2009, 06-09 Regular Meeting
~
AGENDA
' SP~KAN~ ~ALLEi C.I.H.'Y COUNC~~
REG' ULAR 1'F'~~~~~NG
CounCil Meetflng #161.
T'uesday, June 9,2009 6:00 p.m..
Spakane ''Valley City Ha1l Council Chamhers
11707 E Spraguxe Aver~~e
CouncilRequests Flease Silence Yuur CeIl P1'iones Duri~g Ccruncil.[l~.~eeting
CAIaL TO ORI3ER:
IFNVOCATION; Pastor ManLiel Denning, Fount~in M.in:istries '
FLEDGE OF A.LLEGIANCF;
ROLL CALL:
A.-PPROVAL OF A~ENDA:
IVT~~DUCTION.Og' 5PECIA.L~ ~'UE5TS AND .PRESENTA7['IONS:
COMMIT"TEE, BOARD. :~IAISON SUMMARY REPOR']CS:
MAYOR'S ~~ORT:
FiTBLIC COM1VIlCNTS: This is an oppoz-tunity for the public ta speak oia any subject tiot on the agexlda
for action. W11en you con1c to the padium, please state your i7anie and address far tho f•ecord ana ~imit
remarks ta t[iree minutcs.
l.. F~UBLI~ ~~~RIENG: 21010-2 0 15 Transpo rtatio n Im proveni ent Flan - Steve Wo r] ey
2. +C'ONSENT AGEI+dDA: Carlststs Qf items considEred routine whicb are approved as a grOuP. A
Counci]member may reta~ove a.n itern from the Consent 1lgenda to be considered separately.
a. Approval of the following claim vauchers:
, VC][.]CiIER LIST DATF ~WIVCJUCI~F'R NC7M}3ERS: J TOTAL AMCl-_:iltilµi ~
~ Mayr 21, 2009 ~ #17393-17433 f 567,124.81
May 22), 20 0 9 ~-W434-17463 J 1I O,51 .74 ~
May 24, 2009 #17465-77508, 526090026, 526090027, I,7I1,0 83.49
5?8090446
-
~ May 29, 2009 1'17509-17513 - ~ 35569.97 ~ ~ May 29, 2009 ~ l 7s14-:1751-5 I 4,500.00
I ! ~RAND TOTAL $22,396,791.61
~
b, Approval of Payroll;for pay periad end.ing May 31, 2009: $350,090.24 -
c. Approval of May 19, 2009 CQUncil Stud.y Sessibn Meetirlg Minutes d. Approval of May 26, 21009 Regiiiar Caunci] .Meeting 1'Vlinutes
e. Appi-oval af 1ut1c 2, 2009 Special Executive Session 1Vieeting IVlinutes
f. Approval af June 2009 Council, Study Session Meeting 1Viinutes N~~ ~'U~INESS: 3. Motion Cons idei-ati o n: Uetter• of Support ftegarding Studded Tires - Mayor M:unsaao [public cammemt] .
CoLinGii Agenaa 06-09-09 RcguIar 1Vieeti,ng Page I of 2
. PUBLIC GOMMENTS 7'his is an oppQrturiity for the pubIic to speak an any tapic. When you come to
the podium, please state you r name and address far the reGord and limit remarks to three :minutes. '
AIDM]fNIS7CRATIVE REPORT;. . ' 4. Energy Efficiency Canservation BIock Grant ---1VIary May . .
5. Cab1e Franchise -Morgan Koudelka
6. 14earing Exarn iner Rules - Mike Connelly
7. Applewa.y NegQtiatians - Mike Conne1ly .
Salid Waste System - Deputy MayQr :[]enennylCauncilmember Schimmels .
. .
INFORMATIOlii ONLY: .
9. Grz-afos investment Property ~(SARP} Kathy McCiung ,
-10. Park Road Reco~~~truction 42: Brvadway to Indiana - Steve Worl.ey .
EX:ECVTIVE SES~~ON: nfa ADJOURNMENT .
FUTTl.l~E SCHEDULE (meeting schedule rs always subjeet to change) .
Regular CauncilMeetings are generally helcl 2nd und 4cr, Tuesdays, beginning at6: 00p.m.
Council Study Sessions are generally held I"; 3r~ and 5th Tuesdays, beginning ut 6: a+p p.rrL
Satua-dav, Jfunne 20, 2009: CouncillStaff Sumer Retreat, 9:40 a.m. ta 3:00 p.m., Deputy Mayar Denenny's
Cabin: 29897 N Isle View Raad, Sp'rrit Uake, Tdaho 83869
Tuesdav, June 23. 2009: I'+To Meeting _
' NC)TIGE: Tndividual,s planning ta attend the rneeting wha require special assisiance to accomrnodate physical, hearing, ar other
impairrrrents, piease cantact the City Glerk at {509},921-1000 as soort as possible s4 that arrangements m.ay be made.
Council Agenda 06-09-09 Regular Meetiiig . Fage 2 0f 2
CITY OF VALLEY
- Request for CoaancAl Actian
Meeting Date: June 9, 2009 Cdty Manager Sign-vff:
1tem: Check all that apply: El consent ❑ old business ❑ new business E pubEic hearing
❑ information admin. report ❑ pending legislatian
AGEND►4 lTEM TI`fLE: PUBLIC HEARING 2010-2015 Transpvrtataon Improvement
Program' (TIP)
GC3VERPdlNG LEGISL~TION: RCVIf 35.77.010, Perpetua1 advanced six-year plans for
coordirrated transportativn program expenditures.
PREVIOUS ~OUNGIL ACTION TAKEN: Adopted 2009-2014 S~x Year T!P last year on June
24, 200$, Resolution #08-014. Presentativn of draft 201 D-2015 Six Year TIP af Councif's June
2, 2009 Study 5ession
BACK~ROUNDn The: City is required by RClN 35,77.010 to prepare and after pub1ic hearing
adopt a revised and extended comprehensive #ranspartation pr.ogram for the ensuing six
c~lendar years. This pfan must be submitted to the Vllashingtan State Secretary af
Transpartafiivn befare J u1y 1" af eaeh year.
The attached draft 2[]10 - 2015 Six Year TIP represents a preGminary+ update ta the 2009-2014
adopted Six Year TIP. This draft should be cflnsidered a`work in pragress' and may be
updated again after receiving comrnents from the Public Hearing.
OPTI53N5: PubEi-C Hearcng
REC+❑MME NDED ►4CTION C]~ ~~~~ON: Pub1ic Hearing .
BllDGETlFi~~~~IAL IMP►4CTS; The proposed 2010-2015 TIP projects will be budgeted
within the Street Capi#al Projects Fund. At the current fevel vf pr❑jected revenues nvt aIl
prajects listed in the draft 2010-2015 TIP can be funded at this time. Staff will continue to
evaluate available resources for aIl projects relatiVe tfl future transportatian grant oppvrtunities.
STAFF CONT►4CT: Nei[ Kersten, Public Wvrks airectar;
S#eve Worley, Senior Capifal Projects Engineer
ATTACHMENTS: 1} Draft 2010 - 2015 Transportation lmpr.ovement Program {TIP}
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C1.7'1'
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- - Valley
- 9 9707 E Sprague Ave Suate 106 ♦ Spakane Walley WA 99206
509.92 1. 1Q0[l f Fax; 509.921.1 008 ! cityhall@spokaneva[ley.org
City of Spok~~e Valley
DRAFT
2010-2015 Si~~~~~r Tr~~~~~~~~~tio~ ~mprvvement Program
Prvject Descriptions
1. Barker Rvad Bridge
This project will reconst,ruct the Barlcex Road Bridge aver the SpQkane River.
Widening of this bridge is needed due to increased traffic volumes. F'edera1
Bridge Repla~ement Grant funds covering 100%a of the project cost was
received in 2004. Tot~l Project Cost: $11,817,000. City share: $I,477,000.
2. Broadway Avenue - Moare ~o F1ora
. Reconstruct and widen Braadway Avenue to a three-lane sectiQn, 180 feet E.
~ of Moore Road to Flora Road. Cost: $3,404,000, City sha.re: $341,000.
3. ~ar~ Road ~ ~2 (PE Only) - Br~~dway Indiana
This paroj ect wauld redesign F'~k Roac~ ~om Broadway Avenue ~o Indiana
Avenue to athree-la~e arterial vith cu.rbs and sidevvalks linkang BrQadway
Avenue to the praposed overpass at the BNSF tracks and Trent Avenue. Cast:
$352,000 City +cost: $48,000.
4. Indiana E X-tension ~ 3600' East of Sul1ivan to Flvra
T'his project wi.l1 ex~~~d Indianna Av~nue east af Su;llxvan where it currently
dead-erads to the intersection of Flora Raad and Mission Ave wifh new
pavement, curb & gutter, sidewalk and land:scaping. Constructzan is scheduled
for 2010. Cost: $2,61 2,OQ0. City share: $3 15,000.
5. ALrgonne Road - 190 to Trent
This praject wi11 add a nQZthbound right-tam lane at Montgomery and wil1
iraclude interseetior~s imprvvemen~~ ~t Knox as we1:1 as revising signal
phasing. Cost: $1,289,000. City share: $178,000.
6. B r~~dw ay Avenu e 5~~ety Proj e~~ - Pin es' (5R-2 7) to Park
This proj eet wi11 install ADA and striping rmprovements to reduce accidents
alang Broadway Gorridor. Cor~struction is scheduled for 2010. Cost:
59333000. City share is aApr~ximately $187,000.
C:1Dacuments and 5ettingslcacastaILoca1 SetfiingslTemparary Intemet Fiie51aLK41201 N2015 Projects eiescripts to TTP draft.do~ ~~~e 1
70 ~~oadwaylSuilivan Intersection P~C
This project wilr replace the intersectian with Portla:nd Cement Cvncrete.
Cost: $1,230,000. City share: $253,000.
Indiana/Sullivan Iatersectian PCC
This project will replace the intersectxon with PQrkland Cement Cvncrete.
Cost: $1,342,000. ~City share: $275,000.
9. Sullivan Road (FE anly) -Euclid to Wellesley
This project wrill recQnstruct Su1Y~van Road from Euclid Avenue ta Wellesley
Avenue. This wilY be in Goardinatrvra wit~ ~e Widering af bridges at the
BNSF and SR (Trent) as part of the Bridging the Va1ley Proaect. Cost:
$595X0 Clty GQst: $$0,000.
10. Su11ivan1Sprague Iatersectioaa PCC
This proaect will replace the current intersection with Portland Cement
Concrete. Tota1 Praject Cost: $1,678,000. City share: $933,400.
11. Street Freservativn Prmyects - Arferials
A-nnual street preservation projects on va~ious streets thraughout the city.
Cost: $4,000,000 Anriually. City share: $2,000,000 AnnualIy.
12. Street Preserwativa Projects - Loeal Access ~ Annua1 street preservation projects on varivus streets throughout the city. Cost: $2,000,000 An~ua11y, City share: $2,0041000 Annual.ly.
13. STEF P'aveback
Ful1-width paving a:nd drainage associated with Spokaae County's S7`EP.
Cost: $4,300,000. c~~~ ~hare: $4,300,000.
14. PiHes Corridar ITS: Sprague to Trent
Thi~ ~~oje~t will install canduit and ~'~ber optic cablin,g to connect aYl tra~''~c
signa1s between 16t' Avenue a.nd Trent Avenue to the Spakane R.egional
Tr~~~ortatian Managemerat Center (SRTMC). This will irnprove signal.
coardinatian and timing and allaw channges during peak haurs andd.l"ar
emergency events. Cost: $2,08 1,000. City share: $280,000. .
15. Sulli~~n Road West Bridge
This proj+ect wiYl Xeconstruct and widen the west bridge of Su1livan Road over
tFie river, just narth af Indiana. Cost: $14,470,000. 16. Miss~on Ave - Flora to Bar~~r .
This prvject wiTl reca~struct Missian Avenue to a three-lane u:rban arteriaY
from Flora Road to Baxker Raad. Cost: $5,916,000. City share; $799,000,
C:lDocuments and SettinocacvstaiLoca1 SettingslTemporary Internet FileslOLK412014-2015 Projects descri;pts to TIP draft.doc Pag-e 2
_ 17. Park Road - 42 (CN Only) - Broadvvay to Indiana
This project would redesign Park Road fxom Broadway Avenue to Indiana
Avenue to a threeelaae arterial with curbs and sidewalks lir~.cing Broadway
Avenue to the proposed overpa~s at the BNSF tracks and Txent Avenue. Cost;
~5.~709,000. ~ity cost: $77 1,000.
18. Bowdish Road - 32nd to 8tb
This project will recanstruct Bowdish Road to a. three-la;ne arterial section
fram 32nd Avenu~ ~th Avenue. Cost; $9,299,000. City share: $1,256,000,
19. ~ark Road - Bridging the Val1ey~~S~F Grade Separation This pxoject is part of fhe Bridging the Valley pragran and proposes to
constxuct a bridge to allow vehicle tr,affic aver the BNSF tracks at Trent
Avenue. AFreight Mobility Strategxc Investment Board (FMSIB) grant for
$5 mallian was xeceiUed for fihhis proj ect, as vvell as $2 million from TXB. We
anticipat~ additional fundi-ng suppvrt from the BNSF, Federal gc°ants, and
possibly W5DOT, Cost: $16.5 mrllivn. City share: $693,000.
20. Saltese ISullavan Signal
This project wi'11 install atraffic signal at the intersectiQn af Salte~~ Road arrd
Sullivan Road. This wi11 be in covrdination with Spokane County. Cost:
$4145000. City share: $1 04,000.
,
21. Sprague 1 Barker Trafric Signal.
This prvjectMll install a traffic signal at the intersectiorn of Sprague Ave, and
Barker Raad, Cost: $445,000. City share: $89S000.
22e Appleway - Un~~ersi~ ~o Evergreen.
Ex~end Appleway B1vd. east from LTniversity Road to Euergreen Road. T'his
will likely be a three-lane urban arterial wi~~ ~~~~~~~~s and bike la:nes. This
praject gs partially funde~ ~~th $4.2 million in federa1 STP(L]) grant funds
secured fra~ SRTC. WSI7OT will fund Faalf the cost of the Pines
Rvad1Appleway Blvd. cvncrete intersection and signa1s. Additianal funds will
be sought to cover the xemaining project budget. PE scheduled tv begin in
2009 witli R1W and cvnstruction in 2010 and 2011. T'ota1 projeet cQSt:
$11,735,000. City share: $838,000.
23. Barker Road - App~eway to Broadway Avenue
This prvj eGt wi11 reconstruct Ba.rker Road tv a three-lane section with a center
tum lane f~om Appleway Avenue to Broadway Avenue. Cost: $2,73 $3000..
City share: $548y000.
G:1]]ocuments ari(i 5ettingslcacostal~.:ocaY SetCingslT'erizps~rary Irtternet Filesl~7LI{.412.Q10-2O15 Projects descripts to TIP draft.doc Page 3
24. Mansfield Extensio~ ~ SR 27 to 1VTirabeau I'arkway -
This project wilr reconstruct Mans~'~eld Avenue and add ~curby gutfer a.nd
sidewalk east af Fines Rvad connecting to Nliraheau Parkvay. +Cast:
$23242,OOO, City ~hare: $448,000.
25. Sullivan Road (R'VV1CN vnly) - Euclid ta We11esley .
Th:is project will recanstruct Sullivan Raad frorn Euclfd ta We11esley. Cost:
K3 77,000. City share: $1,131,000.
26. Sullivan Road Nortb Extensian (Bigelow Gulch)
"This projeGt wi11 extend Sullivan Rvad nmrth of Wellesley Avenue to the City
lirnits vvith afive-la.ne a.rterial. This project is a part af the Spakane Caunty's
Bigelow Gu1ch Raad praject and wi1l be constructed by SpQkane County.
Cast: $55,400.
27. Trent (SR290) Twrn Laue - De1 Ray to Barker
T'his project will widen Txent Ave. between De1 Ray Rd. and Barker Raad to
provide a center tum 1ane. Cost: $532,000. City shares $133,000.
28. Park 1 Sprague Yntersection l'CC
This prayect will replace the intersectiQn wit~ Portla.nd Cerraent Concrete. ~
Cost; $15192,000, City share: $161,000.
29. Sullivan Corridor ITS. Broadway to 24th
This groject cansist~ of installing a traffic signal contral system far the
Sullivan Corridor from Broadvvay to 24th Avenue. Cost: $1,108,000. City
share; $ 150,000.
30. Citywide ITS Trmprovemenfs
This project consists af installing a traffic sipal control systems for
Ev~rgreen (Brvadway to 16t'), Broadway @ Argonne11Mul1an, and Sprague
(Bovvdish to Su11ivan). Cvst; $3,700,000. City share. $500,000.
31. Evergreen 132 nd to 16t°' to 32~a9 Evergreen tv 5R-27
This project wi1Y areconstruct Evergreen Road frQm 32nd Avenue fa 16t'
Avenue to atl-iree-1ane urban section. Cvst $7;447,000. City share
$1,005,000.
+C:1Dncuments and Settingstcacvstal'Local Settingffemporaty Intemet Fi1esOClLK412010-2015 Projects descripts to TTP draft.d4c Page 4
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_ _ ~ . DRAFT
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2010 - 2015 Six Year
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.
Transpvrtat~on Improvement Program
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ar~aft 201 ~ - 2015
000 Sp7mme Six-Year Transportativn Improvement Pr~~~~~~
~Da11ars in Thousands
-6~1 Fund6ng
PcQjectl Description 1 Curremt Status Length PE RW CIV Tota1 Saurces 2010 2011 2012 2013 2014 2015 Tota1 I
0,1 0 0 408 407 BR 339 339
~ B~rker R~a~ Bri~ge, city 55 55
s
ather 13 13
Replace bridge #5503 @ 5pokane River
Funtling Secured - City funding for Contingency, City Project #0003
Praject Total 407 407
2 Broaduuay Ave 180 ft E. of Moore to FPora 0.73 a 0 2,465 2,465 G4 68 s$
S UAP 1,749 1,749
pevelop 646 648
ers
Reconstruet & widen B roatlway to 3-Iane section,18Q fit E. of Moore to Flora
Funding 5ecurecf (TIB#9-E-208(OQ1)-1), City #0088
Project TQtal 2,465 2,465
3 Park Ro~ad - # 2(PE !OnPy)- Broadway to Indiana, 0.75 246 o 0 aas city, 34 34
STP(U) 292 292
S
Prnj. #2 - Reconstruci and widen to 3 lanes wilh hike lanes and sitlewalks.
Funding Secured (SRTC 06-11), C4 Project #0069
, Project Total 246 246
4..Broadway Avenue Safety Project- Pines(SR-27) 3 0 o ssa 834 cNry 167 167
S to Park uaP 667 667
ADA & Slydping ImprQVesnents to reduce accidenis along Broadway Corridor
I
Funding Secured (TIB 8-3-2008(003)a1), City Praject #0063
Project Tntal 834 834
Projects and timeframes identified in fhe TIP are to be considered estimatea only ihal may change due to a variety of circumsiances, ani
are Rot intended by the City to he relied upon hy property owners ar developers in making deveIQpmenf decisions.
61312009 page I
~ Dra~~ 2010 .,r5
c~~'ti ,
' Six:~Year Trans~~ortatoon Imprnvement P~ogram- -
; v ~ ~ DoSlars in Thousands
Funding
Pra' Iect I Description ! Current Status Length PE RW CN `Tatal Sources 2010 2011 2012 2013 2014 2015 Total
~ ,
. o._ ' ,.._:___,._i,~.- . r._a~a: .._...,..i-: i,i......_.,,,._....,. ~.._.r-".,....,, t.,..,,...__, _ . . . . . . . .
5 Bndlana aVE EXten5N011 ~ 3600' efa Sullivari.Rd ta 0.4 0 0 1,874 1,874 IICP 1,410 1,410
S. & Flora City 264 2~64
f~issi~n .
Develop 200 200
ers '
Ectend 1ndiana Ave wilh a ihcee lane section to a Raundabvut at MissivnlFlora
Funding Secured TI8 9-E-208(002)-1, Gity Project #0112
PrvjectTotaC 1,874 1,874
6 Argonne. Road -190 to Trent, 0.38. 76 500 713 1,289 City 77 101 178
S CMAQ 499 612 Revise Signal Phasing, Adtl NB Right Turn Lane at Montgomery, Intersectians lrnprovements at Knox
Funding Securetl (SRTC 06-31), Ciiy Project#0DG0
. Project Total 576 713 1,289
7 BroadwayJSullivan lnterseGtion PCC 0 120 ~ 1;110 1,230 Cityr 253 253
STA 977 977
S
Replace asp'half pavement with portland cement concrete pavement.
Funding secured - STA 0.3% sales tax levy appravetl, City Project #0114
Project Total 1,230 1,230
8IndianalS'UIlivan InterseGtion PCC a 126 o 1 ;216 1,342 ciry 275 2rs
5 sra 1,067 1,067
Replace asphalt pavemenf with partland cement eoncrete pavement.
Funding secured - S7A 0.3°lo sales tax levy.approved, City Project #0113
Project Total 1,342 . 1,342
Prvjecls and timeframes identified in the TIP are to be consideretl estimates anly that may change due io a variety of circtimstances„ ani
are not intended by the City to be relied upon by properfy owrsers ar developers in making devel4prnent decisians.
61312009 Page 2
Qraft 201 0- 2!01 5
S~~e e Six-Year Transportation Improvement Program
Dollars in Thousands
_ Funding
Project IDescriptiora ! Current Status tength PE RW CIV Tatal Sources 2010 2011 2012 2013 2014 2015 TotaR
. r , . p . , . . . _ .r . . . . . _ r . . . . . , , . , . , r . . . . ,
9 Sullivan-Raad (PE only)- Euclid to Vnlellesley 1 595 0 0 596 ciry 40 40 80
STP(U) 258 258 516
S
Recvnstruct arteria9.
Funding Secvred (SRTC 06-12), Cily Project #0070
Project Total 298 298 596
10 SullivanlSprague lntersection PCC 0•1 210 Q 1,468 1,678 City 933 933
STP(U) 745 745
S .
Replace rutted asphalt pavement with portland concrete cement.
Funding Securetl (SRTC 06-6), Cify PrQjeet #ODfiS
Project 7atal 1,676 1,678
11 pavement Management Program Local Access ID 1,200 0 10,800 12,000 Gity 2,000 2,000 2,000 2,000 2,000 2,000 12,000
P
Annua1 street preservation projects
Prnject Tota! 2,000 2,000 2,000 2,000 2,000 2,000 12,000
12 Pavement Management Program - Arterials o 2,400 0 21,600 24,000 City 2,000 2,000 2,000 2,000 2,000 2,000 12,000
P Other 2,000 2,000 2,000 2,400 2,000 2,004 12,000
Fed
Annual street preservation projects per PMP Project Tota1 4,00O 4,000 4,000 4,000 42000 4,000 24,000
Projecfs and timeframes identified in fhe TIP are to be considered esiimates onEy that may changa due to a variety of circumstances, anf
are not intended hy tha Gity to be relied upon by property owners vr developers in making development decisions,
61312009 Page 3
Draft 2010 °
016&&~w ~S'ix-Year Transpvrt8tion-improvement Pragrar~
v -l Dollars in Thousands FGndin
t! Descriptian I Currerrt Status Length RE R11V CN 'TaWl Sources 2010 2011 2012 2013 2014 2015 Tatal
Psojec ~
. Z „ . . ~ . _ - . 9.. . I
T- . ~ ,
_ _ ....x,.,, , . , " . _ . 1.,,. ,
k......_.r.....,...~,..,...,...._. .
13 S7EP Paveback a 0 Q 4,300 4,300 City 3,047 659 3,698 .
sW 496 106 602
P
Fu11-width, pauing and drainage associatecl wilh Spokane County's STEP
City Funds
Project Total 3,543 757 4,300
14 P'ines Cvrridor-ITS: 5prague to Trent 2.26 222 250 1,609 2,081 City. 280 280
5 CMAQ 1,801 1,801
Traffic 5ignal Confrof System for CorrEdor
Furrding 5ecured (SRTC 06-26), Cily Project #0061
Project Tatal. 7,081 2,081
15 5.ullivan Road. West Bridge 0.08 1,370 100 73,0013 14,470 BR 588 588 5,200 5,200 11,576
Fi' City 147 147 1,300 1,300 2,894'
Reconstruct and widen wes# bridge
Project Tatal 735 735 6,500 6,500 14,470
16 Missoon Ave: =Flora to Barker 1 649 300 4,967 5,916 Ciry . 128 671 799
p " STR(U) 821 4,296 5,117
Recnnstruct & widen to 3 fanes
Ciry Project #f}123 Project Total 949 4,967 5,916
, Rrojects and iimeframes identified in the TIR are io be cansidered sstimates only that may change due io a vanely of circumstances, ani
' are not intended 6y the City to be relied upon by praperty owners or develQpers in making deuelopment decisions,
61312009 Page 4
Draft 201:0 - 2015
a~
spDlle Six-Year Transpo rtation Frnpravement Pragrar~
v~~~] oollars in Tl~ousands F,Wnaln ~.7 9
T
I
t! Descri t' ~on 1 C rrent W CN Tota ources 2010 2011 2012 2013 2014 2015 Total
. , ~ .
Pralec p Status Length PE R .
u
17 Par.k.Road -#2 (CN Qnly)-'~roadway to Indiana o.7~ ~ ~,p~D 4,7~9 ~,709 City 262 509 TT1
p S7P(U) 1,680 3,258 4,938
Proj, #2 - Reconstruct and widen fo 3 lanes with bike lanes and sidewalks.
Project Total 1,942 3,767 5,709
18 Bowdish Road - 32nd to, 8th 1.52 1,017 500 1,782 9,299 City 116 89 1,051 1,256
p, STP(U) 74$ 566 6,731 8,043
Reconstruct & widen tu 3-1ane roadway
Giry Prvject #0 121
Projeck Total 862 655 7,782 9,299
19 Park Road*- Bridging the Valleyl BNSF Grade 0.2 900 2,000 6,810 9,709 city 31 90 786 407
p Sepal'a#IDtI FM51B 227 651 2,061 2,939
Other 364 1,045 3,308 4,717
Fed
Reconstruct Park Road to separate Ihe grades af Park Road and the BNSF raiEroadtracks. Qther- 37 104 330 479
RR
UCP 91 260 824 1,175
"Q#her° Funding from BNSF RR
Project Tota9 750 2,150 6,809 9,709
20 SaIteSelSullivan Signal 24 0 226 250 City 62 62
P Spa. Ga, 25 25
Develap 163 153
ers
fmprpvements to lntersection
In Goordination wl5pokane County
Project Total 250 250
Projecis and timeframes identiied in 1he TIF are to be considered esiimates vnly that may change due ta a variety of circumstances, ani
are nofi intended by the City io he relied upan by properiyr nwners or developars in making developmenk decisions,
61312009 Page 5
~
~ D'~af~ 2'~'~'' -
~
~ .
.'~~~~~I'le Six-Year Transpor~~~~on Improve ment Prograr~
Valley Dollars in Thausand5 Fundin
g
,..,Y t5tatus 2010 2411 2012 2013 20'G4 t}15 Total
. .
Length ~E RW GI~ Total . ~nurces L. . .
jec# 1 aeser iption ! Curren . - _ ~
Pro ,.T:1
.
. .a _...:s.., . ,_s _ .
21 S;prague 1Barker Traffic Signa9 0 50 25 370 445 city 15 74 $9
p DeveCop sD 296 356
ers
Install Traifc Signal
Projecf Totaf 75 370 445
22 Appleway Extension - University to Evergreen 2.02 205 0 a 205 city 64 sa
P STP 13S 138
W5D0T 3 3
Extend ApplEway Blvd. vrikh a multi-fane facility including curbs and sidewalks. UCP
Qther
5ecured STP(U) ($4.2 m'sl), lNSDaT, City Project 99073
Project TQtal 205 205
23 gamker Road - App9eway to Braaduvay Avenue 0.26 259 o 0 259 city 52 52
P C7AP 207 207
Reconstruct to a 3-lanc arterial with center turn lane Eram Appfeway 10 Brvadway Ave.; realign Braadway easf of Barker
ProjectYotal 259 259
24 Maf1SfiBld ExtEtls10'f1 - PInF:S(SR27) tp 300=ft East 0.21 113 255 0 367 eiry I 73 73
p of Hauk Rd uAP I 294 zsa
Construct 3-lane arterial frum Pines 90Houk, Camplete Gap
Project Total 367 367
Projects and timefaames idenlified in Ehe TIP are ta be cQnsid'2red esfiimat2s only that may change due fa a variely of circumstanees, ani
are not iniended hy 4he City to he relied upan b,y prflperty owners or tlevelapers in making developmenl decisions.
6r3i2009 Page 6
araft 2010- 2015
s ~~e
Six-Xear Transpvrtation Imiprovement Prog~ram
,;oww- 1ey- Do!lars in Thousands Fundin
g
PKOaect! Description 1 Current Status Length PE RIN GN Total So~~ces 2010 2011 2012 2013 2014 2015 Total
25 Sulrivan Road (RW!CN ~only) - Euclid to W'elPesley 1 D aoo p 400 ctry 54 54
P STP(U) 345 346
Reconstruct urban arteriaL
Project Total 400 400
26 Sullivan Road North Extension (Bige'Iow Guich) 0.25 n 1 54 55 ~ity 55 ss
P
Reconstruct and widen the Sullivan Road extension norfh a1so knawrn as Bigelaw GuEch Road to a 4-iane roatlway vrith
8-fovt shaulders and a 12-foof iwa way !eft turn lane.
Project Total 55 55
27 Tren# (SR290) - Del Ray ta Barker Turn Lane 0.28 71 0 461 532 cily 133 133
Develop 399 399
P ers
WidenTrent from Barker to Del Ray to accommadate Tuming traffie movements ,
Project Total 532 532
2$ Park ! Sprague InterSection PCC 0 138 m 0 138 City 19 19
p STP(P) 119 119
Rec4nstruc# Intersection in PCG
ProjectTotal 138 138
Pmjects and timeframes identified in the TIF are 3o be considered estimates only that may change due to a variety of circumstances, arn
are not intended 6y the City to be relied upon by property awners or developers in making development decisions.
61312009 Page 7
Draft 2p10 _ 5 ~
ciTL
SPO&M ~ox- ati~anIo~prave-ment P~~ogram '~~~r Tr~~s~~►~
,
'~Dflllars.in Thousands
Funding
Projectl Aescription 1 Current Status Length PE RVIf CN Total Sources 20110 2011 20~2 2013 2014 2015 Tatal
- - - s,r.. . .e~ . . . . ....az. s r _ . , . ,
29 Sial'livan Rd" 13S-, Broadway to 24th o 122 100 886 1,106 Giry. 150 150
CMAQ 956 958
P
Eciend Traffic Gontrvl System for Gorridor
Projeet Tatal 1,l08 1,108
30 Coty.wcde ITS Improvements 0 450 250 0 700 Ciiy: 95 95
p CMAQ 605 605
Trafiic Control Systems Upgrades throughout City: Evergreen(Broadavay fo 16th), Broadway@ArgannelMullan,
5prague(Bowdish io Sulliuan)
_ Project Tatal 700 700
31 Evergreen132nd -16th to 32nd, Evergreerr to 1.25 815 400 0 1,215 City 164 964
STP(U) 1,051 1,051
p SR-27
Recanstruct & Widen to 3 lanes City Project 90 124
Project Total 1,215. 1,2115
Totals: 11,3+7 6,081 87,562 105,120 20,493 11,533 14,506 17,922 22,507 18,158 105,119
Rrojects and 3imeframes identified in ihe TIP are io be considered estimates dnly thst may change due to a variety of circumstances, an,
are not intended by the City to be relied upon by property owners ar developers in making development decisions,
613l2009 Page 8
Qraft 201 0-2Q1 5
ern
Six-Year Transpvrtation 1mprovement Program .
'y .
Six-aear Transportation Bmprovement Praqram Totals
Secured Projects Pl'anned Projeets Tvtals
Year Federal.. State Dther Ciiy Total Federa1 State Other City Tataf Federal 5tate ather City 7o#aC
2010 $2,053 $3,826 $2,905 $2,166 $40,950 $2,000 $0 $0 $7,543 $9,543 $4,053 $3,826 $2,905 $9,709 $20,493
2011 $2,671 $0 $0 $421 $3,092 $3,409 $0 $0 $5,032 $8,441 $6,080 $0 $D $5,453. $11,533
2012 $0 $0 $0 $0 $0 $9,310 $0 $0 $5,196 $14,506 $9,310 $0 $0 $5,196 $14,506
2013 $0 $D $0 $0 $0 $11,388 $318 $225 $5,991 $17,922 $11,388 $318 $225 $5,991 $17,922
2014 $4 $0 $0 $0 $0 $14,976 $911 $154 $6,456 $22,507 $14,976 $911 $164 $6,456 $22,507
2015 $0 $0 $0 $0 $0 $8,525 $3,369 $1,025 $5,219 $18,158 $8,525 $3,389 $1,025 $5,219 $18,158
TOW $4;724- $3,826 ° $2,905 $2,587 $14,042 $49,608 $4,618 $1,414 $35,437 $91,077 $54,332 $8,444 $4,319 $36,024 $405,119
Projects and kimeframes idenfified in the T1P are tv he considered estimates only thaf may change due to a variety of circumskances, anr
ate not inte6ded hy the Ciiy to be relied upon by property owners or alevelopers in making devefapmeni decisions,
6I4l2009 Page 1
City of Sp~k-a-ne Va- 19ey
Depaftent of Public VIJorks
Six Year Transporta#ifln Improvement Prvgram
Projects w1 No Currently ldentifed Local Match Within Existing Resources
Clallaes in Thousands
Project Halne Desorllptl~ ~~tal Gat
32nd Avenue - Evergreen tv Best Reconstruct and widen to three lanes ►nrith curbs - $2,237
and sidewalks.
8th Avenue Phtase 1- Carnahan to Recvns#ruct 8th Ave. to a three-lane sectiora with $3,483
Havana eurb, gutter, sidewafks and bike lanes.
8th Avenue Phase 2- Park to Dickey Recanstruct $th Ave. to a three-lane section with $5,120
curb, gutter, sidewalks and biKe lanes:
8th Avenue Phase 3-❑ickey to Reconstruct 8th Ave. to a three-lane sec#ion wi#h $4,567
Camahan curb, gutter, sideWalks and.hike lanes.
App1eway Extension - Evergreen to Extend Appleway Blvd. with amulti-fane facility $13,219
Tshirley including curbs and sidewalks.
Barker Road - Spakane River to Trent Reconstruct to a 2-lane curbed ar3erial $6,530
Broadway Ave - Flara to Barker Recortstruct to 3-fanes, Flora to Barker $E,824
Carnahan Truck Lane - 8th to Cify Add SIB truck Lane to road - $5,973
LimitS,
Euclid Avel Flora Rd - Fiora Euclid to Recanstruct to pravide a 2-lane, s'houldered $5,408
Euciid, Euclid Flora to Barker arterial
Park Road -#3 - 5prague to Recoris4ruct and widen to a s#andard three-fane $4,244
Broadway arteria1 street with curbs and sidewalks
Pines Corridor ITS: Sprague to 16th 7raffc Signal Gontrol 5ystem for Carridor . $785
SR27JPinesP16th Intersectian Impravements to intersectian (Dual 9ane $3,189 Raundabout)
Llniuersityl5prague Intersectian PCC Replace asphalt pavement with pvrtland cement $1,842
concrete pavement.
Kiernarr &Sulliuan PCC Recanstruct Intersectivn in PCC $1,35D
8roadway @ ArgonnelMullan Reconstruct intersections in PCC $1,556
Iritersec#ians f'CC
Flvra Road - 5prague to MisSion Reconstruct 8. widen to :3-lane roadway $5,175
Barker Road - 8th to Appleway Recanstruct to 3-lane roadway wl center turn $5,475
lane, sidewalks, curb & gutter and s#orm►rvater Tatals: $76,$77
Rrojects and tirneframes €dentified in the TIP are to be considered estimates anly that msy changa due to a variety of circumstances, and are not
- intended by the City to be relied upon by properfy owners ar deuelopers in making develflpment decisions. _
7uesday, Nlay 26, 2009 Page I Qf I
City of Spokane Va11ey
Department of Public Works
Six Year Transpor#ation fmprovement Program
20
palars in Thousands
2019
KW# h"t NM Prbw ry M" C"Amuat ToW A■ant
1 Barker Road Bridgs, BR 55 407
2 Broadway Ave 180 ft E. af Moore to Flora UAR 68 2,465
3 Parit Road - # 2 tPE Oniyy Broadway to Indiana, STP(lJ) 34 246
4 Broadway Avenue Safiety Prrajec# - Pines(SR-27) UAP 1+67 834
#o Park
5 Indiana Ave ExUension -3fi00' elv Sullivan Rd to UCP 264 1,874
Mission 8 Flora
6 Arganne Road -190 to Trenfi, CMAQ 77 576
7 BraadwaylSutfrvan Intersec#ian PCC STA 253 1,230
8 Indiana/Sullivan intersec#ion PCC STA 275 1,342
9 Sullavan Road (PE anly)- Euclid to We1lesley STP(U) 40 298
10 SullirraNSprague Intersectian PCC City 933 1,618
11 Pawement Management Frogrsrn - Loca1 Acoess City 2,000 2,000
12 Pavement Management Program - Artenals Other Feti 2,000 4,000
13 S7EP Paveback City 3,543 3,543
2010 Totsis: $9,709 $20,493
2011
iton # "~W NM RMM SKM My MM Tatal Aan#
6 Argonne Road -!90 to ?rent, CMAQ 101 713
9 Sulrivan Raad (PE only)- Euclid to WelEesley STP(U) 40 298
11 Pavemerrt Management Program - Lacal Access City 2,000 2=000
12 Parrement INanagement Program - Artedals Other Fed 2,000 4,000
13 STEP Paveback City 757 757
14 Pines Gorridor ITS: Sprague to Trent CMAO 280 2,081
15 Su1fiivan Road V"tirest Bridge BR 147 735
16 Mission A►re. - Flora #o Barker STP(LJ) 128 949
2011 Totals: $5,453 $111.533
2012
ltem #P11*at Mame PMM 8oM Cty AmOUrt Tatal MRM
11 Pavement Management Prog►arn - Local Acaess City 2,000 2,000
12 Pavernent Management Pfagram - Arterials ather Fed 2,000 4,000
15 Suliivan Raad 11Vest Bridge 8R 147 735
16 Mission Ave. - Flara #o Barker STP(U) 671 4,967
17 Park Road -#2 (CN Qnly)- Broadway to Indiana STP(U) 262 1,942
18 Bowdish Road - 32nd to 8th STP(U) 116 $62
2012 Totals. $5,196 $14,606
Prcjectg and timeframes identtFied in the TIP ara to be considered est3ma4es anly #hat may chan$e due to a vadety afi clrcumstaness, and are nct
4ntended by lhe Cfty to be relied upon by property ownera or deveCapers in ma1ting development decisions.
Added ProJacts sro Rhown In Green Rescnerlulec9 Projeet:s snnwn In Orange Funded Prlects 8re ahawn In B1ue
Wednesday, June 03, 2009 Page 1 af 2
2813
ftw # Prw NM PriM iarae qty Aniouit Tetel Amomt
11 Pavemerrt Management Program - Local Access City 2,000 2,000
12 Pavement Management Program - Arterials Other Fed 2,000 4,000
15 Suliivan Road West Bridge BR 1,300 6,500
17 Park Road -#2 (CN Only)- Broadway to Indiana STP(U) 509 3,767
18 Bowdish Road - 32nd to 8tfi STP(U) 89 655
19 Park Road Othe; Fed 31 750
Separation
20 Saltese/SL DevE!opers 62 250
2013 Totals: $5,991 $17,922
2OU
fteip # "eCt Name PrV'y tolM Clty NmN Total Amouit
11 Pavement Management Program - Local Acoess City 2,000 2,000
12 Pavement Management Program - Arteria{s Other Fed 2,000 4,000
15 Sullivan Road West Bridge BR 1,300 6,500
18 Bowdish Road - 32nd to 8th STP(U) 1,051 7,782
19 Park Road - Bridging the Vailey/ BNSF Grade Other Fed 90 2,150
Separation
21 Sprague 1 Barker Traffic Signal Developers 15 75
2014 Totals: $6,466 $22,507
2015
Ro # PraOt Nam Piiaary iarce qty AwM TaW AMant
11 Pavement Management Program - Local Acoess City 2,000 2,000
12 Pavement Management Program - Arterials Other Fed 2,000 4,000
19 Park Road - Bridging the Valley/ BNSF Grade Other Fed 286 6,809
Separation
21 Sprague / Barker Traffic Signal Developers 74 370
22 Appleway Extension - University to Evergreen STP 64 205
23 Barker Road - Appleway to Broadway Avenue UAP 52 259
24 Mansfield Extension - Pines(SR27) to 300-ft East UAP 73 367
of Houk Rd
25 Sullivan Road (RW/CN only) - Euclid to Wellesley STP(U) 54 400
26 Sullivan Road North Extension (Bigelow Gulch) City 55 55
27 Trent (SR290) - Del Ray to Barker Tum Lane Developers 133 532
28 Park ! Sprague Intersection PCC STP(P) 19 138
29 Sullivan Rd ITS, Broadway to 24th CMAQ 150 1,108
30 Citywide ITS Improvements CMAQ 95 700
31 Evergreen/32nd - 16th to 32nd, Evergreen to SR- STP(U) 164 1,215
27
2015 Totals: $5,219 $18,158
Projects end timeframes Identified in the TIP are to be conslderod estmates only that mey change due to a variety of circumstances, and are not
intended by the City to be relied upon by property owners or developers in making development decisions.
Added Projects are shown in Green Rescheduled Projects snown in Ofange Funded Projects aro shown fn Blue
Wednesday, June 03, 2009 Page 2 of 2
CITY OF 5POK4NE 1!'14LLEY
~ Request for ~ouncil ►Action
Meetin~il Date: 06-09-09 Gity Ma~ager SignGaff:
0tem: 'Check aI~ that apply: ~ eonsent ~ old bus6ness new busine~s ,public hearing
❑ infvrmafian ❑ admin, repart ~ pending 9egisEatinn
►4GENDA ITEM TITLE: APprvval vf the Fo1lowing Vauchers:
va~CBER LIsT ~ WNOU~HER NvMBERS: ~ Tc~~AL ~~OUNT
May 21, 2009 #1.7393-17433 ~ 567, 124.8 1
May 22, 2009 # 1.7434-17463 ~ 110,513.74
May 28, 2009 #17465w17508, 526090026, 526490027, 1 ,71. 103.09
528090{]46
May 29, 2009 ~ X 7509-175 13 3,569,97
May 29, 20:0,9 17514-175 x S 4,560.00
GRAND T+aTAI.r I V,396,791.61
~~COMMEN'DE'a ACTIiDN OR MOTION:
P►pprove c6aims for wouchers as listed above.
BUC]GE7'1F1NANCIAL lM'P'ACTS:
STAFF CONTACT: L7sa Clornbs, AcGounting Technician
ATTACHMENTS Vvucher LASts
.
i i
vehfist 1Iaucher Last Page: 1
0512112009 2:09.11OPM 5pokaneValley
Bankeode: apbank
Vaueher Date Vendor Invoice PO # [7escriptionlAccount Amount
97393 5l2112009 001973 THE MAST'ERS TOUCH, LLC A91929 POSTAGE#01D3 675.27
Total : 675.27
17394 5f2112009 001E06 BANNER BANK 4458 , APR 09: PASSMQRE 2,209.02
1'otal : 2,209.02-
17395 5121I2009 001606 BANNER BANK 4474 APR 09: THOMPSON 325A0
To#aI : 325.00
17396 512112009 001606 BANNER BANK 2682 APR 09: MERCIER 103.90
7atal : 103.90
17397 512112009 001606 BANNER BANK 0620 APR 09: DENdPSEY 282.00
Yvtal: 282.00
1739$ 5I21I2009 001606 BA9VNER BANK ' 0638 A'PR 09: GQTHMANN 265.00
Tota9 : 265.00
17399 512112009 001606 BANNERBANK 4342 APR 09: DENENNY 250.00
Tmfa E : 250.00
17400 5i21l2009 001606 BANNE'R 6ANK 4359 APR 09: TAYLOR 270.00 Total : 276.00
17401 512112009 001605 BANNER BANK 4375 APR 09: SCHCENMELS 250.00
Tatal : 250.00
17402 512312009 001606 BANNERBAfVK 4383 APR 09: WILWITE 265.00
Tfltal: 26$.00
17403 5l21f2009 000958 AAA SUIIEEPING, LLC 42374 42271 VACTORCNG SERVCCESe PW 305.52
42375-A 42267 S1NEEPBNG CONTRACT: PVII 102,102.90
Total : 102,408.42
17404 512112009 001685 A1CPA Memb2rship SAYDEE WILSaN #4843295 200.00
Total: 200.00
Page: 1
vchlist Voueher Li5# Page: 2
0512112009 2:09:10RM Spokane Vafley
Barok cvae : a,pbank
Voucher aate Vendor Gnvoice PQ # DescriptivnlAccount Amount
17405 512112009 001972 ALL PHAZE INSTRUMENT " SUPPL.Y 5032 ENGINEERING 5LIPPLIES: PW 126.80
Total : 126.80
17406 512112009 001012 ASSf7C BU51NESS SYSTEMS 12021$ SERVICE: PERM1T C`fR 135.88
2ataG : 135.88
17447 512712009 001816 BENTHIN 8c ASSOCIATES 1401 42143 BROADWAY AVE #0088 4,272.00
Tota l : 4,212.00
17405 5121f2449 001938 BERGERIABANE ENGINEERS ING 15249 PLANNING SERVICES: CD 11,422.88
Total : 11,422.88
17409 512112009 000796 BllDfNGER & ASSOC INC M08134-5 42170 soIL rEsriNC #0075 501.40
M08218-4 42110 BARKER RD BRfDGE#0QD3 5,253,67
M09065-1 42343 BROADWAYIFANCHER #0067 1,995.04
P08355-5 42226 44TH AllE #0054 130.00
F49036-1 42316 BRQADWAY REHAB #0066 4,626.04
' P0903E-2 42316 BRDADWAY REHAB #0066 3,174.00
7'otal: 15,680.11
11410 512112009 001122 CAMERON-REIL.LY, LLC PMT#3 42344 BROADWAYlFAEVCEIER #0067 294,916.00
Total : 294,916.00
17411 512112009 001048 CITY PARCEL 4290079 CQLlREER SERVICE: Ca 18.22
Total : 18.22
17412 512112009 000957 COBALT TRUCK EQUaPMENT SR01663 REPAIRS: 40206D 304.03
ratai : 304.03
17413 5/2112009 009137 COLLIER, BRANT Expenses TRAVEL EXPENSES 18.18
Total : 1$.7$
17414 5/2112009 000490 DOEiIAN PHd70CRApHY STUDIO Refund REFl7ND pAMAGE DEPOSIT 52.00
Ta#aE : 52.00
17415 5121/2009 001333 EASYlIALLEY HS Refund RE!FUND DAMAGE DEPOS6T 200.40
Total : 200.00
Page: 2
vchiist Vaucher List page: 3
0512112009' 2:09:10PM SpakaneValley
Bank cnde : apbank
Voucher []ate Vendor Invoice PO # DescriptionlAccount Amount
17416 512112009 001447 FREE PRESS PUBLIShIING !NC 32084 6NVITATlO9V TO BID #00$6 134.40
Total: 134.40
17417 512112009 001975 HOLLIS'fER STIER Refund REFUND DAMAGE DEPO51T 2,800.00
Total : 2,800.00
1741$ 5121I2009 001979 FfUNDEBY, RNN Refund REFUNQ DAMAGE DEPOSCT 52.00
Total: 52.00
17419 5f2112009 001978 LEWIS, NANCY Refund REFUND DAMAGE DEPOSfT 200,00
Tvtal : 200.00
17420 5i2112009 000910 MANTZ, GLOR1A Expenses 7RAVEL EXPENSES 126.56
Total: 126.56
17421 5l2112009 000069 MERCIER, aAV1D Jun 09 JUN 09: AIJTO ALLd1NANCE 400.00
Tatal : 400.00
97422 5/21/2009 001974 N1CHOLS, AMAfVDA Refund REFL1ND DAMAGE DEPOSI7 209.00
Total : 209.00
17423 5121l2009 001258 ORB ARCHfTECTS INC. 21 41600 DESIGN QF POOL: TERRACE V1E1N 2,029.81
21 41609 DESfGN OF POQL-VALLEY MISSIOI 2,029.86
41601
Total : 4,059.73
97424 5121l2009 009579 PEPLINSKI EXGAVATION, 1NC. 360 CODE ABATEMENT: CD 5,731,21
Tofial : 5,731.21
17425 5121120[]9 000019 PLIRRFEC7 LOGOS, INC. 23609 VEHICLE MAGNE7S 107.61
Total: 101,61
77426 512112009 001659 RUEN-YEAGER & ASSnC INC 24245 42318 BRQADWAY REFIAB #0066 1,850.41
Tota l : 1,850.41
17427 5121I2009 007977 SIUMBELI, RIMMA Refund REFUND DAMAGE DEPOS1T 115.00
Tota[ : 115.00
Page: 3
achlist Voucher List page: 4
0512112009 2:09:90PM Spokane Valley
Bank code : apbank Voucher Qate Vendor 2nvoice PQ # DescreptionlAccount Amount
17428 512112009 001892 SKlLLINGS CONNOLLY INC 5902 42230 REAL ES7A7E SERVICES #0088 4,995.92
Total : 4,195.92
97429 5f2112009 001957 SK`(LfNE CQNTRACTflRS INC PMT #1 42364 VALLEY MIS510N #0076 107,823.15
Total : 107,823.15
17430 5I2112009 000001 SPOKANE CD TREASURER 41500943 APFi 09: ABATEMENT CREW 1,494.05
7atal: 1,494,05
17439 512112009 001973 THE MASTERS TDUCH, LLC A91928 POSTCARDS FQR #0103 504.30
Total : 504.30
17432 512112009 000038 WAS7E MANAGEMENT OF SPOKANE 0047513-1518-7 WASTE MGT: PW 2,466.16
Total : 2,466.16
17433 5121/2009 001686 UVSGPA CP,4 Membership SAYD E E WILSON #17340 205.00
Total : 205.00
41 Vouchers for bank cade : apbank Bank total : 567,124.81
41 Vouchers in this report Total vouchers ; 567,124.81 I, the undersigned, da certify under penalty af per]ur3'>
that the materials hav'e been furnished, the sexvices
rendered, or the labor perfoxmed as descxibed herein
and that the claim is just, due and an unpaid
obligatian against the City of Spokane Valley, and that I am authorized to authentacate and certify sai.d claim.
Fi.nance Director Date
Mayor Date
Council Member Date
Page: 4
vchlist VouCher LiSt Page: 1
0512212009 1:56:03PM Spokane Valiey
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
17434 5122/2009 000921 A TO Z RENTALS 146404-01 RENTAL OF A MANLIFT: CP 127.83
Total : 127.83
17435 512212009 001081 ALSCO LSP0609377 FLOOR MATS: PRECINCT 18.20
Total : 18.20
17436 5l2212009 000050 APA - INLAND EMPIRE SECTION 2009 CONFERENCE REGISTRATION 1,100.00
Total : 1,100.00
17437 5/2212009 000659 ASCE INLAND EMPIRE 2009 CONFERENCE REGISTRATION 150.00
Total : 150.00
17438 5122/2009 000030 AVISTA 410069444 UTILITIES: PW MASTER AVISTA 21,850.36
Total : 21,850.36
17439 5/2212009 000841 BCI CREATIVE INC 9225 WEB DESIGN: CP 95.00
Total : 95.00
17440 512212009 000918 BLUE RIBBON LINEN SUPPLY INC 9020759 LINEN SUPPLY: CP 397.90
9022643 LINEN SUPPLY: CP 365.04
S0062910 LINEN SUPPLY: CP 46.61
Total : 809.55
17441 5/2212009 000109 COFFEE SYSTEMS INC 3820:024094 COFFEE SYSTEMS 68.09
3820:025304 COFFEE SYSTEMS 180.74
3820:025642 COFFEE SYSTEMS: CP 221.00
Total : 469.83
17442 5122/2009 000743 CROWN MOVING CO INC 09-10065-911 MOVING EXPENSES 733.82
Total : 733.82
17443 512212009 000900 DEPT OF L& I 102652 ANNUAL CONVEYANCE:CP 109.40
Total : 109.40
17444 512212009 000912 DEX MEDIA WEST MAY 2009 ADVERTISING: CP 40.00
Total : 40.00
Page: 1
vchlist VouCher Li5t page: 2
~05122l2049 1:56:03PM Spakane Ifa1ley
Bank code : apbank
Voucher Date Vendvr Invooce Pa # DescriptionlAccount Amvunt
17445 512212009 044999 EASTERN WA ATfORNEY SVC, ING 25286 LEGAL SERVICE 40.00
Tota9: 40.00
11446 5122f2009 001846 ECOPVAN-DESIGEV 155 42171 LANaSCAPE ARCFiITECTURAt SV{ 20,19~1.23
163 42177 LANDSCARE ARCHIT'ECTuRAL SVt 21,500.90
Tata1: 41,692.13
17447 512212009 000106 FEDIEX 9-178-83018 ADMIN PQSTAGE 29.55
TotaE : 29.55
11448 512212009 000741 'HONEY BUCKETS 0937672 F~ONEYBUCKET RENTAL: PARKS 151.40
Total : 151.40
17449 512212009 000022 fIVLAND BUSINESS PRflDIJ'CTS, CNC. 56729 PWOTO 9DS: F3R 23.91
Tatal : 23.91
17450 5/2212009 001635 fSS FACILITYIEVENT SERVICES 20830 EVENT SVCS: CP 449.43
20908 NCON7HLY CLEANING: CP 7,136.00
20909 EVEh9T SVGS: CP 275.80
20942 EVENT S11GS: CF 104:41
20991 M'ONTHLY CLEANING: CP 1,136.00
20992 EVENT S11CS: CP 157.60
Tatai : 15,259.24
17451 512212009 001035 NENVORK DESIGN & MANAGEMENT 16825 QUARTERLY SEIVTINAL, 81LLING 1,047.00
Total : 1,047.00
17452 5122/2009 001536 NEW l1RBAN NEINS 2009 P1ANNING Sl1BSCRIFTnQN 69.00
Total : 69.00
17453 5122J2009 000008 NORLiF`f 55015373 CASTERS:CP 9.13
Total : 9.13
11454 5f2212009 000512 pFFIGETEAM 23743700 STAFFING SVCS: LASERFICWE 652.00
23743701 SYAFFING SVCS: LASERFICHE 552.00
Tatal: 1,304.00
17455 5f2212009 000322 QWEST 509-922-7091 060B PHONE SERVICE: NGISSCON PDOL 109.30
Page; 2
i i
WCh015t v[D' r LVSt ay4: 3
0512212009 1:56:03PM Spakane Valley
Bank code : apbank
Voucher Date Wendnr Invoice PO # DescriptionPAccount Amaunt
17455 5122f2009 000322 QWEST (Cqntinued)
509-926-1840 194B PHONE SERVICE: PK RD POQL 109.30
Total : 218.60
17456 512212009 000952 RECALL DESTRUCTION SVC 003901160601 DOCUMENT DESTRUCTION: CD 22.03
Total : 22,03
17451 512212009 000415 ROSAUERS 601058 CLEANING SUPPLIES: CP 16.50
Total : 16.50
17458 5i2212009 000323 SPOKANE CD UTILfTlE5 MAY 2009 SPQKANE CallNTY SEWER 1,283.20
Total : 1,283.20
17459 512212049 000406 SPOKANE REGIDNAL CVS 1932 APRIL 2049 L,qDGING TAX 19,666.67
` TotaC : 99,666.67
17460 512212009 000093 SPOKESMAN-REVIEW 42365 ADVERTfSING: VARIOUS 1,701.36
Total: 1,701.36
17461 5122I2009 001~0$3 STANDARD PLBG NEAT1NG CONTROLS 26315 ti APRlL 09 MAINTENANCE 506.63
Tatal : 506.63
17462 5I22I2009 000257 57ATE Al9DIT(?R'S OFF1CE L77132 AIJDITORS 11.00
Total: 11.00
17463 5122I2009 000663 THE SEATTLETIMES INC. 54441015 ADVERTISING: PW 1,958.40
7otal : 1,958.40
30 Vouchers for bank code : apbank Bank tatal : 110,513.74
30 1#ouchers in this reqort Tatal vouc'hers : 110,543.74
Page: 3
ychlist Voucher List page: 4
05122r2009 1:56.03PM spakane vaiiey
Bank code : apbank
Voucher aate Vendor lnvaice Pa # DescriptionlAccnunt Amnunt
I, the undersigned, do oertify under penalty of perjury,
that the materials have been furnished, the services
rendered, ar the labor performed as described herein
and that the claim is just, due and an unpaid obligafion
against the Gity of Spokane Valley, and that I am
autharized to authenticate and certify to said claim.
Finance Director Dafe
Page; 4
,
I
vchlist Voucher List Page: 1
0512812009 4:19:42PM Spokane Valley
Sank cvde : apbank
Vatrcher Date Vend4r fnvoice PQ # DeSCrIpt90nIACCQlll1t Amvunt
17465 5J28f2009 000648 ABADAN 128431 FLANSISPECS #0098 396.37
Total : 396.37
174E6 5I2$12009 O01012 ASSOG BUSIlVESS SYSTEMS 120217 SERViCE:'PERMIT CTR 135.88
Total : 135.66
17461 512812009 001606 BANNER SANK 5579 APR 09: GRIFFITH 1,825.90
Yotaf : 1,825.90
17468 512812009 001950 BEN MERQOWS 1013387197 42354 STaRM WATER SUPPL1ES 676.48
TofiaG : 676.48
17469 5128f2009 000168 BIACK BOX NET41Vf]RK Si/C 961874 SERVICE CALL 3~23.38
Tmtal : 323.38
17470 512812009 001985 BRUCE, 7ERESA Refund RF-FIJND DAMAGE DEPOSIT 209.00
To#al : 209.00
17471 5f2812009 000379 CITI' QF SPOKANE VALLEY 6708 PET'fY CASH REIMEURSEMENTS 2.00
6113 PETTY CASH REIMBlJRSEME!NTS 3.37
6115 PETTY CASH R'EiMBURSEME'NTS 17.50
6716 PETTY CASH RE1MBURSEMENTS 0.75
Tmta f : 23.62
17472 512$12009 000035 CORPC7RATE F-7CiPRESS 203927970-001 42376 KITCHEN SUPPLIES: 0PS 459.80
42378
Total: 459.80
17473 5I28f2409 000683 aAVID EVANS & RSSOGIATES 271350 PLAT REVIEIN SlIC: CD 2,522.50
Tntal : 2,522.50
11474 512812009 001717 DAVIS, JENNIFER Expenses TRAVEL EXPENSES 332.50
Total : 332.50
17475 5/2812009 000278 QRISKELL, CARY Expenses TRAVEL EXPENSES 170.46
Mileage TRAVELE7CPEN5ES 66.00
. Page: 1
vchlist Vou~~~er List Page: ti
0512812009 4.19:42PM Spvkane Valley
Bank code; apbank
Wovchex Date 11endor @nvmice PO # DescriptionlAccount Amount.
17475 512812009 000278 000278 DRfSKELL, CARY (Continued) Total : 236,46
17476 512812009 001701 DUFFEY, DAN Expenses TRAlIEL EXPENSES 50.10
`Cota6 : 50.10
11477 5f2812009 001984 EATC1N, JESSfCA Refiund REFIJND DAMAGE DEFUSIT 52.00
Total: 52.00
17418 5128f2009 000106 FEDEX 9-195-12949 SH1PPING CMARGES#0aa5 63.30
Total: G3.30
17479 512812009 001263 INLAND NW JUICE PLUS ASSC}C. Refund REFUhID D,4MAGE DEPOSIT 52.00
Total : 52,00
37480 5l2812009 00038$ fRVIN WATER QIST. #6 067900.9 PINESIMANSFaELD WATERti`0OU5 12.00
0E1900.2 PINESIM,4NSF1ECD WATER #0005 12.0(}
06790[},3 PfNES1MANSFIELD WATER #0005 22.50
Total: 4G.Sa
17481 5128l2009 400265 JACKSON, MfKE Expenses TRAVEL EXPENSES 281.38
Total: 281.38
17482 5I28f2009 001987 ,9ENKINS, ART Expenses TRAVEL EXPENSES 474.17
Tota9 ; 474,71
17483 512812009 001649 KILGORE CONSTRUCTION 1NC PMT #11 ROQL UPGRADES 154,338.78
Totai : 154,338.78
17484 5128I2009 001021 1rARSQN°S DEMOi.ITION, INC. PMT#3 42227 FINRL FAYMENT#0072 5,137.72
Tatal: 5,137,72
174$5 5l2812009 000252 LOWE"S BUSINESS ACCOUNT 02934 MAINTENANCE SUPPLfES: CP 15.62
10871 MAINTENANCE SUPPLPES: CP 23.74
14306 MAINTENA4VCE Sl]PPLCES: CP 69.50
Total : 108.86
17486 512812009 001581 MCCLUNG, KATHY Expenses TRAVEL E(PENSES 35,95
Total : 35.95
page: 2
vchlost VoUCheC LIS# Pa9e:
3
0512812006 4:19:42PM Spokane Valley
Bank code ; apbanCt
Vriucher T3ate Vendor Invoice PO # aescriptionlAccount Amount
174$7 512812009 000696 M17EL NETWDRKS, INC, CfO BLACK BD; 92529560 42368 PQVIIER SUPPLY FDR IP PHONE 178.38
9259559 42367 MEMORY UPGRADE FOR MITEL A-f 193.E4
Zatal : 372.22
17488 512812009 000652 OFFfCE DEPDT INC. 412179435-002 PARTITCON HANGER: FIN 15.95
474130506-001 42377 OFFICE SUAPLIES: EXECILEGlS 20,54
474130580-001 42377 OFFICE SUPPLIES: E7tECILEGiS 60.30
414213414=001 42369 OFF1CE SUPPLIES 277.40
4742134E9}001 . 42369 OFF1CE SUPPLIES: LEG 75:40
474273471E001 42369 OFFICE SUPPLIES: PW 29.34
474280028-001 OFFICE SUPPL1ES: FIN 58.71
4745o1oss-aaa 42369 oFFicE SUPPLiEs: Pvu 230.65
474810877e001 aFFicE SUpPLiES: BiNG - - -20.o2.
474943578-001 42375 OFFfGE SUPPLIES: OPS 117.79
Tataf : 906.10
17489 512812009 001334 OLYMPIC F(3llNDRY INC. 0000195657 42361 STORM WAYER - GRAT'E COVERS 951.30
7otal : 951.30
17490 512812009 001976 PHILLIPS,JACKIE Refund REFUND SIJMMERDAY~CANBP 100.00
Tota1: 100~.00
17491 512812009 001954 Pl ANBAGS.COM 26597 42357 PLAN BAGS; PW 33.99
Zotal : 33.99
17492 5128f2009 000119 PLESE PRINY1NG 1330044039 BLDG PER:MPT PAPER 1,172.74
Total : 9,172.74
17493 5l2812009 001089 POE ASPHALT PAVING, CNC. 42902 42281 GONTRACT 09-003 6,604.76
42903 42281 CONTRACT 09-003 2,906.49
42904 42281 CONTRACT 09-003 246.81
42905 42281 CONTRACT 09-003 349.18
4290E 42281 CONTRACT 09-003 16,296.39
42907 42281 CONTRACT 09-003 26,087.30
Tatal : 52,4$2.99
17494 512812009 000019 PURRFECT LOGOS, INC. 23688 STORMWATER 51GNSNES7S 70.66
Page; 3
vchlist VoUcher List Page: 4
05l2812009 4:19:42RM Spakane VaIley
Bank code: apbar1k
Voucher I]ate Vendor fnvoice PQ # Descrip4ionlaecount Amount
17494 512812009 000019 000019 PURRFECT LQGdS, ING. (Cantinued) Ta#aI : 70.66
17495 512812009 {}01276 RANDALL, DAV1D 1319 42210 SVLI ANALYSfS #08-036 5,760.00
1320 42211 SW ANAL,YSf S#08-035 3C280.00
Yotal : 9,040.00
17496 5128I2009 001980 SAN7A CLARITA VALLEY LEGAL Service SERVICE OF NaTICE & aRDER 49.00
Yotal : 49.00
17497 512812009 000774 5ER!lATR09V, INC, Refund REFUND DAMAGE DEPOSIT- 52.00
Tatal : 52.00
97498 5f28f2009 000230 5P01(AfVE CO AUDlTORS QFFICE 0044446 RECORDfNGIFILING FEES: CD 93,00
00445$3 RECORQfNG1FILIN{; FEES: CD 94.00
0044715 R'ECQRDfN(;IFILING FEES: CD 113.00
0045090 RECDRDfNGIFILING FEES: CD 49.00
0045658 RECORDINGJFCLgNG FEES: CD 45.00
0046250 RECORDINGIFILING FEES: CD 267.00
Total ; 861.00
11499 512812009 000459 SPOKANE CO TITLE GQ 156327 42079 TITLE 1NS. BROADWAY #0088 369.58
Total : 369.58
17500 512812009 001956 SFOK,4NE MOU1VTAINEERS Refund REFUND DAMAGE DEPdS1T 52.00
Total : 52.00
17501 512$12009 000898 SPOKANE PRUCARE 2009-03 42270 MAR 09; LANDSGAPING SVG 692.96
2009-04 42270 APR 09: LANDSCAPfNG SVC 8,619.43
Total: 9,312.39
17502 512812009 001903 SPOKANE 7RAFFIC CONZROL APR 09 42256 INDIANA[ARGQNiVE TRAFFIC CONI 7$2.00
Total : 782.00
17503 5f2812009 000311 SPR9NT 326088106-018 MAY08: WAPS 549.89
959698810-018 MAY ~09: CELL PFf0NES 951.24
Total ; 1,501.13
17504 5l28I2009 001895 TAYLOR ENGINEERfNG fIVC 1 42378 BROADWAYIFANCHER #0067 10,8$5.40
Page: 4
i I
vcMlist VOuCher L'tst Page: 5
0512812009 4:19:42PM Spokane Valley
8ank code: apbank
Voucher Date Vendar Invoice PO # DeSCTIptIQnIACGQGnt Amaunt
17504 5128l2009 001895 TAYLOR ENG9NEERfNG INC (Continued)
3 42278 SPRAGLIE RESURFACING #0115 5,054.64
4 4223$ SPRA{;UEOVERI,AY#0110 15,822.93
Total : 31,762.97
17505 512812009 000014 TYLERTECHNOLOGfES, fhlC. 11590 GASB34TRAlNING: FIN 937.62
Total : 931.62
17506 5128I2009 001227 llHIVER51TY OF WASHINGTON UWEa 41545 42325 7RIP GENERATION TRNG: I NOTE 325.00
7otal : 325.00
17507 5f2812009 001982 WINSLOW PARTNERSHIP 1877 H/Z CODE CQNSLILTING #362-1 3,2$0.00
- - Tota! : - 3,280:00-
17508 512812009 000152 WSDOT 90512052 URBAN RAMRS #0099 3,609.81
90512056 APPLEWAY TRU NKL.ICVE #4062 6,656.08
90512115 PfNES1MANSFIELD #0005 8,114.47
RE-31C-GCA5$15ADV URBAN RAMPS*MAINLINE PCCP 45,000.40
Total : 63,380.36
526090026 512612009 000497 THE BA1VK 0'F NEW YDRK 060109 ,JUN 09: DEBT SVC PMT 200,586.25
Total: 200,586.25
526090027 5/2612009 000013 iVEOPOST, INC. Postage REFILL POSTAGE METER 5,000,00
Total: 5,000.00
528090046 512812009 000001 SPOKANE CO TREASllRER May 09 LU' r0- +r0--,4_,_ MAY 09: SHERIFF SERVIGES 1,160,119.14
Total ; 1,160,119.14
47 Vouchers far hank cade: apbank Bank tatal 1,711,083.09
47 Vauchers iro xhis report Tatal vouchers : 9,711,483.09
Fage; 5
vchlist Voucher List page: 6
0512812009 4.19:42PM Spokane Valley
Bank code : apbank
1loucher Date Vendar Invaice p0 # I7escriptionlAccount Amount
I, the undersigned, do certi£y under penalty a£ perjwry,
that the materials have been furnished, th.e services
rendered, or the Iabar performed as descxibed herein
and that the claim is just, due an.d an unpaid
abligation against the City o£ Spokane Valley, and that
I am authvrized to authenticate and certify saad claim.
Finance Director Date
Mayar Date
Council Member Date ,
Page: fi
~ :
vchlist VOUche¢' Lest Page: ~
0512912009 11:20:24AM apokarae Valley
Bankeode: apbank '
Vaucher Date Verodar Invoice PO # QescriptionlAccvun# Amount
17509 512912009 000999 EASTV-RN'WA aTTORNEY SVC, INC 25657 LEGAL SERVIICE 50.00
Tatal : 50.a0
17510 5129l2009 001441 FREE PRESS PUBLISHING INC 32969 LEGAL PUBLICATION 56.95
32170 LEGAL PUBLICATION 108.80
32171 LIEGAL PUBLICATION 94.35
32172 LEGAL PUBLICATION 92.65
32173 L~GAL PUBLICATION 39.10
32174 LEGAL PUBLICATION 39.95
32175 LEGAL PUBLICATION 96.90
Total : 528.70
17511 5l29I2009 000273 SRTC , fiS-1525 SPOKANE REG CQNSTRUGTIOIV NC 603.60
Total: 603.60
17512 5129f2049 000419 SUMMITLA!N GRQUP 42125 PROFESSIQNAL SERV1CE5 720.00
Total: 720.00
17513 5I29f2009 001464 TVVu' TELECOM (}2913851 INTERNETIDATA L1NES 1,667.67
TAtaI' : 1,667.67
5 Vouchers for bank code : apbank Bank tota1; 3,569.97
5 Vouchers in th6s report Total vouchers : 3,569.97
G, the undersigned, dQ certify under penafty o# pedury,
that the materials have been furnished„ the services rendered, ar the labar performed as tleseribed herein
and that Ehe claim is just, due and an unpaid obEigation
against the Ciiy of Spokane Valley, and that I am
authorized to aufhentica#e and certify to sa'rd c1aim.
Finance Directar Date
Page: ~
vchlist Voucher LiSt Page: 1
05l2912009 10:5$:34AM Spflkane Valfey
Barrk code : apbarck
Voucher Dahe Vendar Inva6ce PO # Description1Accoun4 Amaunt
17514 5f29f2009 001618 VIKING CON!STRU'CT10N Refund REFUND SWALE DEPOSIT 1,500.00
Total : 1,500.00
17515 512912009 0019$8 B'LACK, DAl1E Refund REFUND SWALE DEPOSIT 3,000.00
TOtaI ; 3,000.00
2 Vauchers for bank code ; apbank Ban'k total : 4,500.00
2 Vouchers in this report Total vovchers : 4,500.00
Q, the undersigned, do certify under penalty of perjury,
that the mater+als haue been fumished, the services.
rendered, ar the labor perfarmed as described heresn
and #hat the claim is just, due and an unpaid ahligation
against the Ciry af Spokane Valley, and that I am
authorixed #o avthentir;afe and certify to said cfaim.
Firrance Directar Date
Page: 1
,
~ITY OF SPOKANE VAL'LEY
; Request, f~~ ~ouncil ►4ction
Meetirag Date: June 9, 2009 ~ City Maraager 5ign-vff:
Itemr Check aII that app1y: E cansent El old business ❑ rrew business pubcic hearsng
El infarrnafion [l admin. reparf ~ pending legislation
AGEND►A 1TEM T1TLE: Payral~ for Period Encling May 31, 2009
GC3VE'RNiNG LECISLATION:
PREVIOLJS CC]LINCIL ACT[Ohl T►4KEN;
BAGKGRaUND.
GPTI[]NS: F~ECOMMENDE[] ACTIUN OR MOTION:
BUDGET1FINAIVCIAL INiPAGTS:
Grvss: $224,027.60
Benefits: $126.062.64
T+QTAL PAYRC]LL: $350,090.24
STAFF CDNTACfi: Ken Yhompson ;
r
ATTACl 1 M`NT'3./ , i
i
~T
NHNUTES .
1T~~~ ~~~~~~N MIEETING
5~~~~ CITY COU.~CIEL
Spokane Va11ey Caty Hall
Spakane Valley, Washington
NIay 19,2009 6:00 p.m,
Attendance: Cauncalrtaembers Staff
Rich Munson, Mayor Dave Mercier, City Manager
Dick Denenny, L7eputy Mayor Mike Cannelly, City Attarney
Rose Dempsey, Councilmember Mike Stone, Parks & Recreation Director
Bill Gathlnann, Councilmember Ken ThompsQn, Finance Director
Gary Schirnmels, Councilmember Nei1 Kersten, PubTic Works Director
Steue Taylor, Councilmember Kathy McClung, Cammunity Develaprnen$ L ir.
Diana W'ilhite, Councilmember Scott Kuhta, 5enior Flanner Greg McCormick, P'lanning 1Vlanager
Carolbelle Branch, Public InfarmatiQn Dfficer
Greg Bi.ngaman, IT Special:ist
Chris Eainbridge City Clerk
Mayor Muns~n open.ed the meeting at 6:00 p.m. and welcDmed everyone ta the study sessian.
AC'~~ON ITEM5: 1. Spr~~ue Avenue Resurfaci~Ly Phase I-Bid Award - Neil Kersten.
_ It was moved by Councilmember Wilhite and seconded to award the Sprague 14venue Resurfacing-
University tQ Evergreen ProJect cantract to Inland AsphaIt in the amount af $2, 256, 393..18. Public Warks
Director Kersten explained that these items were hand-carried to Ca-uncil tonight in an effart to have them
timely awarded, that four bids were receaved, the bids were tight and were under the ❑riginal est'rmate;
that Spokane RoGk Pz-oducts was disqualif ed 6ecause they did nDt indicate meeting the b°/a disadvantaged
businesses regulativn, and Pae was disquaX:xfied because they were to have listed their electrical
cflntractor, but that ztiem was left blank; leaving the next qualif ed bidder as Lnland Asphalt. Mr. Kersten.
mentiQned tlaaf stimulus funds wauld be used for this project. Mayor Munson invited public cvmment; no
comments were offered. Tjote byAcelamation: In favor: Unanimous. Opposed: .1Vane. Abstentions: None.
MQtion carried
2. McDvnald and Everereen PrCCP Intea-sectiflos Bid Award - NeiT Kersten
It wa,s moved by Councilmember Tayrlor and seconded ta avdrd the ,S'praguelEvergr•een and McDonald
PC"~`.1' Intersectians Praject •ta Ac,me Concrete Paving an the amount of $1,219,000. Public Wflrks Director Kersten said there are the two remaining intersection projects from 5TA funds received last ysar;
that tvva bids were xeceived with Acme as the lower bidder, Mr. Kersten said the bxds came in about
$250,000 under the origxnal estimate. Mayor Munsan invited pubiic comYnent; no comments were
offered. Vote by Acclamataan; .Tn favor: Z]nanimous. OppQSed • None, Abstentions: Nane. MQtian cQrrred.
3. Splashdown ALyreement - Mike S#Qne
It was moved by Couneilmemher Trzylar and ,reconded io apprave Sp1ash-Dawn Concessians, Inc.
agreement Qnd authoriae the City Manager ar designee to execute said agreement. Parks and Recreation
Director Stone said this agreemernt. was discussed last week and there have been no changes. Mayor
Munson invited public comment; no cornments were offeared. Yate by Acclamation; Infrxvnr: Unanirnaus,
_ CJppased.• None. Abstentions.• .None. 11!Iotion carraed.
Council Meetin~ jVfznutes: 05-1 9-09 Page 1 af 4
Approved by Council;
DR4FT
4. SulIivan Park I3ance Hall Iaease - IV[ike Stone -
It wus maved by Councilrraember Wilhite and secanded to apprave the Western Dance Associatian
S'ullivan Park 17ance HaII Lease Agreement and authorize the C'ity Manager or designee to execute said
contract. Parks and Reca-eation Director Stone mentivned this lease was discussed Iast week; there have
been n❑ major changes to this ten-year aga-eement since fhe ariginal a,greement; and tlaat the Dance
Assvciation rs a good partner to work with a.nd z-eported f,he Association is pleaseti to use the faciXity; anci
Parks arkd Recrreatian has use of the £aciliiy weekdays as welI. Mayor Munson invited public camment.
17ick Behm. 3626 S Rid2evxew Drive: said he was on the vriginal Board of UirectQrs of tlae Westem
Dance Assaczation and was president the f rst year they opened; he gave a'brief,history of the Association.
and said their scrapbook is an display at the Dance Ha11, and he thanked CaunGil for renewing the lease.
Yote by Acclamation. In fauor: Urzanimaus. Opposed • Nane. A$stentions: Nane. Mntinn carried.
RJEGTlLAR STUDY SE5SION ITEl'VIS:
5. ReeaonaI A£fvrdabde Housing Task Farce Repurt - Mike AdvifaelArlene Patton
Ms. Patton explained that tanight's purpase is to share the results of th.e final Regional Affordable
Hvusing Task For-ce arepart, which Task Force convened in April 200$ at thc appointment of Mayor Verner, Mayor Munson, and Commissioner Mager. Ms. Patton shared her PawerPoint slides which
expXained f:he work items of the task force, guiding princxples, and the data used to track proposed
pratotype househoIds; she explained that the task farce explored the creation af new 1ocal housing
resQUrces and vther funding aptions; mentianed taeir method to establish regivnal affardabTe hausing
goa1s and implementation strategy including establishing a pub1ic educatian program. She alsa shared
data frvm the 2008 Incorne Lxmits Summar-y, and explained that ths current a:rea median income is
$60,200, and that the population of their focus was on those with an annual saYary of $60,200 or less; she
said the uery Iow incomLe woutd be a single person making less than $12,650 annualIy to qualify. 1VIs.
Fatton said Spokane City and County are loaking for a callaborative uniform applicatian far those who
want to use federal home fundsa and she asked if 5pokane Va.lley's City 1'vianager would agree to
partiGipate by assigning staff to this effort. Mr. Adolfae mentioned they wauld welcome members of
Council and staff as well to participate in the implerrrentation szde. Cauncil tlianked Mr. Adolfae and Ms.
Pattan fvr the presentatian and Mayor Munson stated that it is their practice to cvnsult with staff privr to
making decisions concerning them; and there was Council consensus that Council supporks vvhat the task
fvrce has done, and said staff wiil resea.rch this issue and Iet Cvuacil know if they have tirne and funds to
participate. Mr. Adolfae said they 'would share data with Council as they go through the implementatian
prvbess.
b. Sarague and Appiewav Corridors Subarea Plan - Scnft Kuhta.
Mayor Niunson said that each councilmember rs comrnztted to do what is right, and for him doing what is right
ps the most difficult. as it would be easy to go along with the most vocax companents in the commranity; he said
it is difficult to determine if those vocal people represent the majority of the community; that some af the
pevple wha have voiced their opinion in support of the plan represent a large numUer o#' businesses; and abaut
27 to 30 people haVe voiced their dissent; and that he strives to Iook at comments abjectiveYy without allowing
rhetvric dzsbursed caver tirne to influence his decisionr. Councilmember Gothmann said the easiest thing is to
nothing; and he acknowledged that many people have had gond ideas and he appreciates their ktelp o❑ this .
prvject. Cvuncilmembear Taylor added that we have a situatian of a dying corridQr with a tat of dis-inVestment,
which wil.l continue if Councit dvesn't try to proVide a fra.mevvork fvr that area to grow again and thrive; and
_ said he feels it is Counczl's paramount duty to see to the revitalizatiQn ofthe business carridor, and he thanked
staff and the pubYic for putting so much time and effort into this plan. As well, Cvuncilmember Wilhite
acknowledged the tremendous amount of work and the numeraus revisivns, and said she appreciates citizens
who came to talk about their cancems and how Gvuncil's decisions impact thcrn; that Council needs to knvw
these things and said it is goDd YQ have that dialogue with the cvznmunity.
Seniar Planner Kuhta explaineci that this plan is a resul# of over three year's work, the final publzc hearing was .
held Apri128 and final written testimony was reeeived until 5:00 p.m. Friday, May 1; and tonight's purpase is
Courrcil Nleeting Minutes: 05-1 9-09 Page 2 of 4
APPraved hy Councrl:
DRAFT
_ ta address any regnaining or unresvl:ved %ssues. After Cauncil and staff eiascussian, and Gvuncil del:iheratinn on.
such issues as signage standards, the one-wayftwa-vvay issues and rel.ative public comments, corpora~~
businesses including thmse in AutoRow, and bus.unesses canformi.ng ta sta:ndards, and after breaking br~efly
fxom 7:20 p.m. to 7:30 p.m., Council made the following determinatcans:
1. Reference letter frarn Sean Lumsden abaut expan.ding the gateway commercia7 area, t:fiere was Cvuncil
consens~~ (five in favor, two flppased) ta grant tMe change to incarporate the g;ray area..
2. Allow iCotta~e RestaL2rant area to' be commercial; and increase t;he tlark blue area for an additivnal fOiir
blacks: Th:ierman to Co1ernan, sQuth side of Appleway.
3. Staff will same back with suggestions far a different term fmrr the "resldent;ial bvuievard" designaYion as that
ternn is misleading.
4. Tncrease the non-con£Qrming pexiad from vne year ta tvo.
5. Kebp the 100% bu.i.ld-aut, realizing Counci:l can ma~e changes later if needed.
6. B~ council Consensus (s~~ ~n favor, ane oppvsed) to remave the Lark PrQ~erty frvm the Plan.
7. Winter S~ow Removal - Neil Kersten.
Pub9ie Works Director Kersten exp1aine~ ~hat the Caunty wi1l not be ass.isti.ng is un preparzn,g a:n RFP
{request for praposal} and therefore, we have se1ected ~R Engi.neer, ing, Tnc. from aur Consultant Raster.
M:r. Kersten said staff has the draft Letter af Tnterest (LC)I) and HDR wants to review that prior to staff
advertising that 1ater in May. Mr. Kersten arsa reparted that the titrae reqLrired for this selection process
wi11 n ot al 1ow far a long-fierm con:tractor for this w:iryter, but th is process cou I d provi de w %:nter seruices for
- 2014120T 1. As am opti.mn, Mr. Kersten explained, fhere is a possibility we coulci obtain surplus equipment
f'rom Washington State Departpnent of Transportation (W5DOT); and said staff and WSDOT are
explorlng that possibility; other equ~ipment wmtiild alsa be neecled, and M.r. Kersten saicl it is possi~ble such
could be rentecl. Mr. Kersten saici other research izicluded discussiQns with VVaste Management regardin,g
a site ~cross from City Ha1l wh:ich. h.as a three-bay maintenance bu:ilding, fue1ing faeilrty a.nd small of-fice
which could be operational by° th:is vvnnter vvith minar upgrades. For manpower, Mr. Kersten said basecl.
on our ~urrent ~onfract with Fae, there is a pQssibility to brbng an that crew and operrate next winter, a.nd
Poe has indicatecl tlaeir interest in su.ch a pvssibility. Mr.Mercier added that it is diffictilt ta calcuiatc the
eost of acquisition of used equipment sucfi as sanders a:nd de-icing units, nor do we knaw the cost
associated with hoLising thase atems; and said even if we can ca.mpose a pla:n fQr this vvinter, if miglit n.ot
have the stayang power given the long-term rationab'e p1an, forcing us into cornposing a s'horter term pla~n.
which might ravt make the long-term plan appear as handsarnely. Mr. Kersten added that we sti11 n.eed.
con:Crmation from W~DOT con.cemi.ng their surplus equipment, and if we can get thase, vve can rnove
ahead with Poe, and fry to have this determined by miti-3un.e; arrd said th.e major component is time to
acquire the equiprnent, facility, land, and personnel. There was council conser~sus to moVe fvrward with.
the shott-term plan..
.Tt was naover~ hy C'auncilmcmber Tempsey, seconded and unanrmously crgreed to extend the meeting ta
9:30 p.rn.
Councrl Meetrng Minutes: 05-19-09 Page 3of 4
Approved by Council :
DRAFT
S. Ame~ica~n Recoverv and Reinvestmeat Act Strengthening Cflmmunities fiund - Kathv McCl~ung
~ast became aware a ~ ~
Directa~° McC1ung explained that sta~' j
Community Deve1oprn ent ~~o~a~
Recovery Act funds that might be available to nan-profit agencies, and after further researchy she
deterrriined that cities cannot apply far these funds as the 5tate must apply for the money, thera comanuraity
grQUps would be designated to receive the funding; and she said Qur representative would be the "SNAP
organxzatbora; and the State is aware af this opportunity and they wi11 }ae applying.
9. Advance Agenda - Mavor Munson Mayor Munsan said he had no ~urther changes to the advance agenda, and rerninded Council and staff
abaut the 5:00 p.m. ]une 2 executive sess'ron to discuss labvr relations.
10 Information Onlv ' : Permrtting Activaty ,Report; C'able Franchise Update, and NE Wa Housing
Solutions Appointment were for rnformcrtian purpases only and were nat discussed ar reparted
] 1, Council Ex°fie~rnal ~Commiftee Reuoriks - Cauncil~nembers
Concerning transpQrtatiQn assues, Councilmerrrber VWilhite exp1ained that they are stil1 waiting to see how
z•t all .11
pans vu~t far funding; '~e ~he ~~vp' L
that the $5(~ r~illaaa~ in stamui~zs fi;~r~ds fQr this area ~vi c odPSG'L,15S1o'n at ReI3reSeIItat'iVe MCM[7I"r15°RL)agers affice next week. Concer°ning the STA, L]eputy Nlayor
Denenny mentioned the citizen's advisory cvmmittee backgrcaund on the proposed fare 3ncrease with
paratrartsit fares of rriajor interest; he said those rates are very low and the infi,enti was to brirag thetn up tv
the regular adu1t fixed fare route; adding there is na relatiQnship between the actual cost and the charge to
the consumer, that the ouerall fare gaal is tv aim. for recQVering abmut 20% of the actua1 expenses, but
with paratransit, they wau1d be fartu:nate t4 get 5%; and he explained the newer slightly lower praposed
rates for upcvming years, and said the increase in parataransit has been delayed until th:is group has
comp• • -
1eted its resea:rc~u. Cor~cer~~ng this Council taking astance on the issue, Councilmem6er Gothrinann
suggested Council give no instructian, as he fee1s Mayor Munsvn and Deputy 1VTayor Denenny will make i
the agpropriate decisians as bQth have laad goQd a:rguments before the board ia~ the past. There was also
brief rnention of the upcorning Tune 16 meeting in SpQkane Valley concernx:ng the Transportatian
Comrrtission, wifh the FQSSibility vf Councilmember Wilhite attending.
12. Council Chec'k-~~ ~ ~a-vor Munson
Mayar Munsan mentioned his participatian ia~ the recent Lil~c Parade, as vvell as attend.ing emergency
management train'rng.
13. ~itv Manauer Ca~~ments r]ave Mercuer
Mr. Mercier mentioned the variQus reports and studies from CTED resources graup, and that th.is might
be away to conduct some researc'h cQncernang alternative court analysis; and said this wi1l be discu~~ed.
further in early June.
There being no further ausiness, the meeting adjou~med at 4;28 p.m.
AT TEST: Richard MunsQn:, Mayor
Christine $ainbridge, City CIerk
Council Meeling Minutes: 05-19-09 Prage 4 of 4
Approved by Councrl.•
DRAFT
~ity of SpokaIIe Va,lley.
City Council Regular Meeting
Tuesday, May 26, 2009
Mayar NTunson called tlhe mee~ing tta order at 6:00 p.m, and welcomed eveF-yrone ta the 160tli meeting.
Attendance: Citv Sta',•
Rich Munson, IVlayar Mike Jackson, ~~puty Cify Manager
Dick L)enenny, Depu.ty 1'V[ayor 1VIike Cannelly, ~ity Attamey
Rase Dempsey, CQUncilmernber Ken Thampsan, Finance IJirector
Bi1P Cothmann, Cauncilmember Kathy McClung, +Cammu:nity Deve1'oprnent Di.r..
Gary Sch.immels, Councilrnember Neil. Kersteny Public Wvrks Director .
5teve Taylor, Councilrrrember IVTike StQne, Paxks ~ Recareatian Direct4r
Diana Wilhite, Councilmember Scatt Kuhta, Seniv~ Planner
NTaryKate McGee, 8uild.ing Official.
Lora Barlaw, Associate Planner
Carvlbe1le Branch, F'ublic InfQrmafiion Officer
Chris Bainbridge, Gity +C1erk
INVOCATION: Pastor Darrell Cale of Spokane ValleyWesleyan Church gave the i:zlvacafiion.
I'LEDGE OF r~~~~GLkNCE: Gouncilmember Gothmann led the Pled~~ of Allegiance.
:ltC1►LL CALL. City C1erk Bainbridge called tihe roIl; al1 Catincilmembers were present.
A,PF'RC3VAL OF AG'+NDA: It was mQVed by +C"~~incilmeniher Taylor, secondec~ and trnanimotisly
agreed to apprcrve the amended agenda. INTROl]UCTION [JF SPECI,AI, iG~~STS AND PRE5ENTA'I'IONS: nfa
C~MMITTEE, BOARD, LIAISON S _ Y REPOR'TS;
Councr.l.member Schimmels: no repart.
. .
Cou:ncilmember Wi1hite: said she attended a GMA meeting' aWorkfarce Development Council
presentation an their Suinmer ~outil-a Employmen.t Fragrarrg, which wil.1 p:rovide aver 400 pafd sumrner
jabsy and she said if businesses n.eed summer 1ie1F to please cantact her for website infQrrnati:an.
Cou:ncilmember Tawlor: sai~ that he, Mayor Munson arnd Councilmennber Gothmann spQke before a
public palicy class as ipart of the Eastern Washlngtan UnAversity Graduate program, ta d'ascuss the aQb of
councilmember and how they interact with differen:t groups, with the media, with specific in:terest graups
and individuals, and of the prQCess for paiicymaking.
Cmu:nciimember Gothmarin: reparted he aftended aDepartme.nt ❑f Emergenc.y Manageme.nt Training
session; participated in the kids to wQrk-, attended the ][..ilac miIatary Iuncheon; met ►~~ith fihe CEO of
Sl'~AP; and atte.ndcd the Board a~ ~ealth Executive Meeti-ng.
Cvuncil.mernber D~~~i)sev: no repvrt.
De~utv Mavor lJenennv: rnent'roz~ed the continued discussian on fares at the STA BQard gneeting; and.
said conceming the Health Board, that Dr. McCul'1Qugh will be a real asset to this comrrnunity,
MAYOR'S REPORT: Mayar Mu:nson reparted that he participatied in the Lilac parade; met witli the
Un:i:versity High Schoal leadership class; attended a Spokame River stewardshiplpartnership rneeting at
L~~erty Lake; attendecl aGMA Advisory Gorrz:i-n.ittee meeting; attended a meeting where the discussion.
' ~as~• sys~;~rn~ a~ar~ cost e~"~~ti~~
~'o cu sed an how to save space ' ~n the ji ai 1; aa~d haw to ma1ce th c crirnia~al y
and efficient; had an i.nterview can KXLY; had luncb vvith Cammissioner Mi~~~e where th.ey discussed the
upcaming jaint June 3 meeting and possible topics; attended Memorial Day services in I]eer Park;
. Council Regular Meeti.ng. 05-26-2009 Page 1of 9
APpraved by Council:
DRAFT
attended a 911 Baard Meetxng this rnorning; and said the metro mayors have beerr discussi:ng exploring -
z-egional metro=prajects like regivn-wide sewer elistricts ar fire services. ~
FLTBLIC C{~JMMENTS: Mayar Munson inuited general publ.ic cDmments; na comments vvere offered.
1. CONSENT AGENDA: Consists of items considered routine which are approved as a group, A
Cauncilmember may remave a,n itern fram the CQnsent Agenda to be cansidered separately.
a. Claim Vauchers, V'ouc'her # 17291 thraugh # 17392; $794,153.05
b. Payro11 for pay period ending May 15, 2009. $25$,992.22
c. Confirmatian of l'v[ayor Appaintment vf Rhea Coble to 1VE Washington Hausirag Solutions
Bvard of Cammissioners
d. ApProval of May 5, 2009 Council Study Sessivn Meeting Minutes
e, Appraval af May 12, 20 09 Reg~lar Caunc iI Meeting Minutes
Caunc%lmcmber Dempsey asked that item # 1 e be remaved tv be discussed separately. It was moved by
Cauncilmember Trxylor, seconded and unanimously agreed to apprave the consent agenda with the
omission of atem e. Cou:ncilmember Dempsey explainecl that page 2of thvse minutes should include
mention that the Clean Air Retreat agreed that in a "declared state flf emerRen.cv" fines would not ae
a:mpased if someone dvesn't get aperflnit before takxng down abuildi.ng. It wcrs then maved by
Cauncrlmember Taylor, secQnded, and unanimausly agreed to Qpprove the minutes as amendedfor the
May 12, 2009 council naeeting.
T~EW BUSM5S;
2. First Readinv, Pronased Ordinanee 09-01 2 Adooting Subar~a Plan Book 1 and 11 - Mike CDnne11v
After City Clerk Fiainbridge read the vrdinance title, it was maved by Councilrnember Taylar and
seconded tQ advance Ordinanee 09T012 to a secand reading. It was th_en moved by Cauncilmember
Dempsey and seconded by Councilrnember SchimmeIs, to amend the motron to encampass only that areca ;
between University and the 1-90 overpass. Cvuncilmetnber Dempsey explai~ed that she fee1s tfie plan
presented is beautiful, but is tao much, toa encom:passing, and goes tao far and she wau1d like ta see a
slavver start, ta revitalization and to allo`vv it to grow out in a more natural vaay. In response ta
Councilmember Wilbite's question af why that particular line at University, Cauncilmcmber I)empsey '
said that one af the things that came aut of the meet:ing last week, was that thati was an older sectian and it
was in mare need of revitalizafion, and that seemecfl like a gQad area tQ start wbth. Councalmember Wi1hite
respanded th.at the block alarag Pines includes the building used as a library which was from the earZy
1900's, and said that particular block has many older huildings which wvuld fa11 under the categary af
needing some revitalflzation. Cvuncilmember Dempsey agreed and said that the faefi that Appleway stops
at []n.iversity was a big part of her decision, Mayor Munson invited public comments on the amenciment;
no comments were affered.
Cvuncilmember Taylor said that he was happY when Appleway was f rst opened, seeing it end at
University has always been a sare spot for him, and said at some point it wou:ld be nice ta see that wal.l.
tflrn down; and said that the idea is to have Appleway ultimately extend ta Tschirley; and in looking a.t the
curren:t zaning, n~~just fhe city center zoning,-but the comprehensive plan zoning which became effective
a few ears aga, staPPing this Flar~ at Universi would R~e ext~-emelY disruPtive az~d would cut a ci
ty
center zone in half and would cl~fy a11 norms of lmgic in lvoking at planning; and added that there has
been extensive cvuncil discussion about vvhere the plan should end; Cvuncil has made particular revisions
i~ the pxocess; and to cut the p1a,n i.n half doesn't make gaQd sense nQr is it goDd palacy.
Cauncilrnember 5chianmels said he sees a roadblock at C]n:i:versity; he saad fie thinks this wou1d stifle the
deuelopment from University east an the north side of Appieway because we dan't have Appleway; and.
-
in laoking dovvri the raad, it wauld be three to fi►ae years before th,afi roadway wauld be put in; and the big
prob1em is that we need control of that zaning thraugh there but said he does.n't think we can justify to '
strap the busines~ ~~mmunity with the subarea plan zon.ing if yau don't have ful1' access to vvhat we have
Council Regular Meeting: []5-26-2009 Fage 2 of9
Approued by Council:
DRAFT
oan the map as we only have a portion of tha#; and also that the cut off of the area fram University to
Bawdish is laalf the distance ta Pines and fihat is a big area and said he khinks that is a very viable
questian.
Councilmember Grothmann said the an.ly data he has seen is that which shows we need an area-wide plan
and nat half an area-wide p1an; he said Council originally decided to study the vvhale carridor; and much
thDUght went irato the startang point, and the reasoning at that time ta do the whole carridor is that we
recagnize that vwhat happens in ane part Qf the corridar affects the other part of the carridor; for example _
if there are zoning regulatxons west of University, ancl a different set of zQning regulations east of
Llniversity, that means you are treating people differently who at'e in almast equal places, which is not
good public policy. Gvuncilmember Gothmann said the idea that was run through all the cansultants, was
fhat althvugh we had 40% af the cammerci.al space in the city, we had 60°/p vf the vacanc.ies which.
dvesn't exist just west of university but continues east of University, and the comment was made that.
there is sliglatly better occupancy east of LJniverszty; he said we are here tQ solve pzoblems, and the
prablems are the SpraguelAppleway CorridQr. Further, Councilmember Gothmann said there have been
comments frorn the Chamber vf Commerce, which represents a thousand Uusinesses, and xhe Spvkane
Valley Bus,ness Assac•ation re presenting . , and toRow a s~aying: "do it; get it
~
~t do~r~e and accamr~aodate thv e u
d o n e, ~ n d s a i d h e ~ e e l~ i t i~ t i m~ t~ get " l people wh.o we listen to: na.me1Y
those anore tnan 1,000, businesses involved.
Councilmember Wilhite mentioned that we need ta loak at the plan area-wide and we need to treat
ewerybody fairly; 'and to ch,ange it for part of one end vf the ciiy and not the other would not be wise; but.
said it does makes a difference ah4ut w11ere Appleway worald be cvntinued, and said Council needs to
loflk at the implementation of thcase regulatitins when they don't haive a street that they'd be an; anci she
. 5c'ild fhat WoUId be SC]'II1eth1T1g She WULild l1ke tCl d'1SCL155 w1th COL1x1Cil; however, she said Council has spent
a lot of tirne and given a 1ot ❑f thought to this project and said she wished that Cauncilnnember I7empsey
had brought this up earlier so Councilmembers could have "hashed it out" and gone back and looked at
the map; she said 1ast week she braught up some things that she fert shQUld be changed; and that would
have laeen a gnad time ta have 11ad a thorough discussion; but we are novu dnwn to the first reading anci
she said we need to mQve farvvard.
I]eputy Nlayor Denenny saitl #his has beerr discussed thoraughly, specifically the extent and the
getigraphicai area Qf this, very specifically; and Council made a decision as to the extent of this several
meetings ago; he said Council decided haw far out ta ga and that sorrae of it was rerrioved on the other
side mf Suilivan; and in arder for the zaning to wark and ta make the differenee in the rehabilitation of
Sprague Auenue, there must be same conformity; and the prvposed direction would be cvUnter-productive
i.n what needs ta be rehabilitatied and hflw it will be rehabilitated, Gouncirmember Taylor said if the gaal.
is tn kil1 the plan or significantly gut the plan, this would be the mechanism to do sv; the extent of the
plan has been discussed before the Consuitants were even autborized to start working an the pYan; we
have maved fat•ward with the study to show if it is better to ga the full length ar partial, and Council
chase the full leragth; and then amended the eastearn portion; and said this motion amendment needs to be
. .
re.~ ard to a secvnd reading. Gouncl er Wi lte sa1 a. Council
th
has ' rnecfi~dade ~n a e~ lot ~h : e~isf r~ c'hee~isangs t, ~
e ~e he ma~rsaided s'he forwbrought up a lot o~' proFr~sals, some af v►rh'ch C Qunctl greed wx
and some not; and she sazd Council listened to the peop1e and changes were made, even though perhaps
every change from eve'ry person was not made, but Council listened nonetheless, and said th.is Council
warked hard at lQOking at the maps and the zoning, and actually visiting sites and talking with people; and.
said she feels this is a pretty goad plan. '
Councilmember Dempsey said obviously Councilmernber V4i'ilh.ite is referring to her letter [to the editgr]
and said the saund she was trying to cQrne up with in her letter was daa-durnp, daa-dump, daa-dump; she
sard there has been a lot of cornment and a 1o# vf discussaon; arad saicl she wDndered vvhy those vuho agree
with the plari arre obviously in agreement, and those who dan't are just single trouble-makers; and she sai+d -
Council Regular }`vleeting: 05-26-20(]9 Page 3 af 9
ApproVed by Cauncil:
DRAFT
that trflubles her, Councilmember Taylor said that there is an expecta.tion when cauncil bears pubric
comment that the persork making that camment vbviously wants to get their point across and they want '
Cauncil to ag,ree with their point of diew and alot of tinnes that doesn't happen because C❑uncil has ta
make palicy based on the govd of the brvader public, and when it goes against the public comment there
is disappointment and likely a feeling of disenfranchisemient far th4se vvhv went to the effort ta
communicate to the Counci1; and that xs the reality of halving a representatiVe foz-rn of government; and he
said he has been on the 1QSing end of a six'one vote more times then he'd 1ike, but he doesn't hald it
against ather cQUncilmembers nvr does he feex castigated ar think someone feels he is making a bad
suggesti❑n; and he said he hvpes Councilmember I]ernpsey daesn't feel put out by a rejectian of this
a~~ndment; and added that he is adamant that this is a bad amendment and should nat go fvrward.
Cauncilmember Dernpsey responded that she hflpes thaf she will not be put into the positivn of heing able
to say, "I told you sa" and Mayor Munsan concurred,
X'vTayor Munson said he will not suppQZt the amendment because this wvuld not be dving anyone any
favors Uy adding to the uncertainty of what wi11 be happening in a few years, he said there is nv doubt
peaple want to see Sprague be the kand of Wital corridor it has been in the past as it is nat now; and said.
the prablem of Appleway and whether it is fair to ask those people who own prvperty along Appleway to
follow aur zQning, is afair question; and added that this plan wi11 not be "ehiseled in stone" and put an a
shelf; and said he is convinced that if we don't nave an answer to Apgleway by the cnd of this year, the
plan will be re-uisited and deeisians will be made about zoning along the part of the plan we dan't own;
but for naw, stapping it at UniVersity wvuld add a great deal of uncertainty to a11 those property owners
east of []niversity not knvwing what we would do in a few years. Councilmember Dempsey said this is
the first time she thanks that anymne has heard her abjections, and she appreciates it.
Vate an whether to amend the motion to encampass only that area between University and the I90
averpass: In Favor: Councilmembers Dempsey and Schimmels. Opposed. MQyor Munson, Deputy Mayor
Denenny, cxnd Gouncilmembers 7'aylor, Gothmann and Wrlhate. Abstentrons: None. Motaon fcrils.
City Atkorney Gonnelly then addressed the ariginal rnotion ta advance ordinance 09-012 ta a second
reading: he stated he wanted ta highlight some of the ardinance's specifics, and said when we get to
ordir~ance 09-0Z 3, the substance of that ordinance is almvst identxcal. Mr. Connelly explained that this is
an ordinance which would adopt the subarea plan, the plan enGompasses a significant portian of the
SpraguelAppleway cvrridor; the ardinance identifies certain tirn+el:ines of such dates as when the
camprehensiue plan was first adopted, which camprehensive plan anticipated and charged this Council
with the develQpment of a sub-area plan far this carridor; CaunciT amended the Camprehensive Plan an.
three occasian5 pursuant to annual amendments, and arnended procedures on one occasion; cauncil
advpted the Uniform Developrnent Code in 5eptember 2007, which was the first attempt tv implement the
scope of the comprehensive plan; there have been several amendments to that develapment code; and said.
those amendments are listed in vrdinance 03-0 X 2, 1VIr, Cannelly said that in xuIy 2006, Council began
develaping the suba.rea plan pursuant fo the cQmprehensive pXan; and the development of the suharea plan.
has been cantinuQUS since then. He said Cvuncil initiated a planned action revievv under the SEPA
legislation far a portiQn of the sub-area plan, in keeping with the envirvnmental requirements fvr
properties within that area, and make development substantially easier and quicker, all being dane in
canjunction with the developrnent of this plan in its entirety. Mr. Connelly further explained that the
matter went before the Fianning Commission an February 14, 2008, and it came back to Council July 29,
2008 for deliberation; and said if Cauncil deterrnines to advance this tfl a secand reading, that will occur
Tune 15, 2009. Mr. Connexly reuiewed Findings of Fact, 44, #5, and #G; and said the SEPA requirements
have been camplied with; and that fhe plari is the result of writken and pubiic testimony, studies, and
analysis, all of which will be included in an index far the secvnd reading. Mr. Connelly said Council has
choices cancerning the effective date, which can be five days after official publicatian, thirtyy days after
afficial publication, or even sixty or ninety days after official publicatian; and he suggested Council might _waMt to include building Ianguage into the ordinance which would ailovv thase in the pre-developr7nent
Council Regular Meeting: 05-26-2009 Page 4 of 9
Appraved by Council:
DRAFT
status, to follow the existing rules if they file for a permit within a specific period of time, perhaps sia
months to one year.
Community Development Director McClung said pre-applications are good for one year now; that this
could affect six to ten projects, none of which are large projects, but include such things as storage
buildings andlor small additions; and said she is concerned about giving them enough time to get it in
before they have to apply the zone guidelines to their projects. Councilmember Taylor said perhaps the
ordinance could include language that the ordinance would be effective in sixty days but anyone who is
currently in the pre-development process will be able to complete that process; and those who file
between the date of adoption and that sixty days, could be grandfathered in. Director McClung said that in
looking at the projects which have been through the pre-application process, if council makes it sixty
days, or even ninety days, that will give adequate time to get those projects in as they have been sitting on
the shelf for a while. Mayor Munson said he would like something in writing for the second reading,
discussing the pros and cons of these suggestions. City Attorney Connelly said that the boulevard mixed
use zone will be, and has been changed to community boulevard. Mayor Munson said that CTED has
changed to the Department of Commerce, and asked if that should be incorporated into this ordinance for
the second reading and Mr. Connelly said he will research that. Mayor Munson extended his and
Council's appreciation to Mr. Kuhta for the amount of time, effort and dedication he put into this Plan;
and Mr. Kuhta said thanks should also be extended to Kathy McClung, Deanna Griffith, and Lori Barlow
for their assistance as well.
Mr. Kuhta said tonight's draft includes all the changes Council made from the time they received the
Planning Commission's recommendation, to date, and last week's changes include renaming "residential
boulevard" to "community boulevard" and noted the maps need to reflect that change; page 2 of 24 adds
the 24-month time period for nonconforming uses to allow re-establishment; map 2E shows the property
at Evergreen and Appleway is now removed from the district boundary; and it was noted that map 2F
heading should be changed; and Mr. Kuhta said these maps will be included on the City's website
tomorrow. Mayor Munson invited public comment.
Dean Grafos. 16120 E Spraizue, said he owns "community commercial" space at 15813 E Sprague; and
said these parcels are not part of Fred Meyer; the parcel he referenced is the last parcel in the plan; and
said this letter is follow up to a letter sent January 30, 2009 to Council by land use attorney Stacy
Bjordahl, and he requested that this parcel be removed from the Plan as he stated in his public testimony
April 28, 2009; he said the proposed downzone from community commercial to neighborhood center
zoning would create a nonconforming business; he said the site has been occupied without interruption
since 1999 as an automobile and equipment sales lot; and he listed the following subsequent properties as
you move east on the same side of Sprague Avenue, all of which has been removed from the plan, which
include NAPA Auto Parts 15823 E Sprague, Les Schwab 15911 E Sprague, Les Schwab Tire Center
15915 E Sprague, MAACO Auto , 16011 E Sprague, and Jacobs Auto Upholstery 16023 E Sprague; and
said he does not believe the inclusion and downzone of his particular parcel meets the standard and
requests that 15813 E Sprague be removed form the Plan and retain the present Community Commercial
zoning; and he gave his May 26, 2009 letter to the City Clerk.
Councilmember Taylor said that there has been a lot of discussion throughout the Planning Commission
and Council, there has been a lot of focus on the impacted properties, and there has been much
deliberation over some aspects of the plan; and through this process, he feels most every specific
comment has been addressed that dealt with constructive criticism; and said he is pleased to move this
ordinance to a second reading, and celebrate that we are doing something very positive for Spokane
Valley and for the viability of the corridor; which was something he heard quite a bit about in 2002 and
2005 after knocking on a combined 14,000 doors between those two elections, about how people did not
like how the corridor was becoming ugly, cluttered, vacant, or dis-invested; and upon becoming a city we
would finally have an opportunity to address a lot of these issues; and based on so many comments since
Council Regular Meeting: 05-26-2009 Page 5 of 9
Approved by Council:
DRAFT
t.he City's inceptian that this Plan is really Cvunci1's f.allow-through an what the cQmmvnity tQld Council
they wanted; and that this is a majar mulestflne far Spokane Va1ley; a.nd said this permits atremendvus
vppartunity to put in a unique cityltown center of whIlch non.e exist throughaut this enti:re regiora, and
which wil1 make us a standout commun.ity, and will let us achieve aur awn identity and accomplish some
of the basic goa1s since the City's inception. Councilmember Taylor said the passage wil l resulf in an
outstanding legacy for fihe entia-e community.
Tn response to Mayor Munson's question about Mr. Grafo's request, Mr. Ganne11y said M:r. Grafos is
request'ing that the map be altered, and that vvuuld be a part of ordinarace 49-01. 3, and when t'hat vrdinanee
is considered, Council can direct staff ta amend ar mod:ify that oxdinance; and he sazd the zvning map
wou1d a1~o have ta be adjusted for the second read:i:ng.
Counci.lmember Gothmann explaaned that wben the City was incorparated, many citizens asked Council.
to da something about Sprague Avenue as vacancies were skyracketing and values were plu:mmeting; and.
council listened, then acted. In respnnse ta those citizens, he explained that Council engaged.
EcaNorthwest and they faund that althaugh we had 40°lo of the cQmmercial space, we had 60"/o of the
vacancies. In addition, we knevv that some Sprague intersectivns were near failure and we had to address
that probTem, thus revitalization is essential tQ the City. In respmnse, th.a°vugh 76 different meetings
inwalving hundreds af citizens, the Sprague Appleway reWitalization Plan was developed,
Councilmember Gothmann said that sorne people said Council did not listen, but Cauncilmember
Gothmann suggested fihe facts be exami:ned: (1) C7ra#'flsa I:nc had problems with hoth rezaning and
designated streets proUisiQns; Council removed the fa:r eastem praperty fram the Plan; (2) Lark Properties
had Rrob1ems with rezoning; and the%r property was ~emaved from the Plan; (3) Walt's Magling Service
was cvncerned a'bout rezaning the rear of their property whrch they use, and Council passed a provision
permitting existing Appleway uses to continue; (4) RuUy Motars wanted to be included in the Autv Zane,
and ~t Cou:ncilmember I?empsey's suggestion, Council moved the eastern b4rder to Applevvay, (d) Big ,
Boys Auto rJealers were concemed abQUt rezaning and a:l1 alang those 61ocks, and at Cauncilmember
Wilhite's suggestran, the plan wvuld permit carnrnercial along th.e fmur western bIocks on the sauth side
af Appleway; (7) Auto ltcrvv wanted land rezoned to accorninadate afuture recreation park and Cvuncil.
enlarged the Gatevvay Comrraexcia1 area to accommada.te this; (8) in response ta pLibtic testimnny, Council
changed the 'plan ta accommadate both bus,inesses and commuters by making Sprague and A,ppleway
one-way west of Argonne, and two-wa:y east of Aa-gonne; (9) Council permitked additivnal lig'ht industa-ial
uses in both mixed use and gateway cammercial''. zones; (10) the Greater Spakane Valley Chamher af
Cummerce expressed reservatians about the ane-year nvn-cvnforming grandfather FrQvision; and Cauncil.
changed it tfl two years; (11) Mr. Pri:ng expressed cvncem about restt'icting retail elsewhere in City Center
ta core streets; and Council agreed this ean be changed if it becomes a problem; and (12) in respflnse to
public testirnony, Council changed the minimurn frantage requIlrements, th~ outside display and storage
requirements, yncreased the acreage trigger for new streets, and prah.ibited bil':lboards from the City center.
CQUncilmember Gotha-nann said th~~ ~s a pYan that exchanges ane set of zQning requiremen~s for anather,
we are not putting in new zoning requiremenits as zoning requirements al.ready exist; and thafi is designed
to increase values and revitali.ze Sprague; and i.n deuelaping the Plara, Council has Iistened and has
responded to the kaund:red~ of peQple in ower 70 meetings who have pravided suggestions and inFut tfl
Ccauncil, and be said Council is gxateful for such i:nput.
Deputy Mayor Denenny re-emphasi.zed the number ~f dflcuments he has gane through; the reviewzrag of
materials, drafts, 1.istening to cQmments, lookang at the plan and drafts, talking to staff, reading e-mails,
and spending ti.me to get educated about thc plan; he heard some public camment that many
Gauncilmembers are daing this far egos; buth:e said he has seen no egas an this Council; and at the end
of his term at the end Qf this year, he said he will carry many fvnd memories about the hard work of tfiis
Council, and said there is and has been no ego other then the desire to have an impraved cvmmunity _
wh.ich will be the envy of others araund us, and something which will erahance the econQmy so his '
children and grandlehi Yd:ren can continue ta have job s and stay in this beautiful community; and he saidhe
Council Regu[ar Meetirag: 05-26-2[}09 Page & of 9
Approved by CauncIlE:
DRAFT
- realizes th~~ crhticisrns he has heard from members of the cammranity were based upan thafi same criteria.
to find a way to improve the carnmunity and improve the economic status this comrnunity and their
Qvvn economic status,
~ ~
icult to spea~C as she is ~~p~eh~ g ~ er~ ill arr ~ doesn't
Cau:ncil, ~nerr~ ~rer Dei~psey said .t .s diff
t~r~Ycz.r~ "~`~1~~ ~ wk~~c~ _
work, and she liker~ed this plar~ to a ~'o~~T ~ g s Plair1ePu~`P y fake
settlements erected at the directian vf Minister potemkin s~ Cath.erine the Great wou1d nat havc to se~
~nything ugly vrahi~~ ~~e was out in her carriage; Gouncilm _ember Dempsey said she doesn't see this as
something that is needed• that she ~cr~o~rs we need revitalizatiar~; that th1s w~.s the anly p1ar~ considered as
~lhere was nt~ othex plan;~ and that if ~ad loaked further we znight have bcen alale ~o find a plan that
wvuld have suited aur area and vur way of life rather th~~ try to turn us i.nto aiiath.er California suburb.
' he reca1led when vur consultant came from California and ~ a~ bd.
~
Qrr~~n ~~erta'~r~aer ~1 ~eetings, thi~hit~ ~.t sa` hec~ ssaid these are some ideas thaat I h~.ve given yau a~o changes tha e
made, but he said Counci1 rnust ta.kce the plan and " make it youxs" and to fit your city and your
cQmmunity; arad that is rvhy there were nurnerous cammLinity meetr"ngs,sQ we cou1d hear what the
citizens wanted to s~~ ~n the plan; and tihat Cauncii listened; she added that sh.e realizes the pian isn't.
perfect nor are the members af Coun.ci1; but we a1l learn fram our mistakes, and after thrs plan. is adopted,
there will be smmetlii.ng that needs to be changed; but sance the pl:an is nat caste in cancrete, changes cazi
be anadea and she sa:id she feels we need to move fonvard aiid not laackward.
Mayar Munson saic~ ~~~ff was asked to come up with a cQnsultant to assi~t with the corridor; and the
initial message was that they recagnized a ura:ique oppQrtLinity exists where there is a failing corridar, a
new Gity ' rs yust begi.nnr'ng to devel~~ tieir e~evelapr~ ent codes an~d plans vn haw the city shoL11d loQka
!t
there was quite a bit Qf excitement frorn Cvuncil abaLit that message; and Caunct.l determrned to taok
~ , l asked the Consul~tant ta ret~.irn. and pa~trtic
- forwa.rd at the t~ssibilities• Counci i~~t~ ti~ a ~ublic rr~ee~i~~~,
which meeting was p~cked; and Mayor Munson explainedl that "in cortnes this gu;y in aBrooks Broth.ers
suit and an earrincy in his ea:r" and Mayor Munson said he thaught to hianself, `this is Spokane Vay'.ley,
these ea 1e are roba1~~ o'~ng to pLzt hi.m an a~'ail and rLir~ hirr~ out of ~iere~ " t~a~t ~~~'thgn fve minutes Mr.
ay
Freedrnan (the Consultant) had the entire audierace enthused and wanting to hear what he !liad to s
because the messa ~~nd the possihilities rn~ere excitin and Mr. ~'reedr~nan had a recorc~ to shaw it caLbld
be done. MaYo~r ~Vlunson sa d t11erc were commer~ts ~n t17at room that day from a number of business
leaders about haw da we get thi.s tY7ing started and get this study dQne; and Couneil listened t~ thase
remarks and real.i~ed tive needed to da more than an ecanQmic impact stu.dy; and Council kept its prom%se
arad hixed the Consultg put toget~aer the autline vf a plar~ that CQuncil felt ~~auld do
in ~~c~ ~~d
what Cvuncfll asked them to da. to look at a corridor that was ance the v~~~~ busgness area within the ciiy,
or in that ca~~ the County, and to see what can be done to make it a better place, thereby making this City
a better place. May4r Munson said su.rve s were dotze meetings were held, and r~4w t'hax promise made
he~-e is a Plan. Ma or ~iunson said i~' eoie
~s abaut to he ~ r~mise'ke as ti y' ~ ptla:i:nk ap1an is samething
~ ~
y ~ , y ' rstand what planning is all abaut; as a plan must be dyiiamic
Qu write and fa~ et al~out the doti. t u:r~de
.lling to change. portantlys exp1a'ned May~vr Munson, it is a nnatter af Visian;
. ~ ~1:~r~ ' ~in~
ar~d we rr~ust. be ►~v
r~
'~e saicY ~rhen he was elected the message h.e got was if Rich Munson was going to represent th.e peaple3
then Ric:h Munson needed a vis~on abaut what the futu:re wauld be in th.is city; and Mayor Nlunsan sa:id
0
those AeoPle told him that if ~~ere were disagreements a ut that vis.c~ng t~7e.re ~►aauld always be anather
n said ~the v.~sion ~ , c~
~~ec~~ar~. Ma~~r ~un~o is based on the goal to make this the best city in the State af
Washington; the best city that proVides jobs, career and hQUSing apportunities, aand it isn't aust the
Sprague Corrxdor t17at wi11 provide that, it is the entire plan for the ci'ty, incl.uding the Comprehensive Plan
and theUni-forsn T)evelopment Code (UDC),and this P1an is part of tih.ose docum _e.nts, and is probabl:y the
final tauch. to that process; that there have been apprvxi.mately fiue Ghanges made to th.e Comprehensive
PlanS and several changes to t~e UDC, and those documents have on1y been around for a few years.
Having the vis, . ~th~
~on that sets the City on a path, he explaz.ned, is absc~lr~tely essential. Implemer~tation oPlan, Mayor Munson said, is another story; he sa1d that th~~ ~ity will not purchase and develop all the
Cauncil Regu9ar Meetimg: 45-26-2009 Page 7 of 9
APProved by Cvuncil:
FT
properties and make sure ederyUady fo11ows the rules as Council sees them.; rather, this pYan is an vutline
of d:irection; the priwate sector will look at these properties, and they wiIl make the decision tv com.i-nit ;
their capital and take their risks to develvp the properties in accordance with the Plan; and if it doesn't work, the Plan will not happen; if the risks are tov greati, Qr the ecQn❑mic enviranment isn't conducive ta
this kind of plan, it won't hagpen, and the Council wil1 then be farced to re-eVal~uate. Mayor Mu:nsan
stressed that this is astart rather then an end; and said he feels cQmfvrta.ble that the start is in the r.ight
direction.
Vote by Acclamatron to advance ardinance 09-012 tcr a,secand retrding: In fuvor.• Mayor Munson, Deputy
MayQr Denenny, and Cauncilmembers 2'aylor, Gothnzann and Wilhite, Gppo.se& Councilmernber
Dempsey and Schimmels. Ahstentians: None. Mation carried.
Mayor Munson called fox a recess at 7:40 p.m. arnd reconvened the meeting at 7:50 p.m.
. Subarea Map -Mi e Qnne ! y
3. First Readinp- Prooosed Ordinance 09-013 ~Am' t
.After City Clerk Bainbridge read the ordinance title, it was maved by Councilmember Wilhite and
secanded to advance ardinance 09-413 t+~ a secand reuding, Gity At#orney Con nelly exprained that th is is
a cQrnpanion oxdinance ta that just discussed; it amends the Camprehensive Flan map, and if Council.
wants to make any ch,anges to the map, it can be braught forrward with the previous ordinance to make
those changes together.
Mayor Munson said he wauld like tfl discuss Mr. Grafo's comments tonight, but that vve wQUld a1so 1ike
staff input abaut what this wau1d d❑ to the Plan. Deputy Mayor Denenny said that is one of the benefits of
hauing the twQ readings Qf an ordinance; and said ~e would lzke to examirae the informafiian grevided in.
written form, and physically go vut to the praperty in questian; and with the information fram staff, then _
re=analyze the request, but wants to praceed tanight with advancing the ardina.nce to a secand reading.
Councilmeml~er Wi1hite agreed and satid that she too wants to go back and view the proPerty, keeping in mi:nd changes can be made at the secon.d reading. Cauncilmember TayIor said he doesn't dasagree with.
that pracess, but questianed whefher th.ere is a reas~~ why this wasn't broug'h~ ~p at the last meeting; and
remi:nded Caun.cilmembers that this particular comment ~ame in at the April 2$ meeting; and
Cauncilmember Wilhite added that the letter NTr. Grafos ment.ioned from Stacy Bjardahl was dated
January 30, 2009. Ueputy Mayor Denenxzy said the physica1 descriptions put a Iittle clifferent ratiQnale
and said he vuould like tfl cansrder this furkher. +Coumcil.member Gothmann sa%d tonight's descriptiorr of
Mr. Grafo's property was more enlightening. Councilmem:ber Dempsey said when this "line" was drawn
in the ~trst piace, it was Cauncilmember Wilhite vvho said it 1voked like agQod spat; and Gouncilrraember
Wilhite respanded and said the desire vvas to draw the li.rae along property lines, and sometimes streets are
used, and that she was under the impression this uaas taken aut. Mayar Munsora said the $-eason he recalled.
this was left ira, was that it was considered part of the Fred Meyer complex, nvt th.at it belonged to Fred
Meyer, but it appeared to be part af that a6vious camplex; and the ather properties were not part of that
camplex; anci said that this issue will be brouglit up at again at the seconcl read:ing..
Acc crrracrtian: n avor:
Mayor Munson ~riv~r..ted public cornment; na comrnents were offered. Yvte by Cr'ath;~~rn~a, ~nd
t~!~'ayc~r Mu,~so~a, L~epuiy 11~~or 1.`~enerara}~, and ~G'ouncilmembers Schimrnels, ~'aylor,
Wilhite. Gpposed: Cauncilmernber 1]ernpsey. AbstentiQns: nnne. Motion carried.
4. Motian Cans,zderatian: Swimrnina PoQl Chan ize Order -Ne il Kersten.
It was maved by Councilmernber TayZor and seconded ta approve the change orderfar the Poor Upgrade
Project r'n the amount of S 100, 53 7. 00 and au.thorize the City Manager or designe e tn execute the chan~e
order, and apprave the City Manager an ada'itional charrge order authoraty ,fQr the Krlga~e Canstruction
contrttct far the Spokane Valle~ S-vvarnm ing Pool Updates, in the amaun t Qf $100,5 .37. 0 d. Publie Warks
Director Kersten explained that currently the City Manager has ~~tharity for $200,000 and- this wi11 give ~
him an addithonal $105y537 in change flrder authority; that they axe fin%shing up the poQls, they are on
Council Regular Meeting: 05-26-2609 Page 8 vf 9
Appraved by Cvuncil:
I)IA.FT
scheduSe, but we di5covered tihere ms a federal law recently +enacted regardiiig pool dra:iris, and he sa:id we
a:re abligated to meet ihat; and the Gontracl:or has been givcn the directron to begin the work but fihis itetns
rieccls Council's formal appraval. May1ar Munson invitecl public camment; no comnients were offered.
Deputy Mayar ;I]ealenny addeci tPaat he liears tlsat the youth are anxsous tg play in these eiew facilities, tha#
we did a 1?arks Master plan and fcasand out whai the public wanted; and they wanted i:mprovements done to
each poo1 rakher than having one largc paol. Vote by Acclamczdion: Tn Fcrvcrr: Ilncrnimaus. t]pposcd:
1Vane. Abstentaons: Nat7e. lYlotrorr carrred.
1'UBT1iC CCJMMENTS: Mayor Mu:tlsan invited gesaeral public comment.
17eck gehrn.-321 S ❑isiitnan Road. Mr. Behm said he ftas a canlplaiiit aboLit a contraGtor wtto closed.
bishman R,oad wvt£iout nntifying any businesses tliere; that he spoke with ;M.r. ;Kersten who wasn't aware
s7f the road closure; and M.r. ;Beh.ni suggested as a canditipn o,f gegti.ng a permit, aconkractor shauld be
required to nof:ify ather businesses and clOsures andlar rc-rcruting.
ADM'1N9'STRATI'VE 'RE'Pa'RTS:
5. Discavm PlavLround Biti -Mike 5tone
Park,s and Recreatian Director Sfione gave an updaie on tklc pracess as pcr his May 26, 2009 Reqtiest for
Gouncil tlctiaj7 Eoren, and said the bici was sehcdulcd for May 29 but as seueral laidders requesied.
add.itional time, the tirne was exteiided tv Jtine 9. There was CQUncil conseiisus to bring tit:is back to
Coaincil for bid award a'Fter 7une 9.
6. PermitCina Activitu .I2.en6rt - Katha Nt:eClu.niz
Coni.mu:n.iiy Der+elQpment IJirectar I!!IcClung, per her PawerF'aant sl.ides, explained the perrniccing
activity, irscluding comparing constructsor1 permits in 2009 witlz those i.n 200$, shatved camparisans with
4at1d use applications far 2007, 2008 and 20[79 fihrouglt Aprib, mentipized there are 70 pending
appl:sGations, and currentlyf uazder review+ ttiey have e9even, commercia] btrildings projects, seven teitani.
improuements, and ni:ne single faziiily resiiiential prajccts. Ms. MGCIu:ng also gaue figures for pendijag
projects tandez- constrLdctian, azid the nurnber o,f pre-applicatioei rileetings, said 4hey do not anticipate a:ny
layof#'s, but there are three positiaris csn hald whicli wil.l ncrt be fil.led th:is year, 3nd rafher then ltave a
$35,000 development eragineering plan review assistance and $10,000 street standa:rds assastaTlce, tliose
items wi11 tae handled in-hQUSe. :8:n response to Catisncil qi4escions, Building ():fficiat McGee briefly
explained cross-connect3on control asld said she is wprking wiih water clisiricts for a passible iitierlocal.
agreemersk to develop a format otZ how to w4rk tagether, aizcl 1lapes ficr Uri:ng somei:hiiig to Councql in the
fall.
IN,F'Q'RM.A.TION Oli'LY: The Depcri°[inent I2epos°ts werefrr anforrnutian on1y crrad wvere t2ot reported ar
dascirssecl.
EXECilTTVE ST,SSiON. Peeidirig i itigat:ion; Ltand fl,cquisition.
R was nioved by 1Vfacrasarr, secoracled crfld arrzarrrirroirsTj, agr•eed to adjozrrra intv exeeucive .sessararr for
appt-oximaledy 30 inrnxrles lo clascirss Pe,zdarag T rlrgudron ar^rtT Land .4cqua`sitioaa; arzd thcrt rto crctrorz as
anrieipcrlerl therecrflea°. Caunci] adjauraicci into execuiive session at 8:34 p.in. ;M,ayor Munsaci deGlared
counci.l ouk of E-xccutive Session at 8:59 p.m. 11 ivcrs rrrcavecl by Deputy N'cryor IJenenny, seeoiTdecl arac1
xrnanimoarsly agreed to adjotrrn. Tlie cnceti.n,- adjaurned at 9:00 p.m.
ATTEST:
Rich3rd MLillsarl, iNIayor
Cttristine Bainbridge, City Clerk
Council Regulae Meeting: 05-26-2009 Paga 9 of 9
Approved by Caunc.il:
DRAI7'
MINTTJTES
Cit), of SpVkane Valley
CLty Council EAecutive SGssian
Tuesday, ,lune 2, 2009
Atlefadcrrtce:
+Caunci:lznembers: Staf1F;
Rich ;M,tinsan, Mayor T7ave Mercier, Ciky Manager
TJick, I:lenennyj, Deputy Mayor lohn Wliitehe3d, I-iutTian R.esaurces II!I3nager
Ciill Golhman:«, Couslcslmember
Ciary Schim:meY.s, Councilmember
Steve 7'ay1Qr, Caunciti:member
Diana Wilhite, CounGilmember
Absent:Rase Dempsey, Caunciimember
EXECIJT1VE SESSICIN: M ayor Munsorr cadleri t:he meeting to arder at 5.00 p:m.
i:t Gvas rrioved by Mayar ll!Turasora, seccrnded arzd xrnajaimaza,sdy crgreed thcrt Council acljoarrn inio Execzrtive
SessiQn for crppr-axarszately ane Izaur to a?rscxrss labnr- relatiaais; arrd thcrt na crctroiz as anticipcrted
thereafter. Council adjourned into e.r•ecutive sessdan at approxi.rraafiely 5:01 p.m. At ap~roximately 5:59
p.na., Mayor Muiison deGlared CourIcii vLdt of Executave Session. 11 ivu.s rr7nved by Depirty Mclyor
13enenny, secarzded arid zrrranrmairs!}a agf•eecl to adjoarrrr. The meeling adyotarned at 6:00 p.m.
Ricliard Pvlunson, iViiayor
A"I"1'EST:
C3iristiine Bai:nbridge, City Clerk.
Council ivfinutes: 06-02-09 Page 1 0f1.
Approved by GvunciL' •
. .DRAFT
- lvlINLTTES
STUDY SESS.I,C7N 'NTTET]NG
SPQKA:NE VALLEY CTFY COX.FNCIL
Spakane Valle;y City Hall
Sgokane Val[ey, Washington
Ju:ae 2, 2009 6:00 p.m.
Attetrdn►rce:
Councilmembers ~~aff
RicEi ,Munson,lViayor ` Dave Mercier, City Manager
Dick I]enenny, I3eputy Mayor Mike Jarksnn, Deputy Csty l!Tanager
Sil[ Gothman.n, Cauncilmember Cary Driskell, Deputy City Attorney
[.;ary Schi:mmels, Councilmember Mike 5tone, Parks & I2eGreation Director
Steve Taylor, Councilmeiiiber ~Teil Kersteii, Public Warks DirectQr
Diana Wilhite, Counciimember Katdby McClu.ng, Camrnu,nity Dcvelapi-nent Dir.
Ken Thompsan, Finance Di.rector
Greg McCarmick, Planriing l!Ianager
Absent. Sfieve Worley, 5enioe Engi.neer
Rose llempsey, Councilrnember Margaci KaudeYka, Sr. Administrative Ana:lyst
Caralbelle I3ranch, k'ublic Infarmation Officer
Hi11 Mil[er, IT Specialisti
Cfiris Bairibridge City Glerk
Mayor Munson apened the mceting at 5:00 p.rai. aild wclcosned everyoaie to the study sessivn.
IittrorlrrctiUii uf New Fmfyloyees: Deputy Gity Attorney Driskell introduced two new 'Icgal intersis: leana
I?aloni, ih:ird-year Gorizaga Law Schoal student; and Jandon MiCchelI, sccond year Gonzaga C,aNv 5chool
student. Cauncik weIcomed and greeted the new interns.
ACTT+D'N TTEMS:
A.°w'-Prr~ -(;'WmWes[~ilufio01U,lr0U~7~°~i~~:eir`-~Fnt~rV ,~Cai~~l)risl.e[I'.
I,t was rrzoved by Councihrrem&er Taylor and seconclecl to eadop( rerolutiarz 09-007 re,stt°icta3ig access to
that partion of 11ze Spokatze Rdver from the city's errslerti boundary ta 13arker Bridge. I3epiity City
Attorney ariskell cxplained about the recettfi rescue effoits ruiCh the waman trapped at the bridge; said the
river debris pases a ha.zard, and the Sheriffs Offce and F'tre Chief requesteci Spokane Caunty and our
City tn adopt a resol,ution tempararlly restricting access Co the ltiver; and die mentioDed that Spokane
Caunty adopted a similar resolixtion today wliict,i covers up tea the Harvard StreeC Bridge. N1,r. Driskell
adde:d that this resolutPoi1 woulcl autliorfae tfie Sheriffs Office ko ecnforce the prowisions of this restrictioiz;
a«d he said khis is similar to what caufaci.i adopted 1ast year ran a different poitian a'f the River reiated to
the staapping of a safety line near the iiam, and that this resolution will lik,ewise reriiaiii effective until ihe
Sheri,Ff's qff-ice advises tllat the conciitions giuirig rise ta this restrickian has passed. 5enior Engineer
Worley sfi:ated that signs ai-e pasted at the state line and Harvarci Raad indiccating cviistruction over the
River at T3arker Raad; and Dfficer 5hane said the S4ieriff s C}fFce will handIe tfie placizig of the signs
c[osing the River. Mayor Munson invited public camment; no comments were offered. Vote by
Acclantatfan: Ira Frrvar: Unanrmous. 4pposed.• Nofae. Ahsteratron.r: Ajone. Alotipn carried.
1. PineslMansfe[d Chanee arder - SteveWorlev
If tivcrs fnoved by Cauticilniernber Taylor a3ac1 seconded ta czuthorize the C'ity 1llajzager an additiorral
$I50,000 in chaiage order aullzorrlv for the camp(etian of the .Pine,slMerrrrfreld Project. Mr. Warley
, explained that as we have dorie on another la.rge praject, staff is here tonight to request additional ctiange
- authority ,fvr the Cily Ma.nager; that the Cade all4ws up ta $200,400 or 15% of a cantraGt whiellever is
Cou+rcil Meeting Minutes: 6-02-09 Page 1 of 6
Approved by Coasncil:
DIR4FT"
less; and this is ilie liniit in th.is case. Mr. Warley added that we are approaching the end of this praject _
atid hopes to see its completion with,in the nexi three weeks; that some issues have came up during ;
construction which caused an i:ncrease in the original contract amQunt; and said they have seueral -
antieipated Ghange orders that may be necessary, but will exceed the remaining authority provided tv the
City Managcr; and in an ef-~ort to corraplete the project, it is requested t.hat the City Manager be granted an
additional $150,000 irr change order authority Far work necessary tv coinplete this projecx; he said that the
project budget exceeds the contingency funds withi.n the project, but tllere are sufficient cvntingency
funds in the 2409 Street +Gapital Grants fund budget to cpver these expenses. Mayar Munson invitecl
public comment; na comments were affered. Vote bv flcclamrxtion: xn Favar: UnanimQUS. Gpposed.'
None. Abs•tentions: iVone. Motaon carrred
Fl.s a point of nrivileize, Maypr Munsors rnentioned an article he had distributed ta Councilnnerrcbers and.
which is an the dais, which wi91 be sent to the Val.[ey News Herald and Spokesman Review; but said he
wanted ta ma.ke sure Cauncil is awarc of th.is in keeping with the "no surprises" Aolicy. Mayor Munson
then read his written article fpr the record:
"Billing Tlisagreemcir# between the City of 5pokanc Valley and Spakane County
Many af yau have 1leard a lot of rhetoric in the past several days conceming the claim by the City
of Sp4kane Valiey that Spokane County has over hilled the czty far ;i.aGV Enforcement Services. The City
has choscn not ta engage in rizeforic. We wilf provide yau with what we believe are the perti:nent facts of
the situation and let yau decide if we haue chosen the best path.
We believe that Commissioncr Mielke is frustrated by a process that has kaken too long to resolve
our diFferenc ' es. NVe sliare his frustration. However we also 'firmly believe that a protocol adapt'ed by both
parties to resolve d.ifferences 'like rhese tnust be allovyed to run its corsrse. The process requires
deli4erativc fact finding thaL will insure all parCies are heard and an outGOme is reached that is fair and
equitable. It is important to nate that in ❑rar farm of GouncillManager governrnent the Ciky Council has
authQrized the City Staff to negatiate contracts and contract disputes and reserves t4 Council the
discretion to approve or deny negatiation outcames. ~
In early 2407, dur'rng the normal settle and adjust period for the 2006 cantract periocd, our staFF
natified the Caunty that we believed the County had overcharged the City of Spokane Valley for law
enforceznent services. The Caunty disagreed. PIease note that I skaked the County, not the Sherriff
disac,reed. InVOices far these services were prepared t'ollawing billing prncedures set up by the Cau.nty.
After mQre than a year of analysis by Uoth sides, it became apparenk nei.ther side would he convinced of
the okhers' positiori. Qur City Manager then fQrmalty asked for the dispute to go to rnediatian as the
contract provides. He further stated that we wouPd maintain payment at 2007 rates for these services uniil
resolution was artained. The Citiy has placed the disputed amount in oux general fund so in case the
mediation outcomc fincfs we are 4vrang at7d the Counc41 agreES, we cauld pay the owed anlounc promptly.
The mediation prvicess rcqui:res both parties put together a casr of facYs. The Gity hired afLrm of forensic
aceou:ntants to make sure we had analyaed the facts caa•rectly. We gave the- County the analytical repvrt
on Decemher 2, 2008. That report staied ttiat the Cou:ity had pver charged the City $609,400 far the year
2005. The Counky then asked the Washington 5ta[e Auditor's Office for a revievr of their hilling
procedures. Tt has been six manths since they haVe asked for this reViewv. As of June 2, 2009, the State
Auditor's Office hati not released their findings.
With this in mind, Corttrmissioner iMielke has insisted the City CounGil of Spokane Va1ley enter
into negotiations to resalve this situafian, The Cit}+ Council will honor the separation af respons'thilities
assigneti to staPf a.nd await their analysis and fndings. Why wauld we begin to kalk about a resolution
without this critical analysis of the Stake Auditar's C]ffiGe revicw of the County's 6illing practices? We
are willing to wait far the Stake Aud'itor's Q'fficc to release their report. We are willin~ to laave our sta'ff
discuss the two reports and Iet tYiem recomznend a soI,utivn fhat both Baards ean agree or not agrec with.
Wc are willing to enter into mediation if we cannot resalve aur difFerences. A11 rve ask is the Counry be
equally willing tn allow a process t.hat we 'have both agreed on to run its c4urse s❑ we can resolve this
situation. Richard M. Munson, Mayar, Spokane Valley"
Council tYleeting MinutQS: 6-02-09 Fage 2 of 6
A!ppr•ovecl Sy Cazrnclt:
DRAFT
REi GULA.R STUDY SESSION ITEMS:
2. Wastewater Construction of Service Rate Studv Update - Bruce Rawls, Spokane Countv/ Sean
Senescall, FCS Groun
Mr. Rawls explained that they are here tonight in fol]ow-up to the May 5 discussion; and he introduced
Sean Senescall, Senior Analyst who did the majority of the analysis on the rate study; mentioned that
Kevin Cooke is here to answer questions as well as Dave Stark who is with the County Auditor's office
and who works on sewer funds to make sure they stay in compliance with all the audit requirements.
Prior to going through the PowerPoint, Mr. Rawls eaplained the information in the accompanying "white
paper" which addresses the nine questions from the Iviay 5 meetings, and added that the rates mentioned
in that document are from about three weeks ago but interest rates have since risen substantially. Mr.
Rawls explained the options which include (a) discharge to the River; (b) the aquifer re-charges about two
to three million gallons a day, and on the treatment plant site this would be a pilot project as it cannot get
bigger without acquiring more land, and he said they are pursuing that and anticipate submitting a draft
report to the Department of Ecology toward the end of this month, adding that plan "b" would give us
about five years, (c) industrial re-use: he said they are writing a feasibility report which should be ready
about the end of June to go to Inland Empire for review; that this is a three to four million gallons a day
solution, it could be constructed within the $12 million allowance, and might get us out about one year;
(d) is the Saltese Project, which is an additional $30 million over the base alternatives; he said the
consultant is still working on the feasibility study and he hopes to have a draft report about August; that
this would be for eight million gallons a day, possibly hvelve, and said this is with the 20-30 year range.
Mr. Rawls said of the alternatives other than the River, that the Saltese is the plan most likely to get a
pennit, and is probably the safest as a fallback, birt is the most espensive.
Mr. Senescall explained the information in the PowerPoint; that additional scenarios were created for
consideration, threc without Saltese Flats and two with; he discussed the key changes in evaluating the
difference in a t-,venty year versus a hventy-five year debt; and he explained lhat the debt service would
likely start in 2010 and not 2009 which will aid in the cash flow; and he explained each scenario in a little
more detail, as shown on the slides, including what eacll scenario would do to the current rates. Mayor
Munson asked if we would be ready to go to the Saltese alternative and build in time to avoid a building
moratorium. Mr. Rawls explained that the goal is always to try to protect the environment yet keep the
rate as low as possible; and they won't know the TMDL (total maximum daily load) until October of this
year; and he explained that it will likely be dramatically different from what we have seen in the past; that
the whole concept for how this is developing will be better then the last version, but we won't know about
Saltese until October; and said if we don't need it, it wouldn't be implemented right away; he mentioned
diey are still interested in getting land and right-of-way; and under the next scenario, the EPA
(Lnvironmental Yrotection Agency) will likely approve the TMDL nexl March, and then we Nvould wail
to see if it gets litigated or appealed; then a decision would be made on a need for the Saltese, and if that
occurs, Mr. Rawls said he won't be sure if it will get done in time. Mr. Rawls added that we likely could
have the plant operational by the end of thc summer of 2012 if there are no SEPA or other problems; bttt
said he is not confident we'd be ready the day the treatment plant was done. Mr. Rawls stated that
concerning the Inland Paper option, a feasibility study is being written that will go to the Department of
Health and to the DOE for approval; and if we get it to them in July; it would take substantially less time
to permit and build as that doesn't have some of same issues as wetlands; adding that the Inland Empire
Paper company would fall within scenarios l, 3, and 7.
Councilmember Wilhite said that using the Saltese means we will have a GMA impact, and therefore,
some consideration will have to be made for land negotiations. Mr. Rawls responded that the indications
he gets from the County Building and Planning Department, is that the County would be hard pressed to
justify any land into the UGA boundary, so that likely isn't feasible or attainable. Mr. Rawls eaplained
that ramping in the GFC (general facility charge) is for new development only; that they have already
locked in everyone in the STEP (septic tank elimination program) program; and they have financial
Council Meetiiig Minutes: 6-02-09 Page 3 of 6
Approved by Council:
DRAFT
assistance for low income for varying levels of assistance depending on income; and he said that low
income senior citizens monthly charge is generally 20% less.
Discussion turned to determining the most cost effective method: considering the entire indebtedness or
the cost to finance over time; and Mr. Rawls said the most cost effective method is the riventy years
straight-line payments without deferred principal; as noted on the white paper under #8. Mr. Rawls said
the twenty-year debt with interest only the first five years, for a bond issued in 2009 of $126,761,116, the
total debt service would be $216,113,610; which is the least amount of the four options listed under that
item #8; and he said the bond issue does not cover Saltese. Mr. Rawls mentioned that the Board seemed
to like the interest only option; but there was no Board consensus as one County Commissioner liked the 20-year; and another liked the 25-year option. Mr. Rawls said they will schedule a public hearing; and
will draft a resolution to try to determine how to present this at a hearing as there are a number of
variables; adding that he would prefer to have one hearing without having to come up with new criteria,
and said he hopes to have a resolution next Tuesday so the Board can set a hearing for June 23, which
could be deferred to mid-July if needed. Mr. Rawls also mentioned and invited everyone to the
groundbreaking for 12:30 Thursday at the stockyards.
Councilmember Taylor said the $2.00 rate difference is nominal, and he would prefer to pay less in
interest and remove the debt earlier, so would lean toward the five years interest only with the riventy-
year period. Counci/ conczirred with Mr. Taylor's recommendation, adding that the goal is to have
monthly rates as (ow as possible. Mr. Rawls also mentioned that they are not currently funding for full
replacement; and at the end of twenty years, there would be no funds to replace the building. Mr. Rawls
said he would welcome any additional thoughts and preferences, and that he will pass on these comments
to the Board of County Comtnissioners. Regarding the status of the overall commitment for construction
and operation, Mr. Rawls said they signed a contract for the design, construction and operation for riventy
years, that it has termination clauses, but they are fully committed until they decide to terminate; and he
- feels this project is a"go" but said he realizes anything could happen. Council thanked Mr. Rawls and
Mr. Senescall for their presentation.
In a point of order, it was moved by CouncibnenTber Taylor, seconded and unanimously agreed to excuse
Councilmember Dempsey from this evening's meeting. Mayor Munson called for a recess at 7:27 p.m.
and reconvened the meeting at 7:40 p.in.
3. Proposed 2010 - 2015 Transportation Imnrovement Plan - Steve VVorlev
Senior Engineer Worley explained that as we do annually, this is the first draft of the six-year Draft
Transportation Improvement Program for years 2010 through 2015; and the public hearing is scheduled
for next week; he mentioned the list of projects by year, said that there are not a lot of added projects;
mentioned the two added "pavement management program" projects, one for local access and one for
arterials at tNvo million each, and said these projects are related to the Street Master Plan, and although we
have not yet identified a funding source, he felt it important to add these as a placeholder as staff
continues to seek funding, as that also allows us to anticipate going after some federal grant money for
preservation projects within that program; adding that more projects could be added latter. There was
brief discussion on some of the projects descriptions, with mention by Mayor Munson that project
description 45 had not yet been approved by Council. Public Works Director Kersten said that project
presentation is scheduled for the nest study session and that project can always be further discussed to
determine whether to keep it in the TIP. Mr. Worley said the Sullivan Road to Wellesley was a project
carried over when we incorporated, with the idea of moving from five to seven lanes, but staff is re-
evaluating that project to see if seven lanes are really needed. Mr. Worley also stated that we may not _
have all the funding currently available for all the projects currently listed in the TIP. Mayor Munson
said he would prefer to see the study on the Broadway stripping before it goes to public hearing; and Mr.
Council Aleeting Minutes: 6-02-09 Page 4 of 6
Approved by Councrl.•
IJ.RAF'T
Mercier said that including a particula.r projeGt h1 the "1'IP reserves the apportuiiity ta secure Cg7ose grairts if
Council rvere to choose ta move farwarci; ar1d that for tllis particula:r project, we ca.n set it for a subsequent
separate public hearing when the data is gathered.
4. 1VYixed i.Tse Nmrth of.Rutter AVenuc CQnnn Plan AmendFnent - Gre2 McCormick
I'[an.ning ;l)rfanager Mc+Cornlick explained khat xhis comes to council as a result of cancerns expressed by a
representative froin WS,I3OT rcgarding allflwing additianal resitiential dezzsity in 7one 6; and one of the
altera3atives presented by W5'DC7T was far Ehe City to change the zonitig frozn residentia[ tp mixed uset in.
Zone 6 norkh of:Rutter flvenue. Mr. McCQrmick displaycd a map showing the area in question, which ss
bautzded an the south by Rutter, on the cast by VVista, ori the north by the RaVer, as7d «inds down along the
park; 'he said the area is predominately R3 zaning with alittle paich of R.4 sout11 of Eucl'rd; tfaat typically
rnixed use is in areas such as CenterYlace, Nlirabeau Parkway, and in areas with good access hy arteriais;
he said the comprchcnsive plan indicates that housing is mast typically a part of maxed use and the issue
in ihat ci:rea is one 4f ltousing; and lze sai,d staff seeks direction on wfiether to prflvide additiqtaal
infarmatiozl aneifor place ffais on next year's dackck for cofilp pla:n amendrnent consideratian. AfEer brieF
Council discussion it was determi:ned that Council cancurred with staff s recpmmendatioii to jiot pursue
ttlis furtlYer, as it seems Ii:ighly unlikely that a mixed use designation that has a]iig1~ denssty residentaaf
comporient wau:ld be acceptable in this area.
5. Caurt Serviccs - Morzan Kaudelkal Dave Mercier
NIr. M:ercier rsported ihat Council preyiausly voted to give notice of termination to Spokane J.7istrict
Caurt, and that such notice was issued ka camp➢}+ wvith a skatutary timetable, but wiCh the understanding it
cauld be resoinded on or before Qecember 1, 2009 Follawnng an alternatiVes anadysis; he mentioned staff
became aware tliat a variety of similar cotiirt scrvices analysis liad beeti coiiducted in Washington sirice
t'17e 1990's and that Anne Pflug was the principa:l autlzor of most ofthose studies; that staff becarne aware
that GVashington'sDepartment of C4mmunity Trade and Economic I7eVelopme3it {CTEp} has a research
camponent to which Ms. F'fiug is affi.l.iated and auailable to provide sign:ifcant expertise to the task at
hand in our city; that stafE engaged in the process of develaping a scape of services to address khe
e[ements of an a[kernatives analysis and have worked witli Ms. Pffug ta identify a-not-lo-exceeci" cost of
$49,800 for her collaborating. NIr. Mercier aisp mentioned that tfie curreark annual cost of count reIated.
services are $1,,534.000; so the not-to-exceed cost of GTED services equates to 3.25°/0 of aur current
annual court costs, and .54%o of tlze cost of services aver ihc next six years. After brief couticil discussian
an other reports of Nls. Pflug, there was no GoLmci.l objectioti to staff proceeditig ii7 an early arrangement
witli umI7.
fi. Advanse At-enda - Mavor Munson
Mr. M'erefer mentioned that tlae snaw renmova8 c4ntract has been added as a retreat agenda item; a:nd.
M;ayor Munsan said that ihe Waste«rater Treatnient Pla«t hxterlocal was also adcled, with comment from
Mr. Mercier ihat staff reCeived an update at tlae c[ose of busiztess today. Causici:lniember Gothmann asked.
if the pubfic workS caunty contact coiild be made auaila6le to l'he puhlsc, and Mr. Mercier said staff ca:n.
upload it ta 4ur websiie, which could includc a letter from Mi,lce .Tackson as zvell as hTeil Kersten's update
on the activity undenvay. lleputy Mayor 17snenny mentioneci the upco«aiszg retreat and since this will be
the last time it will be field at Spirir L.ake, he encouraged staff and their families to came up after the
meetina. CoLincilmernber GoChmann mcntioned he would like to have an apportuniry to have the nedv
heatth off,cer introduced ta Council,
Mr. Mercier saad wark is underway an fhe panhand:ling ❑rdinance, and rrientzoiaed ihe prescntatign given
by CotiiPicilrszember Goth:mann at the noon Chatnbcr meeting; and said skaff was alerted Chat one of the
Zoca:t justice 4rganizatians had intcnded to challenge 5pakane's ordinance canstitutionally on a vaariety of
elements, but has si,nce deterin:ined t.hey wil.l nat pursue that, but the, ACLT_T is ecrnsideririg the topic.
-iVlayar Munson said Fie would like to see this presgress soon; and there was bx-ief discussion conceriiing
Council,Meeting Minutcs:6-0?-]9 PQge 5 af6
AppP•aved by C'aurrcil:
DR4FT
colIecting evidence that sucn an ordinance is necessary to address problems such as traffe hazards.
Concerning tfie educatiniial element of this issue, Mayvr Munson said the Panhandling Task Force ;
suggesteci this be handled by an oLitsicie agency aiid not run by the City, and that ian Rabertson had asked -
to chair such a committee; suggesting tttat perhaps we could have a resolution which supports nce
establishmen,t of an autside agency to educate the citizens on tlie issues concep-eiing panhandling, and
accept Ian Rabertson's affer to chair the regional committee. Councilmember Gothmann mentioned tihat.
Steve Corker has also VoIunteered his services, and Mr. Mercier said a request for Volunteers has a[so
been made ta the Chamber.
1VIanda or aid Mpriorunson to t~~~f; a mcnttoned meeti the ng ~ 11 be h~ld in Spokane Val]ey wh.i~h soine members of Cauncil ~ u iii ]uPZe IS trans vrtation ccammission Eiearin at Cea~terPlace;
d staff
well attend, to examine the I-90 to State Route 195; tfie Trent £toad and Bridging the Valley projects,
Pines, Barker, Centennial Trail; and drive sosiie af Sprague Avenue through Sakane Vailey,
Councilrner~ber ~Nilhitc mentivned ihe bus tour is the 15`h, ~~ith the meeting set For thc 16.
7. Tnforztxativn C7n1v:
The Energy Efficiency Conseruatian Blvck Grant was for infarmatian only and was not reparted or
discussed.
8. Council External Committee RetDorts - Counc'rImembers
Deputy Mayar Denenny mentioned that the Agora Awards were distributed this mvrszing, and thafi.
although Spokane Transit didn't win, it was vne oF the tlaree finalists in the non-profit group.
9. CQUncil Check-in - Mavor'M'unson: mane.
10. Cit►F Manaeer Cnmments - Ilave Mercier; none.
There being na fiirther busi.ness, the meeting tvas adjaurned at $:26 p.m.
A`r'r'EST; Ricliard Munson, Mayar
Christ'sne Bainbridge, City Clerk
Cduncil Meeling Nlirautes: 6-02-09 Fage 6 0}'6
Approved by CQUncrl:
C~TY C]F SP(]KANE VALLEY
Reques# fior Gouncil ►4Gtivn
Meeting ❑ate: June 9, 2009 Gity Manager Sign-off:
Item: Check all that apply: consent 0 o1d business X new business ❑public hearing
❑ informatifln ❑ admin. report 0 pending legislatian
AGENDA ITEM TITLE: !lllotion consideration: Letter af support -studded #ire elimination
GC3►JERhIING LEGISLATIOiV: NA
PFtEVIOLIS C(31JNC1'L ACTION TAKEN: Study session in April, 2009.
BACKGRDIJND: Spokane Area Good Roads Association reeenkfy requested that the City pass
a mation of support to encaurage the elimination Qf studded tires fln Washington's rvads. The
basis for fhis support is stated in a Ietter the Association requests that the City sign, whieh wou id
be given by the Assoeiativn to state IegasEafars in 1Nashington and Idaho.
OPTI+aNS; Pass the mation, don't pass the motion.
RECOMMEh1DED ACTION OR M(]TION: a move that we approve the letter of suppork
encouragEng a ban Qf studded tites on raadways in Washington.
BUQGETIFINANCIAL IMPACTS: NA
STAFF CDNTACT: Mayor Richard MunsonIJoe Tartoreli, Spakane Area Goad Roads Assac.
A7TAC'HiVIENTS: Prrposed letter
nOKane
,;OoValley 1] 7[J7 E. Sprague Ave. • 5uite 106 • Spakane Valley,WA 99206
(509) 921-3000 • Fax (509) 921-100 S • cityhaEl@s pcskanevaI ley.arg
3une 143, 2009
Spokane Area GoodRoads Assaciativn
PcJ Box 14009
Spokane Valley, WA 992 14-4009
RE: Eliniination of use of studs in winter tires
Qn 3une 9, 2009 the Spcakane Valley Ciry CaLanci:l vated unanirnously ta authorize and
send this letter of suppoz-t endarsing the eliminatian af the use of studded tires fflr winter
driving ir7 WasSa:ington Sfiafie, Due to impraWernents in vehicle design for tractian cantral
and the advent of superior carnpounds in dedicated wi:nter 1:ires, it is apparcnt that the use
of studs in winter tires is no longer a.ii advantage. The damage to aur road system causecl
by the use af studded tires has resulted in precarivus road conditions due to ruts anci lcass
of traction in rainy canditians.
The sale of studcied tires shauld be eliminated with the use being sunseted wiihin four
years of the elimination of the aut,hvrized sale in Washingtan State, We also encaurage
the State of ldaho ta considcr a sirnilar ban as we have many Tdaho residenis txaveling to
our city oi1 a dail,y basis.
We wal.l encourage aur state legislators to sLipgork lcgislatian that wil:l elianinate the
authorized use o,f studs in winter tires. Tharik yau far your advocacy of this issLie.
City o,f Spokane Valley CaunGitmembers
By
Richard Muiison, Mayar
G1TY OF SROKANE VACLEY
Request for Councii ►4ction
Meeting date: ,June 9, 2009 City Nlanager Sign-aff:
Itenn: Check alf that apply: [I consent ❑ fl1d business ❑ new business ❑ puhfic hesring
❑ information Z admin. report ❑ pending legislation
A+GENOA ITEM TITLE: Energy Efficiency Canservation Block Grant
GC7VERN1N G L€GISLATI0 N: American Recovery and Re investment Act af 2009
PREIII{3US COUNCIL ►4CTION TA'KEN: lnformativn Item June 2,2009
BAGKGR[)UNd: The American Recavery and Reinvestrraent Act of 2009 appropriates funding
for the Department of Energy (DOE) tv issue formula-based grants under the Errergy Efficiency
and Conservation Block Grant {EECBG} Pragram. The City of Spokane Valley is eligible for
$823,400 ta spend on energy canservatian planning or projects that result in energy savings.
Projects being considered include:
B Pvtential partnership with AVISTA in residential and commercial energy pragram;
• Traffic signal LE❑ retrafits and street ligh# L,ED retrofi#s;
* Traffic efficiency irr-iprovements (instailation of flashing yellow arrows, signal caordinatian
projects, Sprague Avenue ITS);
A Bike anri pedestrian rnaster plan and partial construction;
o Energy audits and appropriate canstructian retrofits on City-owned facilities; and
•Preparation of a lang-term energy plan for the City.
The grant application must be submitted by .1une 25, 2049 and musk 6nclude cfocumentation
fdenti'fying an appraved entity to file #he applicatifln and assuring canformance with the ❑avis-
Bacon Act regarding fair wages on fu#ure projeets using EECBG funds. Funding is expected tv
❑ccur in the fall ❑f 20(}9. Projects must tae impfemented and completed within 36-rreonths.
0 P'TI0 N S: The Council may accept or modify staff recommendations for proposed projects.
RE~CQMMENDED ►ACTI4N +DR MOTION: Prvvide direction an proposed prajects to include in
EECBG grant applicatifln; authorize letter af assurances as part of the appPica#ian.
BUaGETIFINANCIAL IMPACT$: A successful grant application wili ereate long-terrn energy
cast savings to the City budget.
ST►4FF CONTAGT: Mary May
►4T1'►4CHMENTS: Pragram Sumrr-iary; 5umrr-iary vf Propased Projects including +Cost
Estimates and Caffman Engineering reports; StafF Recnmmendation; 5ample Sustainability Plan
Energy Efficiency and CQnservation
Block Grant (EECBG) Prograrn Summary
Yhe purpose of Department of Energy (DOE) EECBG Prvgram is to assist eligible
entities in creating and amplementing strategies ta:
+ Reduce fassil fueti emissions in a manner that is envirvnmen#ally sustainable, and
to the rriaximum extent practicable, maximizes benefits for laca9 ar+d regsonal
cvmmunities;
o F:educe tatal energy use of the eligible entities; and
•Improve energy efficiency in the building sectvr, tha transpartation sectvr and
ather apprapriate sectors.
The EECBG Progeam falls under the American Recavery and Reinvestment Act of 2009.
Therefcarel special terms and condi#ivns apply to projects funded by the Act relating to:
o Reparting, traeking and segregatian of incurred casts;
p Rep4rting on job creatian and preservatian;
a Publecati9n of infarmatian an the Intemet;
■ Access ta records by Inspectvrs General and the Gaverrrment Accmuntability
atfice;
• Prohihitian Qn use of funds for gambling estab9ishments, aquariurns, zaos, ga1f
courses vr swimming poals;
•'Ensuri ng that 7ron, steel and man ufactured goads are produced in the Llnoted
States;
0Ensuring wage rates are camparable to t'hvse prevaifing on prajects of a similar
eharacter;
~Protec#ing whistlebiawers and requiring prompt referral of evidence of a false
clairn ta aro appropriate inspector genera6; arrd
n Certifieation and Registratian.
Entities may develvp uarious initiatives and projects that address one or more of the
purpases of the grant. Each activity an entity undertakes is nQt reguired to meet all of
the stated purposes. DOE encourages entities to develap many different new and
innflvatiue appraac'hes with9n the framework of the Iegis1ation and the guidance to serve
these purposes. Each entity is required ta use the funds in a cvs#-effective manner that
is of maximum benefit tv the papulation of that entity arad in a manner that wiil yield
continuvus benefits over time in terms of energy and emission reductivns.
Ta access the farmula grant funds (g823,40(7 for the City of Spokane Valley} the City
mu$t deuelop a strategy, including cvmponent activities, that is likely to result in
maximum energy ef€icierrcy improvements, fQSSiI-fue1 emission reductians, ecanamic
benefits and tatal energy use reduGtian. Eligible activities include:
1. Development of an Ersergy Efficiency and Conservation Sfrategy
2. Technica1 Corrsultant Seruices
3. Residential and Gommercial Building Energy Audits
4. Einancial 1ncentive Programs
6. Errergy Efficierrcy Retrafits
6. Energy Efficiency and Cvnservation Programs for Buifdings and Facilities
EECBG Program Summary Jurre 9, 2009
City Councii NVleeting
7, Development and Im,plementation of Transpvrtation Programs; '
8. Building Codes and Inspectivns
9. Energy Distributian
10. Material Conservation Programs
11. Reduction and Capture of Methane and Greenhause Gases
12. Traffic S3gnals and Street'Lighting
13. Renewable Energy Technvlogies on Government BuiPdings
14. Any Qther Appropriate ActiVity
Page 2
Summary of Proposed ProZects
Nncluding Cost Estimates and
Coffrnan Engineering Reports
5taff has identified several prajects that meet the parameters of the EECBG Prvgram.
Some enable the CRty tv respand immediately with improvements that will result in direct
energy savings and tangible benefits to the publie. C74hers enable the City to estakalish
the necessary daeuments fvr continued improvements and energy ef#iciency. Each of
the projects is described belaw and Qn the follawing pages, with supporting
documeratatinn (as avaiVable) atkached.
1. Partnerina with Others for Residen4ial and Cammercia9 Emerqy Savinas
a. DescriptiQn:
Staff has me# with Avista representatives and has discussed pntential partnering
whereby Spokane Valley residen#s and businesses would benefi# frorn EECBG
funds through a cQOrdinated education, rebate, energy audi4 and retrofit pragram.
Details of the program are being develaped. By participating, the City wauld be
able tv leverage addutional funds, including State Energy Pragram {SEP} funds, up
to a poSSibVe 100°Io matCh.
b. Cast: A specifie cvst es yet to be determined and would potentially be based on the
arnount of rebates issu ed by Avusta ta fhe City th rough other programs. For
ins#ance, if the city received $10,000 in rebates fvr insta9ling energy efficient street
lights, an equivalent amflunt of EECBG funds could be earmarked for apartnerang
prngram.
c. Time Frame:
Details of the partnening program wQUld be confirrried within approximately 6
months and carried out wii:hin 36 months. Depending ❑n hovu #he program is
struc#ured (i.e. revolvirag foan for energy audits and reftrofits, rebate programs,
e#c.), benefits would carry on beyand the life of the EECBG Program.
d. Meeting EEC6G Goals:
Several gaals Qf the EEC!BG Prograrrr include encouraging coardinativrr arnang
local jurisdictions and vther entities, Ieveraging additional funds, designing
programs that will continue beyond the 35-month perFormance periad, and
praviding community-wide berrefits. The proposed parknering program meets all of
these parameters. lrr addition, apartnering program as outlined falls within several
eligible activities identified in the EECBG Program (Number 3. Residential and
Cammercial Building Energy Audits; 'Number 4. Financial Incentive Programs;
Number 5. Energy Efficiency Retrofits; and h1umher 6. Energy Efficiency and
Gvnservation Programs far Buildings and Faci1ities).
EECBG Praposed Profects &Estimates June 9, 2009
City Cauncil Meeting
.
2. Traffic 5i'anal LEms
a, Qescriptian:
Zhe Ci#y has been replacing existing traffic signals with energy-efficient L'EDs. The
LED Cights result in brighter signal displays, an average energy reductian of 39
percent and reduced electricity and energy costs. The City has completed
approximately 56 percent of the intersections; EECBG fund5 wQCald be u5ed tQ
cvmplete the retrafits thraughout the City. Those signals powered by Avista would
be eligible for rebates that reduce oear equipmerut cost.
b. Cast:
Staff is estimating the cast at $74,800. Avista rebates in #he amaunt of $9,800
would be issued, reducing the City cost to $65,000.
c. Yime Frame:
Traffic signal retro°Fts cau1d be completed within 12 manths.
d. Meeting EECBG Gaals:
7raffic signal retrofits fall within an eiigible activity identified in the EECBG Program
([Vumber 12. 7raffic 5ignals and 5treet Lqghtirrg). The project would resu1t in a ;
reduetion sn energy use. Energy savings wvuld carry on beyand the life nf the
EECBG Prvgram.
Rage 2
EECBG Propesed F'rojects 8 Estimates June 9, 2009
City Cauncil IVleeting
3. Street Liaht LEQs
a. Descriptivn:
The City ►nrDuld reptiace high pressure svdium street 1ight lamps wi#h energy
efFicient LEDs. Retrofits wvuld vccur in up t❑ in up #0 362 Ivcations.
b. Gvst:
Prefiminary cvsts ars estimated at $1=265,00 per street light luminaire (see
at#ached worksheet). Cos# estimates may be further refirred. A rebate prQgram
through Avista or vther energy providers may be identified for this project. If all
362 iights are replaced, tha praject tofials $457,930.~
c. Time Frame:
Light retrofits cvuld be campleted within 12 to 36 manths, depending on warkload
and number of retrvfits desired.
d. 11lleetireg EECBG Gaals:
Street light retrofits fall witihin an etiigible actiVity identified in the EECBG Program
(Number 12. Traffic Signals and 5ireet Lighting). InsRaila#son wauid resul# [n an
annual carkaon dioxide reductian af approximately 586 lbs per luminaire. The
anrrual cost savings per luminaire wauld be approximately $38.00 per year {see
atfached wvrk5heet}.
Page 3
EEGBG Propased Prajects & Estimates .lune 9, 2009
Gity Cauncil Meeting
4. Traffic Sional Phasinq
a. Descriptian:
This praject would replace select lef# turn arrows with a signal head that includes a
fiashing yellav+r arrow to eeduce delay tv lefteturning vehicles. StafF has identified
20 intersections throughout the City that could benefit from this tyR e vf
imEraverrrent, including intersectinrrs such as 4~' and Sullivan, 16 and Sullivan,
24 and 5ullivan and Sprague at the Costca stare. However, nat all intersec#ions
may be eligible due tv exist9ng signal mast cvnstruc#ion.
b. Cost:
The estimated cosfi is $7,000 per traffic signa1. If all 15 signa1s are upgraded, the
project totals $10,500.
c. Time Frame:
Upgrades for traffic signal phasing cauld be campleted within 12 to 24 months,
d. Meeting EECBG Goa1s;
Projects that reduce car idling time result in reduced carbvn emissions and are ,
therefare eligihle for funding under the ~ECBG Program. Specifically, traffic signaf
upgrades fall Wthin arm e1igible activity identified in the EECBG Prograrn (Number
7. Development and Implementatifln af Transpvrtatian F'rograrns).
Page 4
EECBG Praposed Projects & Estimates June 9, 2009
City Council Meeting
S. Traffic Sianal Coordination
a. Descripfiian:
This project includes hiring a consultant tv develop weekend and evening signal
caordinatian for select corriciors. The resulting improved tratfic flow would reduce
car idling time, resu1ting in reduced carbon emissians.
b, Cosfi:
Staff has identofied a fixed amaunt af $75,000 fvr trafFic signal covTdinatiQn. Actual
cost wQUld be dependent on #he rmumber of eorridars selected.
c. Time Frame:
Upgrades for traffic signal coordinatian, including eonsultant wark and project
impYementation, could be campleted within 12 to 24 mvrrths.
d. Meeting EECBG Goals:
Prajects that reduce car idling time result in reduced carhan emissiens and are
therefore eligible for fu nding under the E ECBG Pragram. Specifiea1ly, traffi e signaf.
upgrades fall within an eligible activity identified in the EECE3G Program (Number
7, Develapment and Implemerrtation of Trarsspvrtation Programs),
Page 5
EECBG Praposed Profeets & Estimates June 9, 2009
City Cauncil Meeting
6. Spraaue Avenue IT5
a. C}escription:
Cona1uit fvr the Inte4ligent Transpcartation 5ystem (ITS) Qs being installed w[th tfae
5prague Avenue overlay this summer. EECBG funds would a11vw the placement
af fiber within the cortduit tv irnprvve signal cvmmunicatian and cvardinatian. The
prvject wou9d result in reduced car idling time, resulting in reduced carban
emisstorrs.
b. Cost:
The e5tirraated cvst far the placement af fiber is will be available at the meeting af
June 9, 2009.
c. Time Frame:
Conduit is being placed Frorrr University to Evergreen this sumrner; Evergreerr tv
Su1livan +s expected to be completed in 2010, Fiber wauid be installed after
completivn af thre conduit projects.
d. Meeting EECBG Goals: -
E'rojects that reduce car idling time result in reduced carbon emissians and are
#herefore eligib9e for funding under the EECBG Program. SpeeifiGal9y, installation
af an qTS fa9ls within an eligible activity ideratified in the ELCBG Program (EVumber
7. Development arrd Implemerrtation of Transpartativn Prvgrams).
~ Page 6
EECBG Propo5ed Frajects & Estimates .lune 9, 2009
City Council Meeting
7. Bike and Pedestrian MaSter Plara: Qocument Preoaration and ►4doptxvn
a. ❑escrip#ion:
A goal of the Gity's Camprehensive Plan %s the adoption ❑f a rnaster p1an which will
ena,ble the City ta leverage further funds far cvrrstruction of alternative
transportati6n facoiities (bike and pedestrian paths) and create a safer envirvnment
for the casual ar serious, recreativnal or commute bicycle rader.
b. Cast:
Staff estimates atotal of $139,700 for preparation 6f the 8ike and Pedestrian
Master Plan. This includes fundirag ane full-time position at the EECBG Program°s
job canversion rate of $92,000 per job. The one fuil-time posit'sern is based on City
of 5pakane using 1.5 employees f❑r vne year. ln addition, the total cast incluales
$35,000 fvr consultant assistance t❑ help with identifiGatitin of safe routes and
ather recvmmendatians; pYus 1 a°la for public workshops, report produetivn, etc.
c, 7ime Frame: Preparation and adaption of the Bike and Pedestrian Master Plan wauid take
approximately 18 manths. Benefirs af the Plan would carry on beyond the 35-
mvnth time frame af the EECBG Pt`vgram.
d. Meeting EECBG Goals:
Several gvals and objectives vt the EEC6G Program are rnet through the creativn
and adoptian flf a Bike and Pedestrian Nfaster Plan, including creating s#rategies ta
reduce fassil fuei emissions. Specifically, the Master Plan falls wifhin an eligible
activity identified in the EECBG Pragram (Number 7. Development and
lmplernen#ativn of TranspQrtation Programs).
Page 7
EECBG Proposed Rrojects & Estimates June 9, 2009
City C4uncil Meetang
8. Bike and Pedestrian Master Plan: Facifitu Imo1ementation
a. aescriptian:
EECBG funds wvuid ba used tivr implementation of specifiG prajects after adoptuvn
of the Bike and Pedestrian Master Plan. Potential projects could inc1ude sidewaIk
canstruction, bike lane striping and signing, and trail design andlQr canstruction.
b. Cast:
Costs per lineal miYe of painting a bike lane (assume both sides of street) is
$28,648y vr $97,872 for durab1e, heat applied pain#.
CQSts per lirreati mile of sidewalk construction range from $183,744 to $387,130
depending on improvemen#s needed (sidewalk where curb arad gut#er are already
present; curb, gutter sidewalk hut no swale; full curb, gu4ter, swale and sidewaik).
Costs fvr a MillwoodlSpokane Valley bike and pedestrian trail is estimated at
$868,579. lfhtis does not anclude costs fvr enganeeeing design and construction
marsagement (estirnated ta be 20 percent of tvtal cos#) or far right-of-way
acquisition where needecV. {Note: E€CgG funds cannat be used for righ#-af-way
acquisition.}
Details of each of the above described eost estimates are cantained ❑n the ,
attached pages.
c. Time Frame:
Facility improvements wau1d be identified and would occur following advptivn of
the Bike and Pedestrian Master Plan and before expiration of the EECBG Pragram
(fall 2a12).
d. Meetarrg EECBG Goals:
5everal gaafs and abjectives of the EECBG Program are met through
implerraentation of bike and pedestrian fiacilities. S,pecifically, the pr❑ject falls wikhin
an eligib4e activity ideratified in the EECBG Prvgram (Nurnber T. Devefopment and
Vmplernenta#ion of Transportatian Programs).
Page 8
EECBG Prapased Prajects & Estimates June 9, 2009
City Council Meetirrg
9. Sustainabilit►► Chaoter for CorraorelaensiVe Plan
a. aeseription:
With a current population of over 88,000, Spokane Va[Iey is the sixth largest city in
the State of Washington. Significant progress has been made in adopting cvdes,
programs and policies to gaverrr and guide the city. A sustairsability chapter in the
City's Comprehensive PZan would put in place the neeessary framewark to launch
pragrams and ieverage additional funding fvr energy efficient technalogies and
sustainable vperatians throughout the City. The praject would include identifying
basaline data regarding the Gity's energy use, estahlishing targets ta mee# federal
and state Iegislatian, and setting goals and policies ta take advantage of energy
saving and ecvnQmir, incentives.
b. !GoSt:
5taff estimates a total of $189,200 for preparativn of the Sustainahility Chapter for
the CQmprehensive F'lan. Tfais includes funding one fuli-time position at the
EECBG Prvgram°5 JflI7 Cf7f1Vef510F1 rate of $92,000 per job. The one full-time
pvsitivn is based on Gity of Sqokane using approximately 2 full-time emplayees
qlus 2 student interns and figuring the size of 5pokane vs. the s9ze of Spokane
Vaaley. In addition, the tvtal cost inciudes $80,000 for cansuftanf assis#ance ta he1p
with iderrtification of baseline data, current sustainability pragrams, and legislative
requirements {this figure provides a consultant working abaut 15hrslweek for 50
weeks at about $11 0Ihour}; plus 10°Ia for public workshvps, repart prvduction, etc.
Staff would explore appor#unities for partnering with universities in the regian and
potentially with energy companies, etc.
c. Time Frame:
Preparatian arrd adoptian of a Sustainability Chapter for the Comprehensiue Plan
wauld take appraximately 24 months. Benefits of the Plan would carry vn beyond
the 3E-month time frame of the EECBG Program.
d. Meeting EECBG Gaals:
Several goa1s of #he EECBG Program include creating strategies energy efficiency
anci conserva#ian, leveraging additivnal funds, designing pragrams that will
contirrue beyond the 35-month perfarmance period, and providing community-wide
benefits. Yhe proposed Sustainaloility Chapter meets all of these parameters.
Specifically, the 5ustainabii'sty C hapter falls within severaf eligible activities
identified irr the EECBG Program (Number 1: Qevelopment of an Energy Efficiency
and Cvnservation Strategy; Number 8. 8uilding Codes and Inspeetions; and
Number Material Conservation Pragrams).
Page 9
EECBG Proposed Prajects & Estimates June 9, 2009
Gity Councii Meeting
10. Citv Facilitv Audits and Retrofifs
a. ❑escriptivn:
Preliminary walk-thraughs have heen canduc#ed at Centerplace, the Valley
Precinct, and tfae dance ha11 at 5ullivan and I-90 tv identify areas for potential
energy imprvvements. EECBG funds would be used to implement
recammendatiDns as feasihle. Imprvvements may include energy-efficient lighting,
►water canserving pVumfoing and fandscaping, low-e windows, insulation, and
weather striping.
b. Cost:
As described in the report prepared by Caffman Engineers (attached), retrofits and
improvements at the facilities would total $163,933 (includes a 15 percent '
cantingency). A breakdawn ❑f each identified improvement, per facility, is included
in Coffman's report. iro addition, the pre-award services of Coffman Engineers
wauld be reimbursed through this prvject {a time-and-rraaterials contract up ta
$18,000}.
c. Time Frame:
~
Cvmp9etion of facility retrofits would occur within 12 mvnths. -
d. Meeting EECBG Goa1s:
5everal gva1s and ob;ectives of the EECBG Program are met through retrofitting
City facslities, including reducing total energy use and irnproving energy efficiency.
Specifically, the audit and retrofits falls within an eligible activity 4dentified in the
EEGBG Program (Number 5. Energy EfEiciency Retrafits and Number 2. Technical
Consultant Services).
Page 10
i
I
Staff Ftecommendatlon for
Prvposed ProJects
Under the EECBG Program
The Cety of Spokane Vaqey is alfocated $823,400 from the Energy Eff'icieracy and '
Canservation Program. Based on #he intent af the program and the needs of the City, ~
staff is recommending the following projects at the identified amounts be included in the
June 25t' submittal.
Praposed Clfiy af Spakane Valley EECBG Qrojects
Prvlect I Cost
1. Building Retrofds I $13,404
Center Place: Wa#er Heater Insulation; Duct Sealing
Dance Hali: Repiace Water Heaters
Precinct: Instalf Sensor Faucets; Replace Shower Heads
2. Bike and Pedestrian Master Plan: Preparation and Acioptian $139,400
3. Traffic Signal LED Replacement$ (after rebate) $55,000
4. Traffic Signal Govrdination $70,000
5. Bike and Pedestrian Master Plan: Projeet Implementation $157,000
fi. Sustainability Chapter for the Comprehensive Pian $189,000
7. 5treet Light LEa Replacements (approximately 150 lights) $190,000
TO7AL ~ $823,400
SAMPLE SAMPLE SAMPLE
CREATING A MORF SUSTAINA'BLE VANCOUVER
A CONTINUWG, DYNAMIC PLAN f~`ORA BETTER F`~jTURE
ppZF~~
V
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.
FERRUARY 1 % 1009
SAMPLE SAMPLE SAMPLE
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TABLE OF iCONTENTS ~
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Executi►=e Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ , . . . . . . . . . . . . . . . . . . 1
Tntrodurtian c•..............,.. Z
Backgraun+d ......,....3
Visian for a Susts:inable Vancouver . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , S
Msssion ffar a Susta:inable Vanc4uver . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . . , 8
Gruiding Principles . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . . , . . . . . . , . . . . . . . , , . . . S
NTayor Goal by Indicator . . . . . . . . . . . _ . . . . . . . . . y , , . . . . . . . . . . . . , . . . 8 -14
Specific Tde-ntified StrateNes and Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1S - 26
WhereVVeAreTodAy.. 27-37
'
Recommended Goals for 2bo9 : , . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37-41
Appendiees: A-1 Green Rdbbo'n Pane11M'embers, Cit}= 5taff, Advisory Services
. And Active Citizen iContributors . . . . . . . . , . . . . . . . . . . . . . . . . . . . 42- 43
,
3
SAMPLE SAMRL'~ SAMPLE
Creating a More Sustainaale Vancouver
EXECUTIVE SUMMARY
Sustainable cflrnmun:itges are generally de~'ined as towras and cities traat have taken ste„ps to
rernain healChy a~1er the long term. 5rastaina'~1e c4rnmunities have a strong sense of place. They
have a vision that is embracecf and actively promated by a11 Qf the key sectors of society,
including businesses, disadvantaged groups, enviranmental:ists, civie associations, government
ag,encies, and religious argan:lizatinns. They are p1ace5 that bui.ld on thei,r assets and dare to be
i.ranovvative. These commun:ities value healthy ecasystems, use resourCes efficiently, and actively
seek to retain and enhanGe a'bacally Yaased ecanorny. There is a perva$ive volunteer spirit t.hat is
rewardecl by concrete results. Pa:rCnerships between and amorig governiinent, the business sector
and nanprofit argan:izations are cam:mon in sustainabie ccir'ninunities. '
In 2008, the Gity of'Vanecruver ad4pted a Strategic Pian that i:ncluded arraang its m.~jor.goals a
"Healttay, Livable, and Suscaanable Van.cauver." Tlie City ❑f Vancouver's 5ustainability Plan
a'rms to provide afoundation or roadrnap for creating a sustainable Vancauver. Tt isnot intended
to replace ar replicate the S trategic Plan or fhe man;y other ~lanna.ng processes or business plans
i.ncorporated in City operations a:nd plarining. The Sustainability;Plan, in fact, builds upon or
inCegrates many of those efforts al:ready underway within fhe Ciry af V;anaQUver.
Tn ]ate 200$, laaders fram an array ❑f busi,ne-sse5, agencies; ❑rgan,izations and neighbarhaods
throughout Che com:mun:ity were charged with helping fihe C,ity.af Vancouver fmrge a plan to address sustainabilaty in both 'City operataons and Vancouver 6iammunsty strat:egmes. The resu3ting
Green Ribban k'anel, rriade iip o~f these appointecl citizen representatiaes ancl key City d:irectors,
met frorn Octflber 200 throtagh :lanuary 2009, aided by i:nvalved City rnanagers and staff and.
• .r
. .
c~ther interested citizen cflntr~butors,
The Green Ftibbon Panel esta~li shed a warlcing vision, mission and guiding principles,lvhich are
listed in thas Sustainab' iliiy Plan. Ih,adclitican, the Plan sets nut nirte majar goal areas: Climate
Change; Enuironment and Public Healt'h, Resource Conseraation; Transportation; Econorrtic
.C7eti=eloprnent; Land Use; the, Bu%lt Environment; Saciak Equ:ity; and Civic Engagement. Each of
these areas is 'represented 'sn Che plan by a graph:ic icon and key ,inciicatvrs. 'IUVith adoption, th:is
Plarr is i:ntended to,be a"Iivi:ng" document, changing and evalving just as information,
technological, environmental,•economic, and societal and cornmunity factors change and evolve.
7'he Plan aiso provides id'entified specific goals and strategies that include indgcators and.
variables for consideraition, sL1ch as Costs, saraings, sustainability benefrts and feasibility. These
are ranked subjectively on a scale fram one ta four and are inxended ta give future sustainabilit}+
efFarts possible areas of focus far further investigatiQrr or implernentatron. Ta begin tv rnove the
overall effort forwlyd, the Sustaanabality Plan also pravldes general cost-effective goals for 2009.
Most importantly, t.he Plan and its creation reflects an important belief held b}+ the Green Ribbon.
- P3ne1 and that is, no rnatter the gloibal a.nd local challenges, sustainability is best serUed by active
participatian and feedbackc, challenge and encouragecnent, fluid st.rategies and bold efforts.
SAi1fIPLE SAMPLE SAMPLE
. ,
INTRODUCTTt)N -
The City af Vancouver has ernbar'ked vn creating a mare sustaixiable future. This policy guidance
and di;rection has been born out af the leadership a£ Vancouver' s Mayoa°, City Council and Cxty
Manager. Responsible Susfiainahility-a term intended tp take into account shared abjectives for a.
healthy enviran.mrent, quality af life and ecanarrtic vitality-has been includeci in the Vancouver
City Manager's goals far the City since 2007. The City vf Vancauver Strategic Plan, adopted in
2008, alsa establtishes sustainabi:lity as a major goal, specifically a"Healthy, Livable, and
5ustaina'hle Vancauver" The City of Vancouver is also signatory to the"U.S. Mayars Cliaraate
Pratectian Ag,xeement and pat`rici,pates in a number 4f organizations tliat support sustainable
cornmunities. .
The City af Vancauver Sustainability Flan is intended to be a l:iving document that comtinually
eVOIVe5 wlYh TleW 1I]fOCIT1St1iD11, technologiEal adVances, envirpninental factors, pragress and
feedback frarn a wide range vf shareholders. T!ae Plan is intended to inform other City plarqning
processes; set goals and strategies and rneasurernents for the City and larger cornrnunity; and
identify, opportunities for change and progress. Though it wi:ll serve to help shape futare City
plannirag activities and goals, it is not intended to supe'rsede ot~er planning effarts"ar dacurnents.
This plan airns to flow frorn the di:recfiion set forth in the C'.aty's Sfi,rategic plan and ,not conflict
with specific strategies in tihat plan. Mastlmportantly, this plan aspires to encaurage alg flf us, as
a comrnunity, to participate in a n~►npartisan tiyay to help create°a m~are sustainable VancaLiver
and a strang future.
, BACKG~'iQLTNL7 ,
In arder ta deaelap a'comprehensive'appraach to s"ustainab,ility, the City of VancQUVer appainted.
an ad hoc task force, cal:led the C'rreen Ribbon Panel, charged with creaCing a palicy and plan to
address sustainabiliry in both`Cityoperatiphs and the greater Vancouver cammunity. The
Sustainabilify Plan will serve as a tool and rahdmap for helping fhe City coordinate efforts, tI'aGIC
gragxes~5 and facus eriergi6s on the h,ighest.priorities. These ' pplicies and strategies are- expected
to be presented ta the City' Council for farmal consitleration in 2009. Certain practices ar acteo,ns
aden:fiafied early in the process have beett ar will be puC inCa effect immediately when applicable.
Green Ribboit Panel
To inGarporate the perspectiv'es of City and community leadership, the Green Ribbon Panel was
made up of key citizen leaciers a:nd staYceholders wvrking with the Gity of Vancauuer directars
and other City staff. The panel first cr9nvened in late 2007. See appendix for memFiershrp. The
Green Ribbon Panel generally met monthby tv review and i;nform on avariety ❑f sustainabiliry
topics and principles. These topics 'rncluded climate charsge and greenhouse gases; peak vil;.
agriculture and food; biornimicry; energy; trarqspartatian; natural resources; land use; natural
capitalisrn; econom:ic development; the built envirQnment; sacia9 equity and civic engagement.
The Pane1's meetings cantinued thraugh January 2009, anel were regulardy attended by vari4us
elected o[icials artd metr!ibers of the pub]ic, i:ncludi:ng schaal grDUps an occasian. To assist in the
Panel's efforts, the City also ern'harked an its awn basetine greenhouse gas inventory far city ;
SANIPLE SANIPLE SAMP'LE
operations and the community during this teme. Ttie inventory sezves to identify and pasition the
City for opportunities to reduce greenhouse gas emiss'tons, as weil as canserve natural resaurces.
This inventory has since hecorne a State af Washington reporting requiremeni. To set the stage
for overall successfui sustainability planning, the Green Ribbon Panel chase the Natural 5#cp as
an underpinning and &amework.
T6e Nstural Step as a F'oundation
The Natural Step (TNS) was faunded in the 1980s by Dr. Karl Henrik-Rob&rt, a pediatric
vncolagist and leading cancer researcher in Sweden. Dr. Robert obser'vect that a!1 cells in nature
have sunilac basic requirements for sustaining and propagatinc, life, but same of these
requirements were being systematically eracied by industrial aetivitv. He atscr noted that when
faced with a crisis, people showed amazing depths of campassivn, courage and wi9lingness ta
sacrifice for others.
In an effoct to move beyand the endless and confusing envirortmental debate berweer► interest
gr4ups and instead focus on the systemic causes of errvirc►nrneratal degradatron and incressing
human iilness, Dr. Rabert set out ta define the guiding principles for a sustainable svciety. In
cotlabpration with 50 calleagues, rpgorously debating ihrough 21 drafts, the scientists agreed on
fhe fundamentai principles necessary for a truly sustainxble and full-ftinctioning society and
econorny. Based an the laws of thermQdynamies, these system conditions are as follows:
In a sustainable societjr, nature is not subject to systemicafly increasing:
1. concentrations of substances extracted fram the Earth's crust (e.g. fossil fuels, major
nnetals, mined minerals and radiaactiwe el+emencs);
2. cancentrations of`sulastances praduced by society (i.e. bioaccurnulative persistent toxins
aka PBTs); ,
3. degraclation by physical rneans (pr depietian df eco-systern services such as water, soil,
faress, fisheries, ete.);
and 1n ihaE soc iet}' 4, people are nok sub}ect to canditivns that systemically undermine their capacity to meet
their nee-ds. "
Today, saciety and our cammunities are operating outside the framework set by these eonditions,
and as a result, ruttning tvwards increasing eeonomic problems as fresh and non-polfuting
diminish. This is often referred tv as thefunnef of declining resources and increasing demand:
vvmw~ DeclinUng A sustainability plan requires bald stegs that
Fomti; nalural rescrurces and
ecasystem serveces recognize #he dimini5hing opportunities
The presented in this metaphor of the funnel. At
funnel the same time, it acl.-rrovvledges that the
Inc~easing Planet is a complex system where everything
and every action are interconnected at sorne
Y«~~ar demand for natural
~ resaurces and level.
A . . . . . . ecosyst+ern semcss
a :x•t T ~.t~,,.~ ~r.~,
SAMPLE SAMPLE SAMPLE
Qver the years, The Natti:iral Step fra.rnework has successfully devel'oped inta an education, -
t,raining package and.cpmpass - an effective strategic planning tool far decision tnakers.
The Natural Step (TNS) uses "backcasti.ng" as the prirnaty methad far pianning, alsa knQwn as
the A-B-C-D process. The first step (A,) is sharing the framework to bui:ld general awareness and
a shared language. The second sCep (B) invites the group to do a baseline analysis of current
practices based on tihe fQUr sysCem canditions tfl see where they are potentially being violated.
Fqr the t_hi,rd step {C}, the group brai:nsfio,rrns to envision a sustainable future that honors the ,fau:r
systern canditions. IJu:ring the fDUrth 5tep (D), the group considers new anci specific sCrakegies to
reach tliat susfiainable future, keeping in rnind t'riree questions: r
1. Does this take us in the right direction? 2. Ts it aflexible platfarm, where future innovatians are ppssible? .
3. What is the long-term cast vs. benefit?
T'he Natural Step hasbeen embraced by nurnerous organiz;ations and rnunicipal.ities in the IJriited.
States arad in ten oiher countries frorn Aust:ralia to Canada to the United Kingdorn, in developing .
sustainabi.lity plans. ' .
Studies and Resources Reviewed and Cansidered by the G'reen Ribhon Panel
5everal stud:ies, bao;ks and articles were reviewed,hy the Gxcen ~Ribbon Panel, inclucti:ng the
. -
avai.lability ofa lending 1'rbrary on variaus topics related to sustairiability. A cornplete listEng Qf
tkaese resources cars be found in aPpendix
L}efinition of Sustainability ,
The Greerr Ftibben Nnel considered ,imany diff.erent defin:ations of sustainability. The most
commonly quoted definitioin of sustai:nabil,ity is f.rom tlhe C]n.ited I4iations 1987 pubi'r,catian, Qacr
Corramon ~'xrtarre, known as`the Btiantland~Report; wh.ich says: "Sustai.nab1e development is
develapment t.~iat meets the needs of the present r~ithout cQrr~promising the ability of future
generations~to meet their avvn needs
e r r Other definitiar3s refer ta the triple bvtitom line vr where a sustainahle society must support the
economy, whzle pratecti.ng the enviran,rnent and pramoting social equity. `I`his has alsa been
pfit or cammerce, cornra~un'tty and cl:i:rr~ate. Fundamentally, the
referred uest~on o to as s~penstaip1e~b~lt1a,~atet ~a _ancl r
q ' 'y yuv Williain MeDonaugh frorn his baok, Cradde to Crrrdle, is:
"Htrw do rve love add the chiddren of al[ specr"es far tall tirne?"
SA►MPLE SAMRLE SAMPLE
Vision,Missian and Guicling Principles
The Cireen Ribbon Panel spent consicierable time developirag and embracing a Vision Siatement,
Mission Statefnent and Guiding Principles.
T'he vision, mission and guidirtg principles were developed by the Green Ribbon Panel to help
guide arld infarm the establishrnent of fhe goals of the plan.
The nFne majar gcaal areas set forth by the Green Ribbon Panel include:
6n-
Climate Chan(ye Envirvnrnent anc! Fubtie Health Resaurce Conset-4°ation
y
Transportation Economic Development Land vse
z4~ ~
Built Envirarunent ' Social Equiry Civic Engagement
A'ote: Irrdiccrtars• earr "Sustairralaililv f;atdges" above huve been plaeed at rarrdoiri crrid crj•efc~r•
,~vztt;~oses of illrrstr•c~tion oral~~ in 2hls r-epr~rt. ~
~~~~~E SAMPLE
Plan for City Operations antl t'he Community: Lead By Example -
Vancouver's Sustainability P1an cvnsiders measures that City operations cauld take.to improve
csanditions for the en,vironment, economy and social equiry. Wh:ile many of these re-late ta how
the City does its day-to-ciay business of providing public services, they also go further,
recogni.zing that the City needs to lead by example. As a result, the Plan also envisi4ns strategies
that move the cornmunit}+, businesses, ather agencies and the publ,ic i:n concet`t tagether toward a
mare sustainable futuee and en,courages neighbaring jurisdictians to do fihe same.
Need far Strategic Alltiances: S ustainabz:lity Cannat be Accom plu hed -Alone
Additionally, the City recogn:izes t:hat many a~'the goals arad s~r egfe~s~~needed to Great~ a mQre
sustair~abYe future catanot be accomplished alone. Strategic alliances ►,vzth-business, industry,
energY praviders, developers, neighborhaod assaciatio ns,Astate and fed4al ~gsncies, nonprait
groups, educatipn and athers arc needec3 far the Sustalnabil:ity Pla:n to be succ,e~ssfu]. '`he Plan
also calls upan City leaders to promote chamges at sta e a:nd federal levels thro gYritan4vations,
incentives and ruies. ~d -d 4, '1%
~1_ n ~ ~
Clianate Change
ln s sAairaabi.lity, cli:ma~e~'h:angecan be addressed as a
ca~sidering the ~nany sssues rela~~~i ta
distinct, imprartant and related'topic. The Cit), i'sra-si,gnatary ta theNU~Mayor's Cli:rnate
Protectian Agreement. (See Appendr"x) As such, the Ci y~lias adopted the Ky~sto Treaty
` v`"Tt'~
requirements and is ti+orking ta red:uce its greenhfluse gas-emtsions~7 percent belaw its 1990
levels, accordit~g t~a fihe c~iriif~fi laid Qut i:ri~th~C agreem: ~t'. Also ir~curnbent in this
agreement is City support ~'or therlead'rng world science, as set fortih by the Un:ited Nations
Int:ergovernrnental Pa ~~'.on Cl.irt~a e Ghange. Fu:t~hermore, the City accepfis tYte scienCif c fact
that climate change is ❑c ~ing and9is aresult of h: an actions. 'I`h:is is best stated b~= CIne U.S.
~'resident's Science Advisor~~~~~
"3~`he frtas't i~ortar~t~ec~~ci~ cr~ u,globt~l clrrncrte disrzapttan -1'l1Qt's it'S real, dhat a1's acceIer~rding,
~i
tlzat tt'~s ~0i~ng signifiearrt h~~r.m r 4hat hum~~_a_ctivities r~re ;responsabde far i~aast' of if hrzve n~t F~een
cted,6a~ enemies af cup:talc"sm. ~hey are $ased an an tmmense e~l fce af painstakrng stxsdi~s
con~r,
pub2aslaed irrThe>tiv~rlct's [eadinp eer~ revrewed screrztific joiarnafs. They h~rve bee~s ved!'ed and
dcrczrmented an ex,~ucrati:ng ded~~by the largest, l~angesd; cosPlle.st; most interr7sataonaI, moSt
inferdisciplinary, an,#nost t~ao~?ugli.fo~°ma2 revtew Qf scient~c dopic ever condaecled. „
1ah.n Holdrers, Professor cafEnuironmental Pa1icy at
df F-Iarvard, director of ViTOOds I-Iqle Research Center, former
Presidenfi of the A.merican Assaciation far the
Advancement of Science & Science AdwisQr to the
Presadent of the Uniteci States
It is irnpartant to note however, that not all contributors ta fhis glanning process support this
assumption.
SAMP'~~ ~~~PLE wrAMPLE
l=-l.oweuer, there is a consensus that the rerned.ies necessary to reduce t:mpacts ram green ouse
gas emissions are eansistent with actions necessary to conserve resources and ensure a thriVing
cvmmunity for future generati4ns, thereby making sense on their awn merit.
The goals in this area shou,ld be consistent with goals established by the State af Washingrnan and
any new fedeXal goals or requiremen[s. (See appendixfor City of Yancratrver Greenhoerse Gas
Inventory)
Reaching the goatis af the U.S. Mayars Clxmate Protection Agzeemenfi is complicated by the fact
thafi the Glt)f has substantial,ly gro,,vn and an:nexed additional area since 1990. In add:itian,
acGU:rate, sufficient data on City and cQrn:mun:ity activities do not ad equately exist to allaw an ir1-
depth baseline analysis far 1990. Znstead, the City has idenfiified years 2006 and 2007 as its
laaseline for measurement. Those years were selected as a resi:ilt'of bestbrid most accucate; data.
and will assist in striuing for the goals in the agreernent anci staTte and natianal requirements.
, t
`I'he City recagnizes thaC goals and strategies in th.is sustainabilit}= plan wi.ll suppOrt a reduction i.n.
greenhouse gas emisseans and move us toward meeting the g4als af the U.S. Mayars Climate
1'rQtecti4n Agreement. • f
' f .
, . C
. : _
'
SAMP LE S,AMPLE SA►MPLE
VISi+0N FL}R A SUSTAINABLE VANCOUVER
Vancor.rver is a heaZlh,y trnd engaged comnaunity. We are sensitave ta $alance betwetn our wants
rand needs and those of fulure generatzans.
MISSTON F()R A SUSTAINABGE V,A.NCQUVER
Vancouver -Ciiy crnrl citiaens in partnershtp - prvmotes socical equal}~, -protects ancl restnres the
nattu~rad environment provacles far u vabrant economy, whPle inspfrtng al[ communitres to make aa
simi2rrY earnrnitment. ° .
eeibetween the social, envir~snmental
GUIDTNG PRINCTPLES ~lth of aurlcgm:muniyrAs suh~r~ve a~?' tha
and economic h g, ,
1. Social and cultu.ral equ:ity and diversity coritribute.,fo a.thrivi:ng arad'vibrant
econamy and enviranrnent ,
2. Dur ahslity ta sustain and restore-natural resourcesinforrns the way we produce3
.
trade d consume;
3. T;he co Seqe cesof unlirn.ited gro~vCh and„physical development on society and .
the environ:ment dernand careful cansider'ativn in comiaiu:nity planning ant1 governance; and . ~ , 4. The qual.ity of env'rranrnental, econamac and stacial health rEqLIII'e5 the ful:l
engagement and involvenient of the comrnunity.
5. 5trategies fox creating a susta%nable comrnunity should include an ewal_uation of
the cnsts and benefits oF proposeci actions arid preference give-n to actions that
produce the g-reatestlo"ngttenm beriefit far the teast cost.
. , -
MAsaR cvALs BY INDzcATVR.
~
The Sustainable Vancouver Plan includes the fallowing indicatcars for sustainabil.ity. It ,is
initended that iuhenever possilale reported data cnme frorn existi,ng City prograrns or ather plans
and repa,rts (e.g., annual acco . rnplishments, perforrnance reports, departmental snapshots and
business plans) and minimize the increase in new reporti:ng requirements unless there is a
jusfiifiable purpose for Gallecti:ng the additional data. Those areas caf data which aze nat already
callected and reported in the City's Stxategic Pian, City af Vancouvar's Comprehensiue Plan
Trnplerrientaticrn 1VTonitoring Repart, or new state or federal reporting requirements are nQted by
each indicator.
Indicafiors work best when decisivn malcers who have the pawer ta create policies and programs
are actively invmlved in creafiing the vision, researching the data and collaborating ta help Qne
anofher understand the meaning of trends. Indicatars by themselves cisa not d.rive pvlicy; they
simply provide infarnation and feedback to rnon:itor the status of the objectslgoals.
SAMPLE SAMPLE SAMPLE
Al~
Climate C'taaiige
Greenhouse gas emissions nneet existing and emerging state and federal requirements.
Kej, Indicstars
1NDICATUR - I IlNDICATOR TARGET
Greenhouse gas emissians for the City and cammunity on a per
capita basis for Scopes 1 and 2, plus waste reductian and trip Dativnward trend
comtnute reductifln ~
~
~
~
Environntent and Public Healfh `
Enviranmental health is protected or imprnved byr minimizing and where gossible, eliminating:
1. The use af hazardQUS or taxie materials by residents, businesses and City operativns,
2. The leveis of pe+llutants entering tne air, sail and water.
:3. The risk-s that environmental problems pose tn human and ecological health.
No one geagraphic or socioeconornie group in the City is being unfairly or dispro}aartianately
impacted by enti•tronmental poliution.
Consumption offresh, locally produced, organic produce and foods increases to promote Qublic
health and to mirmimize resource consumption and negative enviranrnental impacts.
K, ey Indicators:
INDICATUR I INDICATQR TARGET
Reported i.mproved changes in air quality per Southwest Upward Trend
Clean Air Agency Reports
Reported improveci water quality changes in lakes and Upward Trend
sbreams qer the Washinatoa State Department of EcologY
Clean drinlcing water - percent of c'rtizens racing drinking Upward Trend
waster quality as goad or excel1ent
SAIVIPLE SANfPLE SAIVIPLE
Change in reported nurnber af sites that $re connected to Upward Trend
city sewer service artd decqmmissioned septic tanlcs
Change in ger cansumption and purchase of fresh, locally
produced fo4d. C]pward Trend
Change in childhood abesity rates for City residents I Downward Trend ~
Change in smoking habits per capita I Downward Trend
Increase tn dentsl heatth for City residents ~ Upward Trend
Resoorce ConservarNon City and conimunity consumption - specifically comumption on non-Iocal, non-renewAble, non-
recyclable and non-recycled materials, water, energy and fiiels - decrease. City takes s leadership
role in encouraging sustainable or green procurement, and considers ways to became a zero
waste city over the long term.
The use af local, non-goiluting, renewable and recycled resaurces is encouraged.
Kq Indicatvrs: -
ANDICAT[lR I INDICATOR TARGET
Energv use per city employee per )'ear ~ Downward Trend
Energv use in Citv ouned ac operated buildin-gs ~ Downward Trend
~Water use per hqusehold withir► City limits I Dowmvard Trenci ~
Percent of City'p~€rchases ~'vm enairc~r~mentally respansi'~ie Up~.vard Trend
or susfiainable saurce
FerGent af waste diverted from the landfiil I Upward Trend Percent of City vendors who have sustainability effprts Upward Trend
underway ~
~ Fuel use (diesel a iid gascaiine) use per emplayee per year ~ Doumward Trend ~
Transportation
SQMPLE SAMPLE SAMPLE
A muiti-mvdal transportatian system exists that rnini.mizes and, where possibie, eliminates
pollutian and matar rrehicle congestian while ensuring safe tnobi!`ty and access far atl withvut
compromising our ability to protect public health and safety.
Auto dependency is reduced and affardable atternatrve, sustainahle modes af travel are
increased.
Keylndiea#ors:
INIIICATUR I INDICATQR TARGET
'I°ravel Times by Car. Change in peak hour comrnuter teavel Dpwnwrard Trend
time on two rnajor carridors
Seriausness of Cvngestian. Percent of residents who rate €pownward Trend
traffic cangesti+an as a tota three communitv challenge
I'viass Transit Use - Annual bus ridership (C-Tt-an) .I • Upward Trend
Increas+e in mvlti-modal transnortativn ~Upward Trend
Connectivity thrnugh Paths and Walkways. Tatai mriles of Upward Trend bike, walking arnd hiking trails - ,
S#reet 1Vlaintenance Canditivns - Percent of lanes miles in
satisfactary or better cvndition using PAVR evaluatian Upward Trend
system
k" ie L •
1
X~I~ 1 at~jyF
L
Economic Development x~
Vancouver has a divLrse, vibrant, stable, ioeai economy that suppQrts the basic needs of all
segments iif the cornmunit}-
Businesses, organizations and non-prarits within the city work with the Gity of Vancouver to
increase efficient use of resourees through sustainable business practices.
Sustainable ar "green" businesses are encnuraged to locate in the City of Wancauver.
Kefr Indicators:
tNI?ICAT(?R l INDICATQR TARGET
Percent of businesses or nonprofits that have acEopted Upward Trenri
sustainability plans ar practices
Number of new businesses that lpcate in Vancourrer I Upward Trend
Nurnber of employees that work and Iive in Vancouver I Upward Trend
Number vf new start up ar existing businesses that are Upward Trend
sustainable or h.ave adopted sustaina'ble business prac#ices ,
~
SAMPLE SAMPLE SAMPLE
The number of peaple who live i.n poveM, ~ Dawnward Trend
Residerct Nrledian Incame Cttange - C}ark Gounty mediari Upward Trend
family incnme
- ~i - J
Land Use A sufficient open-space system is developed and maintained so that it is diyerse in uses and
oppartunities and includes natural funetionslwild[ife habitat, as well as passive and active
recreation wiih equitable distribution of parks, trees, pathways throughout the Gity.
Land use and transpartation pianning and policies create campa,ct, mixed-use projects, fQrming
urban villages designed tn maximize affordable housing and encaurage walking, bicycling and
the use of existing or futixre public trarisit options.
Residents recognize that we ail share ihe Iocal ecosystem with other living things that warrant
respect and responsible sfiewardship. Vancouver uses land efficieritly in order to minimize the
need to expand the urban footgrint to accommadate graNvth.
A!1 develapment meets the 2430 Chalienge in urban grQwth areas. Clark Gounty and cities have
an integrated approach ta achieving sustainability.
Key Indica#ars:
, IlYDICATOH. ~ INIIICATOR TARGET ~
Imprflving Tre~ Canopy - Percent of City covered by trees ~ llpward Trend ~
Preser-ving (Jpen Space - G'rty has acquired sufficient park ~JP~,,,;~rd Trez~d
and natural spaces to meet city residents' state needs
Percent change in the nurnber of housing units per acre, and Upward Trend
xati4 ofsinglefamily tca mu]ti=family units
Conversion of existing high rnaintenance Iandscaping, such Llpward Trend
as lawns, to native and climate friendly landscaping
iN-
Bnilt Environment
SAMPLE SAMPLE SAIIAPLE
A mix of affordable, livable and green housing types is achieved and maintairted thraughout the
City of Vancouvzr for people of al) socio-ecanomiclcuicurallhousehald graups, including seninrs,
singles and the disabied.
LEED-certified ar equivalent connrnercial new buildings are encQU.saged and promated.
Key Indicatars:
INIIICATUR I tNDICATOR TARGET I
Percent of new hames and cammerciallindustrial facilities Uoward Trend
built ta LEED ar other sustainabAlity develvprrtent standaeds Percent of existing h4mes or commerciallindustrial facilities Upward Trend
retraf~tted for energy efficiency or sus#ainabiiity standards
Percent of residents residing in affordable housing (percent Upward Trenci
of rent or rnortg,~a e not over 30 percern of annual income},
Fercent of residents with sgecial needs or other culturat Upr~vard Trend
_gronps residing in affardable housing _
.
.
ti • ~ t r- ~
~ ~ f• ~ I.~ ,
SUClal EqllIty
All residents of Vancauver are able to meet their basie needs and are errrpotivered to enhance
their quality of Iife, `
Camrrtunity rraembers kiave access to housing, heatth and sacial services, educatian, ecanomic
opporturrity, and cultural and recreational res4urces.
There is respeet and appreciation of the value added to Lhe cammunity by differences among its
members in race, religian, gender, age, econamic status, sexual orientation, disabilities,
irnrnigration status and other special needs.
KeyIndic, a tvts:
INDICATOR I INDICATOR TARGET
Percentage of residents/households classified as low-income I?vwvnward Trend
or living in poverty
Percent change in hameless indiv'rduals and fa.nniIies ~ Downward Trend
Percent change in i:ndividuals or farnilies seeking sacial and Downwarci Trend
health services
Amaunt of charitable Oving per eapita + Upward Trend
Change in iuvenile arrd adult crime rates ~ Downward Trend
Percent of school children participatins in free or reduced ~ Downward Trend
SAIUIPLE SAMPLE SAMPLE
luncn pragrams ~
Percent change in families seeking assistance from food Dflwnwara Trend
hancs or foad stamn programs
Gommunity feels saf'e uaalkinp, irr their neivhborhoods ~ Upward Trend ~
~F
K~
t ~ ' ~~tT 4~~` 1
~Civie Engagement
Community members af aIl ages participate aetively and effectively in civ ic affairs and
community impravement efforts.
Community members of a1l ages and oultures understand the 6asic principles of sustainability
and use them to guide their decisions and actions, personally azid cvllectively.
An actively engaged cammunity helps the City of Vancouwer tv earry oui and imprave
Vancvuver's Sustainability Plan. L ~ P F~~.
~f'i+~~'L!!l~lCCr~1~OJrS: " 6~f;~ l
TNDICAT±DR I INDICATOR TARGET
Neighbancoods are active - percent of neighborhaod Upward Trend
assnciations that meet at lsast quarterly
Number af events sponsored by the'Ciry Upward Trend
Residents feei they belong and welccinte - residents who ~pwar~ Trend
report they feel like part of the communEty
CorrQmunity Center A;ctivity - acinual niunber of visits to Upward Trend
Vancouver community centers,
Volunteerism - self-reported houes per manth voiunteered Upward Trend
vutside the home.
Residents garticipating in gQvernment - number of UFward Trend
appiications for commissians and hoards arunualty
VQting - percent of eligible voters who voted in the last Upward Trend
eleetion
Percentage of city residents wha are aware af the UpNvard Trend
sustainability efforts for Vancouver
Number af cammttnity and stakeholder graugs .involved in Upward Trend
sustainability efforts
SAMPLE SAMPLE SAMPLE
SPECIFIC IDENTIFE1) S'TRATEGIES AND CRI'I`ERIA
Specific Goals and Strategies follow from the Majar Goal areas and include, amang uther items,
such areas as:
• greenhouse gas emissions
• pracurernent • waste rnanagement
• svlid was#e
• lacal faod
• agricultEare
• energy use
• water use
• paper
« transporta#ion
•economic development {green economy arid green jnbs}
• land use
• parlcs
• comrnunaty gardens
• the built environment, both city owned and opecated bumldings and buildings in the
community
• social equity;
• empowerment
• civie and cQrnmunity erigagement
• sustainable neighborhoad strategies
• disaster preparedness
Some exarnples of specific proposals inctude prarnoting green bunldings thrvugh incentives and
smart regulatory environment, such as rernavin,g regulatary barriers to green buildings;
purchasing renewabie energy fpr City aperatians; adopting a green procurement palicy for all
City purchases; reducing e'mployee travel and building energy use through such measures as flex
tirne or 41'10 work days; eliminating plastic water boftles from City events (completed); and
increasing the number of community gardens in Vancouver.
15
SAMPLE SAMPLE SAMPLE
GOALS & STRATEGIES
LEGEND; Green-highlighted area.s = City operations andlor resporjsibility; Wttite = Gotnrnunity
CITY UPERATIQNS
INDICATORS :B: Built Environment Climaie Change I): Economic L7evelapment I.; Education 1.: Land Use I': Public Health 8c
EntirironmcnT P.: Resaurce Conservatian Saeisl Equity & Civic Engagement'f': 7ransportativn
m
C9
GQAI.S J STRATEGTES u •5
e.
~ I rz
A. Establish data coRection systems tQ accurately calculale
t GHC'i emissinns (5ce Racbmmendations from GQOd Gompany 1 I 3 1
repDrt c#ated ]uty 2008 on City ~iebsitc).
B. Develnp Climate Action Pian (CAP) 6y 3aly 2009 Far .
t aaajnr suurees oCemissians (e.g, vehicles, electricity, 1 2 3 Z
urchases).
C. R'ark svith Clark PUI) ta cncouragc smxil scafe green
powcr generation eY mdividusl huildings incluciing sviar
paneV photovolGaics and wind surbines hy psaveding ~'inar►cial 3 2 3 3
GFtEENHOUST GAS (GFIG) incenaves end cdtscating consumers about W'ashiaygtait's triet
E!V115S10?4'S. Reduce totaJ t3HG 344etering Lsw.
] emiss'sons from City of Vencouver
rafanus annnally ~ usin20(?6 as the D. Increase Qerceni af cnE r~' usc from renewrable and more
d~ g ? 3 3
base year, tiY.4 efficient spurces for sll City operations. 2
E. Engage City lobby'ist and other allied inierests to istcrease
~.a "A s4a[e fnaneial incentiues (e.g., ISt.K C[edA15} fOT 11'lCStBSCd 1 3 3 2
coascrvation and reneN%able eneegy investinents.
~ F. Ivitiate a 3-minvte 3imit an the idling of pvblic veh'seies r 2 2 Z
and buSes.
G. Initistt a prograffi eo cEose or reduee City staff parking lots
T and issue t-arrsit passes f4r staff cammutes an tkse day t+efore 3 i 2 3
and dtuing a Cleaa Air Action day.
4. I7evc3ap city►r-ide puschaging policy incarparatuig 1 2 3 l
respovsible criteria.
B. Estabtisb cantracts with vcndots wha supprrs1 responsihEe
products (e.g. cleaning suppliss, recvcled paper) - inciude 2 2 3 2
PR(?f°CTREhfEP+rT: City Nrill make prarisians for "sourced from regioaal area" to reduce
2 stacially nnnd environmental4y transport impacts.
respvnsi6le purchnses, i
C. Rcqu'sre appeapriate producks to he providec# im reusable 2 1 3 4
packaging (e.g. eo¢nputers)
D. F]o life-cys1e casting for all major purchases end explort 2 2 2 3
` Life ('yele Analysis when fcasible.
R.4,ZARIlDU5 WASTE: Eliminate Gampile Msnufscturer 5a['ety Data 51yee►s (h4SDS) datata.se
3 purchase of hszarctatss substanccs 4sy and piioriCize and substitu[e sa!'er nltematives. 2 2 2 I
thc City where alternadvts cacast
Key; COST:1 Little or no - 2 Low - S Moderate -4 High 1 SAViNGS:1 Lattie or no - 2 Sma11 an-gaing - S Mocierate an-
going - 4Big long term SUSTAINA8ILITY BENEFIT:1 tow - 2 Medium - 8 liigh - 4 Signifiaant 1 FEASIBlLIlY:1 Easy - 2
Challenging - S Difficult - 4 Very difficuft
27
SAMPLE SAMPLE SAMPLE
o ~ ta .0 C ~ ~ .
G(}AL,S ~ STRA'['EGIES U a
A. Prnvidc public education arnund appropriate use of tite
`r4'A5TER'A7`ER GETER.ATfOfiI: 1A waste trentment systcm (i.c., NOT using drains and tvilets Cor 2 3 2 1
Reduce total pvi3utant ioad in effluent Fharmaccuticals, greasa, dsapers, cis.)
frosn city trcatcnent plants. ~ B. Review treatment aptions a3 pIants for potential 3 2 2 ?
cffieicncaes.
A. 11dd a faad wssste eomposting prograe'n for Cs'ty of
Vancourer Municipal Operations and Businesses (like Metra ? 2 3 2
offers ta c4owntowrt Partland Busincsses)
B. Imptement pragram [o seiuce d'rsp+osahie paper arrd plastia
i. ~ bags at grocery, canvenienct and drug stores thru educaticrn, 2 1 2 1
vatuntary recycling ancVor a d'ssgasahle bag fea
SOLIII WA5TE: fteduoc consumgiian -
5 and resulting gcneration at5alid uaste. C. Etiminatc ihe usc of bonled 3rutcs at Ciky-spansared cvenfs
1.and cuourage reduction of bottled wattr by the caounur►ity 1 2 Z i
ihrnuLzh education.
I1, Pmmote pmgram to increase recyeling of E-waste. 1 2 2 l I
E. Revietiv aaad coordinaie cather stratcgi~,~ in Ciark Cv. 3 2 2 2
(;amprehcnsive Solid Waste tySanagement Pian
A. I?csign stausdards und ar$imances to include more
iTRBr11~ RC?1'~+OFF: [ncrcase percent of i 3 2 2
permeable 3and area used in the City to irin84atir•e tectsasiques for addressing BMPs.
6 improve,+vaizc quatity and rtdace run- B. Identif otential mntchiu mnt ro ams for citizens tv
off impacts. install urban nwcrff fcamres intn pri ate properties. 1 2 3 2
LUCAT. PRODU€'E: lncrnase percent A. Establish basets'nc in 2008 by dvllar vnlwne 2 I 2 I 3 j 2
o£lacal produee scrved et Csty facilities B. Wor'k with local farmers foe eccess to more produec. 2' 2 l 3 I 2
7 and other institutians (incluuing
hasgilals, scILuo1s, co!lcges and Cify- ~ C. Considcr ioeal producc far achool lunches (70 percent on 2 2 3 2
spansr~red foad pro~uns). freefreduucd [unch).
A. Powcr dovvn and turn offnil electrvnic iuois (e.g,
i enrzuputcrs) st end of day and when nnt in use, and tcnplug 2 3 3 I
ihose nQt commonly itt use.
~
B. °F°um off lighss tivhtn not in affice and inscall motion 1 3 3 1 I
' seasorvncti+rated iighting in atl Cit}, buildings ~~here pnss'sblt.
E1YERGY USE: Savic energy at s11 Ciry C. Cdnduci enero andits for al! City buitdings snd invest in
g aperations i canservation measurts (i.e, cuntact Clark PUD regarding 2 3 3 l
incentsues) fcs incrense encrgy effieicncy through energy
savicyS PmJects.
f; D. Usc morc efficicnt technologies for City equipment (e.g, 2 3 2 1
pumps and street liglils).
P, t, E. Reduce sma3i engir►e (e.g. tu-a-tryc&s) fuel usage and 2 1 2 2
substiituta with a4temative equipment
ty: C03T:1 i.i#kle or no - 2 Low - 3 Mflderate - 4 High 13AVINGS:1 E.it#(e or no - 2 5ma11 an-going - 3 Mpt4erate on-
going - 4 E3ig long ternE SU5TA{NABILITIf BENEFIT;1 Low - 2 Mediurn - 3 High - 4 Significant! FEA51BILlTY:1 Easy - 2
Challenging - 3 Uifficult - 4 Very difficult
17
SAMPLE SAMPLE SAMPLE
cc ~
o rA
G+QAL5 U STRATEGIES u y~ c
z °
~
~
A. Ciraduallv replmce p[ants to "natiue" vegetativn where
I i pffSS1F3lC (WCILdiIi$ AI) l&AdSC$PC be^ Qledlall5~ BIId f1gh55- Z 1 2 1
pf- W .
~ WATEIt: Iteduce Nvater use by City- D. Inerease gney water reuse ar~d rain-water ~sarve.sti~sg
operations. practiczs, 3 2 2 3
C. 1V1odiCy fee structures to encaurage waler 2 2 2 2 I
corsservation.
1 t A. 5ubmit/share docurnents electronically as feasible. 1~ 2 f 2 1 I
B. Pruat anly when absolutely necessar}+ and then 1 2 3 1
double-side when feasibie..
ZQ PAPER: Reduce waste of paper. I~ C. Reuse one-sided +capies for scratch paper. I I 1 I 2~ 1~
D. Encaurage use of paperless bill nptions and on-line 2 2 3 2
bil] payment. Already doing in some cases.
E. Recognizc Mse-approvaI of electronic dncument 1 2 3 Z
imaging arsd storage.
A. Llse nnline plan eenter 5ta contractcrrs aad subs can 2 2 2 2
PUBLIC view projcets electronically.
WflR,Ii/PROCLTREIVIENI': B. Increase fees for paFer copies to reduce and
Reduce the amount of paper used in eventualty eliminate pager capies. 1 2 2 2
public waric fnrmal solicitations. -
C. Expand online plan center to inciude other 2 2 3 2
salicitat"rons types (RFP!(?s, Cc7nmmodity Bids).
tl~j A. Provide rnore econamic incentives to City 1 1 1 1
emplayees to use transit and n~u3timodal tcanspe+rtation.
B. Niake car sharing available to employees for affsite 2 1 1 1
meetings snd seIect personal trips {ww~,r,.zipcar.cam).
C. A71aw empipyer.s ta telecammute where appropriate. I 1~ 2 I 1
D. Use aideo conferencing and conferencE calling for 3 l ] 2
inter-depardnental City meetings
VEH1CLE h1ILES TRAVELEp: E. Cnnsider eonsolidating Ciiy staff in shared facilit'tes. 2 I 2 3 3 I
'
12 Reduce total miies driven by City F. Maximize flexible w+ork schedules for appropnate 1 1 1 1
ernplvyces. staff (four 10-hour days)
G. Consider provided or subsidized btes passes for staff. 1 1 1 1 I
H. LOCB[C CIEYy' fBCIllt]CS Of3Iy 8t SifCS'Niit}] fiYlll[1FILC bi15 1 2 2 1
liines and frequent service (20 minuFe headway=s or ]ess)
1. Locate City affices within walkable d'sstricks nr City 3 3 3 3
Charter
J. Eud p4iicy of providing free/ below markez rate s!a#t' 1 4 3 3
parking at all Gity farilicies (currently only in downtorm)
Key: C4ST:1 Littie or no - 2 Lovu - 8 Moderate - d High 1 SA1iiNG$:1 Little or no -2 Small on-going -3 Moderate an-
going - 4 Big iang term SUSTA1NA81LITY BENEFIT:1 Low - 2 Medium - 3 High - 4 Significant 1 FEASIBILt1Y:1 Easy - 2
Chaltenging - 8 Difficult-4 Very dirfficutt
18
SAMPLE SAMPLE SAIIAPLE
~ - ~ 4,
~
cvALs ~ srR►TEctES ~ ~ ~
'E
~
06
z
Contti~oned -
VEHICLE hIILE5 TRAVELED: K. Pravidc secure bike parlcing end lockers to meet 1 1 2 1
RerIucc tacai miles drivcn by City demand at all City officts.
employees.
EF FICiENT VEHICLES: A. Buy Iow-to-no emissions vchicles. ] 1 2 1
increase the percent of The City's
13 ncan-emergencyfleetvehiclesusing
aIternative fvefs (public tirorks, non- j J.; B. Rigbt-size vchicles depending an need. 1 2 1 1
emergency police and fire)
A. Prowide safe walking +appartunities far eitiuns fram
h30UAI, $PLIT: Inerease the s.i neighlwrhaods to key destinations, such as schoals, 2 4 3 2
14 citywide use of sustainable modes parlcs, siQres, s:tc.
of transpartntian (bus, bike,
pedestriart, rail) by t}•pe, ~ B. Frvvide additinnal sidewalks, crasswalks, curbing, 2 4 3 2
ADA ramps, lights far saf'ety, ctc., in key car►nectians.
TRANSPDRTATIUN OP'I`It}I+IS;
Inereasc percent of residents wha De,,elnp rcwmmencfation in suppart of light-rail option '
15 Ferccive ihat auailable sustainab{e fur the C¢+Iumbia River Crossing. 1 1 1 1
natrdzs of traruportation in
Vanee,uver mcet t3aeir nccds
A. Incrcasc the total miles of bit4ee paths in Vancouver
and reducc risk of eollision with mQtor vehicles. 2 2 3 l
B. Incrcasc the percentage of srtcrial intersections
accessihle to bicycies in '4'ancauver (90 perceat).
Targei intersectians with high bicvcte crash rates and Z ? 2 1
identified ca,n City Bikc Map as barriers. (Treaf,xneni
exampIcs: bifce Ianes ihraugh intersection, bi6cc
BICYCLE LANES AND PATHS: detectian, bike-tw-n lanes, cotared cociflicE fasaes)
[ncrease ttic percent of totaJ mites -
of city aricrial streets with bike C. Add more smart bikc Inckers and free racks at key 2 2 1 1
{anes or dedieated to bike traffic dtsCinat'sons, as wcl9 as around to%tim far use,
anly D. Estabiish futl service bike parking stations ai key y 2
tr~nsit hubs azad in City center (VCG~' policY)- ~ 1
E. Limit missing gaps in bike way netwark s+a na bike 3 2 2 3
trip is lengcr than 100 percent of an autarnobile trip.
F. Fravide continuous and dirtct bike dctours sa [hat no
bil:e trip is ionger than 120 pcrceni ofout-of-dirertion 1 1 I 1
trar+el priQr to work ronc creation.
WHICLES: Increase the percent pravide free or discotu►ted par[cing for hybrids and
of total vehicies in V~couver thai c~ther alternstive vehicles (#'rc+pased by Msrst~all 2 1 2 f
$re qu°lified 1°w emiss7fln ~ I Elcmcntary Fourth Grado class)
a1'ternarfve fue! vehietes
Key: C+fJSi': 1 Little ar no - 2 Lvw - 3 Moderate - 4 High ! SAVINGS.1 Little or no - 2 Srctall on-gaing - 3 Moderate on-
--ing - 4 8ig long #errn SUSTAINABiLf7Y BENEFIT:1 Low - 2 Medium - 3 High - 4 8ignificant f FEA5181LITY:1 Easy - 2
iallenging - 8 Qifficu#t - 4 Very difficuik
19
SAIVIPLE SAMPLE SAMPLE
Z
iGQALS U STRATEG[ES u
¢ u~ E
BUS RIDERSHIP; Increase the
18 annua3 ridcrship on C-Tran aztd fhe R'ork with C-'Cran W make ridcrship mflre acccssibie 1 1 1 1
percent of residents who ride C. &[iLI a#LTBGttYC.
Tran C3C1] yC87
IACAL F?1'IPLi]Y1VlENT OP
CM' ST,riFF: IncreaseJencourags
19 the number af City emplayees rvhv 2 1 2 3
live in Vancauver, decrease the
distunce City ernployees travel ta
work
20 Uevefap s GR.EEN ECOi'VOMI' t?.~~ See Wancauver's 5trategic PIran 20{}8 to stimulate green 2 2 3 2
jobs and a grern ecanamy
A. City shaIl cantinue to update F'ark acguisitian needs
For commuraity parks, neighborhood parks and urban 3 1 3 3
open spaee.
B. The Gity shall review othcr park needs to best serve
z] the community, induding community gardcns, sports 1 1 1 I
PRESERVE OPEN SPACE: fields, passir+e use areas, elc.
Acquire su .ff~cient park Eand to meet -
aur residents stnced needs ar g4a1 C. The city shall review and update iu Regitanal TraiEs
plart to best provide recreakional and commuting trails 3 1 3 2
thrau,ghouc the city
~
Il.'Che city shali meet state rcquirements for recycling
! in parks and er+ents. and eventualiy provide recycling ? ! 2 2
for ueighharhood ,parks
A. The City shall implement +tbe gaals and objeciives of
[ the Urban Farestry Aifanagement Plan to bcst meet 1 4 3 2
`t`REESt Inerease percenC Qfnutive urban trec cartogy for the city.
~ 22 tree canopy caverage by
^ nQig}~borhood B. Ciiy shcsuld wosk with loeaLl nusseries to eneourage e
greater stock of native trees and to make them more 1 2 2 1
readilv identifiable.
PA1tK5 - Accessibility: Increase
pcrcent vf hauseholds and Irnprove pedesrrian safety in travcling neighborhflc►d
23 Papulation within one-half of a mile parks. 2 i 3 2
irom a park, schaoi or other
accessiblc open area
Capitalixe purcbase snd incorpcarate recycling
PARKS - Rerycilng: Inerease containers in design standards for Qarks, trails and oSher
ZQ public spacc recyciing apportunities P.•pubZic spaccs. (Nvte. Stare law requires recycling be 3 1 2 2
(Marshall Ekmentary Fowrth Grade) pror•ided ss special evcnts, acad this js already planned
for regional park system_)
Key: COST:1 Little or rso - 2 Law - 3 Moderate - 4High 1 SAVINCiS:1 Li#tle or rto - 2 Small on-gaing - S Moderate on-
going - 4 Big long ternn 8U9TAINABILITY BENEFfTT: I Low -2 Medium - 3 High - 4 Signficant 1FEASiB4LlTY:1 Easy - 2
Challenging - 3 Di#fiicuft - 4 Very d'rfF'icuft
20
SAMPLE SAMPLE SAMPLE
v k
Z
G(?AL5 U STRATEGtES U cr `G 40
~ r!3 ; ~ a+ a
C!7
~
REgFO[l8u)' App7'QpTlSte
YEGETATION: Increase percent
25 of neNv rrr replaced, non-turf, public Rsrnove sod in righz-vf weys and medians and requine 1 4 4 3
landscaped area adad non- develapmenls to min.irnize lawn specs ia CC&FZs.
rccreational iwf area pianted with ,
regionally appropriate plaats
C'ONihi[.iNITY GARDENS: City
should support mare cammunity
Sardens in parks and other public I..~'.' SuPp1y mare community gardens iw pubiic spaces, 3 1 2 2
spaces and ene~urage residents to
conWert privately owned land (e.g.
iawn) to faad pmduction
GR(]NVTTI 141.ANAGEMENT: Amend zaning to enccturage creation of small scale
27 s~wices IiSce neighbari~ood markets in residenCiaI a.r~s 1 1 3 2
Adopt smart grawth ~solicies that are pedestrianl bike frieadly dissances from hames.
LAAND lD5E AND
bEVELOP'NiE, NT: Increase
2$ percent of residential, mi+ced-use t., 1 1 2 2
projects tUat are witfiin 114 nuie of
U-ansit nodes
BL7Ii.DlNGS: Atl new huildings,
develapments and major renovatians
29 by or for the Ciry shal1 be ciesigned to LEEi7e Gald or its equivalent ta reduce energy use 2 2 3 2 ,
fa{law the ARCEETECTl1KE 2030
Ciul tenge.
RENOVA"TIQFIVS: An equal amaunt
of existing huilding ar+cca owned or
3(} managed by the Gity shsll be LEEI3ID-EB or its equivalent to reduce energy use 2 3 3 2
renovated annuaif}, to tneet the 2030
Clrallerrge.
OPF,~tAT'IflNS & ,4 . Adopt LF..E~3-C?&M nr its equivalent fvr all Ciry 3 3 3 3
h1AINTFNANCE facilities
Key: COST:1 Littls or no - 2 low - 8 Maderate - 4 High 15AVINGS: '1 Litkle or nc - 2 Sma11 on-gaing - 3Moierate on-
going - 4 Big long term SU5TAlNABILITY BENEFIT:1 Low - 2 Medium -3 High - 4 Significant ! FEASIBiLITY: 1Easy - 2
Challenging - 3 Difficult-4Very difficust
21
SAMPLE SAIVIPLE SAMPLE
~ 41
- =
& 2
GOA,LS ~ STRATEGIES
z I ~
A. Ust CTED Grant to examine barriers within laad use
t:." regtalatians, buiyding codes, fire csdes, eleciricnl codes and 3 2 3 1
other ruless and regWations. - Alreacfy underway
B. "Work svith Clark Gounty and othes sanall citzes tn
elsminate regutatnry barriers and streamline zaning 1 3 3 2
reqrairements sn that building sustainabilit), goas! zoning
OTHER BLTII.UINGS: Inerease ecades arr in al'sgiunent.
the percent of new arsd
3x substantial[y-retrabifitated hauseng C. Add green buulding s~ia[ist/ ombudsresAn (e.g. L,E£D-
and other buildings to recognized AI') to essist deveiopers and the putalic in pSan rewkew end
grcryen standards (e.g. LEID or streamlining the permit protess fraz green buildin$ 3 2 3 3
equivalent). projects.
D. Develop fee structure that rewards green building l 1 3 3~
E. Wor~. with the State t4 create financial incentives to
foster tnore energy efficient buildings that go beyond 1 2 i 3 1
LEED and mal:e use of renewable enecgy sources (e.g.
Energy 7'rust of Oregan). i
AFF()RDABLE HUIJSING FOIt
SPEGIAL NEEDS GROLIPS:
Increase the number of nzw ar
33 rehahilitated affcrrdnble housing wnacs a 1 3 2
for families. seniors, the disabled and
other specia] needs gmups as a
percentage of ali r►ew or rehatailitated
affdre#ahle hciusing developtncnt
"LIVABLE" HOLiS1NG: lncrease
availabllity of'mixed-used huusing
34 units (rnon-res►clential zone distraets) I:,~ 2 2 3 2
as n perccncage of thr total new
housing
ABILI7'Y TO NSE, ET SASdC
nEEDS: Increase ihc percent of 4 1 9 3
residenis who perceive tha# their
needs are bein met for:
Tndir`idual and funiily counscliog
Emer ency faod, ci~thin , shelter
Employrnent services and jab
t!'ai iiI tt
Recreation and serviccs for youth Waric with Federal, 'State, County, naa-profits end
35 Healtk► care faith-based greups to increase availabilit}' and resaurres ~
SubscIInce abuse for ail populations to meet their basic needs I I
Treatcuantlprcvention
Affvrdahle housing I 1
Seniors anc# peaple with
disabilities
Trans rtation and mability
Fublic sa~'~ety
Education I I I
22
SAMPLE SAMPLE SAMPLE
0
G(3ALS ~ S'C~tA~',E(;TES ~ E.
~ -CC w .
~
Encourage ! support each City department to have a
36 VOLUNTEER.dSM fu111partial FTJE that focuses on volunteer cQQrdinatian l 2 3 2
effarts fvr t h e department's speci~'ie goafslobjectives tn
engsge and proaide vwnership to vur citizenry.
A. Help neighbvrhvads undersFand haw they can add
these goals and strategies into theu Ieeighborhaod 3 2 3 2.
Activn Plans.
37 1VEIG,HBORHUC1DS
B. 'Work raith ne'ighhorhoods io identify funding
vppQrtunities (]creal and otherwise) for their 2 2 3 2
sustainability initiatqves.
LEA'DERS'H'd'F: City and local.
businesses.vi.ll outreach to their ~Tost andlvr sponsor sustainahility events and 1 1 3 2.
counterpasts ko adopt sustaina'hility workshops, workin~ with partnerships ivhere pvssi~ile. ,
pracctices.
FERSVNAL C4i'VIINII'TMENT: Set up avo3untary systemlprogram for empFo}°ees tfl
39 A,11 empYayees have a personal tally and offset tGheir personal ecologicaY and elimaie 1 2 3 2
sustainahility plan. foratprints.
I A. Plan for and incorporake disaster mitigation
strategies based an climate mcadeling by the University 3 2 3 3
vf 4VA and inclLade more than just cl imate-re lated
4~ ~L'TITIGATT[7N AN'~} DT,SASTER threatslrisks.
PREPAREDYES5 B. Identify „green huildings" that ivouYd bc able to 2 1 3 3
serve as ~fficient disaster shelters.
C. Pro-active tree pruning on Cizy ,property (every= 3 3 3 3
seven years)
Ftey: COST:1 Litt9e or no'r 2 Low - 3M aclerate -4 High 1 SAVINGS:1 Littl e ar nv -2 Small Qn-going - 3 Moderate on-
going -4 6ig long te~rm 5U5TAliVABlLITY BEi~EFIT: 9 Law - 2 Medium a3 F1igh - A~ Significar~t r FEpSlBILI'~Y:1 Easy - 2
Chailengirag - 3 Difficult -4Very difFicult
, .
23
SAMPLE 5AMPL~ ~AMPLE
GOALS & STRATE+GIES
LEGEND: Green-highlighted areas = City operat.iQns arIldlar responsibil.ity; White = Carrimunity
GZTY C)PERATIONS
I:NT}ICATC?RS : S: Bui4t EnvirQnment C: Climate Change ,I7: Econornie Ueveloprnent E: Etiucativn L. Land [3'se P: Public Health cX;
Enauownent R: Resource Cvnservation S: 5ocial Equity &Civic Engagement T: TransportatiQn
GOA,LS ~ STi+tATEGIES U
~ CN
1~1. ~
r
~ C A. Complete GH'G Iirventory Far~cesmrnunity. 2 I 2 3 I 2 I
~
B. TnvalYe citizens and husiriAes in theic, limate
C Actian'Plan {CAP} helping,~theurn.address theiPGH G 2 2 3 3
GREENADUSE GAS (G'HG): emissions and related~casts,
~ Reduce total C.iF-IG emissions in the C. Adopt N'eighbo ood Sustain~a'bil'sty Initiative t~ -
com.munity annually using 2006 as C reduce GI-TCi em'rssronsz enhancefsocial equit}+ ~d ti ~3 3 4 3
thee laase year. imprave livability. ~Ll
4
D. Install remate heaters an a.ir conditiQning units for
C each`bus in transit centersso a0tcr.limit idling buses 3 2 3 3
duri:n ;sfe~rs' Li~~s~ ,
` ~~.4~ -
ItESIIIAENTIAL'H'Q[J$EHOLD Link to Clark Counry's Moderate Risk'Waste'Plan and
HAZARDQUS'WASTE (HHLY); 5-year Wa"s~te Cvmp ~tiie~nstudy (u"sing 2008 as the
~ `T'hrpugh e~lucativn, encourage base year) Nvote~.;Baia on S"tn:a~l Quaniiry Geneeator 2 9 4 1
residents and bussnesses tv decreas,e~ ~ (5'QG) hazardovs aste is planned far 2009. Status:
purohases of toxic praducis and~ ~ a~.4Fready compiytecl. More educrrtivn and additional
generatican of hazardvus waste. q~I c jlvirtreRCh may bearreeded.
~
%_J L
~'A. Promote rain gardens 1 bio-swales alvng r4adsides ~ 4 ~ ~
~C ~'P ~ R~ ~ s. .
T ~u~ I ~~I~~d~i34„~BFY~J~~e~y'YdS.
3 U1~BA.N R~F' ~'Camuni `h'~'`~ B. PromQte ftie usc ofrain barrels, cisterns, etc.. I 2 4 i4.~ 2~ i
~ r"L,'B si dewa l ks to one si de v f resi dential streets. 1 4 2 4 I 4 I
~c ti~u ~r r~auide mvre oppartu.nities for garderb
FA~ERS 14~A~RKE'TS: Tncrease ~jL,~ sel➢ing/sharing of produce (e.g, east side, ce?~trral, 3 2 3 2
tatal anraual sales at f~armers' northwest, etc:).
4 markets and recail gracery outlets of Bog
f[~od anti prviiuce that lsi~wn with ~r~ ~ B. Partner bvith vther jurisdiccicrns to dcvelop a 2 2 3 Z
law-chemical methvds ~ A 1~ ' cooperatiYe p4an
F(]O~'] CHVI.CE~: Tncrease ~p r
5 consumptivn of &esh, 'iocal, arganic Ep;L 67se "local" gragram - pramflte farmer's markets 2 3 3 2
prflduee hy VanGOUver residents for '
a healthy diec.
HC]USEHflLD PURCHASEa: ~ork with fihe retail sector to promate purct3ases a€
6 II.ncrease use of green, nan-toxic p safer alternatiwes ta toxic praducts available at graeery 2 3 4 4
praducts anti Convenience stores through graven markeiing.
teChniques
Key: Cfl5T: 1 LtittJe ar na - 2Lovu - 8MQderate - 4 High 1SAVlNG5:1 Little or nv - 2 5rna11 on-gaing - 8Moderate on-
going - 4 Big Ivng term SM1JSTAINABELlTY BENEFI4: I Lo►rv - 2M edium - 3 Fiigh - 4 5ignificant 1 FEASIB[LryZY: aEasy - 2 ,
Chraliengong =3 Difficuit-4 Very diffi cu1t
24
SAMPLE SAMPLE SAMPLE
0 u Z
rr. ~ c: r, p •r~
GOAL,S ~ ST,RATEGIES u
INCENTI'!?ES C,R A. Encourage the use of phvtavoitaics and "net 3 4 4 2
metering" by residents and businesses.
B. EnCaurage "recomm.issioning" vf alder and existing
7 C;R buildings sa HVAC and other systerns dvark as 3 3 3 2
ENERGY USE: 5ave energy in tihe designed and save mone}° in vperations.
Camm. unity C. '.T,ncrease or enhance weatherization assistance
R programs for hrasinesses and hame~t}iat provide some 2 3 3 3
I advance pay-back for poteritia] money savings.
I ;It7BS ! HO'LFS'1NG BALANCE: ~r V~~~ff .
Balance ratio ofthe number of jobs Build mare em,phasis v~alaeal~e'rn~ployment,~i~.living ~ 4 3 4
8 tv the arnaunt of hvusing and I],S
increase percent of Vancouver 4vage. p .
residents empiayed in Vancouver
I A. T7eVelop recogni~ ~lcertifica~i ~n program for ~T~ ~p
R,D,E k~usinesses and non-profts mQ~r,ng toward P" 2 2 3 l.
sus#ainahllity
S. Sfart a Bi]Y L❑CAL adc ampaign and prepare a
5i3STAIN~►BLE A1V'D i mark ng hpchure that lists all,: ~9th~ docal uendnrs 1, 2 3 2
^ INNOVATIVE LDCEt'L and piaces~taxg~rchase thQSe prflduetshelp 'buy 1QCCa1
~ and sustainable." _ _
SUSINES5E5:
- I C. Encourage e Gp4ayers-t~~ `p a~aide or subsidixe bus 2 3 3 1.
cpe qj~o, passes for emp_lvyees ~
~
~ =D. Provide te~t~ical assistance to Iocal husinesses Z 2 3 1
3,interested in adophingjsustainable business pract'rces
~
'eigh'~or G[~oQds wl
TFtEES: ,Increase percent of ~I' E~?courage neighb~ tv plant - T?
• ~ : r+.--~-
10 native tree eanopy eaverage by ~c. ; Friend Trees, r~lready underway in Urban Forestry 2 3 3
neighborlavvd ~~oC❑L ~ ~ , pr❑g'ram ~
~ ~ l
'❑E? W❑rkivith retatlers ifl Increase lpcal stock of
Regionally= rogriate na~tiveiclirnate friendly plants in stvres - use shelf
R C 2 2 4 2
~VEGE''?~TT4)N:7_uh,the cammunity talkers or aoluntary labeling system so residents receive
timely in£oranation on good choices.
~ Encourage residenis to cvnvert privately awned
CON31~ 'UN1T'7 +G RDENS:~n the ~aF,R, propert'~, to food productivn far own use or for 2 2 4 3
Cornmunaty ~ v d I S
pattner5hip5.
[J
PARTICIPA'FZfAN iii CIVIC~
AxFAIRS: Increase percent of
Vancouuee residents whv have
13 attended a city-sponsored meeting s See Leadership Clark County Assessment for guidance 2 1 Z 2
of ang kind in the past year, an passible strategies
including City Cauncil rneetings,
Citt,y- CQmmission meetings, oe
special-topic workshaps
y: CCIST:1 Little or no -2 Law - 3'Moderate - 4 High 1 SAVIIVG5:1 Little or no - 2 Smal1 an-going - 3 Modera#e an-
ing - 4Big Iong term SIMSTA1iJABlLITY BEN EFiT: i Lnw - 2 Mediu m - 3'High - 4 5ignificant [ FEA5IBILITY: 9Easy - 2
_.,.afaenging - 3 OifFicuGt - 4 Very difficult
. 25
SAMPLE SAMPLE S►AIMPLE
o ~ ~
,
GOALS ~ STRATEGIES u
THINTC GLCISAT;LY: Increase
14 lacal awareaess vf globa.l issues and s The Water Cenfier will continue to grow Bhe W'orfd 3 1 2 2
raise awareness of steps we can take Water Ilay Event - ZVIarch 22 thrvughout #he regian.
iv improve contiitians elsewhere
•n
EMPOWERMENT: Increase percenS of Vancouver residents who
15 feel tha# they have the opportuniry s See City's 5trategac Ptan. 2 1 l 3
to vQice their concerns in the city on
major community decisions fihat ~
affect their lives ~ • 4e,
CaMMIINITY' A. Suppvrt Cammuniiy'6h6ices walkahility strategres~L
TiN"VflLVEMENT: Increase ~ to encourage peopl~#v-get out in`their neighborhoads It 3 3 2
percent af VaneauVer residents who and walk (e.g. "Car Free" event h~ld ~n N. Portland an
connect with their community via 6122) ~
reccagnixed neighbarhoad 'W'd"n
assaciations, neig .hborhood blvck B. Up'qate Neighbo_rhtiod Actinri Fllans to incorpora#e
par#ies, weekly farners° markets vr s sustainbility. ~ C~q~ l 3 3 2
ottaer community bui4ding ac#ivities '~~~n c,'
s A. Support~~the Vancau~er Watersheds Council and 1 2 3 2
Urhan Forestry effaris.bXp, '
'L'OLUtiiTEERING: Increase 12~ -
ir~g projects I 1 2 ~ 1
percent of Vancvuver residents B. ~'~'ark wifh,~`~chQVls on servic~learn
17 volunteering and total hours ~-C, identify and ~ list the 1oca1 alunteer graups that
►aalunkeered in saleCted City funded~, wcauld assisi in rneeting gaals and ohjeetives such as
public beneft prvgrams c~n_:, 1 7s~chaoI's service le kinVg prajects, retirees, etc,(lvak for 1 2 3 2
-in#~erg generational lifikages).
U'FFdCE OF u..~"
NE'I'GHS[],R'11'0004, ncreaseo'~~~
18 percznf of Va.nc u er residents who 2 1 2 3
are active metF bers in racognized tL ~
ner"ghbo~'ho`ador~ rzations
5USTA.1NA!BLE COMMUNITY
IIYVC)LYEM.EN7': I c ase ~
percent flf Vancouveer reside~i ts and
husinesses whv have an /SD 'CQnnect tv the Ciark County'Healfhy'~'ood Group
understanding of hvw each ~°(G°mmuniry Choices) Master Gardener program 3 ~ ~ ~
5ustainahle Cit}r goal area is a could be working with schovl and neighbvrfivod
gcqmpanent of a sustainable d~ ~'dens o~er the summee
community and fhe extent ta'which
this affecis their deeisians
Key: COST:1 Little or no - 2 Lnw - 3 Mnderate - 4 High ! SAViNGS:1 Little ar no - 2 5rna11 on-gaing - 8 Maderate an-
going - 4Big Iong term $LlSTAINABILITY BEN EFIT: iLow - 2 Meditam - 3 Migh - 4 5ignificant 1 FEAS181LIT1':1 Easy - 2
Challenging - 3 Di#ficult- 4 Very difficult
26
SAMPLE SAMPLE SAMPLE
- WHERE WE ARE TOZIAY
CLIMATE
The Vanccauver Sustainability Plan daes not include a farmal Clirnate Action Plan, though
considerable xelated discussion is afforded inVancouver's greenhause gas (GHC'.r) inventary,
rl,iscussedbelow. The Sustainability Pian purposely avoids setCing farth aClimate Action Plan
due to emerging new state and federal polices with varying standareis. Though the val:idity of
g y ; t agencies and major
cl:imate chan e ma contiriue ta be cantentious to same, all gavet`nmen
scientifc badies have concluded that climate change is real and largely irnpacted by humans.
This recognition has spurred caming state- and federal policies;~ich'are expected to bring
.
si~:ifcant new regulations, risks and oppartunities. The Cityof' Vanc~auver has elected ta allow
state, regional and national ckimate goals ta becorrie more clearly defined befbre setting farth the
its own climate goals. However, it is expeeted those sarrie strafegies which rWould add:ress climate
change are inherent in many of the recomrnendations,uvithin the Plan, such as increasing Che
ef~iciency of City operations; promoting new e#fiGient building practices; reducidg;our fuel.
usage; and saving taxpayer dal.lars.
Greenfnouse Gas Inveatory ~ : .
In anticipation o~' ne~~ climate regulations and potential ernerging rqgional ~lirnate cap-and-trade
markets or the pricing of carban, the Cflty conducted a v'ery ;robust gr`eenhause gas r'nventory ta
establ:i5h a baseline af emissians. Fhis greenhouse.gas (GHG) inventory documented the majar
em,issions from City goverfi:rrieoperations for tlie City of Varicauver using established.
.
rnethocls. Far ttaose emissions sources that the Ciry.will be most likely required to report, based.
an the State of Washin gtan' 's IrIB 2815, (Scape I and 11 emissians as defined by The Climate
Registry), the study measurdd ap„proximately 13,92$ rnetric tpns (MT) afcarban diaxitle
equiValenC (C92e) greenhouse gas emissions -for th:e 2007 calendar year. Tn 2006, ernissians
w..
'e ofaapproximaiely 4.9 percent.
totaled 13,2$2 MT~CO2e. This F ,is s,_ an increasC
When t~e boundaries of t~h1e inventary are expanded to include additianal emissions sources such
as er"nissions from landFi.lled,salid ~.vaste, employee carnmute and embodied emissions within
purchased goocis, (Scope ITI as de:fiiled by The Cirmate Registry), the fal.l carbon footprint for the
City of Vancouv;er.comes to approxirraately 39,980 MT C02e far 2007 and 41,,133 MT C02e fQr
2006. This fully dacumented analysi,s rlescribes al:l major soLLrces of emissions an,d explains how
fhe infflrmation can-in£arm the City's thinking and pYanning as it rnoves to reduce, affset and
aC1L1re55 th55e e111i551o115.- F
Sased on infarmatian available in early Februaty 2009, current and pending legislation will
1ikely require the Ciry to report and reduce erra:issions from Sccapes I and IT. Reporting and
reduction of Scape III em:issians will 9rkely be valuntary fram a regulatory point af view.
DoGUrtientatian of Scope ITi emissions is important to understand a complete picture Qf the City's
carbon footprint. Taking actian to reduce Scope III emissions wil:l reduce the City's risk
associateci with a cost af carbon imposed by emerging reguiatory fcameworks at the state andlor
nationallevels.
SANlPLE SANIPLE SAMPLE I
Mechodology
Uata was available in most categories from calendar year 2002 through 2407, but ta avoid gaps
arYd ensure cansistencies, 2006 4vas chosen as the baseline year foa this GHG repvrt, Once the
data was collected, GHG emissions were calculated using the rriethada[ogy autlined by The
Climate Registry°s General Reporting Pratocolr'VerS10C1 1.0, March 2008. Additianally, data was
entered into ICLEI's Clean Air and Glimate Pratection software, developed jaintly by the State
and Territvrial Air Pollutian Program Administrators and the Assaciatiozi Qf Local Air PollutiQn
Control0ffieials (STAPFAIALAPCO), ICLEI and Torrie Smith ts►ssociates.
Baundarie.s Any inventory rnust define its borandaries-those emissions thAt it dacuments and those emissions
that it excludes. The baundaries used an this report fvllo«•. Scopes I, II and III as defined by the
World Resources Irastitute and Worid Business Council far Sustainable Devetopment:
• Scope I: Direct sources of greenhouse gas emissrons that nriginate from equipment and
facili€ies owned or aperated by the Ciry of ~Vancc►uver.
• Scope 11: Indirect GHG emissions fram importecl eleetricity, heat or steam.
• Scope III: AlI other indirect sources of GHG emissions that rnay result fram t.he activities
of the institution but occur from saurces ov,ned or cvnirolled b}, another company or
entity, such as: business air travel; ernbociied emissions in inaterial gaods purchased by
the institution; emissions from landfilled soiid tvaste; and tht institutian's employee
commuting habits.
For municigalities, these definitions result in sornewhat unclear and controversial boundaries that
demand deeper analysis. The City's resgonsibility° for and ability to controf emission sourees are
reflected in a discussian an bvundaries in the full report, whieh is availahle at
rk-vN,%N,.citNrofvancQuyer.Lis!sul-~OjO~biiiiv. ,
^ .
Greenhouse Gas Ernission results
Figure 1: City o# Vancouver, WA GHG lnventary Results #or 2006 and 2007
Ernissions Scsurce, by War1eJ Resaurces InStitLite (WRi) J The MT G02e
Climate Re wst Cate 0 2~46 2007
Scope I venicie Fleet 4,200 4,628
Natura1 Gas 1,008 1,102
Diesel, Stationary 399 486
Refrigerants unknawn >46
Scope I 3ubtotal 5,607 6,261
Scope If Electricity 7,675 7,666
Scope II Subtatal 7,fi75 T,666
~
Scope III So1id Was#e 51 531
Estimated Empkoyee Gommute 4,800 5,400
Estimated Embod'oed Emissions in Purchases 23,400 24,000
SCnpe II{ Subto#,al~ 27,8511 26,053
¢ _I~
I
SAMPLE SAMPLE SAMPLE
Figure 2: Camparison of Clty of Vancnvver, VIIA GHG Emissions by Scope, 2007
2s,naa
Scope I Scope II Scape I'il
21,000
24,000 - - -
O
f~
m
c
D
~
x 7,668
6,000 4,520 5.040
#,078
468 48 53
Vehicla Fleet Natural Gas Uiesel, itefrlgerants Electrlcity BvEYd Waste Estlmatet! Estirnated
Statlon`ary Empfayea Embadled
' Commuta Emisaions in
u ~ Purchases
v~~ ' L~i
. ~
Figtcre 3: City of Vancauver, WA GHG Inventory Results for 3007, 8cvpes I anc! ll Only
d~
~
, v~ni~ Fl,~t
,i
.
E~h
~
,
C-7aturai ('se!
8%
3~% l-Stetlonary+
Gescr3,
396
L7
I
~AMPLE SAMPLE
Corporate and Comrnurnity Inventories
When a rnungcipality deGides to conduct a greenhouse gas inventory, there are "vo ciifferent
types o£inventdries ta cansider: carparaCe and cammunity inventaries. Both offer valuabte
informatian for inforcning decision-makin,g, risk management and comrnunity develapment. The
difference between the tvo types oFinventories has to da with which boundar,xes, flr whieh
emissions saurces, are included.
In a Carporate Jnventory, the greenhouse gas emissions from the City govem,ment's xnternal.
❑perations are rneasured. f]ften this includes direct emissions from any fossil fueis bumed on
site, indirect emissions from energy sdurces imported for business use such as electnciry vr
steam, and indirect emissions resulting from mission-critical acfivitie:s such as husiness air traVel,
employee coinmuting or waste generation. These emissions are not tiecl;ta a geograp'hic lacatiora,
but instead to the scope of an arganization's internal operaiions. This is ihe ~acus of the repott
campleted for the Ciry of VancouVer.
In a Cflmmunity Anventor3=, bounciaries are drarvn around a set geographic regionjhe City of
Vancouver's Community Inventory is expected ta be carirnpleted k~y March 2049 Pr~t~ocols ~'or
Ce~mmun'ity Inventaries of cities haVe not been ~ially der~elope~, but are based an the protocal
develaped by the United Nationa Fracne~ork Convention ori Clirrtate Change for nations. There
~
are many c~tallenges associated ~vith setting b'aunciaries arpund a.geographic region such as a
city, due to the fact that a city is a pa.rt of a la.rger ecanomy. First, there m.ay= be actidities
demanded b}r the population that cause emissions Qtsxde the city's geagraphrc boundaries, such
as emissions from electricity-generating powex.plants, Co `nversely, there may be city-owned -
an~'rasCrueture such as airports ~rr ivasTewater treatrent facil.ities i:nside #he geographi~ baundary that serves a greater populatian `than just those th'at exist witihin city li:mits. The Vancouver
Cnmmunity inventory «aill,pravide details on methods, far treating CHG-emitting activities with
ambiguous geagraphicat baundaries. .
. , ~2..-.
This Comnnunii~ Inventory is avoluntary aiid j~raactive eff`ort by the City of Vancouver ta
quarrtify and report gxeenhouse gas emissions fro1xs munieipal governrnent operations. Whiie
=With ly no lar~s required ~e C,ity te~ regularly accQUnt for ar~tl repQrt its e~nissions, this has
fihe passage af,the Hrruse'Bi:112$ 15, discussed below. FurCh,e,rmare, this inventory
seeks to prepa~e the City for other emerging poiicy frarneworfcs that wi:fl require both emissions
reporting a:nti climate acfion.
• , , .
Claanate policies are`~U'rrently being develaped simultaneously at the state, regional and national.
levels. The two framei~vorks rrsast l:ikely Co direcCly impact the City of VancouVer in the
im.mediate future are state regulaCions developed in accprdance with the state o!FWashington H❑use Bill {HB} 2815 and reguYatians develaped as part of the Western +Climate Initiative, of
which Washingtpn is a founding member. HB 2$15 will begin requiring GHG reporting by
public ancB priWate entities above a cerCain scale as of fiscal year 20 10, hegi,nning with fiscal year '
2009. 'I`he set threshold is far laelaw the City's to'ta1 ernissions, based on Vancouver's completed
Corporate Tnventary. Defiailed rules are anticipated frarri the Washington Stafe Department of !
Ecalogy. I
~~~PLE
To the extent possible, the City's CHG inventory attepnpted to follow all existi:ng a:nd likeiy
future prntoGols to ensure- maximurrt consistency and cornparability with future inventary effores.
Beyand all current and future statutory obligatio.ns that the City af Vaneauver will face, th:is
inventary aitempts Co take the braadest feasible viedv of greenhouse gas ernissions from activities
and services on which the City relies and provides, in order to provide the strongest base for
understanding obstacles and achievi.ng future goa1s.
Implications for Planning
First, the Cft)j should cansider prioritizin~ efforts based on a few ma,}or' cQncems:
• Focus on rrlajor emissians sources by size
o Facus on opportun.ities far conirol
• Leverage opportvn.ities for influence and cgllabaratian even vvh ere total cDntrol does not
exist.
In other words, the City must facus prirnaxaly on thase em.issions snurces that are 1argest and.
ovec which it has the most contro1. Hotivever, Ciry effofts,rnust also, dravv in avast ariay of
pa.rtners - employees, utility pr4viders, vendors and others L t~ reducE those s"~are~i e~nissions in.
Scapes 11 : anc~ 1:I.I. At the sa~ne tirne, the City should irategra~;e"GHG concems i:nta expa:nsiara.
plans and faci.lities management, including:
o ConsfrLictiQn ana maj or renovation pradtices .
* [3n-going rriaintenance, such as xetroicommissioning of builcl'tngs
* Purchasina practices, especial:ly energy-usirig,equiprtient '
* Siting{locations, such as:long-term trarispar`tatian irftplications Qf'site selection
, , .
Add:itianally, giuen~the substantial ialdirect supply chain emissions, the City should refine iis
understandii~~ 'of the GHG i.rriplscations af alteziiative purchasing patterns.
t ~
Tmportantly, all sustainabil:ity actians Must involve citizens and businesses, helping them address
their goals; risks and related costs. Additianal irisight in th'ss area is prauided in the cornmunity
GHG iniventor}r for the City of Va'neo'uver.
E,l.l ~r~qT EL' . .
,~~I`i-~? +~.Sa'~+FI1...~^.IE11y~~C;j 3
t-1 complete inventory of energy use of every City of Va:ncouver building and actiait}r ,has becn
identified and sau:rced through a State of Washington General Adm:inistratiorn contract for energY
service comparsies. Wcirking with the, City of Vancouver Facilities, R:'sslk and Pr4perfi}r Services
Departrnent, the contract rvith McKinst:ry Engineering will provide detailed energy audits for the
buil,dings operati:ng systems. The resulCing audits wi11 be used ta anake meadi:ficat:ions and
u;Pgrades to the aperating systems that have a guaranteed payback:periad through utisity savi:ngs.
As of February 2009, work had begun in three Cifiy facilities: Firstenburg Camrnursiry Cenfier,
Marsha1:1 CQrnmunity Center and tha Water Resources Education Center.
Tn additinn to saving City energy and taxpayer dollars, at a more regianallevel,, this pcvgram
~ promotes jobs in the mechanical engineering fie1ds and al:laws additianal eraergy ta be af£ered ta
SJ4MPLE SAMPLE SA►MPLE
otl-ier seGtors ta tneet peak chailenges in the near future. -
It is expected ihat a partian mf any retrofit costs might also be paid for through prograrns
adm:inisteretl by locaI energy providers or on laehalf af the Banneville Power Adrninistration
Futu:re efforts shauld include a possible centraZized monitori:ng system of energy for all or
multiple city facilities that may also include safety, lighting a:nd other factors.
S1C:T5T'AINABL~ BUILIDINGS
The City of Vancvuver, in partnership wifh C1ark Caunty and funded by aWashington Aepartmenx af'I'rade and Cammunity and EcQnarnic I]eveIoprnent'irant, has undertalcen a study
of regulatory barriers to extremely h:igh standards for residential "green". 'uildings or the
Living Bu;ilding Challenge (LBC). This study, canducted by the Cascadia Region of the Un.ited
States Green Buildi.ng CQUncii, yociked at six actuai residentoal ,projects, s7ffia.lar ta developrnents
that might be proposed in the City. Using those pro,yect5' base gla:ns, C,ity and,Countyj planners
cQnsidered the obstacles Qr issues that preVe-nt them fram rneeting standards of the LBC, which
promotes canstructian 4f homes that generate tiheir own pawer, treat water can-sit& and provide
restorative envi.ron:rtaental irnpacts, ` -
Identifying these bart'iers allaws the City to, identify sol~ations :to help builders and deVelopers
achieve higher buiYding standards throtigh th:e regulatory pracess. The iCity of VancauVer, with.
help frem agrant obtained by Clark County,proposes tQ fu:rther build. on this wvrk by partnering
with other small cities cnnsidering how to create incen'ttves for a higher standard of green
developrnent. ' - °
, . .
INFORMATION TECHNaLocV
- -
The City's ~nfarcnat~on xechnal~gy (iT) T]e~aa~rnent is maving £orward on reducirag energy
u5age over the nexfi hvo,to fau'r-years through faus significantprajects. These are as fallows:
Mobiletamputing
The ZT Department gs currenfily warking wrth de.partrnents to provide mobile teehnology tcr
employees fhat vvor,k primarily ;i:n the field. These include (]peratians Centee staff, Bui.lding
inspectors, Fire Department staff, Police Departrnent school resouree afficers and others.
r
, a
IT is usi.ng a cambinat:i'oai af broadbandi cellular network cards (air cards), netwark encryptian.
and security saftwares and virtual application saftware tD prnvdde mobile staff wifih the abi:S.ity to
remote-ly access all their applicatians frram the field. This pravides multiple benefits:
•Emplayee trauel time and fuel cnsts are -redueed and more time can be spent working on
thejob site when real time information is avaifable ar employees have the ability ta enter
the status af an inspection or wark arder °while in the field.
• With access to real-tirne dat,a in the field and the abi:lity to update information frarn a.
vehicle or jo6 site, the requirememt far a statianary computer workstatian decreases, This
a~AMPLE +~7AMPi.E SAMPLE
opens up the possibi:lify to work ouC of smaller shared spaces or potentially elirn:inate
sorne office space alkogether. Reducing space reguirements reduces the need for heating,
eool.ing, power util:ization and ather facility resources.
Telecommuting
Usi.ng the same enctyption and secu:rity sflftware anei vi:rtuai application software fhat supports
mobile computing, employees that have CiCy laptops and either an ai.r card or home broadband.
connectian can gain access tea all their ciiy applications an,d data from hame or a:ny ather
telework location. Telecommuting prov.ides beneits simifar tn rnobi:le: cQrn;puting:
O Where th:is is an apprDpriate and effective for the City, teleGai7unuti:ng Gan save xrauel.
fiirne and fuel consurnption, and help VancQUVer achieVe its cQrriputer trip reduction.
(C'I'R) gaals. This also pravides emergency greparedness arad abifiry to continue to serrre
the publ.ic in case ❑f severe E:ncle-ment weather or emergencies.
o Emp4oyees warklng from home rrtay be able 'O wark from a smallec mr share0 wc+rkspace
wikh:i:rr a City office. A smaller space rcqtiirennsent reduces the need for heati:ng, ccaolia~,g,
po~r~er utilization and rathe:r facidity er~viron~mer~tal facte~'rs: e
Sex'ver'Virtua!'ixatifln , -
Server virtLZal:izatiora as the process of examining cu'rrent physical server ha:rciware use and.
determininc, if it is under uti.Lixed. Many applicatians that run on sei~`~ers specify that ihey require
a dedicateti servet` so as to r►ot ppnfl:ict tivith ather applications. Th:is often xesults in servers bein,g
under utilized. Vi:rtualizatian takes many physical; seruers and maves them to individual virtual
servers running on a s~.riele physicaY server. A~tpl.icafisar~s ~rr~ ~~grt~aal servers "beli,eti~e" they are t'~e
only appl:ication run:ning an the se°rver. This avQids con:fllcts beCween applicatians.
Benefits are seen wh.en by cbnstrl:idatiiig physical secvers into virtual servers; the City is able ta
nd cool no-'` r I a' 'd a ~ ri.i~ h~h~sica'l servers in the tlata center. This results i:n less space, emerg~,
g requ e same number caf City sever=based applicafiiarss.
. _ . . .
Compu'ter Power Managernent
City computers' have typically been left on far 24-hou:rs so that security updates and vireis
patches can be apgl:ied during nan-work hours. Afthough the cprnputer processing unit resnains
on, al.l raaan.itors are programmed fio turn off autoi`natically after 20 minutes of inaGCivity. The
City' s IT DeFa:rtrnent . is, g at tnechanisms to automatically contral Che ptawer e~ff and pov~er
9~olk.i.rs
f the CPT;T portton of computers to allow far continued security patchirag,. The technalagy
that allows this remote automated capabi.lity calYed "Wake on LAN," means that compufiers on.
the netwvrk (T,AN) can be remotely ";awakened" ar eQntinue to "sleep." As the City 9oaks at the
rnigration to Microsoft Vista, which has this capability but is resource intensive and snay not be
compatible with sarne existing systems, the "wake ❑n LAN" functional:ity wi:ll be an impartant
part af the implementation. The benefts are energy savings.
SANIPLE SAMPLE SAMPLE
P'UBLIC WQRKS
Fuel Usage
The Public Warks lQepartmen# has made majar strides in reduci.ng fuel usage in city ovvned
vehicles. A recently enacted anti-id:ling pal:icy has been rnandated for Public Warks employees.
With'rn the Operations Aivision of Public Works, a cancerted sListainability effort and friendly
competition between wark groups was conducted to reduce fuel in fleet vehicles. Between July
and November 2008 alone, increase[i effciencies in equipment and an anti-itiling effort by
aperatians employees led to a reduction. of 7,500 gal:lons of fuel, savirig energy and tax dollars
a:nd improvi:ng atr quality, These two strategies are worth contintai.rig and considering app9ying to
atil city operated vehicles. Increasing Urban Tree Canopy, Redueing Runaff - . '
Va:ncauver was named Tree City USA fcar the l 9h year and received the Tree Crty USA Growth
Award for the th:i:rd year in 20D8 for achieving natab le irnpravenrients in the LTrban F'orestry
Programs pVer the past year. L]rban Forestry's partnership with"the Home Depot Foundatian and
Friends af Trees al:fowed fdr an AmeriCorps staff, which'led tq increasirmg neighhorhond planting
participation by 250 percent in 200 8. Uz~ban Forestry par[neeshaps wifh neighbQrhoad
associatians have alsa resulted in an additi6na3 385 street and yard trees in more than 18
rieighborhoods. lJrban Forestry is continuing to iricrease tree can6py throughout Che city,
reducing erosion, i:mproving air quality a:nd increasingrliyabiliiy and neighborhoad sustainabaliiy.
t3 citywide program to educate the cQrnmunit:y'abQUfi proper tr'ee gru:ning is an!ticipated to begi.n -
in spring 2009.
Valunteerism and..Sustainability Gutreach
With support frorr3 the Cit3', the Vancouyer tilratersh.eds Council offiaiai:ly becam~ a new non-
profit organ:itation; launched With the rnission to bring togetiner and engage the conamunity to
protect arld enhance the natural environrrteni af Vancouver watersheds. For 200$, pragrams that.
be-nefit arid a:mprove the watersheds that ex:ist within the city inc9uded: Martin Luther King 7r,
]]a;y; (1an 21), Down By the ,Riwerside (Niay 17), and Can C1 Aig It (Oct 25) PlantinglClean-Up
Events, hosted with a numher ofpaartner organizations. 'rhese efforts are expected to cantinue in
20[}9, expanding apport+anities far citixens to take ovvnership of our corn:rnuni:ty's envirQnrnent.
,
I:n 2008, more than 5,500 peaple af al:l ages visited the Water Center and nearly 800 hours of
vQlunteer service were . provided in 2008. L]uring the 2007-2008 schoo1 year, the Water Center's
schoal prograrns served 4,666 students, including 160 stadents wha participated in Service
Leaming Projects. For 2009, exhibit improuemenis are planned that wi:1i further educate people
of all ages on how to care for and make wise decisions about water resources.
Nl:ore than 2,698 donated hours were spent on Urban Forestry projects in 2008. The Urban
Farestry Prograrn's achievements in creating parhnerships and engaging the commurrity in hands-
on sustainabil:ity Offer a success£ul model for other sustai:nability presgrams in Vancouver.
~
i
t
~~MPLE SA.QYPLE
Reducing, Reusing and Recycling
In 2008, a Aesource Gonservation Chalienge was initiated to encourage neighbor'hoods to make
their annual clea:nups more sustaina6le by rewarding and recognizing the implementatiom of .
innavative strategies. Twenty-four neighbcancoods, more tihan half af fhe neighbors ;partic,ipating
in cleanups, acce,pted tha challenge.
A pi:l4t com.merciafl recycling projecC began in 5eptembe.r 2008 in the Four#h ,Plain Corridor area
to evaluate w,hether can$ainer, including glass, and paper recyeling seraices could be improVed to
these customers. As many as 500 businesses are targefied far participation and 100 had already
signed up by late Nowember 2008.
Vancouver alsa coordinated with C1ark Caun and c~ther cities io cornplefie a pilot assesstr~ent of
~i..,
'
ca:rt=}~aseci cur'~side recycling as aa~ t~ption ta increase the vOlurr~e of t'ec6ered rnateria]s,
potential:ly by 20percent. Sa1id Waste Services is currently negotiating with ihe cantractor an.
custorner rates and the collection frequency with a,potent'al transitivr~ i:a~ late Z0fl9, should #he
City af Vancouver choase ta go 'rr~ this d.irectian:' .
Solid Vi7aste Services staff prepared for the transition of the 6 year ald CREAM camputer
reuselrecycl.ing program to continuing operafiions as a non profit f6cused ort "upgrading the
comrnunity" thrca►igh providi:ng technology,a;GCess a.nd training'reusi„ng recDVered electronie
rnaterials. A new industry funded statewide p`rcrgrain starting in January 2[}[}9 is providing a new
infrastructure for recycl'rng residential eamputers aiid felevisinns. _
Native VegetatiQn and Greenway Tmpravements
,
I.n 2008, Che Sensitive Lands Tears-i wras i:nvolved 1iVith more than 10,600 trees and sh:nibs planted
in areas adjacent to Burnt &~ge 6reek. P1ant surv'rvabil:it}f was increased on Cit}+ greenway
areas by tPsing;muPch arou~dplariti:ngs la'decreases weeds 'rn.planting areas. ,More than 2,000
cubic yards,eif mulch. was pla~eidin 200$. Cost-saving measures cantinue to be aCh,ieved by
changing irrigatiQn systeins,frorTi tradiCional irrigation heads ta drip systems.
Waste Treatment
Wastewater treatment infrast~icture and facilities around tt~e countay are experienci:ng an
ir~crease in maintenance and operatians due fio i:nc3'easing presence of tnaterials - diapet's, wipes,
towels, etc. - enterasig the sanitary sewer system. The C;aty af Vancauver°s Pub1iG 4Vorks
divisions in ,EngineerxOperations and Envi!ranmentalResources have tearrned ta deveYQp
public education and razitreach araund the ap.pr4priate use of the waste treatment system (i.e.,
NQ7' using tlrains ancl toilets for pharmaceuticals, grease, d:iapers, ete.).
Tn:itial contacts yvith ather agencies3 includ:sng the Clark Regional Wastewater Dastrict and Clark
Coursty, indicate strar►g gotent:ial for a regianal partnersh.ip to assist in this effart, which the City
expects ta launcEy in 2009.
SAMPLE SAiVIPLE SAMPLE
,
Efficient Teehnologies fQr City Equipmeot -
The City of Vancouver's Public Warks is ccantinuing the xeplacernentlretrafitting of remaining
less-effcient incandescent larnps with mew T~ED (light etnitting diodes) larn;ps in traffiG sagnals.
Tn tatal, th.is overall ,retroft will generafie apprcaximately 75 percent in energy savirngs tha# help
the city keep pace with increasi:ng neeiis at atime of decreasing budget t'esources. The City has
also launched a Street Light Lam}a ReCycling Program.
Severa1 projects have been aanderkaken ta increase eMcYer¢cies taf'the Gity's sanitary sewer
i.nfrastructtare and watex reclamatiora (tivastevaater) facilities. Cured-in-plxce.pipe #reneh9ess
teehnolagy has allowed Public Warks to line 3,4$4 feet of 249inch inain, 1,398 feet of 1$-inch
main, 286 feet of l0-inch rnain, and 3,391 feet of 8-inch r,nain This technology ta reline ald clay
mains reduces mainteraaalce needs and pralangs life at a fraction of fihe cvsts and im;pacts of
replaci.ng ttte mairas, and is far less dis~-uptive to neighborh~r~dsand the env-i:ro9unent. Qther
_ . .
exarnples ofnew wastewater effciencies include: upgrades of pumps at the Orchards a.nd
Andresen pump statians, prograrnmable logic cantr6ller at the VVestside treatment-facility, a
capi#al project designed in 2008 that tivi11 allcaw decorrirnission,i:ng oFthe qld Chateau Crest Pump
Station. These efforts are expected to help red:uce energy costs aiid maintenance requirements
whi:le i:ncreasing reliability.
CI'TY PUANNING EFFORTS - . ' . . .
.
Many City I?epartments are prepanng plann'ing updafes, such as Cam ~ l~.ing, Parks,
Transportation, EconQmic Develapment and others: Several meetings have been held with key departments ea~nd busiriessi: ~no 1imbed srastatriability+ strategies and gQals wit'~in updated city .
pla n ~ng e~f'ort P
ADDYTIONAL FUSLIC fJUTREACH . - , -
Severai dazen m'eetiangs have been heid variaus cotnmunity argani,zations, neighborhovd
arganizations, Clark College, Washington State University - Vancouver, Un:iversary of Oregon -
Partland Branch and ot'hers tb prese~t t:he City of Vancauver's proposed Sustainabil.ity Flan.
More than 25D residents hati=e been reach'ed th.rough a pa:nel of sustainabiliry experts fram Clark .
Publ:ic []ti.l:i.ties, Caty Solici Waste, City 5ustainabiflity Caardinatar, Leonard Bauhs, oFthe NW
Neighbtrrhoor➢ Association, to engage citizens in the topic of sustainabil:ity to seek feedback and -
prav'rde additional.inforznatiDn.
,Add.itionally, the City of °Vancvuver hosted avery successful Second An.nual Sustainability
Conference in July 2008. More than 350 people attended the £ull canference and another 740
attended the keynote address by Robert F. Ken.nedy lr, A participant survey produced g4ad
feedback witn much sup;part for speciFic, targeted workshops such as green bulldings, climate
change informatron, energy consec-vation, environrnental:ly responsihle pracure-ment. As such, the
City has embarked on anumbee of partnerships to provide focused workshaps, which are
revenue neutral,, and address tihe topics requested by the com.munity. A good example of this is
the recent 5usfi.ainabil.iry Breakfast Series for 13usinesses spansored by ShareBank Pacific and the
City of Vancouwer.
SAMPLE SAMPLE SAMPLE
GTtEEEN E+CCDNQIVIIC UEVFLOPMENT AND +GREEN JUBS
Vancouuer's Ecanom,ic aevelapment Office and the City's SusCainabiliiy Coordinator, worki:ng
with the Columbia RiVer £cono.mi,c ,Taevelopment Gouncil (C,REDC), haue been promofiing and
encouraging sustainable businesses antl industries to relacate to SDUthwest Wash'rrigtan. In.
addition, efforts are underway to reach out to existing businesses to assist them a.n atiopting
sustai:nable practices and improving their bottorn Iine. 7'his wil.l 8ikely result in the creatian of a
V"ancouver Sustainahle Business Network, camprising 1ocal businesses working to support one
anofher in these eff'orts. Alsn under way is consideratian of Green Industrial Park or Sustainable
Business Yncuhator of start-up businesses thak need assistance in bringing new "green" flr
sustainable technologies to the marketplace. ,
.:i
Separately, but sirnilarly, the CitSI supp4rts the efforts af a"b`uy local" -campaign for sustainable
businesses located in the City of Vancouver and surrounding areas. A key pumber of lDCaI
businesses worki.ng in eoncert with th,e Vancauver Dawaiiown Association a:re' cceating a 1Qca1.
chapter of BALLE -$usiness Aliiance for aLocal Living Economy: •
http:llN,vvw.livingeconotnies.orgl
RECOMMENDATION~D GCDALS FDR•2409 - 2010
t
Gity leadership has agreed that those sustainable practices or strategies should be i.rnpletrriented
: _ -
irnmediately when and where appropriate. Thefefvre; the Ci~f has begun wQrk an sustainability
effarts, prior ta completion of the,planning process, where costs and substantial return an
investrrient or sustainable `impact~made sense ta do so, as deananstrated in the Annual Repart.
200$ Sectian.
However, a more tleliberative impler~;tation ofthe plan is necessary. The changing rsgulatory
and policy,enviranment at federal and state'leWls; the extrerne f.luctuafiion in ail prices from a
high in Juine 2O08 to 1~w in,hTOVecn}aer 2008 with prices likely to rise yet again; changing
do~~~n~ard economic situ'~tinn, here arid glabally; all require a more strategic investrnent of time
and t'e5011TCe5. IfY Ott`ler VL'QI`d5, we shvuld pursue those stxategies 4Vhere imrnediate sarrings can be
realized vr'lirriited and identifed re5ources can produce ongering savings revenue to the City and.
its taxpayers giv en the curcent economy.
1, CQntinue the effrirts of the Green Ribbon Panel, changing lnemhership to reflect citizen
representation oniy.' Throug,haut much of 2008, the Green Ribbon Panel has been meeting monthYy and ptoviling
input and eduGation in deVeloping the first 5ustainable VancauVer Plan. Tn addition to fihe
appointed citizen panel rnembers and key City directors and department heads, participants
in the rneetings have includ.ed elected offieials, city staff, interested community members,
visgting students and rnedia.
SAMPLE SAMPLE SAMPLE
The City should consider transitianing the Green Ribbon Panel to an appointed advisary
group for Sustainability Efforts. Suggestions are as follows:
Existing members, or at least faur existing members, wha wish to remain, should be
considered, for inclusian in the new cornmiCtee and new rnernbers would be invited and
should include representation from existing constituencies, plus K-12 anci utility
representatives. The Green Ribbon panel would include na more than 12 memher's tatal.
Terms of service for the Green Ribb4n Panel w,ill be two years or until the panel is
terrninated by fhe City Manager's Off'ice. - P
Duties of the Green R.ihban Panel will rnclude: ' • Upon initial #'4rmation, meet with the City M~iager`and staff of the City Green Team
to review City Manager's propased sustainability work plan for the start up and make
recommendatians regaxding the plan's ability to meet the intent of the plan,
■Submit a written evaluation to fihe City Mariager's Office annually on p"rogress
towards implementatian of the p1an, .
@ 1Vlake recommendations to the FSustaanability Coordinator and City officials an
cornrnunitywide sustainability effarts fur which the Ciry.has no direct cantrol or
accountahility but are cnntained in the Sustainabi;lity Plan. ~
• Meet semi-annually with City Green Team to review prcagress and help evaluate
progress based upon a:nriual sustainability scarecard. ~
. F
~ r
2. Establish a Ciiy Staff Green ~'eam. `
, , .
The 6reen Ribbon Yariel recoinr6ends the City Manager appoint a"Green Tearn" consisting
e~,f staf~'fr~m several Ci,ty` departriients. This ~will be responsible ~'ox deveYaping and.
coordinating sustainability strategies, and for reporting on the City's progress toward
sustainab`ility,gaals and targets contained in the approved Sustainable Vancouver Flan. The
Sustainabi:l:ity.~oordinator will be charged with implementang the plan and courdinating the
eff'c►rts vf the Green Tearn. The Sustainabil.ity Cataa'dinator will also support the efforts of the
Green Ribbon F'anel and assist in cammunity-wids strategies.
The Green Teaan's missian shall include an emphasis on in-house educatian and outreach with a specific facus an implernenting the plan as it pertains to City vperatians. These
activaties will be tempered by available local resources; possibly funded through savings
achieved through susta'inable strategies; and avai:lable grants from state ar federal agencies. .
Duties flf the Green Teatn shahl include:
~~~PLE SAMPQ.E SAMPLE
s Implernenting the goals and recomrrr:ended actions fihat the City is cha,rged wixh
completing in the Cauncil approved Sustainability Plan and by the City Managers
flffice; and for which resources are available,
o Assist the Sustainability Coordynator in preparing an Annual Sustainability 5corecard
and related reporks,
~ Assist in prouiding in-house public educatinn and ouireach on City-related
sustainabil:ity issues,
.
~Lead thraugh example by dernonstrating com.m:itment to sustainable practices withi:n.
~
City opetations,
3. +Cantinuc #o prnvide training to City employees on ~ustainability issues and practices.
.
A great deal of success has already been real:izecl by efforts of ez-nployees iri the:City's 4400
building through the self= guided stuciy courses pira~ided by ihe Notthwest ,Earfti In`stitute.
These employees, with limited assastance frarn the Sustainability Coordinator,'have
emharked on a self'study program an their vwn time and;own expense. This grassroats
~
invol_vern,ent initiative has received high reviews hy the participating employees. There a:re
six subject areas: Gdabal Wa:rming, &anging Go2rse; Choices for Sustainable Living;lVlenu
for the Future; Voluntary Simpl:icit}~; Healthy'Children - Healt}~y Pianet; and Exploring Deep
' Econamy. ° - ,
. ' .
. ,
It is recammended that these same or similar" self guided ssLidy programs be vffered to other
rvork axeas an their`orvn tirne; such as lunch haurs. The Sustainahility Coordinatar and "
~aolursteers frotn'th~e 44(]0 buildin~ laave o,ffered ta help host and organize these discussions.
.
4. Contiaaue,providin; targeted r communrty aCnd seckor specifc workshops an various
tnpics of sustaaiiability, ineluding a maj6r keynote speaker to the cammuni[y at larg;e.
• `
Feedbaek frtim the Southwest Washingtnn Sustainabiiily Can,ference (July 2008)
E:
-
recammended that specifc;workshops for key community sectors be offered #'or more hands
an 4r specific guidance on haw to effectively and efficienily incarporate sus[ainabi.liry.
Aiready, same workshops Yiave been offered including, with spansorship fram 5hareaank
Pacifc and othe'rs, Suyirig Local ar~d Sustainable Business Breakfast Series, etc. Future
workshops could include~ Green Buil,din s; Low-lm act Develapment, ~'rreen Jobs and Green
EcQnornic Develapment; New Carlaon Markets and opportunifiies; ComrnuniCy Gazdens, etc. Additionally, the City shQU1d consider, hosting a national lceynote lecturer each year, much
like the Marshal:l Lectu:re, but focused an topics oF Sustainability. A31 of these eVents would -
need to identify funding resararces autside of Cityz funding.
SAMPLE SAMPL.E SAMPLE
5. Establish a green or enyironmentally respansible procurement pvlicy for all ci:ty
purchases.
The City should grow on efforts recently hegun by establishing procurement policies that
encaurage and inc,rease the use of enviranmentally preferable producis and services. Ay
includirag environmental consideration in purchasing decisians, the City can promote
practices that improve public and worker health, conserve natural resources, and reward
enVaronmentaily consciaus manufacturers, while remaining fiscally responsible. Where
legally allowable and appropriate, the City should also support 1aca1 businesses in purchasing
supplies and services.
6. Con#inue identifying barriers to green or sustainable deVelopment. Dievelop
r~oittmendations fQr incentives ar ather mechanisms'that incre~se green residential
and commercial development.
'I'he Cit), of Vancauver in partnership with Clark'Caunty has embarked on a study with the
_,•-F
U.S. Green Building Counci:l ta identify code barriers to canstructing avariety af residential
types to the Livin,g Buiiding Challenge. The ftnal &liV ' erahle' of'th'rs study is due in March
._,t
2009. A copy of the first draft of this report is faund in _an~attached appendix. Tn fhe ~nal
..y.
repart, recammendations will ~ae provided c~n how to ct~nvert; these barriers to incentiues.
While there is limited a❑rtuni to 6han' e federal and staie-codes and law likel:ihaod f~rr
~'uture funding af simil apport ~it~es, creatiVe incentiVes cotiild'be~crafted from this study to
adVanee the practice of green bui:ldings.
Additionally, fhe City of Vancouver should consider linkiiig'inf'rastructure investrnent in
partnership rvith the'prrvate'sector to requiresustainable development practices in our major
developments, such,.as the waterf'ront and elsewhere;
, • 7. Cantinue e#forts at fuel use r`ed~uc'tivn t~y City vehicles. Expand nn the efforts af P~blic
-
V~'vrks to'atiier,s'ez-,viee areas. ' -
Sigtiificant vol:untary-strides hav~ e been~tnade to reduce £uel use in city aperated veh:icles,
espe`ci:ally the emplayees, of Public Works - Oparatians Center. Strategies and gvals should
be develaped for all city operaCed vehicles (including Po1.iCe and Fire), including anti-idling
policies fWall city veh;icles.
8. Continue energy1audits`at City awned ar apera:ted buildings and make energy effieient
~_...and cap'ttal impro_vements where cost-effeetiVe and where resourees are available.
,
The Gity Departrnent of Faci:lities, Risk, and Property Management have undertaken energy
audits of selected City owned facilities and are em'harking on consecvation improvements and
capital irnprovements through ESCO agreements where it is cast effective. These effarts
should cantinue and consider acceleratian, especially with measures that have shart pay-back
periods. In addition to reducing City expenses these effarts will help us rneet aur targeted
reductians in greenhouse gas emissipns.
SAMPLE SAMPLE
g. Continue wark with other local governments, K-12, WST.F-V, Clark College and the
Skills Center, Clark Fublie Utiiities, businesses, neighborhnod associations and athers
to deWeinp s regiona] approach for sustainability in Sauthwest Washingtun.
The City of Vancouver has been working regianally witih Clark County and sma13 cities
within Sauthvti+est Wash.ingtton to prorraate sustainable business practices. There are alsa
numerous other examples af regional cooperatiQn around sustaizaability, such as solid waste
and reGycling efforts. The City should cantinue in these and other efforts that develop a.
cansistent message and regulatory envirrrn.ment, saVe tax payer resources, and recagnize we
share in the sarne bio-region. Additionally, the effarts contemplated uncler this plan cannvt be
completed alone and need ta be coordinated. ~ 4 - °
~
10. Cansider inereasing the renewable portfolio (wind, solar, etc.)'of energy use cvnsumed
by the City operations.
~
;
Where cost effective and where energy price stal~ilization may be foreseeable,"the City of
Vancauver should wprk in partnersliip wifh Cla'rkcPubiic iTti.lit"tes to increase Ihe,portfolia af
re-newable energy in the energy we purchase. Iqot only,does`thk help mave our cauntry aff
foreign oii, it offers potential to red:ucr our future ener'gy price increases and reduce aur
greenhouse gas impacts. Additianall"y, itsignals the regionrand pQtentiai commercial and.
industrial businesses we are supporting a, Igreen" regian. f
_ , . _
' kX.Work to increase the number af comrtiunity4gardeps in Ci#y parks; vther publicly
o-tvned land, and residences. In partnershig rvith other,orga~nizatinns help educate
homeo~vne~rs and ~-esideri.~s in sustainable ga.rdet~iaag techniques and practices,
- ~
.
,
T,n rnan~~ cammun,tty_ t .meetings ; ara,d neighborh,ood association m,eetings, citi2ens and residents
have consisfientl~~ cal.lecl for the increase zn fihe riuri~l~er oF community gacdens. Nat anly dpes
this increase.the avaiYability of lacal:ly graNvn and organic food, but it helps build cammunity
and reduce hausehold costs,' r
12. 13egin the eleGtriiFication of aur transpartatian system.
This regian lik-ely will become the hub for the manufacture an,d initial promotian of electric
plug-in hybrid -Vehicles and, electric cars. Working with Clark Publ:ic Utilities and corporate
sporssors; start developingan infrastructure that supports plrag-in options and set aside a
percentage or specific parking for plug-in h}+brids and all electri,c vehicles.
41.
SAiVl PLIE 5AMP L E SAMPLE
A -1
GREEN TtIBBCDN PANEL MEIi!FBERS AN'fl CaNTRIBUTURS
Green Rihbon Panelli!Iembea-s
a Sonnie Andersan, Vice President, ShoreBanl€ Pacific
❑ LeQnard Bauhs, President, Northwest Neighbarhood Assaciation
o Timathy Buckley, Greenstane Architecture r
a Roger Ca1e, Sierra C1ub
a Vance Cvrum, Farmer's Markets America i F
o Glen Durden, citizen at large, Vancouver I
• Amy I]vorak, Sustainability T]irectflr, Maul Faster Alongi, Tnc ,
o Anne Garlinghouse, M.A., J.D., John L. Scott Real~Eskate 3eff Harvey, Chief Operating C3fficer, Holland Carporati.an
o Melinda Hir~ley, Direct4r of Catering SerVices, ~Hiltan Vancouver Washington
o Tonnie Hyde, Environmentai Health Services Manager, 'Clark Counry Public Health.
oErika Jahnsan, Cascade Highlands Neighborhood Associatian
• Greg Janes, President, The Rocketshop ~
a Tim Lalpne, citixen at large, Vancouver
n.i
a Ste~ve Madsen, ~Czvvernment Affairs Drector, Bu'r9ding Tndusit_r'y A.ssociation _
a Jarnes 1Vlartin, Director of Facility f3perati4ns, Washingfan,State iJniversiCy oSen. Graig Prideznore,`49~' District, V►Ta'shir~gton State Legislature
Q'Tabitha Reeder, :~T3 White; Division o~'Berger ABAM Engineers
o A1 Schauer, Pcesident,lVlcKay & Sposito;=Tnc.
a Heather Christin~ Tischbein,'citizen at large, Vancouver (mavedftom area)
o Commissianer Briaia Wolfe, Port of Vaneouver
,
, r.;
,~-s L . . I
0..ity DIr'{'.Ct'Qrs ' • IW~~ . -
, ~4 •
Betsy '►iYi,lliams, Assistarit rCity Ma6ager '
Srian Carlsan, Department 'of Public Works
Laiura Hudso'n, ;Cammunity P1,anningP
David Judd, Vancauver-Clark Parks and Recreation (rerired)
Davad 5cott, Development Review Services
Thayer Rorabaugh, Trans~ortatian Services
Tirn ~Ialdernan, Facilitii~s; Risk and Praperty Seruices
Eric Halmes, EconDmic Development
(]ther City Managementl5upporting Staff
3udi Bailey, Offce of Neighloarhootls
Gary Bock, Vancouver Watersheds Council.
Loretta Callahian, Public Works
Rita Davidsan, Water Resources Eclucati4n Center, Public Works
SAMPLE SAMPLE SAMPLE.
- Kymberlee Elliot, Water Resources Education Center, Public Warks
Tamya Gray, 5al.id VVaste Services, Publ.ic Warks
Rich MaConaghy, Environmental Resources, Public Warks
Donna Mason, Nf,edia Services
Tom Nflsack, Finance
Mi.ke- Piper, Sustai:nabr.lity Coordinator
A1i5a Fyszka, Ecanomic• Ueve~oprnenfi
Peggy Sheehan, CDBG, Cammuriity P1an:ning
Ativisorv Services Jil l Sughnie, Sustai,n -NW . '
Active Citszen Contrrbutors ,
Bill Creger, David Evans and Associates, Vancouver . •
Jat`taes Clark, SGA Engineering, Vanco€zver
K:risti Langdan, First lndependent Ba.nk, VanGOUVer ; . . . _ .
Mary Mattix, Port of Vancouver, Vancouver ' .
Lorsa ReriGk, 1'ost (irub Ha91 Architectuce; Vancouver Bi.ll Turlay, citizen, Vancouver ' ' . .
_ I.
~
i
i
i I
43
- ClTY C3F SPC3KANE VALLEV
Request fvr Council Ac#iQn
Meeting Date: ,9une 9, 2409 City Nianager 5ign-off:
Item: Check a11 that apply: ❑ consent ❑ old busirress 0new business ❑ puh1ic hearing
❑ information 0 admin. report ❑ pending legislation
AGENQA 1TEM TITLE; Cable Franchise Agreerrient
GOVERNING LEGIaLATIVN: Federal Cable Acf of 1984
PREVIOIJS C+DUNCIL ACTIOiV T►4KEN.
Resolution 04-015 regarding cab1e franchise renewal prnceedings and cvntinuation of existing
franchzse agreement.
BAG KG R+D'U N D:
Gable franchises and the franchise renewal process are regulated by the federal government.
The Gable Act of 1984 aNows for bath a formal and informal renewal process.
The Ctity has cornpleted the asGertainment phase and needs assessment of the formal prvicess
wh91e contirruing to negotiate uvith Gomcasf inforrnally.
The attached draft franchise agreement is the result af negatiations hetvueen hoth parties. The
agreement has not yet been reviewed by the Comcast cvrporate office ❑r by the City Caur+eil.
OPTIC3NS: NIA
RECQMMENDEa ►4CTlON ❑R IIAOTION: N1A; Provide feedback to staff.
BUDGET1FINANCIAL IMPpCTS: 5% franchise fees ($900K in 2009 far general fund use),
Reimbursement far capital expenses related to public, educational, and govemmental
programm9ng, $.351subscriberJmonth equal ta appraximate ly $100 K per year.
STAFF CC?NTACT: Margan PCaudelka, Senior Administrative Analyst
A7TAC HME NTS
Comcast Cable Franchise Update Presentation
❑raft Franchise Agreement with Cvmcast
. •,v,ie 'a~ ~ ssr,~;
RR-
i
Cab1~ TV ~ranchise
;
~ Update
~
a
~
Morgan Koudelka Senior Administratiue Analyst
Cary Driskell - Deputy Cily Attgmey June 9, 2009
I~~~-~`~°~s'~."~~~-~~~~ . , e . . . ~~J
~
Cable Fra.nchise Renewal Facts
❑ Council appxaved the continuation of the
current franchise until such time as the new
fxancha.se agreement takes effect ar until such
time as a frarach.ise arenewal is denieci.
o Comcast has invoked the farmal process, but
con.currently negatiates via the infartnai
prQCess.
June 9. 2069 2
1
_ . ~a ~+.~g,~~rx_xr~a~•~~~v..r.~.,s~.+eSVCn~~1d~k~"~ef~~1a`~in `~r'°'~b~a~
~~t~~c~~-~_' n•~ m~~N ~
~
Wha.t Can th~ ~ity Reg1~late?
❑ Signal qual:ity.
ci Customer service staandards.
* Standartls for use of public rig`it-af-way.
❑ Agreed-upan or voluntarily contracted fox broad
categories af video prQgramrning.
❑ $uild-vut requirements.
❑ Funding for PEG (kocal) pragrarnming.
❑ Qther negotiated terms of the franchise agreement.
.~e a, zoas 3
~.ct_: ~~`~~crxx~s~. ~ ~'~',~~~'~.'~;•r~~~
- rtFranchi.se Process
o Aseertaxnment Phase
■ Past Performance Evaluatian (e.g. technical.
review)
* Future Community Needs Assessrnent
❑ Request for Prapasal- (F'ormal)
• NegotiatiQns
Jurte 9, 2609 4
2
~
Ascer~~inmen$ PhaSe
❑ ~urvey
* Canducted lay Glearwater Research out of Boise, I.D.
* Past perFarcnance evaluation anei assessment aF'futu.re community
needs.
p Technical ReView
e Conducted by Calurnbia Telecammunicatsons Corp. ou# of Calumbia,
1VII].
❑ Safexv Insnectian of f?hvsical PlanY
❑ Testin2 of C3ble'Plant and PEG Orieination Links
d Analvsis of 5vstem's tlbilitv s'o O£fer tldvanced Services,
' o F.ualuation and Review of bneeacor Evaluative Data
❑ Comnrehensive Reanrt
❑ Publ1G FIec'kr1T1g
3une 9, 2'ooe 5
~~~ofida:t1+QnS
o City staff has and representatives of Camcast.
have tentatxvely agreed to a draft franchise
agreement.
Jurw 9, 7Ak79 8
~
1~~•~'~ -~*sn^ _x;~e-.,~:.. _,F-y.s„i.~ - ~
_ _ " as~°s[e^~n
Draft Agreement - Major Items
o Length of li3 years euith an qpt-qut at 5 yc~rs should a state or federal franchise be
availahle.
❑ Qvarterly franchise fee payments of 5% of geoss reuenuc (for general fund vse),
❑ Campetitive equih, language that ensures lgvel playing fi eld fvr all ca61e
operators.
❑ Comcast will rnainYain a high-quality, FCC compliant cable system.
ia Required build-out to areas with urban densities.
o Ncr-charge ca6le drnp s to al! gnvernment builtiings {city, fire, police, librar_y,
schools}.
ca 5ix public; edueational, and gov ernmetltal channels (I'EC'i), including ane
dediCaked City of Spokane Valley channel iFdesired.
❑ PEG capital funding of $.35 per month per subscriber, with $150,000 up front.
o Custvmer sesvice standards
❑ +Comcast has volunteered tv extend their pre-ex'ssting senior and disahled discount
throughout khe life crf the franchise agreetnenk.
June9. 2409 y
~
NeYt S$ep5
aCouncil provides feedback on draft agreement
o Draft a.greement reviewed by Camcast
corporate affice
Ei Com.cast submits prQpased draft agreement
❑ City conducts pub1ic heaxing
• Council decides whether to accept Qx deny
Comcast's propased ftanchise agreement.
Junp g, ap09 8
Citvf+Cnmcast Revised dlrafl-- Iyate: 514109
C1TY C1F SPOKANE VA~LL,EY
SFUKANE CClLNT1Y, 'VVASBEINGT[}N
ORDZNANCE N[3. 09-
edlN 'U' RJJFNAN'LE '~F T.HE CIT~ OF SP'Qilaal.N.G N ALLEYy SPL/KANE CV LJ.NT:i S
WASHlNGTC?iV, GRANTING A NON-EXCLLTSIVE FRANCHCSE TQ COMCAST CQF
PENTTSYL'VANLA1WASHINGTONIVL'ES'Y' VIRGINIA,LP, TCD COI'dS'TRUCT, NiAINTAiLN AND
OFERA,TE C~RTAIN FACTT.jITTlES WIT,H1N 3'ILE PT1l3LTC RiGHTS-C7F'-WAiY AND FTJSLTC
PRaPERZ'~S O,F THE CITY OF SPOKANE VALLEY.
WI-IEREAS, RCW 35A,47.040 autharizes fhe City to grant, permit, and regulate non-exclusive
fran,chises fpr the use of public sireets, bridges or other public vvays, struetures Qr places above or below
the surfacg of the g;round far railraads and ather rautes and Faci.lities ,for public conveyancas, for poles,
conduits, hinnels, tawers and structures, pipes and wires and appurtenances thereof for iransmission and
d:istribution of electrical energy, signals and ather methads of comrnu.nicatian, for gas, steam and l.iquid
fuels, for u+ater, sewer and ather pri,ti=ate and publicly orvned and operated facilities for public seavice; and
INHEREAS, fhe gra.nt of such non-excl,usive franchises requires fhe approvin,g vote of at least a.
majority of the entire City Couficil and pubfication at least Qnce in a newspaper of gen,eral circulation in.
the City; and
WI-JEREAS, the Council fi:nds that the gra:nt of the Franchise contai.ned i:n fhis Ordinance, subject
ta its terms and conditions, is in the best interesCs of the publ:ic.
WHEREAS, i:n accordance wifih Section 626 af the Cable Communications Falicy Act aF 1984,
~'iran!tee kias requested renewal of its Cable Cotnmun.ications ,Franchise Agreement, and a£ter negatiatians
wifih Granree, the +City has determ:in,eii t1iat it is in tiia best interest af the City and its residents tv renew
the Franchise Agreement wit.h Gra:ntee; and,
NVHER-EAS, the City has, fol,lowing required and reasanabie notice, Gonducted a full publie
hearing, affording all persons cancenied wi,th the aizalysis and consideration of the technical ability,
fnancial condat:ion, legal qualif cations and general eharacter of the Grantee; and,
WHEREAS, the Ci;ty, after such consideration, analysis and deliberation, has approved and fourrd
sufficient the tech:niCal ability; finaneiaT condition, legal qual:ificatian and character af the Grantee; a;nd,
WT3EREAS, the Gity has asso cansidererl and anaLyzed the pla:ns of the Grantee for the cQntinued.
operation of aCab1e System and found the same to be adequate and #'easible in view af the needs and
requirernents of the City; and,
G'VFEREAS; the City has determinetl that it is in the hest interests of and cansistenf with the
hsalth, safety and welfare of the citizen,s of the Cifiy to renew the Franch:ise Agreement to the Grantee to
operate a Cable System within the confi:nes of the City and an the #erms and conditions hereinafter set
forth; acid,
4VHEREAS, the Grantee has agreed to be bound by the conditions hereinafter set forih
NaW; THEREFORE, the City Cou.ncal of fihe City of 5pokane ValYey, Spokane Caunty,
Wash:ingtan, daes ordain as follows:
Oydinance 09- T7raft Cable ,Franchise }?age l vf 28
Section 1. I)efinitiQns. For the purpase of this Qrdinance, the fol➢awing words and ternas '
shall have the rsaeaning set forth belaw:
"Basic Cable Service" shall rMean any Service Tier which includes the lawful retransmission rf local.
televisiQn braadcast signals and any public, educational, and governrnental access programming
required by this Franchise Agreement to be carried on the basic tier.
"Cable Act" means the Cable Communications PaliGy Act of 1984, as amended by the Cable Television
Consumer Protection and Campetition Act of 1992, and the Telecammuni,catirsns Act of 1996; and any
amendments thereta.
"Cab1e Advisory Bdard" shail mean aCity or regional Cable Advisory Board as e5tablished by
ordinance or i:nterlncal agreement.
"Cab1e Service" or "Serviee" shall mean (A) the one-rvay Cransmission fia Subscribers of (i) Videra
Programming or {ii} ather Progxamm:ing Service, and (B) 5ubscriber interactivn, if any, which is
requirecl for the selectiqn or use of such Video Prograrnming or Other Programming Service.
"Cable System" or "5ystern" shall ,mean a Faci:lity, cons'rsting of a set crf clased transmission paths
and assaciated signal generation, receptian, and control equipment that is designed to pravide Cab1e
Service which includes Videa Frogramming and which is provided #a multiple Subscribers within a.
community, but such term shall not in,Glude:
afacility that serves only ta retransmit the television s,'rgnals of one (Y) or more teleVisi4n
broadcast sdatians; 1
(2) a faciliiy that serG=es only SLibscribers withaut using any ;Public Rig,ht of Way;
(3) a faciliiy of a common carrier tivhich is subject, in whole or in part, Co the provisians of 47
U.S.C. § 201 et seq., except that such facility shall be considered aCable System (other than for
purposes of 47 U.S.C. § 541(e)) ta the extent such facility is used in the transmission af Videa
Pragramming direct3y to S►xhscribers, unless the extent of such use is solely to praVide interactive
on-demand services;
(4) an apen videv system that camp].ies tivi#h 47 U.S.C. § 573; or
(5) any facilities of any electric utility usecl solely far operating its electric utiliiy system.
For the purpose of this FranGhise, Cable System shall mean the +Grantee's cable ,Facilities servicing
the City.
"Channel" shali mean a portion af the electromagnetic £requency spectrurn which is used in a cable
system and which is capable of a televisian Chan:nel, as television Chan:nel, is defined by the FGC.
"City" means the City of Spakane Valley, a Washi.ngton municipal corporation.
"City Manager" means the City Manager or designee.
"Cvmplaint" shall mean a Subscriber contact with the Grantee to express a grievance or
dissatisfaction concerning Cable Serraice. Complaints do not i:nclude matters not within the scope of _Qrdinance 09- T]raft Cable Fran chise Pags 2 v£28
this Franchise Agraement. A Cflmplaint may be verbal car in writing but need not include i:nztial.
cantacts «ihere a:n issLie is prcamptly resolved to fhe Subscreber's satisfaGtion.
°'Constructian" ar "Gonstruct" shall mea.n digging, excaVating, laying, extending, upgi'ading,
remOVing, and replacing Qf Facility.
"FGC" shall mean the Federal Communications Com:missian or any legally app[sinted or designated
agent vr siiGCessar.
"Facilkty" or "Facilities" means ail of the plant, equipment, fixtures, appurtenances, and other related
prnperty raecessary to furnish and deliver cable televisiorl services, includ:ing but not lim:ited tm tivires,
cables, cQnductflrs, ducts, condu:sts, vaults, manllales, peiies#aFs, arnpYifiers, appliances, and atiachments,
neGessary or fncidental to the distribution and use of cable television services.
"Fran,chise" shall mean the nonexclusive right and autharity ta CQnstruct, Mainkai:n, and operate a
Cable System through use of ,Public Riglits of Way in the C':ty pursuant ta a ccantrachaal aggeement.
approVed by the City Council and executed by the City and the Grantee.
"Franchise Area" shall mean the entire geagraphic area within the City as it is notiv eQnstituted nr may
in the future be constituted.
"Grantee" Com,cast of Pennsylvania/WashingtanlWest Virginia, LT', i,nGluding any lawfiil successor,
trailsferee, or assignee Df fhe nriginal Carantee.
"~'iross Revenues" means all revenue de-rived di.rectly ar i:ndirectly by the Graa3tae, or by Grantee's
,4ffiliates, froan the Qperation Qf Grantee's Cable System to provide Cable Services in the Franchise
Area. Gross Revenues include, b~~ e~=ay of illustration and nofi limitaiic~n, nianthly fees charged.
S~ubscribers for Cable Setvaces including Hasic 5erv,ice and al:i 4fiher Tiers of Cable Service; 1?ay-Per-
Vierv Service; Cab1e Service iiistallatian, ciisGanneckion, change-in-senaiee and recorutection fees,
Leased Access Ghannel fees, late fees, paeme-nts received hy the Gr,antee from programmers for
ca.rriage of Cable Services on the Cable System and recognized as revenue under genera:Ily aceepted
accounting principles ("GAAF"); revenues from rentals of Cable Systern equipment such as
converters; advertising revenues (i:nGludino lQCaI, regional, and a pro rata share of national advertising
carrietl ora the Cable 5ystean in the Franch:ise Area) net of commissians due to advertising agenGies
thai arrange ftir the advertas,ing buy and as recognixed as revenue under GAAP; additianal ❑ut'let fees,
Franchise Fees, and revenues fresm ltome shapping Channels, Gross ReVenues shafl ,nvt inclucle {i}
Bad ;I7ebt, provided, h. Qwever, that ail or part of a.r1y such Bad Debt ihat is ro=ritten off but
su6sequently colleceed shall be includad in Caross Tievenues in tlae periad collected; (ii) any Capital
Contribulion referenced in subsections S 3.$; (iii) any payments by the City ta Grantee for 1'-Net
rriaintenanGe or expansion; or (iv) ariy taxes an services furnished by the Graritee which are im;posed.
directl,y on uy Subscriber Qr usee by tlie State, Ciiy ar ofher govern:mental unifi and which are
collected by the ~'rrantee on behalf pf said gavernmental unit. The F'ranchise Fees are not such a tax
and are tlierefare included in Gross Revenues.
"Lackout Device" shall mean an aptiona3 rnechanicaY or electrical accessory tcr a Subscriber's
terminal wh:ich inhibits the tiriewing of a certain program, certain Channel, or certai.n Channels
provided by way af the Cable System.
, "Maintenanee or Maintain" shail mean repair, restarafiion, replacement, arenovation and testing of khe
Cable Systertz or cornponents thereaf so as to ensure that it operates in a safe and reliable manner and
as required by this Franchise.
Clydinanee 09• L7ra'ft Cable FranGhise Page 3 of 28
"Non-coindn,ercial" shall mean, in the cvntext of PEG Channels, that praducts and services are no#
sold via the PEG Channel. The term will nat be interpreted ta proh:ibifi an PEG Channel aperator or
pragram.mer fxnm independently (i.e. nat in the context of any televised program:ming) scaliciting and
receiving financial suppart to produce and transmit Videv Prragramming on an PEG Channel, or frarn
aekn. awledging a corttribution, in the manner of the corporation for publ:ic braadcasting, A.n PEG
Channel operatar or prograanmer may cablecasfi informational programming regarding City events,
projects and attractions of interast ta residen-ts sa lang as the farmat far such pragramm. ing is
consisCent wi.th the purpases for which PE+G resnurces tnay be used.
"Normal $usiness Hours" shal] mean thase hours duri:ng w,hich mast sianilar businesses in City are
vpen, ta serve custcamers. I:n all cases, "Normal Business Hours" must include some even.in,g hou:rs, at
least one (l) night pe-r week andior some weekend hours.
"Normal Operating Gonditions" shall mean those Se-rvice conditions which are within the cantrQ1 of
Grantee. Thase conditions which are not within the control vf a Grantee include, but are n4t limited
tfl, natural disasters, civil disturbances, pawer outages; telephone netwvrk outages, and seYexe
weather conditians. Those conditians tivhieh are ardina:rily within the control tif Grantee include, but
are nvt iimitecP to, speeial pramotians, pay-per-view eVents, rate increases, regular peakc or seasonal
demand periads, and Maintenance or upgrade Qf the Cable System.
"PEG" sha14 mean any Charnel set aside f6r pulaliQ use, educatianal use, governmental use wffhaut a
Channel usage charge.
"'Person" sball mean an individual or legal entity, such as a corporation, ar partnership.
"Premium Seavice" sha11 mean pay television offered an a per Channel or per prograrrl basis.
"Public PrQperty" shall mean any real estafe or an}1 faci:lity awned by the City.
"Public Works Director" shall rrrean the Spokane Val:ley Public Works Directar or hisllier designee.
"Right-of=Way" sha11 mean all property, and tlie space abowe and below, sn -Vvhich the City has any
farm ❑f ownership, title, or i:ntexest, including easements and adjacent utility sirips, which is held for
public raadway or dedlicated for campatible utility purposes, regardless af whether or not any
roadway or uthlity exists therean or whether it is used, imprvved 4r maintained for public use.
"Service Tnterruption" shall mean the loss of picture ar sou.nd on one (1) or more Cahle Chazsnels.
. "Service Tier" shall mean a specific set of Cable Services which are made available as, and on:ly as, a
group gor purchase by SubsGribers at a separate rate for the group.
"Standard installation" sha11 mean thase that are located up ta one hundred twenty-fiue (125) feet
frorn che existing distrihutian System. Grantee shall cazxxply tiVith applicable FCC regulations
regardi.ng comme-rcial in,stallatians as may now or hereafter arise.
"5ubscriber" shall mean any Persmn wha Iawfully receives Cable Service via the System,
"Video Pragarxming" shall mean programming pravided by, or general.ly cansidered comparable to programming provided by, a television braadcast statian.
(]rdinance 09- Draft Cable Franchise Page 4 vf 28
Section 2. Grant of Franohise. The Ciiyy hereby grants unto the Crantee, a nonexClusive I°ranchise authorizi:n,g the Grantee to ConstruGt, Maintain and operate a Cable System in the Righi-QF Way
scach Facil:ities antl ather related propert), Qr equipmenk as may be necessary ar appurtenanfi for the
depl4yrnent af Cab1e Smiees over the {Cable Systeri in the Ciry pursumlt to th.is Franch.ise and accordi.ng
tQ the Cable Act. The term o.#'this Franch.ise and al.l its rmghts, privileges, ob]'sgati4ns and rest-ickions sha11 be
ten (10) years from the effective date. I-Iowever, upon the fift-i }fear anniversary date of the Francliise term,
the Grantee has the aption to proyide written natice ta the City optin,e; aut of the cetnaini:ng five (S) years
given a chancre in federap 6r State 1aGV -vv,hich negat:iveyy impacts the City's ability to regulate this Franchise.
7`o exercise the optian, the Grantse sha11 give the City such written notice at least six (6) montlas prior to the
ifth year anniversary claie af the FranGhise tenm.
Section 3. Non-Exclusivitv. The grant of authtarity for use 4f the City's Righta-of `4Vay is not
exclusivee and does n. ot establash priority for use over other Ganctaise hcalders, permit holders and fhe City's
own use of PLiblic Property. Nothing in th.is Franch:ise agreement shal:l affeGt the right of the City tfl grant to
any c+ther Person a simi.lar franchise or right ta occupy and use the Rights-of Way Qr any part fhereaf
Cl,PEN: Sath pa:rties reviewing propased revision and inove ,froni RC7W sectian to new lacaticsn after the
graiafi.
Section 4. Fee.
1. 'ErorTa and after the effective tiate of this Franchise Agreement and thraughout the full term of
this Franchise AgreemenC, the Grantee slialR pay to the City five percexit (5%) of its anrpual ..~'xrpss
ReVenues in the City, pursuant to 47U.S.C. § 542, PaymenY shall be due na later ihan 30 davs from the
~d4~y#e-e~af each calendar q,uarter. after which interest shsll accrue at the rate of 1°Ia ver month.: In.
the e-vent all or a nortion ofthe fra:nchise fee has not been naici Evithi.n 45 davs of the erad af each cale«dar
auarter. a nenaliv in the arnount of 10°,Ia of the delinaazent ainaunt shall be added ta the outstanciing
amount. Alti franchise fees. inkerest and nen~alties shall consfitute a debt of the Citv and rnati+ be collecfed.
bv anv means alloEUed under the 9aw.
2. No acceptance by the City 4f any payment from Grantee shall be eoaastrued as an accord that
the amount paid is in £aCt the carrect amount, iior slzall such acceptance of payment be aanstrued as a
release o,f any claim the City may ]zave far furkher ar additional stLms payable under the pravisions of th.is
Franchise Agreement. All arnounfis paid shal:l be subject to auditing and recompLitation hy the City.
3. Grantee acknawledges a:nd agrees xhat the franchise fees payatale by Graniee to City pursua:nt
to ttlis ,F'eancilise Agreement as well as capitaf supparfi provadeci 'by Grantee for PEG eq;uipment and
fac.ilities are authorized uaader the ,Federal Cahle Act and skiali nflt be deemed to be 'en the nature o,f a
federal, state or fQCaI tax.
4. Fra.nchise Fees Subject to Au~dit. Upan reasonable prior written notice, during Normal.
Stiisiness Hours, at the Grantee's pri:ncipal busimess nffice in the City, the City sliall have the right ta
inspect the Grantee's ,fanancial records useti to ca.lculafie the Cit)r's franchise fees. The City shal:l provide
to the Grantee afina:l report setti.ng forth the Cety's findings i:n defiail, b.ncluding any and all substa.ntiati:ng
docurne.ntatian. In the event of an alleged undenpayment, the Grrantee shall have thirty (30) days from the
recerpt af the rep6rt to pravide the City wifh a tivritten respQnse agreeing to or reFuti:ng the results of the
audit, incYuding any substantiating documentation. Gra:ntee shall reuiew and the City slia11 be enfiitled to
revie«° Grantee's historical financial records used ta calculate the Ciiy's franchise fees consistent with the
Gurrently appl.icable state statute of Iimitatians.
5. Failure ta cnmply with th.is section shall constitute a rnaferial breach of the Franchise
Agreernent gursuant to 5ectian 40.
Qrdinance 09- DraEi: Cable'Pranc:hise Psge 5 af 28
Sectibn 5. Competitive Eauitv.
i. The City reserves the right to grand one or ,mpre additional franchises. The Ciiy sfiall.
amend this franchise, as requested by the Crrantee, if it grants additional Cable Service franchises or
simi:lar rnultiple channels of Video Yragramm:ing auth. orizations that cQntain rnateeial terms or condit:ions
wh. ich are substantia,lly more favorable or less burdensame to the campetitive enttity than the material.
tertns a:nd eonditions herein. A word far word identical franch.ise or aufhorization fbr a cQmpetitive entity
is not xequi;red sa l❑ng as the regulatory and fiuancial bu:rdens on each entity are generally equivaient
taking into aacQUnt any di;fference in the number of subscribers served, the num}aer of gEG channels and
aggregate suppart provided, the level ❑f fees and taxes impased, the term of the franchise, and all other
ci:rcumstances aFfecting the relative burdens.
2. Natwithstandang arhy pravisdon to the contrary, at any time privr to the ccammenGement of the
Grantee's th:irty-six (36) month renewa1 windaw pravided by Sectivn 626 ❑f the Cable Act; that a non-
wireless facilities based entityT, legally authorized by state or £ederal 1aw, makes available for purchase by
Subscribers or customers, Cable ierWicas or multiple chan:nels of Video Programmi:ng withi:n, the-
Franchise Area withoLit a franchise or other similar lawful authorizat:ian granted by the City, thers the
~',rantee sha13 tiaue a right to request Franchise ameasdments that re1 ieVe the Grantee of regulatory burdens
that create a competitive disadvantage to the franchisee. In reguesting amendments, the Grantee shal:l file
a pefiition seeking to arnend the fra:nGhise. Such petition sha:11: (1) i.ndicate fhe presence of such wi.rel'rne
cmrnpe#itor; and (2) ident:ify a11 material terms or candi€ians which a:re substantially more favorable ar less
bu:rdensome to the com,petitive entity. The Cifi}r sha.31 act on the petition tivithi.n 120 days.
3. Tn fihe event an applicatiQn far a new cable televisian franch:ise is fi:led with khe City
proppsing to serve the franchise area, in whole or in part, the City shall natify the Grantee.
Section 6. Previous I"tip-hts Aba:ndoned. This FranGhise Agreement is i.n lieu of any an. d all ~
Qther contractual righ!ts, privileges, povvers, immunities, and authorifis,es owned, possessed, controlleci, or -
exercisable by GranCee or any successor pertain.ing to the Construct.ian, operation, rrtodifcation or
Ma:infienance of a Cable Systerr4 in the City. 7`iie aeceptance 4f this Franchise Agreement shall aperate as
between Gra:ntee and the City as a:n aba:ncianment af any and aTl suc'h contractual rights, privileges,
powers, itnmunities, and authorities within the City. All Construction, operation, modi,fcation, and
Maintenance by the Grantee of any Cab1e System in the Ciiy to peouide Calale Service shall be under this
Ft'anchise agmer+?ent and nat u:nder any other Gontractual right, privilege, pawer, irnmunaty, or authority.
5ection 7. Time Is C3f The .FssenGe Ta This A.areement. 11lheneWer th. is Franch:ise
flgreemenfi shall set farth any t9me ,far an act to be perfarrned by or on behalf of the Grantee, such ti;me
shall be deemed of the essence. Any failu:re of the Cirantee to perfarm w+ith:in the t'sme al;i'atted s11a1:l.
always be sufficient grounds for the City to i.nVake any approp,riate retnedy, including, withoui limitation,
terminat3a.n af th:is Franchise Agreement.
Section 8. Ta7ces. As is cpnsistent with appl:icable law, nath.ing contained i:n this Franch:ise
Agreement shal:l be construed to excepfi the Grarifiee from any applicalale taxs 1.iabi.14 or assessment
authvrized by 1avv.
5ection 9. Cable Svstersa Sneeifications.
1. Prior Cti th,e effeetive clate of this Franchise Agreement, the Grantee completed a voluntary
upgrade vf its Cable 5ystern. Concurrently, the Grantee niodified its Cable System to a hybrid fi}aer
coaxial, fiber-to-the-nqde 5ystem arch:'stecture, with fber-optic cable deplDyed ,from the headend to the ;
node and coaxial cab3e dep9oyed frvm the node to 5ubsGribers' hames, Active and passive deVices are
capab]e of passi.ng am.inimutn of 750 NTHz and capable af delivering high-gual.aty analog or tiigita,l v,ideo
signals meeting, or exceeding FCC techn:ical quaiity standaetis. Cable Systern nvdes are designeci far
Drdinance 09- DrafT Cab1e franchise F?age 6 af 2&
fuhue segmentation as necessary to maximize shared bandwidth. During the term of this Franchise
Agreement, the Grantee agrees to Maintain the Cable System in a manner consistent with. these
specifications or better.
2. The Grantee shall comply with all applicable technical standards of the FCC as published in
subpart K of 47 C.F.R. § 76. To the extent those standards are altered, modified, or amended during the
term of this Franchise Agreement, the Grantee shall comply with such altered, modified or amended
standards within a reasonable period after such standards become effective. The City shall have, upon
written request, the right to review tests and records required to be performed pursuant to the FCC's rules.
3. In accordance with applicable law, the City shall have the right to regulate and inspect the
Construction, operation and Maintenance of the Cable System in the public Rights-of-Way. Upon
reasonable prior written notice and in the presence of the Grantee's employee, the City may review the
Cable System's technical pe.rformance as necessary to monitor the Grantee's compliance with the
provisions of this Franchise Agreement. All equipment testi.ng under a technical performance review
shall be conducted by the Grantee.
Section 10. Cable Service.
1. Subject to the density considerations listed below, except in areas reserved for public travel or
utility access not yet opened and accepted by the City as public Right-of-Way that the Grantee is
specifically and lawfully prohibited from deploying its Cable System by the owner/developer, the Grantee
shall provide Cable Service throughout the entire City. Areas subsequently annexed shall be provided
with Cable Service within hvelve (12) months of the time of annexation.
2. Access to Cable Service shall not be den.ied to any group of potential cable subscribers
because of the income of the potential cable subscribers or the area in which such group resides. All
residents requesting Cable Sen~ice and living within a Standard Installation of one hundred twenty-five
(125) feet shall have the cable installed at no more than the prevailing published installation rate. In the
event a request is made for Cable Service and the residence is more than a Standard Installation of one
hundred riventy-five (125) feet, such installation shall be completed on a time and material cost basis for
that portion of the service line extending beyond one hundred riventy-five (125) feet.
3. Upon request through the designated City representative, the Grantee shall provide, without
charge and throughout the term of this Franchise Agreement, one outlet, one (1) Converter, if
necessary, and Basic Cable Service and expanded Basic Cable Service (i.e. together the equivalent of
sixty (60) Channels of programming) or the fimire analog or digital equivalent of such Service Tiers
offered by Grantee to the CiTy's administrative buildings as designated by the City, fire station(s), police
station(s), libraries and state accredited K-12 public and private school(s).
a. If the drop line to such building exceeds a Standard Installation drop one hundred twenty-five
(125) feet, the Grantee will accommodate the drop up to three hundred (300) feet if the City or
other agency provides the necessary attachment point for aerial service or conduit pathway for
underground service. If the necessary pathway is not provided the City or other agency agrees to
pay the incremental cost of such drop in excess of one hundred twenty-five (125) feet or the
necessary distribution line eYtension of the Cable System, inciuding the cost of such excess labor
and materials. The recipient of the Service will secure any necessary right of entry.
b. The Cable Service will not be used for commercial purposes, and the outlets will not be located
in areas open to the public excepting one (1) outlet to be located in a public lobby of any
government building that will be used by the public for viewing public, governmental, or
educational access Channels. The City will take reasonable precautions to prevent any use of the
Ordinance 09- Draft Cable Franchise Page 7 of 28
Grantee's Cable System in any manner that results in inappropriate use, loss or damage to the
Cable System. Grantee hereby reserves all rights it may have under the law to seek payment from -
City for liability or claims arising out of the provision and use of the Cable Service required by
this section.
c. If additional outlets of Cable Service are provided to such buildings, the building occupant will
pay the usual Installation fees, if any.
4. Grantee shall extend the System to any portion of the City after the date of the Franchise
Agreement, when dwellings can be served by extension of the System past dwellings equivalent to a
density of seven (7) dwellings per one-quarter (1/4) mile of cable contiguous to the System. Grantee may
petition the City for a waiver of this requirement, such waiver to be granted for good cause shown. Such
extension shall be at Grantee's cost. In areas not meeting the requirements of seven (7) or more dwellings
per one-quarter (1/4) mile, for mandatory extension of Service, Grantee shall provide, upon the request of
any potential subscribers desiring Service, an estimate of the costs required to extend Service to such
Subscribers. Grantee shall then extend Service upon request and upon payment of an amount equal to the
reasonable value of actual time and materials to be incurred by Grantee for such extension. Any customer
drop not exceeding a Standard Installation drop of one hundred twenty-five (125) feet will be free of
charge to the customer other than normal installation fees. For drops in excess of one hundred riventy-
five (125) feet, Grantee may assess an amount equal to time and materials.
Section 11. Proerammine.
l. All final programming decisions remain the discretion of Grantee in accordance with this
Franchise Agreement, provided that Grantee notifies City and Subscribers in writing thirry (30) days prior
to any Channel additions, deletions, or realignments, and further subject to Grantee's signal carriage
obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further subject to City's rights pursuant
to 47 U.S.C. § 545.
2. Grantee will provide at least the following initial broad categories of programming to the
eatent such categories are reasonably available:
a. Educational programming;
b. News, weather and information;
c. Sports;
d. General entertain.ment including movies;
e. Children, family oriented;
f. Arts, culture and performing arts;
g. Foreign language programming; and
h. Science/documentary.
3. The Grantee shall offer to all Subscribers a diversity of Video Programming services and it
will not eliminate any broad categories of programming without first obtaining the written approval of the
City, such approval not to be unreasonably withheld. -
4. Grantee shall notify in writing the City of its i.ntent to eliminate any broad category of
programming noted in 11.2. The City, or its designee, shall make a determination on such request not
later than sixty (60) days after receipt of the request by Grantee. In the event that the City makes an
adverse determination, such determination shall be in writing, along with a concise statement of the
reasons therefore. In the event the City fails to make a determination within sixty (60) days after receipt
of a request from Grantee, Grantee shall have the right to make the deletion contained in its written
request.
Ordinance 09- Dratl Cable Franchise Page 8 of 28
' Seetion 12. f{ates.
1. Thr4ughout the term oF this Franchise Agceement and upon request by the Ciiy, the Grantee
shall provide an updated rate card t4 the City that details applicable raCes and charges f.or Cab3'e 5eraices
provided under this Franchise Agree-ment. This does not requ:ire the Grantee to f le rates a:nd eharges
under temporary reductions or waivers af rates and charges in conjunction Evith pramotianal caraapaigns.
2. Grantee shall pravide a minimuan of thirty (30) days' written notice ta the City and each
Subscriberbe,fore changi.ng any rares and chaxges.
3. City rriay regulate rates for the prawision of Cable Seryice provided over ihe System in.
accOrdance yvith appl icable federal law, in particular 47 C.F.R. Part 76 subpart N. Iii fhe event the City
ch44ses to regulate rates it shall, in accordance wifih 47 C.F.R. § 76.910, abtain certifaatian from the
FCC, if appl:icable. The City sha1;l ,follaw all applicable FCC rate regulatians and sha11 ensure that
appropriate persannel are in place to admin:isfier sueh regulations. City reserves tihe right to regulate rates
for any future Cabie Seruices to the maxirnum extent a1lawed by law.
Seetion 13. PEG and Lncal Proarammina.
l.. Commencing on the effective date af fhis Franchise Agreetnent, Grantee shall make availabie
one (1) £u1l-ti:me Nan-commercial rnult:i -jurisdictional PEG Channel (the "Gowern:ment Channel") far
futLi:ra activation and joint use by the City, the City of Spokane andlor Spokane County for governmental
access pragramming. The City shall prflvide Gra.nfiee with a minimum of forly-fve (45) days prior
written nofice of an i.nitial meeting to develop an implerrtentation pian for activation ofthe GaVemment
Channel.
2. Grantee has li:'sstorical➢y delivered a11 FEG Channels available an its Cable System ta its
custorrYers i:n the City rvhefher or nat such Chan.nels were directly contralled by the City. Commencing
Qn the effective date aFthis Fran,chise, and throtighaut the terrn of this Franchise, Grantee s!hall deliver
those PEG Channal,s with whom the City has con. tracted for sei-vice, up to a maximum Qf six (6)
Channels. Grantee shal1 c6ntinue to deliver those PEG Charmels sO long as the Cifiy's contraGts are valici
and the PEG Channels have content to dzsixibute. The City shall provide copies bf alt PEG +Channel.
contracts, and contract renewal,s, ta Grantee wtith:in th:irty (30) days of execution.
3. The City ac-knotivledges that Grantee provides additional benefits to PEG probramm:ing needs
beyond the requirement listeei abave. This is accamplished through the inclusion of ather regional 1?EG
programming within the regtanal Channel l.ine-up that seruices the Franch.ise Area. The Grantee will.
endeavor to provide the 5ubscribers in #he Franch.ise A.rea with the other regional FEG Ghan.nels sa long
as tlne PEG prograrntners offer them for use an the Cable System.
4. All FEC'r ChanneYs provided to Subscribers under this ,Franchise shal.l be incl,uded by Grantee
subject to appiicable law. For all PEG Chan,ne]s not u.nder Grantee's control, Grantee shall insure that
there is nv material riegradati,on in the sigrtal that is reaeived by Crra.ntee far distribution by Grantee nyer
fihe Cable System.
5. The City sha11 be respansible for all programm:i.ng requirements for the Government Chara.nel,
incl:uding but not ]imited to schedul.i,ng, playback, tra,in,ing, staffing, copyright clearances, and equiptnent;
maintenance and repair, unless respansibil:ity far administering the Government Channel has been
desipated to a third party, which shall then become responsible for all pragram.m:i:ng requi:rernents under
this sectian.
6. Tiie Grantee shall prov;de the PEG Channels as part ofthe Gable Service provided to any
Subscri;ber, at no additianal charge. If Channels are seleeted th€-ough a menu system, the PEG Ghannels
Ordinance 01- Uraft Ca'ble Franchise Page 9 vf 28
shail be displayed as praminently as cornmercial programming choices offered }ay Grantee. Comcast will ;
use reasanable efforts tv rninimixe the movement of City-designated PEG Channel assignments and maintain
common Channel assignments for compatible PEG programmiaig.
7. At such tgme as the Grantee converts its Sasic Cab1e Service Tier from an analog to a digital
farmat, the City's PEG Channels will be carried on the digital platform and Grantee shall install, at its
sale cost, suCh headend equiprrient to accarnmadate such Channels. Such pEG Cteannels shall be
accessed by Subscribers through use qf standard digital equipment compati;ble with Grantee's Cahle
5ystem.
S. Within ninery (90) days of Grantee's acceptance of the Franchise, Grantee will remit to the
City as a GapFtal cantrlbutian in support of PEG capital requirements: (Y) one hundred fifty thousand
dvllars ($154,000) and (2) an amount equal ta thirty fiue cents ($0.35) per Subscriber per manth to be
paid to the Gity on aquarterly basis fqr the liFe of the Franchise. Grantee will reGoup the anitial one
hundred fifty thousand dollars {$150,000} in an amount equal to twenty five cents ($0.25) per Subscriber
per manth un,til the amount is recovered in full. To be clear, during the recovery period, the Grantee will.
remit to the City an amount equal to ten cents ($0.14) per Subscrikaer per month unt l the recovery of the
initial 1'EG capital contrihution is campleted. After cQmpletion of the initial PECi capital cantribution.
recovery, the Grantee will remit the entire thirty five cents ($4.35) per Subscriber per munth to the City
until the fifth year erf the Franchise. T1pon the fifth year ann.iversary date af the Franchise term, if the
Grantee accepts the full con. ti:i7uation of the ten (10) year fierm, the Grantee wil.l remit to the City, within.
ninery (90) days of the anniversary date, another upfront PEG capital Gontribution payment of one
hundred ~'ifly thousarad dollars {g l 50,0(l0}, which will be recoVereti, recouped, antl remitted to the Gity in.
the same manner as the in.itial F'EG capital canirilauti,on payment.
The Ckty sha11 allocate a.Tl amourrts under this subsectian to PEG capital uses exclusively. Grantee sha11
nvt he responsible for paying the PEG capital contribution with respect ta gatis or bad debt accounts.
Consistent with 47 C.F.R. § 76.922, Grantee may, in its sole discretion, add the cask of the PEG capital
cantribution to the price of Cabl,e 5ervices and to collect the PEG capital conlri,bution from Subscribers.
In addition, consistent with 47 C.F.R. § 76.985, all amounts paid as the PEG capital cantribution may be
separately stated can 5ubscribers' bi11s as a City of Spokane Va11ey PEG capital contrihution. LTpon
Grantee's written requesk and due as ag►-eed uppn by both parties, the City shall prpuide the G'rantee with
dacumentation shcawing expenditures for PEG capital use pf fhe previous fisca] years' ,P,EG capital
contributian and showing the bLidgeted use af the cua-renr year's PEG fund:ing. Tn the event the City
Gannot demonstrate that PEG capital funding was used or budgeted f❑r PEG capital needs, Grantee's PECC
funding crbl:igations gaing forward shall be reduced by an equivalent amo«nt.
9. Wifhin ninety (90) days of request, the Grantee shali provide an esti:mate of costs associated
with the construction and activation of one retum path capable of transmitti;ng Video Prvgra:mming ta
enable the d:istribution of the City's speoific governme.nt access programm.ing ta Subscribers vn the mu]ti-
jurisdictiQnal PEG Channe,l. The return line shall run fram a 1acatiQn to be de#ermi.ned by the City to the
Grantee's Facilities. Withi:n two hundred seventy {270} days af the City's directive, the Graintee shall
Cqnstruct and activate a return l:ine i.n accordance with the cost estimate previously provided. The City
agrees to pay the costs of the return line within sixty (60) days Qf Canstruction l act'rvatian and receipt Qf
an invoice frarn the Grantee.
Seetion 14. Institutional Network Cannections. Upon request af the City, the Grantee shall.
investigate and prnvide the City a plan with a cost estimate based on eifher a xnanaged netwark or the
most cost efficient cannection utilizang current technology to accammodate the City's reasonable
broadband cagacity needs far a nan-commercial cannection between the Caty's facilities. k'or the
purpases of this section, n. vn-camrnercial means priuate network cammuniGatians from and arnang the
Qrdinarsce 09- rJraft Cnble Franchise Page 10 of 28
City and other ptiblie agencies and excludes leasing ar resel.lin,g the br6adband capacity to a third party
for arsy pu:rpose. A'Fter receiving a reque5t ,fram the City, Grantee sha.Il prvuide the Ciiy a pla:n, includi:ng
an estimate o,f the Canstruct's,qn casts, with:in ninety (90) days. The cost esiimate sha1:I include the fully
allocated ConstrLacfiion cost ,fram the nearest Grantee identified fiber access location ta the requested.
sitc(s), including, but not li,mited to, site construction, iFiber, labar, rraaterials and Grantee prouided
equipment. The. City shall pay aIl of Grantee's desigm engi:neering casts assoGiated wifib deVebppment of
the requested plan and cost esti:mate(s), if the City does not accepted the plan far Construction. To
apProve the Gra:ntee ta perform the work, the City shall provide the Grantee with written authari2ation to
complete the connectivity Canstruction a.nd a purchase order in the amount of the cost estimate. Any
cQnnectivity Cvnstruction shall be perforn?ed and completed within si.x (6) months after the City
authorizes the work be performed, unless the parties agree i:n writi:ng ta a different campletion date prior
to cvrnrnencement of the vvork in arder to accom:madate specia:l considerat:rons of the City.
Section 15. Parenfial Cantrol.
1. CCranteE shall provide Subscriber controll,ed Lockaut l7ewices (aUdia and visual) at a.
reasonable charge ta 5ubscribers upon the.ir request.
2. As tca any program wtaich is transrn:itted on aChannel afferad on a per Chan. ne1 ar per program
basis, Grantee sha11 b;lock entirely the audio and videa partion of such pr4gra:m frcrrn reception by any
Subscri:ber Nvho so requests. 5cram}al:yng of the sibnal shal:l not be suff c'serst tq comply wifh t.his
prauision.
Section 16. Rec4vm, oF Cmsts. Grantee sha1l reirnburse the City far all cosis af one publ:icatic+n,
of this Franch,ise i.n a local newspaper, and requi.red legal notices prior to aray public hearing regard:i:ng th:is
Fs aiic-hise, contennporaneaus with its acceptaeice flf th:is Franchise.
5ectian 17. Least Tnteerferenee. The City sha1.1 have prior anci superior rig,ht to the use o,f ,ifis
Rights-of-Way for i:nstallatian and maintenance o,f its faci:l.ities and dther governmental ptirgoses. Waxk
by Grantee in the ,Ft:ight-of-Way shal,l be dane in a rnanner that causes the least i:nterference with the r4ghts
and reasonable cvnven.ience of property owners and residents. The awners of all facilities, ptsb]ic or
privafie, i.nstalled in ❑r pn such pLiblic praperties prior fio the installation of the Facilit,ies of the Grantee,
shall haG=e preference as tQ the positioni.ng and location of such, uYilities with ,respect to the Grantee. Such
preference shall c:onfiinue in the erlent of the neGessit), of celacatiaig ar ehangi:ng the grade oF any such.
Riphk-cf-Way. C]isputes bet~veen the Grantee and other parties o-ver the wse, pursuant to th:is Fran. chise
agreement, af the Rag,hts-of-Way sha1B tae subrnitted to the City for recamrnancied resalutian.
This Franch.ise shall, in no way, Prevent or proh:i;bit the City fram tising a:ny of ifis Rights-caf Way,
or affect its jur,isdiction aver them or a.ny part of khein. 7jhe Cily herehy retains its fuil poliGe power to
make ayl changes, reivcations, repairs, snai:nYenance, estabiis9iments, imprvvements, dedicati4ns or
vacatian af same; including the dedicativn, establishment, mainte-nance, and 'smprouement of al:l new
R:ights-af G`Vay.
Sectian 18, Construction Standards. All wQrk authoti.aed ancl required hereuncier shal:l comply
with all general;ly applicabla City cades and ,reg,ulations. Grantee sha.ll alsa cflmply `vith all appl.icaible federal
and staCe regulations, 1aws and practices. Grantee is responsible fox the supervisiQn, eondi,tion, and quality
af the work dane, whether it is by itsel:f or by cantractors, assigns ar agencies.
Secrian 19. Ftestaratian .4fter Construetion. If i:n connection s-dfh the Cernstruction, operation,
MainYenance, upgr'ade, repair ar replacement of the Cable System, the Grantee disfiurbs, alte-rs, or dartrages
_ any public 6r privaCe property, the C7rantee agrees fhat it shall at its own cost and expense pay f4r anY damage
anii replaee and restore any such property to a condition reasonably camparable ta the conditiota existing
Drdinance 09- Draft Cab1e Franchise F'age 11 vf 28 '
rior to the disturbance. 17yhenever Grantee di,st~i.rbs or dama es an Right-of-Way ar vther
i:mmediately p g y f
F'ublic Pr9perty, Grantee shali complete the restoration, work within a reasanable time as authorixed by the
City's Puiolic Works I)irector.
Section 20. C)bstructiQn Pe-rmits Reauired. Grantes shal.l apply for and obfiain appropriate
abstruction permits frorrs the City pursuant ta the Spokane Val.ley Mun.scipal Cocie. Grantee shall pay all
generally applicable perm:it ,fees for the requgsite City pennits arrd reimburse the Cnty for all gen.erally
applicahle fees i:ncu:tred by the City in the examination, inspeGtion, and approval of Grantee's wark.
Section 21. Emerizencv Resnonse. The Grantee shal.l maintai:n with the Ciiy an ernergency
respanse num}aer prp~idi:ng an emergency 24-hour respanse for the City to use ,an case 4f an emergenay.
A.fter bei.ng notified of an emergeney, Grantee shall cooperate with the Cityj and make every effart to
immediately respnnd with acfiion 4o aid the prntection tihe healkh and safety of the pulalic.
Section 22. Hazardous Substanees. Caa-antee shall comply with all applicable state and federab.
laws cnncerni.ng haxardous substarices relating ta Grantee's ,Facil:ities in the Right-of Way.
5ectian 23. Enviranmental. Grantee shall comply with all applicab,le stafie and federal laws
concerni:ng environrzaental protection relating fio Grantee's Facilitie,s nn the R:ight-of VVay.
Sectfon 24. Mnvement and Relocation of F'aci.lities. The foYlowing shall apply when it is
necessary fio relacate Grantee's Faci:Lities:
1. ReYacation of Facilities at Yhe request of a thi;rd party.
a. Ifi an. y rernoual, replacement, modifcation or d:lsccsnnectian of the Cable 5ystem is requi:red to -
accommQCiate thte aonstruction, aperation or repair of the facilit:ies or equipment of anot,her City
franchase h,older(s), Grantee shall, after at least thi.rty (30) days advance written notice1 take
act:ian to efFect the necessary changes requested by the respansibie entity, as lmng as xTne ether
franclaise hvlder(s) pay for f1Te Cirarttee's tirne and material costs assaciated with the project and.
Grantee is issued a perm'st far such work by ihe City.
b. The Grantee sliall, upon reasonab1e priQr Nwrrttan request of any Subscri1her, relacate its aerial.
distribution cable Facilities underground, as lang as the Subscriber pays far tihe Grantee's time
and mafieriai costs assaciated with the gro,yect and Grantee is issued apermit far such wark by the
city.
c. In the event an underg,round Gonversion of cable Faci4ities is required as part of the street
improWement condit,io_n(s) of a new Iand use derrelopment, n6t assaciated with, aCity designated.
capital imprQVement prnject, this Franchise sha1:1 in ,n❑ kvay li.mit the Grantee's right to bi11 and.
colleGt in advance aI1 time and material aosts associated wifh the underground conversinn of the
Gable System from the Person, respvnsible far fhe project.
d. At the request of any Person h.ra,lding avalid permit and upon reasQnable advance natice and
payment by the permit halder of Grantee's expenses of such temporary change, Grantee shal,]
temporaril,y raise, Yower ar remove its F"acilities as necessaiy to acc❑m.madate a pe,rmittee of the
City.
2. Re1ocatann at Request of the City.
❑rdinance 09- Draft Cable Franchise Page 12 of 28
a. LTpvn at least sixty (CO) days priar written n4tice Yo Grantea, the City shall have the righi to
require Grantee tQ relocate any part ofi the Cable Systern within the Rights-of-Way wlaen the
safeCy, health Qr welt'are af the public requires such chatige, anci the expense thereeaf sha.Il be pai,d
by Cirantee. The City may, at its optian, pravide mare than sixty (fi{}) days natice. After receipt
of such natice, Grantee sha1:1 camplete relacation af its Facilities at least ,fve (5) days prior to
commencement af the praject ar an ageed upvn date by bath parties. ShauTd Grantee £ail to
rernove or reloaate any such Facil:ities by the date establ:ished by the Ciry, the Ciry may e,ff`ect
such remaval or relacatiQn, and the expense thereaf shall be pa:id by Grantee, i:nclYiding al1 casts
and expenses inctirred hy the Cit}+ due to f.arantee's delay. T.f the City requires Grantee to relcacate
its Facil:ities located within the Rights-of Way, the City shall make a reasonable effort to provide
Grantee with an alternate location wifih.irh the ,Right-of Way. if public funds are available ta any
Person using such Rights-af Way for the purpase af defrayi.ng the cast of any of the foregQing,
the Grantee may make applicatgan for suGh funds.
b. In the case of relocatian prajects where the conversi4n of 6verhead Litilities is within a City
capital improvement project, then the Gxantee shall participate in the joinfi trenchi:ng portion of
the projeet, and Grantee sha11 pay to the City G,ra.nkee's parti,on caf the traff'ic con. trol and french
costs, including excavation and nther associated casis, trench bedding, and backfill c4m:mensurate
with Grantee"'s proportianatee share aftrench usage. H9wever, ifbids frvm the City ar it''s
designated Gontractor for placement of Grantee's eanduits and vaultslpedestals in the supplied.
jaint trench, in the reasonable esti:mation of the Grantee are not aGCeptable, the Grantee shall have
the option to util.ize contractor(s) of its choice to complete the raquired work, so long as use by
Grantee of its cantractor(s) daes not delay the City p,ra}ect. The City ar it's designated contractor
sliall caordinate with the Grantee's cantractnr(s) to provide reasanable natice and ti:me to
cgniplete the placerncnt of the Grantee's k'acilities in the suppliEd jaint trench.
c. Nofhing in th:is Franchise shall prevent the City ,from canstructing any public work ar cap,ita3.
inlgravement. Further, the City shall liave the right to raquire Grantee ta relocate, rernove,
replace, rnod:ify or clisconnect Grantee's Facilities and eqLtipmcnt located in the R.ights-of-Way or
an any ofiher property of the City in the event of a:n emergency or when necessary #o protect ar
furtkrer the health, safet-y Qr welfare af the geiieral public, and such work shall be performed st
{Grantee's expense. Fallowing notice by the City, Grantee shall relocate, remove, replace; modif},
ar disconneet any of its Facil,ities oc equipment within any Right-of Way, vr on any ather
property of the Gity,
d. lf the f;rantee fai:ls ta cai-nplete the above work within the ti:me prescribed by the City, given.
the naYure and extent of the work, ar if at 'rs noY done to the City's reasanahle satisfaction, the City
may cause such wo,rk to be done a:nd bi:ll the reasnnable cost o,f the work to the Grarltee, includi:ng
all reasonable costs and expenses incuz•red by the Ciiy due to Grantee's delay. In such euent, the
City1 shall not be liable for any damage to a.ny portian 6f Grantee's Cable SysYem. Grantee shall.
pay the Cit}+ `vithin ninety (94) days of receipt of an itemized list ofthase cnsts. Tihe City shall
give cansideratian to any ci:rcumstances oLitside the Grantee's contrQl preuenting Grantee's
completion of wark.
Section 25. Tree Trim:miniz. The Grantee shall have the authorit), ta ctanduct pi-un.ing and
trimming far aecess to Cable 5ysiern Facilities in the Rights-of-Way subject ta cnmpliance vvifh the City
Code. All such trimmiaag shall be done at the Grantee's sale cost and expense. The Grantee shall be
responsible f.ar any darnage caused by such trimrning.
Section 2+6. Vacation. The City may vacate a.ny City raad, Right-of-Wa}j or ather C'sty
. property which is subject to rights granted by this Franchise, but the Carantea shal:l be provided natice of
flrdinanee 09- Drafk CabYe Franch.ise - Page 13 af 28
such vacati❑n proceedings and fha opportunity to secure future use rights as allawed under the City's
Mu:nicipal Code.
Seciion 27. Abandonment af Grantee's Facitiities. No Facil4y Con,struGted ar owned by
Grantee may be abandoned withaut the express written consent of the Crfiy.
Section 28. Mans. Books, and Recards.
1. Grantee shall provide ta the Ciry upon request:
a. A raute map that depicts the general location o,f the Cable System ,Facilities placed in the Rights-
af-Way. The raute map shall identify Cable System Facilities as aeriai or undergrounti and is not
required tv depict cab,le types, nu:mber of cables, elecironic equipment, and serraice lines ta individual.
Subscribers. The Grantee shall also provide, if reguested, an electronic format of the
aeriallundergraund Faci:l:ities in relation to the Right-of Way centerline reference to allow the City to
add t.his inforrnation to the Ciry's GTS program; and
b. A oapy of a11 FCC filings Nvhich relate to tne aperation gfthe Cable Systerri in the Franchise Area.
2. To the exteni such reyuests are limited, to spec'rf c Faci:iities at a given location within the
Franchise area in connection with the canstruction of any City project, Grantee shall cooperate with the
City , upvn the City's reasanable request, to field locate its Facaiit'res in order ta faci:l:itate design and.
plan:ning of City irnprpVement projects.
3. The City bas the right to inspect books and records a£ Grantee, which are reasonably necessary
to ,monitar the Grantee's eompliance with the pravision of Cable Services under this Franchise ,
Agreement. Within receipt crf written natice fram fhe City to inspect the Grantee's books and recards
under this sectian, the Grantee shall Nvithin five (5) business clays or a mutually ageeeable date and tirne,
accommodate the City's request at the Grantee's business oioe in the City, during Narmal Business
Hours, and withput unreasanably° i:nterfering with the +Grantee's business operatipns. Ali such documents
pertaining to fnancial matters shall be preserved and tnaii7tained in accordance with ~'rrantee's standard
record retention palicy except for financial records which are goVerned by Section 4.4.
4, The City has the right to request a cagy of the hooks and reaords that are not ,identifed as
praprietary or confidential. For purpases of th:is section, the terrns "prvprietary or confdentia3" include,
but are not limited Yo, inf6rmation relating to the Cab1e System design, customer lists, martceting plans,
financial infarmation unrelated to the calculation of franchise fees or rates pursuant to FCC niles, or ather
in:farmatian that is reasonably determined by the Grantee to be competitively sensitive.
a. The City sha31 have a right to inspect but the Grantee shall not be required to release
infaranation that it reasonably deems fia be praprietary or confidentia:I in natu:re provided th,at this
sha11 not prevent the release of such proprietaryr or confidential documents for purpases of any
enforcement prQCeedi:ng Nvhere appropriate legal steps are auailable to address Grantee's concems
regarding confidential:ity. The City agrees not to oppase any of the Cyrantee's requests for
con,fidentiality. In the event the ~'rrantee asserts that certain information is praprietary or
confidential in, nature, the Grantee shall identify generally the infarmation which it deetns
proprietary and canfidenCial and the reasons far its confidentiality in writing ta the City. Each
page af such information pravided will be clearly rxjarked as "proprietary and confidential." The
City agrees tcr #reat any in,forrnation disclosed hy the Grantee as canfidential and on:ly to disclose
it ta those ernployees, representatives, and agents of the City that have a need to knaw in arder to
enfarce this Franchise 'Agreemen# and Nvho agree ta maintain the canfidentiality af a11 such
Ordinance 09- L7raft Cable Franchise Page 14 Qf 28
information. The Grantee shall not be requared to provide cusYomer in,formation i:n violatian of
Section 631 ofihe Cable Act gr any other applicable ,federal or state privacy law.
b. Grantee acknowledges tihat informa#ion submitted to the City may be stibject to inspection and
copying under the Washingtan Public Disclvsure Act codi,fed in RCW 42.56. Tlae City agrees ter
ti:mely provide the Grantee with a Gapy of any publ:ic disclosure request to inspect or copy
docu.rraentationlinfarmatipai which the Grantee has provided to the Gity and marked as
"proprietary and confdentiai" priar to allowing any Snspeetion andlor capying as iveSl as provide
the Grantee with a time fratne, cansrstent witih RCW 42.56.520, ta provide the City w',ith its
written basis for nan-disclasu:re of the requested documentatiAryfinforanation. In the even,t the
City disagrees tiviCh ttie Grantee's basis far non-disclosure, the City, agrees to witihhold release ❑f
the requested dveumentationlinf4rmation in dispute far a reasonable amaun. t of time ta allaw
Grantee an oppartun:iiy to file a legal aGti,on under RCW 42.56.540.
Ser.tion 29. ReDorts.
l, File far Public Inspection. ThraugYiout the teran of this Frara,chise Agreement, the Crantee
shall maintain at its business office, in a fle available far public inspection during Narmal Business
Haurs, those documents required pursuant to the FCC's rLites and regulations.
2, Campiaint File and ;Reparts. Grantee will keep an aecurate a.nd com,prehensive fi:lz of all
Camplaints regarding the System and Grantee's actions in, response to #hose Carnplai:nts in a manner
cansistent with tlie privacy righ. ts of Subscribers. LTpon fihirty (30) days written request, Grantee will
provide a repart to the City that contains tatal number aild su3n.rnary of all Camplaints received by
category, length of time ta'ken to resolve ancl actian taken ta provide resalution.
3. Arinual Report. Na later than March 31st of each year, if cequested by thee CitV, Grantee shall.
file awwitten report wifh the City, which shall include:
a. a summary of the previous calendar year's activities in devclapment of this 5ystem, including
bufi not lim:ited to Services kregun or dropped, numiber of Subscribers (includ'rii-I gains and losses),
harnes passed, and miles of cab1e distribution plant in service (i.ncluding different classes if
applicable);
b. an audited fi:nancial staterneni, i.ncluding a statemenk of income, a statement of retained
earn:iiigs, a balance slleet, a s'tacemen# of sources and applications of f-u:nds, afixed asset statement
showing for each aceount or categary, the ariginal cost and accumulated depreciatian balanaes
and activity; and a tleprECiation statemers.t showing the detailed calculation of ciepreciatian
expense for the year. The stafernent shali i:naYuiie nntes that specify a1Y significant account:'sng
policies and practices upon which it is based (i:nclud:ing, but not 1imfted to, depreciation rates and.
inethodalogy, averhead a.nd intrasystem cost ailocation methods, and basis for interest expense).
A suinmary shall be provided cornparing the current year with previoiis years si:nce the begin:ning
of the Franchise. The statement shall contain a sum:mary ❑f franchise fee paysnents and any
adjustment thereta as specified in City Code. ,In any year the City requires an audited financial
statement ptiirsuant to this subsection, and an audited financial statament in compl,ianee with th:is
subsection is provided by a~'irantee, that Grantee shall not be required to submit anafher audited
fi,nanoial statenaenf far that year which rathenv,ise may be required.
c. a current statement of cost of any Construction by component category;
d, a summary of Complainis, ideniifying the ,number and nature of Complaints and their
d15p051t1Oi1;
❑rdinance 03- Draft Cable Franchise Page 15 of 28
e, if a Grantee is a corporation, a list of officers and members of the lavard and the off'icers and -
board members of any parent corporatipn;
f. a list of a11 partners or stockholders holdi.ng one percent or mare ownership interest in a C'rrantee
and any parent corpQration; provided, hawever, that when any parent corporat'son has in excess of
ane fhousaraci skareholders and its shares are publicly traded an a national stflck exchange,, then a
list of the twenty largest stockholders of the voti:ng stQCk of suc-h carpQratian shall be disclased;
g. a copy of a11 of a Grantee's written rales and regulatians applicable to Subscribers and users of
the Cab1e System;
h. any additional information related to operation of the Cable System as reasvnably requested by
the City.
4. Custamer Service Reports. Grantee shall ma:i:ntain a quarterly carnpliance report specifio to the
Systein in the Franchise .E1rea and shall provide such report te the City at the request of the City. Such
rePort sha11 demonstrate Grantee's eorriplianee with the customer service standards set forth herei.n.
5. C,rantee sha11, upon reqraest of the City, rnake available to the Pulaiic Works T7irectar a
descriptic+n of Construction plans for the following twelve months.
b. Grantee shall, upon request o£the Gily, make ar1ailable a copy of the final report on each pra4f
of perfor;nance test of each technical parameter defi:ned in Part 76 of the Rules and Regulations of tbe _
FCC. Sectian 30. Customer Service Standards
1. T`he Grantee shall Comply in all respects with the customer serviee standards caniained herein.
2. C'xrantee shal:l camply at a1T times with a11 appl:icable federal, state and local laws and.
regulatians regarding discrimination, as adopted or amended.
3. ln praviding 5erv ice, +Grantee shall maintain a convenient local customer serviGe location in
eit'her the City of Spokane or fhe City for receiWi.ng Subscriber payrnents, handling billing questians,
equipment repTacement and dispensing cListomer service information. A1sa, the Grantee will endeavar to
accrrmmvdate a bi1l payrnetnt location in the Ciry as long as xhere is an anceptable 3rd parky vendor
avai]able to support the service in accvrdance with the Cxrantee's business practiEes.
4. When simi:lar Complaints have been made by a number of Subscribers, or where other
evidence exisCs which, in the reasanable judgment of Ehe City, casts doubt on the reliabil.ity or quality of
the Cable 5ervice, the City, notwithstanding any other provisions of this Franchise Agreement; shail have
the right and authority tca require thaC ~'arantee test, analyze and repflrt on the perfarmance of ths System
relative to applicable technical standaxcls of the FCC. Upan30-day prior Nvritten natice £rom the Gity, fihe
Grantee sha1T fu11y coaperate with the City in perF❑rming such testing and shall prepare a writfien repart of
the results, if requested.
5. Grantee shall satisfy the consumer protectian and serGice standards as outlined belaw duri:ng
the tercn of th,is Franchise Agreement.
a. Gable System off'ice hours and telephane availabiYity:
Ordiriance 09- Draft Cable'Franchise Page 16 oE'28
i. Grantee wi31 mai:ntain a,local, toll-free or collect call teleph,one access 1ine which Nvill
be available to its Subscribers ttivenfiy-four h4urs a day, seven ciays a week.
1. Trained Grantee represenfiatives will be aVailable ta respand to customer
Hours.
telephane inquiries dLiring Normal Pusiness
2. After Narmal Susiness Hours, the access line may be answered Uy a service
ac an autamaied response system, including an answering machine. Inquiries
received after Normal Business H.aurs anust be responded to by a trained Gran. tee
representatis1e on the next husiness day.
i:i, Under Normal Operating Cond:itions; telephone answer tim,e by a customer
representative, including wait fiime, shall ilot exceed fhirty seconds when Lhe conneciivn.
is made. T:f the call needs to he transferred, transfer tirne shalt not ex,ceed thirty seconds.
'I'hese standarcis shall be met no less then n:inety percent of the time under Noaanal
CDperating Conditions, rneasured on aqua.rterly basis.
iii. Grantee skial:l possess equipment to measure compliance with the telephone
answering standartls above.
iv. Under Normal Qperati:n~ Cond:itkons, fihe customer ~~~ill receive a busy signal less t.han
three percent of the ti:me.
v. Customer service center and bill payrnent l4catsons wi11 be open afi least during
Norrnzl Business HDUrs.
b. Instal,latians, Qutages and Service CaTls. Under Norrnal Qperati.ng Cond:itians, each +af the
fallawing standards will be met no less than ninety-five percent af the time measured an a
quarterly basis:
i. Stanciard Installations wil.l be performed within seven bus'r.ness days after an arder has
bee;1 placed.
1. 7'he "appaiaitrnent wi:ndow'" alternatives for ,installations, senfice cal:ls a:nd
okher installatian activities wi1:1 be either a specific time or, at maximizm, a fou:r-
hoiir time block du:ri:ng Nornaad Busi:ness Haurs. (Grantee may schedule se-rvice
calls and other instal:latian activities autside of JrTormal Business ,Hours far ihe
express canvenience of the custamer.)
2, Grantee may nat cancel an appointment wifll a customer after the close af
business an the business day prior to the scheduled appoi:ntment.
1. ,lf Grantee's representat.ive is running late for an appoinfiment wifh a customer
3
a.nd will nat be able ta keep Che appoiaatinent as scheduied, the Grantee shall use
its best efftvrts to cantact the customer prior to the ti.nne af the scheduled
appointment. The appaintment will be rascheduled, as necessary, at a tirne dvhiah.
is convenient far tihe custvrn,er.
, 4. Under NarFnaf C?perating CanditiQns, if Grantee cannat perfQrm i.nstallatiQns
vvithi:n fhe tirnes specified in applicable cListomer standards, the Grantee shall
offer the Subscraber a credit equal to Che charge far a Standard Installation or
C3rdinance 09• Draft Cable Franchise Page 17 of28
other campensation of equal ar greater value. Far non-Standard Tnstallatian, '
Grantee shall attempt to cantact a 5ubscriber requestang an estirnate of charges -
within seven business days af receiving the request by the 5ubscriber. This
subsectian daes nnt apply to the introduction of new products and services when
Grantee is utilizing a phaseci intraduction.
H. Excluding conditiqns beyond the cantrol of Grankee, Grantee wi:ll begin work:i.ng on
"Serrrice Interruptions" promptly and in no event later than twenty-four hours after the
interruption beeomes known. Grantee must begin actions to correct oCher Service
ptoblems the next business day after noiification of the Service problem. Grantee shall.
resalve ail Service Interruptions to the extent reasanab1y possible wifkt:in forty-eight haurs
under Norrn.al flperating Canditians.
1. In fhose cases where Service is nQt restored within twenty-four haurs due to
unusual circumstances, the reas❑ns for the delay sha.ll be fully documented in an
nutage log.
2. [Jnder 1tiFormal Operating Conditions, if after twen. ty-faur hours Service is nat
restvred to a Subscriber, Grantee shall, upon a Sulascriber's request, proVide a
refund Qr credit or vther compensatian of equal or greater vaPue.
3. As Subscribers are corinected or recannected fia the 5ystem, Grantee shall, by
appropriate means such as a card or brochure, furnish generai Subscriber
infarmation (including, but not lirnited tQ, terrns af Service and procedures for
making inquiries or Camplaints, including the name, address and lacal telephone
number of #he employee or employees or agent to whom such inquiries or -
Cpmplai:nts are to be addressed) and furnish information concernTng the City
❑ff'ice responsible ,for the administration of the Franchise Agreernent, including
the address and telephone nLirnber of saici office. c. CQmmunicatians between Granfiee and 5ubscribers,
i. NaCifiGat'rgns to Subsctibers.
1. Grantee shall provide written informatian on each of the fo3:lowing areas at the
ti.me o,f insYallat'ran of Service, a# least annualhy to all Subscribers, and at an}1 tirne
upon request to Subscriber or the City:
a. Products and Serrfices offered.
b. Prices azad optivns for programming seivices and cnnditions of
subscription to programming and cather services.
c. Instaylation and Serviee Maintenance policies.
d. Tnstructians an hQw to use the Cable Service.
e. Channel positions of the pragramming carried on the System; and
f Bi:lling and Gamplaint procedures, including the address and _
telephone number of the City.
qrdinance 09- L3raft Cabie Franchise 1'age 18 of 28
ii. R.atelProgramuiing Changes.
1. Subscribers will be noti.fied of any cha.nges in rates, programrning services or
Charulel pQSit,ions as soon as passible i:n writing. Notice must be given to
Subscribers a ma:ni:mum vf thirtyF days in advaalce af such changes if tfie changes
are within the contral of the Grantee. In addition, the Crrantee shall notify
Subscribers fhirty days in advance of any significant changes i:n the other
infarmation required by fhis section. {srantee shall nat be required -tv prauide
prior nvtice of any rate changes as a result of a regulatory £ee, franchise fee ar
Dkher £ees, tax; assessment ar charge af any kind iraipased by an,y federal agency,
state or Gity on the transactian bet-ween the Grantee and the 5ubscriber.
2, The City recognizes fhat the Grantee voluntarily provicles a qualifed disaount
program for senior and disabled custamers. The Grantee cammits fhat it will
contin,ue the prflgram over the term of the Franchise. The Grantee will notify the
City and Gustomers regardi.ng changes to the existing qualified discount pragram
consistent tivith the ahove nati~'ication requirements.
3. All pragram.m,ing decisions remain the discret.ion of Gra.ntee in accordanee
with th:is Franchise A,greernent, provided that Grantee notifies City and
Suhscribers in writing thirty days priar to any Channel additions, deietions vr
reaYigmmerats directed to each Subscriber individually thrqugh mailed notice or as
an insert or addendum to the Subscriber's monthly bill, emai:l or ather ineans
reasonably calctilated to giVe the Subscriber aiid the City advanced notice, and.
farther subject to Grantee's signaY carriage obligations hereunder and pu:rsuant to
47 U.S.C. § 531,-536, and furGher subject to City's rights pursiiant to 47 U.S.C. §
545. Location and relocati❑n of the PEG Channels shali be gaverned by this
Franchise ta.greement, and further to t1ie prograrn:tning categary requirements
containad ivithin tla,is Franchise Aureement.
iii. Billing.
l. Bills will be clear, concise a.nd understa.ndable. Bills must be fully itemized,
with itemizaCians i:ncludi:ng, but nat limited to, basi,c and F'remium 5ervicc
charges and eqszapment charges. Bills wi11 also clearly deli:neate al.l activity
dLiring fhe bi:ll:ing period, includi:ng optiona] charges, rebates and aredits.
2. Billing Cvmplaints sha11 be responded to pramptly, Gu# in no event later than.
within seven days af recei;pt.
iv. Refunds. Refiind checks wi11 be issued promptly, bLit na iater than either:
k. fihe 5ubscriber's next billing cycle follawing resolution of the request or thi:r#y
days, wliichever is ea.rl:ier; or
2. the ,return of the equipment supplied by Grantee if 5ervice is terrninated.
v. Credits. Credits £ar Service will be issued no latsr than the Subscriber's next billing
cycle fvllawing the determinativn thaf a credit is Nvarranted.
Ord i.nance 09- Draft Cabte Franch.ise Page 19 af 28
vi. Sulascriher Charges. A list of Grantee's current Subscriber rates and charges for
Cable Service shall be maintained on file vvith City and shall be ava:ilable far public -
i:nspeGtion.
d. The Grantee shall comply with a11 applicable ffederal and state privacy laws, including Section
631 of fhe Cable Act and regulations adopted pursuant thereto.
Section 31. Cabie Advis6rv goard. City reserves the right to maintain a Cab3e Advisory
Board over the term of this Franchise Agreexnen,# #'or advisory purposes anly. The Grantee agrees to
cooperate with reasanable requests for informaCivn, thrvugh the designated City representative, to support
the eabie Aavisory $oara.
SecEion 32. C'stv Ordinances and ReRulatians. Grantee, through this Franchise, is granted the
right ta operate its Cable System using the Rights-af-Way widvn the Franchise Area. Such use must be in
camplianae tivith generally applicable Municipal Cvde ancl Regulations.
Tn the event of a conflict between the Mun. iuipal Code a~nd Regulations and this Franchise, #his Franch:ise shall
control subject to fihe Iimitat'ran ofthe City's exercise of the pol:ice povvers set £orth below. 5ubjec# to f.ederal
an,d siate preemptian, the material, terms ancl conditions cantai:ned in this ,Fra:nchise may not be Un.i:laterally
altered by the City through subsequent amendments to any ordinance, regulation, resalutian or other
enaetment of fhe City, except within the lawFul exerGise of the City's police power, GranLee has the right ta
challenge any City ordinance ar regulatian that conflicts with, its rights under this Franch:'sse. Grantee
acknowlerlges that its rights hereu:nder are subjeGt ta the police poxvers of the City to adopt and en,farce
ordinances necessary to protect the health, safety and welfare of the public, and Grantee agrees to camply _
with all applicable lakvs and ordi:nances enacted by the City pursuant to such porver so lang as the same da
not unciuly discri:minate against Grantee.
Section 33. Franchise AL-reement and Madificatien. This Franchise Agreement is a eontraGt
betwpeen the City and the Grantee, negatiated in good faith and binding upan bath parties. The City and
Grantee hereby reserve the rig]n,t to alter, amend or modify the terrns antl conclitians 6f this Franchise upon
written agreement of bnth parties.
Section 34. Indemnification. The Grantee shall, at its sole cast and expense, i.ndemnify and
hold harrr9less the City, its officials, boards, cammissseans, agents and employees against any and all thi:rd.
party clai.ms, suits, causes of actiDn, proGeedings, and judgments for injury, lpss, nr damage arisi:ng out of
the Canstruction, reconstructian, use, operatiQn, orvnership and Maintenance of the Cable System under
this Franchise Agreement, except that nv suGh requirement shall apply where such clairns, suits, causes of
actians, praceedings, and judgments for datnage are occasivned by the active negiigence, gross
negl:igenee ar intentional acts of the City or its official,s, baards, commissians, agents an,d employees
while acting on behalf of the City. These damages shall include, but not be limited to, claims rnade
against the City by the Franchisee's em.ployees from which the Franchisee would otherwise be immune
under Titiie 51 RCW, penaltfes arising caut of c4pyc'ight infringemenfs and darraages arising aut of any
failure by the Grantee ta seGUre consents from the Qwners, autharized distributor5 ar licensees of
pr❑grams to be delivered by the Grantee's Cable System whether ar not any act or omissian complained
of is auth. oriaed, allawed, ar prohibited by this Franchise Agreement. Indemnified expen,ses shall include,
but not be timited to, all out-of-pocket expenses, suc'h as costs and atCarneys' fees, and sha11 also incl,ude
the reasanable value of arry services rendereci by the City Attomey, Assistant City Attarneys or any
outs'sde consulta.nts employed by the City. Grantee shall not be xequired ta provide i.ndemni,f cation t❑
City for programming cablecast over the Access Channel admi,nistered 6y City.
The Gity shall give the Grantee timely written notice of any claim or of the commeneement of any actian,
Ordinance 09- L]raft Cable Franch.ise Page 20 of 28
suit or other proceeding covered by the indemnity in this sectican; but fai:lure ta give notice is not a defense
- to the indem:nification obIigations except to the extenk of actual prejudice. Tn th,e event any such claim
arises, the Ciry or any ather iudemniied party shal,l tender ihe def'ense thereaf to the Grantee and the
Grantee sha1:1 have fhe obligation and cluty ta defend, thraugh services ❑f campetent counsel satisfactory
to Yhe City, settle or cotnpromise any cPai.ms arisi:ng thereunder. If the City determines that it is necessary
for it ta emplvy separate counsel, the costs for such separate caunsel shall be the respvnsibilaty of tTne
City.
Seetion 35. Insurance.
l„ Upan the granting of this.Franchise Ag,reement and following simultanepusly with the filing of
the acceptance of this ,Franchise Agreement and at a:11 times during the tenn of thi,s Franchise Agreement,
the Gra:ntee shall pbta:in, pay all premiums for, and deliver to the C'sty, written evidence of payrnent of
premiums for and a certificate of insurance, naming the Gity as an additional insured, with a cotnpany
l:icensed to cio business in the State of Washington with a rating by A.M. Sest anci Co. of not less than.
"A:" or eguiWalent, for the fallawing:
a. A comprehensive cammercial or general liabilit.y insurance pal:icy pr policies; issued }ay an
insurance casrier licensed to do husiness in the State of Washingtan. Said polic-y ar pmlicies shal:l.
pay on be,half of and defend the Cily, its affic'sals, baards, coxn.m,issions, agents qr empl4yees.
fram any and all claims by any Person whatsaaver (including the costs, defense costs, attarneys'
fees and interest arisi:ng fherefrom) an account of personal injury, badily in,}ury or death of a
1'erson or Persans ar damages to properky accasiQned by the operations of the Grantee under th:Qs
Franchise Agreement, or alleged to have been so caused or occurred, wifh a mir3:imuril combi.ned.
single lirnit of (]ne M.iilian and Noll[7D Dollars ($1,400,000) per accurrence and $2,000,000
general aggregate ,for personal i:njury, badily injury and property damage.
b.A comprehensive automobi:le ].iability i;nsurance policy or policies, issued by an insurance
carrier lieensed to dd business in the State of Washingtan. Said policy Qr poiicies shall pay on
behal:f of and defend the City, its officYals, boards, commissions, agenfis or employecs frarn any
and all claims by any Person whatsoever (incI,uding the costs, defense casts, attarneys' fees and
interest arising therefrom) far bodi:ly injury and property damage occasianed by any vehicle
operatian of the +Grantee, or allegeti to have been sa caused or occurred, with a minimum liability
oFOne ,Millian and N'o01D0 DalYars 1,000,000] per Persan and ,Five Million and NoI10 0 Dallars
($5,000,000) in any one (1) accident or occurrence.
2. Not less than thirty Q )0} days prior ta its expiration, Grantee shall deliver to City, asubstitute,
renewal or replacement palicy dr bond con:Eormang ta the provisivns of this Franchise Agreement.
Section 36. PerFarmance Bond.
1. 'yVitf3in sixty {60} days of kh,e effective date of this Franehise, Grantee will provide a
perfortnance bond to the City, in the total sum of $250,000.470 lvhich wi14 remai.n in effect for ihe term of
this Franch.ise. The perfarmance bQnd is to ensure the faithful performanee of Grantee's obligatians
under the Franchise inGluding the payment by the Grantee of any penalties, claims, liens, fees, ar taxes
due the City which arise by reason 6f the operation, Maintenance, Qr Consinictian of the Cable 5ystem
within the Franchise Area.
2. If the Franchise is termi:nated; or upon expiration or renewal, ar transfer of the Franchise, the
City wil.l retusn the original bond or sign the necessary docu.mentation to release the bond prornptly if
' CranYee dnes not awe funds ta t.he City or is nat iar de,fault of a material provision of the Franc-hise.
flrdinance 09-_ I3raft Cable Franchise Page 21 of 28
Section 37. Remedies to Enforce Comn[iance. '
1. This sectxan does nut apply to revocatian of the k'ranchise Ag►-eement. Whenever the City
seeks t4 enforce the Franchise Agreement, it shall, f rst provide written natice to the Grantee o,f the nature
of the problem and requested action, together with any applicable time frame for response. Any time
limits here or elsewhere pn the Franchise Agxeement may be mod'rfed by written stipulation of the City
and Grantee, except tirne l.i:mits relating to revocafiion of this Franchise Agreeme,nt or where otherwise
required by law must be approWed by the C'ity Cauncil.
2. Except i:n case of urgency car public need relating to managernent of the public FLighf-of-Way
as reasvnably rietermined by the City, the Grantee has thirty (30) days frorn receipt af such notice to
respand in writing to the City official sending the ncstice:
a. contesting it; or b. aGCepting it and agreeing to Gure as requested within time limifis speci.#ied; or
c. requesting additianal tixrie or other rnQdifications. Tn such event, Grantee sha11 promptly take
al:l reasonable steps to cure the defatilt, keepi.ng tlae City informed as to the steps to be taken and a
projected campletian date.
3. If the City is not satisfied with the Grantee's response, b[rth parties shall meet infornal:ly to
discuss the matter. Tf these discussioras do nat lead to resolutian of the problem, the City shall notifyr the
Grantee in writing. Grantee may thereafter request a hearing thereafter as pravided in th:is Franchise.
4. No provision of this Franchise affects #he right af either party to seek judicial relief fronn a
violation o£ any provision of this Franchise, ar any regulat.ian or directive under fhis Franehise. The
existence vf other remedies ut►der this Franchise daes not l:im:it the ,right of either party to recover
monetary damages, or to seek judicial enforcernent of obligations by specifi,c perfarmance, injunctive
rel:ief vr mandate, or any otYser rernedy at ,iaw nr in equity.
Section 38. Liauidated Damaiies.
1. Because Grantee's °Failure to comply wifh the prrrvisions of this Franchise Agxeement wi11
result in damage to the City and because it wi11 be i.mpractical to determi:ne the actual amnunt ❑f such.
damages, the City anr3 ~'irantee here}ay agree upan anri specify cerkain arnounts set fQrth herea$er in this
section whi,ch represent both parties' best estimate of the ciamages.
2. T,he City shall specify any damages subjeet to this sectian an. d shall include such infarmatian in
the notice sent to Grantee required u:nder 5ection 37. 5uah a notice may provide for damages sustained
pri4r to the notice wbere sa prQVided, and subsequent thereto pending cvmpliance by Grantee.
3. To the extent fhat the City elects to assess liguidated dwnages as proVided in this sectton and.
suah liquidated damages have been paid, the parties agm'ee thafi this shall be the City s sole and exclusive
damage remedy in lieu of actual damages; grovided, tlaat T.his shall nat 1imit the right caf khe Caty to seek
equitable or atber relief as resenred in Section 39.
4. Unless otherwise provided, liquidaterl damages do not accrue after the timely filing of a
request for hearing by Grantee until fhe time of a decision fram the hearing. Nothi:ng in this sectian.
prevents tihe parties fram settling any dispute relating to liquidated damages by mutual stipulation.
5. Gxantee ma}• cure the breach or vialation within the time specified to petition for review to the City's satisfaction, whereupon no liquidatetl damages are assessed.
~
I
Ordinance 09- Draft Cable Franchise Page 22 of 28
- 6. Afrer fialfilling fh,e procedure requi:red under Sect;ion 37, Grantee has thirty (30) ciays to pay
such amaunts; or Grantee rnay seek review af any assessment of liquidated damages un,der Section 39.
Liquidafied darraages sha,ll be immediately payable frorn the performance bond, if review is not sought or
i:f not pai,d within the thirty (3 d} tlay period by the Grantee.
7, Schedule vf Liquidated Dacrxages. Liquidated damages are set as foTlows. All amou.nts accrue
per day but not beyond fhe number of days to exceed the amDU:nfi of $10,000 per twelve (12) rnonfh period.
u:nless specif ca11y prrsvided. Nothing requires the City ta assess 1:iquidated damages, actang in its sole
discretion, but such evenfi daes not operate as waiver or estoppel, upan the City. T)ama2es resultine fr4m.
fai:lure ko iDav franch:ise fees or PFG Ganital contributions mau be recoUered in ivhale, withotit limitaCion.
8. 1?ursLSant to the requi:rements autlined herein, liquidated damages sha11 nat exceed the
fa1lowing am,ounts:
a. five-hu.ndred dollars ($500.04) per day for failure to provide eab,le service as promised in
Section 9 of this Franchi,se Agreement; one-hundred dollars ($100.00) per day for makeria]
deparhire from the FCC technical performance standards; fi,fty clallars ($50.00) per day for failure
tn provide the l?;EG Channel or any PEG Fee related thereta which is required hereuntier; one-
hundred dollars ($100.04) per day for each material vb9lation of the Custarner Service Standards;
nventy fiVe dvllars ($25.00) per day ,fvr failure to pravide areports or notices as required by this
Franchise; and flne liundred dallars ($1 fl0.00) per day far any material breaches or defaults riot
eeiumerated herein.
b. Where Graniee has t.hree (3) or more of the same wiolation or i~reac~a events (an "e~ent" rnav
. invalve rnultiple customers, but is discrete in tirrte or cireumstan,Ges) dvithin any twelve (12)
manth period, all appl:icable damages amaunis ar.e daubled.
5ection 39. Hearines. Grantee may request a hearing as follaws:
1. Grantee files a written sequest within fourteen (14) days of receipt of a decisian it wants
reviewed wikh the City Manager. Ttie request does nat stay the efFect of the decisian or obl:igation to
comply or exercise af any remedy available to the City except as othenvise provided. The City Manager
may conduct the hearing or appoint an a.lternate heari,ngs officec, tivho sha11 not be the Person issuing the
order or stiich Person's subord:inate. For rnatters exceedin~ $25,0~7Q reasana~rly estimated r~alue in.
conirovsrsy as determined by the Ciiy Manager, the Grantee may fle a request that thc City Heari:ngs
Examiner canduct the hearing. A reasanable filing ,fee may lae set by the Hearings Ekarniner or generally
appl:icable ordiraanees.
2. The hearing may be informal and shall be canducted wi#hin twenty (20) days, with at least ten.
(10) days prior natice to both sides. The ofFicial conducti:ng kh,e hearing is respansible to keep a recezd af
any materials submitted and sha,li, ,record the hearing by Video or audio tape, far matters exceediar,g
$25,000 reasonable est:irnated valtae amaunt in contrcaversy. A written decisian sha:ll be issued withi:n ten
(10) days. Either party may appeal the deaisicrn tQ a co►.irt of competent jurisdictian with.in thi:rty (3 0)
days.
3. Except Nvhere otherwise pravided, ak th,e conGlusion of the Cil'y hearings pracess, if Grantee
remains in default, it shall correct said default `sn, fifteen {15} days or as othenvise ordered by the City. In
the euent the Grantee does not cure with:in such time ta the City's reasonable satisfactian, the City may:
_ a, seek speci,fie gerformance of any prouisian that reasonably lends itself ta such remedy as an
alkernative to damages, or seek vther equitable relief, andlQr
Qrdinance 49- Draft Cab1e Franchise Page 23 0£28
b. assess liquidated tlamages resultirig from Grantee's default if nat already done or await the -
conclusion of the jurlicial process.
4. Wlaere Grantee seeks judicial rev,iew and ultimateFy prevails, any rnoney judgrnent agaiaast fhe
City shall be paid or may thereafter he affset by Grantee, in Grantee's discretion, against further franc .hise
fee payments due ta fhs City. In such event, Cirantee shall notzfy the City at least sixty (60) days prior to
apply the offset.
5. Nothing herei:n limits the City's right to seek to revoke this Fra.nChise Agreernent in accardance
wifh Section 44.
5ectian 40. Revocatian.
1. The City may reVQke this Franchise Agreement and resci.nd all rights and privileges associated
with this Franchise Agreement in the fa1lowing circu.mstances:
a. Grantee aba:ndons the Cable System, fails tn Eure a nan-navrnent of a Quarterlv francfxise fee
within 430 davs of fhe aeauired navment date, or terrninates the Cable Systern's operatiflns; or
h. Grantee has a pattern of failing ta perform the material obligations Iisted €i:nder SeGti4n 38.8 of
this Franchise Agreement; or
c. Grantee atternpts to evade any material grovision of this Franchise Agreemerst or practices an}= _
£raud or deceit upon the City or Subscri,bers.
2. 1?ri4r ta revocatian of the Fra.nchise Agreement, the City shall give written notice to the
Grantee of its intent to revake the Franchi,se Agreement, setYi:ng forth the exact nature of the
noncompliance. The Grantee shall have tb:irty {30} days from such notice to object in writing and to state
its reasons fiar such objection and pravide any explanatian. In the event fhe City has nafi received a timeiy
and satisfactory response from the Gra.ntee, it may then seek a revocation of the Franchise Agreement by
the City CounCil in accordance wifh th:is sectipn.
3. The Grantee may file a revocation hearings request within 14 days ❑f t.he City's written notice
of intent ta revoTke the franchise with the City Hearings Examiner. A reasonable filing fee Fnay be
required pursuant to generally ap,plicable ordinances. Any revocation hearing under th,is subsection shall
be consistent with Spmkane Valley Municipal Code 17.90, except as specifi,cally set forth below. This
shall provide the Grantee a fair oppprtu:nity far fu:l:l participation, including the right to be represented by
1egaL counsel, and ta i.ntraduce evidence. 4Vifhin 20 days of the hearing, the Hearing Examiner shall issue
a recommendatian ta the City CQUncil. At the next available City Cauncil meeting with natice provided
to the Grantee, fhe City Couneil shall review the City Hearing Examiner's record and recam.mendation,
al:lowing t.he Grantee an opportunity to state its position on the rnatter reserving the righf ta set reasonable
time limits. Within sixty (60) days after t.he rev,iew, tihe City Council shall deterrttii!ne whether t4 revoke
the Franchise Agreement; or if the breach at issue is capable of being cured 6y the Grantee, direct the
Grantee ta take appropriate remedia] actiQn within the time and in the manner an. d❑n th,e terms and
eondition.s that the City Counci,l determines are reasonabls under the circumstances. The City Council
sha1T issue a written decision and sha11 transmit a copy of the ciecision ta the Grantee. .4ny appeal of the
decisian by the City C4uncil sha11 be to Spokane Ccau:nty Superiar Court withi:n thirty (30) days of
adoption of the decision. iJpon timely appeal, the effect of the revacation is stayed pending final judicial
resolution, huC this sha11 not affect acerual of pena.lties or the right of the eity to talte any ather
Drdinance 09- Draft Cable Franchise Page 24 of 28
enParcement aetion, including cU:ri:ng the defauix at Grantee's expense and liabi:l:ity, alsa subject to judicial.
review. T11e pa:rties shaIl be entitled to such relief as the cqurt may deem apprapriate.
4. The Counci:l may in its sole discretion cake any lawful action that it deems appropriate to
enfoece the Cifiy's rights under the Franchise Agreement in Iieu of revocation.
S+ection 41. Candit:ions of Sa:le. If a renewal, of this Franc€rise Agreement is denied or the
Franchise Agreement is lawful,ly teren:inated, and the Cit}= lawfully acquires ovvnership of the Cab1e
System or by its actipns lawfulfy effects a transfer of awnership of the Cable System Ca another Person,
any such acquisition nr transfer shall be at a price determi:ned pursuant tv the provisions of the Cable Act.
Section 42. Transfer of lZiehts. This Franchise may not be assigned or transferred without
the written approual of the City pursuant ta the proVisinns of the Cable Act. Hoivever, Grantee can assign
or transfer this Franchise w3,thout approval ❑f but upon natice ta Che City to any parent, aff:l.iate ❑r
subsidiary of Grantes or to any entity that acqui.res aIl or suTbstantially all the assets or equity of Crrantee,
by merger, sale, cansalidation or othenvise and for transfers in trust obtai.ned to fi:nanee ConstructiAn ar
pperatians of a Cable 5ystem by pledging the System as collateral..
Sec€ion 43. Aacentance. Not later than sixfiy days after passage and publicat.ion of fh.is
Ordinance, the Graratee tnust accept t-ie Franchise herein by filing w'sCh the City Clerk an unconditional
wriiten acceptance thereaf. Failure of Grantee to so accept ftiis Franclnise witliin said periad of ti:me shall
be deemed a rejection thareaf by Grantee, and the rights and privileges ,liereial granted shall, after the
expiration of the sixty days period, absolutely cease, unless the tirne perioci is extended by nrdinaiice d:uly
passed for fliat purpQSe.
Sec.tian 44. Force 1Viaieure. The Grantee shall not lae h,eld in default under, ar in.
noncornpl:iarice with, the provisions of t3tiis Franchase agreement due ta acts of God or i.mpossibility of
performa.nce as recognized in tlae cammon laNv of the State of Washingto,n, tQ the extent and for such.
period as such conditi,ons persisfi. F6r purposes of errfflrcement, conditions outside of Normal Qperating
Conclitians are a laasis to excuse Grantee's performance, but on1y Ca tihe extent and for sucki period as such.
conditiQrls persist. Canditians aLitside Normal Operating Canditions may also excaase otlier F'ranchise
ohligations where they eff'ectiuely render performa.race infeasihle or impassible, ifl the ex#ent and for such
periad as siich conditions persisfi, but this dves not apply as to canditions «ithin the Grantee's reasonable
cantr41.
Sectaon 45. Severabil:itv. If any section, sentence, clause or phrase of this Ordi,nance shoitlcl
be held tfl be invalid or uncanstitut4ana1 by acQUrt of compekenk jLirisdiction, such invalidity or
unconstitutionality shall not affect the validity or constituti4nality of any other sectifln, sentetice, clause or
ph:rase of this Drdina:nce. In the event fhat any of t:he provision of the Franchise are held #o be invafid by
a court of competent jurisdictiorl, the Franchise may be mod:i.fied upan agreement by both parties.
Section 46. Renewal. Any renewal of this Franohise Agreement skiall tae governed hy and
cQmply with the provisaQns of the Cable Act {47 U.S.C. § 546}, as amended.
5ection 47. Natice. Any notice or i.nformation requ:ired ar perrnitted t6 be given by or ta the
parties tinder fhis Franchise anay be sent to the fallowing addresses unless atherwi,se specified, in writing:
The Ciiy: C4ty of Spokane Valley
Attn: City= Glerk
11707 E. Sprague, Suite 105
Spokane `v'alley, WA 99206
C3rdinance [}9- praft Cabie Franchise Page 25 of 28
iGrantee: ComGast of PennsylvanialWashingtanfWest Virgi:nia LP
Attn: Ken Watts, General Nlanager
1717 East Suckeye Avenue
Spakane, Washi:ngton 992[}7
With a capy ta: Comcast of Washi:ngton N, InG.
PO Box 3042
Bathell, WA 98441-3042
Attention: Franchising Department
Sectivn 48. Choice o£ Law. Any litigation between the City and Grantee arising u:nder or
regarding this Franchise shall occur, if in the state courts, in the 5pokane Cpu.niy Superiar Court, and if in
the €ederal courts, in the LTnited States District Court fnr the Eastern Dist,r,ict of Washingtan.
Sectinn 41. NQn-Waiver. The faiiure of either party at any ti:rne Ca require perfQrmance by
the other of any provisian of this F'ranchise will in no way affect the aight of #he ather party to enforce the
Franchise. The waaVer by either party of any bxeach of any pravision is not awaiver of a:ny suGCeeding
breach of such provision, ar as a waiVer of the provision itseif or any other prQvisiQn.
Sectian 50. Entire Aueement. Tlzis Franchise constitutes the entire understa.nding and
agreementbetween the parties as ta the subject matte_r herein and no Qther agreements ar understandings,
written or at'herwise, shal:l he bincling upon the parties up4n execut.ian and accepfance hereof, This
Franchise shall als❑ supersede and cancel any previous right or claim of Cirantee to occupy the Right-of-
Way as herein described. Secrion 51. Countervarts. This Franchise Agreement may be exeeuted in several.
counterpa.rts, each of which when so executerl shaTl be deerned to be an original copy, and ali of which
together shall canstitute vne agreernent binding on all parties hereto, noriviihstanding that all parties shali
not have signed the same c4u.nfierpart.
Seetiorn 52. EffecYive Date. Ti his C)rdinance shall be in fu11 force and effect five days after
publ:ication of the ordinanGe ar a surnmary thereflf occurs rn the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council. this day of .2009.
Mayar,Richard Munson
ATTEST;
Christine Bainbridge, City C1erk
Approved as to Form:
C}ff"ice of the City Attomey
I7afie of Puhlication:
Ordinance 09- Draft Cahle Franchise Page 26 of 28
Effective TJate:
Ordinan ce 09- Draft Cable Franchise I'age 27 0f 28
Accepted by Comcast of PennsylvaniaTWashingtonlWest Vrrginia LP,
By: .
By:
The Grantee, Comcast of Pennsylvan. ialWash.i:ngtonlWest Virginia. A limited partnership
cQm;gany, for itself, and for its suecessors and assigns, dQes accept al1 of the terms and conditions of the
foregoing Franchise. IN wITNESS V►rHERE4F. has signed this day of _
, 2Li09.
Suhscribed and sworn bef4re me xhis _ day af , 2009•
Notary Public in anci far the State of Washington,
resiciing in
My commissian expires
-
Drdinance 09-_ I}raft Cable Franchise Page 28 of 28
CITY OF SPQKANE YALLEY
Request for Cvuncil Action
Meeting pate: June 9, 2009 City Manager Sign-off:
Item: Check alti t'hiat appiy: consent 0 ❑9d business El new business ~ public hearing .
El information Z adrnin. report ❑ pending legislation
►AGEf~DA ITEM TIT~'~E: Fieacing Examiner Rules
GOVERNI'Nfi L'EGIS'La4TlON: S'VNiC Chapters 17,18; RC"IN 35A.63. 170(3), 36.7013,
36.7OC.11 0.
PRE'V'IOU'S COU'NCIGL AC~~~~~ ~AKEN: UDC aaapted on September vf 2007.
~~CKGRO1JND: 'V'Vhen the UDC vvas adopted the ruBes of procedures for the hearing
Examiner and the declaratian nf autharity for the same was conta%r~ed in Chapter 18and
Ap;pendix B which was the Spokane Cvunty Resolution advpted in the mid 1990's. 1n order to
update both the statement af duties and authvrity and the hearing procedures to be consistent
wit~ current standards changes are propased to Chapter 17p ( repeaCing SVMC 17.90.060 (3)
and (4); repeal Appendix B; repeal SVM'C 18.20.020; adopt new section S'u'MC 18.20.010-060
and adopt a new Appendix B. The two new sections are attached for your review. These
changes shou1d be presented ta the Planning Commissivn for hearing as part Qf aur ongoing
review of ff~e UDC.
O'PTIONS: Revise andIor refer tm Planning Cnmmissivn for hearing.
RECOMMEN[3ED ACT1O'N OR MOTCON: Refier to Planning Cammissivn for hearing,
BUDGETIFINANCIAL IMPACTS: 6VA
STAF~ CO6VTACT: Ndike Cannel1y, City Attarney
r4TTAGH~~NTS:
1. Fievased Appendix B
2. Reui5ed Chapfier 18.20
Appendix B
Hearing Examiner Scheduling Rules and Rules of Conduct
A. Scheduling of Hearings.
1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The
official agenda shall comply with all time limits set forth in RCW 36.70B.110.
2. When practical, minor applications, such as 'a variance or matters that take
less time, shall be heard at the beginning of the day's agenda.
3. The hearing examiner may consolidate applications involving the same or
related properties for hearing.
B. Notice of Hearing - Effect of Notice.
1. Each public notice required for the hearing of an application shall conform
to applicable statutory and ordinance requirements. The notice should contain a
statement that the hearing will be conducted in the manner set forth in Appendix
B.
2. Failure of a person entitled to receive notice does not affect the jurisdiction
of the hearing examiner to hear the application when scheduled and render a
decision, if the notice was properly published, mailed and posted.
3. A person is deemed to have received notice if the person appears at the
hearing, or submits written comments on the merits of the application, and the
person fails to object to the lack of notice promptly after the person obtains actual
knowledge of the hearing date.
4. If required notice is not given and actual notice is not received, the hearing
examiner may reschedule the hearing or keep the record open on the matter to
receive additional evidence. C. Staff Reports on Applications.
1. The department shall coordinate and assemble the comments and
recommendations of other City departments and commenting agencies, and shall
make a written staff report to the hearing examiner on all applications.
2. At least seven calendar days prior to the date of the scheduled public
hearing, the staff report shall be filed with the office of the hearing examiner and
mailed by first class mail or provided to the applicant. At such time, the
depanment shall also make the report available for public inspection. Upon
request, the department shall provide or mail a copy of the report to any
requesting person for the cost of reproduction and mailing.
3. If the staff report is not timely filed or furnished, the hearing examiner may
at his/her discretion continue the hearing, considering the prejudice to any party
and the circumstances of the case.
4. The hearing examiner may make recornmendations to the department on
the format and content of staff reports submitted to the hearing examiner.
E. Si$e Inspections.
1. The hearing examiner may make site inspections, which may occur at any
time after the staff report on an application has been filed with the hearing
examiner and before the examiner renders a final decision. The hearing
_ examiner need not give notice of the intention to make an inspection.
2. The inspection and the information obtained from it shall not be construed
as new evidence or evidence outside the record. If an inspection reveals new
and unanticipated information, the hearing examiner may, upon notice to all
parties of record, request written response to such information or reopen the
hearing to consider the information.
F. Presentation of Evidence
1. The format of the public hearing shall be organized so that the testimony and written evidence can be presented quickly and efficiently. The format will
generaliy be as follows:
a. a brief introduction of the matter by the hearing examiner;
b. a report by division staff including introduction of the official file on the
application and its procedural history, an explanation of the application, including
the use of visual aids, and the recommendation of the division on the application;
c. the submittal of testimony and documents by the party with the burden
of proof at the hearing, typically the applicant on an initial application or the
appellant in the case of an appeal; followed by persons in support of such party's
position;
d. the submittal of testimony and documents by opposing parties;
e. rebuttal;
f. questions and clarifications;
g. closure of the hearing;
h. closure of the record and continuation of the matter for final decision.
2. All reasonably probative evidence is admissible by the hearing examiner.
The hearing examiner may exclude all evidence that is irrelevant, immaterial or
unduly repetitious. The judicial rules of evidence are not strictly applied, but may
be used by the examiner for guidance. The hearing examiner shall accord such
weight to the evidence as he/she deems appropriate.
3. Documentary evidence may be received in the form of copies or excerpts,
or by incorporation by reference, at the hearing examiner's discretion. The
examiner may require that the original of a document be produced. A party
submitting documentary material at the hearing should make copies available at
the hearing for review by the opposing party.
4. The hearing examiner may take official notice of judicially cognizable facts;
federal, state and local laws, ordinances or regulations; the County's
Comprehensive Plan and other adopted plans or policies of the county; and
general, technical and scientific facts within the examiner's specialized
knowledge; so long as any noticed facts are included in the record and
referenced or are apparent in the examiner's final decision.
5. The hearing examiner may require that testimony be given under oath or
affirmation. All testimony taken by the hearing examiner in an appeal under
section 11.10.170 of the Spokane County Code shall be under oath.
6. The hearing examiner may allow the cross-examination of witnesses. The
hearing examiner is authorized to call witnesses and request written evidence in
order to obtain the information necessary to make a decision. The hearing
examiner may also request written information from or the appearance of a
representative from any county departrment having an interest in or impacting an
- applFCatimn.
7. The hearing examiner n7ay impose reasvnable limitations an the number
of witnesses to be heard and #he nature and length of theEr testirnnny to avaid
repetitious testimony, expedite the hearing vr avoid continuation of the hearing.
8. The hearing examiner may cause the removal of any persvn who ts being
disruptive tQ the proceedings, ar cantinue the prnceedings it order cannvt be
maintained. The eacarrtiiner shall frst issue a vvarraing if practicable.
9. No testimany ar vral sfatemerrt regarding the substance or merits of an
application is alEawable after the ciose of the public hearing. N❑ dacumentary
material submitted after the close of hearing will be cansidered by the hearing
examiner unless the examiner has left the recvrd apen for the submittal of such
material and a11 parties are given an additivnal time to review and rebUt such
,material.
U. Reopening or Continuing Hearings
1. The hearing examiner may reopen or continue a hearing to take additional
testimony ar evidenGe, or other campelling cause, prvvided a final decision has
not been entered.
2. ffi the hearing examiner announces the time and place of the continued
hearing an the record before the hearing is closed, no furfher nvtice is required.
lf the hearing ;s reopened after the c[ase of the hearing, all parties must be given
at least fiive days noticed of the date, tirne, piace and nature of the reopened
hearing,
- 3. MotiQns by aparky for continuous or to reapen a hearirrg must state t'he
reasons therefore and be made as svan as reasvnably possible. The mvtion
must be subrnitted in vyriting unless made at the hearing. Th~e hearing examiner
may continue or re~~~n a hearing on hisfher own motion, ci#ing the reasons
therefQre.
4. If the decisinn of the hearing examiner rests upon issues of fact or Iaw nQt
raised hy either party at timre of hearing, the exarniner shali cantinue andlor
reopen the hearing to a later date to aIlaw the parties an opportunity tv camment
andlor present evidence an thnse Essues of fact Qr law.
H. Dismissal of ►4pplication
1. The hearing examiner shall +canduct the public hearing based an the
campleted application. If the hearing examiner deems that the applica#ian has
been substantially changed since it vvas deemed complete, the examiner shall
dismiss the application with~out prejudice and direet that a new applicatian be
subrnifted by th+e applicarat and appropria#e fees paid therefore. If the hear;ng
examiner determined that the prv;pvsal has beerr changed but not substantially,
the examiner may Gontinue the hearing to give reviewing agencies an appnrtunity
to review the changes made and make recommendations deemed to be
necessary urrder applicable rules and regulations.
2. The hearing examiner may dismiss an appiication pursuant to a request by
the applicant ta withdraw an applieatiQn, or for failure ta the appficant to aftend
required hearings or provide requested cnfarmation. lf the applicant notified the
division of building and planning in writing ofthe desire to withdraw an applicativn
prior #a natice of hearing being mailed to the persons entitied theretv, the dismissal shall be allvwed without prejudice, and nvted in #he application file. If the request fvr withdrawal of an appliGation is received after such na#ice being
mailed and befare a final decisivn is rendered, the applicatinn shall be dismissed
with prejudiGe with the same effect as adenia! of the app[icatiQn on the meri#s, in
that the same or simifar application cannvt be considered by the hearin+g
examiner fvr a vne year perivd commencing with the date #he initial applicativn
was deemed complete.
1. Record of i-Iearing
1. The hearing examiner shall estabIish and maintain a record of all
prviceedings and hearings conducted by the examiner, inciuding an electronic
recarding capable of being accurately transcribed and reproduced. Co;pies of the
recording and any► wriften portivns of the record shall be made aUailable to the
publFC vn request for the cnst of reproduction or transcriptivn, as determined by
the chief examiner.
2. The record shall incl~de, but is nat limited to:
a. the appli+cafiian; .
b. department staff reports;
c. all evidence received or considered by the hearing examiner;
d. the final written decision of the hearing examiner;
e. affidavits of notice for the hearing;
f. the envirarrmental determination regarding the applicativn;
g. the electronic recordings of #he hearings and prviceedings by the
hearing examiner; and
h. the departmental file for the applicativn, if incorparated into the record
by the exanniner.
3. The hearing examiner may authorize aparty ta have the prviceedings
reparted by a court reporter and have a stenographic transcription made at the
party's expense. fihe hearing examiner may also cause the proceedings ta be
reported by a caurt repvrter and transcribed.
4. The hearing examiner shall have custvdy of the hearing recard and shall
maintain such record until the periad for appeal of thE examiner's final decision
has expired ❑r the record is transmitted to court or the board of county
cammissivners pursuant tv an appeal of the examiner's final decision.
J. [~ecision
1. The decisivn of the hearing examiner shall be in writing; include findings
and conclusions hased an the record to support the decision, set forth #he
manner in which the deciSion wDVld carry vut the Comprehensive Plan and the
develvpment regulations in the UDC, and include the contents specified in SVMC
1 7.8D. 130 (3).
2. The hearing examiner shall render a finaE decision within ten (10) warking
days follDwing the canclusion of all testimany and hearings, unless a 1onger time
periad is mutually agreed to in writing by the app~icant and the Examiner.
3. Notice of the decisian shall be provided pursuant to SVMC 17.80. 130 (4).
K. Reconsideration, Clerical Errvrs -
1. Any aggrieved party of record may file a written petition for reconsideration
with the hearing examiner within 10 calendar days fvllowing the date of the
hearing examiner'$ written decision. The petitioner fvr recvn$ideration shall mail
ar vfherwise prvuide acopy of the petitiQn for recansideratian to ali parties of
record on the date of filing. The timely filing of a petetivn for recQnsideratiQn shall
stay the hearing examiner's declSdon llnt9l 51~ch tIC7le a5 the petitf4]n ha5 b2En .
disposed of in vvritting by f'he hearing examiner.
2. The grounds fvr seeking reconsideration shall be lirnited tQ the fmllowing:
a. The hearing examiner exceeded the hearing examiner's jurisdiction;
b. The hearing examiner fiailed to fotilow the applicable procedure in
reachin~ the hearing examiner's decision;
c. The hearing examiner committed an error of lauv;
d. The hearing examiner's findings, canclusivns and1or conditions are nat
supparted by the record;
e. New evidence which could not reasanably have been pr~duced and
which is material tv the decision is discouered; ❑r
,
f. The applacant propased changes to the application in response tv
deficiencies identified in the decision.
3. The petitian for reGansideratian musf:
a. Contain the name, mailing address, and daytime telephone number of
the petitivner, or the petitioner's representative, together with the sEgnature of the
petitioner or of the petitioner's representative;
b. Iderotify the specific fiindings, conclusians, actions, andfor conditaons far
which reconsideratiQn is requested;
c. State the specific grounds upan w'hich relief is requested;
d. Describe the specific relief requested; and
e. 1i1lhere applica'ble, identifiy the specific nature of any newly discovered
evidence ar changes propvsed. 4. The pe#ition for r+econsiderataon shall be decided by the same hearing
examiner whv rendered the decisian, if reasonably available. The hearing
examiner shall prvvide raatice of the decisian on reconsideratian vn aecordance
with 5CC 30.72.062. INithin 14 days the hearing examiner shall:
ar. Deny the petition in writing,
b. Grant the petition and issue an amended decision in ac~ordance with
the provisions of SC+C 30.72.060 following recansiderativn;
c. Rccept the petition and give notice tv all parties of recard of the
appvrfunity to submEt vuritte n camme nt. Pa rties of record shall have 10 calendar
days fram the date of ~such natice in which tQ submit written comments. The
hearing examiner sha11 either issue adecision in accordance with the pravasions
of SCC 30.72.060 or issue an order within 15 days affer the close of the
cvmment perivd setfing the matter for further hearing. If further hearing is
ordered, the hearing examiner's vffice shail mail notice nat Iess fhan 15 days
priar ta the h~aring date to all parties of record; or
+d. Accept the petition and set the matter for further open record he,aring to
consider new eUidence, proposed changes in the applicatian andfor the
arguments of the parties. Nofice of such further hearing shall be maiied by the
hearing examiner's affice not less than 15 day$ prior to the hearing date to all
parkies of recvrd. The hearing examinec shall issue a decision following the -
further hearang in accQrdance wi#h the prvvisivns ot SCC 30.72.060.
5. A decision which has been subjected to the recvnsideration process shall
ravt again be subject to recansidera#ion; prvvided that a decision which has been
revised on reconsideration from any form of denial to any farm of approval with
precvnditivns andlor conditians shall be subject to recarasideratian.
6. The hearing examiner may consolidate for action, in whvle ar in part,
multiple petitions far recansideratian Qf the same decisivn where such
cansolidation wou1d facilitate pracedural effciency.
7. Clerical mistakes and errars arising from oversight or ❑mission in hearing
examiner decisions may be correc#ed by the hearing examiner at any time either
on the examiner's initiative vr on the motion of a party af record. A copy of each
page affected by the cvrrection, with the correction clearly identified, shall be
mailed to ali parties of recvrd. This shall nat extend the appeal perivd fro the
decision.
~
Chapter 18.20
FIEARING EXAM1NER
Sections:
1 8.20.01 0 Authority.
1$.20.020 Appaintment
18.20.030 Powers and Dutees
18.20.040 Remaval .
1 8.2 0.0 50 Ex Parte Communications
18.20.060 Cvnflict of Interest.
18.20.010 Authority.
The hearing exarniner systern i5 est,ablished in aGCordance wi#h the
proviscvns of RC1i1J 35A.63. 170, 36.708.120(3) and Chapter 58.17 RCVIJ et seq.
(Ord. 07`015 § 41 2007).
18.20.020 r4ppvintment
A. The heareng exanniner is appointed by the city manager with regard vnly fvr
qualTfications for the duties of the office. The city manager alterna~ively may
contract for hearing examiner serviGes or may appoint one ar mvre hearing
ex,aminers pro tem.
B. The qualifications fvr the affice of hearing examiner include a license tv
practice law in the state of Washington, expertise in land use Iavv and planning
and the training and ~experience necessary+ to canduct administrative or quasi-
judicial hearings and ta issue decisians and recommendations an lar+d use
,planning and regu1atory mafters.
18.20.030 Powers andDuties,
A. The hearing Examiner shall be under #he administrative supervision of the
Cify Manager.
B. The hearing examiner shall have the fnllowing powers and duties:
1. Annualfy provide a written report tv the city manager, city cQUncil and
director of the community deveioprnent de,partment that states the number and
#ype of hearings conducted and decisions issued during the past year, the
outcome of such decisiQns, recammendations for imprvving fhe hearing .
examiner system, and pertAnent observa#ians and recommendations regarding
Iand use pvlicies and deveivpment regulatians.
2. Upon request, rr~~~t with the city manager, city council or director of
cammunity develaprrrent department ta discuss the written reporf,
3. Receive and examine available informatian, make site visits, take
vfficial notice of rraatters, conduct pu'blic hearings, prepare a record thereof, and
enter findings, decisions ar recammendativns.
4. As a part of the conduGt of public hearings the hearing exarniner shall
haue the authnrity to: a. Cvnduc# pre-hearing conferences;
- b. Require the submittal of informativn;
c. Schedule and cantinue hearings; d. Rule vn all evidentiary and procedural matters, including motions - and objectiorrs appropriate tv the prvceedings;
e. ReceiUe evidence and cause preparation of the record;
f. Regulate the cvurse of hearings and the conduct of the parties and
their agents; .
g. maintain order during the hearing process;
h. render dec`sions and issue written findings and canclusiQns;
i. include in a decision the canditivns of approval necessary to ensure
that the applicativn cvmplies with the applicable criteria for its appraval; and
j. Revvke any approval far failure to camply with the cvnditions
imposed by the hearing examiner where specifically authvrized by fihe UDC ❑r
state law. 5. The h+earing examiner shall hear the fallowing matters:
a. Applicativns for varianCes;
b. Conditivnal use permits;
c. Special use permits;
d. CvnditiQnal use permits and variances under the shoreline master
program;
e. Preliminary plats;
f. Appeals from any administrative decision of the department of
carnmunity develapiment or the building afficial in the administration or
enforcement of the Spokane Valiey uniform develaprrient cade or other land use
~
code or regulativn;
g. Appeals an State Environmenta! Palicy Act (SEPA) determinativns;
h. Si#e-specific zvne Ghanges of prQperty, including any environmental
deferminattivn (under SEPr4);
i. Planned unit deVelapments, including any enUiranmentaf
determinatian (under SEPA); and
j. Any other applicativns or appeaSs that the city cvuncil may refer by
mvtion ar ardinance, specifiGally declaring that the decisivn of the hearing
examiner can be appealed to the city cvuncil.
6. All hearings before the hearing examiner shall be scheduled and
cvnducted in the rnanner set forth in Appendix B.
7. Appea4s of any decision of the hearing examiner shall be as is set fvrth
tin Chapter 17.90 SVMG. (Ord. 07-015§ 4, 2007).
18.20.040 R+emoval
The hearing examiner or hearing examiner prv-tem may be removed by the
city manager vvithaut cause; or, if serving under a contract, according to the
terms Qr upon its expirativn.
18.20.050 Ex Parte Communicativns
A. Nv person may communicate ex parte, directly or indireGt1y, with the
hearing examiner. The hearing exara^riner may nQt cammunscate exp arte with
opponents or proponents of aray applicatian unless #he hearing examiner make
the substance of such communieatian part of the public record and pravidies fhe
opportunity for any~ ~arty to rebut the substance of such cammunication as
provmded by law. Thehearing examiner may reopen the hearing record prGOr to a
final decisiQn tio address such matters.
B. This section daes na# prohcbit ex ,parte cvmmunacation regarding
procedura1 matters, communACativn hy the hearing examiner with hislher staff ar
the city aftoeney's office, comrnunacation 'by the examiner for the sole purpose of
canveying infarmatian regarding fhe specifics of an applicatian, nr
cornrnunication ay the examiner with county departments for thepurpose of
obtasn%ng enformation a~ clarsficationy sv lang as the infarmation or cBaroficatian
received by the examiner is made part of the record.
18.20.060 Gonflict of !Interest
The hearing examiner may not participate in a publ'ic hearing, ~or decisipn-
making prvcess where such participation wou1'd constitute a confiCict of interest,
pursuanf to chapter 42.23 IRM Sami6arly, they may not partacipate in a public
hearing ❑r decisionwrnaking process vvhere such pacticipato~n would vialate the
appearance of fairrress doctrine, sef farth in chapter 42.36 RCW, unless the
parties to such hearing or decision Gonsent to ar vvaive their right to object to
~sucn ~art'icipatian.
-
CO Tl( ~ ~ SPOKANE 11AL LEY
. Reques# for Council Action
Meeting Qate: June 9, 2009 City Manager Sign-aff:
ltem: Check all that apply: Q consent oId business new business D public hearing
❑ informafion 0 admin. report 0 pending legislation
AGENDA [TEM TITLE: Appieway Negotiativns
GQVERNING LEGIS~ATIUN:
PREV[C]US COUNCIL AGTI+QN 1`►4KEN:
BACKGROUND: QiSCUSSiansfupdate on negotiations regarding Appleway Corridar
RECOMMENDE[] ►4CTION OR M4T'IC)N: NIA
BUDGETIFiNANCtAL IMPACTS. None 6rt #he short term, unknown 1ong term.
STAFF CONTACT: Nfike Corrnelly, City Attorney
,
UFFICE OF THE CITY ATTURNEY
S crrY o~ ~c~L F. CorrrrELLY - cI~ ArraRrrEY
p~koane CARY P. DiRISKELL - DEPUTY CITY ATTQRNEY
- ~
-
Valley 11707 East Sprague Avenue Suite 103 ♦ Spolcane Valley 1NA 99206
509.688,0235 ♦ Fax: 509.688.0299 ♦ tityattomey@spokanevalley.org
_ demorandum
To: Mike Connelly, City Attorney; Cary Driskell, Deputy City AttQrney
Frvm: Ian Whitney, Legal Intern
C+C:
Date; June 1, 2009
:Re: Salid Waste Management - Executive Summary
1. INTRO1]TJCTIC7N
A. Background - The City of Spokane Valiey has, pursuant to an interlocal agreement, entered into The
Spaka,ne Regianal SoIid Waste System ("The System"), which was created mare than 24 years aga.
Since the agreement wi11 expire soon, the City has beem reviewing the System's governing strvctures,
interlocal agreements, and averalt perf'onnrn~ance.
The System was created in 19$8 by interlocal agreement behween the City of Spokane and Spokane
Cvunty. The City af Spokane agreed to manage the System and deliver waste to the System through its
garbage utility, and the Caunty agxeed to adopt a Flow Cantrol Qrdinance. Subsequently, aIl vther
incorporated areas vf the Gounty also became partners by entering into interlocal agreements with the
City and Caunty and gvaraateeing their solid waste to the System. A number of System bonds were
issued to finance the incinerator, transfer station facilities, and to fmance clasure of the vId la.udfiils.
Revenue from the tip fees charged to customers throughout the County has been used to pay for the debt
service on the bonds.
The last of the System bands will be retired by I3ecember 2011. Ali existing contracts with the System
will also expixe in 2011. These contracts include; ogeration of the incinerator, lang-haul of ash and by-
pass materials, electricity, compvst and the sale af recyclabies. Finally, in 2411 the interlacal agreements
with Spokane Valley and Liberty Lake will expire.
II. The Goveminp- Sirucwres that Control and Affect the 5olid Waste Swstem
A. Spakane Regronal Solid Waste System - The System was farmed in 1988 by an interlocal
agreement between Spvkane Caunty and the +City of Spokane. The purpvse of the System is to
Qperate solid waste dispasal, recycling a.nd maderate risk waste facili#ies, provide fvr effectiwe
implementatian Qf regional sviid wa.ste policies, and to develvg salutivns to regianal solid waste
management needs. It is not and does not aperate as an autonomaus agency. 4riginally, the
System Director reported to the Spokane City Manger, but now the Sys#em Directvr reports to
the Spvkane City Public Warks Directar. IVSany System vperational decisions, such as
imgrovements to the incinerator, transfer stations, and the City's hiorthside Landfill, are
implemented vvithout input from any other System partners.
The System is directed to perfvrnn regianal planaing and operations functions pursuant to the 1988
agreement, as weIl as additional wterlocal agreements and amendments between Spokane County, the
1
970+6.Q0
City of Spokane, each of the vther regional cities, and Fairchild Air Force Base. City af Spokane Valley,
subsequent to its incarparation, signed solyd vvaste management interXacal agreements with the Gity of
Spokane and Spokane County. These interlocal agreernents abligate the System to conduct svlid vvaste
disposal and related planning activities far these jurisciictians.
The System is responsible for vperating System facilities and making all operativnal and
administrative decisians, except fvr maj or decisions which must be made by agreement between
the City of Spokane and Spokane Caunty. Policies and issues of interest to a.Il gavemments are
brought forward to the Spokane Regional 5a1id Waste Liaison Baard for discussivn.
B. Spokane Regaonal Salid YYaste LiaisQn 8~ard - The Spokane Regional Solid Waste Liaisvn
Board ("Liaison Bnard") is the policy board regarding System operations and Cvunty-wide solid
waste issues. This baard daes not have legislative decisivn-making powers but makes
recommendativns tv the Spokane City Cauncil 'and the Board of County Cvmrnissianers when
legislative authQrity is required. The Liaison Bvard consists af two representatiVes from the City
af Spokane, two from Spokane County, one from the City of Spokane Valley, and vne
representative for the sma.11 remaining cities. 7'he terms af Liaison Board members are nat set
for a specific period of #ime. The members are elected officials serving at the diseretian af their
respective legislative bodies, except for the small city xepresentative who is selected by the
consensus of the small city mayars. The board is required to meet quarterly ar as agreed ta by the mernbers. Currently, the boa.rd meets six times per year.
C. Solid Waste AcdvisQry +C'ommittee - The Solid VlTaste Advisary Ccrmmittee ("SWAC") is organized
pursuant to The aolid Waste Manageanent - Reductivn and Recycling Act (Ch.70.95 . T65 RCW), tivhich
specifies the formation, rales, and membership vf Cvunty SVSTACs. SWAC members are appoAnted by
County Cammissivners, rvho limit membership to two 4-year terms. Spokane Caunty has had a standing
SWAC s%nce preparativn of the 1984 Spokane County Solid YYaste Managernent Plan (Parametrix, 1984).
In Octvber 2006, fhe County passed a revised resalution establishing a Solid Waste Advisvey committee
to increase membership from 9 to 15 members, 3fram each of five categories: citizens, business, waste
manageranent industry, Iacal elected pub1ic offlicials, and public interest groups.
The SWAC provides a fflrum fvr public input firam constituents in the glannang area. Nivreover, the
SWA+C revievvs and ac#ively participates in preparation of the PYan in an advisary capacily, and facilitates
the Plan's adoption by jurisdictians and acceptance hy the public. The SWAG may review and eomtnent
upon proposed rules, policies, or ardinances prior to their adQptican. Further,more, SWAC had been
working on up+dating the Comprehensive Sv1id VV'aste Mannagement Plan (Plan), which it submitted ta the
I)epartment of Ecology for final review. Tn the course vf working on the plan, SWAC concluded that the
, mcast important issue for Spokane County rs the £vrmation af a new regional govemance body for the
5ystern, and that it be irmplemented as svon as passible.
The SWAC bas revgewed and discussed severai drfferent patential gvvernance structure vptians for the
System, which can be found in the full memv.
TI, ADMINISTRATION OF THE GLIRRENT SC]LID WASTE SYSTEM
A. Spokane Regiancrl SoIfd Waste Systerra Administrution o,f Solid Waste - The Spokane Regional So1id
Waste System, a department of the City of 5pokane, was created hy the Interlvcal Coaperation Agreement
between Spokane Cvunty and thg City af Spokane on October 11, 1988.
The System is a department of the dCity of Spvkane's governnaent under provisivns of Spokane Municipal -
Code 13.02.0112. Tt is under the genera] direction of a.n.n executive directar, whfl is appointed by the
Mayor. The executive director is responsible for all 5ystem operativns except for direct supervision of
. Z
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- Systern facility operatians staff. 5ystem facilities are staffed by City of Spvkane Solid Waste
Management employees who are under the direct superyision of the director of the Salid Waste
Management department.
I11. Nature and Scone vfInterlocal A2reements
A. Interlocat Agreements - The Re,gional Gity Interlocal Agreements are covperative agreements signed
between 1989 and 1991 for develaping a coordinated salyd waste management p1an, providing a regiQna1
tipprng fee, and for ensuring ~disposal of waste generated 'Ln incarporated areas at System facilrties. .
w Except for Liberty Lake and 5pnkane Valley, these interlocaY agreements automatically renew far ZQ years
at the end of the initial terms (bet,wee~ 2014 and 2016) unless either party chooses not ta renew. The
cixies of Liberty Lake and 5pakane Valley and Liberty Lalce executed agreements with snmewhat
different tenms. Their interlacal agreements expire in 2011 or when the laands are paid ofF
N. 5pvkane Reizional5alid Wasite Svstem Performaaace Audit
A. Bcrckground of Audit - Zn 2007, Baard of Cvunty Commissianers requested an independent
performancelfuiancial audit of the Systern, to be financed from the System budget. The Ci1y concurred
and a scope of work was develaped t.hat was mutually acceptable to the City and Caunty.
The tiverall gaal of the audit is tQ identify opportunities that wi11 imprvve the System's efficiency and
effectiveness, as we11 as its accvuntability ta the City of Spokane, Spokane Cvunty, and the Regional
Cities. The audit will pravide a specific assessment of how welY the System is doing, and what can be
impraUed. The Technical Work Group, which includes City of Spokane Va11ey's Neil K.ersten, is
averseeing the perfonnance aud'rt of t,he 5ystem. In October 2008, the Group selected cansultant Camp,
Dresser and McKee ("CDM"). The audit wi11 include a firiancial and performance audit, as vve11 as a
cornparison with other systems around the cvunkry. C)n recammendatian of the Salid Waste Li,aisan
Board, the scope of the proj ect was reduced to avoid redundancy with a financiar audit that the State
Auditor's C}ffice is currently performing. The audit is scheduled to be camp7eted Qn Septernber 15, 2009.
The scape of fhe audit is discussed in the full memo.
B. I)elivery of Audit -CDM will prepare a draft written report surnmarizing its ~'indings on the 5ystem
aperations and financials. 7'he report wil1 include appropriate tables, graphs and photographs frorn the
facility inspectians. The report will a1so include a summary of +CDM's canclusions from the performanee
audit as well as any recammendations regarcling operatianal changes andlor System modif cations that
could patentially irnprQVe operatians, increase revenues andlar reduce custs. The carnpietion date for the
graject is 5epternber 15, 2009.
V. 5uakane Vallev5olid Waste Franchises
A. Sunshine Dispasal, Inc. rOn March 25, 20484he City of Spakane Valley passed Ordinazlce NumUer
08-003, which effectiveIy granted Sunshine I3isposa1, Inc. a seven-year franchise extensian ta pravide commercial garbage and refuse callectivn seruice within the City begin.ning on March 10, 2008. This
ardi:nance also gave approval tv ,give notice of terminatian thraugh the Washington LTtirities and
Transportatian Comnissran. Sunshine's franchise 5wi1l terrninate on March 10, 2015.
S. Waste Managernent of Washingtan, Inc. - C]n Fe'bruary 25, 2008, the city issued a seven-year notice of
tennination of a Gommercial and residential garbage callection agreernent. This notice became effectiVe
March 10, 2008, and will terminate the agreement M[arch 10, 2015. This ordpnance alsa gave approval ta
give n:otice of termination through the Washington Utilities and Transportation Commission,
3 .
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- OFFIC~ OF ITHE CT'I'Y ATT(3RNEY
. Cr['Y oF MICHAEL F. CaNNELLY - CITY ATTORNEY
CAtY P. ARTSKELL - T]EPUTY CITY ATTQRNEY
OValley 11707 East Sprague Avenue 5vite 103 0 Spokane Valtey WA 99206
509.588.0235 0 Fax: 509.688.0299 ♦ cityattorney@spflkaneValley.org
_ . _ 3 . . . _ . . . . .
_'Aem~ra~ dum
T~a: Cary Driske1l, Deputy City Attarney
From: Nate Peterson, Legal Intern
CC:
Date: 3une 3, 2009
Re: Memarandum
Question Presented:
What are the goveming structures and interlacal agreements that manage the sarid waste system
in Spokane Cvunty, and what is the scope of the audit af the system in terms af what wili be
eualuated and when the audit wi.ll be +conducted. Brief lAnswer: -
The sg1id waste system is governed by seve_ral different entities and encampasses several -
interrvcal agreements among Spokane Caunty and t,he municipalities within it. The audit of the
system will fvcus on the systern's financials and its performance relative to ather solid waste
marragement systems. The audit is scheduled to be complete on September 15, 2009.
I. INTRODUCTION A. Background
The City vf Spokane Valley has, pursuant to an interlocal agreement, entered into Th+e Spokane
Regional Solid Waste System ("The 5ystem"), which was created more than 20 years ago. 5ince
the agreement wil1 expire soan, the City has been reviewing the System's governing struetuures,
interlQCaI agreements, ara.d overall perfornance.
iT`he System was created in 19$8 by interlocaT agreernent between the City af Spokane and
Spokane Courity and amended in 1989. See Tab 1. The Agreement was later ainended in 2045.
See Tab 2. The City of Spokane agreed to manage the System and deliver waste to the 5ystem
through its garUage utility, and the County agreed to adopt a Flaw Control Ordinance.
Subsequently, all othex incvrgarated areas af the County also became partners by entering into
interlaGal agreements with the City and Coui.nty and guaranteeing their so1id vvaste to the System.
A number ❑f System bonds were issued to finance the incineratox, transfer stativn facilities, and
closure of the old landfills. Revenue from the tip fees charged to custvmers throughaut the
County has been used to pay fQr tihe debt service on the bonds.
1
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.
- The last of the System bands will he retired by December 2411. All existing Gvntracts with the
System will a1sa expire_in 2011. These contracts include: opexativn of the incineratQr, long-haul
.
of ash and by-pass materials, electricity, compost and the sale of recyclab1es. Fina11y, in 2011
fhe interlQCa1 agreements with Spokane Va11ey and Liberty Lake wiI1 expire. (White Faper
Regivnal So1id Waste Governance July 2008, Tab 3; Draft SQ1ici Waste Managernent Plan, CI7 tv
be provided by staff)
B. Background an Current Salyd YYaste Managertaent Plan pursuant tQ Chapter 70.95 RCW, each cQUnty and city located withira asa1id vvaste management
systern is required. to prepare a comprehensive salid waste management p1an. Municipalities
must fi~lfill their owm solid wasfe plarlnirzg responsibrlities and submit them for inclusican in the
caunty plan. Cities may prepa.re their ovvn plan, participate with the cQUntty in the plarning .
pr4cess, or authorize the caunty or araather city to prepare a plan for them as part of the
comprehensive cvunty plan. MunicipaIities must aciopt a complete plan #hrough a farmal
adoptian proeess. a city elects to prepare its vwn pla_rr, it must obtain its awaz fuixding and
arrange far the dispasal of the vvaste generated withxn the jurisdiction. Solid waste management
plans must be xeviewed every five years and modried as necessary. Mareouer, plans must
consider a 20-year planning timeline.
The 2007 Spokane Cnunty Carnprehensive Waste Management Plan (2(307 Plan) documents
ctrrent waste management pa1iGes and handling methads, and esta'blishes a waste management
framework to guide the Cflunty. It updates the previous plan, the 1998 Spokane +County
Comprehensive Solid Waste Management Plan, and i~ the product of cansiderab1e public
participation from 2005-2007. The timing of the 2007 is importan.t since recommendations must
conform ta regianal bond obligations and new soTid waste management Qppartunities for after
retixement of the bonds. For example, a,grant fram the Washingtvn State Department of Eco1ogY
and municipal bonds were acquiared ta fu.nd the closure of non-campliant Iandf~lls and the
construction of cvmpliant system so1id waste, recycling, and moderate risk waste facilities.
Although System facilities and prograrns are designed to serve the needs of residents and
businesses cQuntywide, the City of Spokane is responsible for repayment of the bonds, scheduled
for retirement in 2011.
The System directed a.nd prepared the 2007 Plan update. Guidance and reconunendations were
provided by representatives from regional cities and the County, the Spokane Regional Salid
Waste Liaison Board, the 5o1id Waste A.dvisory CQnunittee, the Stakeholder Input Comnittee,
and the general public. Ecvlagy provided additianal guidance during the planning process.
(Draft Solid Waste Management Pran)
AIthough the final dra.ft of the Svlid Waste Management Plan (referred herein as the Draft 5olid
Waste Management PIan) is complete, the timeline and pracess for adoption of the P1an is spread
vut over the next several months. Adoption by the Cvu:nty Comnissioners, was scheduled for
May 26 and adoptiari by the Municipalities is scheduled fio take place hetween May 27 and
September 29. Finally, xeview by the Department -of Ecology is scheduled t~ take place between
2
.
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September 20 and Nvvember 13, with anticipated approval by the Departrraent scheduled for
November 13. (Spokane Regional Solid Waste System Master 5chedule, Tab 4)
II. The GcrverninE Structures that Cnntrol and Affect the Solid Waste Svstem
.
A. Spakane Regianal Snlid Waste System
T h.e System was fanned in 19$8 by an interlocal agreement between Spokane Cvunty and the
City af 5pvkane. The purpose af the System is ta operate solid waste dzsposal, recyclir4g and
moderate risk waste facilities, pravide for effective irnplementativn of xegivnal solid waste
poliGies, and ta develop solutions to regional solid waste management needs. It is not and does
nat operate as an aufanomous agency. Originally, the System Directvr reported to the Spokane
City Ma:nger, but now the System DireCtor xeports tv the Spokane City Public Works Director.
Many System operatiana.l decisiQns, such as irnpravements to the incineratar, transfer stations,
and the +City' s Northside Landf l1, are implernented withvut input frorn any other System
partners, .
The System is directed to perform regianal planning and vperativns ftinctions pursuant ta the
1988 a.greement, as well as additional interlocal agxeements and amendments between Spvkane
County, the +City of Spokane, each of the otlrier regiQna1 cities, and Fairehild Air Force Base.
City of Spokane Va.Iley, subsequent tv its incarpQration, signed solid waste managemen.t
interlocal agreements with the City of Spakane'and Spokane County. See Tab 5. These
interlocal agreements vbligate the System to cvnduct solid waste disposal and related planning. -
activities for these jurisdictions.
The System is responsible for operating System facilities and makking al.l operational and
administrative decisions, except for rnaj or decisions, vvhich must be made by agreement between
the City of Spoka:ne and Spakane County:
- An expansian of t:hie Systcm"s service territory to include use vf the System by persons
ar interests outside of Spokane +County,
- Ainy discretivnary modificativn of the System cvsting more tha.n $1 millivn;
- Majvr changes in the Vil"aste-to-Energy (WTE) Facility cvnstxuctivn contract vf rnare
than $1 million, ar increases in annual opera#ing costs of more than 5%;
- changes in the tipping fees vther fihan thase necessary ta fulfill the bonding vf the WTE
Facility or to cover landfill closure costs;
- 5iting and selection vf any publicly-awned transfer stations;
- Adoption and implementation vf a Cvunty-wide solid waste reduction, xecycling, litter
control, ar dangerous waste disposal program;
- 5iting and selection of any regivnal landfill used for solid waste; and ~
3
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i
o The adoption, development, and implementatian of aCounty-wide dangeraus waste
dispvsal program.
Palici~s and issues of interest ~o a11 gvvermments are brought forward to the Spokane Regianal
Solid Waste Liaison Baard for discussion, (Draft Salid Wa~~e Management Plan)
B. Spokane Regaonal Solid Waste Liaison Board
The Spokane R.egional 5o1id Waste Liaison Board ("Liaison Bvard") rs the policy board
regarding 5ystem aperations and County-wide solid waste issues. This board does xaot have
legislative decision-making powers but makes recommendations to the Spokane City CQUnci1
and the Board of County Gommissinners when legislative authority is required. The Liaison
Board consists of tvvo representatives from the City of Spokane, twa from Spokane Caunty, ane
from the City of Spokane Valley, and ane xepresentative for the small remaining cities. The
terrns of Liaison Bmard members are not set fflr a specific period of time. The members are
elected off'icia1s serving at the discretion of their respective legislative bQdies, except far the
sma1l ci°ty representative who xs selected by the consensus of the small city mayvrs. Tndividual
autharities and responsibilities for aperational and policy decisions of the County and the City of
Spokane are provided for in other parts of the Interlocal Coaperatian Agreement. The Baard is
required tv meet qua.rxerly or as agreed to by the mem.bers. (I3raft 5olid Wasfe Management
Plan)
C. Solid Waste Advisory Committee
The SoIid Waste Advisory Cvrnrnittee ("SWAC") is organi2ed puxsuant ta The Solid Waste
Management - Reduction and Recycling Act (Ch.70.95.1 b5 RCW), which specifies the
fortnatian, roles, a.nd mern'bersh.xp of Caunty SWACs. SWAC members ai.e appainted by Caunty
Commissianers, who limit membership ta twa 4-yea.r terms. 5pokane County has had a~tanding
SWAC since preparatiQn of the 1984 Spakane County Sodid Waste ManagemeMt I'lan
(Parametrix, 1984), In Octaber 2006, the CDUnty passed a revised resolution establishing a Solid
Waste Advisory committee to increase mernbership from 9 to 15 members, 3 frarri e~ch of f~ve
categaries: Gitizens, business, waste managernent industry, lacal elected public officials, and
public interest graugs. The chairpersQn of the SWAC reports tm the County Commissioners.
The S'V►r'AC provides aforum far public input fram constituents in the planning area. Moreaver,
the SWAC xeviews and actively pa~icxpates in pxeparation of the Plan in an advisory Gapacity,
and facilitates the Plan's adoption by jurisdictions and acceptance by the public, The SWAC
may review and comment upan praposed r-a.les, policies, ar ordinances priar to their adaption.
Furthermore, SWAC had been working on updating the Corrnprehensive Solid Waste
Management Plan (Plan), whh7ch it submitted tQ the Department of Ecalogy for final revievv. In
the cnurse of working on the plan, SWAC concluded that the most impartant issue far the region
is the formation of a new regianal gavernance body for the System, and that it be implemented as
-
soon as possible. (I7raft Solid Waste Management Plan)
4
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The SWAC has revievved and discussed several ~ifferent patential future gDVernance structure
optians for the System- -
1. Existing System: continue curxen# sys#em with City of Spokane managing atad
municipalities, Via interloca.I agreements, would agree to direct a11 solid waste genexated within
their bounadaries to the System; County agrees to exert flow contxoi over waste generated in the
unincarporated areas, to designate the 5ystem as its so1e disposal site, and to not per.nit a.ny other
disposal sites. The Cvunty Ruther agrees to prQVide substitute waste vr the economic equivalent
under eertain limited circurnstances where flotiv contrvl is unenforced ar unenforceable, and as a
result the System is operated at a reduced capacity. .
2. Strong Liaisvn Bvard; continuation of current system, but revise Liaissn Board
rnembersh.ip to b+e praportioraate to population of ratepayers and increase Liaison Board powers.
Increased powers would include establishing policies, approvi:ng budgets, setting tipping fees,
hiring andJJar discharging the director.
3. Couni`y System: management is shifted to Spokan.e County and System is aperated as
department of the Cvunty, with direct cantrol by BoCC; municipalities waulcl continue to agree,
via interlacal agreements, tv direct alI solid waste to the System.
4. CQUnty Disposal District: a disposal district wvuld be created with the power to Go11ect
an exeise tax firom #.hose living in or operating a business within the district to suppart the costs
❑f snlid waste disposal, subject to RGW 36.58.140, which exempts property prociucing -
cammerci~ garbage if the owner is praviding xegular collection and dispasal; IJistriet wauld
operate un.der cantrol of BoCC; munacipalities would be included within the district by
resolutian of the goveming body; director and staff wvuld be employees of distriGt.
5. New Regional Authority: a regiona1 autharity wfluld be created via state 1aw, vvith a
goveming Bvard of Directors, whiGh cauld be elected officials, appointed by e1ected officials, vr
even anewly elected body; directvr and staff would be emplvyees of the authority.
6. Non Profit Organizatian (it is unclea.r whether this altemative has been concretely
defined with any specif city).
(Russ Menke, Memo Re Reg. Gov. A1t., 212512409, Tab 6)
D. Stakeholder Input Committee for 2008 Salid Waste Management Plan
A atakeholder Tnput CvmmYttee {SIC} was farmed to braaden participativn, engage various
viewpoXnts, abtain Gvmments, and pravide an additional vpportunity for intereste+d parties to be
involved in the decision-making process related ta the 2008 5olid Waste Nlanagement Plan. SIC
aperated warkshops designed fvr the region's political, professional, and technical solid waste
stakeholders, with core participants including regzana1 govetnment representatives, SWAC
members, and System staff. Braader technical input was svlicited from ather Qrganizatians, such
as solid waste and recycling industxies, public agencies, the scientific cammunity, enviranmental -
groups, and other pertinent community a.nd business interests as topics of their expertise were 5
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discussed. WarkShops were held on a monthly basis priar to SWAC meetings, which gave SrC
members an opporhuzity to provide input to S`►7VAC in evaluating dirafts of the 2008 Solid Waste
Management Plan. (Draft Solid Waste Maaagement Plan)
II. ADMINISTRATION OF THE CURREN'T SOLID WASTE SYSTEM
A. Solid YYaste Systern Admrnistrataon in General
An integrated, cvunty-wide so1id.waste ma.nagement program in Spokane Cau.nty is currently
managed by the System. There a.re, however, a number of different governing jurisdictigns wvha
axe responsib1e fQr administering aspects of solid vvaste activities in 5pokan..e County, and whose
activities irxapact the success ❑f this progxam. rurisdictivns invvlved in Spokane County svlid
waste inGlude. -
Washingtan State;
-
- 5pokane County,
~ Spokane Regianal Solid Waste System,
- City of Spokane; .
- Regional Cities (Airway Heights, Cheney, I7eer Park, Fairf eld., Latah, Liberty Lake,
Medical Lake, Millwood, Rackford, Spangle, Spokane Valley, Waverly); and
` - Fairchild Air Force Base.
rn addition, the fallowing entithes haWe specific ro1es in solid waste management:
-Spakane Regional Solid Waste 5ystem Liaison Baard ("Liaisan Board," originally
ca11ed the Spokane RegiQnal Solid Waste Disposal Proaect Folicy Cvmmittee);
- 5pokane County Solid Waste Advisory ~ommittee; and
- Spokane Regianal Health Dxstrict.
Furthermore, priWate entities have specific, impartant solid waste management roles xn the
County. These businesses include soTid waste reuse and recycling, callection, and disposal
businesses and are described in the previous sections of this Plan. A brief clescriptivn Qf the zoTes
a..nd respansibilities of each jurisdictianal participant follows. (Draft Solid Waste M[arragement
P1an)
B. Washangton State Administration ofSa1id Waste
RC'UV 70.95 gives the Washingtan State Department of Ecology (EcologY) authority fv
' promulgate salid waste xegulations, review and agpeal f'acility pernaits, and approve salid waste
6
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management plans. These regulations are set forth in Chapter 173-350 WAC and are called t.he
Mizaimum Functiona.l Standards. Regulations are a1so included in Chapter 173-350 WAC Svlid
Waste Handling Standards, and Ghapter 173-351 WAC Criteria for Municipal Solid Waste
Landfills.
Jurisdictivnal health departments have the authority tQ permit solid waste ha.ndling facilities and
to set standards that must be at least as strict as the state standards. Na penmit rnay be issued far
a facility that is inconsistent with an approved salid waste manag+ement plan. The state has
provided pa.rtial funding fox various salid waste planning a.nd prvj ect development activities
through grant prograrns administered by Ecology. In Spokane Cvunty, grant funding vvas made
available tQ assist in fanding construction of the WTE Facility and for development and
implementatimn of waste redu:ction, recycling, moderate risk waste, and comprehensive svlid
waste planning programs. State funds are also made aVailable to the SRHU for svlid vvaste
disposal facility inspections and related aclministrative expenses.
The State alsv regulates certain solid waste cvllection services thraugh the Washing#on Utilities
and Transportation Cammissivn (WTC). Private garbage collection companies servirng
unincvrparated a.reas and those municipalities that default to the County's authvrity an solxd
waste collectiQn are regulated by thc WUTC. The WUTC gxants franchises and sets rates and
types of service. WUTC authority does not automatically extend ta callection in cities and
towns. The WUTC also reviews portians of the comprehensive solid waste management pla.ns.
(Draft Solid Waste Management PTan)
C. Spnkane County Administratian o,f'So1ia' Waste
Spakane Cvunty formerly owned the Mica Land~'ill, Colbert Landfill, and Greenacres Landfill.
With t.he signing of the Interlocal Couperation Agreement with the City of Spokane, the Cvunty
no 1anger awns vr operates active waste handling facilities. Under that agxeement, the County is
responsible far ensuring delivery of waste from unincorpQrated areas ta the System facilities and
may not site or permit any new dispvsal facility, such as a Iandfill, unless it is designated as a
System facility. The Cvunty reviews the System's budget each year, and any of the fallvwing
"major decisians" faced by the System must be agreed ta by both the City and the Caunty:
An expansion of the Systern's service territoxy ta include use of the System by entities located
autside the Caunty:
- Discretionary mQdificatians of the System costing in excess of $1 miilion;
- Nlajar changes in the canstruction cantract for the WTE Facility;
-Any charage in tipping fee amounts or camponents other than changes made to fulfill
bonding Qr closure requiremenfs;
- Siting and selection of any publicly owned transfer statiQns;
7 9706.0fl
-Adoptian and inlplementatian of a county-wa de solid waste reduction, recycling, litter
control;
Siting and selectian of any regiflnallandfill used far salid waste; and
- The adopti+on, devel,apment, and implementation of acvunty-wide da.ngerous waste
disposal program.
The Lnterlocal CoQperation Agreement +contains laziguage whiGh prvvides that it automatiGally
renews in 2014 far anather 20-year terrrn unles~ the City of Spvk~e and Spak~~ County agree
not to renew it. This interlocal agreeznent can be revised ar terminated onry if both the City of
Spokane and the Cnunty agree tQ the revision or tennination of the agreement. As 1Qng as
jurisdictians continue to be a part of the 5ystem thraugh their interlocal agreements, the City of
Spakane must provide to those jurisdictions' citizens the same disposai serviees as Czty of
Spoka.ne eonstituents and at the saine costs. '
Chapter 36.58 RCW authorizes the Cou.nty to designate dispasa.1 sites for a11 salid waste
callected in the unincorparated areas of the County. In 1985, the County established a flow
control ordinance (Ordinance No. 85-0395) as Chapter 8.56 of the SpQkane Cauniy Code. The
original ordinance has been mDdiied thhree times (Ordinance Numbers 8$-1268, 92-1500, a:nd
95-0481). The flovv control ordinance provides that a11 sa1Ad waste generated and collected in the
unineorporated areas of Spokane Couraty shall be disposed of at sites designated by the County.
In the Infe~loca1 ~ooperation Agreement, the County designated the System as its sole disposal
site at all times that the System is in operation. The agreement dxrects that the County sha.ll not,
directly Qr indirectly, site vr permit to be sited any so1id waste disposal site other than the
System, and shall enforce t1~e Flaw Cvntrol (]rdinance continuausly. Waste flow contxol in the
regional cities and Fairch7.ld Air Farce Base is established through the regional cities interlaeal
agreernents. These agreements state that salid waste collected within the bvundaries of each city
or the Base will be delivered ro the System fox disposal. (Draft Salid Waste Management Plan)
D. Spokane Regional Solad Waste System 4dmini,strcrtaon of Solad YYaste
The 5pvkane Regional Solid Waste Systexn, a diepartnent of the City of Spokane, was created by
the Interlocal Cooperation Agreement between 5pakane Cvunty and the Gity of Spokane an
October 11 , 198$. System facilities consist of a11 property owned or acquired by the City for the
following puzposes:
- Disposal of svlid waste generated yvithin the 5pokane County's boundaries for the
benefif vfthe County and a11 jurisdictions within;
- Management of solid waste generated and collected elsewhere and delivered to System
facilities for dispnsal flr recycling,
The System includes: - The Northside Landfill
$ "
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- The vvTE Facility -
- The Colbert and Spoka.ne Val1ey txansfer stations
-Recycling and household hazardous waste facilities loeated at the WTE Facility and
transfer stations
- The Malloy Prairie ash la.ndfill site
- The Colbert regional compost facility site (currently inactive)
- The City of 5pokane refuse callection system
- The xights of the City to dispose of ash, bypass, and nonprocessible waste from the
System facilities at non-System landfill sites (i.e., agreement with FDC fox disposal at
the Roosevelt Fkegional Lanndfill)
The System is a department of the City of Spokane's gavernment under proaisions of Spokane
Municipal CQde 13.42.0112. It is under the general direction of an executive directflr, who is
appointed by the Mayor. The executive director is responsibre fQr all System vperations except
for direct superWision of System faeility operations stafF 5ystem facilities are staffed by City of
Spokane Solid Waste Management emplayees wha are under the d1T'eCt SL1perV151QI1 of the
_
director of the 5olid Was#e Management departrnent. (Draft 5olid VVaste 1'vlana,gement Plan)
E. City Qf ,spnkane ,4dministration of Sorid LYaste
The City of Spokane Mayor perforns the normal funcctions of an eTeeted chief executive vver the
System, including pvwers of appointrnent, supervision and dismissal of the directar who directly
manages the System. The Mayur pxopases the aauxual budget for the City, which includes the
5ystem budget and System rates. The Maynr also has veto power over ordinances gassed by the
Spakane City Council affecting the System's operations and palicies.
The City of Spokane's leg;islative function is performed lay the Spokane City Cvuncil. The
5pokane City Cou.ncil confirms the Mayor's appointment of the System director and appxoves
the 5y~tem's budget and rates, except for tipping fees wh.ich a,re su~ject ta final ,appraval by
SpDkane County as a"majar decisisn" under the 1988 City-+County Interlocal Cvvperation
Agreement. The Sp4kane City Council also enacts Qrdinances gaverning System operatians,
subj ect to the Interlocal Agreernent.
~
The City of Spokane is vbligated under the 1988 Tnterloca1 Agreement to ~'inance certain System
capital improvement5 arad to handle salid waste disposal and related functians for the City of
SpQkane and vther participating local govexnment j urisdictions in incarparated and.
unincorporated areas of Spakaale County.
9
970+6.Oa
The 5pokane Regional So1id Was#e System operates as a separa.te administrative department of
- Spflkane City govenunent fram the City Department of Salid Waste Ma.nagement. Each
depaa-tment has a separate dire~tor and a separate budget. T'he System budget and the Solid
Waste Management budget are accounted fDr in separate enterprise fund accounts. Collectian
revenues and costs of the City's Solid Waste Management Department are not included in the
calculation of System tipping fees, and System revenues and costs are not included in the
calculatian of the +City's Solid Waste Managenzent Depar'tment's collectian utility rates.
The City of Spokane is responsible for making operational decisivns far the System other than
the "maj~~ deCTSionS77 that must be agreed ta by the County. The City of 5pokara.e prepaxes the
,annnual Systern budget. The System budget and the So1id Waste Management budget are
aceounted fox in separate enterprise fund accounts. Collection revenues and costs are not
included in the calculation of Systern tipping fees, and Systern revenues and c4sts are not
included in the ca1culation of Spakane's callection utility rates. {L)raft 5olid Waste Managernent
Plan)
F. Regianut Cities and Faxrchald Air Force Base Administration o, f Salad Waste
The tenm "regional cities" refers to the incarporated cities and tawns within 5pakane Caunty,
except the City of Spokane, that haVe entered intfl Regianal City Interlocal Agreements. This
includes the Cities ❑f Airway Heights, Cheney, Deer Fark, Liberty Lake, Medical Lake, and
Spokane Valley; and the T'owns of Fairfield, Latah, Millwoad, RQGkfard, 5pangle, and Waverly.
Fairchird Air Force Base also holr3s an interlocal agreement wi#h Spokane County and the City of
Spokane. Each of the regional citAes and Fairchild Air Force Base are respansib1e for making
arrangements for their constituents' sa1id waste callection services, either by allowing for
callection by a releuant WTC-certified collection f rm; or through its own crews; or by
contracting directly with a private col1ection f~rn. Waste dxsposal and opporturuties for
recycling and househvld hazaardous waste drop-off are provided at System transfer stations arad
the WTE Facility. Tn addition, some tawns provide specif c services: Aizway Heights, Cheney,
Medical Lake, and Spangle provide recycling, and Cheney ha5 a yard waste facility. (Draft Solid
Waste Management Plan)
G. Spakane Regianal HeaIth District Administratian of Sotid Waste
The SRHD issues permits for salid waste facilitkes and enforces solid waste ha.ndling regulations
in the Caunty. The SF►III.]'s Solid Waste Handling Standa.rds are implemented through the
permitting process. The SRHD issues, renews and, when necessary, suspends permits fvr so1id
waste ha.ndling and disposaI facilities. Landfilrs, transfer stations, waste-ta-energy facilities,
drvp-boxes, and incinerators must have permits in order to legally operate. Recyclirrg facilities
ma~ ~e exempt fram solid waste handling perrnitting if thev eamply wrth the exemption
prQVisions in Chapter 173-350e210 WAC. A11 sQ1id wasfe ha.ndling facility permits must
conforrr, to an approved Salid Waste Management Plan. Ecalogy has a~tharity to appeal a
permit to the PolIution Control Hearings Board. All salid waste facilities are inspeeted on a
regular basis by the 5R14D for cQnfDrmance with so1id waste regulafians a:nd perrnit
requirem.ents. (Draft Solid Waste Managernent Flan)
H. 5'pokane liegional Solad Waste Liaison Bdard Administration of Solid Waste
10
9'706.00
I
The Liaison Board's duties and responsilailities were autlined on page 4, abvve.
I. The 5'olid Waste Advisory Councft Admanistration of Sorad Waste
'I'he SWAC's duties and respvnsibilities were outlined vn pages 4 and 5, abvve.
J. Otherl4dmfnfstration: 1Vlonitoring and Measurement
Several different entities axe involved in monitoring and measuring svlid waste management.
actiyities in Spokane County:
-The WA State Dept. of Ecalogy is respansible far reviewing the so1id waste
management plan and ensuring that the process and content of the Plan are cansistent
with state laws a.nd regulations. Ecvlogy also prepares annual estimates of recycled
rnaterial quantities for each county in the state, including Spokane.
- The WUTC is responsible for reviewing the cost assessment section of the Solid Waste
Managemen.t Plan ta ensure it provides the infnrmatiQn needed to deternine impacts
the Plan may have on rates of Gertificated waste Gv11ection companies.
-The Systern prepares mvnthly a:rzd annual records of material quantities receiv ed at a11
5y~tem facilities. Materials tracked include dispased waste, recyclables, hausehold
hazardous waste, and yard waste at the WTE Facility, North County and Va11ey transfer
stations, and Northside Landfill, The System a1sD maintains records of yard waste sent
out-of-coun.ty to the regional composting facility, and ash an~ other solid waste sent to
the Roosevelt Regional L,andf l1. The System alsa keeps recoxds of the number and
type of calls received an its recycling hotline. Additionally, the 5ystem publishes a.n
annual report.
~ Private haulers ma.intain records of waste and recyclables collected fram their
resideratial and commercia1 customers in the unincorporated areas of the County and
regional cities.
~ Fairchild Air Force Base maintains records of its waste callection and recycling
progxams.
-The SRHI] maintains arecord of wastes received at svlid waste handling facilities in
the county. It a1so munitors i11egal dumping in the cou.nty. (Draft Solid Waste
Managernent P1an)
IrI. Nature and Scot)e of Interlocal Agreements
A. Interlocal Agreements in Genercxl
. ,
97a6.00
--'The Regional City Interlocal Agreernents are cooperative agreements between Spokane County
and the City of Spokane with the other cities within Spokane Caunty signed between 19$9 and
1991 for developing acoordinated sa1id waste man.agement plan, providing a regional tipping
fee, and for ensuring ciisposaix af waste generated in incorpvxated axeas at System facilities.
The City of Spokane Valley, subsequent to its incQrporation in 2003, signed salid waste
management interlocal agreernents with the City of Spokane and Spokane County. Liberty Lake
also signed an interlaGal agreement after its incvrparativn. A similar intexlocal agreement was
established between the Courrty and the City of Spokane vvith Fairchild Air Force Base. These
interlQCal agreements assign the System tv cQnduct svlid waste disposal, and p1anning activities
far these jurisdictrans, and pravide the framewQrk by which the solid yvaste systern in Spokane
County naw operates. The agreements cielineate the roles and respansi}ailities of each entity, and
esta.blish c1ear financial responsibilities for deveivping and maintaining an integrated and
regional solid waste system,
The Agreements strive to ensure that rnunicipalities and Fairchild will receive cvnsistent, high
quality waste management and disposal facility services, program services far moderate risk
vvaste, waste reduction and xecycling activities, and the administrative support services necessary
to implement those operatians and prograrns frvm the System. The agreements alsa direet each
entity's waste ta System facilities. A11 System participants receive the same services as City af
Spokane constituents anrl at the same costs. Final1y, the agreements autharize the Systern to
prepare updates to the so1id waste managemerat plan. Each Flan Update must be provided to the
County, each city a.nd Fairchird Air Force Base far adoption. A city that daes nat adopt the
prepared Plan Update is required under Chapter 70.95 RCW ta prepare its own.
Except for Liberty Lake and Spokane Valley, these interlocal agreements automatically renew for
20 years at the end of the initial terms (hhetween 2014 and 2016) unless either party chvases not
tv renew. The cities af Liberty Lake and Spokane Valley executed agreements vvith samewhat
different tenns. Their interlocal agreements expire in 2011, or vvhen the bonds are paid a£f.
(Solid Waste Management Plan)
B. Table of Interlocal Agreernents with Renewal Pravisions
Aufiot'natic
Renewal
unless
either Party
Term chvosesto
Entity Date Term End Date Renevvals nat rerrew
Rirway+ Neights 1 DJ1 0189 25 Years . 1011 0114 Successive 20-Year Terms ~
Gheney 911l89 25 Years 9l1114 Successive 20-Year Terms ~
Deer Park 4116191 25 Years 411 6li 6 Successive 20-Year Terms ~vt
Fairchild AFB 14J16190 25 Years 1 011 6115 Successive 20,Year Terms -s~
Fairfeld 1019190 25 Years 1019115 Successive 20-Year Terms ~
Latah 614191 25 Years 614116 Successive 20-YearTerms ~
12 -
9706,00
Automatic ,
RenewaE
unless - -
. either Party
Term chooses tv
Entity aate Term End Date Renewals nat renew
Liberty Lake 9124103 8 Years 1 z11J1 1 No Prvvisivn Agr+eement
expires
Medical Lake 911189 25 Years 911114 5uccessive 20-Year Terms ~
fVlillwoad 517191 25 Years 517115 5uccessive 20-Year Tsrms I~
Spangle 1 a19190 25 Years 1019115 Successive 20-Year Terms ~
5pokane Va11ey 7115I03 8 Years 1211119 Na Prvvision A9reement
expires
Waverly 12l1"1189 25 Years 12l11!14 Successive 20-Year Terms ~
Both City &
Spokane 4110189 25 Years 411 0J14 Successive 20-Year Terms eaunty Must
County Agree Nat tv
Renew
(I3raft Svlid Waste Management P1an)
IV . 5t)okane Reiziona1 S olid Waste SVStem Ferfanna.nce Audit
A. Bdckgr~und ofAudit
In 2007, Board of County Commissioners requested an independent perfozma.ncelfinancial audit -of t.he System, tv be ~'inanced fram the System budget, The City concurred and a scape of work
was develaped that was mutually acceptable to the City and County.
The overall goaI of tthe audit is to identify apportun:ities that wi1l improve the Systern's effiGiency
and effectiveness, as weIl as its accountability tv the City of Spokarie, Spokane Countys and the
regiona.l cities. The audif will provide a specific assessment of haw we11 the 5ystem is dving,
and what can be improved. The Technical Work Crroup, which xnGludes City of Spakane
Valley's Neil Kersten, is averseeing the perfonnance audit of the Systern. In Dctober 2008, the
Group selected cvnsultant Cwnp, Dresser and McKee ("CI)M"). The audit will include a
financial and performance audit, as well as acomparison with Dther systerns arvund the cou.ntry.
On recommendation of the Solid Waste' Liaison Board, the scope uf the project vvas reduced to
avoid redundancy with a financial audit that the 5tate Auditor' s Office is currently perforrning.
The audit is sch,eduled to be comple#ed on September 15, 2009. (City Contract, Clerk's File #
OPR2008-0889, Tab 7)
B. Scope a, f 'Audat
The scQpe of the audit is detailed in an attachment to the CDM cantract, which outlines several
tasks to be campleted by the audit:
' - I
13
9706.00
- 1, Proi ect Manavement-Consultants wi11 wvrk with System to develap a.ppropriate
mechanisms to rnaintaira the project schedule and assure the System's praject manager is aware
af all project related issues.
2. Proiect Initiation-A kickoff rneeting is proposed ta establish the tone, goals and
abjectives for the audit, which will be used to develop awritten cvmmunications plari that wil1
help guide the entire proj ect.
3. Technical O-Derations and Assessrnent--A technical analysis and evaluation will be
completed that covers al1 process, perfornance and persarnel aspects of the System's Qperations.
Subtask I-TCanduct acomprehensive review vf the System's facilities and
interview staff. CT]NT wi11 perform a 3-day inspectivm of the facilifies in vrder to
a.ssess the current eanditron of the WT'E Facility and other facilities and tu observe routine operating and maintenance practices.
Subtask 2Review overalI processes, contro1s, equipment and overall Qperating
performance of the Systern and identify apprvpriate ways to reduee costs and.lox
imprave services. CI]M vvi11 review key aperating data fcar the WTE Facility an
cornpile various sumnYary tables and graphs ta trend historical perfQrmance. This:
infarmatian will be campa.red with any performance gu.arantees under the service
agreernent plus similar data fram other camparable facilities. CI]M will identify
any areas of aperation where perfarmance is materially different than the
performance guarantees andlar indus#.ry norms and $o assess the impact to proj ect
revenue and costs. CUM will also identify ay perfarmarace tren+ds that are
obser,ved that could have a material impact an future system revenues andlor
operating Gasts.
Subtaslc 3-Compare the 5ys#em's perfozmance to the gvals and objectives
established by the Spokane County Comprehensive Solid VVaste Management
Plan.
4. Finance Assessment of WTE Facilitv A xeview vf major costs related to the WTE
Facility includ.ing the service fee paid ~o Wheelabrator; operating or "pass-through" costs paid by
the System such as reagents and utilities; residue disposal costs; energy revenues and recovered
metaY revenues. CDNI will compare these costs and revenues with up to three similarly sized
WTE facilities and identify any areas where costs andlQr revenues differ materially from industry
norms.
5. Benchnark.ina Survev-Cvnduct a benchmarking survey vf at least three compara'ble
jurisdictivns the System's operations, staffing, and costs. CDM will callaboxate with System
staff to identify key areas of comparisan and to develap a rating system for the key criteria.
CI]M will i+dentify areas where the 5ystem may be excelling and where impravements may be
achieved.
14
9706.0a
6. Flow of In-forrnationlCQmmunicatian ReView-Review and evaluation af the existing
commu:nicatians appraaches and general flaw ofinformation between the System and its -
stakeholders, discussions with System personnel, and recvrnmentiations for fiu-ther action to
strengthen stakeholder relations and satisfaction. CDM will review the fQllawwing and assess the
vverall effectiveness of existing communicatiflns:
- Any appli+cable System palicies and procedures far communicating with
stakehnlders
- PubTic education and outreach materials provided tn System stakehol+ders within
the past 5 years (2093-2008)
- Correspandence between the System and its stakeholders within the past 2 years
(2006-2008)
- Customer compiaint log far the past 2 years (2006-2408)
-Any ather inforn,ation relevant to customer service and stakeholder
communications, to be determined in conjunction with the System staff.
7. ~rizanizatianal Review CI]M will review tthe vrganizational structure and staff ng ,
leVels of the Systern. This task wi11 incarporate a review af reporting relativnships and
requirements as well as an eualuation of the System's alaility to adapt tv change. +CDM vvill
review the System's contract management policies and procedures. CDM :will recommend _
irnprovements, if any, to the arganizational structure based an this review.
8. OvexaYl 5vstem Assessment-CDM will conduct targ+eted comparisans of the
5ystem's regional pxogram, administrat~ve services, and performance with sirnilar public and
private sQlid waste systems. Thc actual measures to be cvmpared will be detennined vnce we
have cvmpleted the data gathering and discussivns with the System' s proj ect team.
(City Contract, Clerk's Fi1e # C]PF►2008-0889, Tab 7)
C. Delivery a,fAudit
CDM will prepare adraft vvritten xepart surnmarizing its findings on the System vperatians and
financials. The report wi11 include apprapriate tab1es, graphs and phatographs fram the faciiity
inspectivns. rT he repart wi11 alsa include a stunmary of CI)M's conclusions fram the
perfomnance audit as we11 as any recarnmendativns regarding operational changes andlar System
modifieations #hat couId potentia.lly imprvve operatians, in.crease revenues andlor reduce costs.
CDM's findings, canclusions, and recamnendations, will be urganizecl to specifically address
each vf the folTowing points:
- Recommend pra$ram and staff ng needs tQ xeach any uiunet goa1s and abjectives
~
15
9706.00
- Recornmrnend any industry best practices that can be applied to the System's aperations,
includin,g subsequent prvgra.m efficiencies, savings, Dr costs in mecting thvse best .
praCtices
_Recommend whether vr not, and haw, trie System could change procedures ta better
communicate and distribute inforrnatian .
- RecQmniend any changes that shauld be made to the management o~ the System within.
the paraneters of the ICA
CDM wi11 suUmit 30 bound copies of #he draft report to the System fvr xeview and cvmrnent.
CDM wil1 meet with System sfaff tv review the draft r-epart and to discuss the 5ystem's
comments. CL)M will fmalize the report follawing this meeting. CDIVI will submit 30 '~ound.
copies and ane electronic copy vf the final report. CDM wi.11 present the report to the City Qf
- Spokarie, Spvkane County, the L,iaison Baard, and the Sarid Waste Advisory Committee, The
completion date for the project is September 15, 2009. (City Contra.ct, Clerk's FiIe #OPR2U08-
08$ 9, Tab 7)
V. Future of Reeiona1 Waste Mana~ement
Spakane County has put together a master schedule for developing the xegion's solid waste
managernent including the adapfiQn of aComprehensive So1id Waste Management P1an, careatio'n
c~f a regiQnal entity to deal vai#.h solid waste, institution of a commingling recycling system, an.d
_ farmatimn of anew operations cantract for the WTE facility. (Spokane Regional 5o1id Waste
System Master Schedule, "Tab 4)
VI. Snokane SVallev Solid Waste Frarichises
A. Sunshine Disposal, Ine.
~n March 25, 2008 the City of Spakane Va11ey passed Ordina.riGe Number 08-003, which
effectively ,granted Sunshine Disposal, Inc. aseven-yea.r franchise extension ta pravide
cammercial garbage and refuse cQliection service within the City begirning on March 10, 2008.
This Ordinance alsa gave approval to give notice of termination through the Washington Utilities
and Transportation Commission. Sunshxne's franchise will tenrninate an March 10, 2015.
B. Waste Management of YYashington, Inc.
On February 25, 2008, the City issued a seven-year natice of termination of a cammercial and
residential garbage collection agreement. This nQtiGe becarne effective MarGh 10, 2008, and will
terminate the agaareement 111Iarch 10, 2015. This Ordinance aTsa gave approval to give notice of
terminatpon thrQUgh the Washington Utilities and Transpvrtat~on Cornmzssion (WUTG).
C. Solid Waste FrQnchises in Generat
I
16
.
9706.00
The notice of termination of the existing tariffs under which Sunshine and Waste Management ;
provide salid waste hauling services in the City beca.me effectiVe MarCh 10, 2008. Llnder these
xeplacement franchises, Surashine and Waste Management will continue to have all the rights and
abligations they currently have under the WLTTG tariffs for seven additianal years. 'I'he
replacement status qua franchises shall be xn effect as of March 10, 2008 and expiring March 10,
2015, during which the WUTC ,will continue to provide regulatory oversight aver both Sunshine
and Waste 1Vlanagement, after which the City sha.ll assume full regulatory control aver solid
waste callection. The parties also have the right to mutually agree to modify either of the seven
year franChises.
D. RCW35.02.160 Cancellation, LICqTidlSltdoYl (]rpeYmItfQr iJpeYQtiDYl OfpubIiC SLYVlGe buSiYIeSS
in territory incorparated - ReguTation of solid wcrste colrection.
RCW 35.02.1 60 pxvvides that the WLTTTC "sha11 cantinue to regulate solid waste collection
within the limits of the incorp4rated city or tvwn until such timc as the city ar town notifies the
coxnmission, in writing, of its decision to Gnntrac# far solid waste collection or provide solid
waste colleetian itself pursuant to RCW 81.77.020." In the event a solid waste franchise is
cancelled, the holder af that franchi se is entitled to "cvntinue such business within the
incarparated territory for a term of not less than the remaining term of the original franchise" or
"not less than seven years." Unless there is a"showin;g vf the inability or refusal" af a franchisee
"to adequately sezvice the incorporated terri.tory at a reasonable price,7" the City shall "not extend
simiiar ar cornpeting services ta the incorporated territory." Tf a franchisee suffers any
measura'ble damages as aresult of having a franchise cancelled in whale or in part as a result of
incarporativn, the franchisee has a right v actian against anny city ar town causing such damages. _
RCW 35.02.160. 17
97aG.00
- VII. SUMMARY OF TABS
Tab I A.riended and Restated Interloca1 Caoperatian Agreement Betweera the Cify of Spokane
and Spokane County -Spokane Regional Scrlfd Waste Management System
'Fab Z Amendment No. 1to Interlocal Agreement for Periodic UpdatelRevision vf the
Comprehensive So1id Waste Management Plan
Tab 3W--hite Paper Regional Solid Waste Crouernance luly 2008
Tab 4 Spokane Regional Solid Waste System - Master Schedule
Tab 5 Interlacal Agreement (CH. 39.34 RCW) Betwween the City of Spakane, Spokane Caunty
and the City of Spokane Valley - RE: Spokane Regioraal Solid Waste Management
System
Tab 6 Russ Menke Memarandum Re. Regional Govemance Altematives, February 25, 2009
Tab 7 City Contract with Camp Dresser & MeKee Xnc,, Clerk's FiIe #C}pR2008-0$89
18
9706.00
. a p . . _ . . . . ` . .
89 03-1;7 ~
ab 1
AMFNI]Eb AND RES`I'ATED • , -
INTERLOCAL +CODPERATIC3N AGREEMENT BETWEEN ~
'S'HE C'.ITY C]F SPC]KM AND SP[?KANE CUUIdTYr WASHINGTON ,
SPDKANE REGIONAL SDLID WAS'TE MMAGEMENfi SYSTEM
RECZTAI.+S
WHE1tEAS, the City of Spvkaner a first class cYiarter city duly
arganized and existing under and by virtue of the laws of the State
of Washingtan (the "City") oand 5pvkane Countyr a class A caunty .
duly vrganized and existing under and by virtue of the laws of the
State of Was~iington (the $~Ca~.nty~° have ~Ghe power to contral ~the . .
management, handling and disposai of svlid waste ("solid waste .
nanagement") within the City and un'incvrparated area of the County .
(the "region" arespectively r and .
WHEREAAS, the Spakane aregion is faced with seri.aus salid waste `
management and disposal prablems, including pollutian of drinking
water svurces from pu:blicly oWt7ed laridfj.115r which requize prvmpt
actian: and .
WHEREAS, the County duly adopted a 5oli+d Waste Xanagement Plan ,
for the regivn ("Plart") after proper envirormenta1, inteacagency and
publi~ ~eview ,iM 1984, which Plan was approved by the Washingtori
Stat+e Department af Ecology (I9Ecol.ogy14 ) in 1986 xn accordance wit1n .
sta~e law: and ~ .
WHEREAS, the Plan and ather environmental, hazardvus and sol~id • ~
wraste management studies have identified cvntamination to the ~r
Spakane-Rathdrum Aquifer (the °pAquxfer") r a designated sole source
aquifer and drinking water saurce for the regfon, as a resU.1t of
aerta~.n factors including landf ills,, some ❑f wYaich are now
iederally--designated Superfund sites . and
WHEREAS, the City and County are vital ly concerned about
po1lution of the Aqu,ifer from laradf i11s and about prvmpt imple-
-mentation of a balanGed salid waste management prvgram fQr the
. rec~~,vn; an~ WHEREAS, consistent with and in nrder fQ implement the Flan
pramptly, fhe City and CQunty initiated the 5pokane Regicrna2 5a3id
_ Waste Disposai Pra3 ect ("Proj eetl4 ) in 3984 ta dewelop zaecessary
waste reduction and zecYclingp waste--ta-energy. . and landfall
facilities; and
WHEREAS, in l i.ght of existing thzeats to the Aquifer and the
need far prompt actionr the P3.aLn. g3aced ahigh priarity_ cn plannirig
and imp].ementing a regianal mass burn resov.rce recavery steam and
electric generating facility (the "Facility") , which will reduce
reIiance on 3andfilximg and incarporate recycling facilities inta
, • r 1
the Facility and intv recycling/trans fer Btations associated with .
the collectian of svli.d waste; and
wHEREAS, the Proj ect was directed by a Regiona3. S o3 id Waste
Disposal Project Palicy Committe€ ~~mposed of city and .Cnunty
. of fiGie.l i r Ecology, and the puk,I i.c a and
WHfEREAS, tY,~ ~ro] C'.Ct erigaCfP.C~ ~xpext COI'i'S1.zlt3.37t5 tD 11Tadex`~ak~.'
~~rly planning and feasibility stud:ies on the types of technolo-- .
gies, pmllution control mea;sures r siting, and related matters , and ' .
WHEREAS, the Ca.ty was designated as ]=+ead agency under the
5tate Environmental Policy Act (SEFA) and duly conducted environ--
mental review under SEPA con'uaencing with ascaging process in ,
August 19$5 to identify the range of alt~rnatives and environmen-
tal impacts to. be +evaluated, which resulted in Draft Enviranmental
Tmpact Statement (EIS) on the Faca.la.ty being issued on March 21, .
1986; and .
WHEREAS, after a public hearing and pub1ic and interagency .
comment pzocess, a .Supplemental I?raft E3S was issued on Agrzl 30A .
1986 fvr a 30-day pubIic comment perivdr a Fzna]. .EIS was issued on
LTuly 14 0 1986 , and an Addendum to the Final BIS was issued an April
61 1987, thea~eby completi.ng an adequate enviranrnental ~ev~ew
. process under SEPA on the Facilifiy; and . ,
WHEREAS y the EIS 5tat+E^- th8t add1,t3.[5I'Tal en'LT1]G'aTmeI'Ital reV3f~:w
w il1 be requiared in cvnjunctivn caith a new landfill, whefi.her as a
regional landfill ar as aresidue lamdf ill and .
WHEREASF no administratzve appeals of the SEPA dvcuments were
filed as provided by local code urader the statewide SEP.~ rules ;and
. WHMASO, the C3ty and the County j gintl~ conducte~ a prgcess
• far invitingF evaluating, and selecting a contractor (°a~endor°') to
. design, cor~struct, and operate the Facility a,n acccr:~dance With
st~te and 1.ocal law, including the establishment vf a Vendnr
Selectivn Co=ittee; and
• ~EREAS, tY~e city anc3 the Cvunty appscvved a Reqxest €or
Quala.fications (RFQ) in May 1986 which was suxrs.equently arnended;
. . ar~d
WHEREAs, the City and -the Cvunty apprnvp-d evaluation criteria
. for vendar selectiort in Septexnber 1986: and
►nHEREAS, the Ci~y and the County appxa~ed a Request far
Proposals (RFP) in December 3986 whzch was subsequently amended,
and have also reviewed and eval°uated the proposals rec+ei~ed in
xesponse tv the RFP; and.
WiEREAS, the City and the county determined in Niay 1987 that
Sa.gnal Environmental Sxstems, Inc. (rzow WYieelabratvr Technologies,
-2-
-s~+~y.s.,.,,. ^-s- --~=-•.=a- ~ ~ - ~ ~
- . . , 2Mc. ) was "the best qualified" tv desiqn, construct, and vperate •
the Fac3.lity; and
WHEREAS, ~n Nvvezrber .3, 1987 rthe City and Wheelabratvr .
Spokane Inc. (t,he 1°Campatiy'° ) entered into a Design and Constructivn
Contreaot and ar, Operat:ton and Maintenance Cvntract xelating tv the
.Facility, and .
WHERX,ASP an January 4, 1988, the City and Puget 5ound Pvwer
Light Comparay ("Pciget") -,entered intcr an• Agreement for Firm
Power Purchase (Thermal Fraject) praviding for the purchase by
Puget of energy praduce&.?ay tJxe Facility; and . •
WHEREAS, the Ciiy applied for and received agrarit of
approximately sixty mi1livn dollaxs ($60 Q D1000) f ar the Facility
f rom the Washington 5tate Department af Ecologyr which grant
contract was executed in Nflvernber 1986; and
WHEREAS. the City and the Caunty are currently 3n the pzacess
• of completing related;~~ f ina~~irig• and• oontractual• arrangements with ,
each ather and ather ptblic and private entities far the implemen- .
tation of fhe Facility; and
WHEREP,S, at a meeting expect+ed to ~e hexd in vctober 1988,
the City praposes ta advpt abQnd. ardinanc~ (the "Bond vrdinance°")
which would authorize the issuance of a series of bonds (the
l°5eries 1988 Bvndsti) F secured by arid payabie from the revenues of
the City 's solid waste smanag+ement syste3n, to financc, amvng other
tha,ngs, a pvrtivn af the cast of acquisitiQn and cortstru.ctian by
the City of c~rtain improvements and addi,tions to its solid waste
x~anagement system cons36t•ng...cafr the--Faci1i-ty,.•..transfer_,Statiansx . rc~~~cling cent+ers and a residue and bypass landfill (the 411988 j
Improvements and Additiv~ s"); a.nd
WiEEREAS ~through its solid waste managememt system~ t'he City ;
currently provides collaction and dispasal servxces for solid waste
gen+erated within the bvundaries ~f the City; and
MEREM, solid 'vaatam gP_,ne=°ted` fn "th~ unincorporatedl area cf ;
the County and in the athher t4wns a.nd cities in the caunty and
Fairchild Air Force Base ("Fairch:iid" ) is currently ]aeing disposed '
of at variQUS dispQsal s ites , includin+g the CaurftY lsMica landfill .
' and the private],y-owned Marshall landfill loca.ted in the County:
and ~
WHEREAS, the City,,.thp.iCQunty-...:the,.ot_hex towns and cities iaa
the Coura~~, and Fairchild are authorized by Chapter 39.34 iar~d
Chapter 70.95 vf t~.e Revised Cade of Wash~.ngtc~n to enter xntcr
agreemerits with each other ~'or caoperative acta.an, such as
planning, owning, financing, and managing of regional solid waste
management faca.lities; and
WHEREAS, the City and the County have du3y entered into
inte~local cvQperativn agreements for cooperative and coardinated
-3-
. . a
` . sc~lid waste management planning far the rega.on, including phases
I and II of the Spvkane Regi~~al Selid Waste D~~posal Praject on.
January 29, 1985 and Qt7 September 9. 1986, respe~titre1.yr and the
rec*ltals therein are incax1aarated by reference herein; amd.
~~REA5, on Nouember 3, 1987 the Gity and the county entered~
in'to 3n 1' I'hteL'loCal 3gr~..'ement (thP 1119$7 .'CIIterloc3l AgreeI11eT~t")
whiCh,, am03ig +C3thL'L' thll`tgS r allC1~~ted re5pvnS1b1l".ty fQr the ongoing
managem.ent and op(~Yation o;E the Facility; arad
• WHEREAS, on Ju1.y 16, 1388, p:ursuant to the recammendation of .
Seattle-Aiorthwest Securities corgor~tlon, financial advisor to the
Cit.y and the County, the City and the countY entered into an
interlocal agreeme~~ ~~~e "Rate Stak~ilizatiora iF~e Agreement"y
re3at-ing ta, amvng other things, the xncreases previvusly impc~~ed
by the City and tY~~ ~ounty in the tipping fc:es charged by them fc~~
disp~sal of sQ].sd waste at their respective dispvsal sites in order
to provia~e a fund to be used far the stabilizatiQn of tiPping fees ,
in the early years a~ the Qperation of the Faci.lxty; and
WHEREAS, the City and the County desire to enter into this '
- Agreement in order to combi~e the 1987 Inter-local Agreement and
the Rate Stabilizativn Fee Agreeinent into one agreement and to
provide, amonc~ ~ther things, (a) that, commencing as of actober
10, 1988, the Caunty will cease providing smlid was-~~
~ervices fcr sol'id waste +g~~erated in the uninc@~orated area af •
the Gounty and collecting the Tipping Fees paid fgr such disposal
and t~~ City will provi~~ sudh svlid waste dispasal services and
collect such Tipping Fees; that, concurrently with the execu~
tioxa hereof , the Cou.nty will take the appropria~e action , pursu-
ar~~ to its ordinarace No. 85-0395 adopted May 14 1985 (as amended
from time to time, the "Flow Control 4rdinsnce") , to direct that
. solid waste generated in litz unincvrporated area be dispQsed of
; through the City's s+alld waste management system .(except as prov
. v ided in the Flaw Control ordinance) ; (c) that the city sha]. l have
• the ra,ght to dispose af ~~lid w~ste delivered to the 5ystem at thp
~~~nty' s Mica 3andfill and to coll~ct all Tipping Fees related
thereta; and (d) tha~ the Mica landf-ill shal1 b€ operated and
: ma~ntained by the County and that the Gounty sha~l be gaa.d an -
operating fee therefor by the City frvm the revenues of its'splid
waste management system; and • .
' WHEREAS, the City and the Caunty have entered into ar are
currantly negotiating separate interlacal agreerLents ("Regional
, city Interlaaal Agreementst° ) with ather tawns and cities in the
Cvuntgr arad wigh Fairchild. under which, amvng ather things, such a
• toi4n or aczty vr Fairchi1d wauld agree to dYrect that soYid waste
generatec~ ~ithin its boundaries be disgosed of thraugh the City's
• solid wast~ nt at~acjem~~~ system (any such tawn oz city t~+iat has
entered intv, ar hereaftex enters into, a R~giona1 City Interlvcal
Agreemer~~ ~eing liereiz~ ~alled a "Regional. City"); and
VTH~~EAS r in order to reflect the use of its salid waste
management systen f4r the disposal vf solid waste generated in ,
-4-
' i
the City, the unrncorporated area of the County, the Regianal.
Cities and Fairchild, such system shall, from and after the
effectitreness Df this Agreement, be named the "Spokaa~e Rega,vna1
So3id Waste l~anagemexat System'p (such system, as further defiraed '
herein, being referred tca herein as t~e "System"); an.d -
t~ERE:AS,, additional actions tio impl~ment the Plan and the
Project and ta prepare a Plan up+date in accordance with Eco3.agy s
1986 P1an apprQval, iracl.u'dinc residual and future landfills and
add'itienal recycling programs and faczlities, are beirrg p1anned
and wi1l he pZanned in thd future, and such a~tions will occur in
phases and will receive timely and apprvprzate envirQnmentaY
reV;'eW; 3t1d
~EREA5 raft+er years of planning and the cc~~pletion of an
adequate environmental impact s°tatement and vendar selectian
process, and after due cansideration of the enviranmerctal, sacial,
technical ecoz~omic and vther re3evant f actars, includin~ ~ublic and
governmental cvmment, and observance of appl~~~ble federal,, state,
and loca2 procedures, the City Cauncil and the Boaxd of County
Commzsssaners find tY~e 1988 Improvements and Additxons are an the '
, bgst interests of and will best serve the citizens of the region
and needs to be implementer3 at this time, and
- WHEREAS, the aforemOntiamad rec.'tals are found to be true and
correct findirtg-S of faGt; and . WHERF.AS, the City and CQAnty hereby find and determine t,i~t
th.is Agreement is mutually faix and advantageous to the ci~y and. ~ .
Coasnty; ' -
NvW, ~REFOR.E, bet~~en the parta,es heretv,, the City and
Couxaty.
OPERATIVE PROVISYONS IT IS HEREBY AGREEI~ ~S F{3LL[?WS:
ARTICLE I •
DEFINTTIONS.
Sectian 1,1. Purnose, A:s used in this Agreememt, tl~~ fol-
lvwing words, unless the context- etherwise dictates, shall have
the fnllQwing meanincys. .
A. Additivnal Bonds _ sha1l meari any bands,, other than the
Seri~s 198$ Bonds, which the Czty may hereafter issue pursuant t+a
Art'icle X of the Bonr~ Ordinance having alien upon the Revenues
. fox the payment of the principal thereaf and interes~ therevn eq~al
to the 1 ien up~~ the Revenu'es created by the Bond Qrdinance in
favor o~f the Series 1988 Bond:s.
. . _5-
~
B. Agreernent shall mean this =nte'rlocal Cooperation Agreement
between the City and the County gor the ownership, financing and
management of the System. C. Aareement for Firm Power Purchase shall mean the Agree- .
ment for Firm Power Purchase (Thermal Project), between Puget Sound
Power & Light Company (10Puget") , a Washington corporation, and the
City, providing for the purchase of firm power by Puget.
D. Annual BudQet shall ntean the System budget for a Fiscal
Year, as adopted or amended by the City in accordance with Section
8.12 of the Bond ordinancee E. Bond Ordinance shall mean an ordinance of the City of
Spokane autxiorizing the issuance, sale and delivery of the Series
1988 Bonds, as the same may be supplemented or amended.
. F. ' Catiital lProiect shall mean an addition to, change or
modification in or alteration of the Facility, as provided in ,
Article XI of the Construction Contract or in Article ZX..of the
' Service Contracta . G m City shall mean the City of Spokane, Washington, a first
class charter city of the State of Washington. '
. H. Citv. Collection Costs shall mean (a) the City Preexisting
Landfil.l Costs and (b) all other Costs of the System, Costs of
riaintenance and Operation and ottaer costs relating to tie System that are allocable to the collection of Solid Waste generated in
the City iracluding P without l.iffiitat.ion, debt sexvice on any
Additional Bonds allocable to costs _.of the City incurred in
corinection with the collection of such Solid Waste.
S o Citv Pre-existincr Landfil3 Costs shall mean Preexisting
L,andfill Costs relatiragr to Pre-existing Landfills owned by the
, city.
J. Citv Collection Revenues shall mean all revenues of the
City-- •-attributable to the collection of Solid Waste in the - City
together with the. portion of the landfill closure+component_
. allocated to the City pursuant to Secgican 204 hereof. .
. K. Cleanun shall mean any "removal's or "remedial action,"
defined as follows:
. Reanoval shall mean the cleanup or remaval of released
hazardous substances from the environinent; such actions as rnay
_ be necessary to take in the event of the threat of release of
hazardous substances into the environment; such actions as rnay
• be necessary to monitor, assess, and evaluate the release or
• threat of release of hazardous substances; the disposal of
removed material; or thetaking of such other actions as may
be necessary to prevent, minimize, or mitigate damage to .
-6-
the public health oz welfare or to the environment. which may
otherwise result from a release or threat of release of
hazardous substances.
Remedial action shall mean those acta.ons consistent with
permanent remedy taken iristead of or in addition td removal
actions in the event of a release or threatened release of a
hazardous substance into the environment, to prevent or
minimize the release of hazazdous substances so that they do
not cause substantial danger to present or future public
health or welfare or the environment.
L. Closure shall mean those actions taken by the City orthe
County to cease disposal activities at Solid Waste disposal
facilitzes, to ensure that all such Solid Waste disposal facilities
are closed in conformance with, app3,icable state and federal
regulati,ons in effect at the time of such closures, to prepare the
site for the Postclosure period, and any other cleanup activities
inca.dent thezeto e
M. Comnanv shall mean Wheelabrataz Spokane Inc., a corpo-
ration formed under the laws of the State of Delaware.
N. Construction Contract, shall mean the Design and Con-
stx•uction Contzact dated November 3, 1987, between the City and
the Company, or its successor (as designated and approved by tYle
City and the County), as the same may be amended, modified, or
supplemented fram time to time in accordance with its termso ,
j,
0. Costs of Maintenance and Oneration shall xaean the City's
expenses for operation, maintenance, repairs and ordinary renewals
and replacements necessary-for the operation of the System and shall includeo without limitata.on, all compensation (including
service fees) payable to the Company under the Service Contract,
pass-through costs under th-e Service Contract, administrative
expenses, costs appertaining to the transmission of electricity,
insuxance preraiums, legal and engineersng expenseso consulting and
technical eXpenses, payments to pension, retirement, health and
hospita3ization funds, annual charges payable by the City pursuant
to any licenses, permits, orders or other authori.zations from any
agency or regulatory body having lawful jurisdiction, any taxes
(excluding discretionary taxes imposed on the 5ystem by the City),
governmental charges, penalties paid by the City to the Company,
and other expenses required to be paid by the City to the extent
' properly and directly attributable to the operation oF'the System,
costs vf transfers or exchanges of the Series 1988 8onds, all costs
incurred by the City pursuant to System Documents, and financing
costs of any series of Additional Bonds if such costs are not paid
or provided for from the proceeds derived from the sale oP such
Additional Bonds. Costs of Maintenance and Operation shall not
, include debt service payments or any provision far depreciatian,
amortization or similar charges, or any costs or expenses for new
construction or reconstructa.on other than the costs of restoring
any part of the System to be paid trom Revenues ar any dEposits
_7_ .
~
. ;
~
" s
intv the Ci.ty Sv].id Watte Reserve Fund or the System Landfill Fund.
Costs of Maintenanc-e and vperation shall alsa xnclude all rtecessarY
and incidental costs related tv the impl.ementat%vn and s~peratiaza
of any waste reduct,ion/ recycling program an+d l~tter can~rol program
established as a paart of the System. Specif ically exc3uded frora
the Costs ~f Maintenance and Operata,on are payments to the County
v~ an anount, not ~o exCL'ed $20,000y 00O y far the paYiiient of County
Fre-existing Landfill Casts pursuant to t~~s Agreement and amounts ~
, paa d to the Regional Cities pursuant ta ~~ctian 2.4 hereof. '
P. Costs of the Svstern shall mean, with respect-tQ any part
. of the System, the City s costs, expenses and ~~~bilities paid vr
lI1Curr@.d C?Y` t4 be pa7.d C]~ inCla1"rE:d in co37I1eCt].oY). With th[1 pZc'tIlll].31gT I
engineering, dssignin+g, acquirir~~~ ~cnstr~~ting, in~talli'ng, Qperating, maintaining, financing or dispasing of sucY~ part of the ;
System and the obtaina.ng of all gaverrmental ~~~~~va1s, cartiti- ~
cate5 r p~-'im1tS aI'td lice275eS wX,th rCrSpec'~ theZ'e'~~ ~ inGlufi11ng,
withaut limitation, the costs ~elating to the Facil_ity as set forth '
in Seetian 4.1 of the Constructivn Contract, any eminent domain ar
condemnata.on expenses ixaGUrxed in connectian wigh the condemriation
or acquzsitian landfills by the City, a3l costs incurred by the City pursuant ta S~stem Documents, ~~cluding without Zimitativn ~n
amount, nvt to exceed $20, 000,00a , fvr the pc~.ynent of CQunty Pre-
exasting Landfi1,1, ~osts pursuant ta this Agreement and amaunts paid
to the Reginnal cities pursuant to Section 2.4 hereof, an~ debt
serva.ce an any evid[ence of indebtedness of the C3ty issued to
finance any of the faregoinga
Q. Countv shall mean 5p~kane Countys Washington, a class A~•
~ounty of the State of Washangton,
R. Countv Pre--r~xistinct Landf311 Ca5ts sha3.l mean Preexlsting
Landfill Cvsts relatinc~ to Pre-existing Landfil1.s Dwnad by the
Gau~tyd
S. Facilitv shal1 inean the mass burn resaurce recavery steam
~nd electric generata,ng facila.ty to be constructed ptarsuant ta the .
• COri~tructivn CDntractr Such facility is the °~FaciZity" as such term
is defined in the Constzv.+ction Contracto
T. Fairchild shal1 mean Fairchi].d Aix Faxce Base, a Uraited
States Air Force installativn located in spokane coexrity, Washing-
, t.Dn, which has execut~d a Regional City 2nterlocal Agreement a
U. F:Low Cantral ord.inance shall raean Ordinance Nfl. $5-0355
of the County, adapted on May 14, 1985r as xaay be amended from time.
to tiii`ev
V. Guarantvr, shall mean Wheelabrator Technalogies, :LnG 4, a
carpor~~io,n formed under the laws of the State of De].aware, as
Guarantar of the performance b~ the Company of its obligatfoMs
under the Canstru~tion Contract and the Serrice Cvntract, and its
. successv.-s and ass.~gns.
~
1
W. pazardQus Waste shall m+ean waste which, by reasan of its
composition or characteristics is a toxic substance vr hazardous
waste as ciefined in the Resource Conservatian and ReGavery Actr 42
VSC 9 6901 et seq d, as amended, and regulatfans 'implementinq same
or in the Toxic substances Gantral. Act, 15 USC§ 2 501, et seq. , as
amended, and regulatians implementing same, or the definitions
promuigated by the State ~f Washington for Danqerous Wastc: and
Extremely Hazardous Waste, as revised fxvm time to time.
X. Landfill Costs shaaZ raean the cost vf Closure, Pastclasure '
and Cleanup af landfills but excluding costs af operating and.
maintaining landf i11s; for.ptYx'poses of th15 Agr€:ementr aZl LandfilZ
Costs shall be ea.ther Pre--existxng Landfill Costs ❑r Regional
Landfill Costs as prova,ded in the defianitians of such terms,
Y. Paste3.osure sMal1 mean the requirernents placed ugon
da.sposal facilities after cl+asure tv ensure fheir envYronmental safety for at 1east• a twenty-year periad ar until the site becomes
stabilized (i, e. , little or n+a settlement, gas prad:uctian, nr
leaGhate generatian) ,❑r for any additivnal period recluired 3ay
state or federal reg:clations at the time vf postclosurea '
Z. Pre-existina Landfill Costs shall mean Landfill Costs
relating tv Pre-existing Landfills incurred after January 1, 1984, .
including debt sezvice Qn Series 1988 Bands and Additianal Bnnds
al1ocable to Pre-existing Landfill Costso The term also shall
inblude all Gasts incurred by either tTae Ca~ty or County in
defending, paYing, or settling Iawsuits, claims ar j udgments as ,
the result vf ogerating of any Fre-existi~g Landfilis, as well as ' .
any costs incurred bY the City ar Ccaunty in the design and/or ` - .
construction af domestic wrater systems required as a~~sult of the
operatiun vf anY Pre-existang Landfills and which costs ar+e Mat
x°ecoverable under any insuranGe pola.+cy or grant. In -the case of
any Pre-existing Landfill that is hereafter deslgnatcd as a
Regivna3 Landfill, Landfill Costs relating to such laridfall
incurred after such designatian shall be considered Pre°-existing
Landfill Casts only to the extent that such Landfi11. Costs are
a1locable to salid Wa$te dispvsed vf at such landfi13 prior to such
designation.
. AAa Pre-existina Landfills shall mean existing City or County
awazed Solid Waste disposal sites, (a) that have been clased +or (b)
that are opErating and aze used, in the case of such disposal sites
awned by the City, primarily for Solid Waste generated in the City
and. in the case of such dispasal sites owned by the County,
priTftaritiy for Solid Waste generated in any unincerporated area of
thp- County. Any 'such landfill or portiQn thereof that has been
designated as a Regional Landfill shall nat be a Pre-existing
Landf1lla
I
, BB. Rate Ccavenant shall meari the covenant ta b~ contaxned in
the Band L]rdinance under whxGh the City will agree to fixd mazntain
and callect cvllect3vn fees, tipping fees and crther similar charqe~
-9-
sa to pr.ovide for the payment of specified costs and expenses
relating to the System.
CC. Rate Stabilization Component shall mean that portion of
the Tipping Fees collected by the System that have been and will
be set aside for rate stabilization purposes pursuant to Article
II I hereof.
DDo Recvclable Materials shall mean those materials, other "
than Recovered Materials, which' are separated from Solid - Waste,
either at the source of such Solid Waste or mechanically at any
transfer station, recycling faGilita.es or other location, as the case may be, and which are capable of being returned to the economic mainstream by the System. Recyclable Materials may
include, but shall not be- lirnited to, bottles, aluminum cans,
newspapers, cardboard, paper materials, or other specific com-
mercially marketable items, where and only where such materials
have been specially sorted prior to collection, apart from the
common municipal solid waste stream for commercial manufacture or
recycling.
EEo Reaional Cities shall mean at any time any city or town
within Spokane County which has executed a Regional City Interlocal
. Agreement.
FFo Reaional Ca.tv Interlocal Avreements shall have the
meaning given to such term in the recitals hereofe
GGd Reaional Landfill shall mean any one or more landfills '
ar portions thereof (includirzg anyIPre-existing Landfill) here- ~
after designated by the City, by written notice to the County, as
aRegional Laridfill, such designation to signigy the intention of the City to use such landtill as a disposal site for demolition
Solid Waste, bypass So3id Waste, nonpgocessible Solid Waste ar
other category of Solid Waste, irrespective of whether any such
Salid Waste is generated in the City, the utLi.ncorporated area of
the County, the Regional Cities or JFairchild. If a Regiorial
' Landfill is sited in the unincorporated area of the County, the
: County must concur in the designation of such landfill as a
• Regional Landfillo
HH. Reaional Landfill Costs shall mean the cost of Closure,
Postclosure and Cleanup of Regional Landfillse The term alsa shall
include all costs incurred by the City in defending, paying or
_ settling lawsuits, claims or judgments as the result of operating
of any Regional Landfill as well as any costs incurred by the City
. in the design and/or construction of domestic watex systems
recZuired as a result of the operation of any Regional Landfill.
In the case of any Regional LandPill that was previously a Pre-
• existing Landfill, Landfill Costs relating to such landfill incurred after it was designated as a Regional Landfill shall be
considered Regional Landfill Costs only to the extent such Landfill
Costs are allocable to Solid Waste disposed of at such landfill
prior to such designation. ,
-10-
. ,
Ir. Revenues shall mean all revenues, Tipping Fees, interest
income on all Funds and Accounts created by the Bond oxdinance to
the extent not paid into or retained in the Construction Fund,
energy sale receipts of the System, and charges, rents and other
incame and receipts (other than any Rebate Account determined under
the Bond Ordinance) derived from the System including, without
limitation, (i) collection revenues and all Tipping Fees or
comparable charges collected by the City with respect to the
System, (ii) any payment of performance 'liquidated damages or delay •
liquidated damages under the Construction Contract and the Service
Contract, (iii) all amounts due the City under the System Energy . Contracts, (iv) all insurance and condemnation proceeds, which •
shall be deposited into the Renewal and Replacement Account under
the Bond ordinance (except business interruption insurance
proceeds, which shall be deposited intv the Revenue Account under
the Bond Ordinance) ,(v) all money due the City under any recovered
matezials or recyclable materials sales agreements or otherwise
with; respect to the sale of recovered materials or recyclable
materials, (vi) any amount payable .by any surety under any performance bond, and (vii) any paymertts due the City under this
Agreement, the Regional.City Interlocal Agreements, the Construc-
tion Contract, the Service Contract, or other documents relating to the System except payments thereunder required to be deposited
in the Construction Fund, the Renewal and Replacement Account or
the Redemption Account, puzsuant to the Bond Ordinance. JJ. Scale Svstem shall mean the scales, scale house, compu-
ter hardware and software and associated equipment necessary to '
operate an automated ticketing system. `
KR. Series 198.8 Bonds shall mean the "City of Spokane . '
Regional Sal.id Waste Management System Revenue Bonds, Series 198818 to be authorized by the Bond ardinance, which are to be issued to
finance, among other things, a portion of the cost og the 1988
Improvements and Additions and which are payable from the Revenues
of the System.
LL. Serttice Contract shall mean the operation and Maintenance
Contract dated November 3, 1987, between the Ci,ty and the Company,
or its successor (as designated and approved by the City and the
County) as the same may be amended, modified or supplemented from
tYme to time in accvrdance with its terms. I++Mo 5ite Pretiaration shall mean engineering and design, and •
, construction and ir,stallation of roads, foundations, earthwork,
utilities, (electric, telephone, sewer, water) and conerete slabs
necessary for the Scale System.
NN. Solid Waste includes garbage and refuse and shall mean
all putrescible and non-putrescible wastes, whether in solid or in
liquid form', except liquid-carried industrial wastes and sewage,
and including garbage, rubbish, ashes, industrial wastes, swill,
demolition and construction wastes, abandoned vehicl,es or parts
' --11-
. ,
r
~~ereof, discarded hame and industrial appliances, manure,, digested
slu.dge, v+egetable or animal solid and semi-5olid wastesr dead
.
araima3s, and other discarded solid and semi°saxid materials. Solid
Waste does not include ReGyclable Materials or Hazardous Wastee All rnaterials depasited in cans or containe_xs for cvlleGtion (vther
_
than Recyc].able Materials ar Hazardous Waste) shall be deemed Solid
Wastee . 00. svstem shaZl mean the existing Spokane Regiana3 Solid
Waste Managemen~ System coznprzsed of all prapertyp rea1 Qr
persvnal, °tangikale ar antanqible, that is .nvw owned vr hereafter
acqzired by the City and is u~ed or useful by the Caty (i) in -
connectian with theft collectzan and disposaI Qf Solid Waste gcn+er-
ated withiM the City's boundaries and (ii) in cQnnectivn with the
disposal m~ Solid Waste generated, arid- callected elsewhexe and ' .
del ivereci to the System for disposal. As of the date hereaf, , the -
' Sys~em includ~~, w%thout limitation, (a) the City's Northside
:Landfi3Zr (b) the right of the City to diSpoSe o£ Solid W,aste at . the County e s Niica Landf ill pursuant to the Caunty Interlocal .
Agreement, and (c) the City 's refuse collectivn systes-a and all .
facilities and equipment agpurtenant thereto, together with a11 •
equipment, ro11ing stack facilities, groperties, whether real or .
e perscana3,, and vehicles m+ecessary or indzdent theretoQ "
' PPa Zjnpina Fees shall rmeaa~ the amoumts charged pex Ton of
Solid Waste frax` disposal of Solid Waste 3~~ th+e System, which
'
Tippang Fees shaZl be determ.ined in accardance with 5ect3ons 2.3
Znd 2.4 he3C+EC?fv
QQ. 1988 ImDrovemeants and Additiens shall 7nean (a) the . .
Facility, (b) xecycling centers loca~ed at the transfer statians .
ana the Facizitx, (c) two trans~~~ stations, ana (a) the R~~~~na1
I,,andfill, includ~ng a1l prvp+exties, real c~~ ~~~~~~al, incident
L.SYeretv a
' Sectiran 1.2. Terms Not nefined .in this Aareement e ~nless
the context otherwise requiresr capita3ized terms used herein (but :
" nat defined herein) which are defined a.n i.he B+ond ordinance, the
Construction Contract,. the Service contract, or t~~ Agreement fcr
Firm Pvwer Purchase shal3 have the same meanings assigned ta them
. in said documents. If adiscrepancy shvuld exist between the
definitivn in any ane ax' more vf said dacumergts, the d+efinitian in
the Bvnd ordinance shalt ~e used. r '
. ARTI+cLE xI
COOPERATIVE PRUJECT
Section 2.1. Purnose of this Article. The gurpvse af tM"is
Article is to set forth certain agreements between the City and
' the County relating to the use of tYie 5ystem for the collecti•on,
• .management, handl,ing and dispnsal vf Solid Waste within the City
and unincozporated areas vf the CQunty4including tlYe establish-
ment af Tipping Fees, establa,shment vf a landfill clasure cQmponent
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of ttae Tipping Fees r enforcement of the F1.ow Control ordinazice and i
other matters Q I
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Sectjvn 2.2. 4umershi*o of 5vstem. Tne System shall be owned
and managed by citye
Sectian 2.S. Financinq. Th.e Gity sha.11 fxnance the portion
of the cast of the 1988 Imprvvements and Additians not paid fxom
grant preGeeds, interest earned an xnVestments of priar borraVings
or other legally availalale fuiids by issuing Series 1988 Bonds and
Additianal Bonds payable s4lely fraTa the Ravenues of the System
and, to protride fu,nds ta make such payments, shall ac~~~e in the
$orid Drdixaanee to establish collectivn :Eees and Tipging Fees that .
axe adequate in ammunt to camply with the Rate Covenant ~nd '
ot~erwise fulfill the requirements of the Band 4rdinance and ~his
Agreement.
Section 2.4.. Ti►?nina Fees. Pre-existina Landf ill Clasure,
Postclasure and CleanuRa
(a) zn estab1 ishing its co1lection fees and Tipping Fees ta '
cQmpZy with the Rate Covenant, the City (,i) shall exclude frvm the
costs to be recvvered through the Tipping Fees al1 city collection
Costs, inc,luding City Fre--existing LandfiZl Cvsts, and shal.l assume
that all City Co1lectiQn Revenues shalZ be available sQZeIy to pay
Cxty Co3lection Castsr(ii) shal1 include in the casts be sa
recvvexed all Regional L,andf,i11. Casts; and (iii) shall ixacl.ude in
the casts to be sv recoveredx but onZy thraugh the landfill clvsure ,
com.ponentr the Caun,ty Pre-existing La.nd.filZ Costs, ,(b) A necessary element of achieving a regiona3 .solution ..tv the regior~al problem of Solid Waste disposal i~ funding the cDSt
' of Clasure, Postc3QSUre,, and C3eanup of gre-existing Landfills 6
Pursuant to Article IV herevf r the Cau~ty will authoxize th~ Cityr canmencing as of octvber 10, 1985 Ato provide a31 Solid Wasice .
d%spcasal services previausly pravided by the County and ca1.lect all Ta,pping Fees therefore In recognitian of th.e foregoing, the City
has ihcluded and shall cantinue to include in the Tigpin+g Fees it
estak~lis3aes far the Sys°kem, conunencing March 1, 1988, a~llandfil"., cJ.osure companent" the revenues from whiCh for the gerivd commenc-
ing Octaber 101 1988, will 1ae a3,lvcated between the City a.nd the
County as prvvided hereina with the CauntY s portir?n to be' used hy
the County ta pay Gaunty Pre-existing Landfill Gastsa
(c) The parties agree that the Cvu.nty's partion of the revenue
from the landfill clasure contponent nay he used either (i) k~~ the
Caunty far he purpase of paying County 7Pre--existing Landfill Costs
directly or 4 iiy by the City far the purpose of paying debt service
vn 'series 1588 Bonds or Additi.~nal Sonds issued to finance such .
County Pre-existing Landfil]. Costs. ,
(d) To provade tha;s primary source of xevenue ta the County,
while assuring e+quitable treatment 4f C.ity and Caunty residents,
the revenues c03.1ected by the 5ystem from the landf il1 clvsure
~
companent of the Systern°s Tipping Fees will be allocated between
the City and Gaunty in the same proportian based upvn weight that
the non-City solid Waste generated in the Cvunty and delivered to
the System bears to the Solid Waste generated in the City and
. dalivered to the Systemo The landfi11 closure camponent shall me established for any
1
p~riod at alevel such that the xesulting revenues generatQd . by
~~e landfill clasure camponent and allvcated to the county (after
deaucting anY amounts allacated to the Regional Citi~s and
• Fairchild) are at lea~~ equal to the County s Pre-existing Laradf ill
costs to he paid or am~~tized from such revenues during the geriod a
Ifany of the Regional CitFies that enter inta a Cteity
Inte:~~,aGal Agreement are ~determined tv have li~.bil~,ty under chap70.95B RCW or the C❑mprehensive Enviranmental Response~ camgansa--
. tion and Liahility kat (CERCIA) in conneCtlan With ar►y la~dQ~lof
the 5ystem sl~a~11 a~.lv~cate•to each such Regiana~, City apar
, the revenues frvm the landfill clvsure cbmp be tin t5ame .
Tipp,~ng Fees e Suc~a allacat~.on of r~evenu+es shall
proportian that such entity' s S al id Waste generated and
delivered to the System bears to the tvtal nan-City ~olid Waste
generated in the Gounty and aelivered to the 5ystem each year. The
' portion af nan°Ci~~ ~olid Waste genegated and delivered u~a ian
sy5tem b~r each Rer~ior~al Czty shal~. be ~.etermin+~d by th~ ulata.gn of
af each such entity Gompare~. to the total nvn~°C~.ty ~pthe Cvuraty or by such ather mechanisrn as nay be mutually agreed
upon by the City, tne Cau~ty ~~d such Regional +Cita.es.
and,
Am.aunts, if any, allvcated to aRegional Ci1ty ar~ ~o be used to pay all or a pvrtivn of ruch entity's landfill liabil~tYexceed
. ~a.+~cc~rd~,n~gl~►, ~Ghe aggregate ~caur~t so al~.acatec~ sha~.l nonar shal1 it +~xceed the ~~vunt of
~~~e l~and~' . c].~os re comg ~ n~ paid by sueh Regional Cityb
' (e) xhe landfill clasure companent will be incr~~ s as c~~em~d
4 creased periodically at th~: rec,ues~C af the Cou~nty necessary by the City ta . generate the amvunt Qf funds required by
the Caunty ar Regiaxaal C3ti'es for Pa~~~~xisting ]C,andfill costs,
' (f) A11ocation Qf the revenues frcam the landfill a1osure
. comPvnent af the Tipping Fee wi11 be made mon'Ghly ta rhvr
actual propartivns based upon we~.ght af 5+~lid Waste el ivered ,~it and
ca~zse~. ta be deliver~:d to the Sy~stem ~each year 3~y the
County. The determination vf the total weight vf Solid Waste
• del ivered or cau5ed to be delivered to the 5 5c ~.e b~ ~t~ms iar, andat
the Crunty shall ba ~mar3e thz~vugM, the use of Y b~
' an~r disposa3 site wY~ere ScaZe Systems are nvt availaY~le,
converti ng volumes ❑f Solid Waste to tans of Solia i~ Wast~ t~
~,greed ug+~r~ rates v f 3 1J 3 cub ~.c yarc~s v fcompactec~ svl.
Qne ton flf S ol id Wastr: arac3 62J 3 cub'ic yards yof noncompacted
Waste to c~ne t~an c~f SQ~. i~d i~Taste o'~he d~eterm~.na~.a.on er~ar~
pa~rtacular S~olid Waste del~.vered to a disposal sit~e by an~ al be
is fram the City ar from other areas vf ~:he cncanty
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determined by the City through such methods or systems as the City
and the County shall agree and deem appropriAte.
(g) The City's and County's allocable revenues, including interest earnings thereon may be used for the followinq purposes:
(l) City (i) To pay City Pre-existing Landfill Costs cur-
rently;
To fund a reserve for future City Pre-existing I,andfill Costs; (iii)To pay debt service on Series 1988 Bonds and
Additional Bonds allocable to payment of City
Pre-existing Landfill Costs;
(iv) To fund a closure reserve fund to close City .
Pre-existing Landfills; '
(v) To pay other City Collection Costs;.or
(vi) Any other lawful purpose of the Cityo
. (2) Countv:
(i) To pay county Pre-existing Landfill Casts ,
currently; or , •
(ii) To pay debt service on Series 1988 Bonds and
Additional Honds allocable to payment of the
Caunty s Pre-existing Landfill. Costs.
(3) Rerxional Cities :
(i) Ta pay their proportionate share of 1.andfill
closure liability in an amount not to -e=eed
their landfill closure contributions.
(h) The amount of the landfill closure component per ton of .
Solid Waste wi,ll be determined by the County in accordance with
its needs. Such amount wili be set by the City at a level needed
to provide funds sufficient (i) to provide for the payzaent by the
County of all Caunty Pre-existing Landfill Costs that have not been
provided for by proceeds of Series 1988 Bonds or Additional Bonds
plus (ii) to provide for the payment by the City of debt service
. on Series 1988 Bands and Additional Bonds issued to finance County
Pre-existing Landfill Costs. The aggregate amount of funds
provided to the County or the Regional Cities for the proceeds of
payment of Pre-existing Landfill Costs (including net proceeds of
Series 1988 Bonds and Additional Bonds issued to finance County
Pre-existing Landfill Costs or Pre-existing Landfill Costs of the
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'Regivnal Ci,ties and ail ather futnds provided to the County or ttae
Regfonal Cities thraugh operatiori af the -landfill closure com- .
ponent, but excluding debt service. an such bonds t❑ be f unded
thraugh the 7.andfill closure camponent) shall not exceed
$20,000,,000 (as to the County) plus the amaunt of the landfilZ
Glosure cvmponent paid by each Regional Gity and paid to the
Reqional City pursuant to Section 2.4(d) hereaf. .
. ~ Except to the extent that a land fil l c1 a sure cvmponent of .
. the Tipping Fees shall be imposed and distributed under this
Section 2e 4, this Agreement sha1l not be construed in anX manner .
as tti creat~, directly or indir~ct3Y, liability to the Cx'ty for
Caunty Pre-existing Landfixls, or liability to the Cvunty ~or Gity
Pre--exista.aag Landfills a Nvr shall this Agreement alter any current
liaba,lity the City m_ay have ta the County or the County may have
tv the Cit,y with regard to the landf ills of the Qther o
5~~tion 2.5. Cauntv 's'Flow Cantral ordinance o
(a) As part ❑f t:h.e County 4 s cantributian to the regivnal .
• solution of the regianal. Solid Waste disgasal pzobZem, the County
has ad.opted aFlaw Control brd.inance, Chapter 8.56 vf the Spokane
Couraty Codeti That ordinance provides, in essence, that all 5olid
Waste cvllected in the una.ncaxparated area of the County shaZl be
' d.isposed Qf at a site designated by the County. During the term.
of- this Agreement, st~aject to the exceptions Gurrently in effect .
cvr~tained in its Flraw ControT Ord.inance tne County shall designate
, the 5ystem as its svle disposal site at all times the Systen is in
op~ration, ~~all not, directly or indirectlyo site or permit to ]be
- sited anX Solid Waste 'disposal Site ath~r than the System, and
shall enforce the Flow Cantrol Ordinance continuausly; providedo
ho~ev~~,, th~t this sentencer sha].l naic apply to Hazardvus Wastea
The designation of the System required by the preceding sentence
shall be made b~ the county concurr+ently with the e~~~~~iveness of
, th3s Agr~ementa
(b) If all or part vf the Flvw Control Ordinance and/Qr
regulations pramulgated thereunder age declaredl to be invalid by '
; acaurt of ~~mpetent jurisdiction or are not cor~tinuously enforced
by the County, ana the County s ability to require the del ivery of ,
Salid WaSte ta the System there:by is impaired, and if the System
is aperating at areduced capacity dlue to the County''s total or
, partial inability tv eontrol the flow af Salid Waste, the County
shall be obligated eithe~ to deliver or cause to lae deliuered
substi~uted 5olid Waste fia the Systez .in an amvunt equal in valume
to the 5o1id Waste it has repxesented it can contrvl, or to gay an
amount of money which would equal the econ'omic value (a,aacluding
penalties due the Camgany and last energy revenue) of such non--
delivered Salid Waste. In computing the Caunty's vhligation to
deliver or pay the ecanvm~~ ecruivalent of nan-delivered Salid
Waster the County sha11'get credit far alI solid Waste delivered
ta the Systen+: atrier than Solid Waste deliv~~ed by the ci.ty and the
Regi4na1 Cities and Solid Waste d+elivered 4to the System by City
residents and Regiona3 City residentsE or fram residents, com-
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. panies, institutians ❑r athers whca reside within the City ar the
Regional cxti+es but manage their own garbage. .
I,
(c) The Cvutaty's ❑bligatian to pravi,de SoZid Waste ar rnvney Ir `:I
equal ta the econvmic value of non--deliver~~ Solid Waste to th,e
System is ageneral Qbligatian of the County. The ecanamic- value
of non-delivered 5olid Wa~~e vill he equal tv the reductivn in Net •
Revenue (as hereafter defined) of the System caused solely by the
. reduced fIow of SQlid W'aste fram the• unincorporated pvrtians' of the
County because af• the County 's inability to .enforce its F1nw
Contrax ordinancee. "Net Revenue" shall mean Revenues less casts '
of Ma.intenance and gperation.
{d} If the County Flow Contral Orda.nance is valid and the
Caunty enfarces. it cantinuvusly and effectivelyr lbut the valume of `
Solid. Waste in tae unincorporated area of the Cou.nty is lower than
a.ntic3.pated, the County shall not be obligated ta pay an economiC .
equivalent or to provide the System with staYistitute 5alid Waste.
If an unincmrparated azea ]aecomes a.ncarporated, every pcsssible
legal effart sha31 be taken to nbligate said area ta assume its
al3.vcab1e share of the CountyY s obliga'tivn to pzavxde salid Waste, ,
as authorized by 3awo
(e) If the Caunty, by va.rtue of its cantinuaus enforcement
, • of the Flow Cantrol Ordinance, incurs inverse +candemna-
. tion costs ar expenses, saxd costs or expenses shall be reXmbursed by the System as aCost of the System ar as
a Cc~st of Maintcnance and Operation.
Section 2e6. Revenues and Bu,c
laetsa~
(a) Th~ City shall prepare aM Arinual Budget for the System at ~ - - ,
the same tixae the City prepares ,its general bttdgst and shall . .
~ubmit the 5ystem Aanual Budget to ~ounty for revi,ew-and
comment at least thirty days prior to its advptivn a The System
Budaet shal1 separately a,dentify all City Collection Revenues and
Costs. The Annual Budget shall znclude a wark plan r implementing
the waste reductior, /recycl ing pragram and the 1itter ccantrvl
pragraiao Within ten da,ys of its receipt of *the 5~stem Annnual
Budget e the County shall del3ver a.ts camments in wrxting ta the
Cxty Mariager who sha3.1 transmit then to the City Cou.racil in a.
timely manner.
(b) Tne Annual Budget for the System shaY3 establish suffi--
.cient Revenues to comply with the Rate Cavenant and any similar
covenamt in any such ordinance autharizing Additianal Bone°~ and- tn
, pay at minimum the fallQwi.ng expenseso
(1) Costs of Mainteriance and Operation of the 5ystem;
, (2) Debt service on the SQries 2988 Bands and .Ac3d?-
' tional Hands as requzred by the Band ardinance and
any such other ordinance;
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(3) coverage vn the Series 1985 Honds and Additiangl
_ Bands as re~~red by the Bond prdinance and any such
other ordinance;
(4) Series 1988 Bvnd and Adda:tional Bond reserves, and.
a11 other payments required to be zade by the Bond
C]rdxnance and any such other vrdinance,
. (5). System costs, including rer.ewa:ls and replacements ;
and
(6) Landf il1 closure cvmppnent as defined by Se~tion 2.4 of this Agreement; .
provided, however, that in establishing it~ col1e~tion f'ees,
Tipping Fees and other similar charges to comply wit3~ ~he Rate
Covenant and tfie foregaing, City callection Costs, including City '
Pre-~~xisting Landfi3x ~Casts, Cat~r Co~.leGta~an ~tevenues, Regivna~. •
L.andfi~.~. Casts and Coi~nty Pre-existing Landfill Cpsts shal~ ~e
r~flected in Tipping Fees onIy as provaded in Secti,an 2. 4(a)
hereof. ,
(c) T.7..pp].ng F@eS Shall bt: Llnifo1`"m f[]r t1e same Cla55 C3f
service, excep~ that Tipping Fees at the Systen's transfer stations
and the F~~~l'ity may difier to ref3,ect the casts of trar,spvrting .
SolJ.K Wa±Zte f.L,.VW •-••e L.A..G3.nsfGr sf.+.[.it.tLons 4ro YrhG Fa'LilityP LISi.irlGVLrL4Ii1~
fees may L+oid6rin~e to tl 4.i ry YfiV.4].iA1 th.e 6rounty and beLw►If eeJA. tBJJ,,eR,sity ,
and the count~,r a
(d) If ~e City or County s~~uld impase a utility ~~x on.
th~ dispvsal of Sola.d Waste a~ System, the proceeds vf •txat
utility ~ax an dispasal +v~ ~ol~d Waste gene~ated within the County
' shall b~ shared, after the ded:~~tion of ~ll ~~~~~~riate and
reasonable aftinistrative c+~~~~ ~ be~~~en the Ci~y and the , County.
proportiona~ely based upon the tons of Solid Wa~~~ de1'iv~red to .
the Sy~~~ ~rom the city and the tvns Solad Waste dalivered tv the
System from other saurces. Proceeds of that utility tax Qn.
dispasal of Solid Waste generated ou'tside Sp~kane county sha1l be
Shc~redr 3f`L~~ the ded'17.ctiDn of al1 c3pp~opZiatt'_ and 1'ex35ona3]le
ad354].I77~~tra~'.iVe aCoStS, betWeeII the C].'~y, thE' 'GC7utt"Ity and the RegiC33'13_L
, Cities, on the sar~e pra~nrtionate basa.s as Salid Waste generated
within the Cvunfy,
(+e) other than +changes in the Tipging Fee required by the Bond
. ordinance vr made in accvrdance vr~th sgcta.an 2. 4of this Aggeement
to provide Revenues tv fund Pre-existing Landfill Costs, Tippin;
Fees shall not be increased or decreased wXthaut the agreement of
bot~ the City and the County..
Secta.on 2.7. 14anauement,
(a) . The City shaTl ~~erate the Facility and shall be -re-
sponsib1e far making all ogerational decisioras ather t:~~n ma j or
decisivns, as more p~~ticula~ly desczi~ed in subsectivn (l~) ~elow.
The City shall account for al1 City CQliectian Revenues and City
° COl1eCtion CqstS separately to as5ure $hat suCh reVenueS and coSts i -
are nat ineluded in the calculation of the Tipping Fees. The City
may charge City general overhead expenses to the System as a cost -
of Mainteriance and Dperation in -the same manner as it uses to
allocate City general Qverhead expenses to its water and sewer
utilities. Trie Cxty shall be respansible far all contract and non-
contract ernp1oyees of th.e Sy~tem - at~~r than emplayees of the . Company, or its assignsr agents or successor. Provided, however,
the hiring or terminatian of the ~~rector ❑f the Spokane Regianal.
Svl~d Waste Disposal Proj ect by the City phall 3ae made unly after
consultation with the Caunty.
(b) De~cisions relating to the fpllowing m;atters are conside~ed
major decisians and, therefare, no modificativn vr chanc~e in them
xu~~ ~e made withaut the agr°eernent of the City and the County: (1) An expansion ~of the System' s serrice territary ta
include use of the 5ystem by persans, f3rns or corparatian$
outside the boundaries of the County; -
(2) Any sir~gle discretionary mod%fi~~~~on of trie System
costing in excess $1, 00Q, 0Qa (renewals vr replacements
whi~~, in the npinion of the Cityjare necessary for the
effxcient or safe operat'lan of the System shall nvt be deemed
discretivnary modifiGations):
(3) - Majgr change in the Const~~tion' Cantract increas-
ing the cosf of th~ Facility by $1,000, 400 ar mvre per 'cnange
order, or in the Sexvice Cantract increasing annual opexatinc~ ~
costs by 5% ar -mare , (4) Any change in the amaunt vr components of Tipping
Fees other than changes m-ade to fulf ill the requirements of
the Bond Ordinan~~ made in the 1andf'il1 closure comgonent
• in accordance with the prvwisions of Section 2.4 of this
Ag~~~mente
(5) The siting and selectxon of any publicly owned
transfer statian(s)e
(5) T:~`le aCZOpt3C73~ and imple1t'llentat1QM ❑f ii Ci7u37ty^Wld~
Solid Waste Reduction and/or Re~~cling Program.
(7) The adaption and imp3.ementatzvn of a County-Wide
` Li~ter Cvntrol Programd .
. (8) The siting and selecti❑n of any Regiaraal Lardf ill
to be used for Salid Waste, Provided, hawever, that if the
County d~oes not consent to the siting and selection of any
Regional Landfi1l under the pravisi9ns of this Agreement, and
such actioyi has anaterial adverse effect ra~~~ th~ ~evenues,
the County, in that event, shall pay ta t'~~ City an amaunt of
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money equal ta the eeon~mic value ~f incr°eased disposal casts
due tv ~~ch :~efusa1.. • '
( 9) The adoption, development, and i~plementatican of a
County-Wide Dangeraus Waste Dispasal Prvgram. -
Maj vr decisior~~ requir~ the corrcurrence of both the City and
the Caunty and shall be made by resalution of their respective.
governing bvdies e ,
(c) The City and County shall farm a five-member Policy .
Liaisnn Hoard, ~om~ri~ed Qf two ~ity representatives, two County .
representatives and one ~epreseratativ~ selecter~ by the Regional •
Csties wha shall be a non-vating s~eirOoer. . The City and the County
shall each appaint their repzese~~atives. who shall serve without
additional compensati+an. fihe purpose and fun~tion vf the Policy
Liaisan ~~~rd shall be to create a forum far discussion among the
City, the Coaanty and the Regional Cities cancerra~~ the Facility ,
anc1 to• create a body to whvm information ~cvncermi~~ ~~e Facility
can be provided. The Pal.~cy Liaison Board sha7 ~ have no indepen- .
dent dec~sion-making authari~~ ~ The PoTicy Liaison Esaard shall
review all Facility requests and transmit those recfa,~sts to th~
City~ ~ounty, a~n~d Reg.~ona1, city represent~.tive resp+~ctivel~r. T]~e
P01~,cy Liaisan Board shall revxew and rnake a~~commendativn oz~
~~~se matters s-et forth ,in 5ection 2.7 (b) hereinabave. The City
shall prvvide a statement of Facility i.ncome a~~ expenses to the
Palicy Liaison Board pramptly a~ the end of each calendar r,uarter
or on such other periadi~ basis agreed upan by the City, the
Cau-nty and Regional City ~eprcsenta~ive o ~ • .
Dura.rag th~ ~~~~truction and operational testa.ng and acceptance
phases ~f th~ ~~cility, the Policy Liaisan Board shall ~~et at
least zonttily to revier~ the status r~~ ~e Facility and to disCUsS ffiatters wh~ch sh~uld be revlewed by the City and t3ae Ceu.ntya Th~ Cit~ shall cause mon°thly reprxts to be nade ta the Policy Liaisan
: Board during this phase. ~riar to acceptanc~ ~f the F~cil~ty by
the City, ~olicy Lzaison Board ~haill be c+~mpris~ed nf members
a' f the city Cvuncil and Board of County Commissioners and a member °
of th~ City Cou.r~cil af one of the Regivnal Citiesm
After the cQnstruction and aperatiart~~ testing ancl acceptance
of the Fa~ility, the Policy Liaisan B~~~~ shall meet at 1east once
. each ca3endar quarter or on such oth~~ ~~rivdic basxs agreed u,~~~
by the m+~~~~~ to revi~w operatzvnal, natters pertaining to the
. FaciYity. ' The City shall cause an operativnal status reprsrt tv be
made ~~ch meetings e Dur~~~ this phase o£ th~ ~~cility~ the
' Po13cy Laaisar~ ~oard may k~~ comprised af representat,ives af the
City, Cnunty, ar a Regional City ar of rnembers of th~ ~ity Council
ar Boa.rd of County Commissiomers or th~ Coundil vf a Regional C~ty.
The failure of the Pola.cy Liaisvn Ba~rd to me~t a~ prcavided
in this seetivn shall not invalidate this Agreement.
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' (d) The airector of the Regivnal Solid Waste Dispasal Praject
shall regaaxt directly to the city Manager. The Director shall have
contro], aver the 398$ Improvements Additions as well as the Caunty- 4 ,
Wide Solid Waste Reduction and Recycl,ing Programr Caunty-Wide
Litter Cvntro3 Program, Uangerous Waste Dispasal Fraqram and .
transfer stativn (s) .Upon zeaching the Acceptance Date, as defined
in the Design ancY Canstruct$,on Coantract, as wel.l as completion 4f items 5, 7,, and 9im Paragraph (b) hereinabove, the City may
reorganize the marsageanent af the Praj ect as deemed ne~~~~ary for
ef€icient operativn.
S~ction 2.8. Waste Red.uction 1Recvcl incr Proaram. The . Caty
has implemented and shall ~ontinue a Gomprehensive recycling .
program to encaurage the recyalin~ ~~lid Waste ~~roughaut the
Caunty, througln the term af this Aq~eement. -
Section 2.9. L,itter Gontrol Procxram. The G'Ity has inple°~
~~nted and ~ha1l continue a compzehensive 1itter contral pr4gram
designeal tv control the miscellaneous unperataitted dump%ng af 5~lid '
Wasta at si:tes oth-er than at the Sys~em thraughout the County,, .
through the term of -this A~reement. -
ARTICI,E III
RATE STABILIZAT'ION
Section 3.1. Puroose of this ArticIe. The purpase of this
' Article ITI a.s ta amend and restate the Rat~ ~tabi].ization Fee
Agreement. • f'.
' . The ~~ty ha~ ~~tered into an Agreement far F'irm Power: Purchase
with Puget Sound Fower and Lig;ht Company for the sale af electra.c -
pawer fram the Facility, whl.ch agree-ment pxovides for escalating
gower rates 9 The Rate Staba.lizati~~ Speoial F=d and the Rate
Sta.ba.Yization Account referred to be1aw, ~~e d~signed to stabilize
Tip;~ing Fees in the earZy years af aperation of the FaciIity and
thereby achiev~ ~ Tipping Fee zate result which will approxinate
a level,ized pawer payment cvntract.
Se~tivn 3.2. Rate Stabilizativn SDecial F'und9 The Treasure~
the C'Ity has created a speciaa- fund, separate and distxnct from
' all other funds a~nd accounts of the CityR designated the "Rate
S~abi.LiiaL~ti'aI'~ ~~eciC3~ Fundia (the ttRate. Stabili4aL..i.on F'Ladxdlt)r T11'G
Rate Stabxlizativn Fund contaiz~~ two accaunts, the "City Accaur~t"
• 8I3d '~~e "Goun'~y AccC1unt" r intO Which the Cl'~~ and the Co`E1Ilty..
respectively, sfnce March 1, 1988, - have depasited the Ra-te
, Stabilization Companent tha~ each colZects fvr Sv3.id Waste disposal
services initially ec,uivalent tc~ $12.50 per ton vf Solid Waste
' dispa'sal. As of 4ctokaer 10, 1988, w~en the ~~~nty ceases providin~
~olid Waste dispvsal services anc1 the City commences praviding
disgvsal services prevYously provided kay the Courrty..and. coll+ecting
3"ipping F'ees t,herefor, the ~~ty sh~ll cvntinue ta collect the Rate
Stabilization Cvmponent vn all Solid Waste dispased a~ by it and
depns suGh Component into the apprapriate accounts of the Ra~e
-21-
Stabilization Fund. The Rate Stabilization Component shall '
continu~ to be collected ~nd degasited ~s proWided herein at 3east ,
thra~~~ the date thraugh wh~~h 'Interest vn the Series 1988 Bvnds
and the Additianal Bonds is tv be paid fram t_h_e prQceeds thereot. .
L~pon the issuance of the Series 1988 Bonds, all amvunts 'in the Rate .
Stabilization Fund shall be transferred ta the Rate Stabilization
Accaumt c~f the Revea~~~ Fund establa.shed under th€ Hond Ordinan~~
(t~e "Rate Stabilization AcGount" )f which s~all nat cvntaa,n any
subaccounts. SuGh transfer ~s refer~ed to in this Art~gle as t~e
"'Bond Ord inance Transf er 4's .
Sectivn 3.3. Use mf Mc~~ev in Snec.ial FundMoney deposited
into the C.~~y Accaunt, the Cvunty Account or the Rate Stabil izatiar~
~ccount shall be used tv stabilize the Tipping Fe~s 31.n the early
years of the operation of the F~~ili.ty. Privr to the Bond '
Ordinance Transfer, th~ City or the County may borrow up to the .
amount each h~s deposite+d ix~ their respective account pursuarit to •
Section 3.7 hezeof. '
5ection 3.4. Investment af Sx~~cia3 Fund. . Prior to the Bnnd ,
Ordinance Transfer, the City shall ~~ep all money in the Rate.
Stabilization Fund ~ontinuously invested in inves~men~s lawfully
. a~ai1.able ta the C~ty. Interest earnings an tne Ca.ty Account sha1l
be accvunted for separately and sha~l be credited to the City
Account. In~erest eaxnings an the county. AccQunt sh~ll be
accounted for separatel.y a~~ ~~~ll be ~~~~~~ed ta the Caunty
A~~ount. AfteY the Bond 4rdinamce Transfer, amou~~s in the Rat-e
Stabilization Account shall ]~e invested in accordance with the Band ,
_ ordinance, ~ - Section 3. 5. [Tse of XQnev. Anounts ,~n the Rate Stabilizatian.
FuI'!dR and the iI°ltereS'G ea1~ing:3 t1er~,.'on, unle'S5 wit$7drawn aS
hereinafter provided, sha31 be u-sed fc~~ purpose of stabili~ing .
• Tipping Fees at the Facility duria~g the init,ial vperating years af .
the Faci.lity or as atherwise required by the Bofld Ordinance.
. section 3.6. Withdrawal. Prior to the $ond Ordiaaance
Transfer:
(a) The Ci~~ and the County may withdraw an equal amount vf
, money £rom k~~th accounts for the suppart vf the Sys-tem, and, if
additiona1 mo~~~ ~till ava~~~ble in each account. then
(b) (a) above is provided for, the City. ar the County raay.
withdraw maney f .roin the Ci~~ Account (in the Gase vf aCity
w~thdrawal ) ar the Cotanty Account (in the case of a Cou.nty
w%thdrawal-) i.n an araount up tv the balance in each r+espective
accau.nt, Ivfe~~~y 'may be wa.thdLrawn from the Rate Stab%l'lzativn Fund.
t4 pravide mvney tfl the City or tc~ the Cotanty £or the sole purpase
vf paying landfill alosure costs and expenses for city-vwned
landf3l1~ (in the case af, a City withd.rawal) or for CQUnty-°owned
landfills (in the case of a County withdrawal) . Money may also be
withdrawra frorn the Rate St~bi3 ization Fund to pay City costs or
~ -22-
County cvsts for landfills nr dispasal sites fox which either the
C 'Ity or the County may be 1 ia~le.
,
(c) Commencing with the Capitalized Interest Date, and
. continui.ng through March 2001. maney nay be wit'idrawn manthly
from the Rate 5tabilizatian Fund oac, assu-raing the Series 1988 Bonds
have been issued, frvm the Rate Sta~ilizatian Accoutzt e and shaZl
be used for the purpose of stabilizxng Tipping Fees. .
(d) Money so w ithdrawn by the C ity ar the ~ountY r pursuant to
(a)r (b) or (c) , above, shall kae repaid (with interest at arate
eqa.a7, tv the Rainier National Bank publicly arnounced prime rate
at the time of suc~ withdrawal minus two percent) withirr fzve
buSinEr'55 dcdys afte1" thC' l~sudxi[:e of SeriE?5 19$$ BoIYdS.
After the Band oxdinance'Trarasfer, amounts sha1R be witkadrawn
frvm the Rate Stabilization Accaunt svlely in accordance with the
Bond Ordinance. -
ARTICLE Iv .
CESSATION 47F ~~SPOSAL 5ERVICES B~ COUNTY
LTSE OF MICA LANDF~LL BY CITY
Sectian 4.1. Cessativn of CountY Disnosal Services. Cvm-
mencing as of october 10, 1988, the ~ounty shall cease prova.ding
disposal serv3ces for Sola.d Waste generated in th~ unincozporated
area of the County and the Regianal cit3.es and shall cease to
col1ect alI Tipping Fees far such servicer a As of such date, the
. C'ity s~all conmence to prvvade dispo~al servaces for such Solid`' .
• Wast+e and to coll~~t a1l Tipping Fees therefvr. ~
.
5ection 4.2. Citv Riaht to Use Mica LandW 1, During the -
fi~erm ❑f this Agreement,, the City shall h~~e the right to use the
County s Mica Landfil1 for the disposal of So1id Waete delivered
to the Systemg so lang as Mica Landfill is aPre-~x3l'.sting Landfil1
pursuaryt ta tha.s Agreemente Fc~llowing the Gammet~cement Date of the
Facility, the City and the County may a~~gotiate to extend th~
City's right to use the Mica Lan~fill as a Regianal 3C+andfi11 d
peration of Nlica Landfi13 e SuboIect to Sectign
Sectian 4.3. p
4.4 hereof, the Cvur~ty sh~ll operate and maintaira, ox cause to be
operated and ma intained, the Mica Land~ill. Until the Cammencement
Da°~e of the Facility, the City agrees to pay t1~e County manth1Y,
as aCost of Maintenance and Dperation of the 5ystem, a non--
: escalating operata.na fee equal to $18.50 per ton of Sol.id Waste
• dispvsed of at the Mica Landfill. Notwithstanding . P.anythinar
cmnta'ir~ed in this A~ticle to the contarary, the city shall cease to
pay such operating fee t~ th+e Caunty as of three (3) years
fol1owing the date of this Agreement, ar the nccurrence of the
- Commencement Date of the F~~ility, whichever sha31 vecur e~rlier.
. Section 4.4. Scale Svstem. .
. ;
.
-23-
.
, .
(a) The Ca.ty shall instaZl at the Mica Landfill a Scale Systern
for the accuzate measurem~nt of loads. Such SGale. System will be .
owned, operated, maintained and cvritrolled by the City. The City.
. wil3 pv~~chase tYae Scale Systern at an estimated cost of $150, QR0.
The City shall also provide superva,sion auring the instal1~~ion af
. the Scale System the County wa 11 pay the cost of site pre~~rativn
at an estimated cvst of $103, 6fl3 ~ Th~ County shall aZso pacovide
. superv°~slan duzing site preparativnR The Scale 5ystem may .
ultiinately be relocated to a transfer stativn. . .
The City shall be respv~sib1e for the management,
: Qperativn and maintenance of the Sca].e System. Subject tv the
Cc~unty successfully negotiating a~ ~~~ndment wxth its present
contractar operating the Mica LandfilI site. and completing .
apprapriate discussi,ons andJor negotiativns i,rith the appropriate
collective bargaining representatives, fi~~ ~cale aperatars may be
. emgloy°ees of the City and, if so, the Cxty shall be respons%ble for
their sala~ie~ ~nd su~ervi.sion. The scale operators shall calTect .
a1.l Tipping Fees a~ the Mica Landfill.
The County ar its c~~sign~~ shall be respor~sible fc~~r snow and di.rt rerrtova1 surroaa.nding the Scale System and scale hause. The
ci.ty shall be responsible for al3 utility bills (water, electri~
~~ty, telephon~) incurred in conjunction with the aperation af the
Scale Systemo
5ect1on 4.5. D1.Stg"ib17.t3on of T,1npiMCT F@es. Z`he TlppiY7C~ ~ees
col~~~~ed by the scale op~ratars a~ the Mxca Landfill shall be
• deposited in the Revenue Fund of the City s Refuse Department ur~tig C
" issuanc~ the 5eries '1988 Brands after whiCh such Tippi1a~ ~ee~
shall be degQsited in the Revenue Accoun-~ ~~~~~lished .und~~ ~he
Bvnd Ordinance; provided, 4owev~~~ that the portipn of t~~ Tipgj-ng
Fees consistirzg of the Rate Stab~lization Companent shall be '
di~bursed as pravided in Arta~cle ~~I hereof. Amounts deposited in
the Revenue the Ci.ty' s Refuse Department or the Revenu~
~~count established unde~ the Bond Ordiraance shall be used by the -
City to ~~y Costs, of Maintenance and 4~~~~~~~~ the Sy~~em,
inc3.uding the v~~~~ting fee owed tc~ the CQunty i.n ~~spect of the
. Mica Land.f i 1 l. •
Sectivn 4.6. Liabilities. in the event that the city in-
curs liabilities, costs or expenses ~~der the CAmprghensive- -
Envi,ronmental Response, campensativ~ ~nd Li~~ility Act ( "~ERCLA'I)
as a result of its use of the Mica Landf il.l pursuant to this
Article IV, the county shall reimburse the City for all such
3. ia.bilita.es, costs arad expenses. . The County shall nat be . ob3igated •
to r~imburse the City for any liabi lities, costs or expenses
referred to herein tn the extent such liabilities, costs or ,
expenses are alloc~ble to Solid Waste dispvsal at M.ica Landfi~l
after any designatinn of the Mica I~andfilT as a Regional Landfill..
-24-
a '
. ;Sectjon 4.7. =ation arad. TeraiDation of this Arta.cle.
(a) The term af this Article shall be unti l the e~rlier Q f
(i) the Cvmmencem~~~ ~~~e,, ar (ii) three (3) year~ ~~om the date
of this Agreement, uaaless the City or County nntifies the ather
party to this Agreemerrt in writxng of its intent to terninate-30
days before the third ar~niversary date of this Agre+ezent.. un3.ess
suck~ ~ther tfme is agreed to by the parties.
(b) The City shall have areasanable period of ta.me to remove
the Scale 5ystem follawing tezmin~tivn of this Article. .
(c) T'he City shall be respansible for all costs asscaciate1 '
wath the re3gcation arad/vr removal of the Sca]~~ System.
AFtTICLE V .
MI5~~LLANEQUS
' Section 5.1. Anendment vf this .Aareemen:t. Pmendment of this
Agreement n~ay be made ~nly by writtert agreement of the CXty and the
County. ' .
Section 5.2. Duration and Termination of this Aarreemente
(a) The Syst~m is a~egiQna1 system far th.e callection,
manaqemer~~, handling and disposal a~ ~olid Waste and is to be .
opera~ed pursuant to t.his Agreenent. ' Neither the city nsr the
Cotx~ty aray use the Systeaa to the +ex+clusion of the ath,er. ,
~(b) Except as pravided in Section - 4. ~ hereQf, this Agreemen~ ~~al& be for the term of 25 years, or for such longer ;
term as t.he series 19$8 Bo:nds vr any Additiv~~l Bonds remain
c~utstanding.
(c) This ~~~eement can be terminated ear1y only by agreement
• o fthe City and the Caunty. ,
(d) This $igr~~me-nt shall be renewed auto.matically f or suc--
cessive 20--year terms unless the_ City and the County agree nvt to
renew it,
Fol:Lowing termination of this Agreement, the cx'~~ shall
own the System and all of its aSSetS.
. (f) This Agreement sha11 be terninated autontatieally xf the
Referendum 39 Gran°~ ~s not available for payment under the Con-
struction Contract pravided that ~his Agreement shall not be
~~rminateL+L fdr .~uc11 reason aftQ.'r i.r7suance of t11e Serles ~ondsr
Section 5.3. waiver. Nv officear, employee, agent vr
otherwxse of the City or the county has the power, r ig_ht , or
~uthcarity to waive any of the condztions or provisiorrs af this
Agreement. Na waiver af any breach of this Rgreement slhall be he:ld
to be a waiver of any other or subsequent breacla. A11 remedies
....25-
i'~
mmmmommo
- afforded in thir. Agreement or at law shall be taken and cQnstxu~~
cumulative, that is, in addition to every other remedy provaded
herein or ~y law. Failure of the City or the C~~~~y to ~enforce at
any time any of the provisions of thi~ ~~~~ement" or to require at
ar~~ time performance by the Coznpany vf any provisivn hereof, sha1l
in na vay be construed tQ be a waiver of such provisions, nar in
any way a~fect the validity of this Agreement or any part hereof,
or the ricjht af the City and/or t~~ ~ounty to hereafter enfarce
each and-every such ~~ovYsion.
~~~tlVn 5.4. HGadi11.aLs_f TJ.Ie seVtion headii#gs iYi 4.A.1iE? AgAeer
m~~t have been inserted so1ely foz the purpQSe of convenience and
ready r~ferencee In nv way do trmey pu.rport ta, and shall raa~ ~e
deemed to, limitor extend the sca,pe ar `antent of the sections which they apperta',~n. Section 5.5. A11 Writincts Contained. Herein. This Agreement . con°tains all of the terms and canditions agzeed upan by the
parta.,es. No ~other understandings, vral or atherwise, regarding
the subj ect natter of this Agre+ement sha7,l be deemed to exist ar .
' t~ bind aray of the parties hereto. The garties have read and -
understand a.ll of this Agreement~ and now state that n❑ represen,_
tation, promise, or agreement not expressed in this Agreement has
been made tv iraduce the pa~~~s to execute the sante p
~eclriL.M11 5.6. Fili+11a ~5roi.., {..,h iS A,4dJ9.'GeLtike131r 6 .3'.J.i'G 4A 4y sh'6.L.l.l L.P~le
tha.s Agreement w~~h the city Clerk, ~~ditar and Secretary
v ~ ~tatea
S•ectiV.J i 5.7. ti7eY erab.Lltty4 .LX• the eY ent cdae,y pi 4:1 Y .La7iV n of a •
this Agreemerat shall be declar~~ by a covtrt of comp~~~nt juris-
diction ~to be invalad, illegaZ, or unenforceable, the va3idity,
' lega1 ity ~~d enforceaba3. ity of the ~~ainin~ ~~visions sha7,l na~,
im any way, be affected oz inpaired t-a.ereby.
Section 5 .8 e Effectivc Date d This Agreement shall became
. effective immediately after it is duly ada:gted !~y the Board af
County Comraissioners arad the City Council and upon compliance with
' Section 11.05(G) of the Bvnd Ord.inanced
IN WITN~~~ ~EREOF each of the pax'ti~s have ex-ecuted this
Acareemetat :by th;eir dttly authorized offic3a1s.
THg~ ~GREEXENT supezsede~ ~~e interlocal agreements vf the
C.ity and the County entered into on NQVember 3, 1987, Ju1y 18,
198$ a17d CIctober 11 r 1988.
-
-26-
. , -
DATED $s C}f 'rh1S 10th ~ay' Uf April., 19$9m
SPQKANE +CQUNTY r WASHING'J'ON -
~
A1 r i"lcBret 1.r~ •~an
'Y. . ' ' ~ comIllssioner
' . ~ . .
Patricia A. Munney, Cammissione "
Attest• 1 ~~a E~ Dona~.ue, .
Le~l~ ~f the ~3aa.~r~ . :
.
" Marsha3l R. Farnel]. ~
Chi~f A~ini~tr-ative officer +
. .
Approved a~ to Form; . '
o -
C-, r
LJ es r L'Macl~ , C111.ei CiV il
Prosecuting L"attorney
-27r
~ ~ • , • ,
. , • ,
DATED as ot this lOth day of April, 1989. •
CITY OF SPOKANE, WASHINGTON
L.~L- vi- xx, -
Vicki S e McNeill, Mayor
Attest: .
Elizabe Gavidson Deputy ity Clerk
G
. . Terry' L. iiGovak, City Ntanager
' Ap1;pr s to FoJ lban C ty Attorney
RJK\S5020•87.006N ~
11IMTER.OG4
_2$..
Tab 2
• r Reftun #o: - • - - • - _ . city clerk . . . , ' - .
• . aty of Spokan~ .
$08 West Spokane FalYs Blvd.
Spokane, Washi'igton 99201 . . .
. ,
. . . Spvkane City Clerk File OPR 88-492
Spakane Cdu.nty Fa1e 88-0689 , .
AMENDMEi1T'T ~I►IO. I TO .
INTERLOGAL AGREEMENT FOR PERIODIC U]PDATE J F2EVISION .
OF"THE CDMPREHENSIVE SC)LID W:ASTE MANAGMEIqT PLAN -
. WHEREAS the City af Spvkanep WA a.nd Spokane Caunty, -WA ha~~ ~~eviausly
enteredl inta an agreement entatled'"Interlacal Agreement F'or ]Periadic
_ LTpdate/Revision Of The Campgehensive Salid Waste Management I'lan," dated
July 1$, 198 8, rAgreement') aiid nvw desire to mndify said Agreernent,
NOW THEREFORE, the Agreement is amended as foIlvws: .
. 1. Sectivn 2 is amended by inserti.ng after. subparagraph (4) vn p. 3; the
' . following replacement lan.guage, ranning clowm thraugYi the first paragraph
denotecl (iii) on p. 4: . .
. In conjwnction with adrninistering the preceding four [4] functivns -
and to cornply w~th th+e provisions of chapter 39.80 ~CW, the Parties dv hereby :
- establish a Cansultant Selectian Review Committee, (the "Committee"). The
. Cvmn-littee shall be corngrised vf the foffowing members:.
• P"age 1, of 4 . . . .
.
. •
. ja,i C3'ne f,l} Cauntv re-Dresentative to be desien.atad bv the Bcaard _
of Cauntv Commissioners;
~ . -
. , • Ub Two U2 Citv Qf Spokane renresentatives, ta be d~~ianated bv.
that citvi ' .
, - ~ Lcl On.e (1) Cstv of Snvkane Vallev representative. to be. .
desien~ted bv that cit~n .
: U " One ~,Il Reeianal Cities renres~ntae. to be desiiznatec~ b-v
' - the ~~eional cfties Liaison Bo~a-d representative:
' Le) One fjj Solid Waste ,Advisorv Coffimittee member. to be .
c~~~ienated bv 'SWA.C: and . . '
ffi The Droicct manaeer desianated bv _the Svstem I]irector. ,
. ' The. Pr0ject shall provid.e ' n~ecessary staff tQ assist the Carnimitt6e in
perfvrming the fvlTovving ftnctions: ' ' . .
, 6) To prqpare, with assist.ance from .t.he Froj ect, a Request for. ' .
QubLEf-teations and ProposaTs (RFQ/P)-'f~r the e~~~oymerit ~ ~~~sultanf to .
. Perform #~e abvwe four (4) functions, (hereinafter ieferred to as the "Plan Updatel. AdditionaUy, to prepare criteria (includ~g weights assigKied t-heretv) . .
~ • - to be used in evaluating responses to RF~/P's submitted for the P1an Update. The RFQj Pand eriteria, vnce prepared and reviewed by tne dComrnif:tee, ~hal1 bd submitted to the L►iaisvn goard for consideratiQn. The Liaison ~oard shal1 .
make a recomngendation Qn the- RF4,~~ to. the respective ~egislatave authorities
of th.e City an~ ~ounty, whi~~ shall approve, disapprove or m6dify the same.
• The scope of work and criteria DreDared bv Gitv and County sta.ff w7ithin
. ' the RIFCa /P dated 10! 211. 04 an~ 'antzaved 1~v the Reeional Sohd Waste Liaisan .
. .:Bvard I]ecember 6. 2004. wil1 be su~naitted to`th~ .r'esDec6e - fea!.sI&ive
. ' autho4rities ~f the ~itv arad Cauntv for ~~~rova1, dzsanoraval. or rmod~"~ca.tiQn of
. . same without further lorenaratian or review b.v the C:omrn:ittee. ' . . Fage 2 of 4
. • . .
a 1 . ~ ,
_ . • • . . '
. , i
. ' . (ii) To evaluate respanses to' RFQ/P's subrnitted, based upon appraved -
crit6ria,. (including weights assigned ~ereto) and shortlist the cvnsultants
responding. .
("ui) Tv interview al1 consultaxits which are shortlisted, and based ugan
suc]n intem'ew aaad such RFQ /P criteria, (including weights assigned thereto),
, rec~mmend to the Liaisvri Board a cvnsultant which is th.e xnost. h'ighly .
quaiified to prQvide services required for the PIan Updat~. T'he Liaisan Board .
wi11 cansider the recomme~~ation of the CQmmittee and-, farward their .
,
r = recommendativn ta the respective legislative Uadies uf t-ie City and Cvunty for
• ~ lative badies of the City and
their cansideration. ~ubsequer~~ ~o the 1e ~
• ,
. Caunty feceiving a recomm.en~ation fram the Liaison Board as to the •,consu~~~ ~~ich as the mast high1y quaI.i~'i~d. for the Plan Update, the
, leg,isIative bod%es shall ri~dividually or jaintly designate the rnost I~igh.1y .
. qu~'~.ed consultant for t1ie P"lan Update, and dix°ect the Pr~ject, alcang vsith ap- .
, grapz-iate staff, to negatiate a cvntra~i wiit.h the cansultant designated as the .
. .
most high1y qualif'~.ed. The contract s~~have provisions as required by r = : , applicable state laws.
• 2, The~eafter, #h~ Agreement shall cantinue as already prvvided, starting . .
with the secand full. paragraph in the xniddle of p~ge 4which begins. "In the - -
. event the Prvject is un.able tQ negotiate...". In aU other respecfs, the Agree=nt
. . shall continue rn full force and effect, . , 3. Any changes herein in heading designation and enumeration. af .
. sulaparagraphs are for canvenience arly and shall not reflect a~y intent to _ r
alf6r the meaning ekcep~ ~~pxes~ly ~r6~Ued rr~ ~ ~ t~ie'te~ +~f~t~ii~ . .
. Agreer~~nt itself. ' - .
- -
Fage 3 of 4
.
. .
~ This a'nendmen.~ effect on approval by both parties. . . . •
1~i v ~ ~ _ .
ppx~ e~d n ~L . . Cj'`Y ~ ~P~
OF 1~ y' J~ «
. • . • 4 .
. By:
qe4,q_ ~ ~C]~
' ~.~+est;
City Clerk
.
. ~ . - .
. A~ '~`~~'O~M..
, . . . n , - . . .
- AS ' ~ ~~ty Atto y . ~ .
ADC)PTEn by ~e Board of County Cvmmissianers of Spokane Cvunty, ~
.
Washington this day of 12004.
PHIT.~IP' D. HARRIS,..Chair
~ . ATTEST, ~ • .
, - . VICKY M. PALTO~ ~~ELYB, Vice-Chair~ .
CLER.~ ~F THE BOARI7 • .
• • By■ • - • ~ •
. . Daniela Erickson, T]eputy M4RK RICHARD, Comnissi~~~~
APPRQVED AS TO FORM:
Deputy Prosecuting Attorney . ~ ~ , .
. , .
Page 4 af 4
_f
. ~ ~
~~ITE PAPER
~~~~~NAL s~~ED WAsTE GOyERNANcE
. J-ULY 2008 . .
Intxoduction: .
'Ihe Spokan.e Regronal Solid Waste System {The System} was crea#ed Tvventy years ago.
The City 4f Spakane stepped forward #o ogerate the 5ystem 'and provided a much needed
service to Qur camrnunity. The current dispvsal facilitxes have been in operatian for the past seventeen yeaxs and during that #xme much has cbanged. Changes include '
gavernmental structures, formation of new cities, developments in waste rna.nagernent .
and recycling practices alarag with associated technolvgies,
t3ne thing that has not Ghanged is the vperatiQnal str~cture of the System. -
The Baard of Cvunty Cvnamissioners would like tca engage all of the. System partners in
apen discussions regarding the need for a new regianal gavemance structare ar~d the
consideratiQn of future System needs. .
Background: The Sp~kane Regivnal Salid Wasfe Systerri was created in 1988 by interlvcal agreement
between the City of Spo'kane anrl Spakane +Cauaty. The Gi~ Spokane agreed tv ~
manage the System and dexiver waste to the System through it's garbage utility, and the ~
County agreed ~dopt aFlnw Contrml Clrdinance. Subsequently, all ather incorporated
areas of the caunty alsv became partners by entering into inteflocal agreernents with the
City and Cawtaty and guarantying their sa1id waste to the System. A number of System
bonds wexe issued ta finance the incinerator and transfer station facilities and to ~nance .
closure of the old landf~lxs. Revenue from- the tip fees char~ed tv custvmers th~oughout the county has been used to pay for the debt service on, the bonds.
Discussimne
The last of the System bonds will be re#ired by December of 2011.
~
Al1 existin~ ~o~itiacts vvith the Systern vvilI alsQ expire in 2011. These contracts include:
aperation of the incineratox, lang-haul of ash' and by-pass materials, electricity, camp~st,
and the sale of recycIables. Additionally in 2011, the knterlacal agreements with Spvkane
Valley and LibeAy Lake w'ill expire anti be up for renewal. . .
. . ,
-n The approaGh of these milestane events provides an apportunity fnr all of Spakane
' County to review and assess our Regional SoIid Waste System.
Since the :System vyas created, the ari,gina1 interlocal a,greement has remained unchanged
(Qther than ta mvdify the Liaison Baard to include Spokane Valley). In the interests of
. . ' i !
the citizens ~of Spokane, the Badrd of County Commissianers feels a change ta regional
gavernance ~s needed. Representa#iom af a:l1 5~~~~~ partners is a key element. Of the many areas of concem, here are a few:
a The Regional Solid Waste Systern is not managed and ~oes not aperate as an
autonamaus agency. ~nstead, it is a department vf the City of Spakane, .
Origin.ally the System Di~ector reported to the "S~okane City Manager, ~Currently
the System Di:rectvr repvrts to the Spokane +~~ty Pub1ic Works Direct4r.
' m Many System aperativnal decisions such as imprvvements to t-ie incinerator,
#ransfer stativns and the City's Norrhside Landfill are implemented withvu:t input
ftom any other Sys#ezn partn.ers. .
a. 'Ti'he Sal~d Waste Liaisan Boaurd, comprised of representatives Df the , City a~
Spokane (2), Spokane County (2), Spokane Val1eY (1) and Regionai Cities (I), is
.an advisory pQlicy bvard wi~h nv decision rnaking authmrity.
The Sa1id "Waste- Advisvry Committee (S4VAC) and Sys#en~ ~~aff, have beera working Qn
updating the, Compreheaasive Svlid Waste Management Plan (Flan) f~r the last thxee
, years. The Flan xs currently u.nder final review with the Departrr~ent of Ecalagy. After
tbree y.eaurs of ~~rking on the Plan the SWAC has concluded that the most important
issue for Spokane . Cv-uerty is t~e formatian-of a new regiona1 ~~~ernance bady for the
System, an.d for it to be imp,Ieamented as soon as possible.
_ There are currently a num1oer of governanceoptions available under Washington law far
, cazsideration. Exam.ples i:nclude:
1. Revised ~tergovernnenfa1,A.ger~~~ (Interlocal Covperatian Act Agreemerits)
o JvintBaard
o Partnership
a Not-For-Profit Agency
o Limited Liability Cvrporativn
2. Pub1ic Devetopment Authflrity
3. Svlid Waste Disposal District
4. Me#rQpolitan It~~~~~pal Corporation
The ]3v~~ of County Commissioners feels that it is important to con§ider these topgcs in ,
a callaboratiae effort with all vf t1a.e Sysfem partraers to ensure Yhat w~ ~ave a strong
regional solid waste systern that wil1 best meet the needs of Qur regiQn for many yea.ars #v
come. Toward that reaching that gflal, Spokan~ County is interested in leaming your
concems r~ith the existing System, and your interests for the future of the Systerrn..
Feedback can be pravided ta ~onnae Magex,, Chair of the County CQnaxni~~~on
(brnaaer(@,staakanecountv.or,a) or to Bill Wedlake (wwedla€e@spokanecvun.ty,vrg).
i • - '
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' SOLED SPflKANE REGIUNAL SC}Lla WASTE SYST'EM Revblan,l, March 20,2009
Vf1ASTE
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SPOKANE REGIONAL SOLID WASTE SYSTEM Rctisbn:t,MarO 20,2009
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SPOKANE REGiO►NAL SOLiD WASTE SYSTEM "y`°n "'a`ch 20, `°°D
~ . WAS~7E
SYSTEM MASTER SCHEDULE
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{ e In n r r 114121 J2B 1 t ~ ~ 4 11 1a L~ e s i
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i I
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95 oUw EcufpmMlh, MteAlrkmt 0ecwcd 60 QWn Tm 5&11 Mon 7125111
4lan tOV'!7ltt '
5s ~omficK(f1#~etN~fl ~.p -Y-Orfyl~NpnliU'17A11 41ar16!'li'l11
55
SP'OKANE REGIONAL SOL1Q WASTE SYSTEM R@visi°n: 1,~arrh L°. 2009
WAsrE
` SYST~iVi MASTER SCHEaULE
ID i1kNAI1N D1RMMR 512i1 F7tkh ~M.»~l i6 '1 LMsf6. A 70 '10 J~n'10 J~I'la ;.F.i~'Ic7 _f-
.~Io r 70 97 21 Ff0 ]1 7 1121 11,11 a€d 11'k i 26 I!I 11 1 1_ 91_6 73- 1213 27L1 a' . rl Yf, ~s V 7 1 ~ I Is I~~ ~Prn
New Operetloru EoMnek for 4V3'E Facflily 702 daps Mon 314104I iue 11liSrif , i I
ki~. _ . . . ' - ' .
procurwmenl Consull~ ~nl Selecl[on 129 dpys Nan 319109 Mon Bf31109
51 OrM Constskanf OFQP 10 dayx Mon 3MfD9 Fd M0V'49
~
~ Inhmaf ant! letpf Rev1nv 1Q deyA Mon 5rm1D9 ~A 4f~+09 , ~ ~ ~
i
Rewiow xiBh C,lefitan Ba,sd - . _ 1 d~jr . _ f~on +GErUB ~ Mon 478~ . ! ` ~ ildwr4se fm CnrftAten1 Seletition 15 drys Tw 4f1'!09 A1m 4MTdo'9j I ~ 1 I ,
~
Cansuiianf pre:Praposal Car+lennce 1 day Tue 4R91p9 Tus 4129l09
~ Cat1lcdfanlProposelPrapernUen 20do}n Wtd4129,'A9 Tue-5128109 ,
I
~ •
8i ~`Yi~ ~`OILSldh11~ {SDd~09Sf! - -'10 dqy! WAQ gt2rmd uT4G 66" ' .
~
Go CarntlfenllnlervMn+n 2dayn '1JId9l''fTf09 ThuBliBN9
67 SeMG Cansuliati end MayoUlo Ccntrad 30 deyt Frf 7r-49 Thu BtE3al i ;
ee (b Cons~t CanMac! Apprwe! 1 dey Mon 0117lb9 Mla+ BMTN4
~ Sigo ConMset. Issue FfTP 74 tfays Tue evim9 klan BfJiI49
70 WTE Operalor Qw11ffeaNon 92 drys Tuc 9I11G! U!1ed tlfiT10 w
71 6raR Vt?Eflpenlor RP4 AO deys Tue 911N9 Mon 1WdM
?2 ^ AQrE11-se- Yti+TE 6(1demtat RF6 S day ~Tue 11rJ+49 Ttie I 'U31D9
y I
~ CDfi1fk10f Pn'-Su7rnEtf9f Mee}ft _ 7 ;Qay Yika! 11M6ro9 Wed 11119~p9
r, R«m'vre ca,tracror aM sUbmuWi 20 do" rnv 1 In9w w+ea,ti16=~.
+ 4 ~ 75 5hott usi oLonea C«,wwlor+ is ae,r, " mi42n7109' +aba verra 1
tSpetatorSelaction 53lid,y Tw10127t09 Tur!!1lSIt1
.76 4VTE _ _ -
i3r .
~T eM Canlrattor RFP Qntunenls . TO deyt _7ue 70J27109 iAan 211MO-
I.~~.. ~ ,
r+~ Prepare DcwmentAnom 44 deya Tue 11117W Men 1l11f10~.
~ ~Fmd GreR to CRy kx RdvlewaMl Gamment ~4d iliyi Tuw 7I210 Mon 3129110
- - - Ftn~Nre thal! RP' Oodmenls 9Q a~pa 'M 31l0l10 Ubn 511d'td
i
ftsLms RFP w ouamee Centrectors y my rue S2"a TwS2sna sns
82 Gonuaclar Meetlrrgs an 1"emrs 6 GondlMm 25 drys Wkd iltfftto -Tue &~9Y10
~'Mt~xeBiddnpE~Ms - - - - -3Dt~iy! 4'Yed6f3O1'!0 '7ueEY1OI1C
e4 Isstm Ffrw OoGtmenl6 lday VYed9+11110' Wrd8171110 ~ena
85 Ccin(recCor Prepere Bki Retpnnae 70 d1ys Tiw B!12I10 Wed 17117Ii a
s► Receive Bldier Resparas 1 dey Ti`u 11f19?1U Thu 1111EI1A
ef RAAew9HderAsepanexOndRerdc 30deyti fdiltt9llQ '7Tni12130110
ei Ct+Mtatii NepndnNaru 50 d"nFrl 1?13114D Thu 71tkI1 I
Camty and C;ty Iswes arsd Apprrovnh 60 dwyf Mon 414l11 F3P 6R41' 1!
Re"si°n: 1
Sa~,ip SPO~NE REG1U~lAL S(~~.ID V~ASTE SYSTEM
~ ~°°g
YrAST
f E
.
SYSTEM MASTER SCHEDULE
11) ~fankrmaw { ouMim Brul Frkh s 9p l1silti iuw•r ohu 1~ n tl o k/artl !tw'11 ~Aleutl___~,~
I~ I f I I 25 - 1i@ 3 tU 1'~ 24 91 N 5 112 t 99 f_ T7 4_ t6 122 Jq 8 59 ~ 27l 6 I t3TIf1 r'1y 7 147 24 1TA 1~~12 r~
2 Adap116f4 of Compyhen4iue 9iW14P - iDG dayf ' Mon Sl9109 FA 17119fts
_ 3 ~ _ . _Piiire SEPA Damimeiifi - dnysi "Mon 3191as Mon 5191o9
~ 9EPA GamrnaN PMtod 10 deqs Mon 3+g109 Fii 3r11k09 R ~ I
tti aayr's ~ INcn 3rP-t1US Fti 4131QS 6 $chedule HeaAnq beCon 90C6 ` - - 10 ditys !A'ort 4laN9 Fr14117ffl9,
'~9 ~ I
I ~
7~ PuhUc He8rhlg 1 dey Tue 4fYfi'05 Tue 4128(09
~ incamcrali -_7ue7s~sro9
Adoptian by EflCC 1 day Tue 5l2Sro9 Tue Sdms
CjS
14 Adopllnn h,' MunidP~Oss 90 days 4Ued 512TJ69 Tue 9129I09
Rerlew by Qepertmmt of Ewbgy 45 dayr 4Ved 913flJ04 Fri 11M3109'
Appr~nwal-bY beparUnent o1~1aQy _ A day~ Frl 111731Q9 Fd 71!13JQ9
14 _ C►eaGon otReglanal EnUhr . 540 deys T Idon 3M09 ~Frl4Mfi1 . . ,
is SVVAC ShcAlfs1AlR"t`ne: ~ bfl days Wan 319M Fsl5rz9iG9
~
t6 liakon Aaari! SePads Pieferaed dp4nM - - . 2 - - -
~ o deys Ilon 611104 Mod 71609
U cempmaoA af dptici?s -49 dwn Tue 717109 lNvn 61J'uD9 !
- - - - - . ~
1e LF~iisort Ba~Md--- Rewrtaeends Pre~~rred Optmn 2~ M+m 9!1'11I~ IAon 10l5l09
~ Y
19 Devebp Oetalad Dwcriptlon 23 dryo Tue i0tbf09 Mon11lAl09
20- - - - -bulra,e proeess+w,rlrrnp . _ 25~ye -rue iaR3la"s ° il~;iAlo9
21 wVomhops wim *PWir,en- -30days rue11naro9 n iiiztW9
27
Ens56ng LegislaliQn (if aequlrad) 900 days Tue 12127A3 Mon 5110M0 ! I
21 ~ Fneblfng ~eQis~rdon WtaH e~ec1- _ _ 1 rloy 'Thu 711110 ~Thu 7!1110 { i
24 --Gre+lEnnar" 11ntarfocalA9recmenh 120 days F017l2tt0 7hu12118110
29 gnflN Log* E)isfs 4 deyt Thu 1?i1BliO T)w i21i9r10
~ IcWeelian af DkeelaR . 65deys. FA 12l17J10 -Thu 5f17l11 {
~ _ - _ I
i
21_ - `ft8hafx ofemqlayeas ~90 tfaye Frl 1211 7M0 Tfiu 1137119
20 Triansferufassala-andliahbies 1Qdn~s -fdJ1~8~11 Thu3fJ1i1i
29 Ent4ty begflYS oqemlbro 1 dny Fd dlitll Ftl 4111i9 I
50 LiD, SP(}KANE REG[ONAL SOLla WASTE SYSTEM Re"is'on.',March 20,2009
WASTE
SYSTEM NfASTER SCHEUULE
~
O'1Q 16 paty,,.10 ~fenYl pFqd'1S ~F711~'kt ~~1v i~t~ ~ ~.~1hnv.1.1 J_
ICl T~fiE4me dure6mn SItR RN~R Se '16 tl
la 1 S 1 52 75 7}n ~ 17 I P7 ~1 7 1~~ 5{ 17, I 1B 2B 29 I t 12'~ .]_d 6 73 Nl 77~ e 13 ~I 2 1 I] t~7 11 i 7 I 2a I t I~I 13 ' 23 I 1~
31 commGtglcd Retpoling &qaiern- MRF ~ 691 daps Jdnn 319109~ Mon 1DI1T111-
Obwie L01 fro m paAkfpenks - _ 4q days Mon'91Bff79 f Fri 5111D9
31 Prapare OraR RFP 50 aays Mon 319Ms Fti sn5109 34 is9~ DraM RFR b deya ~ FrF5f151fi9, ~ Fri'5f15f49
~i - 11 wriwv of Onll 0 F0 6y Vendors 20 days Nlan 5119109 Fri 6142J09 . t
39 prepffit Fnef RFp 20 days Mas18f1W9 fri 7MOl09 {
~ • _ - ' i
f>ropassal Rre~e~siinn _ 06 days Mon 71131U9 fd 1WO8 "
,
71- Pr&Prpp6wfCprTference 1rYay V)anEl1fL09 A9on811[7W
]4 . . . f~eceh~e rnpos~s I dey Filon tOr12ro~9 -Nln„fOH?1o~
40 Evatuale Propoeals 30 days Tue 1013109 Man 1123109
4 f Intervlevn - - - _ _ _ S+Jays NfanlliPl09 ~Fr111a5h.1g
.x ' "-§efedlbn of Caneraiii~` bi Napoilations t day Tue 111M+09 TAip 1t6909
;
4sRrcomrtsendalfanhy (iuisan Bw" 1 day Mon 120109 Mon 13=9
-44 . -coor~w~flwtiom _ 40 aays Tue 1212m~ ~Manti1lt0
i! qPP~pvel of Conlracf by ~onlncior - 10 drga 3ue 2W10 ~Mms 2115110 ~ AppMavel tiy Coun1 and CommissMners 30 don Tue?l1Bl10 ~ Mcn w9110 ` i
4t
Seiera~ cf,4~"for`iaR F eu~ding (IrFeqdj _ 3n;iaga -rue ia~eM+s Mon 1119110
,
~ 48 Aulid" Deslgn and PArmltiting 80 days 7ue 1119l10 Mon 5/'lOl16
49 - - - . . _ i
9idd~sg Bundng ConstnxlfOd 45 days Tue 5f11110 Man 7112i10
~ i
sd Sllswc+fft. faundatlans and Ilwrs 90 days Tue 7113l14 Mun 111157Ta
E
mdJar Equlpmeni htstareUon 60 deyn Tus 1111fi11d Men 2f1M1-
y'2 - - - - - .ys 7ue 7 01511 o Mo n 517-
Butld~Ig ~'rt3fon 15o daJ11
. - _ _ ~l
93 Olher EqLdpment, N1echankal, ElectdCal e0 days 7ue Sru11 Man 7125ii1
iA -~~~p - - - - - BD day++' 7ue 9J2611 1 Mnn7N17!'!1
i5 Cnmmare(at Operallen 0 daya Mon 10117111 Mon 1o117M1
se
S 0 Li LD SfOf\AIYE RLGfONAIL i7OLIU YYhiS~E S1 a7TEM R•Wvisim.1,MarCh20,?{109
Y[th1rSTE
S'ISTEM MASTER SCHEDULE
ID Mk Nwm ~lltrNen Sbll tirt+eh ~ rl' W ~ g' G n 'S F~b "17 M '11 . 11 ..._.~~1 .
I ~ ~ 12 . t4 I PE _2_ 10 f1 ~~4 7' 14' 27 ~d 6 12 T 14 ~B I 1 i 73 SO 4i ~ b~43~~ 3 1 N . i- 6 1 Y~q
577 Netr Openlions Cwltract M'E fadAty 402 days Moit 3I9109 Tue 91115111~ • w.r..~ ~
TReprocuren~rtt Caaufkenk 8ete~t7on f 1 128 days Mon 31aP09 Men LOi1MO
_ , ! I
~ praA CaissuRsnt RF4P 10 deyr -`iAon 31m ~ Frf 3fXkp9
~
~ 1nlomti end Io6I iievaw ia dys -Mon 3Jz3M -fd aMs
_ .1twkrr+uim uelson ~i - - _ - i day -Man+GMM - 7jAnG
~ AduerSfs fot CaMSAROn15a9ecpbn 15 diyi - Yue qAM9 M. 4ft71i . ~ !
~ - car&L$bW OwProposal comamm" ,day Yue anarog rue aaroa
ai - -dons,~Aop,,;I ip,epm uon " 20 dryr We a er2M;ns n,e 50M
~~_-~~Mldl~ele Ca~l t~ii11 PiOpos~ t0 dqtf --1"!e~ ~?7lC9 Tue 8l9i09 '
~ - Cansubenq 9n*nvW*rt - - - 2 dwn ~Wtkd 61t1109 Thu8d1BAJ9 ,
SeWcf Cenaument.nd Negneole Comr.cl 30 eeys frr 7r.ung t,u e115roa
ee GE -dwoaii,q-donftacc hp;uovat r day `Mm, 8117,1)9 Mnn -Mir49
9 ~
n Slqn CoAh*c1, tssw #frP 10 daya -'Tue SItBNt1 Man B1911D8
I ~ 1
td W'T2 Operator qualincailan 92 dayr Trm 911109 ~ Vded 11fu"1O
S I
40 dfyi YuE 9f fld9 fJlnn
1 1d~ i ,
77f- OndWrEOpwakwRFO
aey-7~,t'i tllQ9 Twl t
1~ ~ ° - Cfutlfl~* pi"1rd11HEEIM!ltAQ _.^l t* -Whd l1i1DA9 Wdd i1l18I09
~
eeeelye Conrodw AFO sub,►mgd, ~ ao awp rnu„rlSiOg wea 12nsros
~ 3hcrf f.ht Q~Ilfle~d Cadrec~rs~ - - - 15 day~ T1ni ~3117,09 -W~d i?Eflf ' : ~ sssans TuaiorZrnrs TU@ iinsMI
I
brnft Conhe~la' ~f P DoeumeMs~ _ ~'70 daye Tw 10~PM. IfA Mon 711110
79 Ptepert TMaaneM Raam 40 cEayr Tue t1fti7l09 Men ili tl70 1 '
rti - - -~neC [kefl ~a GAy for Raw3~w and ~armment ao da ys T4 212110 Ma7313V0 ~
~7ai~te Qra~l R~' doeumwits 30 dayi 7um 3PlO110 Idlim 5110110
~
81 Issued RFP lo QueIAed Conlradlars 1 day fue 5125110 Tue 5I15110;
92 Conkadkx hsaeAngs enyt4wd 6 C"Wotfmts 25 dry! Wed S!l2dP110 1`ue 823M0
n_ Fbuilte- eliddirii; bocuimfh _.30 di~, - Wed er=o rue elioro
ew Itsue AmI Dcwmtrds 1 day `Nled9If 1N0 VYed 81111t0
05 ConEadw Pmper+ @kl Rfepcnee 70 dryt firu 01121'f0 Wed 11117110~
~ --Re~liu~E~dderRespai~e 1dry TInt11MBl'10 Thu11MBf10 ~rrre
~ e:~*wWdw nwponm a,Oterk
el - -Conhac! NeqeI1MCnt - S4 deys Fd 12l31110 7fw 2f1011
~ Catnty an4 Cly Icsuet w!d{rpmats 60 days Mon 414111 Frt 92ei 1 '
I
I
SOLfD SPOKANE REGIUNAL SqLID WASTE SYSTEM Revision 1.M'rch20. 2009
' IIVAS3'E
` SYSTEFtf~ MASTER SCHEDULE
I~i iM~tmAH I)YrA~P'1 SI711 HIY[N t J4n'If d"11 i'F1 ~yt,'71 IOCS'tl NOV'17 E)at'~l .Wn'YE (t6'f
l'~ I ~ 5~tB s il ~z a i_i~ 2s~i i~ ie ss z o~a a e zo r~ n~e ~°r e1 ~xs i~ ~~,~~~I
3 1 Comminpled Recycllnq 5yalem • klRF ~ 681 days, mnn 30k19: ~fon ~U1~1c19 ~ ~•~••~•~,~~~l•••C~ ~
1 17 . 06wA L6(ha11 prMlddpmas _ _ ~0 -Alis _ _INan 319109 - - Fri S'1J09 .
33 Prepme Dra! RFP SO tftys MOn 31&U9 Fd 5JtSM
34 tesue QtsN RFP _ 0 days _ Frf 5115169 Fri 51t`.JO'9
35 - Revkw et Oxen RFP ny vrndm 20 days Ma, sriamN " -Fri 6020)
38 Pnipwro Ffrrel RFP Tb dWs 13oFi dPtSW Fd T1W09 ' ! t 1 ~
y ~ 37 - - -p±qpoaal PrepueGan - _ _ - - --65 dws 14M 1l13M9~ Fri 10V9lD9 ! , ~
9n - pre.Pmpasai confereira 1 djy -Mon 8114104 Mon 8110/09
~
~~ve Pmpafatr f d1y ~ari 1Q+471[!9 Aton i41121A8
1 ;
49 ErpaMn Praposah 30deyR 7uo- 1SM3A19 rAan t1fiL49
_ - _ . - - ~
41 iM1tN~lewnt 5 dnys MoA f i17109 Fri 1'116109
' I 9
41 .6alxlfat a(Gn+iaa~ [or NegoRWt(oM1t 1 ft 'Tue iil2+ll09 Tue 1112468
43 [-~j RecomtneriWcn by I.Wbiin 9oard t tfay Mon 12/1,tl19 L}on 1717M9
44 CondnM.~tHeg~s 40dff" Tut 1P18A9 Mon211110
~
45 - ApprovW ofConlracl hy CanfrecCar 10 deys Tue =16 Mon 7115110
4n Approveg by Cow-4 end Ca'N+dstbmee 30 dmta Tue 111Ef1G Morr MP29MO
i I I
47 SolecOM of An ror DukkV ar reqM ao d." rue 17Wae Mo, vWV16 to BWMIflg faslgn rrxl PmnR1}ng 80 dr" Tue 111917fl Mo+i 5f1tl110 ~ . l I
I
40 Slddk~j Br,~ldnq Canaln~dwan -Ab.~eya ~ .7i~n 5P11M0 ~lYlmri 711~id ; ~ ,
i so Sdpnwurk, faundalbM end Aoe+s 90 deo Tue Tt'I3116 1Ucn 1I'1511a
s1 Mmim 1~q~rni Mrtef+9an 80 dvo 76e 1#l1A110 Mm?1J111 ,
~
ar duffdh95recden - - 154drjs- Tue1Ai511d - 1Aon92flf
0
53 OqlrorEquOMnLblechaideal,EbclrkW 60cteys TueSW 1 MonFft5flt, '
~ _ . - ~ ~
Slartury lM6de~ Tue 11t4111 'mCn 1(k17H1
p 1NiT ~
CdnllleFcial f)petlM091 Q days ` 5?lon i0r17171 lulnn 1WtT191 ,
56
~(~~,;D SPQKA~E REG1t3NAL SOLID WASTE SYSTEM Rgvi$ion:,,~arch2°.2°a9 , . WA~S~'E
SYS i EM MASTER SCHEDULE
10 o ~TdskNome1}urfon SInA Funh dm°i1 JWY# A'11 . 8r 'S1 Gk!'lt Nov^II 16~c'17 Jrm'12 IFeh'Y3
1 I I I I ~ 1. ~ 9 18 fT N 37 ` 7 14 1 8 1 A 111 t S9 1 2 B lb 121 30~ ~7 Zp 1' q i1 fE 3S 1 E a ti5 122 139~ 1~1BT2d
st New Operntlans Cunlraet tor 4YTE Ftcillty 702 dayaj Man 319109 Tue 11l15111~ ~
I ~ I Y ~ I
56 ' Rrprocuiemenf Comulhnl Sckcfinn 128 doye _-Mon ~!#!!b9 Mnn 6l3i1~9 ` i ~
~ I
~ pfalt CbnsultenlAF415 _ lpdays Mon3i9109 F1r19J'2U1d9
aa InUlnlal nd Gk,W Rtrkw 10 daye Man 31?3109 FA 4l3109
d~ ~PBViAWwf~lLi8f5on90ptd-- - _°_1iiay F~lan4~9149 Man4~19
1
- AdverNse for CarrsWlanl SdecPan _ .15 days Tue 4RI09 ^Man 4127WS
. ~ '
- ~ i
E3 CaNUflent Ptt•PtnQosaf Conterence 1 dey Tue 4f2809 Tue 4128I09 ~ I
,
Consultenl Prcpasef Prepwftiaa 20.doye Wed 4l24i'699 1'ua S128M
ds tvNtale Consullanl Piopasab _ 10 dayi ^ Wed W7l09 -Tue 8i5m9
~ Corteatlartillniervkw+s 2d"s 1NedBi17108 7fw671=9
67 Seleet ConnAtnnt end NegoReEe Cnnhed 30 dd}n fd 7l31D9 Ttw Bf13ro9 I ! ' '
~
ee Q ConstiltenlCon1roc1 Appro4al - - u~ i dey Man 8117149 Mon EV17108
69 - S;g6ccntect, iuue N1'p -16 d,er Tue E11ems 'MprvMtM ~ . i E I I
70 WTE OpQntar QwiifieaHoa ~ - 92 dnys Tue 9111D9 Wed 116f19
11 Dre►I V4TE Opela[ar RfQ 40 dsyr Tue 9/1109 Nkn Ia'18A9 t ~ i f
71 - -Adveri~ WfE C~eralnr RFA - - - 1 day Tue 11190
Tw 111§!~9 G ~ i
73
ConUaefor PrMaudmft Nlio9iq _-t day Wad 111191tl9 4Ved 111t~ 9
if RcceFrb Cotlltttld AFO $uGn1ftbh 24 dny! TTsu 11119t09 Wed 471'#61Q9
I ~ J ~ I
13 Shqr1 IJSt Quallflld Cnnlratlors 13 days ThU 12117/09 Wa! 1l611Q
` i
WiE 6pnrator 6ekefion SSS dayc Tue 10I27f09 Tue 11113111
-
77 ~ [1a8d! 66ntrrctuf RFfi Doctmenis - - ~ - -79 -days Tue 10,27109 --NSon 217114
73
Prepare oacumant Rean 40 dsya Tue 11I17M Man t147110 1 I ~
ta _ _ t
f fnaf~relt fn C~y !or Rev3e~w and tommdtl ~ 90 days Tue 27J40 Mori =9110
. ~ 0
_F(nmrtte [7ca~t RftP Lbeumenls- 30 dey,a--iue j40110 ' -mon 51OhIQ
e1 Issued RFP to Qua6fled Gadraclcrs 164 Tue 5125110 Tue 512511o
I
02 Conh'aGtaMutfAgsnnYmnsl~Co+iti114nj- _2 $days--Wed5/!!llt0 7ue$Pl9/i0
si._ ~iNriigzeetddfn9oocume" - - _ _.~deys tiued6r36/aa --ruesn&io
84 i:3ue Rhai oacunaRts 1 day trb,teriIMa wad en1rIa
as eonfractar Prepare 6fd Resparue- - 74 days 7hu9l12110 Wtd 1 1117l10 .
ft {ecsA+e BldEer Aeaponse . 1 day n,u yineno Thu 3'dM'O1b
~
~ Revkw0lQrNtRnpsrneaarrdRmk „ l3Ddryn~.Fd11hl4M0 7hu12130I90
_69-Confr~df lJegollaqetib ~ 5p days Fd 12131170 Thu 2110/7'! I I
A~ Cnvntyundd(ty lssuesahdAppmvak 60 days ~MonAlqfll FrlfifZaflll. . ~ ~
R`v`sio";
SO~LxD SP'{?K~4~JE REGI~}NA~L SL~LID'uNASTE SYSTE~i M~r~~ 2°, ~o~ ~
,
1111JASTE
`~AWI&► SYSTEM MASTER SCHEDULE
tlD eskNllro Duf7han SWi Ylnsh Jw"n .AJ'ri !w '11 6e '11 ~~cl 11 Nou't7 pfc'll dan'f2 LFr4'P ~
10 r J I # 4 5 I 12 I tg J 26 3 tp 17 Zd 31' 7 tA 21 211 / 111 115 12 1
-5F2 9 1 R3 30 8 73 2q 2T 1 11 11 .!6 T16 ~ L2B ~
so AwarG GonUact 44 dsys; Mon 9127111, Fri ol1gf11: .
Canlroctoriufumr OpMllans t cfay Tue 11115l11 Taia3iM5111 I ~p ttMs ,
r . 7ab 5 :
49406e2
- P1~e. t of 12 ~ - -
I ~
48' ~6103 06, .42P
. 4FFICE OF CI1Y CLERK AGR 130.00 SpakaneCo, W4 .
Return:
Svkarie City Clerk's Dfirice . ;
- loor, 8,0$''. Spokane Falls BIvd
Spokane, WA 99241
rgb 03 05 05 430pm
. FAle no. CPA 05' 519 -
File nv. 3 0666
File no. '
~~~~~CA~ ~~~ENUM (CH. 39.34 ~ETWEEN THE +~ITY OF . . . ;
~~OKANE, ~~~Y AND THE CITY aF SP+~~ VALLEY
R$: SPOK.ANE REGIONAG SCDLII3 WAS'TE MANA(~EMENT SYS"TEM . .
RECTTALS -
WIEREA5, the City of Spokane, a first class charter ci~y duly vrganized arid
existing under and by virtue of the laws of the State of Wastungton (the "City"), and the
Caunty of 5pokane, a alass A cvunty duly arganized and existing uxi~er and by virtue of ,
the lavvs ~f thc State of Washingtan (the "County"), have specific powers and statutvry
=
.
~~nd~'
dut`es rela'r~g to pla~ 'g and cant~colling the ra~agemen g ~d dr 'spos~ of
. . solid waste ("solid waste rannagement") within the Ci#y and unincorporated a~ea of the .
County (the "re,ginn"), iespec#ively, including the develapment of a Solid Wasta . ,
~~~~~ment Plaa3 unde~ ~CW 70:95; ' • .
. ~EREA►S, the Gity of Spokane Valley, WA, (h;ereinaftex "Signatary Regiona1
City), anan charter optianal code city duly orgarl-ized and existing under and by virtue
of the constita~~~ ~aws of the State of Wasbingtan, Uewisv. has speci~'ic municipal
stat~~ory pawears axd duties relative to solid vvaste management within its jurisdiction; .
and ' - -
: WHBREAS, the ~ounty duly adopted a Spokane County Cornpr~~ensive Solid
Waste Management Plan for the region CFIan") vn ruly 21, 1998, i-ncluding revisians in
_ ,
- ' 4940682 . . ' 4a~06~~~ 42P ,
_ OFFICE OF CIITY CL~~ ~GR $30,00 Spokane Ca, WA ,
. Spokane V'alley Agreement ta Soin Regional Salid Waste System as Regional City,
pl.edgiug all solid v+vaste to 5ysfetn Page 2
' Spokane County Reso~ution Na,. 98-0602; and W~REAS, the +City and County initiated the Spokane R~~onal Salid Waste
DispQSal project in 1984 in order ta develop a necessary soIid vvaste management sys#em .
and plan, including appr~priate waste reduction and recycling provisions and ~itter .
cvratrDl pravisions; and '
WHEREAS, after years of plannin,g and the comp~etion of arr adequate
enyiromnental impact sfatem~~t and vendor selectivn process, aud aftetr due consideration ;
' of the envirvnnentalr svcial, ~~chnicala econarric and ather re1evant factors, including .
: publxc and gavenunental comnen#, and observation vf applacable federal, state, and lacal
procedures, the City and County establisfied a cooperafive praject for the management,
hafidling and dispvsal 4f svlxd waste genera.ted within the City and the unincorporated
' areas vf the Coun.ty by execution af a.°r laterlocal Cavperation Agreement by a jvint .
Resvlutian adopted vn November 3, 1987, as superseded by an Interlvcal Caoperatavn
Agreencaent adopted by the City and Caunty on October 10, 1988, as superseded by
Amended and Restafed Inferlocal Cooperaiion Agreement between the City of Spokane
and 5pQ1~~e Caunty, WA on April 10, 1989 (hereinafter coTleutively referred to as fhe
. "CauntyIntexlocal CQaperativn Agreemenf and - . ~
WBEFEAS, the County, by the ~ounty fii~texlocal Cvaperatian Agreement has
agreed to exercise its police and contract pOwers, and designate the System as the site for
; disposal of salid waste tollected vvitliin the unincoxparated area of the County by its Flow
Cvr~~ol Ordinance, subject to the excepfivns set forth therein; and .
WHEREAS, Signatoxy ~egional City nvw desixes, in ctinsideratian fvr the, City
handling the dnspasal .of So1id Waste at the System, t9 agree to exercise its palice pawers
' tv designate theSys#em as the sole sifie for dispvsa1 of 5alid Waste under its contral;
' NOW THEREFORE, IT IS AGR.EED:
Section 1: I)EFRUTIONS.
As used in this Agreernent, the fvllvvving wards shal1 have the following
meanlllgs, 11nleSS the Context diCtateS C7$herwi'S~:
A. Anaual Budeet shall mean the 5ystem budget for a FxscaI Year, as adopted
or aznended by the City in accardance with Section 8.12 of the Bond
Ordinance. •
IB. Son+d Orr~„inance msans Ordinance Cs29285, adagte~ January 9, 1989 by
the City af Spokane City Counci1.
4940682
• ~/~ay e;3 af 12
~1j~~~1 Yf2/~{~YYY 05i4/~,}~
M
i~/
. OFFICE OF CITY GLERK AG~ $30.00 SpDkane Co, WA -
- ~
.
5pokane Valley Agreernemt ta .Taia Regf4na15olid W'aste System as Regivaal ~ity,
pledging .a1l soAid waste to System
Page 3 - - -
C. Cita shaU me~ ~ity tif Spokane, Washi~gtorn, a ~~rst class charter city o#' the State of Washingtan. D. Countv_ shall mean Spokane Cownty, Washington, a class A county of the '
itate Qf V4'"ashington, E. Countv InterIocaI Covperatio~ ~ A2reernent shalI mean 'the abDVe
referenced County Interlocal Cvoperatiorr A,grcement betureen the City
and the Gounty far the_ ownership, -financing and managernent of the -
system and any amendments thereof.
F. Das-vflsa1 Si~e 'Means a site or sites approved by the Baard of ~ounty
Conunissianers for Spokane County or t~~ ~oard's Authorized Desigaee, .
where any final treatrnenf, utikation, processing, or depasition of Solid
Waste occurs. This includes, but is not 1imited ta, transfer stations -
. (included as pat of the disposa1 system of the Caunty), sanitary Tandfills,
incinexators, composfing plants, and the Iocation vf a FaciEty for the
recvvez`y of energy resources frflm Solid. Waste or #he conversion of the
energy fram such wastes to mare useful fonns or cambinations thereof. G. Facilitv sh~~l mean the rnass b= reso'u.rce recovcrry steam and electric ~ genera#xng facility constructed pursuant to the Cans#aruc#ion Confract; .
such facility is the "Facility" as such tern is dcfined in the Canstruction :
~o-ntract, . :
H. H~ardous Waste shall mean waste whrch, by ~~~~n of its carnpositivn or ~
characteristics is a toxic subsxamce or hazardous waste as defined i.n the
Resource CQnservation and Recovery Act (RCRA), 42 USG 69[}1 et esq.,
tugether with its impIementing regulations, or in the Tvxic Subsfances
Cvntrfll Act (TOSCA), 15 U'SC 2601 et seq., tvgether with its
irnplementing regulations, or the defini#icrns as prQmuIgated by the State .
of Washington as Dangerous Waste or ExtrermeIy Hazaxdaus Waste, a11 as
: • may be now or hereafter ,amended &nm tirne tfl tim►e. ~
' I. RecvclabYe Materials shalY :~ean those materials, other th~n Recavered .
. ~ Materials wh.ich are sep arated from Solid Waste, eikher by the generator at
the source of such Salid Waste or anschaxlically by the 5ystena at any
lawfull~ ~utliarized transfer station, recyc1ing facility, or other pernitted
loca#ion, as the case rnay be, and which are capable of being retu.rnmed tm
. the. economic main.str~~ by ~e Systerm. Recyclable Materials may
a'nclude, but shall nat be limited to, bnttles, alurninum cans, newspapers,
cardbvard, paper materials, or other specif c cammercrally marketable
items, where and on1y where suGh materials have been specifically sarted
494,1682
0/~: eY,~p/~/4 1~, of q ~ V~I12
~512YYV i42q
~
f
-QFFICE 4F CITY CLERK AGR $34,40 Spokane Co, WA
. Spokane Valley Agx~ement to JQin Regional SoIid Waste System as Regional City, , pledging all smlid waste to System
Page 9
'
by the generator prior to co1lection and are cvlllected apart from the
conunon snunicipal sulid waste stream for connmercial axa.anufacture ar
• recycling.
1. Re6onal Cities sba1l mwean alI incorpvrafed cities and tovns in 5pokane
Cvunty►, inc3uding Sign~toey Regi~~al City, except the City af Spakane,
which have entered into, ar hereafter enter i~~o a Regi~onal City Interlacal
Agreement.
K. Scale Svstem means the scales, scale house, camputer hard~ware and
software and assaciated equipment necessary tn aperate an automated
ticketing system,
L. Sigrza~orv Regiona1 ~ity means the City vf Spokane Va1ley, WA, ,
M. Svlid Waste includes garbage, and refuse. and shall mean all putrecibIe and
nan-pufrecibIe vvastes, whether in salid or rn liquid farrrr except liquid-
carried industrial wastes and sewa,ge. "Solid Waste'" includes garbage,
rubbish, ashes, industrial wastes, swill, demolitivn and cons#ruc€ion wgtes, .
' abandvned v~hicles or parts ~~ereof, discarded home and industriaT
. aPF~iances, manure, digested sludge, and vegetable or anina] svlid an+d semi-solid materials. Salid Waste does nat include Recyclab~~ Materials
. or Hazarctous Wasxe. In additivn, al1 maten" als:deposite~ in caaas or
containers for collection, (other than Iiccyciable, materials vr ~-iazardous
Wasta), shall be deemed Solid Waste.
N. Svstem sha~l mean the +existi-ng Spokane Regi.onal Solid Waste
' Management System camprised af all property, real or personal, tangibIe,
: or intang`sble that is now owned or hexeafter acquired by the City which is
used or usefaY by the .City ~(i) ir~ connection wi~h the callectivn and
° dispasal of Solid Waste generated within the City's boundaries and (ii) in
conne+ctivn with the dispvsal vf Svlid Was#e genera#ed and callected
elsewhere and delivered #o the System fox dispvsal. As of the date hexeof,
. the System 3ncludes, wi:thout limxtatiQn, the City's Nartnside Lanifill, the
City' s refuse collection system, and a11 faci~ities and equipment
appurt~nant thereta, whe#her real or pers~nat and vehp~les ffiecessary and
incident #hereto.
a
0. TippinR Fee means the arnount +charged per tan vf Solid Waste for disposal
by the System. Al1 other capitalized tenns used herein3 which are not ~efined, shal:l have the
meanings given to therr~ in the Bond Ordi-nance. Othenvise they sha°~~ ~ave the same
• 4940682
- Page: 6 of 12
O8lWIM 05:42P -
. 4FFICE OF CITY CLERK AGR $30.44 40kane Co, WA Spokane Valiey Agreerne'at #o Join Regional S+olid Waste Sys#em as Regional City,.
. pledging atl splid waste to System.
Fage 5 .
meaning as used in other documents referenc~d in tihis agreement ualess another spe~ific
dacument is refeTenced. Sectian 2; PURP`(]5E. .
v .
The purpose af this .Agreemeat i~ to estabYish the participation of Signatory .
. . Regional City in the Sy~tem as bne of the Regional. ~ _Cities. ,
• 5ection 3: 5!QI;I] WA5TE I7MEGTEI] TO SYSTEM. . A. Signatvey Regivnal City hereby covenanfis, agrm and contracts to
. ~~ercise its police and cvntractual powers a.nd authvrity as may now or
hereafter be recvgn.i.zed in cantract or at law to d,uecx the depusit of Solid
° Waste generated within its geographical bvundaries to the System.
B. The follawing are specifically exempted frorn the proviszvns af subsection
A:
' 1). Wrecking aufomflbiles and pa:rts therevf including storage and . ' ~
handling facilities, rrainvr reclamatzvn of scrap metal, glass,
disc~rded clotbing, paper, and their associated faciTiti6s which .
leads to resale or xeuse of said material where no cbarge is made
, fvr callection or disposal to the vriginater.
2}. Deposxting soil, rack, tree stumps, gravel, broken cancrete, broken :
asphalt, and similar inert wastes vnta the suxface of the ground
whereby such depositing is ta be tempQrary in nature, graded, and
vtherwise vvarked ta filY an existing depression or law area of
garo-und.
. 3). Depasiting agricultuxal Svlid 'Vll'aste onto or under the surf~~~ of '
the ground when said waste is beyng-utilized prirnarity for fertilized
or a soi1 conditioner, or is bcing +depvsited an ground owned or
leased by the persan responsib1e for the productian of sai(f waste as
lvng as depasitirig suc~ waste daes nvt create anuisance..
4). Depvs~ting sevvage ancl/or sTudge onto or ur~der fi.he surface vf the ,
graund at a Disposal Site that has otherwise been issued aPernait ~y a 1ocaI, state ax federaI agenay tv bo vpexated, maintained or
managed for that purpose. .
5). I3epvsiting Hazardvus Wastes or Dan.gerous Wastes or~~o or under
the surface of the ground at a Dispasal Site that has atherwise been
1
4940~~
+~82
~ Pa e; 6 of 12
~5
- e ~ ~06[2043 05:42F
O€FiCE CF CIiY CIEEflK AGO 13D.W Spokane C~l WA.
Spa~~~e ValIey Agree~ent to Join Regional 5olid Waste System as Regianal CitY,
Pleagixig all so1ga waste to system
Page 6
issued a Pem-lit by a laca1, state Qr federal agency cvnsisfen# with
p #he Cvmpreh+ensxve Salid Waste Management Plan to be operated,
maintav.ied, or managed for #his purpose.
' G}. Establisbnment and operation of a Woadvvaste Landfill site; .
"Wovdwaste Landfi11" being defined in the Spokane CQUnfiy Flaw .
CQntrol (3rdinance, Na. 85-0395, sectian 2 II, adopted May 14,
1985. .
C. The Spokane County Comprehensive S41id Wast~ Management .
: Flan will addaress dispms~~ ~f all types of waste. The CitY and
-County wiil imclude Signatary Regional Caty in planning for and
opPortunities far proper disposal of exernpt waste.
- 5ectivn 4: ADMMSTRATION.
A. Frecise ~~eanizativn of entitv. The entity defiued above as the
- System has already been created. Sig~~tory Regivnal City j oins
this System. hy Us agreement. T'he City will xnanage the 5ysten
-pursuant to the terms and conditians of #he Cou.nty Tnterlacal
Cvoperafion Agreement, •
B. The City will pravide 5ignatAry Regivnal City with acapy of the
- Anuua1 ]Budget far the System. C. AIthough the City is the administra#or of the Sy5~em, a Palicy .
Liaison Board has been establisbed by the Cvunty Intorlvcal
. Caopexation Agreement. The Liaison Baard already consists of
. twa delegates from the City of Spokane, tvo from the CDUnty and
vne frorn the Regianat Gities. With respect to Sign.atory Regional
City hawever, it the intent of the parties that this 5ipatory
. RegiQnal City (5pokans Valley) be entitled ta its own separate
, voting seat on the Liaisvn Bvard, tQ be created as aft additiQnal
- sixth seat. Eac1a party stipula#es ta and/or agrees -ta seek
anenciment of any ather applicable interlacal agreements a.s may
be necessary ta accomplish this intention.
D. Holding,.disoosing real,rpersanal nroDertv Any real or pexsor~a1 .
prope~y ~eedec~ fvr Syster~a vpexatia~as ~nay be acqrxired, held and
. disposed of by the Gity, as adinanistratvr under this agreernent. 'I'he
City administexs alI special funds far System operatzvns. '
aection 5: TIPpING k`EES.
4940682
Ra e, T of 1~ . ~~~t2Qw 05,42P
OFfiDf flf CZTY C~~ ACR Spvkant 01 WA
Spokaue ValTey Agreenaent to Joan Regivnal Stitgd Waste System as Regivnal City, .
pledgrng all solid waste ta Systerm .
Page 7 ~
A. The Tipping Fees charged for disposal of Salid Waste at the System shal.l be that established by the Gifiy. Tipping Fees ;shall be
uniforrn for the same class of service, exGept #hat Tipping Fees at .
the System's transfer stativns and the Facility may differ tn reflect
, the costs af transpvrti-ng So1id Wast+e fram the #ransfer stafiians to the Facility. The City has included and shall continue tQ include in.
the Tipping Fee a"Iandf'ill closure camponent" which wili be
allacated between the City, the Caunty, and the Regional Cities as pTovided hexein and in the County Tnferlacal Covperativn
Agreernent, B. Zf the Signatary RegiQnai City is deterrnnined to have liabifity under
Ini#iative 97 (RCW. 70.105D) oz the Comprehensive Environmental Response Campensa#ion, - and Lxability Act
(CERCLA) in connection with any 1andfil1, the System shall ,
alloeate to Signatary Region~l.l City a portion of the revenues frvm
. the Iandfill clasure carnponent of the 5ystem's Tipping Fees. Such
allocation af revenues shall be in the same praportion fhat
_ Signatory Regional City's So1id Waste generated and delivered ta
the System bears to the total non-City [from saurces other than the
City af 5pvkane] 5olid Waste genexated €ram all ota.er areas vf '
Spakane County and delivored to the System each year. The :
portivn of such non-City. ,Sfllid Waste dehvered ta the System by .
the Signatory Regional City sha11 be determined by the pogulatxvn •
af the 5igna#ory Regional Cz#y compared ta the total nvn-Ci#.y
. population [people living vutside the City mf Spokane in all ather
areas of Spvkane County] or by such ather msGhanism as may be
mutually a,gzeed upon by the Gity, the Cflunty aad the Signatory
Regianal City.
C. The Iandfill Glasuxe component af the Tipping Fee wil1 be increased or decreased periodicalxy as deemed necessary by the
; City to generate the amount of funds required by the Cvwnty or
Regianal CitZes foar landfill closure purposes within the Iimitations, .
set forth in the Cau.nty Zn#erlacal Cavperativn Agreement.
D. .Al1oCation of the revenues frvm the landfiIl closure cvmFanent af
. the Tipping Fee will be rnade monthly tfl reflect. the actua1
. Proportians based upan wexght af Solid Waste deli.vered or caused
#a be delivered ta the System each yeax by the City, County, and
Regianal Cities. The determi-natian of the tvtal weight of Svlid
Waste delivered ar caused #v be deliWered #a the systern by the
.
i
. ~
I
- 4940682
PaB: I af12
. ~ 0g~4~~2003 M.42P
OfFIGE OF CITY ClERK- A~~ $30,00 Spakane Co, WA
Spokane Valley Agreemen€ to ,T~in Regional SolidWaste System as Regional Cidy9
pledgang all solid waste #o System
Page 8
City, the Cvunty, and Regional Gities, shall be made thraugh the '
uso of Sca1e 5ystems ar, at any Disposal Site where Scale Systems
are not available, by cvnver#ing valurne,s of Solid Waste to tans of :
Solid Waste at the agreed upon ranges of 3 113 cubic yards of
campacted Solid Waste to one ton af Solid Waste and 6 2f3 cubic
yards af non-compaeted Solid Waste to ene tfln of Solid Waste.
The determi,nation vf whet'her any partiCUlar Solid Waste delivered.
to a disposal site by any persan is from #he City or from otber areas
of the Caunty shall be 'determined hy the City f.hrvugh such
rriethvds or systems as the +City and the Caunty sball agree and
de.em appropri~te. •
E. Revenue allocated to Sxgnatory Regi.onal City if any shall be remitted quarterly. A1lpcable, zevenues, including interest eamings
thereon, m.ay be used for the follaw%ng purpases:
1). To pay IandfiII clvsuxe costs.
2). 'To fund a reserve for future land#'ill costs.
3). Tv pay other collection casts.
4}. Any other lan.dfil1 purpase.
Section 6: UTTLITY TAX.
, If the City, Caunty or Signatary Regional City should impvse a utility tax on the
. dispDsal of Solid Wasfe at the 5ystem, the prroceeds af tllat utility tax on dispasal vf Solid
Waste generaxed within the County, either fram ancorporated or un.incorpora#ed areas,
' sha1T be share~, after the deduction of a11 apprapriate and reasanabIe adnainistrative costs,
betvveen the City, the Caunty and the Regional Cxties propartionately based upan the ~ons
of Solid Waste delivere+d fe the 5ystem from the City, the Regivnal Cities, and #he tons of
Solid Waste delivered to the 5ystern faom other s+aurces. The alIvcation of the tax wilt be pursuant tn the me#hvd specifietl in Sec#ion 5B vf this Agreement, +
Section 7: UPDATE OR THE COUN'I`Y ~~NTREHENSIVE SOLI3
WASTE MANA{GEMENT FLAN.
Fursuaut to RCW 70i95.080,. Signatvey RegiQnal City hereby autharizes the
County, actng independently or through its agents or cansultants, to grepare a plan for .
5ignatory Regional Caty svlid waste rnanagement as apart of the revisions to the Spokane
Caunty Comprehensive Solid Waste Management PIa.n Update xn 1989 and every f~ve (5)
years thereafter, incTuding preparation af a Local Hazardous Waste Plan, a Recycling
-.a.~
' 11
i
494Dfir82
; ~~~61~~ 42P ' ; .
4FFICE 4F CITY CLERK AGR $34.00 40kane Co,a
SpokaneValley Agreement to Join Regional SQIid Waste Sgrstem as R.egionai City,
pledging ail solad vvaste ta S;ys#em.
Page 9 .
Flan and any environmental doetYm,ents required therefure. The Cvunty will provide :
' drafts af the update and n+vfify SignatQry Regavnal City a£ meetings regarding the update. .
'I'he Flan and any updates wi11 be submitted to Signatory RegiQnal City fvr their approval.
Section 8: AhONDNIENT. . .
Arriendrnent of this Agreement may be made an1y by wntten agreement vf the
parties.
Section 9: LIURATION AN.D TERM]NATI(3N. .
A 7Chis Agreernent sha1T be for an iniha], terrn vf 8 years or for such '
longer term as any Bands or Additional Bonds remain Outstanding. '
BThis Agreement can be terniinated early An1y by written agxeement of .
tho City of Spokane, Spokane County, and the Signa#nry Regional
City. Upon terminativn ❑f the Agreement fihe City shatl own the •
Systern and al~ of its assets. [cross reference, ~o-unty Interloca1
CooperatiQn Agreennent, See. 5.2 el.
~ -
'Section 10; IHEAUINGS. -
The section headings in #his Agreement have been irserted solely for the purpose •
of convenience and ready reference. In no way do they purPort to, and shall not be
deemed to, limit or extend the scope or intent of the sectians ta which they apply. -
Section 11. ADDTTII]NAL. .
This Agreement contains a11 vf thc terms and conditions ag7reed upon by tbe
patti es. No ather understanding^s, oral or othenwYSe, regarding the subj ect matter of this
Agreement sball be doemed ta exist ox to bind any of the parfies hereto. 'I'h:e parties have
xead and ur~derstand all vf this Agreemenf, and now state tIiat no representativn, promise,
or agreement not expressed irl ttiis Agreernent has been made tn induce the parties tn
execute the same. k`aiiure to enforce any term ar cQn+dition in any vne insfiance-sha1l nat
be deemed waiver in ather instance. This Agreement shall nvt be cvnstrued to favar any
partY• .
Sec#ian 12: FlLINC'x DF THE AGREEMENT.
'I`he City of Spokane and Signatary Regianal Crty shall file this A.greement with
the respec#xve City Clerks and the City shall fixe this Agreement with the Spokane CQUnty .
A.uditor and Secretary of State. .
~
4940682 -
~
~ ~~12~3 ~ ~
~ 2P '
_ OFFICE OF CIiY GLSK AGR $30,00 Spokane Ca, ~
~po~~~e Vailey Agreement to Jogn Regional Solid Waste System as Reeanal City9
pledgfng alI sQIid waste to Sys~~m
Page 10
Section 13: SEVER.AB3LIii`Y.
.
Iri the event any provision of this Agreement shall be deGlared by a cgurt of
competent jurisdictivn to Ue invalid,. iil.egal, or unenforceable, the validity, iegality and .
. enforceabilitJ of the xemaining provi.sivns shall not, in any way, b~ affected vr irnpaired
#hereby.
' Sectian 14: EFFECTIVE DA'TT. .
This Agr+eement shalI became effective irnlmediately aiter it is duIy adapted by the ~
Eoard of Spokane County Corumissioners, and the Cauncxls of the Citi.ies of Spokane and
5 #he Signa#ory Regi.onal City, I+1` WITNE55 WHEREOF each ofthe parties have executed this Agreement by t.he$r duly
- authorized officials.
DATED this ~ day af 2003,
0 CITY OF SPQ~~
Byf 7
. 1Q ~wer~, ayo~r
' ac c
City Admi-nistratox
A.TTEST:
. ~r.. '
~~,I
Te"m'Pistex
' CitY +C1erk
Appzaved as to Form:
a
ab~rt Bea
Assistarit {City A tvmey
~ _ _ . . s~
4940682
,
- 1 0,
. : 0a81~12~i ~:4~P
OFFICE OF CITY M AGR $3k.00 Spokane cot VA
Spokane VaHey Agreemeaut #o JQin Regional Salfd Waste System as Regianal City, '
pledging afl soIad waste tn Sysgem Page 11
ADOFTEl] by the Board of County Commissioners vf Spo1ane Cvunty, Waslungtan this
~ day of 2003. .
"IF, Cn
Ja Rasl~el e G6~4~r ,
#
~ SEA~.r , ~ •
AMSTs ~ •
VI'GKY M. DALT~N p D. S2IT5.
THEBOARD
~ P ` . ~ ~ . . .
Daniela. Erickson, Depu#y M. kate & ashn, Conmmmissianer
A,'TTUT: APPRC]VED:
.
.
4g COV~ XXJ
' ela E-ricksv Cei ne
Boxer ~ ' - lerk of th ~ ard Chief Executive Officer . .
Apprv d as ta Form:
ames P Macio
ivii Deputy
Prvs ecu#ing Attorney .
• 1
~ - 4940682 Pa e~ 12 ot 12
4$lO6120N 05:42P .
Spokane co,TA
OFFIGE OF CITY CLER~ ~
~~~kiane VaIley A.greement to Jonn Reggonal So1ad Waste System as Regional City,
pledginga1l solad waste #o System
Page 12 '
DA.TF,D this :5 8 day of ~ ,.+t~•~^~. : , 2003. .
+City of Spokane Valley, WA .
Signatory Regianal City .
City Manager
At~~st:
~
City Clerk
Approved as to fonn:
, . J ~ .
' At#o
_
. . . ~ td~a'~¢v,s.v..,~ -n~t .4RMii - • ,r~Y i _ . . ; .
;
' ab V '
k
` ?.Spakazae Regional Solid Waste Systern `
SOU 0
. ; -
~2 1 N. wail SCreet, Suite 410
W TE 5pokarte, WA 99201-f3$? 5
;
(509) 625-6580
(509) 625-6537 F~iX
' ~~TE }iftp:lfti~v~.-tv.solidwaste.or~ ~
~
i
~
. _ ;
i
f
UM ~
TU : Solid Waste Advisory Commii#ee ~
~
FR,C]M: Russ Menke ~
. .
i
T7A'T'E: February 25, 2009 ~
i
RE: Regional Gaverri~ce Alternati~aes ;
;
The SWAC has reviewed and disGussed various alternative fiiture governance structures for the 4
System at itsOctober, November and January meetings. Alternatives cansidered can generally be
categorized as fvllows; ~ ~
1. Existincy System.
E_
2, Strong Liaisan Baard '
3. Couanty S,ystem '
. 4. Cflunty Disposal District
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5. New Regionai Autharity ~
6. Nvn I'ro~'~t 4rganization
' The fvllvwirrg sectzons describe my general understandin,g af fhese altemative stnictzures, ~
Obvivusly, the actual implementation of an a.lternative s#xuctLtre wauld detennine the exact '
details of the alternative. strueture. I have alsa shown, from the SWAC ininutes, the Pros and a
Cans identif~ed by the SWAC fvr each altemative. I wauld Iike input fram SWAC on my ~
understallding of the various alternatzves. I also suggest that the SWAC may want ta revisit this ~
list, to determine whether any of the alternatives can be eliminated from further cansideration. '
Aftex a viabre lis# of altematives have been identified, I prapose that Y retain qllalified Gaunsel ta .
identify the legal steps needed ta implement each alternative, and further define advantages and ;
disadvantages to each type vf structurre.
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1, Exi~~ing System . a
Continuation of the exis~~~g System, vvhich is matiagared by the City of ~~~lcane. Ce~`►.ain majcaa
i
d:ecisions requir~ the cvncu~~~~~ ~~the Board of Caunty ~onurii~~ioners. All p~~~~~~ting municipalitie5 agree, vaa Interlocal agreements, ~ ~irect a!~ ~~~id waste generated withm their ~
baundaries the System, The County agrees ~xert ~~w contro1 over waste generated in the
unincorpflra~~d areas, to des~~~~~~ th~ System as its sole disposal site, and to nnt ;~ermit ~y other
~~s as~.~ sites. ~e Coun ~ ~her ~rees to p~ravi~.e s~,bsti~ate w~.ste or the ~onomic ~uiv~.~e~~ °
~ ~
unde~ ~ee~~~ ~imited circumstances where flow contral i~ wienforced or ui°ienfa~ceable, ~d as a ~
res~~~ the, 5ystem is operated at a teduced capacity. _ Pxisfing 5~sh!m 4 ~
i.
~ ~ Cons i
~stablished, in p1ace, fmctioning Fiscal & operationa.l aversi,ght- c~nflict ~of ~
intet-est
- i
No legislative cha~~~~ ~ 'raxa~ion without repres~~tatiQn . I
EKisting city serviceslr~~ourees ~ Lack afiregioral perspective ~
,
No cost ta cha~~~ system . ~ No process for di~put:eresimlution ~ w
. ;
I Liaisor~ ~~aiid has no areal au~~orit-y .
~ Unclear assign, r~en~ of au fborQty ;
- - Misaifl;g~urnent of State, roles aiid ~
respan:sibila#aes . ~
i
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2. Striong Liaisa~ ~oard. . a
Tlu's ~~~emat~~e i~ ~ ~nfinuation of the cw°rent Sysfiem, ~xcept ,he Liaison Board rnlembership
may be o~~~~~~~d to'be more propartionate to the populatianof h, P. i7alepayers, ~nd the Lia'lson ~oar~] wo~a ~ ~ d .~wers, ~ for ~~ple, ~ es~:blishia, po1ic~tes, ,app' ' ~ovin~ ~ gets `
~~r~~~~~ ,
setting tippiwngrifees, hifi~~g and1or discharge of ~~e di~~edw. U~illsnown iis WbI etner maj~oz' decisions '
~ould be st'6jea t~ oonc:~.~~~ce by,either the Cfl~~~ of ~ity'la~ ~~okane. Th~s gh'i~ingof ~~owzr~ ~~~onu~~~ -of ~~olica~~ ~o the Liaison ~~~d comphiica~~ capital Fund:ing. The
,
Airector and -em,,~loyees wou~~ ~~t-linue to be emp~oyees ef th,,c City of'Spvkane. ~
,
Mrang Lna~soia. Board Cons
Could ha~e -au ~ 9 orify ~ ~ ~~~~er~o ca~ ~~~~~~t L-e-a~t changre fro m exast'~g Sys~em
,eban, ged yLeast ~hange ~~omr exi.s-fi~g, Systes~ ~ Qu, estimaable fiscalzauthQrity ,
A st~~ ahe 6ght w~~~~~~on ~ sUnelearasset alt~acatiryan
May ~more Reasilly doz~~ ~~oved effizi~~cies Qu3c1ear
May,require i~~~~s~,] eviorx to b e F~r~~ona1ly '
T~~~~senta~~ive
Page 2 of 4
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3. 'Co1,]:n$y System
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Under this alternua)five, m anagament of the System woulcl be shift~d E~~~ flie City of ~~okane to -
~~okane Caunty, ~i~ ~~~tem would then be operated ~ ~ ~f the County, under the
d~~~~ ~nt-ro1 of the B-oard of Couaty ~onimissioners. P~~sumabl,~ pasticipa-ting ~nmunities -
would cc~~tinu~ ~o agee, vaa int.erlacal agreeMeiits, ~o direct a11 soilxd waste generated within t~eir
~oth-eSs~rn. U~rio~rara. is w~ae#~ier ~.3or ~.e~cisions would b~ su'~j~t ta ~ncu~ence
~
- '~y the Cit~r of ~p~a~ne, or my the ather mumicipa~~ifies. Thedirectar an. d staff vvou-Id be ;
e~~~~~yees of the County. '
~
~~ounfy System „ i
Pros Cons '
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Regional. ~epr~sentation Unclea5r i nitia~ ~~~~t allocation
No legislat~~~ requ.ired1consistent Board structu~e too smA
Wa-till State taw ;
Un, weighted represen?tation by City of S,~okane .
4. ~oun, ty Disposa~. Dastifict
This a~~ernat,ive is simillaa tfl tae County Sys~em ~lter~iative, thatadisposa1 dis#rict would
be created whuzh wou, Id have the pawer to colleci an excase tax fior F;:he privalege of livinor in ar
operating a business vr~~~n t-he distnot to sup~ort the costs of sdI:~d waste disp~sal, ~~owever,
puysua.~,t to t t~~ 3ro.S`S.1140, zas~y pr~~efty which is pr~~~ingco-m- me~~~~~ ~ar-b.age'snall be . ;
i
exe~~a~ if the ova'.ier is pxoviffingTegu1ar cQIlectionamd =d:isposal, 'I~h~ Distfict would ,opexate i
a,andex the dixectcontro1 ~oarrA of ~c-Lmty Co: , < < i~sioneirs.1lI~[u micipalfities can only be ; -
~~~~~ded vvi:thin ith e distri cl by resaluti,on o-f ~ove,~ngg, bvdy, '~he director -and st ff would be
0 ~ , '0loyees =of ~~e Di~:ic~. i
, ~ounVffisposal Dis triet ~
. PrQ5
Legislative authord, ~ ~xists ~ Taxir.g authQfily,
Regional repTeserAtation ~ f~~~~~ial rt~ ~ewwd waste
Possibillity,of kes`~~lishirg agoveming boacd Maydiscoura ~;e ca~~~~~ition ,
~ ~ing autharIty-;~oterifia'1 to replace fipping Ma~ not faidy d2s#.~~~~~e mven~~~
~~s wi~~ ~a tas; ~oftenfiaTl ta Tes~~c-t~u~~ flow
In`~eflocal .ag-eemmis ~ May b.~ ~~stricifuve ia munic3paliti,es ° ' ~ . .
Strong financi a! a-utha~ity- May.Tzequire leg~slative a~tion f-or ~~paxate .
~overnm g k~~dy ,
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5. New ~~~~~iial Autnotity Under this a1~~nieive, a regional a~thor~~y would be created pursuar~t to state law. The goveniiiig
body would b~ ~ ~oar+d of ~~~~~~ors, wha, could be either crar-ent e1ec1.ed officaals, citizens
appointe~ current e1ec~ ~~'cials, or even a nevv elected body. ~xamples ~f these authorities ~
includ~ ~~~~~e Tra.nsit Autharity, the Spvlcane Pub1~~ Facil:ities Distnct, the Spolmne Coury.ty ~
Health District, tche 5~okane Internatiorial AirpQrt Board., t'he Solrd Waste Auth~~~y -of Palm '
Beac'~ (FL), the ~ounty Resource Recovery Authar~~y (NY), or the i
~~utheastem Pu'~l'Ic 5~~~~ce Authority (VA). °F'he d~rector and staff would be employees of the ;
Auth4rity. :
. ~
~ew Regi€4~~il-Awt'hoarity
Piras I ~~~s
Regional representat~on Initial asset a1lvcation unclear ,
~~~~c~a~e~ a~~~~~i1it~ ' STA rr~odel adds ~.dditior:~ respc~nsibilities ta
~~~ted +~fficaals .
Opportunity for dir~~~ ~~~~~~~on. to board Lvse abi1itytcdllatera1 t~ sirppQ~ System via ;
City rate payers C)ppvrtiinity t~ ~hange flow control Legislatiot-i may be neec~~~d) for ta)dng o.r boiidii'g autlio~ ~ty ~
Abaii:ty to address en~~~onmen~l conwms for - p
c~ ~~ity
g
,
6. Noripro~'~t Orgami.zation ~
6
I am -iiot clea~ ~n haw flr,is ozganizat~~~n would be go^verned. .
; `_ouprof ~ Gr~~~afia~
fto+;] ~ CoJL1Es j
Attemative fundingr Cources ~ Unc~eat auttia~~~tyllegal, autha~~~~
~~gionalrepresenta:t~~~ ~ May tes~~~~t furcding ,
~ L~~~~ ~o-Linsel needed , i
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AGEN'BA SHFEr FOR CaUNCIL MfMNO OFs . NOW 6, 20a~~l?"Yo~~ g8
. Subrrtiittir~a be~#. Cantact f~ecsvnlPF~ane ~Io. Council Sz~ "
RegIonay Solid Waste System Russ Menkel626-6524 Publ~c Works +ComtnittWq f04~_ N~
AdMiNISTRA~IVE L~~~SLATIIVE ~ESSION OW PR1 qM . .
' S~SStOH
xConfraCt oEmBfgBi1C}I L]rd aCornmunioation9 CLERK'S FIL.E 02 -D19$%
o R$pol o Resoiut(on v Ecacramie Development RENE!VVS
a Clserrss o Flnab Fieading 0rd o GT4VYth Maraagement CRQ55 'REF .
o !FIr5t Reading Ord v Hurnan SeNlces . EhIG
•
. fiTANDiNG COMRAITT~~S o Speoias Cvnslderation o NelghborhCods BfD RFQlP 93497-08
(Date of Nmtili~aUvn) o H'earIng v PubiiG Safety REQU15IT10N CR!9102
0 F{nance v Puntic Saiety x Quality Sarvtr.e De1ivery IVezghbarhoadlG$mmissloNdommittee Notifed;
o Neighbarhoods xputsliclllfnrks-t9m o RaCiai EquVCuiEural DNersfty
o P[ann[ngfComrr9unjtv & Econ Qev . . . . a RebuildNaintaln infrastrtacture Actian Taken:
AGENQA Contract with Gamp Dresser & McKee lnc. (CDM) for a Performance Audit of the Spoka~~ WaRDiHG: Regional So1id Waste System (system). The contract term Snri41 be fvr one year from the
(cf corrtrect, Enc[uae acceptance of the contract The estlmated expenditure is no# tO exceed $176,000.00 and is In the
the term.) 2008 bUdget. . .
~~~~~~OUNQ: 1n Iate 2407, the Board of Courtty Cammissioness reqyested an Independent perfarmanrelfinaricial
(A#tach additlone1 audit of the System, to be financed from the Systerrt budget. The Mayor c+oncurred, gind ascoge of
shoat Ir roecessary) work was devetvped that was mutuafly acceptabie tv the C'sty and Gounty. "ihe overall goal of this aud1t
is to id'entafy trppartunities that wtll lmprave the System'~ effleienGy and effectfV~ness, as we11 as its
accountability to the City of Spvkaney Spokane County, and theRegional Cities. The audit vvill provide
aspecific assessment of how we11 the 5ysfiem is dQFng, and what can be lmproved. An RFQP was -
issued in May, and proposals were receyved. from f'i►re cansu[ting teams in Juty. Fvlfowing evaGuation
and fnterviewsr aCvnsulfant Se1ectevn CvmmIttee rervmmerided negotlation with CaN1, On the -
recommendation of the So1id Waste Lsais,on Baard, the scope of the projeck was reduced tm avvld
. redundancy uvith a financial audit that the State Audstar's Offce is currently perfarming.
RECOMNIENQATION. Ppprove o N/A o NtA • -
' . x Expend3tqre: $176,000,04 #449044700-37177-541 a1l
. o Revenue: $ # .
ATTACHMENTS. [nciude in Packets: ~ . . .
C7n file for Review in Clffice of City Clerk; Contra~ct ~ .
SIGHATURES: '
epartmen~ He~d . 3is~ irec~" Finance
~
Lega1 ~ For the Mayor/ 0dur6I PresIdent _
" r
Purchas'rng
.
DiSTRIBIMOH: Cantract Accounting Finance Taxes & Licenses
Purchasing Camp Dresser &McKee Inc. Reginnal Salid Waste Sysfem
(tbremer@spokanecity.org) (lboomhauwer]@cdm.com) Osmee@spokanectty.org)
COUHCIL ACTiONa APPROVEflBY
S ~~~Y ~~'~~V~CIL: •
,
.
, CC ~TY ~
r 10R;VMVM f .
CL+~~~s~ ICE
. C! ~FoKME~'WA.
ConsuftantlAddressfTT~e9ephvn~
CO~SULTANT AGF$EEMENT
CAMP DRESSER & MCKEE lNC.
$19 SW'IlU`ashington Street
Suite 940 ,
- Portland, Oregon 197204 Ageeement Number: (503) 232-1800
.
Fax: (503) 232-9272
Gity Proje~t Number. RFOIP No, 3497-08 .
Agreer~~~t T-ype (Chaose ane) Project Tit1e and Work Qescription: . 0 Lump Sum S'POKANE REG[ONAL .SOLIC} WASTE
. SYSTEM PERF~RMANCE A'UmIT .
Lump Sum A~ount,$ ~
Cost Plus Faxed Fee . .
+Qverhead Pragress Payrnent Rate~-~'` %
Overh~~d Cost Methvd ` .
~ Actu al CQ st ' .
P-4VL1.#Rl C1ds1 NL/16 tQExVGGd i AR. . j . . %
s VoI 11p4~~~~n DGite
'Q Fixed Rate , % Sepfember 15, 2009 . .
'Fixed Eee $ ~}'!r .
~
Tt~tal ~►r~ou~t# Authvrized $ 160,000,00
~ Sp~zific F~ates vf ,
. Management Reserre Fund' $ 16.000.00
Negvtiated Hourly Rate
Maximur~ Amaunt Payab1~ $ 1176.000.00 . ~ Provisivna'a Houriy Rate ,
~ Cost Per LDnit of Work
~ .
s
THIS AGREEM'ENT is between the Lor,a1. Rgency of C~TY C3F SPOKANE,
- WASHINGTON, hereinafter called the "Agency," and the above organi.zatEon, hereinafter Ca11eC1 the "ConSU~tant."I
. WITN'ESSETH:.
INI~~REAS, the Agency desires to aecomplish the above referenced project; and -
WH'EREAS, the Agency daes no€ haVe sufrici+en# staff xa meet the required
. commitment and #herefore deems it advisable and desirab1e tv engage the assis#an~~ a
Cvnsultant to provide the necessary ser►rices.for the Project; and
WHEFiEAS, the Consultant represents tha# Wshe'is in campliance with the
WasFaington State statutes relating to, profassivnay registration, if appiicable, and has
signified a uvilCingness tv fumish consuffing services fa the Agency; Now, Therefare,
. The Parties agree as fvlfows;
1. ~ENERAL DESCRIPTION C3FWORK
The workurader this Agreement shall cotasist of the above described work and services as
herein defined and raecessary to accvmplish the comp1eted wvrc for t~is Projec#. The ,
~onsultant shall fumish a11 ~ervsces, labor arad related equipment neces5ary tD conduct
and cornpl+ete the Work as designated elsewhere In this Agreemenf. .
11. ~COPE flF WORK
This Scvpe af Work and projec# level af effart for this Prcaject is detasled in the attached
Exhibit A. -
. 1'11. GE1~ERAL REQUlREMENTS
A11 aspects of cvvrdinativn of the wvrk of this Agreement, vvith outside agencies, groups ar
individuals shall receive advance approval bjr the Agency. Necessary coratacts and .
meetings with agenc'ses, graups or indiuiduals shall be coardinated thrvugh ~~e Agency. ;
. The Cvns+ahant sha1~ attend cvardRnativn, progress and presentafion rrleetings with the
Agency vr such federal, cornmunity, state, city or county affcia1s, groups ar individuats as may be requested by the Agency, The Agency wily' provide the Consui#ant suffficient nntice
p(ior to meetings req~idng Consu1tant participativn, The minimum nurnber of haurs or
days notice requ'lred shall be agreed to between the Agency and the +Gonsultant and
shown in Exhibit A. The Cansultant sha11 prepare a monthly prvgress repott, in a form
a,pproved ay the Agency, tha# will autline in wdtter~ graphical fvrrn the variaus phases
and th,e Qrder of perFormance of the wark in suffcielnt detaii so that the progress of the
work c6n easily► be eva1ua#ed. ,
,
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►AIl reports, PS&E materials, and other data, fiumished to the Gonsultan# by the Agency
shali be retumed. r4l1 documents and other work products pre,pared by the Cansultant
prior to completion or termination of this A►greement are in~truments of service for this ,
Project and are the property of the Agency. Reuse by the r4gen:+cy or by others acfing .
fhrough ~or on behalf of the Agency of any such instruments of service not occurring as ~
~art vf this Project, shali ~e wethaut liability or legal exposure ta the Con suitarat.
I11. TIME rOR BECaINNIiVG AND GOMPLETiON
The Consultant shall not begin a:ny wvrk under th$ terms of this Agreement until
authorized in wdtEng by t'h~ ~~ency. All work under this Agreement ~~all be completed by
the date shawn In the head'ing mf this Ag reeme nt un der cvmplet'ivn ~d ate.
The establish~~ corrap1~~~~on #ime shalI not be extend'ed because- of aray delays attributable
to the Cor~sultant, but mayr be ex#ended by the Agency in the event ~o'f a delay attributable
to the Agency or because of uraavoida'b1c delays caused by an ac# af God or goverr~menta1
actians or other cond'tions beyond the contro1 vf the Consultant. A prior suppiemental
agr~ement %ssued by the Agency is requ1r~~ ~o extend the establisf~~~ ~ompletion tims.
V. PAYMENT
- ~
The Consultant shaiY be paid by t~e Agency fvr compfefied work arrd servEGes rendered
under t'his Agreement as provaded in th~ attached Exhibit B. The payment ~shall be full
compensation for wark p~~ormed or services rendered and for all Iabor, materiais,
supplies, equipment, and incsdentals necessary► to comp1'ete the vvark specified in Section
1I9 "SCape of Work,"
llI. SUBGONTRACTING. .
. The Consultant p1ans to subcontract a minor pvrtion af the work ta +Cliftvn'+GundersQn LLP.
The Cansult~~~ shail not subcon#ract fo~ ~erfornance of any additianal work under fhis
A►greemen# Withaut priar weitten permisszon of the - Agency. Nv permission for
su~confracting shall c~~ate, betnreen the Agency and subcvntractor, any contract or any .
other reCatiunsh1p. °
V11. EMPLOYMENT
The Consu[tant warrants that it has not emplvyed or retained any company vr person,
❑ther than a 'b~~a fide ernp1~~~e worKing solely for the ConsuLtant, to solicit or secure this ,
Agreement and that 'it has not paid ar agreed tv pay any campany or persan, oth+e~ then a
'bona fide employee working salely for t'~~ ~onsultant, any fee, commissiora, percentage,
brakerage feey gift vr any other cansideration, cvr~~ingent upan or resu:Eting from th+e award
or making of this Agreement. For breach ar violation vf this warrant, t~e Agency shati'l
have t'he right to a~nul this A►greement without lfability, ar En its discret"ion to deduct from
the Agreement price vr cansideration ~r otherwise recover #he full amount of such fee,
~ommission, percentage, brokerage fee, gift or contingent fee,
3
, f
Any and all employees Qt fiae Consultant, or other persvns, whiIe engaged in the
i
performane.e of any work or senrices required of the.Consultant under this Agreement,
ShaII be Gonsidered employee$ of the Cansu3tant vnly and nofi of the Agency and any and
alt claims, that may or might arise under the Workman's Compensation Ac# on be'half of the
empIoyees. vr other persons while sQ engaged, and any and all claims made by athird
~arty as a cons~~uence of any act or omission on the p~rt of the Cvnsultant"s emplayees,
or other persvns white so engaged on. any of the work or services provided to be rendered
Iherein, sha`I be the sole obligation and responsib€lity of the Consultant.
T'he Consultant shalI nvfi engage, an a full or part-trme basis, or other basis, ducing the
pedod of the cQnfract, aray professional vr technical persunnel wha are, ar have been at.
..any time dudng the pedad of the conturact, In the employ of fhe Aggncy, except regularly
retired emp[ayees, Withflut wnt#en consent of the agency. V'Ili. NON-DISGRl{U~i NATI(]N
No individual shall be, excluded fram participation in, denied the benefit of, subjected ta
discriminativn. under, or denied ernployment in the admlnis#ration of or in connectian
. wbth this agreement because of age, sex,, race, cv1or, re1igivn, creed, marita1 sta#us,
famalial status, sexual vrientatlon, national ariginT honarably discharged veteran or
' military sta#us, fhe presence of any setasvry, mentaj or physzca1 disability, or use of a service anima1 by a person with disabiiities.
IX, TERMINATION +DF THE ►4GREEMENT iT~e right is reserved by the Ager~cy ta te rrninate this Agreement in whv1e 4r in part af any
tlme upon ten (10) days" w6fi~en natice tv the Consu titant.
in the event, fh is Agreement ss te rrninated by the Agency ~ther tharn fiar d efau1t on the part
of the Consultant, a fna1 paym+ent sha1i be rnade to the Corasultant as shvwn bedaw.
f17egotiated MvurZy Rafe of Pay Contracts -
A final payment shall be made to the Consualtant tor actual hours charged at the time of
terrn'ination of th'is Agrteement plus any direct non-sa1ary costs irocurred at fhe time of
tetmination of thiis Agreement. .
No pay►ment s'ha1l be made far any v+rork completed after ten (10) days fa1lowing receipt by
the Cvnsultant of the Notice to Terminate. If the accwmulated payment made ta the .
Cvnsultant prior tQNQ#ice of Termfnatian exceeds the tvtal arnvun# that wauld be due, then
na fi~al payrnent shall be due and the Cvnsul#ant shall inimediately reimburse the Agency
for any excess paid.
If the services of the Cnnsultant are terminated by the Agency f~r default on the part of the
Consultant, the above forrnula for payment shall not app1y. 1n such an event, the arnount
ta be paid sha11 be determined by the Agency vvith conslderation given tv #he actuaf cvsts
.Q _
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incurred by the Consultant 'In performing the worc to the date of terrniraatiQn, the amount of
work originally required vvhich was satisfactod1y Goimpletedi to d~te of terminationa whether
. that work is in a farm or a type which us usable to fihi~ Agency, at the time of termination; the
cost to the Agency ~f emp1oying another firra to complete the work reguired and the time
which may be required to do so, and ofher faGtors which affect the value fo the Agency of
the w~rk perforned at the time of terrnlnatipn. Under no circumstances sha9l p~yment
made urad'er this subsection exceed the amount which vuou1d have been made using the
formufa se# forth abave. rf 'lt is diQtE.'rI'711i`~~~ ~or any 'reas'41''I the ~'ioC1Su1t3nt 'WaS niDt in defaL'[lt 'or that the
Consultaratrs failure to perfmrm is w(ithoa.A it or its emplayee's fault or negligence, the
terr,nination shall be deemed to 'be a terminat:ivn for the cvnv€nience of the Agency tn
a+cGordance w[th the pravision of this Agreemenfi.
Payment for any part of the work by the Agency s'h,a'Cl not cflnstitute a waever by the
_AgenGy of a ny, remedies of a ny tYpe it rnay have against the Consulta nt fo r a ny breach of
fhis ►4greement the Cansultant, ar for failure af the Consultan# to per~orm work required
. . -of 'tt by the r4gency. Farbearance of any dghts under the Agreement wilI not constitute
vvaiver of entitlement to eacercise #h4se rights with respect to any future act or omission by -
the Consultant. X. +CHANCaE5 IN WORK ,
T~e Consultant sha1l rnak~ such changes and revisions in the compfete work af this
.Agreement as necessary to correct errors appeadng therein, when required to do -so by
the Rgency+, without additiona[ compensation thereaf. Shou1d the Agency find it desirabtie
for r#s ovun purposes to have previausly satisfactoritiy camp1eted uvork ar parts thereof
changed or revised, the Consu1tant shall make such revisions as directed by the A+gency.
Ths~ ~~rk shaII be considered as '~xtra lll,+ork Vi11 be paid for ~s herein provided under
'Section XIIl'.
Xi. BCSPUTES .
Any dispute concer~~~g ques#ions of facts in connection Wth the wor'k not +d'isposed vf by
Agreement !be#ween the ^Consultant and t'he Agency s~~~l be refer'ed for detet--nanat:ior~~ to
the C'dy Ad'min'istratar, whvse decision in the mafter shall ~e finaV' and canclusive on the
Parties, prvvided, however, that if an action is brought challenging hislher decisrvn, that .
decissvn sha11 be subject to de novo judicial review.
XIi. VENUE AND pERSONA►L JUR1SUICT[ON. .
In the event that either party d+eems it raecessary to instituta legal activn or proceedings to
enforce any right or obligatiQn under. this Agreement, the parties hereto agr~~ that any
such actian shalb be inetiated in the Superior Court af Spokane County, St~~e of
tlVashington. The Parties to the actiQn sha11 have the right of appea1 fmm such de:ci~ions
of the Superivr Court tin accordance with the laws vf the, State af Washington. .
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X611!. LEGAL RELATIOh~S AND INSURANCL The Consu'i#ant shall enmpiy wi#h al1 federalr state and lvcal lauvs and ordinances
applicabie to #he work tv be done under this Agreemen#. This Agrpement 'shall be
in#erpreted and construed in, acovrd with the laws DfWashington.
The Consultant shall cndemnify and hold ff~e Agency and #h~ ~tate and their offcers and
employees harmtess from'and shall pracess and defend at its ouvn expense all cIaims,
demands, or suits at law vr equlty adsing in whole ar In part from the Gvnsulfant's
negligence ar br~ach of any of its vbligativns under this Agreennent; provided that rsvthing
herein shali require a Consultant to 1ndemr~ify the Adency against and hvld harmtess the
Agency from claims, demands or suits ~based 'sv~ely upan fhe cvnduct of the Agency, its
agents, vffcers and employees and prouided further that If ~~e claims or suits are caused
by or r~sult from tMe cancurrent negligence of (a) the Consultants agents ar empbyees
and (b) the Agencyr its agents, and empCoyees, this indemnity provisi'vn with .
respect to (1) craims or suits based upan ~uch ~nsglEgence, (2) the costs' #o the Agency o#
defending such cFaims and-suits, efc.; sh~ll'be valcd and enforceabla only to #he extent of
the neg1igence of the Cvnsuitant, f#s agents car emproyees.
The Cvnsulfan#'s reiatian to the Agency► sha11 be at a[l fimes as an independent contractor.
The Consu[tant specifcally assumes pofentiai liabiffty for actions brought by #he
Consu1fant's own employees against the ►4gency and, so1e1y for the purpose of thts
Indemr~ificativn and defense, the Consultant specifica1ly waives any Emmunity under the
state 1ndustda1 rnsurance law, Title 51 RCW. The Consultant recognizes that th7s waiver
. was specifcaliy ente~ed sn#~ pursuant to the provisions of RCW 4.24.115 and was the -
subject of mutual negotiation. .
During the pe(iod, of the Agreernent, the Consultant shall maintain in force at it~ own
expense, each insurance noted belvw wit'~ co m pan ies o r th rvug h so u roes ap p rowed by the
State Insurance +Commiss1oner pursuant io RCW 48: A. Worker's Campensativn 1nsuramce wn cvmpliance with RCW 51.12.020, which -
- requires sub]ect errtpToyers to provide uvarket's' compensatiorr coverage fvr a#1 their -
subject workers ~nd Employer's Liabiiity Insurance in the amvunt of $1 1000,000;
B. General Liability Insurance on an occurrence basis, with acornbined single lirn'it of
nat iess than $1,000,000 ~each occur~~~~ ~or bodily injury and property darraage. I#
sha11 Include contractuai liabiltty coverage foT the Indemnety !prvvid'ed und'er this
agreemen#. 7t shall provide J~~~ ~~e Agency, its ot#fcers and emplayees are
addftivna1 Insureds but onsy with respect to the Consul#ant°s senviaes to be provided
under this A+greement; and
C. Autompbi[e Liability Cnsuran+ce with a combined s9ngie limit, or the equivalent of raot
less than $1,000,000 each accidenr for bodily Injuny and property damage, InG1uding
coverage for owned, hired and non-owned v€hicaes.
_
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Q. Professiona! Liability I~surance with acomained single limit of no# 1ess than.
. $1,000,000 each claim, incident ~ar Qccurrence. This is t4 cover damages caused
by the error, vrnissimn, or° neg1igent acts re7ated to th~ professaonal serv'sces to be
provided under th%s Agreement. - Zhe coverage must remain ini effect for at Ieast
twv (2) years after the Agreement is comp1eted,
:There shall be no cancellatiQn, material change, reducti~~ of limits or intent not to renew the insurance coverage(s) withvut sixty (60) days written notice from the Consultant or its .
insurer(s) to the City. As eVidence of the [nsurance coverages cequired by this ►4gr~emen#,
the Consu1tant sha1l fumish acceptable insurance certificates to the City at the time it
rettarns the ssgned A,greement. The cer#ifcate shal1 specify all of the partses whn are
additianal irtsaa~eds, and include appf'ica'hTe pa'licy endvrsernents, the sixty (60) day
. cance1lativn clause, and the dieductian or retention b'evel. The Consultant sha#l be
financia1iy responsible for alI pertinent deductibles, self-insured retent%ons, and/ar se1f-
insurance. "
~IV. EXTRA ~~RK .
Tihe Agency may at any time, by WCItt£'.n oTdE'.r, make changes within fhe general sco'pe af
the Agreement in the servic+es to be perfvrr~ed.
1f any such change eauses an inCrease or decrease in the e$timated cost vf, or the time
required fvr, perfo~ance af any part of the war'k under this Agreement, whether or nvt
ichanged by the order, or othenwise affects any Qther ter-ns and conditanns af the
Agreement, the Agency sha9l make an equitable adjustr~ent ir~ the maximum arnount
payable; de[ivery or cvmpletcon schedule, or ~both~; and other affected terms and shall
modffy the Agreement accordinglys
The Cansultant must submit its "request for equitable adjustment" (~~~~after referred to as
claim} under this c1atase wiithin thirty (30) days from the date of receipt vf the written arder,
Howewer, if #he Agency decldes that the facfis justify it, the Agency may reGeive and ~upvn a ciai~ submitt6d before fina1 payment of the Agreernent. Failure to agree tv any adjlustment sha11 bb a dispuite under t~e Disputes clause.
However, nathing cn this Glause shall excuse the Consu9tant from proceeding with the
Agreement as changed. -
hlotvii thstanding the terms and +~onditions c~f ~is section, the r~aximur~ a~nvunt payable fivr
this Agreernent, shal1 not be increased ~r considered tv be increased except by ~pecific
written supplenrraent to this ,Agreement.
7.
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X1. C+D'MPLETE AGREE[~ENT
This documenx and referen~~~ affachments Gontain all rovenants, stipulations, and
proviscans agreed upon by the Parties. N'o agentp or representative vf efther party has
authority, tv make, and the Paffies shaEl nat be kound by or be liab1e for, any stat$ment,
' representativn, prornise, or agr$ement not set forkh herein. No changes, arnendmerats: or
modifications of the terms herevf shalf be valad unless reduced to writing and signed by t'he
Parties as an amendment to this Agreement. X !l"1. EXECUTION AND ACCEPTANCE This Agreerr~eint traay be sir~taitaneflus,y exacu#ed In several cc]unterpar.ts, eacn which
shall be deecrrRed tv bean vdginal having ldentical Iega1 effect. Tha Consu1tant accepts the
AgCee6'1`181~~ and a+C~reBS tC] all L?1f i~s termS and CondItlQn.3. '
MI. RDOITIC]N,+4L TERMS AND COhIDITIONS,
A. CI7'Y OF SPQKANE BL9~INESS LI~ENSE., ~ectivn $.01.470 af the Spokane
Municipal Code states that nar person may engage in business with the Agency
without first having obta9ned a valid business license. The Consultant shall be
responsib1e f~r cvntacting the Agency's Taxes ar~d Llc~nses Divisian at (549) 625-
6070 fv ob#ain a business license or an exemption d~terminativn.
. B. A►~,Tl-KCCKBACK. Nv officer or employee of the Agency, having the pvwer or
duty #o perform an vfficial act or actian relaged to #his contract shall have or
acquire any interest in the Agreement, or have solicited, accepfed or granted a
,present or future gift, favor, service or other ~hing of va1ue ~~om or to any persan
. invalved in the Agreement. C. . STAN~~~~ OF CARE. The s#andard of care applicable to Cvnsultant's
services will be the degree of skil1 and diligence norma1iy empiqyed by
p~vfessional engineers or cvrasul#ants peifarmIng the same or s9milar senrices at :
the time said servmces are perfQr-rned. The Consultant will' re-perform any
serv1~~s not mee~ing this standard wAthout additivnal cornpensation. :
E. L1TiGAT1C]N aSSlSTANCE. The Scope af Services does not include costs of .
the Consultant fvr required or requested assistance to suppart, prepare,
document, bring, defend, or assist in litigatian undertaken or defended by the
A►gency. AIl suGh serVices required or requesfed of fhe Cansu1tant. by the
Agency, except fvr suits or c1aims hetwreen the p~arties tv this Agr~ement, wili be
reimnursed asEactra WDrk.
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Dated: , ~~OKAN!~
By: •
T~#I~: ~tomas . a~te.
~lty of 5~okane
Attes#: App~oved as tv form.
~
~ . Cityr C[ar~ ' Assrstant C'ity Atkomey .
~l~#~d: . . ~PC~~ Cal~JlP DRESSER & ~Ii~CKEE [NG,
. . Cyty af S;pvkane'Business LiGense No.
_ .
ry
. Email Address, if apRlicab1e;
. , sy.
.
Title;
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EXHIBff A i - -
SCOPE OF WOI€K '
5POKANE REGIONAL SOLIT, W~'1STE SYSTEM FERFORMANCE AUDTI` -
Task 1: Prn~ect Management '
The CDM Teann wiE work with the System to devexop apprvpriate mechanisms to
ma~tain the project schedule and to assure -the Sys tem's praject rnamagex is aware of
aR project xelated issues. We pro~~~e that these procQduces include a mvnthlY
progress repnrt summarizing activities u~dertakem in the previous n-tonth and iterns
anticipaged to be undextaken in the ~oming month, In additian, we would pxQpvse a
mid n~onth cvnference ca11 be held on praject status (separake from Qnt ~oing prQject
coordinatim activities), The CDM Team also, antadpates three briefings af the
Oversight Committee and Tec1u~~al WarR ~Group: upon ~cample3ivn af the work plan,
nnee during the audit, and at the campletion of the +draft repa-rt. It xs antidpated #ha€
. each briefing of the Dversight Comnaittee ancl Te~cal Wvrk Gxoup will be he1d on
the sam:e day. .
We pxapase to establi~h the delivery schedule vf interim ~eliverrables and vther
, xnterim projeet milestones duxingTask 2.
Activities:
■ I'ragress reports and meetings
• QA/QC actiuities
' s Invoicing -
. ,
T'a.sk 2: Prmi ect Ini#i ati.on ,
The Praject TnatiationTask is a criticai first step on the pxoject as zt prflvides the
meehanism #v ensu~e Lhat alt the project stakeholders are in agreement Qn the.
ahjecfiives Qf the project, what it will deliver and alia ~ow the infor'matian is ga~~~ ~o
be'used. Usually differe-'tt stakeholders cvxr~e inta a praject Ta1ce this with differentr
expectativns and ' un1ess rhere is a co-nsensus about the gaa1s of the praject up front.
these cli.fferences vvi1l tmdern-dne the effectiveness and va1ue oE the vltimate -
recommendations. It i's also critical that, once tiaere xs agr.eemenfi vn the gaals, the .
project stakeholders vnderstand how i.nformation will be shared and ~rogress
comnuru.cated to n khers. Based on 3rnput frorft interested parties, awri:tten
ca3nmurications p1an wi3I help guide the entire pr~~~ct
We propose fo starfi the project with a kiek-off meeting to esfablish the fQne, goaIs and
abjeckives for this study, as described below.
Kick-nf~ VlJ.or*shap
The CDM Tea-n1 proposes to earrv~~~~e this praject with a facilitated Project QuaIity
Management sessivn with the C]versight Comnittee, System s~~ a-nd Technical Work
Gxoup, This xs a CDM process used to enstxre that the project team understan{ds the.
goals and objectives ~~r the study and that cri tica1 success factors are identifi€d and
. respvnsibiRties assigned. This workshap wYII aIso establish a framewark far tl-ie CDM
. ,
Page 1 a f 6
Team to interv~~w and evaluate the System's aperatians and staff,'T`he care gro~p
fram this trneeting xr►ay effectively serve as ti1e Project Review Team to vvexsee the
project to comg1etion. We wou.id suggest th~t this group recorivene to review majOr
findings and canclusions as apprapriate.
We view this x~~eting as caitical to the projecl's ultimate success. It is inportant tl-Lat
we fu11y understand the goals and objectives of the Systern. '
DeveTop Work P~~~
CDM wi'fl prepare and submit to the Systern's project ma_nagex a draft wark p1an. This
. plan will:
E P"ropase a formal meetang scheciule
o Set forth a proposed schedute and approach fvr providing xegular projeet upelates
and co~a~catians betw~~n the Oaersight Conitnittee,Techn%ca1 Wark Grav~pA
and the CDM T~am. '
n Pxopvse a farmal pracess of cor=unicating wiflain the Systern during this projcct
~ ~~~~e the speci~ic tasRs af the study, intel-iin de]iverables, and finafi, delivexa:'~les
- We propvse that this draf F woxk plan i~e reviewed fQltowing the Kick-off workshog, .
with a final uersion submifted widiirr.a week. . .
Dacument Request and Revaew .
CI]M wil1 co1Yect and evaluate data Yegarding the System. This wi11 incIude, but is nafi .
limi.ted to, the currenH organizafi.onal chaxt, current s#af#'ing and schedule, cwrent
- budget, opexating data, and previous studies andJor repvrts related to the Systern.
Upan authorization by t1ne System, the CDM Team vviIl provide a prelin-dnary list of
rQquired docurnents to perform the Perfvxmar►ce Audit. This wi1l allow the System ta
assemble the xequixed documents so the CDM T~ean-i caal begit work as sflon as
,
possible. .
Task 3. 3'eehnical and Oioera!EYans Assessment
As part of thas task, and in cor~junctivn wit.~ other project #asks, a tedu-Lical analysis
and evaluativn will be completed #hat covers all process, performance and persannel
aspecLs of the Systena's operaticans. It is alsa expected that ~his task will be canducted i.~ co~junction with the develvpmea:t caf comparative and diagnastic be~chrn~rks. Thespecifzc subtask.s far the techa7icai analysis and evaluati~n are listed helow.
Subtask 1: Conduct a comprehensive review ~f the Systern`s fa~ties and interview
staf f. As paxf of the review, the CDM Team wiU p~rfarm a coxnprehensive tluee-day
inspection of f.he facilities. The purpose caf the irnspectiQn will be to assess fhe currer~~
conditic~n of the WTE Fac.ili.ty and o'~er Eacilities and ko vbserve routh-ie operating and
maintereatace practices. Z'he VV'~~ ~acility ins~~ctian will be caordinated with a
schec~uled boiler autage, iF passuble, tio al1vw zntemal inspection of the shut dvwn
urtit, . .
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Subtask 2: Review overall processes, cantrol,s, equipmenf, and vveran operatang ; -
;
performance of the 5ystem and ider►tify appropriate ways to reduce costs and/nr improve s~rvices. The CDM Team wall review key ~operating data for ~e VVTE Facility, .
. and cor~~~e various summary tabIes and grag~~ to 1rend historica1 perfvrmance. This
inlorrnatipn wiU be ~ompared with any perforrr~ce guarantees under the service
agreement p1us similar ~ata fram other eornpaxable Faoi'liiries. The CDM Team wiff
identify any areas of operation where perfQrmance is materiaHy different °Yhan the
perfarnance guarantees andf+~r indus8ry* narn-Ls and to assess the impact to project
revenues and costs. The CDM Team will alsa identify any performance trend.s thafi axe
observed that cvuld have a materiai irngact on future system revenues andf ax
~~erating costs. The #'ollowing criterga waU be used to assess the performance c~f the
WT'E Faciiify, '
OnrLine AVaitability -This parameter assesses the pexcer►tag~ ~f time tiat each.
combustion ureit and the turbine-generator mperated tiuxireg the year and has a
direct e€fect on the amount of waste that ean be proeessed and the r~uantity of .
electridty generaged.
Steam Capaci~ Utilization - 71-ds parameter assesses how ~lose the combustavn urits
Qpexated to fheir design steam genneratian xate when they wexe in QperatiQn, and
. ' has adirect effQct on the amaunt of waste that can be pxocessed 2nd the quantity
of ~~~ctri,city generated. .
Power ~~e'rativn - This parameter assesses fihe totai amount ak energy recovered
(gTOSs power), fhe amount af energr used tv run the p1ant (in-plant power), and
~
the arnount vf energy avaiIable for sale (net power), and has a di-re~t effect on
. energy xevenues, Residue Generatic~~ - This parameter assesses the amvunt ash reana'ming after the
. combustion ,process, whxr-h is reflective of fhe degree af bwnout, an~ has a direct
effect on residue I-Laulartg and disposai cvsts.
Fexrous Recovery - Tkiis parametex assesses the anou.nt Of ferrvu,s metal recoverecfi • .
~e ash prior to disposal, and has a direct effect on residue hauling arqd disposal casts as well as metaT rewenues.
Reagent Usage - This p~amet~~ assesses the rate ~onsumgtivn far various xeage-nts used for air ernissions control (e,g. lime, activated carbon, uxea), and has a direct
effect on operating cosfs. .
~Utility Usage This paxaneter assesses the amount of water, purchasea eleetridty,
rraturaI gas and wastewater used ar discharged by the WTE Far-ility, ar1ci Iias a ,
dixect effect on operatang costs.
Aar Perniit ~ompliance - i ' parametex as5esses the abilxty of the cvmbustion uru'ts
to +~onsistent1y meet the conditions of the air perinit while operating at their
. design capacity, and has a direct effect on the amount of waste irhat can be
processed and the quantity vf. electricity gene~ated.
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5taffing LeveIs - Thi~ parameter assesses the number of vperatxons, maintenamce and
adrnirdstrative s~aff employed at the facilitr, and has ~ direct ef~~~~ ~bility
to prflperly aperate and mair►tain'F~e WTE Facflity and the cost oE operation.
Stabtask I Com~~~e the System's performance to the goals and .olv7ectivi~s established
by the Spvkan+~ ~ounty Cox~~rehensive Sohd Waste Manageanent P1an (UiWh~`').
Task 4: Finance Assessrnent of VVTE Fa.cili#7i
. The CDM Team will review the rnajor costs related to fhe Wi°E Faciiity incIuding tYte
serv~ice fee paic~ ~o Wheelabxatnr.; operaFin~ or rJpass-through" costs paid by the
Sys~em ~~ch as reagents and utilaties; residue disposal costs; energy revenues ancl
reeovered metals revenues. T~~ CDM Teaan wi1i caxnpare these costs and revenues
with up to tluee sirilarly sized VVTE facilities and identx_fy any areas where costs
and/vr revenues c`liffer materiay from industry noxms.
Task 5: ~~~clunarrka~g Survev_ .
Cond.-act a benchmarking suxvey of at 1easf three , eompatable jurxsdictiar~ to ~~mpare .
the System's opexations, staffing, and costs. The ~CDM Team will co1laborate with
. System staff to id~ntify key areas of comparisvn and to develop a rating system far
th+e d~ey criteria. 'lhe CDM '~~~m will ideritify areas whexe.the System may be
ex~eLling and where improve~.nent may be adiieved. '
Task f. klow nf Xnformatian ~ommun'lcations Review
This Task include~ a review and eva1uation of the existitlg cvmmunicatian appraaches .
an~ general f1ow af infvrmation bekween the System and its stakeholders, discussians .
with Syste~ pe.Tsozne1, and recommaendations for furkher action t~ streng~~~
stakeholder relations and satisf~~tim. For the p~rposes vf this scope, "stakeholders"
refers to t.he representatives of the City of 5pokane, County of Spokane, a~d the
xegional cities sQrved by the System, as weT~ ~s the pubI~c in thvse locatip'ns,
'I`he. CDNiTeam will review the foUowang: .
. 0 ,Any applicab1e System pol3cies and prvcedurcs fcar ~~nunurz.ica~g with
stakeholdexs
. • Public education and ou'br~ach materia1s provided to Sy:s#em stalCehvlders
.
wi~in the past 5 ye~s (2003 - 2008)
Cvipespondence betw~~n the System and its stakeli-koldexs within the past
2 years(2006 - 2{308) -
~ Customer eampla'mt''ag for the past 2 years (2006 - 2008) .
~ Any othex ilifarrxnation relevant to custvmer serrice and stakeYaalder
° cammunicatiorsf to be deterrnined in conjunction with the System stafE,
Page 4 vf 6
.
'I'he System~s cmnmurdcation apprQaches, materialsr and xesWts wiiU be evaluated -
• based on ~the fallowing generral crite~~ (with final criteria to be deveToped after the
. project kickoff rneeting):
1. Clarity, cancisenesg, and averal1 quality +af dmcuments. Are the
corxana:mcations pxovided by the Systern ~~~r ftiendly? Are they written ox
presented using language, tools, and designs sui~~le far the audience?
2. Key naessages, Has the System developed lcey tnessages for its
commuricatians °with stake.iolders? If sv, da existing cammunications .
adequately represent tIie Sysfie&s key messages?
9. S~akeholder needs. Do e)(isting commu.nieations methods and materials
ade~uately address stakeholder needs -in terms vf cantenf, approach,
. frequ~ncy, and delivery method?
4. Feedback and input. Da the Systenes exisfimg approacbes allow for
. appropriate feedback from stakeholders? Are mecham'sms ii place tv
encourage feedbacTc? Ta reeord it? To factox it inta decisian malang fax t:he
System? DQ stakehcslders know fhe fate Q~ ~eir feedbacc?
As needed, the CDM Team may also discuss the variaus System stakeh~lders with
. System staff to 1earn moxe abvut stakeholder needs► inteerests, and preferences.
Upon c~mp~eting the review and evaluatian, C~M will: assess the mverall -
effectiveness af existiig cvarununications and provide a summary of findings.The
sunmary wi21 vutIine ar~~ ex:isting best practices Mi use by the System as well as
communacativns apgroaches and methods that could be impraved fo iEoster strongex ~
engagement and relativnshdps With the Sy~tenYs stakehvlders. V"►There improverrients
are ~~emed necessary, the Cd]M Team wffl slso provide recommenaaUQns fo~
~pproaches and ma terialsto enhance stakeholder c4mmunicatian, engagement, and
satisfaetaon, 'I'ask 7: Orizanizational Revi.ew T1~e CDM Tearn will review the argarizativnal structure and staffing levels of the .
Systemr 'Ihis task will incorporate a xeview vf reporting relaKonships and
xequirements as well as an evaluatican vE the System's ability fo adapt tn change. We
will rc~ew the Sys~erds contract management policies and procedures. The CDNI
Team will; reeotnmend improwements, ff any, tQ the organizational structure based on
t1ai.s review. .
. Taslk 8: Overa11 Svstem Assessmemt
T~~ ~DM Team wiR con~uct targeted cvmparisons caf Syste&s regional program, .
adniristrative servnces, and performan~e watl-t sxmilax pubhc and private solid waste
systems. The actxa1 measures to be campared wiJl be deteranined on~e we 1tave
cvrmpleted the data gathering and di.scussions wifh the Systerzr.'s groyect team,
I]e'liverabIes
The CDM Team wi-U prepare a draft w~~en report sumiraarizing aur findixags on the
System ape~atians and f inancials. repart will incIude appropriate tables, graphs
. and photographs fram the facility inspections. 'Ihe repc~rt wil1 also include a •
,
page 5 of 6
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- su=ary vf oux cone~~sions From the perfarmance audit as Eve11 as any
recommendafiivns regarding opera~~~al ~hanges arzd f ar Systern madifzcations tha€
cauld pvtentially ampr4ve operations, increase revenues andf or reduc:e costs. Our
findings, conclusions, and recommendations, will be orgarized to spedfically address
eaeh ~f the f4ltowing poin#s:
* Reafnmend prograrn ans~ staffing needs tv reach any unrne~ goals arnd mbjectives .
~Re'conunenct any inc~~stry best p~~ctices t.hat can be apphed to theSysten's
operations, r~.~cluding subsequen;t progx am ef ficiencies, savings, ar cosfs in meeting
ihose best practices * ~~comanend whether or not, ~d haw, the fiy►stem ~o-ulcl cha-nge procedures to
~etter commwn:ica~e and distril~~~e infvrmativn
* Recommend any changes that shvuxd be made to the management of the System ~ig-tin the paxame#ers of the ~CA
The CDM Team wi11 s~bn-tit 30 bo=d capies a~ ~e draft regoxt to the System for
review and cQmmei1t. T~~ ~~am will meet witt System staff to review the draft
xeport and to disscuss the Sysfe&s cornmments. The CDM Team wiU finalize the report
falIvwing this rr►eeting. CI3M wil1 ~~bmit 30 baumd capies and one elecicrcani.c copy of
~.ie friial report. The CI7M Team wil1 pxesent ffie repor~ ~ ~o -the City af Sp~kane, SpQkane Cauntythe Liaison Boarct, and the Solid Was~e Advisory Committee. _
a
Page 6 of 6
EXHISIT B '
, f
PAYMENIT
.
(NEGOTIATEa HOURLY RATE)
The Consultant shall bQ paid by the Agency fvr cvmpleted work and service rendered
under this Agreement as provided' hereinafter. The paymen# shal1 be full ~ompensa#Ivn ~~r
work perfvrmed or serv►ices rendered and fvr all 1abar, ma#eriais, supplie$, equipment and
incidentals nec.essary fo cvmplete the work.
A. HOURLY R4TES. TMe Consultant shall be paid by #he Agency for wark done,
based upon the negvtiated haudy ~r~tes shouv in the attaehed ExhFb€ts D and E.
The rates lasted shalI be apPlicable for the first trueiv~~ ~ymonth periad and shaIl .
be subject to negofiativn for ths follawing tuvelve (1 2)-rnonih periad upvn request of
the Consultant or the Agency. If negvtia#ivns are nvt canducted far ft second or
subsequent i`welve (12)-rnonth pedtids wMthin ninety (90), daYs after comip1etion, of ,
tie previous pe(iod, the rates L,sted in this Agreement ar subsequenit wdtten
authodzation(s) frorn the Agency shall be utilized for the p~riod of the Agreement. The rates are inclusive of +direct sa1aries, payro11 additives, overhead and fee. `Fhe
Consultant sha1E maintain supp+art data to vedfy the hours !bllled on the Agreernent,
B. DrRECT NOf~SALARY COST5. Direct nan-sa1ary cos~s will be r~imbursed at th,e
ac#ual cost to the Consuftant. Thes~ charges may 'include, but are not Iimited to,.
the fiollowirtg items: trave1, pdnting, Iong distance telephone, supp1ies, conaputer .
charges and subror~sultant Gvsts,
7 n Subconsu1tant costs ~may include a Sub-Gonsulfa~t Oversight markup of fvur -
' percent (4%).
. 2_ Air or train travef vuill vnly 6e reimbursed to ecanomy class leve1s un1~~s
otnervuise approved by the Agency. Autornobile rnileage for travel wiil be
reirnbursed at currenf rate approved for Agency emproy►ees and sha1l b~
su,pported by the date and time vf each trip vuith arigin and destination of
such t6ps. Subsisfience and lodging expenses will be reimbursed at the
same rate as for Agency emplvyees.
3. The billing ~or Dirsct Non-Sa~~ry Costs shatl include an lterrafzed listing af the .
charges directly identiiable with the Project. ~
4. The Consultant sha1l maintain the olgin~~ ~uppvrti:ng documerats In its offce.
5. AlI of the above charges mus# be necessary for the services provided under
this Agreement. C. MANAGEMENT RESERVE FUND. The Agency may dgsire to estabtiish a
Management Reserve Fund to provEde the Agreement Admsnistratar the flexibrlity
of authorizing additional 1furtds to the Agreernent for a1lawable aanfareseen costs, or
,
1~
q l
_ reimbursing the Gonsul#ant for additivnal work beyvnd that alrea+dy ~efined in th%s
Agreement. The amaunt inciuded #or the Management Reserve Fund Is shawn In
the Iheading af this Agreement. fihis fuhd may be replenished in a subsequent supplemeintal agreerraent. Any chang~s reguiring additiv~al r.osts iin excess of the
Management Reserve Fund shall be made in accardance with Sect6gn XI1J'~ Extra.
Work. .
D. MAXIMUM TOTAL AMOUNT PAYABLE. The maximurn tota1 amount payable by^ .
the Agency tv the Consultant under this Agreement sha1l nnt exceed the amount
shlQwn in the heading of this Agreernent. The Macirnum 7'otal Amaunt payable is
cvmpfted ofi the Total Amount Authvrized and the Management Reserre Fund,
The Maximum To#al Arnaunt PayabEe does not 'rnclude payments for extra wvrt as,
. sti,pulated in 5ectivn XlV, Extra Work. No rninimum amount payab1e is guaranteed
under this Ag~~ement, .
E. MONTi HLY PROGRESS PAYMENTS., The Consultant may submit billings to the
Agency for reimbursement of a11 cos#s autharized rn (A) and (8) above on amanthly
basis dufiing the progress of the v+fork. The'billings shal[ be in a forrnat approrred 'by
the Ag:ency and accampanied by the mohth1y lpragress repvrts requi~~d under
Sectxon IlI "General Requirements°' of this Agreement. The billings v~il1 ae
suppvrted by► detai1ed statement:s fvr hvur~ ~xpend'ed at the rates established in
Exhibit C, including names and classifcations #or ail emplvyees, and billings fvr alI
direct non-sa1ary exQenses. To provide a means of verifying the invoiCed salary
cvsts fvr +G~~sultant empToyees, the Agency rnay cvnduct emplvyee 'Interviews.
_ These ir~terviews may consist of recording the names, tit1es, and prosent duties of .
those emplmyees perfarming worcc on the Project at the tirne vf the interview.
Invoices WCI be paid within 45 days o€ submitta1 un1ess additional infvr=mation is
required. F. FI NAL PAYMENT. Final payment Of any balanGe due the Consultant af the gross
amount eamed vuill be rnade ,promptly upon Its verifscation by the Agency after the
completion af the wvrk under this Agreement, coratinger~t upon receipt of al1 PS&'E,
p~ans, maps, notes, reports, and other related documents which are reqaa'ired tg be
fumishod under this Agreement. r~~ceptance af the final paymerrt by the
Consultant s'ha~l constitute a re1ease of a11, daims of any na#ure which the
Cvnsul~ant may 'have against the Agency unless the c1aims are specifica~ly
resietved lra vurjting and transmitted to the Agency by the Cvnsu1tant pdor to fts
acceptance. The final payment shall not, hvweaer, be a bar to any claims that the
Agency may have against the Consu[tant ~ar to any remedies the Agency may
pursue With respect to such ;claumsi
The payment of any biIling wull not constitute agreement to the appropraateness
. of any item and that at the time af final audit, ail required ad!justrnents will be made
-and reflected in afinas paymen#. 1n the event tha# such fina1 audit re►vea!'s an
overpayment ta ~~e Consuifan#, the Cansultan# will refund such over~~yment #a the
Agency Within ninety (90) days of natice of the overpayrrtent. The refun~ shail not
12
l
constitut~ a waiver by the Consu1tant for any claims relating to the vafidity of a ,
fnding by the Agency vf averpayment. The Agency has twenty (20) days after
receipf vf the final Post A►udit ta begin the appeal process to the Agency for audit
findings..
G. INSPECrIaN OF COST R!~~ORD5. -rhe Car,suttant ana the subGonsultan#s s~~~l
keep available fvr inspection by repressnfa#ives vf the Agency for a periad of three
(3) years af#er final payment, the cost records and accounts pertaining to thE$
Agreement and all items re(ated #o vr bearing upon these records wi$h the folIowing
exception; if any iitigation, claim, or. audit arising out of, in connection wlth, or
related ta the Agreement is initiated before the expiratron of the three {3}-year
pedod, the cost records and' accQUnts shal'l be retained until such l'ifigation, c1aim, vr
audtt rnvolving the records Is completed. k
.
13
l I
E1'►HIBIf C
CONSWLT14NT FEEDE7ER MINATiON SUMM14RY SH~ET
(NEGOT'11A,TED RATi~ OF PAY)
~FEE SCHEDULE
Audited Hpur1y
Disciplfne ar Jvb Tftle Hauriy Overhead Proft Billing
Rate(a) u @ 181% @15% Rate(b)
PM/Principal In Charge $77.35 $140 $32.00 $25_ 0
Senior Managemen# Cor~sultant $75.00 $135.75 $31,61 $240
Seniar Engirreer $70,00 $.1 26.74 $29,51. $225
Pr1ncipal Engiraeer $62.00 $112.22 $26.13 ~200
Pd~~~~al!Management Consultant $54.00 $97.74 $22.76 $175
Senlor Cvmmunicativns Specialist $54.00 ~97.74 $22.76 $175
Management Consultant $46.50 $84.1 7 $19.60 $150
Engineer . $46,50 $84,17 $19.60 $150
Junior Management Carasultant $34,00 $61.54 $14.33 $110
Junivr Engineer . $34,00 $61.54 $14.33 $110 .
Technical Staff $30.00 $54.30 $12.65 $95 '
.
Admirtistrative Staff $25:00 $45.25 $11:0.54 $80
Subcvnsuitant $215
(a) Represents compvsite of sfaff assigned or potentially ass[gned fo projeck and an
ai@owance to reco~nize CDM ~pra~ctioe ~af r~eki~r~g anraual sa'~ar}~►► adjustmerats
(b) Rounded
' 14 "
~
s C3Tt' [l~ 9!W
~
Valley 11707 E Sprague Ave Suite 106 Q Spokane ValCey WA 99206
509.921.1000 ❑ Fax: 509.521.1008 0 cityhall@spakanevalley.org
Memorandum
To: Members of Gity Cauncil
From: Scott Kuhta, Senior Planner
CC: David hllercier, City Manager; Mike ,Jackson, Deputy City Manager;
Kathy McClung, Cammunity Qevelvpment Qirectar
Date: June 9, 2009
Re: Grafios Proper#y and Effective C}ate vf Ordinance
Qn May 28, 2009, City Council considered an ordinance adopting the Sprague and
Appieway Cvrridvrs Subarea Plan (SARP). Council requested staff input on twv issues that
uvere raised during the meeting. This memorandurn addresses the remainrng issues.
VESTING DEVELOPMENT PROJECTS
Once the SARP becomes "effective" a11 new development must comply with #he SARP
regulatians as specified in Section 2.0.1, Applicability. Under s#ate law, a complete
develvpment application must be submitted to the city prior ta the effective dafe vf the
ardinance in vrderforthe develvprnent projectto "vestp under curren# regulativns. Staff is
aware ofi a few projects that have gone through pre-applica#ivn canferences that have yet to
submit a deWelopment application. FolEowing are two vpfians that vuill a11vw sufficien# time
for develapers who are currently designing projects to submit develapment appiications
under existing reguiattons.
Option 1: Extend Effective Date
Ordinance 09-01 2 prapases to adopt the Sprague and Appleway Cvrridors Subarea Plan
with an effective date thirty (30) days after publtcation of the ordinance in the Gity's vfficial
newspaper. Cauncil has discussed extending the effec#ive date to either 60 or 90 days to
al{o►rv sufficient #ime for deueiopmen# projects to vest under current development regu(atians.
Extending the effective date fa 60 or 90 days is a straightforward approach to allvw sufficient
fime for develflpers tv submit for permits under current regulations. This approach woufd
estabfish a certain, clear deadline far permit application submittals. It wauld also allow more
time fvr staff and the public to become better acquainted with the new regulatians prior to
fulf implementation. Six#y days should prvvide sufficient tirne, but staff is not opposed to a
90 day windaw.
Optian 2: Pre-Application Canference Requirement
The other aption discussed by Council is to ailow only those projects #hat have gone through
pre-applicativn conferences privr #a the adoption date, to finish design and submi# an
application under current regufations. This approach would apply to about 5 prajects that
have gone thraugh pre-applica#ian cvnferences within the past year. (Pre-appl icatian
.
conferences are goad far vne year.) This vption is somewhat unorthodvx and could
patential4y cause cvnfusion among staff andfor development proponen#s. It is a1s+o
inconsistent with state ves#ing laws which state that vnly cvmplete development permit
applications vest projects.
Staff rec4mmends Option 1, eifiher 64 or 90 days.
GRAFOS PROPERTY
Dean Grafos testified before Cvuncil at the first ardinance reading on May 28, 2009,
reiterating a request to remvve his prmperty from #he far eastern SARP boundary. Mr..
Grafos stated #hat the current praperty use (used car sales) is similar in nature ta
surrounding properties that Councii previously removed firom the SAFtP boundary. Council
requested input from stafiF in considera#ion of NIr. Grafas' plea.
Backgraund
The property in question is the last parcei an #he north side ofi Sprague Avenue frontage
located wi#hin the SARP bvundary (see map belvw). The proposed zoning under the SARP
is hleighborhoad Center. City Gouncil previously removed all land betvueen the Grafas
Qroperty and Conklin Rvad frpm the SARP boundary. The property directly wes# is accupied
by an Qld house currently used as a music instruction business; direttly east is a Napa Aufo
Parts store.
-
~
-
Meighaorhocad
Genter Zone
: - ,
.
gue
,
d Grafas Property
r
The cuRent use of the Grafas property is similar tv uses ta the east, specifically an auto
parts store, and auta repair busine$ses (see pictures below). The property is currently zoned
Cvmmunity Commercial, which allow a vast array of cvmmercial uses, including auta sales.
The uses in the Comrriunity Commerciaf z+one are similar tv the uses permitted in the
Neighborhoad Center Dis#rict Zone with the exceptiQn of car safes. Furthermofe, the
Community Gommercial zone does nvt permit residential uses while the Neighborhood
Center District Zone does permit r-esidential uses.
The property is flat and does not pose any physical features that wvuld add or detract fram
being included in the pCanning area. A pvrtion af the Fred Meyer parking lat is located
directly nQrth of the properky thaugh there is na direct access to it.
~
~
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_ _ ~_•~..a ~1. _
AW,
- - -
~
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A
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_ ^j, ~~r av
• «=y - -
Fo91owing are =`pros" and "cons" for Cvuncsl consideratian. In this case, prvs are points in -
favor of rerraoving the ;prvperty from the Subarea PIan and cans are reasons to keep the
property in the Plan.
Prvs:
1. Respands posi~tively to a property owner'S desire to be remvved from Plan area.
2. Recnoving property vuiEl not have a significant overall impaet an the SARP.
3. Properfy vui11 remain zoned Cornmunity Cvmmercial whcch perrnits auta sa'les.
Cons:
1.Grafos property and parcel directly west cvrrtaining music business are prume
redevesopment prmperties c4nsidecong the caarrenf structures and uses,
2. A99ows alV retail uses vn sete.
3. New develapment wiLl nvt be !required to follvw architectura1 standards.
4. Provides an euen boundary an the east end vf the plan,
If Cauncil decides to remove the prvper#y from the ~ururent ~oundary, staff a[sv recorramends
removirag the parcel directly west (the music business).
~ C~~ SPC]K4n'I'E Vr4LLEY
Request for ~ouncil r4ctivn
Meeting Date: .9une 9, 2009 City 'Manager Sign-vff: Ctem: Check all that appay: [:1 cansent E] oed business ❑ r~ew business 0 pubCcc hearing
0 Anf❑rmation admin. repart pending 9egislation
AGE1~DA ITEM TITiLE; Park Rmad Reconstructivn #2 - Broadway Ave to Indiana A►re; Design
'Ph~~se Services
GOVE'RIVING LEGI'SLATION; SVMG 3.45 - Architectural and Engineering. Senrices.
PREVIOLlS COUNCIL. ACZION'TAKEN. (1) Approval of application for federal grant funding
fvr the Park Raad Recanstruction Projecf on September 12, 2006; (2) Appraval of 2009-2014
Six-Year Transpartatiara !1mprovement Prggram on June 24, 2008, which nnc6udes the Park Road
project;
BA~KGRQU'ND. The City+ af Sp~~ane Ua1ley received a federal gra¢at covering 86.5°/o of the
cost for des7gn af improverneruts to Park Road, up to $304,500. CH2M HILL was chvsen as the
most quaEified firm thraugh an RFQ se9ection prvcess in February.
O'~~~ONS: 0nformataQn anly. Staff is scheduled to breng to the June 16 CouncAI meeting a
motion authorizinc~ th+e City Manager to execute an agreemenf with CH2M HILL for the design
phase of this project.
RECC]MMENDEQ ACTION OR MC]TIQN: Vnfm anly.
BUdGET1FINANCIAL IMP►qCTS: The PE phase af this project fs currentAy federally funded at
86.5% up to $304,500; The 2009 Budget includes sufficien4 funds cn Fund 303 - 5treet Capita1.
Projects Fund tv Rrovide the required 1oca1 ~match..
SYAFF CONTACT: SteveWorley, Senivr Capitao Projects Eng9neer
Neil Kersten, Public UlJorks Director
ATTACHTI~ENTS !Draft Scope of W"ork and Fee for design services
EXHIBIT A-1
acone o-7 Work for Park Road - Broadway.
Avenue to Indiana Avenue,
City ~of Spokane Valley, Washington
Federal Aid Project No.
City P~
ect -o.May 2009 _
i.0 Intr~oduction
`I'he purpose of this scope o~ ~~rk is to estahTish the specific scape of CH.~~ HILL`s
professional engineerang services and eampensation far t~e final design of the wzdening of
Park Raad from Braac,~way Avenue tQ Indiana Avenue, The City of Spakane Valley
~(5pokane Valley) may make or appx4ve changes with.i;n the general scope of this agreement.
xf such changes affecE CH2M ~~L'Us cast of or tirne required for perfarmance of the
services, an equ.itable adjustrnent will be made through an amendment to fhis agaeement.
CH2M HILL wiU nabfy Spokane Vafley i-n writan~ ~f the occurrence of a change a-nd an
estima'te of the cost irnpact. ~~~kane VaUey will provnde written appraval of change. A 10
percent cvnkingency ~und has beera establishe~ ~~r minor char.nges to tht Scape of Wvrk.
Use of the contingency f-Lind r~quires written authorization from Spokane Valley.
5pakane Valley reserves the right tv exparid the Seope ofWark far this project ta include
engineeru-ig services far cQiistruction inspection andtor ca~structian ~.~anagement. These.
additianal sezvices during construction a.re not included in ffiis Scope of Work.
2.0 Purp'ose
The purpase of this project i.s to widen Park Road fram Broadway Avenue ta Indiana.
Avenue within the city limifs of 5pokane Valley, VV'ashingtan. 7`he propased improvements
are to widen the existi-ng two-lane rvad to atluee-1ane seetion wit:h twa travel lanes and a
conti.nuous left turn lane. Sidewalks wi€h curbs, gutters, and dedicated bicycle lanes a.re
planned for both side~ ~f the road. The project alsa includes associated drainage sys~ems.
The Broadway A,venu~ ~d Mission Avenue ante~~~ctioms wal1 b~e improved wifh cQncxete
pavement, i.n all direetions at Broadway an+d in !khe north-sauth direetion at Mission, in.
addztion tv traffic signal and xllumination upgxades.
SPKIEXHiBly}1-1-5M 052[09.f]OC i OF 12 385766.D1,'HV4'
SCOPE aF WC7Rf5 FC3R PAWC RL]A47, GITY 4F 5'f'[}44ANE VALLEY, M4Y 2009
3.4 5cope of Wvrk
CH2M HILL will desagn the project and supply docur~r►entation for the design in accardance
with:.
+Spokan~ ~ounty 5tan.dards for RQad and 5ewer Can.struetion
• Washington Departr~ent Qf Txansportaticrn lacaX agency guidelines
~ Washington I]epartcnent of Transportatian Design Manual
TTus scope of work includes the following main tasks: .
Task 1: Surveying and MappTng
Task 2. En~~onmental Doeumenfation and Permits
Task 3: Gevtechnieal Services
Task 4: Plans, Specificafions, and Estimates
Task 5: Utility 5ervices
Task 6: Right-of-Way Coordinatian and Plan
Task 7: Public Invalvement Caordination
Task Bi dding Assistance
Task 9: Project Mana~ement and Ageney Cov~dination
This seope af work and fhe fee estimate is based on the fQllvwing anticipated delivery
schedcrle:
• T~e Wark descri~ed hex~in will Y~egin in June 2009. '
• The biddi.ng phase for construc#i4n wil1 accur in the late fa]I a~r wi.nker of 200912010 wath
cQnstructiQn anticipated tQ begin in early spring 2010.
CHZM HILL wi11 provide the fo11awing speCific services:
Ta'Sk 1: Su'I'veyIng and ~appingi
1.1 ~urveyi~g
This task invvlves establishing survey cantrol and performing field surreying in support of
the base mappung for Task 4,
• Research, locate and flag fow-id praperty corners a.nd monuments adjacent to the projec-t
and existing wiffiin khe right-of-way. TYus task ineludes a request for informativn letker
to lacal surveying coxnpanies.
• EstabI:~~h the Washington Sta~~ ~lane Coardanates system for the prQject as well as set
prgjeet horizonta.l and vertical cantrol paints, based an NAVD 88 datum, alvng corridor
at approximate 600-foQt spacing.
•Research 1-90 and City road plans, records af survey, short plats, plats and binditig site
plans. CQmplete fihe compuka:tions fa establish the zight Qf-way for Park Road and
intersecting strreets. - -
, 5FK1E?iHISlT-4-1 SOW 052009.[30C 2 0F 12 3$5766.139.NW
SCOPE CJF WORK FOR RARK ROACY, CITY OF SPOiCANE VALLEY, MAY 2409
4 De1iiieate, by staking, the existing righk-of-way Tiaies where there are nr mvnumenfs a~ the praperty corners to prvvide v~~ual enhancement for publac anvolvement and right-
o£-way acquisitiQn activities.
pRe-staking of right-vf -way I~~~s is not included in this scvpe of wQrk anc.~ will be
compIeted on a tirr~e and materials basis by supplemental agreement, if requested.
* Task 1.1 woark shal1 begin as svon as weather permits a£ter the City executes this
Agreement.
1.2 ~Mapping
* Provide topagraphic rnapprn~ ~f the project area. Obtain suxvey data, extending from
watl-dn the eurrent right-of-way lines to ten fect crutside of the propased right-of-way
line for sidewalks, dxzveways, fences, mailboxes, landscaping, trees and shr-ubs. Contour
1ines will be shown on mapping at mne-fovt vertica1 infervals. Project limits are from
centerline of Brvadway ta 10[] feek nvrth of Indiana Avenue. The bridge over the I~~~ '
wil~ no~ ~e included except far locating each er►d for ma~ching pu.rposes.
* Survey in centerline of T'ark Street, flaw line at outside edge of concrete gutter (next tQ
the asphalt and away frQrn the curb), tog faee of curb and back ❑f walk at a maximum of
25_30 faot intervals. Wid-tin all cross sfreet i.ntersectivns TTN sh4ts s~~~~ ~e provided
rough1y every 25-30 feet. Where the existang roadway is aver 50 feet wide pravide
q~arter-crown TTN shots also,
a Show ex~sting right-of-way lines frrm records researched un.der Task 1.1.
* Request utility lacates prior to eonducting the survey. (Note: Utilzty agencies sametimes
ref-use ta perform field lacates during the prQject de~ign phase.)
sSurvey uti~ities (gas, pawer, water, sanitary sewer, starm sewer, cable TV, etc.) and
casings with:in the intersecti.on and within 10 feet of back of walk from above gror~uncT
visible eviclence,.
• Survey storrri sewer a~~ sanitary invert e]evatians.
0 ~.'rovide traffic control for surveyrng efforts.
* Work wiLl. be performed in conjtiuiction with T'ask 1.1.
Deliverabies; Base mappxng, inclzic~~~g a~l paint and TINfiles, i:n AictQCadformat.
TaSk 2; E17v1ronmen~~~ ~ocumentatioCl a11~ Permits
TYais scape of work is based vn the use of federaP dallars for construction of the P~~~ Road
Improvenxent praject. Therefvre, the National Environmental Poliey Act ~(N'EI'A)
en~~ronmental revi.ew process must be fo1low+er1 thxough the develapmenfi of this project,
wh;.ch inc1udes preparation of an. EnvirQnanental Classxfication ~ummary (EC'S) for the
Washington State D~pa:rtnent of TransportatiQn (VI~SDOT) and the Federal H%ghway
AdniirListration ~(FHWA), It is assuaned that an environmental review will result in a
Documented Categorica1 Exclusion {DCE} for compliance under NEPA, and an
SPKlF_Xhl1817_4-1 50W1652009.DOC 3 0F 12 385166.Ql.HW
SGQPE OF INORK FC3R PARFt RORD, CITY QF SPOKANE VALLEY, MAY 2009
i
Environarnental Checklist tv comply with the State Enviranmental Policy Act (SEPA), After
the SEPA/ NEPA envirvnumental review is camplefed, applicatiQns for env7ranmenta1
permi#s can be submitted to regulatory agencies, i.e., stormwater and ais qual.ity notices of
cvnstxuctivn.
~Gene~~l Cgnsiderations
Genera.I consideratians related to the entire scape of woxk;
1. `T'his scope of work is intended to meet requirernents of the Washzngton State
Depariment of TransportatiQn (WSDO'T) Loca1 Ag~ncy GuadeTines (L,AG) Manual
Seetion 24.4, for Class Il projects (DCE). The goal of thus work will be to evaluate
envirQnmentalcvneerns, determine impacts (if any), a-nd suggest design mi:tigatiQns to .
address iix.pacts. 2. It is assum+ed that aDCE will meet the requurements of 1VEPA, xesulting in a Finding of
No Sigruficant Impacts (FONSI). ~oweVer, ~f the NEPA Iead agency determines fhat an
Environmental Assessment (EA) ar an Envararmer~tal Impaet Statement (ETS) is needed,
an EA or EIS would be conduc~ed under a sepaTate scope of work.
3. There will not be any 1\TEPA r~lated fi.eld surveys eanducted vx enviranmdental
discipline reports prepared fQr t~~~ ECS vr Envi~o-nmenta1 Check1ist (see assra:mptia~s
under Task 2.2).
4. ~~l deliverables (EC5, SEPA Checklist) will be grvvided t+a k1~e City with. 2bQUnd harcl
capzes, 1 unbvund hard capy, and I electron~c file in Micra~oft WQrd 2003 format. ;
5. Pubfic natice and a publie eomment period wiII be cvndueted as standar~.~ NEPA/SEPA -
pracedure by the City. Ik is assumed that the Caty will prepaare the De#erminatiun of
_ Nonsignificanee for SEPA, and WSLIOT or FHWA wi1l p~epare fihe FONSI.
6. There are no pxans for apubiic meetsng or hearing, and if one sh4uld be irnposed by an
iraterested govexrim~ntal agency reviewing the project ar fvr any othEr reas4n, any
preparation or participation at the meeting/hearnng is out of this scope of work.
7. This scope o£ work does nat inelude env~ronmental permit aFplicatiQns or fees therevf.
2.1 Environmental CS~ssificativn Summary {EGS}
CH2M HILL will covrdinate with WSDOT and FHWA t~ ~onfi~m that a DCE is the
apprQpriate Ievel of NEFA dacumentatiQn. Upon cQnfixmativn, CH2M HTLL wxll prepare a.
draft ECS far t:i.e Park Road improvement project using the Lmcal Agency ECS farm, The
draft ECS wili be subrnitted to fhe City of Spokane Vapley far review, revised as needed,
and final docurnents submitted to the City. For budgeting purpQSes, it is anticipated that the
draft ECS will be approved withou~t furthe~ ~d~cumentatian.
Assumptions: .
+ Meeting ar cliscussian with WSDOT' FHWA will be done by phane. _
* It is assumed that the City wil1 submit ~o WS'D[3T/FHWA
,
5PK1EJ[iiIBIT_4-1_S0W_052009.D0C 4 DF 12 385766.Dl.HW
SCf]PE aF VVORIC FC}R PAR1{ RQAD, CIT1f L7F SPaitANE 4'ALLEY, NYAY 2009
Del1veT2lbl£S:
+ Participatia~ (1) meeting with WSDC7TJFHNTA and summary ~f key assues
az-nd resoIulions.
• Drafts and Final (if necessary) copies of the ECS will be pxepared and submitted to
the City.
2.2 ~~PA Checklist CH2M HILL will prepa-re a State Envi:ranmental Policy Act (5EPA) Cheeklist far tl~~ Park
P vad projeet.
Assumptions:
Surveys: There will not be any 5EPA related field surveys coraducted or envaranrnental.
discipl'me repcarts prepared fnr the SEPA Checklist.
Amr Quality~ It is assu~~d that there is iio need ta canduct aiiy air qualxty modeha~g or
prepare assQCiated reports.
Crxlturai and. HxstaricaI ~~sources: It is assu.med that a cultural resources survey will not
be needed because aIl w+~~k will be ~idiin the existing right-mf-way. Yt is u°hkely that
cultural or hi~torieal artLfacts wouid b~ ~ound widinn t-his prnject eorridar. Hawever, the
checklist will explarn that a management1policy pl~n would be faUQwed should any
discoveries be made during constructivn.
BioYogical Resourees: I.t rs assumed that there are no bialogical resources ~of concern that
might be present. The roadway is not near any wildlife h.abitat or riparian arQa th~t wauld
req,uire field surveys. This will be confirrned by reviewing Washington Sfate Fish & Wildlife
Departinenes (WSF&W's) Priariiy Habitats an:d Species List, August 2008 as part af t.he.
bioIagical assessment.
Wetland Resources: It is assumed that there is no need to canduct delineation vf wetlands
a~ to prepar~ ~~~tlands mitigation plan. This will be ve~ified by revaewing Natianal
WetIanr~ ~nventary Maps and conducting a site reconnaissance ta search for po~~ntiaT
wetl~nds on v:r near the project site, Therefore, ti.ere will be na need for aSectian 404.
perandt and a SectiQn 401 eertificatian bee~~~e no work will occur wathin wekTa~~~~ ~r wtthire
the ordinary hxgh water mark of any surface water, incTud.Yng the Spokane River.
ParkIands - SeetYQn 4(f): There is a Cii.y Park (Park Road Pocrl) located af N 906 Paxk Raad,
ac~j~acent and e~st of Park Road. It is assumed that there will be no need for a Section 4(f)
evaluation ~f this pa:rr~land 1oecause the groject will be wikhft-t the exi~ting road right-af-way
and will na-t adversely im.pact the paxk property or use.
Wat~r Resaurces: It is assu.med that fhe project wifl not need any water r~~ources permits
i.ncludir~g those for shorelines, f1~odplaxn vr hydraulic approvals because it is not located
witWn 200-feet of a state desigilated shareline, it has no wvrk within the tardinazy high.
water mark vf any surface body, and daes not Iie wiffiin a 100-year flaadplain. Also, it is
assumed fhat Iand can be acquired tv aecommadate all stormwater ~ontroY associated wifh
- tl-ie Park Road impravement praject.
SRfUEJiH1BIT.A-1_SOW 052009.a0C 5 OF 12 395766.a1.H4v
SCOAE OF WORK F[]R IPARK RQAD, !GV7Y OF 5PQ'KANE VALLEY, MAY 2009
Transporfafian. It is assumed that there is no need fQr a traf£ic stuudy.
Envirvnmental Health ~(Naise and Ha.zardvus Materials): It is assumed that th.ere is no
need far a naise stxdy, ancl that thexe are na hazardous matexials wiffiin the praject
footprint that woulci require remediatian ar c1ean-up..
~-1esthetics: It is assumed that there is no need for a visual quahty or aesthe~~s ana1ysis
becaus~ views will essentially remain the same, aview af an irnprovec~ road~vay~.
A draft SEPA Checklist will be submmtted to the C'rty oE'Spokane Valley for review, revised
as needed, ancl final SEP,A Cheekiist submitted to the City. .
I7eliverables; i7raft and Final SEP~ Checklisf
Tas'k 3s Geotechnicati Services
3.1 Field Explvratians and La'hvr~tory Testing
The work will include drilling and inspection of tesf pits and borings, and laboratory ttsting
to produce i,nformation for final geotechnical design af signal pole a:nd Iuminaire
faundations, s~~rmwater infr.ltration ponds, and pavemernt sectiorn design,
Assumptians
CH2M HTLL, 4r its authorized subconsu1tants, will obta.in right entry agreements prior ta
perfarmir►g any wor'~ ~utsid.e of the staeet ryght=af-way and a right-of-way perniit from
Spvkane Valley grior to performing work within the street xight-of-way. Propased baring
and test pit locatians will be marked and ealls to One-Cal1 fox utilities will be made. It xs
assumed that for pavement foundaticrn design, bmring and fest pit lvcafions will be located
adjaeent to existing pavement sections of 1~~rk Road and that #esting direetly beneath the
paved seetivns will nvtbe required to obtain arepresentative subgrade sampIe.
* Tt is assumed that CH2M HZLL will drall and sample four test b~ring lacatians with
drilIing favtage totali~g 60 lineal feet (1f) during the geatechr3ical work. The purpvse af
these test barings will be to establrsh the engineering prapexties of the soir at the test
baring locatians f~r the signal pole fQUndation. Equipment and labor to locate the test
b~rings, dri:~l the baxings, and restore the site upo~ ~ompletion will ~e pra~~ided..
CH2M HILL will be responsible for uti.lity checks and vehicular traffie control as needed
during drillang operations. A traffic p1an and f1aggers are nat cvnsidered necessary with
wark being cQnducted off the exisiing road.way. During the drilling program, Standard
Penetrrati~n Tests (SPT's) will be co~ducted at intervals af 5feet ar at s#aratigr~phic
changes i.n sai1. An automatic hammer may be used to canduct SPTs.
■ A backhve and aperatQr will be contractecl to excavate and backfiIl test pits far a to€al of
4days at seleeted locations, to determine soil types and ta perform percolativn tests at
the lacations of the propvsed stormwater infiltration pvnds. Test pits will be excavated,
percolatiQn measurements eollected, and pat backfilled prior to leaving eaeh day. For
planning purposes, it is assumed that CH21VI HILL wfll perforan perev~ation tests at nine
of €hirteen Iocativns. CH2M HILL will make arrangements and pay a11 eosts for -
obtaining water for the percoIatian t~sting, '
SPKlE)(HI81Y-A-1 _50W 052{f09.DOC 6 [7F 12 385766.Q1,NW
SCOPE L7F W(]RK F(7R PARK'ROAO. C6TM L7F SP4]KANE VALLEY, PAAY 2009
~ Abackhoe and aperator will be contracted to excavate and backfi.1l test pits for atotal af
two days af seIected locatioms outside of the existang paved sectiern a~ong I'ark Raad, to
deterrrine sail tvges and to abEain samples for determ.ining the subgrade prQpexties of
the raative soi1s far purpvse of pavem~~t design.
AgeQtechnical engineer oa engineering gealvgist will ~rovided during test barings and.
pit eacca~ations fo:.
* VisuaHy elassify soils and rack aecarding to A5'TII~ ~ethvds
* Reccrrd driBi:ng and pxt observataQns, ineluding bPow cQunts during SPTs an Xogs
~ ~ollect svil and rock samples for I~boratory analysis and classification
The boring and test ~it logs wilX include releva:nt observatians made by drilling crews
~~ring drnlling, D,eptths at which groundwater is encauntered also will be recorded. Test.
barings wiR be restQred to gracie to match the existing canc~itions.
Laboratoary tests will be conducted an seIected soil samples to d~~errni.ne gradatiQn and.
moisture cQntent of site soils. Far fihis scape of war1C, it is as~umed that the labaratoz-y
tes1ing program waR cansist of up to erght moistxre contents, eight sieves, and faur
AA~HT4 T 307 (Resilient modu1us) tests.
3.2 Geotechnacal Re;port
CH2M HILL will prepare ageoteclu°►i.ca1 repart, sumxnarizin~ field investigatian,
Yaboratory testing, and geotechnical recflmrnendations far the praject. The r~port wil1
present:
A A summary of field exploxation methoc1s, resulfs, and interpretafiians, includir~g test
boring and pit logs, descriptians af sail conditions, a.nd water 1eve1s encountered during
dril.Iing.
• A summary ❑f laboratory testin,g methods, data, and tabulated results,
* Geotechnica1 design reeam-mendations for stormwater infiltration ponds and sngnaT pole
faundatians and pavement design recon-Lmendations..
3.3 Geotechnical Q►'~QC'Review
~~~ity Hssurance/ Quah ty Contrral (QA / QC) reviews for the geotech.-nxcaT engineering
~
aspects of the prQject will be perfarmed.
Deliverabies; GeotechnicaI repa~rt.
Sask 4: P!1ansa Specifications, and Estimate
4.1 Pre4iminary Design Replart
Apreliminary desxgn repart will be prepared to show preIami~~ary Taya~t of the rQadway
ge~~etry annd ci~ainage facrlities. An~lysii~iU bf' p~~foY'mLd to dE~erminE' Af aGIdgtional
_ right-turn la.nes are warranted at the Mission Avenue and Broadway Avenue i:nters~ctions.
5MEXHiBiT}I-1 S[3W_D524[}9,i]OC 7 (3F 12 38575fi.01,HW
SCDAE OF W(]ftK FC3R PARfC RQilD, CITY C]F 5Pt]KANE VALLEY, MAY 2Otf9
The preliminary design report wiU aiso address street and drainage design standaxds and
other related data:
42 Roadway PIans and Profiles
P1an and prafiIe sheets will be pr~~ared. T'hese plans will include horxzvnfal and vertieal
ahgnment infarmatiQn and pTan views Qf paving 1in-uts, lim.its of crarb guttcr a:nci si~ewalk,
Toeations of driveways, ea~t/ fiIl iimits, stvrmwa tear infiltratian pands, and ❑ther edements of
rvadway constructiQn. Edge-of-pavement elevatians will be esta'blished by curb profiles
and will be based mn the roadway centerline prafile. Plan sheets will shQw structure notes.
4.3 Typical Sections Deve1opment
Roadway tYpical sectians will be develaped for Park Rvad. °The gevtechh~ucal firtdings for
the subgrade sails wiU be used, along witi traffic valume in.formatiore provided by 5pokane
Valley, to design pavement section thicknesses basecl upan AA5HTCJ Guade for Design trf
Pavement Structures, 1993. A Cancrete pavenn.ent sec'ons will be develaped far each
direction off the Broadway Avenue intersectican and trte narth-svukh directian oE the Mission
Avenue intersection. Two typieal sectimn sheefis will be deveIoped for this project.
4.4 Draanage aesign Plans
Drainage plan sheets depicting proposed storm drain system cQmponent~ includi.ng pipes,
manhhvles, and cafch basins and in3ets will be prepared. Separate detail sheets will shaw
non-star►dard drainage construction detaiZs as we1i as drainage prQfiles. LDrainage design will be perfarmed in accordance with the SgQkane Regiona1 Sformwater 11~anua1. _
4.5 Rvadway aetails
Prep~re detai1, sheets identifyying miseellanevus details not covered by stanciard p1ars.
4.6 Signing and Sfriping Plaris
Signing and siTiping plans will be prepared. These plans will delineate the laeatians of a11
pavement maa~kings including ].ane lirres, crosswalks, tum arrows, and stop bars. These
plans will also show the locations and sizes af required signing indieafing the type and.
locatian af individual signs. Signing and striping will be designed in accordance watih tihe
Ma.nual of Uniform Traffic CQnfxol Device (MU"I'CD) and standarcis adapted by Spokane
Valley~.
4.7 Traffic,111uminat~~on, and Signals
T~~ffic siganal arfd i.llumiaatian design will be gerfoxmed for two intersecfaons alang Park
Road within the praject limits as described below.
Assumptaons:
Park Poad at Mission Avenue - RemoUe the existing span=wire traffic signal and
replac~ ~t with anew mast-arm braffic signal camplete including new signal.
c~ntrollex and detection system.
Park Raad at Br~~dway Avenue - Modify the existing rriast-arm txaffic signal by
replacing the existing signal xnast-arms and traffic signal heads as needed tQ a~ign
SFMIEXFIIBIT-A•1_50W -052009.DDC 8 QF 12 385766.C11.H+N
SC(}PE DF WaRK FQR PAR}t RQA[], CITY OF SPOKANE VALLEY, MA'l 2009
the sagnal heads with the newly cansiructed lanes. No other sigan.a1 wark is
ariticipated at thzs intersectaon ~t thrs tirie. If aciditional work is required then the
IeVel of effart and associated cflst w%I1 be adjusted. Sheeirs will not be added without.
written CM approval.
CH2M HIL'L will xeview the availabTe traffic count data ancl dvcixment the capacity and.
operatianal requzrements vf the intersecti.Qns af Park Rvad and Missian Avenue and Park
Itoad and BrQadway Avenue, to identi:fy intersectian contrvl needed. This operatiQnal
review will identify intersection LC3S, delay, lane confiiguratian, signal timing, phasing, and
cycle lengtfi.. It is assumed that recent (wxthin the last 12 months) peak hour turning
rnovement traffic caunt data is avaiiable from Spakane Va11ey and can be readily abta'rned
tv perform the vpexatianal review.
CH2M HILL will prepare the signal and iliumination plans and details in accardaance with
Spokane Va]Iey guidelznes, showing proposed lacations for the new signals, luminaires,
e1ectricaT hardvrrare, and wiring diagranns.
Geotechnical investigations and signal pole fvundaiion desxgns will be canducted as
described in Task 3.
Conduits and pull boxes fvr signal i,ntercvnnectivn with other intersections will be included
in the praject desagn.
Tt i,s assumed tizat illumznation only wiU Qecur at the signalized intersections and that an
illumination study will not be required.
4.8 Specifications
CH2M HILL will prepaare speci£ications using the current W5pOT Standard Specificativns
far RQad, Bridge, and Murucipal CQnstruetian and W5DC3T 5pecialProviszons. 5tandard.
pIans will be id~ntified and assembIed far inclusiQn in the cvntract dacuments.
~odifications to the standards will be made with arnendments and special prvvisions. Ifi is assumecl fihat cvnstruetian surveymg will be included in the cantractQr's cantracted
responsibilities.
4.9 5ummary Df Quantities and Opinian of Cost
CH2M HTLL will perfarm quantity takeoffs fax a11 project elements. CH2M HILL will
prepare a summary o£ quantities plan. CH2M HILL will campile unit grices -based upa-n
WSD47T and Spmkane Cvunty unif bid analysis and will prepare an Qpa.niQn of cast.
4.10 QAIQC Review
Quality Assuararice/ Qualzty Cantral (QA1 QC) reviews will be perfarmed for the roadway
work. Prraject design criteria, geatechrucal recammendations, aand raadway geomefrics will
be reviewed ta assure Canftrrrnity with project requirements. A plans check, constructability
check, and quantities check will be compxeted on the 90 pereent rcaadway desigi-i wark.
5PI[lEXHI$1TJA-1_SOW 052009.DOC 9 C3F 12 365766.Dl.HW
SCQPE QF WORC FQR PARIC ftOAa, CITY QF SPOlSANE VAtLE1', MAY 2009
DL'1Z71eYabZeS:
Preltminary desfgn Yepart at the 30Q/o leveI of campIetian, preliminary desigrz dYawings at
the 60°lv level af compretion, and drawirtgs, speciicatians and estimates witl be szibrrtitted
cat the 90% and FinuI Ievers of com,pletian.
Tentative Sheet List - The sheet hst shawn and CHZM HILUs fee esti.mate assumes that
several af t'he plan 5heets normally required by the WSDaT P12ns Preparatian Manual will
not be requixed far this project. Ha1f-sized plans (11"x17') wiilbe bound with the cantract
documents for bidding and review. Fu11-size plans will be prepared at 1"=20' sca1e. AutaCAD
drawwings will be prepared usistg Spokarte Valley CAD standards.
TABLE 1
Tentative Sheet List ,
Qe[iverable Number of Shee#s
Titfe 5heet, {aeneral Notes and Abbreviations 5heet 2
Summary af Quanti#ies 1
Roadway Typical SectiQns 2
Roadway Plan and Profiles $
`
Drainage Plans anai Prafiles ' $ .
prainage Detail Sheets 2 -
Traffic 5ignal P1ans 3
Raadway aetail Srieets 5
Signing and 5triping PlanS 5
Task 5: Utilities SeruiGes
5.1 Utility Coordinattion
CHZM HILL, ar its authorized subcansultant, wiil eantact the utility connpanies via 1etfer
a.nd request field lacati.ons for underground uti.lities s❑ that the field suarveys can accurately
Incafie the utilities. Above-grnund utility inferrmatiQn also will be callected by fie1d surveys.
Al1 available utility iztforrnation will be evmpil,ed fln prelimrnary roadway plans.
CH2M HILL will circulate preliminaxy plans tQ affected utilities and request their relacation
plans.
CH2M HILL will caardinate the Park Road amprovements with utility agencies identifying
utility relocation wark ar►d utility improvements with affected utility companies.
Deliverabie: Prelzrninary roudway plans circulated tv a~`f'ected utilzty agencies.
SPKIF3CH1BIT_4-1_50W _052009.D0C 10 OF 12 385766.Di.HW
• SCI]PE C7F WORK FC7R PRRK RDAa, C[7Y OF SPQKANE VALLEY, MAY 2409
Task 6: Right-Qf-Way Coardrnatign and Rlan
The existing raght-c~~-w~y will be identified under Task I and t.ie exteng of additimnal raght-
of-way required fcr the project will be idenbified under 7'ask 4. UntiT vv ork under these two
taskS has been performed, the level of effQrt xequ.ired far right-of-way acquisitian aeavzties
canriot be defined. Tn ad~~tion, Federal funding requirements preclude performance and
reimbursem~~~ ~f any right-of-way acquisitiare activities until project env~~onmenta1
dacumentativ~ an~ ~~rmxi•ring has been completed and aFPraved. As such, the'Task 6,
Right-of-Way Caordination and Plan sco~pe af work, level of effort, and associated fee will
be ineorporated intm this Agreeme~t at a later d,afe by Supplementa.1 Agreement.
Task 7: Public fnvolvement Coardinativn
7~1 Public l''nformation Meeting
Al-I publac involvement and ccrmnr~~~ity autreaeh activities will be coordinated with
- Spokane Valley,.
G~2M HILL will prepare for and eoQrdinake one public anforma~~n meeting. The publie.
meeti:ng wiU be an'°C]p~~ House" style meeting to answer questions. LTp to two
representatives from CH2M HILL wafl aftencl, the meeiing and be available tv a-nswer
questions from the pub1:ic. C~~~ ~ILL will be responsible for prepari~g the prQjec:t fact
sheet arbd dispXays. It is antieipated that a colored version af the d.esign lin.e work,
averlaying a eoiored aeria1 phQtograph will be used at the public meeting.
CH2M HILL will prepa~~ a Pub]ac Notiee and will cooxd.inate with a mabli:ng service
eompany ta distribute the notifieation. SFokane Valley will pa~ for the mai1ing.
Th.a~ ta~k does not inelude preparing project newsIet-ters Qr makxng presentations to public
officials, propezly owners, and businesses.
Deliverables: Prepare meeting displays and handorits, prepare pxtbIie notice, attend pziblic
meeting
Task 8: ~id~ing Assistance
8.1 Bid Documents Preparatuon
CH2M HIT~L wiH print and distribute up to 54 of bid dacuments after ~~okane Valley
and WsI]C3T apprvval. ~id dacuments will be sent ta appraximately seven loca1 plan.
centers.
8.2 Adverti~~ment far Bids
CH2M HILL will assist S~okane Valley with adv~rtisennent fax bids (Spnkane Valley will
place the advertisement)..
8.3 Response to Bcdder Questions and 7ssue Addenda ~~2 M HILL will answer bidd.er's questioms and issue addenda (up tn two), CH2N1 HILL
will not be required to atter~d the bid Qpering (5pokane Valley will coraduet bid opening).
SpK/EXHIaIr-a•1-sow o52aos.oac 11 aF 12 385766.DI.Hw
SCOPE OF Wi7RK FOR PARi ROAD, GITY 0F SP4ILAPIE VALLEIf, Ml1Y 2009
8.4 Bid 7a'bulativn, Evaluatian, and Gontract Award Reconnmendation
CH21M ~ILL wiU prepare bid tabralation, eva.luate law bidder's qualifications, and make a.
recamrnenclation far e~~tract award to 5pokane Val1ey staff and the City Council.
Deliverables: 50 sets o, f bid documents, addenda, and bid tabulataan
Tas'k 9: Project Management and Agency Conrdinatinn
Provide Qverall praject management and caardinativn with Spvkane VaI1ey, A tatal time of
six months is assurnlecl ta be tne duration for this work.
9.1 Ouera11 Project Mana~ement Services
Pravide overall project management services including;
• I'rafect insfructivns annd wark plan
* 5taff anci subc~~suxtant management.
• Qua~ity management p1an
+ Corbtra~ budgef and schedule
• Bi-weekly progress reports via ernai1.
• Monthly grQgress reparts and invaices (T'he progress repart/ invoice wil:I identify the
work perfQrmed f~r that period, major decisions, schedule, and budget status.
I7elivera bies: Project instr2i ctxons and work pIan, qzia lity managem ent pran, pragress
reparts and znvnices
9.2 Agency Caordinativn -
PrQVide overall agency cc~~rdinativn ia►eludin,g:
■ One coordinafion meeting per montih (two CH2IVI HILL staff present)
IJetiverabtes: Coord~natian meeting minutes
4.0 Project Delivery 5Chedu1e
~CH2NI HILL w'll c~mplete milestone work no later than the fallmwing sched.ule;
TABLE 2
Praject DeGvery Schedule
Deliverab1e ae1iVery Date
Draft PS&E September 2009
Open Hause fVleefing bVavember 2009
lssue Fina1 Bid Package February 2010
. ' i
SPIVE7CH181T}I-1_5C1W_052009.D0C 12 0F 12 385766.C11.HW
~~ty of Spokane Va1ley
Exhib%t E-1
-'°*an'c`x'a°f"
~c~a~~ra~r~~v r~~ r
CH2M FiILL ~
Emplvyee or Catego - ,
rY Elrs. x Ra#e Cvst
I Senior Prvject Manager 521 $ 53.20 $ 27,717.20
2 Seninr QC Reviewer 38 $ 56.65 $ 2,152.70
3 Senior Geotechnical ~QC Reviewer 4 $ 64.21 $ 256.84
4 Serrior Engineering Gevlogist 8 $ 57.99 $ 463.92
5'Environmental PerrneftEng ipQCiafist 44 $ 55.31 $ 2,433,64
6 Project Engineer - Drainage Design 24 $ 49.74 $ 1,193.76 7Proj:ect Engineer - Signal Design 100 $ 4$.54 $ 4,854.00
$ Project Engineer - RQadway Design 309 $ 46.17 $ 14,266.53
9 Geolagist 124 $ 34.75 $ 4,309.00
10 Assvciate Engineer - 5ignal Design 156 $ 27.89 $ 4,350.84
11 Staff Engineer - l.Jfiilities! ❑rainage 168 $ 27.89 $ 4,685.52
12 Staf# nesignerlCAD Zechrrician 448 $ 30.65 $ 13,731.20
13 project Accountant 32 $ 20.50 $ E56.00
14 OfficelAdmin. 164 $ 17.01 $ 2,789.64
Tatal Nrs. 2140 $ 83,860.78
Direct Salary Cvst $ 83,860.79
Direct Salary Esca[ation Cast (estirnated)
2009 to 2010 4% $ 3,354.43
Tvtal Direct SaIary Cast $ 87,215,22
averhead Cost @ 140_27°/a of Direct Labor $ 122,336.79
Net Fee ~a 12.0°Ia afi ❑SC + OIH $ 25,146.24
'6vtal CDverheati & Net Fee Cast $ 147,483.03
Total Direct Salary Cost $ 234,698.25
Direct Expenses
Reproductian Cost No. Each Cvst
Reparts 15,060 $4.05 $ 753.00
Misc. cvpies 510 $0.05 $ 25.50
Repragraphics 87 $10 $ 870.00
MaillDeliveriesletc. 47 $15 $ 705,00
Milea,ge 920 Mi. [,.7a $0,505 IMile $ 464.60
Auto RentallGasaline - days C@ $50 Iday $ -
Ladging - days Ca) $83 fday $ -
Travei Tatal (airFare, train, etc) 50 $ _
Equipment Ren#a1s, EDM, GPS - $0 $ -
PerDiem - days @ $49 Iday $ -
Miscellaneous Expenses 350 $1 $ 350.00
Direct Expenses 5ub#vtaf $3,168.10
Subcantracts
Benthin & Associates $ 29,700.00
5ki91Engs-Cvnnalfyr $ _ .
Budinger & Associates $ 19,942.00
Subcorntracts Subtotal $ 49,642.00 -
Subcontract Management (4%) $ 1,985.68 -
, Subtotal $ 289,494.03
Cantingency Fund (1061a) $ 28,949.40
Tota1 $ 37 8,443.44