updating the community on planned meetings, workshops or other significant comprehensive plan events. Articles on topics related to the plan and a request for feedback from the community on topics related to the plan. The newsletter will be disseminated via the city's website, emailed to a mailing list and/or provided in paper copy as appropriate. b. Interest Groups - Contact local interest groups (i.e. Chamber of Commerce, home builders, environmental, neighborhoods, etc.) and arrange to meet and discuss relevant comprehensive plan issues. c. Community Workshops - Conduct community workshops hosted by the Planning Commission in different parts of the city to encourage neighborhood participation in the development of the comprehensive plan. These meetings will be held at neighborhood schools, churches or other community facilities. d. Press Releases & Public Service Announcements - Work with the local newspapers, radio stations and televisions stations to advertise and promote significant events related to the comprehensive plan. e. Provide written articles to local media for publication. f. Establish a Speaker's Bureau through the Planning Commission which will be available to address service clubs and interested citizen groups. g. Develop a database of interested citizens and provide regular correspondence concerning the status of Plan development. h. Identify key resource personnel representing agencies and groups whose plans will be integrated into the Comprehensive Plan, including but not limited to fire districts, utilities, libraries and school districts. i. Maintain a log of all public participation meetings, events and actions that the city engages in to provide documentation on the city's effort to meet the requirements of the G MA. i \ ll 8-13-2003 2 Adopted by Council 9-23-2003 1 Introduction o m & " o L l i lA i Study or Inter Dept / P i it GOALSIPOLICIES c E d F ` egis at on ct on Plan Agency Coord r or y -j 1 LL. O Coal Create a govemmont that places a prernium on prwWing effective customer service. Policies The City should penod"Uy evaluate IP-1 programs, procodures' processes and CD Annual 17-30,19.50 Comp Plan All. CTED High other opportunities of reaching the customer service goal. Prepared pursuant to WAC 365-195-805 7 C c e L Inter t ! D GOALSIPOLICIES m o m v w E m ; ao Legislation/Action UDC Study or Plan E ep Priority Agency M Q c a' o LL O Coord Goal U .1 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies Maintain and protect the character of existing and future residential Dept LUP-11 neighborhoods through the development and enforcement of the CD 1-2 Budget Joint Planning wiCounty Tit. 17 -25 Subarea Plans All High City's land use regulation and loot planning- Protect madential areas from impacts of adjacent non-residential Zoning, Subdivision, LUP-1.2 uses and/or higher Intensity uses through the development and CD 1-2 Budget design and development Td 17 - 25 legal High enforcement of the City's land use regulations and juint planning standards Review and revL%a as necessary, existing land use regulations to Zoning, Subdivision. LUP-1.3 provide for innovation and flexibility in the design of now msklential CD 1-2 B~ t design and development Tit. 19 Legal High developments, accessory dwelling units and in-fill development. standards Zoning, Subdivision, Encourage the development of transportation routes and facilities to design and development LUP-1.4 serve residential neighborhoods. Special attention should be given PW 1-2 'IUD standards, capital facilities 22 130 Suba-area Plans CD, PW High to pedestrian circulation programming & financing mechanisms Encourage the devolopiriont of parks and the dedication of open Development Standards Parks 8 LUP-1 5 space in and adjacent to residential areas. Open space dedication CD 1 •Z Dept and financing Til- 24 22 40 RoanMaster Parks, Legal High . shall be proportionate to the sae of the development Budget mechanisms Plan Preserve site characteristics that enhance residential development (trees, bodies of water, vistas, and similar features) using site Dept Development Standards Tit. 21. LUP-1.6 planning techniques such as clustering, planned unit developments, CD 1-2 et Bud and financing 19 130. Tit Legal High transfer of development rights and let size averaging g mechanisms 25 Allow zone changes within the Law Density Residential category only when specific criteria are met Criteria may include 1) LUP-1 7 Substanturl changes within zone change area. 2) Adequate CD 1.2 Dept Loning Regulations 19.90 Legal illgti . facilities and services (e.g. sewer, water capacity). 3) Clear Budget mapping errors. 4) Consistency with densities in the vicinity ul the Fore change. Prepared pursuant to WAC 365-195-805 CL c ^ W c Inter , c >a u = Dept ! GOALSIPOLICIES im a m ro 4 c . Legistation/Action UDC Study or Plan Agency Priority -J! o F iL O Coord Goal LUG-2 Encourage a wife range of housing types and donsities commensurate with the community's needs and preferences. Policies LUP-Z1 Allow and encourage a variety of [rousing types in designated mixed CD 1-2 CD Zoning. design and 19.130,19.22 Carndor Study Legal Mad use areas especially in the City Canter area. Budget development standards 0 Use design and performance standards for residential developments to achieve Integration in commercial and mixed use developments. and design Zoning, LUP-2.2 Performance standards should locus on scale, appearance, and CD 1.2 See 2.1 rndar development eta ds Td 19 a 22 Legal Med compatibility. Encourage variations In facades and roodllnes to add character and interest to mu&famdy developments Zoning, Subdivision, Encourage the development of transportation routes and facdi ies to design and development Subarea Plans, LUP-2.3 serve residential neighborhoods. Special attention should be given PW 1.2 TBD standards, capdal facillities Tit. 17-25 Capital FaraNties CD. NW High to walking. biking and transit uses. programming & Nnarwing nUWAU Usrns Programming Residential development atould be designed to provide privacy and Dept. ept Zoning, design and LUP-2-4 common open space. Upon space areas shall be proportionate to CO 1.2 D development standards Tit 17-25 Legal. Packs Mod the size and densities of the residential development Consider apocial development techny4ues (o.g., zero lot lines, lot LUP-2 5 size averaging, and planned and developments) In single-famdy CD Zoning, design and 19.130 Legal High . areas, provided they result in resrdonbal davelopment consistent development standards with the quality and character of oxisting neighborhoods Goal Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to Investors, consumers and residents and enhance the community image and economic vitality. Policio5 Prepared pursuant to WAC 365-195-605 c m W O Inter GOALS/POUCIES C Q m u r c, c LogWationJActlon UDC Study or Plan Dept Agency Priority w -1 o F o Coord Encourage transformation of Sprague Avenue Regional/ Commundy Commercial corridor into a quality mixed-use retail area. Retail Zoning, Subdivision, dovelopmonl along the comdor, exclusive of the Cay Center, should design and development 19.220, SpraguefAppleway LUP-3.1 be concentrated at amoral intersections and designed to integrate CD i $500K standards, capital facildies 22.130, Sub-area Plan F-?W, Legal Flrgh auto, pedestrian, and transit circulation Integration of public programming b financing 22 30, Tit. 25 amenities and open space into retail and offroe development should mechanisms also be encouraged. Establish regulatory LUP-3 2 courage large bulk retailers to locate in the designated Regional CD 1-2 $500K incentives for preferred 22 30 Sprague/Appleway Legal Law . Commercial nodes around arterial intersections, locations- capital facility Sub-area Plan programming Goal LUC.4 Provide nalghbortmod and community scale retail centers for Ore City's neighborhoods. Policies LUP-4 1 Integrate retail developments into surrounding residential areas with CD 1.2 Uept Zoning, design and Tit_ 19 ii 22 Legal Mad . attention to quality design and function Budget development standards Zoning. Subdivision. LUP-4.2 Encourage pedestrian and bicycle access to neighborhood shopping PW 1-2 TUD design and development standards, capital facitdro 22.60, 22-130 Capital Facilities P CD Mod and services programming b farar►cing meclranisrns rogramming Establish regulatory LUP4 3 Encourage retail and personal services to group together within CD 1-2 Dept. Incentives for preferred 22 30. 22 130 Capital Facilities Mod . planned centers to allow for ease of pedestrian movement. Budget locations- capital facility programming 1 Programming Establish regulatory LUP4 4 Encourage mixed use residenUai and corTimercial and office development in Neighborhood Commercial designations where CD 1-2 Dept incentives for preferred 2230,22130 Legit Mad . compatib0ily with nearby uses can be demonstrated. E3udrgel locations- facility programming LUP 1 5 Ensure compatibildy between mixed-use developments and CO 1 Dept. Zoning, design and Tit- 19, 22.40 Legal Lew . - residential areas by regulating height, scale, setbacks, and buffers Budget development standards Develop community design guidelines to promote common open Neigborhoolsub- LUP4.6 space, public art, and plazas in commercial and office CO I TBD Design Guidelines TiL 22 area flans Low developments Prepared pursuant to WAC 365-195-805 C c 0 = Inter GOALS/POLICIES co roe r_ m W o, c Legislation/Action UDC Study or Plan Dept ! A 9ency Priority J O v ~ lL O COord Develop design guidelines that encourage quality design and Neigbortwolsub- LUP4.7 pedestrian and vehicle circulation in commercial, office and mined CD 1 TDD Design Guidelines Tit 22 area Plans Low use developments Develop design guidelines to encourage commercial development to Neigbortwolsub LUP-4.8 locate along the street edge (whore deemed appropriate) to provide CD 1 TED Design Gudelines area plans Low pedestrian street acrivs Identify and designate streets where on-street parking can be safety LUP-4.9 provided without unduly slowing traffic flow or jeopardising traffic PW 2 Budget 22.130 Citcu abion Plans Co Low safety LUP-4.10 May provide incentives to encourage developers to include housing in mixed-use prefects CD 22.30 Dept Budget 22.30 Legal Low Goal LUG-5 Identify appropriate tocallons for the Auto Row Overlay designat ion. Policies Identify other appropnato automobile related uses within the Auto SpraguelAppleway LUP-5.1 Row Overlay designation that are complementary to automobile dealerships CD 1 S50DK 18.420--020 Subarea Plan High LUP-5 2 Develop appropriate developincut aWndards for permitted uses CD 1 S500K 19.420. 020 SpragualAppleway lilgh . within the Auto Row Overlay designated area. Sub-area Plan Goal LUG-e Create an Idlontifiabla City Center that serves as tho social, cultural, and economic locus of the City of Spokane Valley. Policies LUP 1j 1 Defino a City Center with distinct boundaries, unique building types. CD 1 s500K Sprague/Appleway High . and spocwl features. Sub-eras Plan ue/A lewa ra S LUP-6 2 Strengthen existing connections of the City Carrier area to the CD I SSOOK p pp y g aITOD Su p High region's high capacity transit system Rovrse zoning for ~ Focus on improving the character and imago of the City Center area Co 1 $500K commerciallresidential and establish office SpraguelAppieway LUP-5.3 rough appropriate development regulations and design standards zoning, design and ment standards develo Sub-area Plan p Develop land use regulations that allow higher intensity development LUP-0.4 in the City Center Including, but not Grinned to, taker buildings. CD 1 $500K ComdorfTOD Plan High increased floor area ratios (FAR) for permitted uses. Coordinate with urban service providers to ensure sufficient capacity CD 2 $500K SpraguelAppleway PW. Legal, High LUP•6.5 ter an11eauated devak)pmcnt Subarea Plat STA. UUG Prepared pursuant to WAC 365-195-805 0 I W C Inter p m M Dept 1 GOALSIPOLICIES -o cm E m oo Legislation/Action UDC Study or Plan Agency Priority o u- O Coord Revise zoning for Allow for a variety of uses and mixed-use development within commercaallresrdenbal LUP-8 8 buildings or complexes- Ensure that mixed-use development CD 3 r,. S500K and establish office S prague1ApPIowaY I ligh , complements and enhances the character of the surrounding zoning, design and Sir-area Plan residential and commercial area development standards The City should always consider City Center sites regarding Sprague/Appieway Parks, LUP-6.7 potential vvic and cultural uses the City develops, such as a City CD 1 SWOK Sub-area Plan Library High Hall. Provide incentives to attract cultural and civic uses to the City Spragua/Appleway Parks LUP-6.8 Center over which the City does not have direct control, such as CD 1 $500K 22 30 Sub-area Plan , library f ligh libraries or recreation facilities. Develop land use regulations that encourage higher density nssidonbal uses on the periphery of the City Center area in close Capital facility 22 30 Sprague/Appieway h Hi LUP-6.9 proximity to High Capacity Transportation High density hauling M 1 S500tC programming . Sub-area Plan g should be accompanied by residentially oriented retail and service uses. LUP-6 10 Provide amenities such as community services. parks and public CO I $r00K Capital facility Facilities Plan Parks, High . spaces to meet the residential needs in the City Center programming Library LUP-8 11 Provide an effector transition between the periphery of the City CO 1 $500K 12.40 Sprague/Appleway High . Center and nearby lower density residential development Sub-area Plan Goal Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicycllsia, automobiles and integrated parking. LUG-7 Policies Improve Ualfic circulation around and through the City Center by PW 1 IUD Capital Facility 130 22 Sprague/Appfeway CD High WP-7,t extending the street network and creating smaller blocks- Programming . Sub-area Plan LUP-7.2 Encourage pedestrian and bicycle circulation by providing public sidewalks, street trees, street furniture and other amenities. PVV 1 IUD Capital Facility Programming 1 ~ Sprague/ApplewaY Sub-area Plan CD High wire clear and safe pedestrian paths to enhance the pedestrian CD t TOO Capital Facility 22 130 Sprague/Appleway CD high LUP-7.3 network Programming Sub-area Man Conr:ect the main entry of buildings to public sidewalks by an identifiable walkway. CD I TIID Design Standards 22. 130 Sprague/Appleway Sub-area Plan Private Sector High igh LUP-7.5 Allow for on-street parking on the internal City Center street network CD I THD Revise Parking Requirements 22-130 Sprague/Appleway Sub-area Plan High Sprag WAppleway LUP-7 6 Encourage transit use by improving pedestrian and bicycle linkages CD 1 THD Capital Facility 22 130 Sub-arrea/TOD I STA. PIN High . to the existing and future transit system. Programming Plan Prepared pursuant to WAC 365-195-805 0 c .92 m Inter ! GOALSIPOUCIES (M E A a Legislation/Action UDC Study or Plan Priority A 9encY J Fr. co u Coord o . Goal LU_Q& Create appropriate domlopment standards for Office designated areas. Policies LUP-0 1 Allow commercial, residonbal and recreational uses in conjunction CD 1 Dept. 19.200. 19.420.010. High . with permitted uses in Office designated areas Budget 19.500 LUP-8 2 Integrate sidewalks, bike lanes, landscaping and area fighting in CD 1 Dept 22-130, PW HIgh . office areas to provide a safe and attractive wrorlting environment Budget 21.70, 22.80 Goal LUG-9 Encourage the development of mixed use areas that foster community Identity and are designed to support pedestrian, bicycle and regional transit. Policies The characteristics of a mixed use aroa should include: 1) Housing and employment densities to support regional transit service. 2) Public transit connections. 3) Safe, attracttve transit stops and 19200, LUP-9.1 pedestrian and bicycle ways. 4) Buildings that front on wide sidewalks with attractive landscaping, benches and froquernt bus CD 1-2 Dept' Budget 18.220, 2240, 22.60, Sprague/Appleway Sub-area Plan S IA High stops 5) Mulb-story bWWings oriented to the street ratter than 22.130 parking lots 6) Parking space located behind or to the side of buildings or in parking structures. The mix of land uses allowed in either the Condor Mixed Use or Mixed Use Center designation should include; 1) A variety of housing types including apartments, condominiums, townhouses, two-family and single family on small lots 2) A full range of retail LUP-9.2 goods and services incudtng grocery stores, theateralontortainment, restaurants, personal sorvlms and specialty shops 3) Publiclquasr- CO 1-3 Budget 19,200, 10.220, Sprague/Appi way Sub-area Plan STA High public uses and/or open space 4) Professional Office and other 19.5W employment oriented uses 5) Commercial uses that require large land areas, but have low employment density and are auto-onented such as lumber yards, plant nurseries, warehouses, auto dealerships should be prohibited from eitter Mixon Use category. Goat Prepared pursuant to WAC 365-195-805 - CL U c Inter ai Dept / Priority GOALSIPOUCIES v E 9 Legislation/Actlon UDC Study or Plan A enc Coord u - O -J o LUG-10 Provide for the development of urea-planned industrial areas and ensure the long-term holding of appropriate land in parcel slew adequate to allow for future development as industrial uses Policies LUP-10.1 Plan capital facility expenditums to assist the development of tands CC Ongoing TBD 22 30 Capital Facility Programming PW, Utilities, SpoC Low designated for industrial uses. LUP-10.2 Encourage a drverse array of indusUlos to locato in Spokane Valley CD 1 TBD 19.300 Marketing Plan EDC, Chamber 777? LUP-10.3 Encourage shared-use parkin pedestrian access and transit incentive programs In industnal development projects. CD 1 2 Dept. Budget Establish zoning. design development standards 22.130, 22-130.22,30 High Goal LUG-11 A variety of strategically located heavy mdustrial areas should be designat ed and protected from conflicting land uses. Policies Commercial, residential and recreational uses should be limited or LUP-11 1 not allowed in areas designated for industry, except for small-sole CD t Dept 19.500 High . ancillary commercial and recreational uses intended to pnrnaritf Budget serve the industrial area- LUP-11 2 Conversion of designated Industrial lands to other uses should be CD 1 Dept 1950 High strictly limited to onsure an adequato land supply Budget LUP 11 J Provide appropriate buffenn , landscaping and other development CD 1 Dept 2240, 22.130, High - . standards for industrial areas. Budge! 2270 LUP-11.4 Retail oullots shall be allowed for mdustnal bus*essus Thal manufacture and/or assemble products on-site CD t Dept Budget 19.500 h Goat LUG-12 Designate and protect a variety of strategically located light industry areas. Policies Commercial, residential and recrawKwal uses shall be binned or not 1 LUP-12 allowed in area designated for Hght industry except for small-scale GD 1-2 Dept 19 500 High . ancillary commercial and recreational uses primarily to serve the Budget industrial area Light industry areas shall include Mghbng, sidewalks, bike lanes and CD t •2 Dept 21.130. High LUP-12.2 landscaping to provide a safe and attractive working environment Budget 22-70.22.130 LUP-12.3 Retail outlets shall be allowed for industrial businesses that manufacture and/or assemble products on-alto CD 1 Dept Budget I U.500 High 7Goal Prepared pursuant to WAC 365-195-805 z C inter GOALSIPOL LIES ID r- rn C M rn m 2 LegislationlAction UDC Study or Pura Dept A Priority Z a - . gency C) k- P- . z 0 CO-Ord Develop and rinoirrtaln on afTiciant„ tinwly and prudir;Lable tloveio pr1 em reviewer praccaa. Policies Maximiza efficiancy of the deveWprnonl reVrew process by Dept. LUP-13.1 writtrtuouWyevaLuating they porrmtting press and rnadifyrng e, appruprsiale. CD Ongoing Budget Reviw Poomrl Pluceoures V),50 Higli Assist davelr pars with propasaks by ewntinuing fo otter pte LUP-1a.2 appliczlion maeUng:s In order to praduce prajects that VIII be CG Onrgolnh Budget RowLso Pairnil Piocadures ITAO Hugh ravlewridofhe~rsntty. Goals LUG,14 Improve the appearance and turwAwri of ilia trout rinvuotme rit Policies Use performance and wrnniwiity ii egn mandards to maintam 1 LtJ p f4 rieiUhborhoDd chiamciei, achieve a greater raNea of bousing options- Cry aepl. Tit 1g&.." C4arnter, High - and to create erttnict ve< and desirable currimerrial and office O udgal c ovethoprinanls. Adopt ,poaFie requlahons tar designated aesthetic corridors that 1) PTuvide incentives for a lltotic design 2) liiquire hac► he opmg home sign regWations buffers adjacent to roaowaya 3) 1-m-nit sign height and size A) € (Part 2y ROVE w 22'-110, LUP-14.2 Provide per}ormitrice st8 ard4 to adoqusLely scream inlensive Wrid CO 1-2 B dg lundwapinp mqulfen rils 22-80, 22.60. Chaaeriber IiigIt uses thal hffve eiderlor cJuttot surfs as outdoor slvraga, exterior and modlly re¢ulatlem 22A0 heavy equipmorit andler extorltrr fatirlratiorvassembly 5) PF13hibil eelal>ing to outdoor 5tor off•prorniw signage and Wboards. I Establish standards, tot ttv la and Irilensity of raimme:rraW, retail LUIR-54.3 acid industrial sigrtoge that prolecd views and minvnl2m signage CD gngoong Bvdgel Revhae sign re>gulallom 22 110 Cilwkber [Medium clutfor while afluwinq adequate tYUsouw identification !TEMP'-1+4.4 L-311a alish a 'cap and teplace° wjztem fur ti ttuailds. Ca to l3rrpt t3udget Update sign regulations 22.110 Clutd"r adwi-1ising Medlixi industry LUP 14, 5 Designate awll'mhu corridors aiang MQjor tranaparta n routes to CCD 0 UpOto sign regu';ationrt 22-110 Sign Industr Miedit" prtawride a tOu111VO Lmogo or Spokane VaI", y GC015 LL G,45 Identify and protect archeol-oglcal and histoOr-sites and structures. Policies Prepared pursuarit to VVAC 355-195-BOS CL 471 M 4 Inter C]d4 SlP4LfCIPS €3 b r w Louis lationlAction UDC Study or Plan Dept I Priority Agency E 0 COON ~ CQrtFnuatly duntity and aavaluate t3rcl-Lac elog"'I and hiali}rie sdies to rlelt3rrnine; whid:Fa stid3uhS be prasFSrv~ed CL) Dept 3 t3udgdat EtAublish a landmark board M Iraw~arrlryty poter7uat L+histoi 113.60, 19 +410 arohoologlca Museum, Low SHi;Q . it Pr~p~Rit~9 i Camprehensnre fLUP-15.2 Link oilLural resdaurrae lomservon with local ecuflorrili. +iovi°1opmQn.t GU Deapk 3 Llud t Marketing Study 1,0W atrat~glos. LDP 1.3 Establish and mn ailzia rorztian5 with pismire Arrrerti~aai ljrber for [tie L7r9pt Invenlory potenl4al 1-UPI 15,3 preservation of airchwul eg:cal 5ites and iradiilanal cuttww DD Ongoing L9dr09 et tD.41 D archaeliogicalihiMoi Tripes High properties- IC ptapediaeS Caoal - LUG- pallp ias Provide for a street system that connor:ts nakU hborho*". - F-ndouragea now dev(.-IGgrri+3nls, inrl ading mullgamily praioet5, to be d d Naighbed4lavd?Sub 22 13U UD High LUP-16.7 arrardigprt in a pataam of Dann tIttig stieats and 131=5 tQ a41Qw FLV il TDD ar Update street :stan s ardaa f"taana people fa gat around aasaty by font, bluyda. bees oe car. 1.4fF'=14,2 Develop Street, ped"man palfr and bike path standards that ule f f ll di d F W [2epl. Budget Capttai Faciliues Programming 22 13o CD High :5 u y conne a ro crantrdbute to a sy.51ein o LUP- 7 G.3 Require adedauate emwgeriey rsvacuatian routes PFIQr ttp appraving CD 1 5 Dept d B t l~a+deloprne~nt StandaFds 11 % 3611 Hazard fUtrtigatwn Plan HIgb new davelownent or iodoyelopment. u ge Goal LUG 17 The Clty of Spokane Valicy should aonlletiua to coordinate with Spukadac County and ne i9ft urine cities for ad3arant urban growth arsaw, P941r.lin s The City should wordinate web Sp7ukarw Oounly to ensure upfu®priste sraivIc u prowision and lonrl dovrrl4pri-Lent prior to Cdy an.nexatlon. Methods iQ allow For coordination my inciude, but are tiol Iirnitead to, execution of an interlocW agreement belween the Gity Jvleit Planning Capital laudities L1JF-17.1 of Spokane VaMy and prkaoe County to - Ealadrlisti CG Agremiierits, Capital 19.65. Tit 2',1 1 rmpranunirag Legal guide pries foe devoJopment plan mvww, Impaol fogs and EPA Fadl.tes pFograrriniInQ drullrgation; and Define 5ervjw dolivesry rosjKmEs bililpes, level fff sarvie-a standards and capital farafty implemonlataon LonSlSte;:ir with the g".s and polrraes of tries Platt Thrraurdh epgim ial planning eric AB. tFis Uty an0 emily chuuld LUP-17.2 an5ure that plann Ing IS compatible with the driller of Slwkaarr and I CU 19.6135, TiL 21 Lborty Loki Prepared pursuaraf to WIC 365-195-805 a C ca a Inter D GOALSIPOLICIES E m A a Legislation/Action UDC Study or Plan ept Priority Agency o ~ O Coord The City should continue coordinated ptannksg efforts between LUP-t7 3 Spokane County, appropriate rue dlsblcts, school districts and water Co service providers to assure managod growth in urban growth areas. Prepared pursuant to WAC 365-195-805 3 7ir~n>~tootrtntiten =r'"'!- - , , o ^ _ c GOALSlPOLICIES O $a w c E m LegislationlAction UDC Study or Plan Inter Dept ! Agency Coord Priority o J O Goal TG-1 Establish appropriate design standards for transportation facilities. Policies Street design should provide for connectivity between Dept Neighborhood/ sub TP-1.1 residential neighborhoods, collectors and arterials PW 1-2 Budget 22 130 area plans CD High Discourage cut-through traffic Devulop access management standards for each functional TP-1 2 classification of roadway. Work to consolidate or remove P V1l 1-2 Dept. . t3U 22 CD High, . existing access points when a roadway does not meet Budget appropriate standards. Goal TG-2 Ensure that roadway systems are designed to preserve and are consistent with community character. Policies TP-2.1 Street dosign should complement adjacent development PW 1.2 BDept 22 130 Neighborhood/ plans sub CD Hair Discourage private roads as a principal means of access to TP-2.2 developments Private roads should be designed and PW 1.2 Budget 22130 CD Hrgr constructed to public street standards. Encourage landscaping, street lighting and beautrficabon in TP-2.3 the design standards for local access streets, collectors and CD 1-2 Budget 222.70 CD High artenals Goal TG-3 Improve local circulation and emergency access consistent with community character and safety. Policies TP~ 1 As funding allows. bring unimproved and rural cross sections I'W Ongoing TBD Capital Facilities .130 22 Neighborhood! sub Medium . up to adopted street standards. Programming area plans TPa 2 As funding allows. make intersection improvements and PW 01~ Tf3D Capital Fadlities 22 130 Neighbothood/ sub t{i gr, increase storage capacity where appropriate. Programming area Plans Goal TG-4 Minimize the negative Impact from transportation systems on the natural environment. air quality, noise levels and fuel consumption. j Policies Prepared pursuant to WAC 365-195-805 S _C GOALSIPOLICiES r3 g E T O 2 LegislatiordAction UDC Study or Plan Dept Ag aey Coord Prlorth ~v J Restrict high-speed traffic from residential neighborhoods and Capital Facilities TP-4.1 utilize traffic calming strategies to reduce vehicular speeds PW Ongoing TBD Programming 22 130 Neighborhoodl s High where appropriate lans area p TP-4 2 Comploto local traffic circulation plans for areas experiencing PIN 1 TUD High . new devetopirienl. Goal TG-5 Extend the functional life of the existing transportation system and i ncrease its safe and efficient operation through ilea application of TSM strategies. Policies Implement traffic signal spichron"tion projects as the TP-6 1 prlmary component of a TSM program. Ass funding permits, F'VY ~w3oln9 THO Capital Facilities SRTC. STA High . monitoring of traffic operation should be tamed out to assure Programming eftiraent timing of UZffnc signals- Use Access Management measures, such as ptaong TP-5.2 rest irtions on left turns across major arterial streets to PW Ongoing T13D Revise Street Standards 22 130 PD, CD High reduce accident rates and extend capacity of major arlanals. Goal 1Q& Encourage all Commute Trip Reduction affected and voluntary employers in Spokane Valley to achieve tim CTR Act travel reduction goats. Policies Encourage car- and van-poolu►g. telecornrnuting, flexible woAc TP-6.1 schedules and other strategies Identified in Me CTR to Admin Ongoing Budget SVMC 10.20.210 of seq. Low reduce overall travel demand Goal Z~r 7 Provide tar safe and efficient freight mobility. Policies Discourage development of luw-density residential Dept' Zrrnir►g develaprnenl TP-7.1 development m close proxxmty to designated freight corridors CO Ongoing et Bud standards Tit- 19 Low and intermodal tmght lauhlios. g 2 TP-7 Designate appropriate truck routes in tM City of Spokane, CD Ongouig Dept Designate routes by 22 130 SRTC. VW LIM . Valley Budget ordinance TP-7 3 Design designated freight corridors to improve traffic flow and PW Ongoing Dept- Capital Fatalities 22 130 Low . freight moWly Budget Programming Goal Adapt street and roadway design and facilities to manage traffic demand, address On named for freight movement. resolve traffic conflicts and complement land use TG-8 and urban features. Policies Prepared pursuant to WAC 365-195-305 GOALSIPOLICIES c a o _ c c a Legisladon/Acdon UDC Study or Plan Inter Dept 1 Priority I E Agency Coord V y Jo TP-0 1 Use the city's transportation system and Infrastructure to CDIPW 1-2 Dept 22 130 High support desired Land uses and development patlems. Budget Allow for variety of services within neighborhoods that are TP-8.2 convenient to and meet the Hoods of neighborhood residents, CD 1-2 Budget TIL 19 Med decreasing the need for driving. Goal Enhance community livability and vanspoAadon by encouraging a connected system of pedestrian and bicycle ways fleet Is Integrated into a coordinated regloaal $ network. Policies Encourage nw-motonzed improvements which minimize tlro need for residents to use motorized modes by providing: 1) Revise Street Standards. access to activity centers. 2) linkage to transit, park b ride development rogulations Aftematnre TP-9 1 lots and school bus routes: and 3) designating a network of CD/PW 5 THD 6 capital facilities 22-130 TranspodatioN SRTC, CD. PW. Low . streets that can safely and efficiently accommodate brcycdos programming - establish Trail Plan Packs and coordinate developmont of the non-motorizod system school access as priority with surrounding jurisdictions and regional system extensions route TP-9 2 Provide sidewalks on both sides of all arterial streets as PW Ongoing TBD Capital Facilities 22.130 I bgl. . funding atlows Programming Incorporate pedestrian and bicycle features as design CD 2 TBD Td 19, Sprague/Appleway High TP-9.3 elements In the City Center. 22 130 Sub-area Plan Work with other agencies, particularly rotating to regionally Alternative TP-9.4 stgndicant facilities to pursue funding for pedestnan and PW Ongoing TBD I ransiportahonl Parks High bicyclo facilities Trail Plan TP-9 5 Ensure sidewalks. shared use paths and bike lanes am safe, PW Ongoing Tiansp. MUCTD 22.130 High . dearly marked and well maintained CIP TP-9 8 Include bicycle facildie where practical along artenal NW Ongoing Tramp. Capital Faulities Parks, CD High . roadways. CIP Programming _ TP-9.7 Include convenient and secure bicycle parking at major CD 5 ' Capital Facilities Parks. STA Low destinations and at transportation centers Programming Include pedestrian friendly facilities such as sidewalks In city TP 9 8 street reconstruction and improvement pro)eM, and requite PW Ongoing Transp. Capital Facilities 22 130 11; il' pedestnan-friendly facilities such as sidewalks in all new development- CIP Programming Prepared pursuant to WAC 365-195-805 o _ c GOALSIPOLICIES is & E IT a 12 & Legislation/Action UDC Study or Plan Dept I Inter Priority Vt i=ce z O o J TP-9.9 Reduce obstruutions and conflicts between brcycle/pedestnan PW Ongoing Transp 22.130 Facility Plan High facilities and vehicular transportation routes. CIP TP-9.10 Develop street, pedestrian path and bike path standards that PW/Park Ongoing Transp 22.110 CD High contribute to a system of fully connected routes. s CIP Goals T(-10 Support the provision of a safe, efficient and cost-effective public transportat ion system. jQ:11 Encourage land uses that will support a high-capacity transportation system. Policies Zoning, Subdivision, Ensure that street standards, land uses and budding " udt design and development TP-10.1 placement support U►e facilibes and services needed along CD Ongoing Budget standards, capital facilities 22 ~ 03 STA, CD Med transit routes to make transit viable. programming Q financing mochanisma Work with STA to ensure that transit sholters, bus benches TP-10.2 and other amenities that support transit use are provided In CD Ongoing Budget 22.110 Corridor Plan STA/PW Mod appropriate locations for users of the system. TP-10'3 Support the conbnuud planning and development of a high capacity transit system ,PW GD Ongoing Dept Budget TOD Pfau STA High TP-10 4 Work with STA In planning and developing tars pull-out bays CDIPW Ongoing Transp. Capital Facilities 22.130 STA, PW low . on the tar side of intersections. CIP Programming TP-10 5 Neighborhood businesses areas should bo servod by transit CO Ongoing Dept STA Mecl . consistent with the Transportation Element Budget Goal lam Support the expansion of gerwrai aviation and freight uses at Felts Field M accordance with tho approved Airport Mastw Plan Policies TP-1/ 1 Encourage the full development and utilfmhon of airport CD 1 Dept Td. 19, 19.420. Abport Master Plan Spn, Spoco, Airport Board, High properties at Felts Field. Budget 030 SRTC TP-11 2 Encourage the development of commensal, educational and CD 1 Dept SCCC High . logistical support industry in close proximity to the airport. Budget Prepared pursuant to WAC 365-195-805 GOALSIPOUCIES c g c Le islationfAction UDC Study or Plan Inter yCprd Priority p g da J LLO Goal TG-12 Encourage land use and development compatible with air port uses and regulated airspace. Policies TP-12.1 Enforce regulations protecting airspace from encroach nefit. CD Done Dept Budget Aaptvt Hazard Regulations 19 420 030 Spokane, C Ai S t WA rpor po o. TP-122 Discourage incompatible land uses and residential densities CU Dune Airport Harm' 19.420. Board. WSDOT WA adjacent to the airport. Regulations 030 Goal TG-13 Support and encourage the continued viaWlity, of the passenger and freight rail system in the region. Policies TP-13.1 Participate with other lunndiciions to facilitate sale and CD/!'Y1f ~90~ Dept- Railroads, oCo SRTC S High efficient rod systems Budget p Support the `Bridging the Vaky' protect to roduce the TP-13 2 number of al-grade railroad crossings in the City of Spokane CD/PW Ongoing Dept Capital Facdity SpaGo, SRTC High . Valley and to reduce the adverse noise amoG on adjawnt Budget Programming Railroads prapertles of railroad operations TP-13 3 Discourage incompatible land uses and residential densities Cu Ongoing DepL Toning, Subdivision, design and development f Tit 19 High . along rod corridors. Budget standards Goal TG-14 Cooperate with pipeline operators to maintain safe operating conditions at intermodal facilities and along pipeline easements. Policies 1 TP-14 Establish guidelines for the development! rodovelopment of CD i Dept- 19.420 Higi . properties adjacent to pipeline corridors. Budget 040 TP-142 Develop regulations governing the use, handling and I CD 1 Dopt H h transportalion of pipeline products. Budget Hazard Mitigation Evaluate the need for designation of hazardous cargo routes Plan Emergency TP-14 3 associated with pipeline products as well as other hazardous materials CU 1 Bit Response Flan SRTC, L PC High 4 TP-14 Include provisions Hazard Mitigation Plan for mitigation of CD 1 Dept. LEPC, FD, PD Hugh . and rosponse to product leakage, spillage and expioiwon. Budget Goal Encourage improved intetmodal connections to facilitate freight movements in and between strategic commercial and Industrial locations, and provide mode TG 15 choice to citizons and businesses. Prepared pursuant to WAC 365-195-805 OAMPOLIMES O T U a < OI F o C O eyistatioNActlon DC tudy or Plan gon Cooord riority y LL O Policies 5.1 Remove obstructions and conflicts between roadway PW ~o8 Dept. Same as TP 9 9 22.130 Facility Plan PD, CD High condors and bigrclelpodestrianAransit modes Budget rTP 5.2 Ehcuurage height intensive operations to locate alon0 Cp Ongoing Dept Td. i!l High d "nated truck routes and rnlermodal terminals Budget Pavement 1'P-15 3 Evaluate the need for public Improvements, rncentrms and PW ? Dept. Capital Fadlities Management SRTC High regulation to iriarease tnlcrrrrodal nuidrty. Budget Programming Signal Irite rconnecLvdy Prepared pursuant to WAC 365-195-805 A- - - -C2 6-1til WiAl ffiliile LSlPO I IES G 0 o° CO islatioNAction Lo UDC Study or Inter Dept I Agency Priority OA L C t7 E ro eA g Plan q 1, LL .0 Coord J Goal Provide taciiitles and services that the City can most effectively deliver. and contract or franchise for those facilities and services that the City determines can best be CFri 1 provided by a spacial district. other Jurisdiction. or the private sector. Policies CFP-1 1 Review plans of service prowders within Spokane Valley to CD. PV1f Ongoing Dept 22 t•t All High . determine consistency with the SVCP- Budget CFP-12 The City should seek a balance between the quality and cost of City Mg-r Ongourg Dept- Budget All High providing public facilities and services Budget CFP-1 3 Optimize the use of existing public famlilies and promote ordorty CD, PW Ongoing Dept- All High . compact urban growllr Budget 4 CFP-1 Coordinate the construction of public infrastructure with private f'W Or o Dept- All Hi . development to minimize costs whenever practicable and freasible. Budget Goal CFG-2 Adopt and Implement a Capital Facilities Plan to ensure public facilities and services meet Level of Service Standard s. Policies CFP-2.1 Facilities and services shall meet the following minimum Level of Seivsu standards fligh Water CD Ongoing BDepptt 22.20 Onstrict Wastewater CO Ongoing BDept dget 22.20 SpoCo Transpurtat,un PW Ongoing pepu Budget 22-20 Stomwaler PW Ongoing Dept- Budget 2220 Law Enforcement I'U Ongoing Dept. Budget f arcs Palk Or gof Dept Budget Prepared pursuant to WAC 365-155.805 t c GOALBB)OUCIES TL Z~ s 0 o islaUmVAction Lo UDC Study Inter Dept I Agency Priority i on ,10 E F g Plan C ord o a J .0 O o Ubtanes CD Ongoing Dept BLKkW District Solid Waste CO Ongoing Dept- Budget Regional Tier u NPD1=S Street Cleaning PW Ongoing Dept- Budget Stomnwaler Managemen t Plan Public Transit (D Ongoing ~t STA Fire and EMS VFD Ongoing Dept Budget VI-D Public Schools CD Ongoing Dept. Budget EV. WV. CV Review water and rawer plans to determine consistency with Capdal Facmies CFP-2-2 anticipated population growth, future land uses, comprehensive plan CD Ongoing Budget Programming 22.24 X Nigh land use policies and development regulairons CFP-2.3 Planned expenditures for capital improvements shall not exceed estarnated revenues. CM Ongoing Div. Budget Annual Budget High It adopted loves of service standards cannot be maintained, the City Dept Comp Plan CFP-2.4 shall increase funding, reduce level of service standards or reassess CD. PW Ongoing Budget Amendment Camp Plan High the Land Use Element Goal CF Provide police protection efficiently and cost effectively to Spokane Valley residents. Coordinate with fire districts to ensure adequate fire protection and emergency services for Spokane Valley citlmrrs. Policies Encourage inter-jurisdictional cooperation among law enforcement Dept Hazard CFP-3.1 agancles and fire districts to further develop, where practical, shared Police Ongoing Budget Mitigation F im hMed seance and facility use. Plan Develop a comprehensive emergency management plan that meets Dept Facli tles d Fire CFP-3.2 the needs of the City and coordinates with regional emergency Polito Ongoing Bud et Communicat DEM Met1 plannuHl efforts g ions Plan . Prepared pursuant to WAC 365-195-805 a r w i DC Study or Inter Dept ! A enc Priorit GOALSIPOLICIES E m a Lagistation/Act on U Plan g y y LL O Coord CFP-3.3 Regui,-. adequate emergency vehicle road access and water CDIPW 1-2 Dept. t B d Wildfire Interface Regulations- Revise 22.130 Hazard ation Miti Fire Districts, Utilit High supply/prossure for new development within the City. u ge Street standards g , y Encourage property owners to create a defensible space between Dept. Wildfire Interface Hazard CFP-3.4 structure and adjacent fuels and require that fire rated roofing CD Ongoing Budget Regulations Mitsgatson, Fire Districts High matenals are used on buildings in brested areas. Goal 4FG Plans for water and sower service should be consistent with the SVCP. Policies Sewer and water planning should be consistent with anticipated District CFP4.1 population growth, future land usoa, comprehensive plan land use CD Ongumg Budget 22-20 Plans Districts Med policies and development regulations. CFP 4 2 Coordinate sower planning with appropnato jurisdictions for VW Ongoing Dept 22 20 Regional SpoCo, CD High . consistency with the SVCP Budget Support continued planning for domestic water needs in partnership Omtnets, with sealer purveyors. Uie Joint Aquifer Board, Washington State CD Ongoirng Dept 2220 JAPB, High CFP4.3 Department of Health and the Washington Stato Department of Budget SRHD & l Ecology. Eco ogy Districts CFP-4.4 Encourage public and pnvare offorts to conserve water CD. VW Ongoing Budget 22 M WRIA , JAPE b Ecology High Discourage now, private domestic wells within the Spokane Valley CD 1-2 Dept. 22.140 Districts Mad CFP4.6 City limits. Budget CFP-4.6 Now development must conned to public sewer and water. CD, PW 1 Dept. Budget 22.140 Districts. Spoco High Goal CFG-6 Promote the reduction, reuse and recycling of solid waste Policies CFP-6 1 Establish a City Hall recycling program to present a positive Admin . I Gen. All High . example of crvoc and environmental responsibility Budget Prepared pursuant to WAC 365-195-805 GOALSJPOL ICIES t' o° m o o LeglsiatiornfAction UDC SP a Inter Dept I Agency Priority E l n Coord O Sporn CFP 6 2 Participate in updates to the Spokane County Comprehensive Solid CD Ongoing Dept• Evaluate regional collection contract a Comprehen &Iva Solid Spokane Med Waste Management plan and support Its irnpiemenlabon Budget renewal Waste Maruegemen t Plan Goal Ensure the provision of slonnwater facilities and related management programs that protoct surface and groundwater quality prevent chronic flooding from CFG- b stormwater, maintain natural stream hydrology and protect aquatic resources. Policies CFP-6.1 Require stonmwator management systems for new dovelopmenl PW 0 Dept. Budget 22 150 Eastern Mod Create and implement a stormwater management plan to reduce PW 2 Dept 22 150 Washington Med CFP~.2 impacts from urban runoff. Budget Stormwater CFP-6 3 Best management practices to treat stormwaler runoff prior to l,W Ongoing Dept. 22.150, Manual MW . absorption of runoff into the ground Budget 22 110 Now development should klckrde the multiple use of facilities, such Dept 2 ' CFP-6.4 as the Integrateon of stormwater facilities with recreation and/or open PW Ongoing Budget 2 50 CD, Parks Mad space anoas, when possible. CFP-6.5 Encourage the use of alternatives to impervious surfaces PW Ongoing Budget W 22.130 Mad Goal CFG-7 Promote efficient and cost effective library service to Spokane Valley resi dents. Policies CFP-7 1 Encourage continued free, reciprocal library wrvnxrs among all Admin. Ongoing Dept Library District Low . hbranes within the Spokane region. Budget CFP-7 2 Land use regulations should allow siting of library facliilus in CD 1-1 Dept. Tit 19 Mod . locations conveniant to residential areas Budget Work cotiaborairvety with the Spokane County Library District to Admin Dept_ Library CFP-7.3 develop long-range library plans consistent wth the Comprehensive , CD Ongoing Budget Library Plan DbUict, Low Phan. SpoCo Goal CFG- I School sites and facilities should meet the education needs of Spokane Valley citimns. Policies Prepared pursuant to WAC 365-195-805 GOALSIPOLICIES fl r a m F C o a Loglslation/Action UDC Study or Infer Dept I Agency Priority Plan 0 a o P Z a O Coord J CFP-0 1 Develop land use designations that allow new schools where they CD 1-2 Dept regulations for Tit. 19, EV, WV, CV Mad . will best serve the community Budget 10 5tO CFP-0.2 Consider the adequacy of school facilities when reviewing new CD Ongoing Dept 14.65 EV, VW, CV hied residential development- Budget CFP-8.3 Assist school districts in Itwu ptannutg processes CD Ongoing Dept Budget EV, VW. CV Mod Goal CFQJ New development shall be served with adequate facilities and services at the time of development or within the timeframe consistent with state law. Policies Implenwnt a concurrency management system for tranportalion. CD PW I Dupl. 22-20 High CFP-9.1 water and sewer facilities Budget Goal fF(L1Q Consider a variety of n venue sources and funding mechanisms Including, but not thnltsd to, Impact fees Policies 0 Year CFP-10.1 Identify and pursue sources of revenue for financing public facilities Finance Ongoing Budget financial All High Plan Growth related anpact fees a) Shall only be imposed tot system improvements that are reasonably related to the now development, b) Shag not exceed a proportionate share of the oasts of system CD Ongoing THD Tit 25 Impact Fee Low CFP-10.2 Improvements that are reasonably related to the row development; Study and, c) Shag be used for system rmpromments that will reasonably benefit the new development- Goal CFG-11 Collaborate with all Spokane County jurisdictions in dotermining the best locations for public and private easentlal public facilities. Policies Follow the process for siting essential public facildes as set forth in Dept Incorporate Regional CFP-11.1 the Simone G:.ur7ty l:cyivrrrr! S+fNry f'roCO.a lor[ssenUal Putrlx CD Ongoing Budget Siting Puhcy provisions 19 400 X Low F uu1),4e:-: u► SVUDC Prepared pursuant to WAC 365-195-805 ComprehenalVe Plan IM plerhonu o1t.-Reftilk GOALSIPOUCIES CL M co ~ ~ E 4 0 c`a L.egislatlon/Actlon UDC Study or Plan Inter Dept / Coord A Priority gency iz O o Goal HG-1 Encourage diversity in design to meet the housing needs of residents of the communit and region. HP-1 1 Consider the economic impact of development regulations on the CD Onyrung Dept. Medium . cost of housing Budget Development & Design ;streamline the development review process and strive to eliminate CD Ongiong Dept. standards and processes Tit 24 All High HP-1 2 unnecessary time delays and expenses Hudget Establish development regulations and incentives for greater Dept, HP-11.3 diversity of housing types, costs and designs, that may include CO 2 Budget 22 ~0 high bonus incentives, clustering, and transfer of development rights. Encourage mixed-use fosidentiatfcornmerciat development in 2 1 t. ud Td. 19, High HP-1.4 designated amiss throughout the City with the use of developer CO - t dgo Bu 22.30 incentives and design standards. Encourage the development of three- and four-bodroom rental units Dept. Tit. 18. HP-1.5 along transit corridors and within walking distance of schools and recreational facilities. CD 2 Budget 22.30 NsHS, SNAP Medium Ercourage the dovelopment of housing for sonlonr and other special ' SNAP m di M HP-1.6 populations along transit corridors and within walking drstance of CD l Budget 22 30 NsHS, u e shopping and medal facilities Goal G-2 Encourage the use of affordable housing Initiatives of roghommat nizations with a record of providing safe and afford able housing. Policies HP-2.1 Encourage ft appropriate siting of pubbc housing programs. CD I Budget Tit. 19, 22 30 5poco Consolidated NsHS, SNAP High . Plan SpoCo NsHS, SNAP. HP-2 2 Target appropnate resources in identified low income areas CD 1 Dept Capital Facility Consolidated ated BG . identified by the U.S. Census Bureau Budget Programming Consortium Cs Encourage home-uwnafship initiatives, which could include housing CO 1 Dept. SpoCo Consolidated NaHS, SNSNAP. S, HP-23 cooperatives and lease purchase ownership. Budget Plan Consortium SpoCo 4 HP 2 Encourage the activities of affordable housing providers whore CD 1 Dept Consolidated NsHS. SNAP 7 - . appropriate- Budget Plan Prepared pursuant to WAC 365-195-805 p m W C Inter Dept I GOALSIPOUCIES w a E c a C Legislation/Action UDC Study or Plan Agency Coord Priority rv J O F v p O Eriwurage the reforrat services of appropnato agencies In assisting Council 0 Dept NsKS, SNAP 7 HP-2.5 individuals and families or modest means Budget Encourage new affordable housmg within on"uart+er mib of Uansit CD t ~ 22.3 NsHS, SNAP HP-2.6 comdor. t Goal Encourage meeting the housing needs of special populations Includin the elderly, mentally ill, victims of domestic abuse, rsons with debililative conditions or n juries, Policies Assist local service orgam"lions and seal-help groups to obtain CD Dept Community High HP-3.1 funding that supports HG-3 t Budget Center NsiIS, SNAP, Ensure that access to special needs housing is provided in a CD I Dept Fair Housing roqulations CDS I high HP-3 2 manner consistent wdlr Fair Housing laws. Budget Consorbum 5poCo NsFtS, SNAP, Coordinate City actions with local agencies and shelter piuviders to CD t Dept Consolidated CDBG tow HP-3.3 address homelessness. Burlgot Plan Consortium HP-3.4 Make periodic assessment of housing needs CD 1 Dept Budget Nsl1S. SNAP Medium Encourage the location of new facilities for the special populatiuns CO i Dept Tit_ 19, Flign HP-3.5 identified above within ore-quarter mile of transit corridors Budget 2230 Prepared pursuant to WAC 365-195-805 GOALSIPOUCIES a r C A O Z3 c a°r Legislation/Action UDC Study or Plan Inter Dept I Priority a ` M b Agency Coord m J O Goal PUG-1 Work with utility providers to allow them to provide service in a way that balances cost-effectiveness witty envtro imentat protection. aesthetic impact, public salary, and public health. PUG-2 Process permits for utility facilities efficiently and expeditiously, in accordance with franchise agreements, develo nt regulations, the SVCP, and adopted codes. PUG-3 Ensure that development regulations are consistent with ublic service obligations imposed upon utilities federal and Mate law. Policies I The City's right-of-way permitting process should not apt' Revise SVMC Provisions Regional PUP-3.1 unnecessarily delay the expansion or improvement of the PW Ongoing Budget in conflict vd Regional Pavement Cut CD High utility network. policy Policy Promote joint planning and ooordinabon of public and private PUP-3 2 utility activities by providing trney notice to affected private P1N Ongoing Dept- Joint Planning 22 1A0 UIIUIies High . and public utilities of City construction ptojects. Including the Budget Agreements mabntoriance and repair of existing roads. Promote the co-location of new utility banwritswri. distribution and communication facilities when consistent with PUP-3 3 industry practices, Department of Transportation requirements CD/11W 2 Dept- 22.120 WDOT Med . and building and electrical codes (Examples of facilities that Budget may be shared are trenches, rights-of-way, lowers, poles and antennas) The City will encourage the devolopmont of Citywide 4 PUP-3 communication networks. usJng the most advanced Admin. Ongoing Dept Low . technology available, to increase internal and external connectivity. Budget based upon applicable wVulatlurts, the City should require the under grounding of utility distribution lines In new subdivisions. PUP-3.5 The City should encourage under grounding of utifity CD 2 Budg t 22.140 Ulilwas Mod distribution fines in new construction and significantly roconstructed facilities, consistent with all applicable taws Prepared pursuant to WAC 365-195-BO5 o c 0 GOALSIPOUCIF3 s. is C a E a !4 c Co. LogistationlAction UDC Study or Plan gotnc Priority C A < ~b a e J LL O Based upon applicable regulabons, the City should work with utilities and the appropriate entities in preparing a plan for PUP 3 8 under-grounding utilities in areas whore their visual impact is CD Dept. 22140 Implementation d~tres Ut Mod - . critical to unprovrng the appearance of the City, such as the Budget plan City Cantor, Sprague Avenue and identified aesthetic corridors. The City should work with utility providersappropriate entities PUP-3 7 to prepare a right-of-way vegetation plans to ensure that the CD 4 Dept. Laridscapeiscreeningregut 22.80 Utilities Low . needs of landscaping and screening are balanced with the Budget allons need to prevent power outages negative impacts to utilities. Require the placement of callutar facilities, substations and PUP- 3 8 antennas in a manner that minimizes adverse impacI3 on CD 2 ~ Development Regulations 22 120 Utilities Low . adjacent land uses and ulilizes existing structures where feasible Budget PUP-3 9 Coordinate with utility providers to ensure that sizing, locating 7 Ongoing Dept. 22 140 Utilities Mod . and pha" of utility systems are consistent with the SVCP. Budget The City and utilities should be encouraged to develop an Dept PUP 3.10 integrated Geographic Information System (GIS) to better CD Ongoing Budget Utilities Low serve mutual needs and those of the public. Incorporate appropriate PUP-311 The City should adhere to the Policies and Actions idenL•fied m the current Regional Utility Corridor Plan CD Ongoing NIA provtstona of the 1995 Regional Utility Corridor 22 140 1995 Regional Utility Corridor Plan Uitlitiea Law Plan Prepared pursuant to WAC 365-195-805 ~ '"7 , Etccnoi~icDaarelanrtnent~ omprehens[44A'an 6014mOntatlon Matrix GOAL-WOUCIES o y. is c co o ~ D r LogislationlAction UDC Study or Plan lruter ~I Priority ~ F c A genc.7 J 3 iz O Goal Encourage diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing EDG-1 economic vitality, stability and sustainability. Policies 5tnve to provide the necessary public taut :ws, nnfrasbucluro and PVII Ongoing Ongoing Dept. , EDC Chamber, High services to support economic development. Budget EDP-1.2 In conjunction withapproprlalo entities, encourage market feasibility ? 2 I? Market Feasibility Chamber. EDC Low studios to identify and target economic opportunities. I In partnership with the bwGiess community and appropriate entities. EDP-1.3 encourage the development of a comprehensive marketing strategy 7 2 77 Market Feasrbildy Chamber. L=DC Low customized for Spokane Valley and supportive of regional economic development objectives. Consider estabGShment of a public intmactive wob-based EDP-1.4 geographic information system to facilitate economic research for businesses. CD 1 $25K Chamber, EDC High EDP-1.5 Encourage the development of business incubators to promote new business enterprises ? Ongoing 7 Chamber, EDC 7 EDP-1.6 Encourage creation and retention of home-based businesses that 7 Ongoing 7 19.11 Chamber, EDC 7 are consistent with neighborhood character. EDP-1.7 Encourage State and Federal agendas to locate in the City of 7 Ongoing 7 Chamber, EDC 7 Spokane Valley EDP-1.8 Encourage local organizations engaged in business retention, 7 Ongoing Chamber. EDC ? expansion and recrurtmont. EDP-1.9 Encourage public and prrvate programs and activities that diversity 7 7 7 Chamber, EDC 7 the economy and labor force. EDP-1.10 Encourage the full utilization and expansion of the Foreign Trade Zone- 7 ? 7 Chamber, EDC ? EDP-1.11 Seek eon of the Spokane Community Empowerment Zone to V ll I li ithi S k bl C bl k l d 7 7 7 Chamber EDC 7 groups w ane a ey e ensus n po inc ncome-e gi oc u e Goal EDG-2 Encourage redevelopment of commerciathinduslrial properties within the City. Prepared pursuant to WAC 365-195-805 u c GOALS/POUCIES g ' E I uA O L eWslaltiotVAction UDC Study or Plan Ae yDeept II Coo Priority o tt P it Policies EDP-21 Develop approptiale urban design and infrastructure standards for CD 1 2 ? SpragualApploway High the City Center area Sub-area Plan EDP-2 2 Develop zoning, permitting, and incentives that encourage pnontized CD Ongoing Dept Td 17- AAed . development consistent with the SVCP Budget 25 Goal EDO 3 Promote the development of a qualified labor force that is globally competitive and responds to the changing rweds of the workplace. Encourage the region to develop a world-class education Ongoing consortium Encourage post-secondary education and technical schools to O or ng locate and expand offerings in the City of Spokane Valley F Encourage community colloges and technical schools in the development of customized training programs for businesses Ongoing Encourage K-12 edlrcatton to Include skills based training and creative partnerships with business ongoing EDP-3 5 Encourage pubhefprivate paitrxrships in training and education, Ongoing . through continuing employee education Encourage cooperation between businesses, schools. labor unions EDP-3.6 and other organizations in developing job training through Ongoing apprenticeships, mentonng and other programs Goal i 1 EDG-4 Emourago regional tourism as a sustainable provider of jobs and markets. Policies Encourage the development of a comprehensive tourism promotion Tourism Promotion Chamber, EDC, EDP-4.1 plan that supports the marketing efforts of regional tourism CO Ongoing TBD Plan FTA agencies, attractions and events. Encourage the development of local attractions, recreational, Chamber, EDC, EDP4.2 cultural and sports events which take advantage of the four seasons, Parks Ongoing T13D FTA 7 EDP 4 3 Encourage and promote the marketing of appropriate facilities that All Ongoing T13D Marketing Plan Various 7 . are consistent with Spokane Valley's tourism objectives. AlfemaUve alive EDP 4 4 Expand and develop neighborhood and regional linkages and PatksrP Ongoing Dept- rail Transport CD. SRTC Nigh . Improvement. to [he Centennial Trail and Spokane River homage W Budget Plan Prepared pursuant to WAC 365-145-805 zi . _ C 2 GOALSIPOLICIES g a 0 E . .2 C on 9 LegislationlActlon UDC Study or Plan Inter Dept ! Priority w J v 2. O Agency Coord Goal EDG-6 Collaborate with otter governmental agencies and the business cammunily to promote a sustainable, strong, diverse and healthy regional economy. Policies Improve the effectiveness of capital improvement programs by Jes Capital Facitd EDP-5.1 encouraging greater communication and coordination between local PW Ongoing Butt Programming High govemrrnents and the private sector. EDP-5 2 Develop and implement strategies to identity and use appropriate CDlAdmi Ongoing Dept. EDC, Chmaber, Hqh . Federal, State and regional economic resources and incentives. n Budget WDOT, CDBG Encourage the continued support and funding funding of all active Dept EDP-5.3 duty, reserves and National Guard components of the United States Council Ongoing Budget High Armod Forces Collaborate with other local govamments and business Dept Spokane. EDP4L4 organizations In promoting legislation in support of economic Council Ongoing B d t SpoCo. Hogh development when appropriate u ge Chamber, EDC Goal EDG-6 Establish a balanced approach to environmental sustainabiilty which complements the utilization of area resources and economic growth. Policies EDP 6 1 Encourage the retention, development and recruitment of C D Ongoing Dept. Regulatory Incentives Tit 17- EDC, Chamber, Huh . environmentally friendly businesses Budget 25 FTA EDP-6 2 Encourage programs that foster and promote sustainable business CO Ongoing Dept City-wide recycling Tit 21 EDC. Chamber, High pradrees Budget Commute Trip Reduction FTA Goal EDG-7 Maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. Evaluate. nnomlor and improve development standards to promote 1 EDP-7 compatibitrty between adjacent land uses and update pormitting CD Ongoing Dept lit 19, All High . processes to ensure that they are equitable. cost-effective, and expeditious- Budget 17.40 EDP-7.2 Review development regulawns pariodicaity to ensure clarity, CU Ongoing Dept I1ryh consistency and predFCtai~tl~ty Budget Prepared pursuant to WAC 365-195-805 B "N2tu-r-AkEnv1rhn" Qnt o GOALSIPOUCIES T a c & Ol E W c LoglstatlonlAction UDC Study or Plan Inter Dept ! Agency Coord Priority ` F B U. 0 Goal NEG-1 Encourage management of critical areas in such a way that includes oducatkm, rehabilllation, preservation, protection, enhancement, mitigation and Incentives for protecUon- NEG-2 Rrview and update Its Critical Areas goals, policies and regulations every five years- Nf.G•3 Actively seek individuals or local groups to assist in identifying and protecting critical areas. Regulations developed by Spokane Valley will not result In or constitute a taking of private property and shall tee evaluated as provided for in the GMA (RCW 30.70A.370). NEG-4 Regulations to protect the natural environment "I contain variance provisions including criteria for granting variances and recognise legal nonconforming rights for oxmUng land uses and activities. MEG-5 Consider multiple uses of open space and wildlife corridors such as utility corridors or open space when conflicts do not exist or can be mitigated. NEG-& Bost available science (BAS) will to used in the designation and protection of critical areas. NEG-7 Encourage the protection and enhancement of wetlands so that they may perform their natural functions and maintain their beneficial value- NEG-8 Ensure "no net loss" of wetland function as a result of land use activities. Policies Maintain a wetland management program that wicludes idonlification Ecology, Nti, NEP-8.1 and inventory of all wetlands and a classification system. Monitor CD Ongoing Budget 21.40 Low achievement of'no net loss' of functions and values goal. Mitigation of the adverse impact of now development may Include enhancement or rehabilitation of previously degraded wetlands and DNR, Ecology, NEP-a.2 creation of now wetlands Expansion of legal nonconforming uses In CD Ongoing Budget 21 40 COE Low wetlands and their buffer areas should be allowed only A significant impacts are mitigated- NEP-8 3 New regulations should provide clarification as to appropriate land CD Ongoing Dept 2140 X Ecology. ONR. High . use actnvibes within a wetland and Its buffer area budget COE Proposals for wetland restoration, creation or enhancement will Ecology. ONR, NEP•8.4 include consultation with the appropriate agencies to orrsuiv CD Ongoing Budget 21-40 Medium adequate design ar~d consistency with other applicable ioguiations Prepared pursuant to WAC 365-195-805 GOALSIPOLICIES tL A a I- E II a LogislatlonfAction UDC Study or Plan Inter C~ A Priority o4K a _ O gency Land use regulations/decisions should consider density transfers, NFL 8.5 transfer of development rights, bonus density, natural wolland CD Ongoing Dept- 21 40 Medium pioswrves, wetland banking or other mechanisms to retain wetlands whenever possihio. Budget NEP-8 6 Encourago public and private groups to consldor protection and/or 77 Ongoing Dept 21 40 Low acquisition of wetlands and their buffer areas Budget NEP-8.7 Encourage tho preservation of wetlands associated with wildlife CU Ongoing Dept. 21.40 Ecology Med habitat corridors identified by accepted swrrUBc standards Budget Goal NEG_9 Strive to prevent water quality degradation of the Spokane ValloyfRatfrdrum Prairie Aquifer. KEG-10 Endeavor to protect groundwater quality from adverse development impacts. Policies NEP-10.1 Pwtlcipato in cooperative surface and groundwater management i ff th i f i i PW Ongoing DepL B d t WRtA Ecology High n e reg on forts with other a ected jur sdict ons e ge u NEP10 2 Strive to retain Iloodpiains and assocralod wetlands in its natural CD Ongoing Dept. 21.30, FEMA , Ecology High . condition Budget 21 40 Goal NEG ?1 Strive to preserve, protect, and entrance fish and wildlife halAtat- NEC Strive to minimize the impact on priority species from habitat alteration and other human activities. Policies NEP42.1 Utilize best available science in managing wildlife haNtal. Co Ongoing De et 21.40 Ecology` DNR, LOW NEP-12 2 Strive to preserve and enhance native vegetation in riparian CD Ongoing Dept, 21.40 Ecology, DNR, Low . habitats Budget FdW NEP-12.3 Encourage the use and preservation of native plants in rosidontial CO Ongoing Dept. 21.40, Lew and nonresidential landscaping Budget 2280 Foster the rotection of wddiife corridors in publicly owned open MO. Ecology. DNR. NEP-12.4 space where appropriate. Thew areas should use native plants that CD Ongoing t3 21.40 Mod support native spades of birds and animals where appropriate Prepared pursuant to WAC 365-195-805 GOALSIPOUCIES o a A, c f_" E « _ c u 3 ccW _n, 1-egislationlAction UDC Study or Plan Inter Dept 1 Agency Coord Priority V C D J O NEP-12 6 Encourage informational and educational programs and activities Parks Orgaing Dept Low . dealing with the prolection or wildlife Budget Land use regulations and decisions will consider density transfers, Dept 19.130, Ecology DNK NEP-12.6 bonus density, nature area preservation or other Innovative CD t Budget 19.220• F&W Low mechanisms to retain fish and wildlife habitat areas 21 40 Development proposals and their design will consider the retention Scot DNR , NEP-12-7 and maintenance of critical fish and wildlife habitat areas and will CD 1 Budget 2140 F& Low provide buffers to protect corridors and water habitats. Coordinate with Washington State Department of Fish and Wildlife CD Ongoing Dept- Ecology, DNR, Med NEP- in planning and management of fish and wildlife habitat resources. Budget F&W Goal EN G-13 Work to Identify watershed characteristics that affect frequently flooded areas. Goal NEG-14 Assist In the management of frequently flooded areas to enhance environmental quality and to minimize the risks to life and property. Policies Frequently flooded areas and marshes sriould be used as forest t NEP-14.1 wildlife habitat, open space, recreation and other appropnete uses whenever practical. CD Ongoing el Burlg 11 30 Parks Master Plan FEMA, Ecology NEP-14.2 Require the maintenance, protect or restore natural drainage systems. I~V1I Ongoing Dept Budget Development Regulations 2130 X FEMA, Ecology Use bioengineenng techniques, where appropriate, rafher than hard PVY O o0 Dept- Update Floodplain 21 30 v NEP-14.3 engineenng struclures to stabilize the floodway. ~ 9 Budget regulations . Dovelopmanl should not occur on lands Identified as being within a Dept- Update FlooWplaln NEP-14.4 100-yoar floodplaur or as having a history of flooding without CO ongoing Budget regulations 21 30 FEMA. Ecakxiy mitigation Goal Development should be discouraged in gooiogicatly hazardous areas unless it can bo domonstratod that a hazard area can be developed consistent with public health and rEG,3 safety. Development permits should be conditioned to mitigate certain hazards. NEG-16 Geologically hazardous areas may be used as open space for recreation, forest, wildlife habitat and other uses as appropriate. Prepared pursuant to WAC 36-5-1%-805 o c GOALSIPOUCIES $ < E S a O Legislation/Action UDC Study or Plan Inter Dept I Agency cord Priority Policies Dept Update Critical 2140. NEP-111.1 Limit clearing and grading activities in geologically hazardous areas CD 1 Budget A'easlQading d 24 100 Ecology High FAcavalion Reps Development proposals within geologically hazardous areas should Update Critical NEP-16.2 include an erosion control plan and/or stabilization plan prior to CD I AmaslGrading b 24.100 Ecology High receiving approval. Budget Excavation Regs Land use regulations and decisions shouki consider density Zoning, Subdivision, NEP-16 3 transfers, bonus density, nature bell preservation or other innovative CD 1 Dept design and development 19130, Ecology High . mechanisms to retain geologically hazardous area in a natural Budget standards Ili 170 state whenever appropriate. Goal NEG-17 Encourage the continued provision of both adequate quantity and quality of surface water for Spokane Valley. NCI Encourage land uses Ihat are consistent with long-term protection of surface water quality and quantity In Spokane Valley. NEG-1 9 Collaborate with appropriate public and private entities to help restore water quality of the Spokane River. Policies Impacts of a development proposal upon surface water quality sting be considered before development is approved. CondIIionmg Dept NPDES Ecology, ONR, NEP-19.1 proposals may be necessary to protect water quality (e.g. PW 2 Budget 22150 Stormwator High bloflltration measures), manage runoff and address erosion control Mangement Plan and sedimentation. NEP-19.2 Update the Oty's interim shoreline management proyrarn CD 1 Dept Budget Grant? 21.50 Shoreline Restoration Plan Ecology. DNR, FaW High Goal NEG.20 Support regional efforts to Improve air quality. Policies Work regionally and locally to establlsh a vanety of transportation NEP-20 1 systems such as dispersed employment opportunltles, kuuble SCAPCA. Low . working hours, tele-commuto. fight rad, other transit, car and van Ecology. SRTC pooling, ridesharing, bicycling and walking paths. Prepared pursuant to WAC 365-195-805 o GOALS/POUCIES $ c & c e E 0 C a LegislaUonrActlon UDC Study or Plan Inter Dept Agency Coord Prtodity J a O Encourage the development and expansion of high-density Sprague/Appieway NEP-20.2 urban canters that facilitate alternative transportation modes TIL 19 Sub-area Plan Medkum to reduce traffic congestion. NEP-20 3 Assist in the promotion of public education to increase the Low . level of responsibility for air quality. NEP-20.4 Require parking lots and streets in new development to be 22.60 High paved. Encourage planting of trees in new developments, parks and as part of new stmt or major street reconstruction projects. NEP-20.5 t?evelop a list of preferred trees based on but not limited to 22.60 ASIA High location, root structure, canopy characteristics, and resistance to disease. Prepared pursuant to WAC 365-195-805 9: Parkas o GOALSIPOLICIES & go .E 3 ? a LegistationfAction UDC Study or Plan Inter Dept I Agency Priority q t i= 3 a O Coord Goal Build a comprehensive parks program that focuses on facilities and services that benefit city residents regardless of location and that provide broad-based opportunities PRG 1 for community lnvohvemont. Policies Coordinate the delivery of park, rocroation and open space services Dept Parks d PRP-1.1 with other government agonciea, private nonprofits, and other Parks Ongrong Budget P~ SpMfy Mod partner ofgan"bons to maximae opportunities and efficiencies. Encourage and work with school dratrwAs and other appropriate PRP-1.2 entities to allow for shared access of facilities for tweational and Parks Ongiong Budget EV, WV, CV High other public purposes- PI2P-1,7 Invite public participation through a vanity of methods parks 1 Oept. Budget Appoint Parks Advisory Board High PRP-1.41 Apply for matching grants from appropriate granting agencies Parks 1 BDeptt X High Dept. PRP-1.5 Coordinate the development of citywide recreation opportunities. Parks Ongoing Budget (Reauati on Foes) Goal Based on budgetary resources, plan, acquire, develop, and maintain within Spokane Valley, a system of parks that provides a broad range of recreational opportunities PRG-2 and access to natural resources, Policies PRP-2 1 Work to develop a system of park facAdjes that meets adopted Parks Ongiong T13D Parks d Roc High standards. Master Plan PRP-2 2 Develop a plan for oath park facility before committing to any major Parks Ongoing a Dept Parks b Rec Mod . use of the site Budget Master Plan Prepared pursuant to WAC 365-195-805 ` C ' in flr Dopt 1 P i Ct7ALSIPC}LtCk S C] w r_ 0 LsElkslat,19N lction lli~G Slug or Plan Agemy r only w Coorrl J ~,lablist► and rmplernerrt marragernEmt pracfi s for tl Rmsoerce Dept. Phil -2.3 pmteclirin ~wlhltife, tietrerles, Ital.*Ita°) 2) Quality reLreaiional Parks Oqkrlq x Loa exparierme. 3) Pubkicsaletyanl d) CG terrickvriuy. PEP-7 4 Encourage innovative 9.tralr ins and inmrativnG to enhancaa exisling , programs for pads maintenance, 5aiuly and arccVIbikily PRP~2 5 Narks sboukl be designW and locsied to provide ease of access for AltOrnalivo Transportaqmpn - pedestrians, bicycle,, autos anO pralille tfanyil `t'rial Platt Goal PRr,,-7 Based upon available laudgatary ranources, plan, acquire, develt>!a, apart nrakntalrr focilitios that moat idenUflud needles and are of erwine unavallable to Me Cornmonity- Pcrl trios Coltabarate with other cedes, SCI'lool uistricts, and sports PRP-3 7 organ~ations in the resdrnn to dewetop a ~;ystam of sports folds. Parke r}ngoirrg Dept IraterltrCai Agrconnents Pa3rk% & Rac ~ lira~tr , tts ljold complexes and aqualm iacilMes to wr+ra Vie needs of ,iao Budget Mester F'lara SpmA aqe Valley 11mielents. _ PPP-3,2 P7efiodiaaalty a5se s re-crealaanal fadlit an Spokanp Walkoy. parks Dept. Budget Parts & Rec Master Plan ~ Low PRP•3 3 Seek rgrant%, pnvate lanai donations, and other tundrng rmurr„es for parks Orlyulray Dept- Low . land acquisition and recreational iadlilies dewelopm N budget Goal Based un budgetary resourGara, prnmote, devielop, operate, and mdinta4R a coMPMhofaSivu traillbtvyCle systom within Spokanra Valley that provides nen4noWri;,xad travel FIR 6walking, bicycling, sharing. and harwback 001 ag) to mart city ruoldents recreation, titnou, and aommarting needs. Pofictes ~5trivv to aievolup ai rrr lwGrh of trails arm 1:i cwuyn v4h in S- peakane Alternative C PIZP Valley Mat w[11 Inter cantm ma populaurin centers, community iacitikm 1i F';aartsG r ~ Capital Faclllt ire $r High . vmrk places, naiglhb urhoocte. recreational upparlijrtitioS, and natural Programrrung an rail trail plan green ;.panes Preparcd pursuant to WAC 36r%-1Q9-815 GOAISlPOLICIES b a _ C E _ c u a C a LegialationlActlon UDC Study or Plan Inter Dept Agency Priority t J 3 p Coord PRP 4.2 Promote appropriate planning and design solutions to avoid adverse Parks Ongoing Dept- Tit 21 High environmental impacts on sensitive areas Budget W(nk with udnriduals, businesses, pr►vato dovelopers, putiik PRP-4.3 agencies and otter enttities to incorporate trails and bikeways, CD Ongoing Bit 22 130 X High where feasible. PRP4.34 Where practwAl, fink open space lands into an inter-connected system Goal PRG•5 Identity, evaluate, and preserve as open space selected undevelopal lands within Spokane Valley. Policies Partic;patn in coordinaAOn efforts to protect open space lands with t ud PRP-5. I local, state. regional, and federal agencies to complement Parks Ongoing Bu dg et Specify Mod acquisition programs and maximize resource potential. Encourage Interagency cooperation for purposes of protecting and p w' PRP-5.1 conserving rich and wildlife conservation areas and open space Parks Ongoing Bu et E~ Low lands Work in cooporation with otter jurisdictions and agencies to protect DNR F&W PRP-5.3 enwronmentatty sensitive lands, especially owsystems that span Parks Ongoing Beset Td 21 Ecology Low furssdichonal boundaries Goal PRG4 Encourage the acquisition, maintenance and preservation of public art that Inspires and enriches cltIzens of Spokane Valley. Policies Ongoing Dope Budget Identity public art opportunities ttwt highlight the cultural and Dept PRP-6.1 histw►cal connections of Spokane Valley through local history. Paikx Ongomg Budget environiriental systems and visual symbols Reflect community identity using public art to create unique Dept. PRP-6.2 community pkKms, define or re-define public spaces, or suggest Parks Ongoing dg Budget experiences that evoke a strong senses of orientation. Use public art to create visible landmarks and artistic points of Dept. PRP-6.3 reference. These pmjeds should serve as a source of community Parks Ongoing Budget pride and reinforce and further define community identity. Prepared pursuant to WAC 365-195-805 GOALSIPOLICIES 0 n ~ a r a 10- E C ;3 o C as LogislatiorgAction UDC Study or Plan Inter Dept I Agency Priority q P s r C Coord J PRP-8 4 Encourage public art in private development by providing Incentives Parks Ongoing Dept. to include works of ant In private development Budget PRP-8.5 Utilize public art ui Spokane Valley to attract visitors to the City, Park4 Ongoing Budge! Prepared pursuant to WAC 365-195-805 10, - Nafiati 6-ffiootii 0 a rr a Inter Dept I GOAL.SIP000IES a & E Legistation/Action UDC Study or Plan Agency priority t i- 2~ Z O C oord Goal hig-Z Maintain consistency between adopted Neighborhoodisub-area plans and the City Comprehonsive Plan. Policies NP 1 1 Conduct periodic review of sub-area plans for consistency with the . Comprehensive Plan. NG 2 Preserve and protect the character of Spokane Valley's oxisting residential neighborhoode- Policies j Maintain and protect the character of existing and future residential Dom' Zonirog, Subdivision, i l d 17 T Neighborhood All H k NP-2-1 neighborhoods through the development and enforcement of the CD 1 udgot Budget gn an deve opment des - 25 d. 1 subarea s City's land use regulations and joint planning standards Review and nowise as necessary, existing land use rogulabons to 19.130, N NP-2.2 provdo for innovation and flexibility in the design of now residential CO 1 8 got Guideline Development 19.220, 1 subarea All Med developments, accessory dwolling units and in-fill development 19 110 Encourage the development of parks and the dedication of open Dept. T ' NP-2.3 space in and adjacent to residential areas. Open space dedication CD Ongoing Budget 22-40 Parks High shah be proportionate to the size of the development. Proserve solo characteristics that enhance residential development 4 NP-2 (trees, bodies of water, vistas, and similar features) usirig 5" CD Ongoing Dept 19.13 Neighborhood All Nigh . planning techniques such as clustering, planned unit developments, Budget /subarea transfer of development rights and lot size averaging. Allow sore changes within the Low Density Residential category only when specific criteria are met Criteria may Include: Substantial CV NP-2.5 changes within zone change area, Clear mapping errors, Adequate CO Ongoing B d t ITS NGOs Low facilities and services, Nd Consistency with densities in the vicinity u ge of the zone change Prepared pursuant to WAC 365-195-805 o g Z~ a C LT _ c S a i l l NA i UDC Pl St d Inter Dept I A enc Priorit GOAL S/POUCIES a Leg cl on s at o y or an u g y Coord y %L 0 J Establish appropriate design guidelines with buffer tones and NP-2 8 transition requirements to protect residential neighborhoods from CD 1 Dept Tit, 19 Neighborhood Mod . incompabbie land uses and adverse impacts associated with Budget (subarea arterials. freeways and rg11 Corridors NP-2 7 Encourage rehabildat►on and improvement programs to conserve CD 1 Dept Neighborhood Mod . and upgrade oxishng properties and buildings Budget (subarea Encourage programs targeted at neighborhood preservation, induding Weed and Seed, housing rehabilitation and crime CD I Dept. Neighborhood Mod NP-2.11 prevention programs, sucli as Neighborhood Watch, McGrulf Budget /subarea Houses, etc Integrate roWil developments into surrounding neighborhoods through attention to quality design and function Encourage Dept. Neighborhood M d NP-2.9 neighborhood retail and personal services to locate at appropnate Ct1 I Budget Tit 19 3 22 Isubarea e locations where local economic demand and design solutions demonstrate compatibility with the neighborhood Develop guidelines and options for neighborhoodisub-area Dept NP-2.10 associations which faclGtato the refinement of nehghboihood/sub- CD 2 Budget Med area plans. MC-33 Encourage NeIghborhoodlsub-area planning for commercial, industrial and mixed use properties to enhance the quality, vibrancy and character of existing development. Policies Establish regulations and idenUfy potential utcenWrves that encourage 1 NP-3 multl-use areas that integrate a broad range of appropriate and CD Ongoing Dept 19.220. High . compatible land use activities and encourage the development and Budget 2130 redeveloprnent of land in conformance with the SVCP. Identify brownfields b NP-3 2 Encourage the remediation of cnvitonmentalfy contaminated sites, CD Ongoing TBD other contaminated sites- Tit 21 77 . to return the land to productive commercial and indhrsfnai use Identify funding for -ell iatbn Encourage commercial development that is dosignod and scaled in CD 2 Dept Zoning regulations, design Tit. 19 b Mad NP-3.3 a manner that is compatible with surrounding neighborhoods Budget guidelines 22 Goal Prepared pursuant to WAC 3Fr-10"05 GOALSIPOUCIES o u : o E 3 a Legislation/Action UDC Study or Plan Inter Dept I Agency Now, $ < J F -B LL Coord Work with neigfiborhoodslwtrarsas to determine the need, it any, and the preferred approach for outreach acUvlties. In order to maintain the flow of Information NG4 between the city and It's citizens. Pollckm NP~ 1 Work with schools and non-pror~l organ¢ahons to Oentily arid . address housing and neighborhood concerns Prepared pursuant to WAC 365-195-805 S#6]Zakne 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhaUcinpokanevalley.org Memorandum To: Dave Mercier, City Manager and Members of Council From: Morgan Koudelka, Administrative Analyst Date: July 11, 2006 Re: Model Jail and Geiger Agreements The City has contractual agreements with Spokane County for confinement services as well as for alternatives to incarceration such as work crews, work release, and electronic home monitoring. These services are provided by the Spokane County Jail and by Geiger Correctional Facility. City staff has been working with Spokane County staff to draft model agreements for these two C agreements and convert them to settle-and-adjust" agreements. `J On February 28, 2006, Council approved several model service agreements with Spokane County. The language from those model agreements has been incorporated into the Jail and Geiger agreements, providing consistency throughout all the County service agreements. The cost methodology has also been revised for these two agreements, from a pay-as-you-go style to a settle-and-adjust format. Old Cost Methodology • Consultant developed rates based on actual costs for calendar year two years prior to contract year. • City usage was tracked on a monthly basis. ■ Rates were applied to City usage. • City was invoiced on a monthly basis. • All monthly payments were final. New Cost Methodology • Consultant develops estimated rates based on budgeted costs for contract year. ■ City's actual usage for a twelve-month period is used as an estimate for the contract year. ■ Estimated rates are applied to estimated usage to determine an estimated annual cost. • Estimated annual cost is divided into twelve equal payments. ■ After the contract year is closed, the consultant determines the actual costs for services and develops actual rates. ■ Actual rates are applied to actual City usage. ■ Actual annual cost for City is determined and reconciled to payments made throughout the year. Model .Jail and Geiger Agreements July 11, 2006 Page 2 of 3 Jail Agreement ■ Automatic renewal ■ 180-day termination clause • Monthly payments ■ Year-end reconciliation (Settle-and-adjust methodology) ■ Actual costs • Dispute resolution procedure • November 1 notification of rates for subsequent year ■ Monthly usage reports provided • Capital expenditures since incorporation will be factored into rates according to a depreciation schedule (amortized over the useful life of the improvement) ■ Anti-subsidization clause • Recognition of potential impact of revenue-reducing initiatives (state) • All medical costs incurred after booking will be absorbed by County and factored into rates • Charging guidelines defined 2006 Rates Housing $3.271hr. Booking $106.85 ea. 2006 Estimated Cost $380,545 2006 SV Budget $444,000 Geiger Agreement • Automatic renewal • 180-day termination clause • Monthly payments ■ Year-end reconciliation (Settle-and-adjust methodology) • Actual costs • Dispute resolution procedure ■ November 1 notification of rates for subsequent year ■ Monthly usage reports provided • Capital expenditures will be factored into the rates of the year the improvement(s) occur, capped at $500,000 for a single item and $1 million aggregate for the year. Unused capital payments will be refunded to the City upon termination of the agreement.* • Anti-subsidization clause ■ Recognition of potential impact of revenue-reducing initiatives (state) • All medical costs incurred after booking will be absorbed by County and factored into rates • An operating reserve of $500,000 will be built up over 2 year's time (2007 and 2008) and factored into the rates. • Charging guidelines defined * Spokane Valley confinement days comprise approximately 1.6% of total Geiger confinement days. The maximum capital cost impact to the City according to this usage would be $16,000. Applying this usage rate to the reserve build-up equates to a financial impact to the City of approximately $4,000 per year. Model Jail and Geiger Agreements July 11, 2006 Page 3 of 3 2006 Rates Confinement $66.85 per day Work Release $36.99 per day Work Crew $54.83 per day Electronic Monitoring $23.42 per day's City is only responsible for the portion the participant is unable to pay. 2006 Estimated Cost $360,000 2006 SV Budget $120,000 Next Step A motion consideration has been placed on the July 25th agenda. 401~ S061[ane ~ ,;oOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatl®spokanevaltey.org Memorandum To: City Manager David Mercier and Members of Council CC: Nina Regor, Deputy City Manager From: Morgan Koudelka, Administrative Analyst Date: July 11, 2006 Re: Spokane County Communication Maintenance Agreement The Spokane County Communications Department is part of the Sheriffs Office. This department provides maintenance, repairs, and upgrades to the communication system that serves the Spokane County area. The Spokane County Communication System consists of items such as radio towers, mountaintop microwaves, pager systems, radio systems, and vehicle communication. These communications are utilized mostly by the Sheriffs Office for law enforcement service but other County departments are served as well, such as Animal Control, Emergency Management, the Public Defender's Office, the Jail, the Prosecuting Attorney's Office, County Utilities, Geiger, and the County Roads and Engineering. In addition, all the fire districts and the City of Airway Heights utilize these services. The County realized at the end of 2005 that they were not receiving payment for these services. The communications department is not a central service department that flows through the indirect costs of the cost allocation plan; it is not an enterprise fund that charges for all its services; and it is not a function of the Sheriffs Office that is included in the City's Law Enforcement Agreement. As a result, the County drew up a draft agreement for communications services and the County and City negotiating teams have been working on a cost methodology that provides a fair and accurate basis for charging the City for these services. The result of these negotiations is that we now have a draft "settle-and-adjust" type of agreement that breaks the communications costs out among departments and jurisdictions served. A City usage factor is then applied to those allocated amounts. Typically the city's usage factor is derived from separate service contracts with various County departments. Other small cities that contract with the County are now paying for communication services through their law enforcement agreements. Spokane County Communication Maintenance Agreement July 11, 2006 Page 2 of 2 Model contract provisions are incorporated into this agreement. 2006 costs are estimated at approximately $120,000, as shown in the illustration below. Departmental Expenditures Salary rIM&O Indirect Costs 4 * Total Allocation of Time Spent On:**** Law Enforcement Emcrgency Management Animal Control Prosecutor Public Defender Jail Facilities Maintenance Roads Engineers Utilities Wastewater 911 Geiger City Fire Airway Heights Component A Component B Component C 2006 Percentage Adopted Budget • Spokane Valley Contract Amount 396,148.00 86,880.00 85,251.00 568,279.00 50.W/o 284,139.50 0.4199 119,310.18 0.029/o 113.66 0.1948 22.14 0.02% 113.66 0.5115 58.13 0.02% 113.66 is 0.0270 3.07 0.02% 113.66 0.0550 6.25 ' 10.00% 56,827.90 0.0210 1,193.39 0.02% 113.66 0.0000 0.00 15.00% 85,241.85 0.0000 0.00 12.91% 73,342.66 0.0000 0.00 1.30% 7,387.63 0.0000 0.00 4.00% 22,731.16 0.0000 0.00 1,20% 6,819.35 0.0000 0.00 5.32% 30,220.87 0.0000 0.00 0.18% 1,000.00 0.0000 0.00 100.000/0 568,279.19 120,593.16 Notes " Component A represents SheritfCommunications 20106 adopted budget for expenditures. • The Indirect (Overhead) rate of 21 M% is applied to salaries only, and comes from Spohne County's O??tB A-87 Indirect Cost Plan Escalated 2004 for 2006, adjusted to include wily depreciation of assets from date of incorporation. Prepared by PRM Group, an independent plan ptcparcr. See Attachment A. 'ITre percentage of services provided to Spokane Valley is based upon the %of Spolane Valley services purchased for each department. Allocation of time spent on departmental communication needs.