2009, 05-19 Study Session
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AGENDA
CITY OF SPOKANE VALLEY
CITY COUNCIL WORKSHEET
STUDY SESSION
Tuesday, May 19a 2009 6:00 p.m.
CITY HALL COUNCIL CHAMBERS
11707 East Sprague Avenue, First Floor
(Please Silence Your Cell Phones During the Meeting)
DISCUSSI0N LEADER SUBJECT/ACTWITY GOAL
ACTION ITEi MS:
1. Neil Kersten Sprague Aveaue ResurFacing Phase ] 1Vlotion Consideration
Bid Award [public comment]
2. Neil Kersten McAonald and Evergreen PCCP Intersections Mofivn Consideration
Bid Award [public comment]
3. Mike Stone Splashdowm Agreement [public comment] Motioa Consideration
4. Mike Stone Sullivan Park Dance Hall Lease Motion Consideration
[Pvbtic comment]
M
RECTULAR SfiIIDY SESSION ITEMS:
S. Mike Adolfae/Arlene Patton Regianal Affordable Housing Information/Presentatioa
Task Force Iteport
6. Scott Kuhta Sprague and Appleway Gorridors Subarea Plan Deliberation/Discussion
7. Neil Kersten Winter Snow Removal DiscusSianllnfonnation
8. Itathy► McClung American Recovery and Reinvestmertt Ac1 Discussion/Information
Strengtliening Comraunities Fund
9. Mayor Munson Advance Ageada Discussion/Information
10. Information Only: (will not be reported ar discussed)
a. I'errreitting ActiLity Repnj•t b. G'able Fi•anchise Updute c.14'E Wa. Flousing Solutions AppAintment
11. Councilctlembers Council External CommiriEe Reports Discussion/Irformation
12. MayorMunson Council Check in Discussian/Information
13. Dave Mercier City Manager Comments Discussioa/Information
AD.IOURN
11'ote: Ualess otherv►ise noted gbove, there will be no public cammenls at Council Study Sessions. However, C,ouncil always reservcs the rig6t to
request information from the pnbtic and stARAS appropriate. Durin$ meetings held by lhe Cic,F of Spokane VAlley Cauncil, the Cuuncit reserves the
righk to taJ:e "actian" on any item listed or subsequently udded to the agenda. 'fhe tecm "action" means to deliberate, discuss, review°, r,onsider, evaluate.
or maka a callective positive ar re,~ative dacision.
NATICE. [nttividuals planning to attend the mretang wfia require specit;ll assistance to necAmmvdata physical, hewring or other impairments, please conmst the City C1etk- at
(309) 931-1000 os soon a.s pmiblc so that arrsngements may be niade.
Study Sessian Agenda, May+ 19, 2009 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing
❑ informafion ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Bid Award - Sprague Avenue Resurfacing -
University to Evergreen Project (#0110)
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Adopted 2009-2014 Six Year TIP on June 24, 2008,
Resolution #08-014; Information Memos on Federal Stimulus Projects at December 16`h Meeting
and SRTC prioritization list in January 13t' Council Packet; Public Hearing and adoption on January
27, 2009 of the Amended 2009 TIP; Info RCA in Council's April 8, 2009 packets regarding
Amendment #2 - 2009 TIP.
BACKGROUND: The City of Spokane Valley received $2.89 million in federal transportation
grant funds from the American Recovery and Reinvestment Act (ARRA) for the Sprague Ave
Resurfacing - University to Evergreen Project.
The contract documents were prepared under a design contract with Taylor Engineering. The
project was advertised for bids on April 17th. The scheduled bid opening date is Friday, May g`n
Staff will provide tabulated results of the public bid opening at the May 12 Council meeting.
OPTIONS: 1) Award contract to lowest responsible bidder; 2) Provide additional direction to staff
RECOMMENDED ACTION OR MOTION: Move to award the Sprague Ave Resurfacing -
University to Evergreen Project contract to the lowest responsible bidder.
BUDGETIFINANCIAL IMPACTS: The construction phase of this project is 100% fully ARRA grant
funded up to $2.89 million.
STAFF CONTACT: Steve M. Worley, PE - Senior Capital Projects Engineer
Neil Kersten, AIA - Public Works Director
ATTACHMENTS: (Bid tabulation to be provided at Council meeting.)
CITY OF SPOKAN E VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: MOTION CONSIDERATION: Bid Award - Sprague / Evergreen &
McDonald PCCP Intersections Project (CIP #0102 8#0104)
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Informational Memo regarding SRTC Call for Projects
utilizing Federal Transit Authority (FTA) 5307 grant funds, February 6, 2007; Study Session
reviewing proposed list of projects, February 20, 2007; Approval of list of project applications,
February 27, 2007; Information on STA grant agreements, December 2, 2008 Council Packets;
December 9, 2008 Approval of STA Cooperative Agreements; February 10, 2009 Info RCA on
upcoming Public Works Project Council Action.
BACKGROUND: The City of Spokane Va11ey received funding from the Spokane Transit
Authority (STA) to cover 79.5% of the cost for replacing the following intersections this year with
Portland Cement Concrete (PCC).
• Sprague Avenue and Pines Road
• Sprague Avenue and Evergreen Road
• Sprague Avenue and McDonald Road
The Spokane Transit Autho(ty (STA) combined funding for these three intersections. The total
grant amount for all three projects is $2,944,000.
The Sprague/Pines concrete intersection project was bid separately and started construction on
May 11 th.
The SpraguelEvergreen and Sprague/McDonald Concrete Intersection Projects were advertised on
April 24th and bids are scheduled to be opened on Friday, May 15th. Staff will provide tabulated
results of the public bid opening at the May 19th Council meeting.
OPTIONS: 1) Award the project to the (owest responsive bidder, or 2) provide additional
direction to staff.
RECOMMENDED ACTION OR MOTION: Move to award the Sprague / Evergreen & McDonald
PCCP lntersections Project to the lowest responsible bidder.
BUDGET/FINANCIAL IMPACTS: There are sufficient resources within the 2009 Street Capital
Projects Fund #303 budget to cover the estimated $400,000 in local matching funds for these
projects.
STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer
Neil Kersten, Public Works Director
CITY OF SPOKANE VALLEY
Request for Councii Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Splashdown 2009 Contract
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Six-month contract extension approved in 2008.
BACKGROUND: The City has proposed to simptify the process by asking for an annual
lump sum lease payment generally based upon payments from the past five years,
rather than percentages based upon various revenue streams. Splashdown is in
agreement with the proposed contract.
Contract Hiqhliqhts:
-Contract term is a ten-year contract with two five-year renewal options.
-Contract provides parking for Splashdown in Valley Mission parking lot.
-City assumes maintenance responsibility of the south parking lot. Both Splashdown
and Valley Mission park guests will use this Iot as well for overflow parking.
-Lease payment will be an annual lump sum, beginning at $40,000, payable in three
equal payments that increases every finro years for the first six years of the contract,
topping out at $46,000 per year for the ten-year term.
-Lessee continues to pay for all operating expenses and fees.
-Remainder of agreement is similar to previous agreement.
OPTIONS: Approve Splashdown contract OR Provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to approve Splash-Down Concessions,
Inc. Agreement and authorize the City Manager or designee to execute said agreement.
BUDGETIFINANCIAL IMPACTS: Revenue to City.
STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation
ATTACHMENTS: Contract and Insurance Certificate
DRAf'T
SPLASH-DOWN CONCESSIONS, INC. AGREEMENT
THIS AGREEMENT, made and entered into this day of May, 2009, by and
between City of Spokane Valley, a municipality of the State of Washington, having offices for
the traasaction of business at 11707 East Sprague Avenue, Suite 106; Spokane Valley,
Washington, 99206, hereinafter referred to as the "CITY," and Splash-Down Concessions, Iac.
having offices for the transaction of business at 2922 South Manito Boulevard, Spokane,
Washington, 99203, hereinafter referred to as the "LESSEE," jointly, hereinafter referred to
along with the CITY as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 35A.11.420, a city may lease or sell a.ny
pazk property, buildings or facilities surplus to its needs, or no longer suitable for park purposes;
and
WHEREAS, City of Spokane Valley is the owner of Valley Mission Pazk, located at
11423 East Mission, Spokane Valley, Washington, which the City acquired from Spokane
County upon incorporation of the City in 2003; and
WHEREAS, a certain portion of Valley Mission Park was declared surplus to the present
and foreseeable need of Spokaue County by the Board of County Commissioners of Spokane
County pursuani to Resolution No. 82-0350; and
WHEItEAS, pursuant to Resolution No. 82-0494, the Board of County Commissioners
authorized execution of a VVater Slide Agreement Nvith Splash-Down Concessions, Inc. pursuant
to which Splash-Down Concession leased a poi-tion of Valley Mission Park for a period of ten
(10) years to construct and operate a water slide; and
WHEREAS, pursuant to Resolution No. 92-1018a the Board of County Commissioners
authorized execution of another Water Slide Agreement with Splash-Down Concessions, Inc.
purstiant to which Splash-Down Concessions leased a portion of Va11ey Mission Park for a
subsequent term of ten (10) years to operate a water slide, with such lease terminating July 25,
2002; and
WHEREAS, The parties executed a replacement Agreemeat in 2002, for a period of five
(5) years and said Agreement was conveyed to the City of Spokane Valley and subsequendy the
2002 Agreement terminated by its terms on July 30, 2007.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the PARTIES hereto do mutually agree as follows:
Seetion 1. Subiect And Puruose - fihe CITY leases to LESSEE, subject to the terms and
conditions herein contained, certain real property in Valley Mission Pazk located at 11423 East
Mission, Spokane Valley, Washington, and more particularly described as follows:
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That gortion of Blocks 72, 75, 76 lying South of State Highway and Blocks 78, 79, 81
and 82 all in Pinecroft First Addition according to plat hereof recorded in Book "M" of Plats,
Page 35, Spokane County, Washington. Together with that portion of vacated Johnson Street
adjoining said Blocks.
Except the West 110 feet of said Blocks 72, 75, 78 and 81; also, except the East 346.7
feet of said Blocks 76, 79 and 82; also ercept that portion of said Block 82 and vacated Johnson
Street inCluded within the existing terulis courts.
Containing 2.56 acres more or less.
Hereinafter referred to as the "Premises" for the purpose of constructing and operating
only a water slide or slides and related landscaping uses. The LESSEE is granted a concession
right to sell food, soft drinks, active wear and souven.irs on the premises consistent with
operation of the water slide.
The Lease Agreement for Parki.ng Lot, executed August 7, 2001 between Spokane
County and LESSEE, Spokane County Resolution nLUnber 01-0739, expired on July 25, 2007=
and was not renewed.
LESSEE and its clients are permitted to use the paved parking lots immediately adjacent
to Missioa Road (north and south) for purposes directly related to the operation and normal use
of the waterpark, subject to all conditions set forth in the Spokane Valley Municipal Code. The
City reserves the right to designafie spaces for specific uses which may place limitations on use
by Splashdown. LESSFE is not permitted to drive outside of the parking lot area, such as on the
grass or sidewalks, without specific -ATitten permission from the Parks Director.
Seetion 2. Term - The initial term of this Ageement shall be for ten (10) years commencing on
May 1, 2009, and terminating on Apri130, 2019. This Agreement shall have two additiona] five
year option periods, each of which may be renewed at the mutual option of the Parties.
Provided, however, the renewal shall be subject to all provisions set forth herein. LESSEE shall
indicate its intent to renew this Agreeinent by giving the C1TY ai least six (6) months written
notice prior to the end of the initial term.
Section 3. Construction of Slide.
A. LESSEE, at its sole expense, shall opcrate aad nlaintain upon the Premises a water
slide or slides, togetUer with appropriate fencingr support structures, landscaping, splash pool,
and all related facilities and equipment. No change or modification of the plans and
specifications submitted by LESSEE to the CITY and incorporated herein by reference shall be
made unless first approved by the CITY. If at any time during the life of this Agreement the
LESSEE fails to use the Prem.ises for the purpose of construction and operatinn of a water slide
or slides, without first obtaining permission in writing from the CITY, this Agreement may at the
CITY'S option, be terminated.
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B. If LESSEE desires to add additional flumes, apparatus or other recreational items or
facilities other than those originally proposed, LESSEE shall first obtain written perniission for
the CITY at least ninety (90) days prior to the start of coristruction, and obtain all necessary
pennits related thereto.
Section 4. Operation of Slide.
A. During the term of this Agreement the LESSEE shall initiate, contract for and obtain
in its own name and fully and promptly pay for all water, gas, sewer (except as set forth in
Section 11),
B. During the term of this Agreement, the LESSEE shall be responsible for refuse,
electricity, heat, lights, power, telephone service, and all other public utilities of every kind
furnished to the Premises throughout the term hereof, and all other costs and expenses of every
kind whatsoever or in connection with the use, operation and maintenance of the Premises and
all activities conducted thereon, and the CITY shall have no responsibility of any kind
whafisoever for any thereof.
C. LESSEE shall operate the slide for public use during such months and hours as it
deems praper; provided, however, that hours of operation sha11 comply with all provisions as set
for in Section 28 (Land Use Action) of this Agreement, such hours of operation which may be
imposed in coajunction with any subsequent land use action, if any, or Spokane Valley
Municipal Code provisions, xvhich may be adopted, whichever is most restrictive.
D. Any signage must comply with currenily adopted City Code provisions.
E. LESSEE shall not discrimina#e against any employee or applicani for employment, or
patron on the grounds of race, color, sex, national originz creed, marital status, age or presence of
any sensory, mental or physical handicap or the use of a trained guide dog or service dog by a
disabled pzrson.
Section 5. Fee.
A. The LESSEE shall pay to the CITY for the initial and renewal terms of this
Agreement, a lump sum lease payment as described: $40,000 annually for the first tvvo (2) years;
$43,000 an.nually for the next two (2) years; aad $46,000 annually for the remaining six (6) years
of the first tenn. At the end of the first ten (10) year term, these payments will be reviewed and
adjusted accordingly by consent of both parties.
B. The yeazly Iease payment shall be paid in three equal installments, with the first due
ta the City on July 5, the second on Augusi 5, and the third on September S of each season.
Section 6. Slide Ownershio - It is understood that the water slide is a proprietary product of
the LESSEE. The CITY obtains no interest therein as a part of this Agreement and may not use
any of its specific plans, structures or components without the express consent of LESSEE
except as provided hereinafter.
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Section 7. Ownership of Improvements - All iniprovements and equipment placed on the
Premises by LESSEE shall be and remain the property of LESSEE, and the CITY shall have no
interest therein except as provided hereinafter.
Section 8. Termination - In addition to all otlier rights and remedies, which the PARTIES may
have herein or at law, the PARTIES may ternunate this Agreement as follows:
By LESSEE:
This Agreement may be tenninated by the LESSEE upon thirty (30) days written notice
to the CITY upon the happening of any one of the followi.ng events:
1. The default of Spokane Valley in the performance of any terms, conditions or
covenants herein required to be performed by the CITY and the failure of the CITY to remedy
such default within a period of thirty (30) days after the receipt from the LESSEE of written
natice to reniedy the sanie; provided, however, that no notice of termination as herein provided
shall be of any force or effecl if the CITY shall have remedied the default prior to the expiration
of such 30-day period, or if the nature of such default is such that a period in excess of thirty (30)
days is necessary in order for the CITY to cure the defaull and shall diligently continue its efforts
to correct such default. In such event, the CITY shall have such time as is reasonably required to
cure the default.
By CITY:
This Agreement may be terminated by Spokane Valley upon thirty (30) days written
notice to the LESSEE upon the happening of any of the following areas:
1. The failure of the LESSEE to make any payments of money as required
hereunder after receiving ten (10) days vvririen notice of its failure to pay such money.
2. Abaudonment of the Prem.ises by the LESSEE and/or the continuancc of
unauthorized conduct and operation of dhe business required hereunder for a period of five (5)
consecutive days. Failtare to operate the business as authorized herein would be considered
abandonment. Provided, however, that the CITY understands and agrees that LESSEE' S
operation is seasonal and closing the Prernises for tbe season or interruptions in the operation of
the water slide due to weather conditions or repairs shall not constitute an abandonment of the
Premises.
3. The default of LESSEE in the performance of any terms, conditions or
covenants herein requ.ired to be performed by the LESSEE and the failure of the LESSEE to
remedy such default in a period of thirty (30) days after receipt of written notice to remedy the
same. Provided, however, that no notice of termination as herein provided shall be of any force
or effect if LESSEE shall have remedied the default to the sole satisfaction of the CITY prior to
the expiration of such thirty (30) days is necessary in order for LESSEE to cure such default, and
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LESSEE shall have commenced to cure the default and shall diligenfily continue its efforts to
correct such default. In such event, LESSEE sha11 have such tune as is xeasonably required to
cure the default.
Secdon 9. Removal of Improvements.
A. In the event of tennination of the lease under Section 8 as provided herein, the
PARTIES shall have their remedies according to law and in addition shall have the following
remedies:
By LESSEE: In the event of termination by LESSEE, and except as provided
herein, LESSEE shall have the right to remove the water slide, removable supporting structwes,
buildings and other improvements placed upon the Premises by LESSEE at any time within 120
days after such termination. LESSEE shall restore the Premises to its original condition during
the same time frame auowed for removal of the structure.
By CITY: In the event of termination by Spokane Valley as provided herein or at
the end of the term of this Agreement~ the CITY shall have the rigllt for a period of ninety (90)
days after ternaination to purchase the water slide, support structures, buildings and other
improvernents from the LESSEE at a price to be mutually agreed upon. In the event the CITY
shall not exercise its right to purchase the tvater slide, support structures, buildings and other
improvements withi.n the ninety (90) day perivd, the LESSEE shall remove the same within 120
days after the expiration of such period and restore the Premises to its origi.nal condition duri.ng
the same ti.me frame.
B. In tbe event of a ternunation for any reason provided for herein, and thc LESSEE
does not remove the water slide, supporting structures, building and other improvements placed
upon tbe Premises by the LESSEE within the tune frames set fnrth herein, the CITY may at its
option, (1) on the payment of one dollar I.00) take title to said property; or (2) dismantle,
remove and store such property at a location convenient to the CITY and chazge to the LESSEE
a fee far dismantling, remaving, transporting and storing said property.
Section 10. Waste and Nuisance Prohibited - During the term of this Agreement, LESSEE shall
coniply with all applicable laws affecting the Premises, the breach of which might result in any
penalry on the CITY or forfeiture of the CITY'S ticle to the Premises. LESSEE shall not commit,
or suffer to be committed any waste or nuisance on the Premises.
Seetion 11. Sewers.
1'he Parties agree to the following aUocation of costs with regard to sewer:
A. Sewer Capital Facilities Rate: LESSEE shall be responsible for paying all Sewer
~ Capital Facilities Rate charges (i.e. ERU's) allocable to LESSEE'S use of the Premises.
B. LESSEE sha.ll pay all construction costs incurred to connect new service, inerease
service due to expansion of the water slide facilities, and to maintain sewer service.
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LESSEE shall, at their expense, install a.n add.itional water meter(s) to measure the flow
of water entering the sewered portion of the Premises.
C. LESSEE shall re-pay the City all amounts previously owed for General Facilities
Charges (GFC), $5,818.75, prior to July 30, 2010.
D. LESSEE shall hook up to sewer when required by Spokane County, or when the
City, as the owner of the property, is nofiified by Spokane County that hookup is required.
E. LESSEE shall pay aU monthly sewer charges allocable to LESSEE'S use of the
Premises.
Section 12. Notices.
A. All notices, demands, or other writings in this Agreement provided to be given or
made or sent or which may be given, or made or sent by eiiher Party hereto to the other, shall be
deemed fio have been fully given or made or sent when made in urriting and deposited in the
United States mail, certified, postage pre-paid and return receipt requested, and addressed as
follows:
To CITY: City of Spokane Valley, Attn: City Manager
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
To LESSEE: Splash-Down Concessions, Inc.
2922 South Manito Boulevard
Spokane, Washington 99203
B. The address to which any notice, demand or a.uy other writing may be given or made
or sent tn any Party as above pruvided may be changed by writtea ilotice given by such Party as
above provided.
Section 13. Insurance. The LESSEE shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or daraage to propel-t}+ which may
arise from or in connection with the LESSEE's operation and use of the leased Preznises.
No Limitation. LESSEE's maintenance of insurance as required by the agreement shaU not be
construed to limit the liability of the LESSEE to the coverage provided by such instvance, or
otherwise limit the CTTY's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance
Lessee shall obtain insuraace of the types described below:
1. Commercial General Liabilitv insurance shaJl be wrritten on lnsurance
Services Office (ISO) occurrence form CG 00 01 and shall cover premises and
contractual liability. The CITY shall be named as an insured on LESSEE's
Commercial General Liability insurance policy using ISO Additional Insured-
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Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement
providing equivalent coverage.
2. Propertv insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance
LESSEE shall maintain the following insurance limits:
1. Commercial General Liabilitv insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
2. Property insurance shall be written covering the fitll value of LESSEE's
property and improvements for their full replacement value with no
coinsurance provisions.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the followi.ng provisions for
Commercial General Liability instuance:
1. The LESSEE's inswance coverage sha.tl be prunary insurance as respect the
City. Any insurance, self-insurance, or insurance pool coverage maintaiiled
by the CITY shall be excess of the LESSEE's insurance and sha11 not
contribute to it.
2. The LESSEE's insurance shall be endorsed to state that coverage shall not be
Gancelled by either party, except after thirty (30) days prior written notice by
certified mail, retum receipt requested, has been given to the CTTY.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
LESSEE shall furnisb the CITY with origi.nal certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the LESSEE.
SectioD 14. Indemnification and Hold Harmless. LESSEE shall defend, indemnify, and hold
harmless the CITY, its officers, officials, employees and volunteers from and against any and all
claims= suits, actions, or liabilities for injury or death of aay person, or for loss or damage to
property, which arises out of LESSEE's use of Premises, or from the conduct of LESSEE's
business, or from any activity, work or thing done, permitted, or suffered by LESSEE in or
about the Premises, except only such injury or damage as shall have been occasioned by the sole
negligence of the CIfiY.
Seetion 15. Attornev's Fees - If any action at law or in equity shall be brought to enforce the
provisions of this lease or to enforce or interpret any of the covenants, terms, or conditions of
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this lease, or for the recavery of the possession of the Premises, each Party shall pay all of their
own attomey's fees.
Section 16. Revairs.
A. LESSEE sha11, throughout the term of this Agreement, at its own cost, and without
any expense to the CI'I`Y, keep and niai.ntain the Premises, inGluding ALL buildings and
improvements of every kind which may be a part thereof, and all appurtenances thereto,
including sidewalks adjacent thereto, in good, sanitary and neat order, condition and repair. The
CITY shall not be obligated io make any repairs, replacements, or renewals of any kind, nature,
or description, whatsoever to the Premises, or any buildings or improvements thEreon.
B. The LESSEE shall control all rodents and other pcsts that may be on or in the
Premises during the ierrn of this Agreement.
C. The LESSEE shall provide trash and garbage receptacles and have refiise removed
from the Premises on a regular basis.
D. The LESSEE shall remain in compliance w-ith all applicable laws and regularions
promulgated or enforced by Spokane Regional Health Department.
Section 17. Insolveney or 8ankruptcv - If LESSEE becomes insolvent, voluntarily or
involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the
business of the LESSEE, then the CITY may terminate this Agreement.
Seetion 18. LESSEE'S Emplovees - LESSEE shall conduct a backgrou.nd check on all
employees working at the water slide or any concessions operated on tile Premises. LESSEE
shaU ensure that each employee presents a neat and clean appearance in person and in dress
while on duty on the Premises. The LESSEE shall take i.mmediate remedial action, which shall
include termination in the event auiy of LESSEE'S employees conduct themselves in an imprnper
or inappropriate manner while on duty.
Section 19. Liens - LESSEE shall keep th,e Premises free and clear from all mechanics' and
materialmens' and other liens from work or labor done, services performed, materials,
appliances, teams or power contributed, used or furnished or to be used in or about the Premises
for or in connection vvith any operations of LESSEE, or any alteradoa, improvement, repairs, or
additions wluch the LESSEE may make or permit or cause to be made, or any work or
construction by, for, or pennitted by LESSEE on or about the Premises.
Section 20. Compliance with Leasehold Excise Tax.
A. LESSEE hereby acknowledges that to the extent this Agreement is subject to the
"leasehold excise tax" as set forth by RCW 82.29A as now or hereulafter ameilded, the same
sha11 promptly be paid by the LESSEE, in additian to the fees set forth in Section 5 of this
Agreement.
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B. LESSEE agrees to prornptly pay when due all taxes, rates, charges and assessments,
special or otherwise and public Ghazges of every kind aad nature wluch may be lawfully imposed
or assessed in any way on the LESSEE with reference to the Premises. The LESSEE further
agrees to pay promptly when due all taxes imposed on LESSEE as a result of ihe services
provided upon the Premises, including but not limited to, all sales, business, occupancy and use
taxes.
C. LESSEE shaU also comply with and abide by a11 federal, state, county, municipal and
other govemmental statutes, ordinancesa laws and regulations affecting the Premises, the
constrvction, operation and maintenance of the water slide thereon, the improvements thereon, or
any activity conducted on or in such Premises.
Section 21. Non-Liabilitv of CITY - TbefL Burp-larv or Vandalism - The CITY shall not be
liable in any maaner for any loss, injury or damage incurred by the LESSEE from any acts of
theft, burglary, or vandalistn. The LESSEE shall be responsible for providing all expenditures
relating to any security precauiion that LESSEE deems necessary for the safety of the personnel,
guests, employees, patrons, or users of the premises, or property of I.ESSEE located on the
Premises. The LESSEE shall implement security measures sufficient to secure the Premises
after hours and prevent unauthorized use.
Section 22. Relationshiu of the PEIRTIES.
A. The PARTIES intend that an independent LESSEE relationship will be created by
this Agreement. The CIT'Y is interested in only the results to be achieved, and the conduct and
control of the services will lie solely with the LESSEE. The LESSEE will be solely and entirely
responsible for its acts and the acts of its agents, employees, servants, sub-lessee or otherwise
during the perfornLance of this Agreement.
B. In the performance of the services herein contemplated, the LESSEE is an
indegendeat Contractor with the authority to control and direct the performance of the details of
the work and provisions of the services, the CITY being interested only in the results obtained.
However, the sensices contemplated herein rnust meet tlie approval of the CITY and shall be
subject to the CITY'S general right of inspection and supervision for the purpose of deterniining
whether the services are being performed in accordance with the specifications set forlh herein.
C. No agency, employment or partnership is created by this Agreement. LESSEE'S
business is separate and apart from that conducted by the CITY. Neither Party will have
authority to act for the other in any obligations or expenses whatsoever of the other Party.
Sectioa 23. Venue Stipulation - This Agreement has been and shall be construed as having been
made and delivered within the Staie of Washington and it is mutually understood and agreed by
each party hereto that this Agreement shall be governed by the laws of the State of VVashington,
both as to interpretation and performance. Any action at law, suit in equity, or judicial
proceeding for the enforcement of this Agreement or any provision hereof shall be instituted and
mai.ntained only in any of the Courts of competent jurisdiction in Spokane County, Wasliington.
Splashdown Water Slide Agreement Page 9 of 11
DRAF'T
Sectioa 24. Assi~.mment - Each Party to this Agreement binds themselves, their partners,
successors, executors, administraiors, aad assigns to the other Party of this Agreement and to the
Party's successors; executors, administrators and assigns of each other Party with respect to all
terms, conditions and covenants set forth herein. The LESSEE may not assign, firansfer in whole
or in part its interest in this Agreement witliout tlie same being first authorized by resolutioil or
motion of the City Council. A decision by the City Council to provide consent or denial shall be
communicated to the LESSEE within a rzasonable time frame not to exceed thirty (30) calendar
days of written request. The City Council's decision shall be made considering, among other
factors, the financial stability, experience in operating/owning water slides and related
recreational facilities, aad ability to meet conditions within this Agreement. In the event of an
assignment, the assignee shall assume all liability of the assignor. Any unauthorized voluntary
assignmeni or sub-lease shall be void, and shall terrriinate this lease at the CITY'S option.
Section 25. Waiver - No officer, employee, or agent of the CITY lias the power, right or
authority to waive any of the conditions or provisions of this Agreement. The waiver of any
breach of this Agreement shall not be hcld to be a waiver of any other or subsequent breach. All
remedies afforded in this Ageement or at law shall be taken and construed as cumulative, that is,
in addition fio every other remedy provided herein or by law. The failure of the CITY to cnforce
at any tune any of the provisions of this Agreement or to require at any time performance by the
LESSEE of any of the provisions hereof, shall be in no way construed to be a waiver of such
provisions, nor any way affect the validity of this Agreement or any part hereof or the right of
the CITY to thereafter enforce each and every such provision.
Seetion 26. Modification - There shall be no modification of this Agreement, except in writing,
executed with tlie same formalities of this present instrument.
Section 27. Severabilitv.
A. It is understoad and agreed by the PARTIES that if any part, tcrm nr provision of this
Agreement is held by the Court to be illegal, the validity of the remaining portions or provisions
shall not be affected, and the rights and obligations of the PARTIES shall be construed and
enforced as if this Agreement did not contain a particular pai-t, term ar provision held to be
invalid.
B. If it should appear that any part, term or provision hereof is in conflict with any
statutory provisions of Washi.ngton, then the part, term, or provision hereof which may conflict
therewith sUa11 be deemed inoperative and null and void insofar as it may be in conflict
therewith, and be deemed to modify to conform to such statutory provisions.
Seetion 28. Land Use Action - The LESSEE shall comply with all provisions of the Findings
and Order in the Matter of Reviewing the Administrative Action of the Spokane County Zoning
Adjusier Decision to Approve Conditional Use Permit No. CUE-5-83; Splash-Dowil, Inc., dated
May 16, 1983, or such other land use conditions required in conjunction with the use of tUe
Premises.
Splashdown Water Slide Agreement Page 10 of 11
DRAFT
Section 29. Time of the Essence - Time is of the essence of each and every provision herein.
Section 30. All Writinp- Contained Herein -
A. This Agreement contains all the terms and conditions agreed upon by the PARTIES.
No other understandings, oral or otherwise, regazding the subject matter of this Agreement shall
be deemed to exist or to bind any of the PARTIES. In the event any language in an attachment
which has been made part of this Agreement conflicts or appears to conflict with this document,
it is expressly agreed by the parties that this written Agreement shall control in the resolution of
any such disputes.
B. The LESSEE has read and understands the whole of the above Agreement and now
states that no presentation, promise or Agreement not expressed in this Agreement has been
made to induce the LESSEE to enter it.
Sectioo 31. Exhibits -
A. Insurance certificates.
B. Findings and 4rder in the Matter of Reviev%ting the Administrative Action of the
Spokane County Zoning Adjuster Decision to Approve Conditional Use Permit No. CUE-5-83;
Splash-Down, Inc., dated May 16, 1983.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed
on the date and year set forth above.
CITY OF SPOKANE VALLEY: SPLASH-DOWNCONCESSIONS, INC.:
David Mercier, City Manager Name Tiile:
Tax ID No.
ATrEST:
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
~
Office of the City Attorney
Splashdown Water Siide Agreement Page l l of 11
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent N old business 0 new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Western Dance Association Sullivan Park
Dance Hall Lease Agreement
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: The City has been working with the Western Dance Association on a
new contract. Their existing contract, which expires May 31, 2009, was originally
through Spokane County. The Association is not seeking any major changes from their
existing agreement. This agreement has allowed for a good working relationship
befin►een the City and the Association. The Western Dance Association is in agreement
with the proposed contract.
Contract HiQhliQhts:
-Contract term is a ten-year contract with two five-year renewal options.
-Lease payments to be $500.00 per month for the ten-year period.
-Lessee responsible for paying their portion of the Leasehold Excise tax.
-Lessee continues to pay for all operating expenses and fees.
-City retains usage of dance hall for programs.
-Remainder of agreement is similar to previous agreement.
OPTIONS: Approve the Western Dance Association contract OR Provide additional
direction to staff.
RECOMMENDED ACTION OR MOTION: Move to approve the Western Dance
Association Sullivan Park Dance Hall Lease Agreement and authorize the City Manager
or designee to execute said contract.
BUDGET/FINANCIAL IMPACTS: Revenue to City.
STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: Contract
I
DRAFT
SULLIVAN PARK DANCE HALL LEASE AGREEMENT
TffiS AGREENIENT, made and entered this day of , 2009, by and
between City of Spokane Valley, a political subdivision of the State of Washington, having offices for the
transaction of business at 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206,
hereinafter refenred to as "CTI'Y," and Western Dance Association of Spokane, a non-profit organization
having offices for the transaction of business at 1901 North Sullivan, Spokane Valley, Washington 99216,
6ereinafter referred to as "LESSEE," jointly bereinafter ref.erred to as the "PARTIES.'=
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 35A.11.020, a city may lease or sell any park
property, buildings or facilities surplus to its needs, or no longer suitable for park purposes; and
WHEREAS, a certain portion of Sullivan Park was previously declared surplus to the present
and foreseeable need of Spokane County by the Board of County Commissioners of Spokane Gounty; and
WHEREAS, the recreational dance hall located ar 1901 North Sullivan Road, Spokane Valley,
Washington was originally constructed by the Western Dance Association of Spokane, pursuant to a
Lease Ageement executed on the 30'h day of September, 1958, however such facitity vested in the
Spokane County upon termination of said Agreement on the 29`h day of September, 1993; and
WSEREAS, pursuant to Resolution No. 99-0454, the Board of County Commissioners
authoriZed execution of the Sullivan Park Dance Hall Lease Agreement with the Western Dance
Association of Spokane pursuant to which the Western Dance Association leased a portion of Sullivan
Park for a period of tea (10) years for western dance activities and related pwrposes; and
WHEREAS, ownership of Sullivan Park, including the recreational dance hall, transferred to the
City upon incorporation in 2003.
NOW 1'HEREFORE, for and in consideration of the mutual promises set forth hereinafter and
as provided for io the above-referenced recitals, the Parties do hereby mutually agree as follows:
SECTION NO.1: SUBJECT AND PURPOSE
The CITY leases to the LESSEE, subject to the terms and conditions herein contained, certain real
property located in Sullivan Park, Spokane Valley, Washington and legally described as follows:
A portion of land, being approximately one and oAe-half (1 %2) acres, located South and
West of a point approximateiy 175 feet South of the North property line of the property
' hereinafter described and approximately 250 feet West of the center line of Sullivaa
Road, said above portion located witbin the fotlowing described property:
The following portions of Government Lots 8 and 9 in Section 11, Township 25
North, Range 44 East, W.M., in the County of Spokane and State of Washington,
described as follows:
Beginning at the Southeast corner of Section 11, Township 25 North, Range 44
East, W.M., thence North 0° 47' West 925.08 feei along the East line of Section
Sullivan Park Dance Hall Lease Agreement Page 1 of 7
DRAFT
] 1; thence North 55° 50' West 36.60 feet to the Westerly right-of way line of
Sullivan Road and the True Point af Beginning; thence North 55° SO' West
916.30 feet; thence North 89° 13' East 751.04 feet to the Westerly rig,lit-of-way
tine of Sullivan Road; thence South 0° 47' East 524.91 feet along the Westerly
right-of-vvay line of Sullivari Road to the True Point of Beginning;
hereinafter referced to as the "Premises" for the purposes of western dance activities put on by the
LESSEE or sponsored by the LESSEE and related to western dance activities, during daytime and
evening hours on weekends and ONLY after 5:00 p.m. on weekdays. Provided, it is understood that the
continuance by the LESSEE of the suppart and sponsorship of activities by the various clubs that make up
the LESSEE, scheduling them for certain times and dates with them contributing to the expenses of
maintenance and upkeep, heat, lights, etc., of the Premises, is a proper use of the Premises. LESSEE
needs city permission to use Premises prior to 5:00 p.m. on weekdays.
The LESSEE agrees that the CITY may administer and conduct any activities on the Preinises during
day-time hours of 6:00 a.m. to 5:00 p.m. on weekdays. CTTY agrees that such activities will be restricted
to those that will assure maintenance, care, and safeguarding of the dance floor. The Premises include the
recreational dance hall, storage building at the rear of the hall and the carport area oo the south side of the
hall. Tbe LESSEE shall additionally be entitled to the non-exclusive use of the parking Icat east of the hall
and the natural landscape areas around the perimeter of the structures, during the term of this Agreement.
The CITY will ensure that the Premises are left in neat, clean and orderly condition and that the
recreational dance hall is secure at the conclusion of each such activity sessian.
SECTION N0.2: TERMS AND CONDITIONS
The term of this Agreemcnt shall commence on the I" day of June 2009, and shall run for ten (10) years.
This Agreement, at the mutual option of the parties, may be renewed for up to two (2) additional five (5)
year terms.
For and in coasideration of the use of the Premises as set forth herein, the LESSEE shall pay the
following amaunt on or before the 5~' of each inonth for that month.
First year tA end of Lease ............................................$500.00 per manth
The parties agree to review this lease amount after ten (10) years. All tate payments shall be subject to a
$25.00 late fee due with tlle following, month's payment. Payments sliatl be considered late if they are not
received by the City of Spokane Valley having offices at 11707 East Sprague Avenue, Suite 106, Spokane
Valley, Washington 99206, by the 15`h of the month. Payments post marked before such date shall be
considered received timely.
SECTION NO. 3: INSURANCE
During the period nf this Agreement, the LESSEE shall carry and keep in force, at its sole expense, a
commercial general liability insurance policy with the minimum limits of $1,000,000 per occurrence with
a$2,000,000 aggregate for bodily injury, and $1,000,000 per occurrence for property damage. Said policy
shall be written by a reliable insurance company or companies and shall provide that said policy shall not
be canceted, materially changed or not renewcd without thirty (30) days' prior notice thereof to the CITY.
The C1TY reserves the right to approve the LESSEE's insurance carrier(s). The CITY sha11 be named as
an additiona] named insured in all such policies and the LESSEE shall provided the C1TY with certified
copies of said coverage prior to commencement of use of the Premises.
Sullivan Park Dance Hall Lease Agreement Page 2 of 7
DRAF7i '
The LESSEE shall provide all fue insurance un personal properiy that the LESSEE maves onto the
Fremises and a casualty insurance desired by LESSEE both at the sole expense of LESSEE; and the CITY
shall have no respansibility whatsoever therefore.
The CITY assumes respansibility far propetty damage ta building raofs, walls, and faundations of the
recreational daace ha11. In addition, the CITY agrees to indemnify and hold harrnless the LESSEE from
any liabiliiy for bodily injury occurring tQ any participants in thvse activitses directly administered by the
GTTY duriag its weekday sessions.
SECTION NO. 4: Indemnificatian and Hold Harmtess. LESSEE shall defend, indemnify, and hald
harmless the CITYp its officers, afficials, emplayees apd volunteers from and agains# any and all claims,
suits, actions, or liabilities far injury or death af any person, or far loss or damage to praperiy, which
arises out of LE-SSEE's use of Premises, or from the conduct of LESSEE's business, ar from any
activity, wark ar thing done, permitted, ar suff'ered by LESSEE in ar about the Premises, except only such
injury or damage as shall have been oecasioned by the sole negligence ofthe CI'CY.
5ECT'IOIY NU. 5: OVVNERSHIP OF IlVIPROVEIVIENTS
Any improvements and permanent fixtures made or placed on the Premises by LESSEE during the term
af this Agreennent shall be and rrc:main the progerty af the CI'TY.
SECTION NO, 6: TE1tMINATION
In addition to a11 vther rights and remedies which the parties may have herein or at lew, the Parties may
termiEnate this Agreement as falivws:
A. By LESSEE:
Tius Agreement may be tierminated by the LFSSEE upan ] SO days' written natice ta the City without
GaIISe,
B. B}~ ~tTY:
(1) Ihis Agreement may be terminated by the City of Spokane Valley upon Qne ( 1) year writken natice to
the LESSEE without cause.
(2) This Agreement may be terminated by the GiTY upan five (5) days wrilten nofiice to the LESSEE an
the happening of any one of the following events:
a. The default of the LESSEE in the performance af any terms, conditions ar covenants
hereia required to be performed by the LESSEE and the failure of the L.ESSEE to remedy
such default in a period of thirty (30) days a$er receipt from the CITY of written notice
to remedy the same. Prowided, hawever, that no natice of ternunation as hcretn provided
sha11 be of aay farce ur effect if the LESSEE shall have remedied the default prior to the
expiration of such thirty-day periad, or if the nature af such default is such tbat a period
in excess of thirty (30) days is necessary in order far the LESSEE to cure such default,
and the LESSEP, shall harre camrnenced to cure the defauit and shall diligen#.ly continue
its efforts to carrect such default. In such event, the LESSEE shall have such time as is
reasonably required to cure the default,
Sullivan Fark ]3ance Hall Lease Agreement Page 3 of 7
DRAFT
SECTION NO. 7: WASTE AND NUISANCE PROHIBITED
Duriag the term of this Agreecnent, the LESSEE shall comply with all applicable laws affecting the
premises, the breach of which might result in any penalty on the CI'TY or forfeiture of the CITY's title to
the premises. The LESSEE shall not commit, or suf'fer to be committed, any waste or nuisance on the
premises.
SECTION NO. 8: NOTICES
All notices, demands, or other writings in this Agreement provided to be given or madc or sent, or which
may be given, or made or sent by either party hereto to the other, shall be deemed to bave been fully
given, or made or sent when made in writing and deposited in the United States Mail, certified, postage
pre-paid and return receipt requested, and addressed as follows:
To CITY:
C1TY OF SPOKANE VALLEY
Parks & Recreation D'uector
2426 North Discovery I'lace
Spokane Valley, Washington 99216
To LESSFE:
WESTERN DANCE ASSOCIATION OF SPOKANE
1901 North Sullivan
Spokane VaUey, Washington 99216
The address to which any notice, demand or any other «•riting may be given, or macle or sent to any party
as provided for berein above, may be changed by written notice given by such party as provided for
herein above.
SECTION NO. 9: REPAIRS
The LESSEE shall, throughout the term of this Agreement, at its own cost and without any expense to the
CITY, keep and maintain the premises, including the recreational dance hall, storage building and earport,
all improvements and fixtures of every kind which may be a part thereof, and all appurtenances thereto,
including sidewalks adjacent thereto, in good, sanitary and neat order, condition and repair, except as
provided for to the contrary herein. The CITY shall not bz obligaled to make any repairs, replacements, or
renewals of any kind, nature, or description, whatsoever to the premises, or any buildings or
improvements thereon.
Any alterations, replacements or renewals, the total cost of which exceeds $1,000.00 shall receive prior
written approval of the CITY.
The LESSEE shall provide for snovv removal from the walking areas which tlie LESSEE has the right to
use under t6e terms of this Agreement. The CITY shall additionally remove snow accumulation from the
roofs of the recreational hall, attached carport and storage building as necessary to prevent structural
damage and ice dams.
The CITY may inspect the Premises at any reasonable time for the purpose of reviewing compliance by
the LESSEE with the terms of this Agreemeat.
Sullivan Park Dance Hall Lease Agreement Page 4 of 7
DRAFT
SECTION NO.10: LIENS
Tbe LESSEE shal) keep the Premises free and clear form all mechanics' and materialmens' and other
liens from work or labor done, services performed, materials, appliances, teams or power contributed,
used or furnished or to be used in or about the Premises for or in connection with any operations of the
LESSEE, or any alteration, improvementa repa.irs, or additions vvhich the LESSEE may make or pennit or
cause to be madea or any work or construction by, for, or permitted by the LESSEE on or about the
Premises.
SECTION NO.11: UTILITIES
The LESSEE shall initiate, contract for, and obtain in its own name, and fully and promptly pay for all
electricity, heat, lights, power, telephone service, garbage and all other public and private utilities of every
kind furnished to the Premises throughout the term hereof. I.yESSEE shall be responsible for the purchase
of building supplies for janitorial rest rooms, kitchen and similar uses.
SECTION N0.12: COMPLIANCE WITS LEASEHOLD EXCISE TAX
The LESSEE hereby acknowledges that it is responsible for paying the "Leasehold Excise Tax," as set
forth by chapter 82.29A RC`N, as now or hereinafter amended, which is applicabie to this Agreement.
The LESSEE shail be not only be solely responsible for paying such tax, but shall also bc responsible for
representing itself in any challenge to the amount of such tax that the Washington State Department of
Revenue determines is due or any penalty associated with the tax.
The LESSEE agrees to promptly pay when due all taxes, rates, charges and assessments, special or
otherwise and public charges of every kind and nature whiCh may be lawfully imposed or assessed in any
way on the LESSEE witb reference to the Premises.
The LESSEE sball also comply with and abide by all federal, state, county, municipal and other
governmental statutes, ordinances, laws and regulations affecting the premises, the improvements
thereon, or any activity conducted on or in such Premises.
SECTION N0.13: NON-LIABILITY OF CITY
The CITY shall not be liable in any manner for any toss, injury or damage incurred by the LESSEE from
acts of theft, burglary, or vandalism, committed by either identified or unidenrified parties. The LESSEE
shall be responsible for providing, and all expenditures relating thereto, any security precaution ihat the
LESSEE deems necessary to protect the premises and all improvements thereon. The I..ESSEE shall be
solely responsible for providing, and all expenditures relating to, any safety and security precautions that
the LESSEE deems necessary for the safety of the personnel, guests, employees, patroas, or users of the
premises, or properiy of the LESSEE located on the premises. The LESSEE shall implement security
measures sufficient to secure the Premises after hours and prevent unauthorized use.
SECTION N0.14: INSPECTION
The LESSEE shall make avaitable to the CITY or its duly suthorized representative at any time from
Moaday through Friday, during normal business hours, all records, books or pertinent information vrhich
the LESSEE shall have kept in conjunction with this Agreement and which tbe CITY may be required by
law to include or make part of auditing procedures or audit trails.
Sullivan Park Dance Hall Lease Agreement Page 5 of 7
DRAFT
SECTION NO.15: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the State af
Washington and it is mutually understood and agreed by each party hereto that this Agreement shall be
governed by the laws of the State of Washington, both as to interpretation and performance. Any action at
law, suit in equity, judicial proceeding for the enforcement of this Agreement or any provision hereof
shall be instituted and maintained only in any of the courts of competent jurisdiction in Spokane County,
Washington.
SECTION NO. 16: ASSIGNMENT
Each party to this Agreement binds themselves, their partners, successors, executors, administrators, and
assigns to the other party of this Agreenlent and to the parry's successors, executors, administrators and
assigns of each other party with respect to all terms, conditions and covenants set forth herein. The
LESSF,E may not sublet the Premises; allow its use by any other person or entity, nor assign, transfer in
whole or part its interest in this Agreement without the same being first authorized in writing by the
CTTY. In the event of an assignment, the assignee shaU assume all liability of the assignor. Any
unauthorized voluntary or involuntary assignment or sub-lease shall be void, and shall terminate this
Lease at the CITY's option. Provided, that it is understood that the continuance by the LESSEF, of the
support and sponsorship or activities by the various clubs that make up the Association, scheduling them
for certain times and dates with them contributing to the expenses of maintenance and upkeep, heat,
lights, etc., of the Premises, does not amount to or consist of subletting as provided in this Section.
SECTION NO. 17: WAIVER
No officer, employee, agent or otherwise of the CITY has the power, right or authority to waive any of
the conditions or provisions of tllis Agreement. The waiver of any breach of this Agreement shall not be
held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law
shaU be tal:en and construed as cumulative, that is, in addition to every other remedy pravided herein or
by the law. The failure of the CITY to enforce, at any time, any of the provisions of this Agreerneilt or to
require, at any time, performance by the LESSEE of any of the provisions hereof, shall be in no way
construed to be a waiver of such provisions, nor any way affect the validity of this Agreement or any part
hereof or the right of the C1TY to thereafter enforce each and every such provision.
SECTION N0.18: MODIFICATION
There shall be no modification of this Agreemeni, except in writing, executed with the same formalities of
this present instrument.
SECTION N0.19: SEVERABILITY
It is understood and agreed by the Parties that if any part, term or provision of this Agreement is held by
the court to be illegal, che validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be conshved and enforced as if tlus Agreement did not contain a
particular part, term or provision held to be invalid.
If it should appear that any part, term or provision hereof is in conflict with any statutory provisions of
Washington, then the part, term, or provision thereof which may conflict therewith shall be deemed
iaoperative, null and void insofar as it may be in conflict therewith, and shall be deemed to modify to
conform to such statutory provisions.
Sullivan Park Dance Hall Lease Agreement Page 6 of 7
DRAFT
SECTION NO. 20: NON-DISC'RTNIINATION
The LESSEE specifically agrees that it shall comply with all applicable Federal and state Iaws relating to
non-discrimination for any program or activity conducted by the LESSEE on the Premises
SECTIUN NO. 21: HEADINGS
The section headings appearing in this Ageement bave been inserted solely for the purpose of convenient
and ready-reference. In no way do they purport to, and shall not be deemed to define, limit or extend the
scope or intent of the sections to which they are pertaining.
SECTION NO. 22: TI1VVIE OF THE ESSENCE
Time is of the essence of each aad every provision herein.
SECTI011~` NO. 23: ALL MrRTTINGS CONTAINED HEREIN
This Agreement contains all tbe tenns and conditions agreed upon by the Parties. No other
understandings, oral or othenwise, regarding the subject rnatter of this Agreement shall be deemed to exist
or to bind any of the Parties.
The LESSEE has read and understands the whole of the above Agreement and now states that no
representation, promise or agreement not expressed in this Agreement lias been made to induce the
LESSEE to enter it.
SECTION NO. 24. EXH:IBITS -
A. Insurance certificates
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on the
date and yrear set for above.
CITY OF SPOK:ANE VALLEY: WESTERN DANCE ASSOCIATION:
David Merciera Gity Manager Name
Title:
Tax II) No.
ATT'EST: APPROVED AS TO FORIVI:
Christine Bainbridge, City Clerk Office of the Gity Attorney
~
~
Sullivan Park Daace Hall L.ease Agreement Page 7 of 7
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Regional Affordable Housing Task Force Report
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
Mike Adofae an:i Arlene, Patton v.,ill disruss the Realonal AffordahJ~ Ho!.jsiq~ Tps~ Fo~ce
R~n,,, `
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT:
ATTACHMENTS:
REGIONAL AFFORDABLE HOUSING
TASK FORCE REPORT
.
9CFANE
December 2:",;8
cAtin j ~
I
Conveners
• Mayor Mary Verner, City of Spokane
• Mayor Richard Munson, City of Spokane Valley
• Commissioner Bonnie Mager, Spokane County
,
Work Items
• Improve methods of identifying affordable
housing needs by different groups
• Maximize the use of current housing resources
• Explore the creation of new local housing
resources
• Establish regional affordable housing goals and
an implementation strategy
• Establish a public education program
Guiding Principles
• Affordable Housing is integrally connected to our
community's economy and quality of life
• Regulatory relief is needed to make housing more
affordable.
• Affordable housing can be developed while preserving
the quality and character of residential districts while
strengthen surrounding neighborhoods
• Quality, affordable housing is a key element of a
strong and secure Spokane
• Inadequate supply of quality, affordable housing to
provide residents a choice in housing size, location and
price.
• The Spokane region is fortunate that housing prices
are generally more affordable than those in many
Western cities. However, there are still many
residents of the community who cannot find good
housing that is affordable to them
Improve methods of identifying
affordable housing needs by different
• Develop Data Series tracking the proposed
prototype households (16 household types
identified)
• Coordinate with existing data systems to create a
consolidated tracking system
~
Maximize the use of current housing
resources
• Design a process to consider and coordinate all
local affordable housing resources
• Coordinate with Homeless Planning (2163,
McKinney Veto, Mental Health, ESG, Thor & etc.)
• Coordination should be expanded to include the
State of Washington affordable housing
resources
ExpEore the creation af new local
housing resources and ather funding
aptions
~ Housing developers rnust became more
knowledgeable and cansider other housing
resources (FHA, USQA-RD, 5#ate & Federal
programs, National Housing Trust Funds 8c etc)
• Explore local housing levy ar other renewable
Iocai funding pools
Establish regional affardable hvusing
gaa[5 and an implementation strategy
Is Develop and adopt a wide uariety of
incentives ta encourage developers ta
reach a target of 10% of all new and
redeveloped affordable hausing
- Density Banuses
- Flexible Development 5tandards
- Parking reductions
- Fee waivers or exemptions
- Fee paid at ciosing
- Expedited permiiting
Property tax exemptions
- Transfer of Development Rights
- Tax Increment FFnancing
• Establish and fund a single Regional
Resource Center
• Adopt a regional approach coordinating
transportation, housing and economic
development issues
• Develop a coordinated legislative agenda
regarding affordable housing (state &
federal)
• Create a joint inventory of publicly owned
property - evaluate those suitable for
development of affordable housing or
potential land exchange
(continued)
• Host a forum on gaining an ~
understanding of all resources
currently available. Topics to include:
- State & Federal Resources
- Best Practices
- Community land banks
- Incentives
~ Establish rehabilitation standards that
are County wide and less stringent
than current building codes
,
Establish a public education program
• Fund and implement a community-wide
educational program designed to raise public
awareness of the role housing plays in
community vitality and the current affordable
housing challenges in our county.
• Decrease Not In My Back Yard (NIMBY)
• Strategies:
- Establish an educational committee to prepare
education materials
- Collaborate with other housing advocacy groups;
local, regional and state
- Conduct outreach to media, boards, committees,
communities and neighborhoods
- Provide information via a website and resource center
- Collect testimonials - put a face to "those people"
Affordable Housing Definitions
• Homeownership - Total housing payment (PITI)
is no more than 33% of income for a household
earning 80% or less of Area Median Income (AMI)
• Rental - Rent plus utilities is no more than 30% of
income for a family earning 50% or less of AMI
~
FY2008 I n co m e Li m its S u m m a ry
~
S okane, WA MSA
FY
FY 2008 2008
Income dien tncome 1 2 3 4 6 6 1 8
LimR Area '"~ome LknR Peraon [Person Penon Person Psrson Penon Penon Person
Catepo
Eztro
$12 100 513,850 $15 550 517,3CC 51 P 700 $20,05C S2t 450 322 850
in`p(P~
L1mhs
Spokane, MpW
WAMSA 556,700 5/. S2G,150 523,050 525.900 $28800 $31,100 $33.400 535,700 538,000
ILfmlb
Low 0%
'Limif Q $32,250 ~ 536.900 I 341,500 I $46.100 $49,800 S53.500 $57150 $60 850
NOTE: 5pokane, WA MSA contains Spokane CoUnty, WA.
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Egecative 6ummary
To ensure the long teim availability of affordable housing (see defmitions below) for our area's
citizens, the City of Spokane, Spokane County and the City of Spokane Valley established a 20-
member Regional Affordable Housing Task Force in May, 2008. The group was comprised of
twenty key representatives from the non-prafit, for pzoSt and local government sector.
The task forcc identified the shortage of affordable housing as a pioblem that impacts not only
homeless persons or those with special needs but also individuats and families who live and
work throughout Spokane County. It identified effor#s undertaken by local governments and
other non govemmental organiZations to solve the housing problem. However, more must be
done and a continued Regional effort must be estabtished to address future housing issues.
'I`he fiv+e w+ark items of the task force were to:
A. Improve methods of identifying affordable housing needs by di.fferent groups.
B. Maximiae the use of current housing resources.
C. Explore the creation of new local housing resources and other fuading ophons.
D. Establish regional affordable housing goals and an unplementation strategy.
E. Establish a public educ,ation program.
' The task force adopted an important principle to guide the future provision of affordable
housing, Afj'ordable housing is Wegnolly conned¢d ro our cammunity's ecaplomy and qualily
o,rtife-
The task force recommends that the City of Spokane, Spokane County, and the City of Spokane
Valley adopt th+e following action steps:
• Develop mechani.s~ns to ticack the nceds and gaps in housing for e number of area
populations, including but not limited to homeless persons and families, persons with
disabilities, single wage eamers, first-time homebuyers, aad low income seniors.
• Maximizs and sbategicaUy us$ existing resources by establishing coordinmted,
consolidaied pl,anning, application, and awward processes for federal, state and local
fimding Programs that are adminisbered by local juxisdictions.
• Explorelcreate new r~urces and funding mechanisms, such as implementing incentives
for affordable housing development; researching commnnity land tcvsts and employer-
assisted housing, andconsideaing other pro,grams, such as the Federal Housing
Administration's loan programs and rural housing progmals; and exptoring the creation of
new funds, such as a local housing levy;
Create ajointinventory of publicly owned.property and evaluate those suitable for
development of affordable housing or poteatial land exchange; ond
Establish rehab' 'tation standards that are consistenit County-wide which are less stringent
than current building code,s, to encourage more rehabilitation of existing residential units.
1
• EBtobfiSh and fiiII~ a Reg1QII3l ResoIIICe CeIItET fOI AffoIdable HOuSll]g OW WlU Sel'Ve a.S
a clearinghouse for information an gaps and ne.eds, resourtes, plannin.g efforts, and best
practices aczass the nation;
Adapt a reg,ional, Kaotenai County/Spo)uuue Caunty apgxoach to the caordinatiQn nf
- transportati4n, housing an.d econamic development; and -
CoonliMe legislative agendas, as-it relates t4 housing (State and Federal).
•Develop and isnplement an ou#reach and educatLon pmgmm to.expand awareness af the
communitjr benefit of affordable housing. One of the outcomes will be that affordable
hausing will become a 1egidative priurity for Iocal govemmenu, the busitness comm,vnity
and non.-profits.
Tlae numoa nvw and in llie fiatrare - CommrmiCafion, Coordinaftora, CoffaboTadon and
Con,sogdatian.
a
Guiding Principles Drivi.ng the Affordable Housing Task Force
• Affordable Housing is integmUy connected to our couununity's economy and quality of
life.
• Regulatory relief is needel to make housing more affordable. When regulations on the
housing industry axe reasonable, the cost of housing goes down.
• Affordable housing can be devetoped while preserving the quaiity and character of
adjacent residentiai districts and ensuring that infill development strengthens the
surrounding neighborhoods.
• Quality, affordable housing is a key element of a strong auad secure Spokane.
• There is an inadequate supply of quality, affordable housing to provide residents a choice
in bousing size, location and price. Cunent housing growth does not keep up witb the
projected population inorease aor does it ataract new businesses to the area.
o The Spokaae region is forhunate thai housing prices are generally more affordable then
those in many Western cities. However, there are still many xesidents of the community,
wrho cannat find good housing that is affonlable to them.
Work Item Itecommendations and Strategies
A. Inmprove methods of identifying affordable housing needs by di.fferent
groqps.
The Task Force focused on how the community can assess the needs of populativn subecoups,
for the ptupose of determining wluch housing gaps are widening, and which are narcowing. The
goal is to direct resowrces where the need i.s the greatest, and to identify barriers to serving
certain types of households. Tivs coutd include residency sereening standards both un the private
(including private nonprofit housing groviders) and public sectars. It could also include zoning-
relo.ted standards.
Both the City of Spokane and Spokane Cotwty wiU update their Consoudated Community
Development and Housing Plans over the next 18 momhs. Input regarding housing needs will be
solicited for those plans.
Prototvne Households for Trackinp- Access to Affordable Housing
The Task Fonce created a list of household types for whicb trend data would be helpful in
assessing need. It also identified potential sources of data, which should be collected in a
systematic manner for the errtire Cowrty. The following list of household types and gotential
data sowrces (in bullets) was developed:
• Homeless individaals - Homeless Point in Tinae Report: City and County, Homeless
Manageinent Information Systems (HMIS).
3
. • Homeless families with children - Homeless Point in Time Report: City and County,
HMIS.
• Convicted individuals, released from prison - L?epartment of Corrections, County Sherif~
BIlviIS.
• Disabled persons (physical sud mental) - Coalition of Responsible Disabled (CORD),
American Commwuty Survey.
• Single persons, minimum wage earners - Employment Security Department
• Single wage earner housebolds with children - Employment Security Department,
A.merican Community Swvey.
• Dual wage eaamers at or close to minimum wage - Employment Security Department.
o Three person households at 60% AMI - Employment Security Deparimexrt.
• Fust time homebuyers - Spokane Association of REALTORS, Center for Real Fstate
Research as WSU.
• Typical hamebuyers - Spokane Assaciation of REALTORS, Center for Reat Estate
Researcb as WSU.
• Low income seniors - Aging and Long Term Care of Washingtan, Aging Senrices of
Washington, waiting lists of existing low income senior pmjects.
• Seniors at 60% AMI (w/asset test) - Aging and Long Term Care of Washi.ngton, Aging
Services of Washington.
• College students livin,g outside of sfitdent housing • Local college admissions offices.
o Children at 18 years old coming out of fos#er care - DSHS, VOA.
• Homeless youth below the age of 18 - VOA, HMIS.
• Persons living in subsfandard housing - City and County Consolidated Plans.
Recommendation:
The Regional Affordable Housing Task Force recommends the development of a data series
tracking the propased prototype households. Instibutions, such as local universities, will be asked
to take on the task of developing tracking mechanisms to gather annual information in a way that
will identify trends in the housing needs of each household type. A source of ftuiding for this
research will likely be needed.
B. Mazimize the use of cnrrent housing resources
The jurisdictions of the City of Spokane, Spokane Counfiy and the City of Spokane VaUey along
with other municipal jurisdictions wnthin Spokane County, have a variety of housing resources to
assist them in a.ddressing the housing needs of our low and moderate income citizens. The
majority come from state and federal grants an,d loans, as well as state acrtZiorized real estate
filing fees that accumulate into local funding pools. In addition, the federal govemment provides
numerrous direct grants, loans and mortgage insurance to assist in the financing of affordable
housing in Spokane. These options must be coordinated and e~'icient to n~imize their
effectiveness in the provision of affordable housing.
4
Several funding s+aurces have been initially identified as possible candidetes for improved
collaboration in their planning and implemeatation. The three largest jurisdictions have access to
federa! HOME fiinds as well as state-authorized fimding options to assist in the development and
support of low and moderate income multi-family rental units.
As an iuvitial effort to improve efficiency aad effectiveness, the task force recomm.ends tbat the
three jurisdictians of City of Spok,ane, Spokane County and the City of Sgokaae Valley establish
a common application for fed+eral end local fimding programs, streamline the application process
to inciude a single point of entry for submitting applications aad evaluate fimding requests
jointly. This will require the respective jurisdictions to review and compare their cunent
applicarion and compare their cunnent application and review process. Additionally, they will
need to develop a cornmon application timeframe that recognizes the needs of the applicants
relative to other fimding sources outside our local jurisdictions. Tlus will necessitatae considering
both the hard costs of project developments as well as the cost of maint~ining and operating
them.
Recommendations:
T'hat the Community Development staff of the Jurisdictions along with the staff of the Spokane
Low Inc,ome Housing Consortium design a process to consider and cooxdinate all local,
affordable housing resources.
That the conversation be expanded to include the State of Waslungton in the winter of 2008-
2009 with an implementation goal of the fall/winter of 2009.
C. Ezplore the creation of aew loc,al housing rosources nnd other funding
aptions
In the pest, Spokane County has depended heavily on low income housing tax credits and
Washington State financing progranns to deirelop affordable housing. With the recent downhnn
in the financial inarket, tax credit resources are limited and cannot be depended upon for the
iinmediate fuhue's financing of affordable housing.
Recommendations:
s Spokane's non profit and privaLe housing developers must become more knowledgeable
and cansider other housing resources (i.e. FHA's loan programs, USDA RD affordable
housing programs for rural community housing, additional State and Federal programs '
and the recently established. National Housing Trust Fund).
• As the cunmt economy recovers, the aeation of a local hovsiog levy or oiher renewable
local fimding pool should be explored.
5
D. Establish regional affordable 6ousing goals and an impiementation
strategy:
In order to optimize available resources to solve existing housing problems, prepare for projected
growth and enhancx our quality of life, the committee makes the following recommendations:
1. That Spokane County Govexnmental jurisdictions develop and adopt a wide variety of
incentives [see attached list] including land use, regulatory and monetaiy, and other
incentivesr--to encourage private and public developers to reach a target of 10% of all
new and redeveloped affordable housing.
2. That local jurisdictions establish and fuad a single Regional Resource Center for
A►ffordable HouSing. Such a center will act as a clearing house for a variety of
information including the need for affordable housing, best practices, available resources,
and regional planning efforts.
3. That communities in Spokane and Kootenai counties adopt a regional approach
coordinating transportation, housing and economic development issues.
4. That public and private agencies in Spokane County develop a coordinated legislative
agenda regarding affordable housing (State & Federal).
5. Tbat local jurisdictions create a joint inventory of publicly owned property and evaluate
those svitable for developmeut of affordable housing or potential land exchange.
6. That jurisdictions, along with HLJD, host a forwn focused on gaining an understanding of
all resources currently available, but not often considered for the fin.ancing of affordable
housing. Forum topics will include resources, best pzactices, community land banks and
i.n.centives.
7. That local jurisdictions establish rehabilitation standards that are consistent County-wide
and less stringerrt than current building codes, to encourage increased rehabilitation of
existing residential units.
E. Establisb a public education program
We reGommend that public and private agencies in the Spokane community fund and implement
a community wide educatianal program designed to raise public awareness of the role housing
plays in oommunity vitality and the current affordable housing challenges in our county.
Strategies:
o Establish an educational committee to prepar+e education materials.
• Collaborate with other housing advocacy groups; local, regianal and state.
• Canduct oufieacb to media, boards, committees, communities and neighborhoods.
o Provide infonnation via a website and resource center.
• Collect tesfimoruals from individuals and fanailies in the various need categories,
in order to "put a face" to the need, beyond raw statistics.
6
Affordabte Housing Definitions
Homeownership: Total housing payment (PITI) is no more than 33%
of income for a houscholcl earning SO% or le-,qc of Area Median Tncome
Rental: Rent plus utitities is no more than 30% of income for a family
earning 50% or less of Area Median Iacome.
FY 2408 Income Limits Summary
, ►
Spokane, WA MSA
FY zoos ~ Flr zoos
Income m-ed'-an Income 1 2 3 4 5 ~ B 7 8
Limit Area Income Limit Person Person Person Person Person Person Person Person
Cate oj
ExtroMely
,LOW M $12100 13 850 15 550 17 0 $1 ~
1~~~ , a , a .30 8,700 $20,050 $21,450 $22,850
Limi
+ I I
Spokane, . a56,700 y~r ~
WA MSA IncQme $20,150 $23,050 $25,900 $28,800 $31,100 $33,400 $35,700 $38,000
. Limits
.
Lo(80 %1 T '
~ corne $32,250 $36,900 $41,500 $46,100 $49.800 $53,500 $57,150 $60,850
imits I
NOTE: Spokane, WA MSA contains Spokane County, WA.
Attachments:
• Task Force members
• Incentives for Affordable Housing
• Landlord Incentives and Protections-Encourage landlords to Rent to
Recovering Substance Abusers
• Minutes to meetings
7
Incentives for Affordable Housing
Le al Basis: Hovse bill 2984 passed by the legislature in 2006 (now RCW 36.70A,540) allows
cities and caunties to "enact or exga.nd affordable housing incentive programs providing for the
development of !ow income housing units through developnaent regulations The guideli.nes for
income eligi'bility for affordable units are the same as those identified es the "Defrnition" in the
Task Force Report, Affordability restrictions oa units can be enforced through covenants or other
recorded documents and stay in force for 50 years.
The following is a generic list of potential development incentives that can be tied to afforrlable
housing production. Each of these could have variations based on the needs of the local
jurisdictioa
A Densitv Bonus: Ailows the developer to buitd more units than would be allow+ed by ihe
underlying zoning. An example would be to allow one additional unit for each affordable
mut pravided in a project up to a 243/o increase over the waderlying zoning.
➢ Flexi'ble Develoument Standards: Offers reductions in set backs, lot coverage, lot size,
building height and/or building bulk to developers of affordable units.
➢ Parkiw reductions: Allows a developer to create fewer pairking spaces if affordable
units are included. This incentive may be xnost applicable to projects close to
employment and transit centers or ihose serving special needs populations.
➢ Fee waivers or exemotions: 'fhis incentive wauld reduce or ehminate fees for affordable
units. .
➢ Fees paid at closine: This incentive would allow payment of fees for affordable units at
closing rather than at the permit stage. For homeownership projects, this frees up the
worksug capital of the developer and allows the fees to be paid by the buyer.
➢ Exvedited pernutting: This incentive would put projects vvith affordable housing at the
"top of the pile" for review and approval processes. It will reduce holding and overhead
casts for the developer.
➢ Pronertv tax exemntion: Expandeti 12 year properiy tac abatement is already in place for
multi-family projects that include affordable units in designated target areas in the City of
Spokane. This incentive could be expanded to other areas in the region.
➢ Tramfer of Development Rip-hts: Preserves criticat rural and farnaland by allowing
transfer of development rights to more developed areas. Inclusion of a portion of
affordable housing units coudd be required by the receiver of transfen-ed rights.
➢ Taxx Increment Financine: Programs such as the Local Infrastrucfiire Finanncing Tool
recently approved on a demonsbration basis could require the inclusion of a portion of
affordable housing units.
8
ACKNOWLEDGEMENTS
Conveners:
Mary Verner Richard Munson nonnie Mager
Mayor, City of Spokane Mayor, City of Spokane Commissioner, Spokane
Valley County
Task Force Members:
Chair: Arlene Patton, Recently retired HUD field office Director
Cindy Algeo, Spokane Low Income Housing Consortium
Randy Barcus, Avista
Steve Cervantes, Spokane Housing Authority, Northeast Washington Housing Solutions
Marty Dicki.nson, Spokane Dowatovvn Partiiership
Bill Gothmann, Spokane Valley City Council
Tobby Hatley, T. Hatley Associates & Spokane Community Development Board
Rob Higgins, Spokane Association of Realtors
Jim Kirschbauxn, Action Mortgage
Jim Kolva, Planning Consultant
Mick McDowell, Developer
Shannon Meagher, Kiemle & Hagood Company
Ray Mooney, Sterling Savings Bank
Darryl Reber, Inland Empire Residential Resources
Tom Richardson, Recently retired from City of Cheney, Community Development Dept.
Ray Rieckers, Spokane Neighborhood Action Programs
Terri Symbol, Impact Capital
Mayor Wendy Van Orman, City of Liberty Lake
Attachment A
tl
ChrisNenne, Cornmunity, Frameworks. .
Jason Wheaton, Greenstone Hornes
Joel, White; Spokane--Home Builders Association
Staff:-
- - -
Mike Adolfae, Com:mwa.ityDevelopment Department, City of -Spokane
Christinc Barada, Commun.ity Development Department; Spokane - County.
Tim Crowley;, Community Development-Departiment, Spokane.County.
Sara- Orrange, Spokane Associatioii of RealtorsO,
-
Edie'Streicher, Spokane Home_ Builders Association
Dale Strom, Community. Developnient Department,, City of Spokane
Steve Taylor, Spokane Horne Biiilders Association & Spolcarie-A-ssoGiation of Realtorse
Christy Zuniga, Community Services, Housing and Commuriity Development -
. ;
Attachment A
Incen#ives for Affordable Housing
LeW Basis: House bi1129$4 passed by the legislature in 2006 (naw RCW 36.70A►.540) auows
cities and counties to "enact or expand affordable housing incentiwe programs groviding far the
develapment of low-income housing units thraugh development regulations." The guidelines for
income eligibil.ity for a.ffardable units are the same as those identified as the "Target" in the Task
Force Report. A'fordability res#ricti.ons on units can be en#`orced thraugh covenants ar olher
recarded documents and stay in farce for 50 years.
The following is a generic list of potential development incentives that can be tied ta affordable
housing prc,ductian. Each of these couid have variations based an the needs of the local
j urisdiction
> Densitv Bonus: Allaws the develoger to build more units than wouid be allowed by the
underlying zoning. An example would be tv auaw one additianal unit for each affordable
unit pravided_ in a project up to a 20°lo increase aver the underlying zoning.
> Fiexible Develovment Standards: Offers reductions in set backs, lot coverage, lot size,
building height andlor building bulk to developers of affardable units.
DPSrkinQ 1'edtiCt10I15: Allaws a developer to create fewer parking spaces if aiffordable
wuts are in.eluded. This incentive may be most apglicable to prajects close ta
emplQyment and transit centers ar those serving special needs populations.
> I'ee waivers or exemntians: This inceative would reduce or elirninate fees far affordable
un.its.
> Fees naid at closing: This incentive would allow payment of fees for affardable units at
closing rather #.han at t.he permit stage. For hazaeownership Projects, thi.s frees up the
working capital of the developer and allaws the fees to be paid by the bttyer.
A ExDetited nermitting. Th.is incentive wau.td put prajects with affordable housing at the
"tap of the pile" for review and appraval processes. It wiu reduce halding and overhead
, costs for the developer.
> Pronertv tax exemntion: A,n expanded 12-year properiy tax abatement is alread}► in pIace
far multi-famity proj ects that include affordable units in designafied target areas in the
City of Spokane. This incentive could iae expaaded ta other areas in ihe regian.
D Transfer of Develament RiOts. Preserves critical rural and farmland by al.lowing
transfer of development rights to mare develaped areas. 1nclusion of a portion of
affordable hvusing units could be requi.red by the receiver of transferred rights.
➢ Tax Increment Financin: Prog,xams suGh as the Lacal Infrastructuxe Financing Tool
recently approved an a demonstratian basis could require the inciusion of a poxtian of
affordable housing units
Attacb.ment B
STATE OF WASHINGTON
UEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT
Landlord lncent'ives and
Protectmions
Encouraging Landlords to Rent fo Recovering
Substance Abusers
~
Report to the Legislature
December 2006
ATTACHMENT C
~ ~ _ f ~~.ont~ents T~.b~l e o ,
In~troducti~on ..................................................:...........:..~:.........::...................................,.........~..:....:...1
Typ:es of~Landlord~~Incen~fivelProtec~on Prog~rams........~ ............................................................3
Pr-oi~ising~ Pracdces: La~dlord Incen~ives and Protecri~oms 5
P ~ . . _ ~ . . . ~ . dlord Incen~ve ]Elements ..............................................................................~.~.~....1~ . . Eiam le ~an
~Prepare~d by, .the
Washi~ngton State Department of Community, ~Trade and Economic Developmen~ ,
Housrng ~Division
Tedd Kell~eher
~360~ 725-2939
tetldka~~cted.wa.gov
~
Introduction
In 2006 the Washington State Legislaiure passed E2SSB 6239, an act "Relating to the impact of
controlled substances, primarily methamphetamine," directing the Deparhnent of Community, Trade
and Economic Development to produce a study on landlord incentives for recovering substance
abusers. Specifically, Section 209 says:
The department of communiry, trade, and economic development shall report to the
leg-islature on the feasibiliry of providing incentives and protections to landlords to encourage
housing rentals to recovering substance abusers or those convicted of drug crimes. A final
report must be submitted to the appropriate committees of the legislature by January 1, 2007.
This report describes existing examples landlord incentives efforts that seem promising, and
describes elements of those efforts that could be i.mplemented in Washingtoa State.
Difflculty Former Sabstance Abusers I3ave FincUng Housing
People who are in recovery from substance abuse, many of whom have drug crime convictions, have
significant difficulties securing rental housing on the private market. Private property owners, wary
of renting to someone who they believe may damage property or not pay rent, pmtect themselves by
conducting thorough background investigations on prospective tenants.
People with substance abuse issues, whether current or in the past, often have left a trail for the
landlord to discover. A background check of a person with current or past substance abuse often
includes poor credit scores, a criminal history, and records of not paying rent on time and damage to
rental units.
Attempts to address a criminal record through the legal process are not always feasible. In order to
vacate a criminal record and remove it from an individual's record there generally is a three-year
waiting period for misdemeanors, a five-y+ear period for Class C felonies, and a 10 year period for
Class B felonies. Many people with substance abuse histories do not meet these timeframes and
therefore cannot vacate their criminal record as a way to solve the problem of being uaable to obtain
housing.
Individuals with drug llistories will also find their housing options further squeezed by federal and
local public housing laws, severely limiting their access to public housing opportunities. Federal
laws require local bousing agencies to permanently bar individuals convicted of cerlai.n sex offenses
and methamphetamine production on public housing premises. The federal laws also give local
public housing agencies discretion to deny eligibility to virtually anyone with a criminal background.
However, local housing authorities have considerable leeway to consider the individual
circumstances and history of applicants. They caa decide whether to consider arrests not leading to
conviction in eviction proceedings. They also can detennine how long to deny housing assistance to
people with criminal records and decide what, if anything, qualifies as rehabilitation for the purpose
of lifting the bar to public housiog.1
1 Legal Action Center, Advocacy Toolkits To Comba► Legal Barriers Facing Individuals With Giminal Recards:
httpd/www.lac.org/tooMts/IntroducfionJatin
Landlord Incentives and Protections: Encouraging Landlords to Rent to Recovering Substance Abuscrs 1
Quantifying the housing needs ofpersons with drug related criminal histories or drug abuse and
treatment needs can be diff'tcult. There are significant numbers of people in Washington State who
are in need of substance abuse treatment. As of 2003, DSHS estimated that 11 p ercent of Washington
State residents, 18 years and older, needed substance abuse treatment services. In addition, the
number of admissions to treatment programs in which methamphetamine was the primary drug of
abuse has more than quadrupled over the last ten years. According to 2005 Substance Abuse and
Mental Health Services Administration (SAlViHSA) data, over 500,000 people used
methamphetamine in the past month. Nationwide, the number of inethamphetamine users who were
dependent on or abused some illicit drug has risen significantly from 164,000 in 2002 to 257,000 in
2005.
2 Washington State DeparGment of Social and Health Senriccs (DSHS): httpJfwwwl.dshs.wa.gov/pdf/ms/rdalrese.arcW41521statel3.pdF
iandlord Incentives and Protectians: Encauraging Landlords to Rent to Recovering Substance Abusers 2
Landlord Incentive/Protection Efforts
There are four distinct categories of interventions that are designed to encourage landlords to rent to
the "hard to serve" populations and protect their f nancial interests in case of potential losses.
Importantly, some existing landlord incentive efforts use aspects of all of these approaches.
Monetary Incentives and Protections
Landlords and developers are business people who depend upon a profifi margin to stay in business
and therefore fully understand the role of financial incentives. They are also often concerned with
protection of their assets and limiting the amount of tenant relations issues and legal action that is
sometimes required. For this reason, programs that include a monetary incentive may attract top-
quality participants.
Among the monetary incentives to encourage landlord participation are:
• Tenant-based rent subsidies.
• Rent deposits (for instanee triple deposits for high risk tenants).
• Finder's fees.
• Lease signing bonuses.
• Holding fees (payment of rent while tenant is clearing credit checks or in crisis beds or
treatment temporarily).
• Public Ioans to rehabilitate structures.
• Use of public assistance funds and Social Secwity Insurance payments for rent.
Monetary risk-sharing protections include:
• Damage deposit and payments.
• Rent payment guarantees.
• Allowances for unlawful retainer or eviction costs.
• Agencies co-signing leases witb clients.
• Above-market rent to compensate for potential rent losses.
• Resources to provide credit checks for potential residents.
• Legal assista.nce to the landlord.
Outreach to the Real Estate Industry
Strong, targeted communication is essential in obtaining participation from landlords. Some
commuaities have been able to develop partnerships with landlord associations. Other communities
have developed relationships with property owners who wi.ll provide advice to program
administrators.
Examples of outreach to the real estate industry include:
Landlord Incentives and Protections: Encouraging Landlords to Rent to Recovering Substance Abuscrs 3
• Educational services for real estate brokers.
• Incentives or finders fees for "leasable" apartments.
• Landlord recruitmeat campaigns.
• Tools for improved landlord communication.
• Support for the development of relationships with landlord associations.
• Involvement of landlords as advisors to design and evaluate programs.
• Hotline for landlords for crisis resources.
Tenant Supports
Supportive services that provide housing stability and an interface between the landlord and client
have been effective in encouraging landlords to rent to people with special needs. In add.itioa, the
tenants have an increased success rate in housing.
Landlords often view tenants who have access to strong supportive services as less of a financial risk
Service providers often build relationships with willing landlords, who in tum rent to their clients
because of the trust that has been built between che two entities. Evidence that a tenant will be
provided an array of services and will have frequent contact with case managers can ease a landlord's
concern over protecting other tenants and their property.
Examples of tenant supports include:
• Strong on-site or off-site case management.
• Teaant education on landlord/tenant rights/obligations, budgeting skills, legal assistance,
credit counseling, and repair, etc.
• Crisis respite beds/uaits.
• Support groups.
• Mental health and chemical dependency treatment and counseling.
• Payment for back rent to offset debt.
Subsidized Housing Resources
There are a number of ways that housing subsidies can suppiement the cost of housing, i.nclud.ing:
• Project-based subsidies to supplement tenant rent.
• Master leasing (see discussion below).
• Encouraging the conversion of up to 20 percent of a Housing Auttaority's Section 8 Tenant-
based assistance to project-based assistance.
• Developer set-asides of new units for program participants.
• Project based set-asides of existing units.
Landlard Incentives and Protections: Encouraging Landlord.s to Renc to Recovering Substaace Abusers 4
Promisirrg Practices:
Landlorcl Incerrtives arnd Protections
Tb.e fouowing promising practices pravide examples of the types ofefforts that may be wart.i
expanding and replicating in Washingtoa State. Due to the preliminary and limited results anci
autcarnes dacumented by these efforts, expansion aad replication shauld be tied to rigorous outcome
evaluat ion.
Existing Landlard Incentive Pragrams in Seattle and 1Nashington
Uni#ed 1Nay of King Counfy, Ready fo Rent Pragram
Pragram Descriptian. The Ready tu Rent program is a teaant education and ]an+dlord i.acentive
program. The pragram provides education to potential renters in a11 aspect.s of being a goad tenant,
and provides landlords with reatal deposits, access to mativated tenants, and other incentiwes.
Participating nonprofit orgaaiz-atians are certifed by the United Way of King Coun#y durung a two-
day training, to become R.eady to Rent instructors that can pravide the training to homeless and law-
income individuals and families earolled in their housirig dr other pragrams. Indiv%duaLs and famiiies
are eEgible ta participate in the 12-hour training course once ihey have achiewed stabilily and are
ready to reenter the rental hausing market. The training curriculum includes landlord and tenant
rights and respansibilities, credit history, managing finanees, finding housitig, maintaining housing,
and the moving pracess.
Lundlord Incerrtives/Protections
Landlord incentives include: security deposits paid on behalf of thz tenant, refer,rals of Ready to Rent
graduates seek3ng lang-term housin►g, an additional auenue to advertise tbeir propetties on the Rental
Housing Association website where Ready to Rent graduates can conduct their housing search,
finding tenants wha understand their responsibilities and are corn.mitted to being successful renters,
receive helg finding stable and motivated tenants, access ta nonprofit sacial service agencies that
provide a variety ofresources that may assist tenants in preventing situations that can resulk in
evictions.
Results/0utcome
Outcomes nat yet available.
1'rogram Fundrng
The security deposit fund is created by contn'butions from awners, managers, developers, brokers,
agents, and others in Seatkle and King Caunty. Niutual Interest is tbe afficial charity of the Rental
Housing Association of Puget Sound.
Addiliorral description
Upvn campleting the training, participants receive a diplorna endorsed by United Way of King
County, Mutual Interest, the Rental Housing Associatian of Puget Sound and the agency conducting
L.andlord Inoentives and Protwtions: Encauraging Landlards to Rent ta Recovering Substance Ahusers 5
1
the firaining. Graduates are not guaranteed housing; however, landlords participating in the program
view the certificate as a positive factor in selecting tenants with screening barriers.
One of the major partners in the Ready to Rent Program is United Way of King County. United Way
of King County researched national best practices and subsequently purchased the Ready to Rent
curriculum from the Portland Housing Center and adapted the curriculurn to meet the needs of the
local community, which included incorporating Washington State Landlord/'Tenant laws. United Way
of Ki.ng County plays an important role in ensuring that the program runs smoothly for all agencies,
landlords aad participants.
Another partner in Ready to Rent is Mutual Interest, a private nonprofit organization, which funds
security deposits that make moving from temporary to permanent housiag possible for low-income
families. To accomplish its mission, Mutual Iriterest educates and mobilizes the local real estate
industry to focus their resources on homelessness in a concrete and meaningful way. In addition to
making contnbutions to the Ready to Rent security deposit fuod, Mutual Interest maaages security
deposit assistance funds raised from other sowces.
Rounding out the partnership group is the Rental Housing Association of Puget Sound, the largest
association of rental housing owners in the Pacific Northwest, with more than 3,000 members. The
association provides tenant screening backgrouod checks for Ready to Rent participants and
encourages its membership to list their vacant properties with the program and accept Ready to Rent
certif cates.
State Rental Security Deposit Guarantee Program
Program Description
Authority for this program exists in state law, but no funding has ever been appropriated to
implement it. The Wash.ington State Legislature enacted legislation in 1988 (RCW 59.24) allowing
CTED to provide local governments, nonprofits, and housing authorities funds to be used as
collateral on payment of a residential rental security deposit for participants who, at time of
application, are homeless persons or families residing in emergency shelters or transitional housing.
In order to be eligible for grants under this program, the recipient local government or nonprofil
corporation provides fifteen percent of the total amount needed for the secwity deposit. The security
deposit may include last month's rent where such rent is required as a oormal practice by the landlord.
The owner of the rental property must agree to allow the security deposit to be paid by the tenant over
a specified number of months as an addition to the regular rental payment, rather than as a lump-sum
payment. The tenant shall agree to a payment schedule of a specified number of months in whicb
time the total amount of the required deposit shall be paid to the property owner.
Landlord Incentives/Protections
The property owner may make a claim against the deposit guarantee fund, up to the amount of the
original agreement, a$er first making a claim against the amount of the security deposit actually paid
by ttie tenaut. Also to the benefit of the landlord, the participating local government aad nonprofits
must verify family income and make a determination tbat the person or family can reasonably make
the ongoing monthly rental payments. The program staff is also d'vected by legislation to make
themselves reasonably available to property owoers to answer questions or complaints about the
program.
Landlord Incentives and Protections: Fancowaging Landlords to Rent to Ra:overing Substance Abusers 6
Re,sultslDutcomes
Program nat implemented.
Progrcrm FurldiMg
No funding has ever been apprapri.ated to implement khis program.
Additiona! Description
The local governrnent or noflprofit carporation makes a determinatian regard.ing the persan's or
family's eligibility to participate in the program and a determination that a loca.l rental unit is
available for accupatian. A deterniina#ion of eligibility shall include, but is not iimited to: (a) a
determination that the persaQ ar family is homeless or is in transiiianat housing; (b) a verificatiarn of
income and tha# the person or family can reasonably make the mvathly rental payrnent; and (c) a
deternunation that klle persan or family does not have the financial resources to make the rental
security deposit.
A three-par#y contract is required af persons participating in the rental deposit guarantee pragram.
The parties to the contraet are the lacal government or nanprofit corparation operating a shelter far
hnmeless persons or transi#ional housing, the tenant, and the rentax prvperty awner. The terms af the
contract include, but are not limited to, all af t,he following:
(a) The awner of the rental property shall agree to allow the security deposit to be paid by the
fienant over a specified aumber of mvntas as an addition to the regular rentai payrnent, rather than
as a lump-sum payment.
(b) Upon execution of th+e agreemeflt, the local governtnent or nonprofit carparatioa shali
encumber or reserve funds in a special fund created under RCW 59.24.020, as a guarantee of the
contract, an amaunt no less than eighty percent af the outstanding balance of the security deposit
owed by the tenanti to the landlord.
(c) The tenarit shali agree to a payment schedule afa specified number af moaths wwhich tirne
the tolat amount of the required deposit shall be paid to the properiy awner.
(d) At any time during the operatian af the guarantee, the property owner shall atake all claims
first against amounts of ihe security deposit achial,ly paid by the teaa.a# and secondly against the
guarantee. At no time duri,ng ar after the tenancy may the property owner make ciaims against the
guarantee in excess vf that amount agreed to as the guarantee.
(e) If a deductivn firom the guarantee fund is required, it may be accampiished anly to the exatent
permitted by the coatract and in the trranner provided by law, including notice to the legal agency
or orga.nizatian. The tenant shall have no direct use of guarantee funds, including funds that may
be referred to as "last month's rent."
CTED may adopt ntles to implement this chapter, including but nat limited to: (1) the eligibili#y of,
and the applicativn process for, loCal gOVCrIImentS and noaprpfit COrpQrati0II5; (2) the oriteria by
which grants and technical assistaace are provided to loGal gavernments and nonprofit Gorporations;
and (3) the criteria 1oca1 gavernrnents and nonprofi.t corporations must use i.n en#ering into cantracts
with tenants and rental praperty owners.
Landlard Incentives and Protectivbs: Encouraging Landlords to Rent to Racovering Substance Abusers 7
Certificate of Rehabilitation Pilot Project
Program Description
The Certificate of Rehabilitation Pilot Project (CRPP) helps low-income residents of King County
who have committed themselves to a process of rehabilitation and recovery from a history of inental
health and/or substance abuse. The participants in t6is program are eager to work, obtain stable
housing, aad participate in their community. However, because their mental health and/or substance
abuse issues lead to a criminal conviction many cannot achieve these goals because many bousing
providers and employers screen out these individuals based on a criminal background check, even
though the participants are otherwise qualified.
The CRPP creates a mechanism for participants to obtain a Certificate of Rehabilitation. These
ceriificates are valid for three years after issue. They may be renewed and become a permanent order
after the three-year expiration if the applicant is able to demonstrate ongoing stability and
commitment to recovery goals. Under current law, a certificate of rehabilitation will aot remove the
criminal record from public view, except in certain circumstances. In those circumstances, employers
cannot be given information related to a conviction where the individual obtained a certificate of
rehabilitation. For other individuals, the goal of this project is to have employers and housing
providers consider a certificate of rebabilitation in add.ition to or in lieu of the criminal record. The
certificate of rehabilitation will aUow qualified applicants to obtain housing and employment without
waiting many years to go through the process of vacating their record before they become housed or
employed. The sponsors of this project continue to work to increase the impact a certificate of
rehabilitatioa will have on an individual's record in order to remove it as a barrier to housing and
employment.
Landlord Incentives/1'rotections
None. This program is included as an example of a program that may make reating to substance
abusers and ex-offenders more attractive to landlords if combined with financial incentives.
Results/Outcomes (if avcrilable)
None yet available. Participant will be tracked to determine the outcome of the case. The agencies
garticipating in the pilot project meet regularly to assess the project and make changes as needed.
Program F:r»ding
Participating agencies are providing services pro bono.
Additio»al Description
The Certificate of Rehabilitatioa Pilot Project (CRPP) is a collaboration of the following
organizaiions: Harborview Mental Healch Center, King County Bar Association, Committee to End
Homelessness, King County Prosecuting Attorneys Office, King County Quality Review Tearn .
Social workers or case managers from Harborview will screen each applicant to determine if the
applicant meets the program criteria. Each applicant will be given an application form, eligibility
checklist, and an explanation of the program.
Applicartt Criteria
For pwposes of the pilot project, appGcants must meet the following initial criteria:
• Three years since time of conviction.
Landlord Incentives and Protections: Encnuraging Landlords to Rent to Recovering Substance Abusers 8
• Completed all the terms of #heir senlence. Indigenl applicants who owe monetary fines must
have a paymettt plan in place and be current an payments.
• No new arrests, c,.onvictions, or other crirninal activity.
• Documentation of parlicipatian in a cehabilitation program sucb as mental heaith, substance
abuse, or other treatment program.
•Two years dacurnented cansistent stability in meatal healths substance abuse, hausing, publi.c
benefits, other applicable treatment goals, and evidence of availability of ongoing supparis.
• Docurnentation of the criminal reeord that demonstrates the crime is not a violent crime
against a person.
Documentatidn
Qnce the applicant is fvund eligible, the social worker will obtain the required dacumentatinn related
to the participant's rehabil'statian. Follawing this, the case manager or social worker refets the case to
the K.ing County Bar Associatian for legal assistance. The KCBA program manager thenplaces the
case with a wvlunteer attorney. The following documen#s will be part of a packet prepared by the
social4vvrker or the volunteer attomey as applicable:
• Physician's Treatment Verification Form.
• Elealth Gare Practitianer Treahnent Summary Fornn.
• Applicant AffidaVit afRehabilitation.
• Filing Fee VVaiver Form.
• NSotion and Order for a Certificate of Rehabiiitation.
• Nate for Motian.
• Notice and Gampletion of LimiCed Appearance.
Legal Frocess
The pa.rticipant wiil meet witb a valunteer attomey to determine if they meeE the Iegai requirements
for a eertificate of rehabilitation. Lf the participant is eligible, then the volunteer will prepare the legal
paperwark and file a mation for a certificate af rehabili#ation in King Caunty Superiax Court. The
attomey will then presznt this motion before the assignedjudge. If the motion is granted it will be
filed with the cuurt and capies distn-bufied as necessary. Tbe attomey will withdraw from the case following completian of the hearing-
~
Landlord Incentives and Pratectians: Encouraging Landlords to Rennt ta Racoverin,g Substance Abusers 9
MMMMML_
Existing Landlord Incentive Programs in Oregon and Other States
Fresh Start, City of Portland
Progy-am Description
The Fresh Start program permits traditional screening criteria to be relaxed by addressing landlords'
concerns through committed supportive services and a landlord guaraatee fund. Landlords and
property managers agree to rent to people who would not qualify under standard screening criteria, in
return for comraitment by the resident's case manager to assess potential tenants' housing readiness
and to provide supportive services. The goals of the program are to protect owners and landlords
interests, mitigate the tradicional risks associated with less stringent screening criteria, and meet the
needs of persons who otherwise could aot access housing. Tenants are exited from the program after
one year of successful tenancy.
Landlord Incentives/Protectron
A landlord guarantee fund provides access to fuads that will reimburse damages in excess of nonnal
wear and tear to the unit when damages exceed the security deposit. Landlords may receive up to
$2,000 for one bedroom and less and up to $3,000 for two bedrooms or more. It will also cover one
and one balf months of non-payment of rent if tenant does not vacate apartment in good stand.ing.
Results/Outcomes
Formal outcome evaluation data is not yet available. Follow up is targeted to happea with every
household after their exit from the program (one year after successful tenancy). In two years there
have been two landlord claims against the fund, one for $547 and the other for $1,569. The program
coord.inator indicated the program has been under utilized because the Portland housing market has
~ beea so$. She anticipates increased usage of the program with the market beginning to tighten and
fewer wuts available to clients with housing barriers.
Program Funding
Program funding is a one-time only payment of $150,000 from City General Funds and $18,600 from
a Collins Foundation Grant.
Additiona! Description
Fresh Start is a formal partriership among housing providers, service providers, persons with barriers
tv accessing housing, and the City of Portland Bureau of Housing and Community Development. It
creates access to housing thougb a"housing first'! approach that emphasizes rapid placemenc into
housing and supporting persons in that housing. Fresh Start permits persons with some barriers to
housing to meet screening criteria in compliance with Fair Housing laws.
To participate in Fresh Start, service providers must become certified and agree to provide the
following services:
• Conduct housi.ng assessment of potential participants to determine housing appropriateness.
• Develop individualized housing goal plan for each participant that defines level and length of
services to be provided.
• Provide orientation or training before move-in for participants.
• Send a referral letter to landlord.
Landlord Inceatives and Pcotections: Encouraging Landlords to Rent to Recoveriag Substance Abusers 10
• Respond to calls by landlord or participaat within 16 business hours (two working days).
• Track occupancy outcomes at three, six, and 12 months and follow-up tracking of housing
outcomes at six months (18 months after move-in).
• Provide supportive services as appropriate with the expectation that the participants will
receive more intensive services immediately after move-in, even if relationship with landlord
dissolves.
In addition, landlords are expected to agree to the following:
• Notify service provider regarding any action that niay affect the continuation of tenancy,
including: 1) written notice to tenant, 2) any contact with 911 or other service entities, and 3)
late rent.
• Agree to inform service providers of actions leading to eviction before the action is taken.
• Ftilfill above obligations to tenant even if relationship with service provider dissolves.
Second Chance Renter Rehabilitation Program, Oregon
Program Description
Administered by various agencies throughout the State of Oregon, this is an eight-week program
de,signed to teach homeless people how to be successful, responsible renters; obtain and maiatain
housing, and how to overcome barriers such as poor credit or rental history, and criminal histories.
Landlords renting to Second Chance graduates have better motivated and educated tenants, and can
access funds to be reimbursed sbould the tenants vacate owing rent or damages.
Eligible individuals and families are those with a total household income at or below SO percent of
the average statewide median income. Adult household members must agree to attend aU eight
classes consecutively. This series of workshops provides information on landlord & tenant law; fair
housing; landlord expectations; how to find a rental; budgeting; future financial planning; setting
goals; energy conservation; repairing credit; overcoming advecsity, self-esteem, conflict resolution,
and public policy. Graduates eam a Certifcate of Completion, Letter of Recommendation, and a
Landlord Guarantee Letter.
Landlord Incentives/Protecrions
Landlords can access up to $600 to recover the costs if the tenant vacates owing rent or damages.
Results/Outcomes
St. Vincent DePaul of Lane County has administered the program for 11 years and oaly paid
landlords on two occasions. They stress being an advocate for both the renter and the landlord(s) and
property managers, developing rapport, aad only referring on those participants who meet strict
participation criteria and are truly able to take the steps necessary.
Program Funding
Varies. Each agency administering the program secures its own funding.
Additional Description
Client benefits include:
• Learni.ng rights and responsibilities.
Landlord Incentives and Protecdons: Encouraging L,andlords to Rent to Recovering Substance Abusers 11
• Learning how to overcome obstacles that are pulling you down.
• Learning how to gain back yaur dreams and self esteem.
• Learning how to get a new start.
• Receiving a certificate of completion and a Ietter of recommendation.
• Receiving a landlord guaraatee letter obligating up to $600 to a future landlord if the client
were to vacate the rentai owing rent or damage costs to the landlord.
• Getting a second chance to get back on track
Landlord benefits:
• Rent to better infotmed tenant.
• Rent to a tenant who has worked hard for achance to rent from you, and wili do all they can
to successfully maintain housing.
• Rent to a tenant who understands his or her responsibilities a.s a tenant.
• If a tenant fails to meet his or her obligations, access a$600 guarantee fund.
There is some variability in administration of tlie program across providers. For example, St. Vincent
DePaul of Lane County charges the participants a fee to attend the class, evea if the individual or
household is homeless. They see this as a means of increasing the investment on the part of
participant household.
Risk Mitigation Pool, City of Portland
Program Desrription
The Risk Mitigation Fool(RMP) is a public fund, held and administered on behalf of the City of
Portland Bureau of Housing and Community Development by a not-for-profit entity, the Housing
Development Center. The goal of the RMP is to provide risk mitigafiion for bousing developers
through the initial seven years of the prograrn for up to 300 Permanent Supportive Housing (PSH)
units. The City expects that the types of risks being protected through the RMF' will be relatively
infrequent, but at times, quite costly. Through a sbared risk pool, the Ciry hopes to be able to provide
finaacial protection for PSH providers, without having to set up substantial additional reserves at
each project. However, this concept is new to Portland, and indeed, the City has not identified other
similar models across the country. Therefore, the expectation for the RMP is that we will establish
initial policies, and work together to modify the program over the seven years, with the goal of
assuring that these PSH units are able to provide quality, affordable housing to people that need PSH
over the long term.
Larldlord Ince»tives/Protections
The RMP may be used to reimburse participating property owners for costs to repair physical
damages beyond nornial wear a.nd tear, and extraordinary operating costs or rental losses.
The maximum amount of a single claim is based upon the following schedule:
• SRO units $73,500
• Studio units $91,000
Landlord Inceutives and Protecdons: Encouraging L,andlords to Rent to Recovering Substance Abusers 12
• One-bedraom unrts $ l0,OQ0
• Two plus bedroom units $14,500
The max.imum amaunt of RMP funding available to participating praperty awmers is determined by
mu.ltiplying the number af units by the abave amounts. This is a cumulative limut aver the seven year
~ life oF the program.
I
Results/Outcorries
Results not yet available.
Program Funding
In 2005, the City Council approved $800,000 to estabiish the RNT. This money came frrarn Housing
Investment Funds derived fram generat City revenues
Additionar Descripiron
The R.MP has becn established to support the Gity af Pvrtland's 10-Year Plan tv End Homelessness.
As one component of the CiVs Plan, the City is encouraging affordabje housing develapers ta
develup units dedicated to senving adults and families residing in Permanent Supportive Housing.
The guiding principal of the RW is to support housing providers who agree to provide PSH, by
vffsetting po#entia1 increased financiat risks (beyond those typical ofaffardable hausing) associated
with operating PSH units.
Rapid Exit Program, Hennepin County, Minnesota
Program Description
The Rapid Exit Frogram is an innovative program that: facilitates rapid re-havsing by relying aa early
identificatio❑ and resolution of a family's or individual's "housing barriers74 and providing the
assistance necessary to facilitate their return to pernnanent housing. Based on fihe assessment of a
family or individual's housing barriers, a referral is made to a subcontracting agency best able to
respond to the client's housing needs. This approach prioritizes the rapid return to housing and
provides the assistance necessary to achieve housing stability. While the target pvpulation of the
Rapid Exit Program is thase families and individuals who have moderate #o severe barriers tp
obtaining market housing and are currently residing in the county futided shelter, the cvncepts used
are applicable to fhe housing issues of ex-offenders and poteatial incentives to landlvrds,
Within one rveek of entry to the county funded shelter, the family or individual is referred to a Rapid
Fxit Caordinatar for a housing ban-ier assessment. T'he assessments incarporate a loca.lly develvped
scale that reflects client characteristics and challenges that make local landlords reluctant ta rent ta a
famRy or otherwise make 1ocating housing difficult. To facilitate client disclasure, the Rapid E-x h
Caordinator services are subcontracted to a private, non-pra.frt agency with which the ciient can feel
mare cainforiable shari.ng inforcr3atioa. 'T'he Rapid Ex.itt Caordinaior also makes crim'vnal, credit, and
I housing checks on the ctieats that are also likely to be done by prospective landlords. Based on the
assessment conducted by the Rapid Exrt Cvardinatar, the individual or fainily is referred to ane af the
agencies Hennepin County has cantrac#ed with to provide clients with individualized assistance ta
iacate and secure housing or provide transitional housing. Nan-contract+ed agencies will also accept
referraLs from the Rapid Exit Coordinaior.
Landlnrd IncenHves/Profectiorrs:
I-andlord Incentives and Protectaoas: Encoureging Landlards to Rent to Recove+ring Substance Abusers 13
• Paying double security deposits for those with poor rental history.
• Providing landlords with up-&ont unlawful retainer/eviction costs deposits so the Iandlord
will not absorb aU of the risk.
• Co-signing leases.
• Paying holding fees, a new fee to keep an apartment available while the landlord considers the
application of the "troubled" tenant - sometimes refundable, sometimes not.
• Rema.ining responsive and committed to provide on-going case management intervention with
the client and assist the landlord in resolving issues that places the client's housing in
jeopardy.
• Froviding dedicated stafftime to locate potential housing units and maiatain an on-going
relationship with Iandlords and responsible landlord associaiion groups in their area.
• Advocacy to promote the "usability" of housing vouchers by reducing landlord disincentives
to entering the program.
Restslts/Outcomes
Hennepin County contracts with the Wilder Research Center to maintain a data reporting and
outcome system oa ind.ividuals and families served by the Rapid Exit Program. According to the last
biennium report, 2,463 households (8,976 members) were screened and referred by Rapid Exit
Coordinator and 1,714 households (6,933 members) were served in Rapid Exit Program. With a
program targeted to those with moderate to severe bamers, the outcome data demonstrates greai
success, particularly in light of an extremely low vacancy rate (1 percent) in the metropolitan area.
Even though 34 percent of households served by the Rapid Exit Program had been homeless before,
only 9 percent returned to a shelter after receiving services funded by FHPAP in the foUowing y+ear
and 85 percent did not return within two years. For those who did return, their average stay in
homelessness declined by more ihan half, from 29.5 days to 10 days.
Program Funding
The program uses a combination of Minnesota Family Homeless Prevention and Assistance Program
(FHPAP) funds and the HUD Supportivz Housing Program (SHP) and Emergency Shelter Grants
Program (ESG). The fuads are used to pay for the Rapid Exit Coordinator and provide the on-going
case management and services that help stabilize individuals and families in homes that are not
eligible activities or extend beyond the time limits set by HUD programs. As the HUD funding is
typicaUy more restrictive, FHPAP funds are used to complement and extend services.
Additional Description
Hennepiri County is a state and national leader in developing new tooLs to rapidly re-house families
and individuals experiencing homelessness. The Rapid Exit Program was not only designed for both
as,suring that persons were re-housed quickly to stabilize their housing, but to provide the tenant and
landlord supports to assure they remain housed. As pact of the program, the contracted agencies
provide individualized assistance to locate and secure housing. Such assistance may include:
• Direct financial assistance for application fees, deposits, and other household "start up" costs.
• Direct financial assistance to resolve other barriers to housing is provided as part of a pilot
project and includes activities such as resolving outstanding debt.
• Legal assistance.
Landlord Incentives and Protections: Encouragiag Landlords to Rent ta Recovering Substance Abusers 14
• Case maaagement to resolve personal issues that are, or may become, barriers to achieving
housing stability.
• Assistance securing furniture and food.
• Provision of short-term or longer-term transitional housing as indicated by the housing barrier
assessment and need to reestablish a stable rental history.
• Provision of follow-up case management and referral to stabilize families in their homes
following rapid reentry to permanent housing.
• Intervening to keep housing units affordable when housing developments for low iacome
people are sold to a new owner.
Housing Stability Plus Program, New York City
Program Description
The New York City Housing Stability Plus Program (HSP) uses rental subsidies provided under the
program in combination with mainstream resources to assist homeless households who are Iong-term
clients in the City's homeless service system. The rental assistance is supported by landlord
incentives to encourage leasing of permanent housing in the private market.
Unlike many rental programs, this program does not use housing vouchers or public housing
resources but relies heavily on mainstream beaefit programs to cover the cost of private market rental
housing beyond the HSP subsidy. Rent paid to landlords under the lease consists of SHP subsidies,
public assistance shelter allowances received by the tenant, tenant rent, and if applicable, 30 percent
of SSI payments. HSP rental assistance is provided over a five-year term, with tbe HSP assistance
dropping by 20 percent in eacb year of the program so that the tenanl's dependency on outside
assistance is reduced each year.
Participants are referred from case managers who must complete aa assessment before they are
provided housing placement services and rental assistance under the program. Existing homeless
supportive services are provided by agencies through on-going programs.
Landlord Incentives/Protections
Landlord incentives available under the program include:
• Significant up-fxont payments to the landlord of three months advance rent plus the pro-rated
first moath's rent.
• A security deposit consisting of one month's rent.
• Private landlords are used in a consulting role to help evaluate and adjust the program design.
A landlord hotline is alsa used to maintain a list of qualified laadlords for lhe program.
• A unique feature of the program is a 15 percent finder's fee for real estate brokers who fiad
apartrnents for participants to lease.
• A strong real esiate broker outreach program has served to increase the number of apartments
that have become available for participants.
Landlord Incentives and Protectians: Encouraging Landlords to Rent to Recovering Substance Abusers 15
Results/Outcomes
Populations served to date include 6,400 households with children and 1,600 without children (410
single individuals). By the end of first 18 months of the program only 100 households had dropped
out and returned to shelter systems.
Program Funding. About 50 percent of the funding resources come from Temporary Assistance for
Needy Families (TANF)/Social Security Insurance (SSI), 25 percent are State contributions and 25
percent come from city levy taxes.
Master Leasing
The following is a description of a rype of program, rather than a specific program that ha.s been
implemented.
Progrcrm Description
Master leasing can be used to provide either permanent or transitional housing. Using this strategy, a
social services agency or hovsing provider leases individual units, blocks of units, single-family
homes, or an entire building. Tbe agency is the lease-holder and assumes responsibility. The units are
then sub-leased at an affordable cost to program participants.
Masfier leasing works best in communities with an active market in residential rental properties in
healthy neigb.borhoods. It also is effectives in cases where owaers have vacant structures and have
not yet determined its use or the extcnt of reha.bilitation to be undertakea Lancilords can receive long-
term rent guarantees prior to iniciation of the rehabilitation, helping them to obtain financing. Some
models include up-front capital payments to the owner to help finance the rehabilitation.
To be a successful housing model for those with criminal, drug, mentai heallh, or homelessness
histories, support services should also be available that can meet the needs of residents in the leased
location(s).
Advantages
• As primary lease-holder, the social service or housing provider agency assumes responsibility
for rent, damages, etc.
• There is opportunity for a built-in support network when the social services agency is the
primary lease-holder and service provider to the tenant, increasing the tenants chances for
success.
•Housing providers can secure units quickly with master leasing.
• Opportunity for longer term leases with rental guarantees.
• Allows residents to build rental history and develop living skills while receiving supportive
services.
• Community acceptance issues can often be avoided by pursuing this strategy.
• Residents can integrate into the community.
Disadvantages
• Tf it is necessary to displace residents in a building to be leased, relocation can be complicated
and expensive.
Landlord Incentives and Pcotections: Encouraging L,andlords to Rent to Recovering Subststnce Abusers 16
• The cvndition of a leased building needs ta be assessed carefully, and s#aff may be needed to
handie interior maintenance issues.
• T'he Iack af a centralized support-service space can be prabtematic.
• Staff members need to cultivate and maintain relationships with the landlard.
Landlord Yneentives and Pror.mtians: Encouraging Landlords to Rent to Recavering Suhstance Abusers 17
Example Landlord Incentives Elements
This seetion provides three sets of landlord incentivelprotection elements. Each of the example
elements sets targets a specific population:
Euample A: High-Risk Tenants
Example B: Moderate-R.isk Tenants
Example C: Low-Risk Tenants
Each example includes a brief description of the probable tenant characieristics, and the advantages
and disadvantages of each set of elements. Although these elements are drawn from the promising
practices described in the previous chapter, any efforts based on ihese elements should be rigorously
evaluated to measure outcomes.
Example A: High-Risk Tenants
Client Description
Typical tenants in the high-risk category may be those with multiple difficult issues such as:
• Recent release from jail for drug related offenses.
• On probation or parole for drug related conviction.
• Drug related conviction ia the prior 1-2 years.
• Multiple chemical depeadency treatment episodes.
• Recent eviction(s).
• Significant prior damage to a rental uait.
• Owe damages or rent on a previous unit.
• Presence of co-occurring disorders (mental health, behavioraUsocial).
• Oa-going drug abuse.
Set of Elements
The elements most likely to be attached to high-risk tenants are those that provide significant
financial assurances or compensacion to landlords, as weU as a social services connection for the
tenant in order to increase their likelihood of success in renting. Landlord incentives that could be
implemented to house high-risk tenants could include one or more of the fullowing:
• Private landlord master leases unit(s) to a social services agency or housing provider for a one
to five year lease period. As the primary tenant, the services provider accepts all
responsibilities outlined in the lease and then sublets to clients, providing services as
appropriate. Renl and payment for damages is guaranteed through the service provider as
primary lease holder.
• Payment of insurance premiums for excess insurance coverage (to pay for the difference of
bringing the landlord's total liability insurance coverage to $1 million).
• Above-market rent to compensate for potential rent losses.
Landlord Incentives and Protectians: Encouraging Landlords to Rent to Rocovering Substance Abusers 19
• Increased damage deposit.
• Damages (for costs beyond deposit) and legal cost guarantee fund of $8,000 per clieat.
• Holding fees (payment of rent while tenant is clearing credit checks or in a crisis bed or in
treatment temporarily).
• Mandatory social services connection for all clients.
• Agencies co-sign leases with clients.
Advantages
• With a master lease, the service provider is primarily respoasible for all aspects of the lease.
The landlord is assured of receiving rent under a long-term lease with the agency and the
tenant 6as a guaxanteed service connection, increasing the likelihood of successful tenancy.
• Significant additional financial compensation up-front and guaranteed resowces to cover
potential futwe costs for rent, damages, and legal fees.
• Limits of assistance known to landlord.
• Successful rentals potentially offset poor rental experiences.
Disadvantages
• Disadvantages to master leasing include a more complicated eviction or tenant displacement
process and potzntial for becoming known as a unit/building that houses substacice users or
offenders.
• Lack of centralized support services space can reduce availability of services to tenants. This
may be problematic for the landlord if services were the reason they agreed to participate.
• Potential administrative burden in turning over units (if not master leasing).
Landlord Incenrives and Protections: EacourAging Landlords to Rent to Recovering Subst$nce Abuscrs 20
Example B: .IlAoderate=Risk Tenants
Client:Description
T.ypical teaanLs; in the moderate-risk category: may be those with issues such as: • Drug, relafed criminal history.
• His'tory of chemical dependency treatment.
-0 Poor orno rental history.
e: Past- eviction- or notices to comply, or vacate.
•_Bad ciedit-.
: Unpaid-rent.•
Set, of Elenients
Tlie; elements, most likely to be attaclied, to inoderate-risk tenants. are:
• Above,market•rent to cornpensate for potential lost rent.
• Increased rent and damage deposits.
: Dacnage and legal' cost guarantee.,
.0 Increased.insurance prem'ium 'payaients.
„e -Hotding fees.
. • Agency, co-signing lease.
- o .Rent subsidies.
A-dvahtages.
•:Significant~additional financial compensation up-front and/vr guararateedresourceAs to. cover
potential future cost§'for.rent,.damages, and legal fees.
o ILimits-of assistance knowa-to, landlord.
• Successful"rentals potentially:offset poor rental experiences.
Disadvantages
• Potential admin.istrative burden in turning over -units..
Example C: Low=Risk Tenants
Clienl Description
Typ'icallenants in the lo.w-risk category-may be those with jssues, such as:
e One:=Wemeanor drug offense:
e 'Ooe-cbem'ical dependency treatment.
e P.oor -or limited rental lustory.
e Limited financial-resources.
ering, SubstanceAtiusers
Laadlord. Inceatives and~Protecdons: Encouraging Landlords*to R~t to~ Recov 21
Set of Edements
Nate: Many of the incentive elements for tue moderate-risk tenant group could also be applied ta the
Iaw-risk group. The elemen#s mast likely to be attached to low-risk tenants are:
• Increased rent and damage depasits.
• Rent s'ubsidies.
• Finders feeds.
• Lease negatiatioa fees.
• Payment for credit checks.
Advaniages
• Additional financial compensatian up-frant thraugh rerat deposit and damage depasit.
• Successfui rentals potentially offset paor rental experienees.
• Additional potential advantages if same of the moderate risk incentives are alsa implement.
Disrxdvantages
•Would need to instikute some ofthe moderate risk incentives to pravide increased fmancial
security to landl.ord.
Lsndlord Incentives and Protecfiors: Encouraging Laudlords to lteat to Recovering Substance Abusers 22
MEETING SUMMARY
REGIONAL AFFORDABLE HOUSING TASK FORCE
SPOKANE HOME BUILDERS ASSOCIATION OFFICE
5813 E. 4~' AVENUE
MAY 28, 2008, 3-5 P.M.
ATTENDEINCE: Arlene Patton, Bill Fattic, Jason Wheaton, Terri Symbol, Steve Taylor, Cindy
Algeo, Chris Venne, Ray Mooney, Bob McVicazs, Jim Kirschbaum, Randy Barcus, Steve
Cervantes, Rob Higgins, Ray Rieckers, Tobby Hatley, Mick McDowell, Shannon Meagher,
Darryl Reber
ABSENT: Jim Kolva, Marty Dickinson, Wendy Van Orman
STAFF PRESENT: Mike Adolfae, Christine Barada, Dan Cotter, Tim Crowley, Dale Strom
MEETING S Y:
Meetings will be 8-10 A.M. oa the 4hWednesday of every month. The next meeting, June 25,
2008, will be from 9-11 AM due to a conflict with another earlier meeting.
Review of background information, including needs and resources:
• Dale Strom and Cindy Algeo reviewed background information referencing materials
distributed to task force members.
• Mike Adolfae reviewed a handout on city resources and matching program, e.g. HOME
program.
• Tim Crowley and Christine Bazada reviewed materia.ls handed out on Spokane County's
Community Development Program.
• A,rlene Patton reviewed materials distributed on HLJD programs available to the Spokane
area.
What does affordable housing mean to you?
Mick McDowell, "We should focus on the under 40K crowd. My nieces!"
Jason Wheaton, "Transportation costs need to be considered."
Cindy Algeo, "We should laok at all income groups to meet each one's needs."
Affordable Housing Survey, Cindy Algeo
Results of the survey will be reviewed at the next meeting.
Survey questions were asked to find out about perceptions of Affordable Housing
Programs in the community.
Next Meeting
Continue discussion of available programs - Spokane Housing Authority
Housi.ng needs & barriers to overcome City and County will provide
Task Force results from Association of Realtors
Make statement of goals
Look for i.nforniation on successful Affordable Housing Programs from around the country
Attachment D
i
MEETING SUMMARY
REGIONAL AFFORDABLE HOUSING TASK FORCE ~
SPOKANE HOME BUILDERS ASSOCIATION OFFICE
5813 E. 4`h AVENLJE
JUNE 257 2008, 9-11 A.M.
ATTENDANCE: Arlene Patton, Bill Fattic, Andrew Worlock for Jasan Wheaton, Terri Symbol,
Cindy Algeo, Chris Venne, Ray Mooney, Randy Barcus, Steve Cervantes, Rob Higgins, Tobby
Hatley, Mick McDowell, Shannon Meagher, Darryl Reber, Bill Gothmann, Tom Richardson
ABSENT: Jim Kolva, Marty Dickinson, Wendy Van Orman, Bob McVicars, Jim KirschbaLUna
Ray Rieckers, Joel White
STAFF PRESENT: Mike Adolfae, Christine Barada, Dan Cotter, Sara Orrange, Dale Strom
MEETING SUN2MARY:
Explanation of programs and services of the Spokane Housing Authority, Steve Cervantes.
Affordable Homeownership Task Force Summary by Sara Orrange, with an explanation of land
trust by Chris Venne.
Results of Affordable Housing Survey, Cindy Algeo.
Discussion of the needs of different groups:
• Bill Gothmann, "We need a plan to develop skills for the needy to enable them to earn
more."
• Arlene Patton, "What resources do we have available to determiae the needs of the
community? We need a county-wide report to identify current community needs."
• Chris Venne, "Can we identify a few groups and study their needs?"
Subcommittee formed to identify groups and to detennine the greatest need:
Cindy Algeo, Randy Barcus, Tim Crowley, Dale Strom aad Chris Ven.ne
Discussion on maximizing current resources:
• See Mike's notes
• City/county owned property that could be used for an affordable housing project?
• Hope 6 money, Chris Venne
Creation of new local housing resources
• Removing expenses and other barriers, i.e. looking at local codes, re-zoning and density
bonus.
• Mike Adolfae, strategic vnisastructure investment by the city to plan for future centers.
Attachment D
MEETING SUMViARY
REGIONAL AFFORDABLE HOUSING TASK FORCE
SPOK:ANE HOME BUILDERS ASSOCIATION OFFICE
5813 E. 4h AVENUE
JLJLY 23, 2008, 8-10 A.M.
ATTENDANCE: Arlene Patton, Kim McCullum for Bill Fattic, Terri Symbol, Cindy Algeo,
Chris Venne, Steve Cervantes, Tobby Hatley, Mick McDowell, Darryl Reber, Tom Richardson,
Ray Rieckers, Jim Kirschbaum
ABSENT: Randy Barcus, Marty Dicki.nson, Jim Kolva, Wendy Van Orman, Bob McVicars,
Joel White, Jason Wheaton, Ray Mooney, Rob Higgins, Shannon Meagher, Bill Gothmann
STAFF PRESENT: Mike Adolfae, Christine Barada, Dan Cotter, Dale Strom
MEETING SUMIMARY:
KOOTENAI COUNTY AFFORDABLE HOUSING TASK FORCE REPORT
- CHRIS V'LNNE
Stated that the KCAHTF grew out of North Idaho Jobs Plus Program
North Idaho Housing Coalition. Its goals are:
• To certify projects
• Landbank
• Est. home equity sharing program
• Public education program
PUBLIC EDUCATION PROGRAM - TOBBY HATLEY
Oudined a plan for effectiveness. Stated the need to decide who program will serve, that a pilot
project would be the best next step and that it will need funding.
Explained Paxks Board issue
• Phone poll research-
• Grave us the key element for the bond issue
• Communicate: a pilot project for example
• Key issue: who is in charge: government, non-profit, etc.
Rieckers - We need to have good convnunication with the neighborhoods. Would the Housing
Commission or CTED want to contribute?
, Cindy Algeo -Maybe no specific group is necessary.
METHODS TO IMPROVE IDENfiIFICATION OF AFFORDABLE HOUSING NEEDS
~
SUBCOMMITTEE REPORT - DALE STROM
Attachmeat D
Need to identify housing needs of community and ID the gaps.
Early findings included:
• Need 4,000 new housing units per year to meet demand.
• The area is significantly underzoned for mulri-farnily.
• A housing condition study done five years ago within thc city found 1200 units in poor
condition, equally split between owner and rental.
• There have been significant shifts in the age profile of neighbArhaods.
• Health is a bigger reason for moves by the elderly than is income.
Will need to meet again.
MAXIMIZE USE OF CURRENTHOUSING RESOURCES AND DISCUSSION OF
GENERAL FUNDS RESOURCES TO SUPPORT. E.G. INFRASTRUCTURE
IMPROVEMENTS
Venne -Hope VI program clarification. Mentioned that downtown Vancouver is agood
example.
Cervantes - Housing Authority Bonds.
Algeo - Gaps & Needs. 2006 American Community Survey. Mental Health Report
We need to use these reports to determine development goals.
Mike Adolfae - consolidated plan could be used.
Arlene Patton - HMIS System, HUD system to track homeless needs could be useful.
NFXT MEETING
Focus on establishing RAHTF goals.
Attachment D
~
MEETING SLIMMARY
REGIONAL AFFORDABLE HOUSING TASK FORCE
SPOKANE HOME BUILDERS ASS()CIA.TION OFFICE
5813 E. 4" AVENUE
August 27, 2008, 8-10 A.M.
ATTENDANCE: Arlene Patton, Bill Fattic, Cindy Algeo, Steve Cervantes, Bill Gothmann, Mick
McDowell, Shannon Meagher, Ray Mooney, Darryl Reber, Terri Symbol, Chris Venne,
ABSENT: Tobby Hatley, Tom Richardson, Ray Rieckers, Jim Kirschbaum, Randy Barcus,
Marty Dickinson, Jim Kolva, Wendy Van Orman, Bob McVicars, Joel White, Jason Wheaton,
Rob Higgins
STAFF PRESENT: Mike Adolfae, Dan Cotter, Time Crowley, Sara Onange, Dale Strom
MEETING SUIVIMARY:
TEN YEAR PLAN TO END HOMELESSNESS - CINDY ALGEO
Cindy Algeo handed out a five page drafl on Guidi.ng Principles and Ten Year Strategies for
Ending Homelessness in Spokane County, 8- I 4-08. Among the recommended strategies is
instituting Rapid Re-housing as a inajor tool, maxinuzing the use of Leased Housing.
Mick McDowell - It is crucial that we get numbers of homeless demographics so we can
determine what is required.
Bill Gothmann - Part of homeless/paahandling demographic moves arouad a lot. Also, not all
panhandlers are homeless, as well as not all homeless are panhandlers. The communities of
panhandlers are a blight on the community for many reasons. Anchorage it is illegal to give
money to a panhandler from a vehicle in a travel lane. Much of the money given to panhandlers
goes to buy alcohol or drugs. Education of the community would help.
Arlene Patton - Whatever Spokane Valley does, the City of Spokane should know about it and
be apprised so that the problem in the Valley is not just driven down the road to Spokane.
I30USING AND RECOVERY ACT OF 2008 - CINDY ALGEO, BILL FATTIC
Taken to address the sub-prime mortgage crisis. Fixst capital program for affordable housing
since the 1980's. There vvon't be any funds unti12010. Trust fund is meant to be benefit low
income households. Goal is to create 1.5 million new homes for low income farnilies.
Distribution of funds still needs to be worked out. Amount given to each state will be
determined by percentage of low income families.
Administration of the Act is in its infancy. More informadon will be available in September.
Handouts made available to task force outlining the Act.
Arlene - What has changed in FHA Program?
Attachment I)
New law states that there can be ao seller assisted homeownership program. NEHEMIAH
Program has had less than half the default rate of the FHA program.
Chris Venne - Significant changes to Tax Credit Law. Increase to per capita amounts. 9%.
Arlene Patton - Bill Fattic, please ask Jack Peters, what kind of money does HUD have to use for
matching resources.
PLAYFAIR PUBLIC HEARING - C1NDY ALGEO
Spoke at hearing and asked that 20% be set aside for the development of affordable housing.
East Central Neighborhood is putting together a response for the RFP. SCAFCO is interested in
beiag part of the program.
Locally owned land, can that help with the site control needed for affordable housing.
Developers can then look at available State resources. One of the barriers of Affordable housing
is the need by HUI) for site control so early in the process. We need to plan ahead and identify
land that could be uscd.
SUBCOMMITTEE REPORT ON NE-EDS - DALE STROM
Dale Strom handed out a one page listing of Prototype Households for Tracking Access to
Affordable Housing.
There is a need to identify types of housebolds that are not being served.
The Subcommittee recognized the need to put a face to housing need. The Need Subcornmittee
is recommending that an entity like a university be found to undertake an annual update of
information, tracking the numbers of, and services to, the various types of households on the list.
Chris Venne - If we had more adequate data to work from, there would be no need for this kind
of work. Anecdotal data, available dafia, then track the changes over time. Paring these down to
individual stories may make this easier for a person to identify with.
Arlene Patton - HMIS collects a lot of this data at HUD. Coordinating the data that is collected
would improve our ability to track the needs of the community.
Cervantes - Homeless youth below 18 years of age and those persons living in substandard
housing should be added to the list.
Bill Gothmann - We need to be sensitive to the privacy of citizens and limit the amount of data
we collect from individuals.
Chris Venne - We will be coordinating available sources of data and not collecting original data
ourselves. Would be a good idea for an ongoi.ng intemship or vest the collecting and
maintaining of this data in a local organization or university.
BREAKOUT SESSIONS
Attachment D
#2 Maximum Use of Current Housi.ng Resources:
Jason Wheaton, Jim Kolva, Steve Cervantes, Ray Rieckers, Terri Symbol, Ray Mooney, Mick
McDowell, Sharmon Meagher, Bill Gothmann, Tom Richardson
Need to come to a consensus as a community to identify points. Public policy is crucia.l to
housing costs, permitting, inspection costs, etc. Need to identify resources ta then know how to
use them.
• Aligninent or priorities and impacting funding sources.
• Property managers - Revise screening criteria.
• Public policy - land use and zoning, building and fire regulatory cost
#3. Creation of New Loca1 Housing Resources:
Cindy Algeo, Jim Kirschbaum, Mazty Dickinson, Chris Venne, Bill Fattic, Randy Barcus, Rob
Higgins, Darryl Reber, Wendy Van Orman, Joel White
Legislative as opposed to jurisdictional issues. Small lots. Build density for transportation costs.
Workforce housing legislation &om Koatenai County concerning workforce housing will be
provided by Chris Venne. Cities should look at their infrastructure to be prepared for and
incentivize development. Better educational campaign on affordable housing. Transit system
needs to serve more azeas for easing costs for homebuyers.
Gothmann - smaller lots do not necessarily translate to affordability. Interesting statistics on a
aational level that weren't expected outcomes. Spokane is listed as # 1 for affordability. VWe
should look at communities like ours, with better affordability to know what would be best
practice for our ciry. Seattle would not be a good example as many of the small lots are in
expensive neighborhoods.
We should look more at townhouse development and other methods of higher density housing.
Next meeting -ARll continue with tbese ideas - Arlene Patton
Attachment D
MEETING SUM1VIARY
REGIONAL AFFOR.DABLE HOUSING TASK FORCE
SPOK:ANE HOME BUILDERS ASSOCIATION OFFICE
5813 E. 4" AVENUE
September 24, 2008, 8-10 A.M.
ATTENDANCE: Arlene Patton, Bill Fattic, Cindy Algeo, Randy Barcus, Steve Cervantes, Bill ~
Gothmann, Tobby Hatley, Shannon Meagher, Ray Mooney, Darryl Reber, Terri Symbol, Chris
Venne, Jim Kirschbaum
ABSENT: Marty Dickinson, Rob Higgins, Ji.m Kolva, Mick McDowell, Tom Richazdson, Ray
Rieckers, Wendy Van Orman, Joel White, Jason Wheaton
STAFF PRESENT: Mike Adolfae, Christine Barada, Dan Cotter, Leroy Eadie, Christy
LaFayette, John Peterson, Dale Strom
MEETING S Y:
CITY OF SPOKANE: CURRENT REGULATIONS AND OPPORTUNITIES TO IMPROVE
THEM - LEROY EADIE, PLANNING DIIZECTOF, CITY OF SPOKANE. AND JOHN
PETERSON. SPOKANE COUNTY PLArTNING DEPARTIVENT
Presenfied information about Cottage Hausing; Townhouse (Zero Lot Line), and Accessoiy
DweUing Units.
Cottage Housing
• Not working as well as hoped
• Authorized with development code 2005/2008
• Can do up to 12 units w/o subdividing
• Iience, must rent or sell as condo
• Considering gaing from 12 units/acre to 15-20 units/acre
• Considering larger number on square foot size of units
• Try-ing not to compete with single family market
• Parking is aa issue ~
Housing regt,ilations info sheet with Site Development Standards and Building Design Standards
distributed. ~
Spoke about importance of educating the surrounding neighborhood as to what exactly Cottage
Housing entails.
Comparison of the County's policy on Accessory Dwelling Units vs. the City's Cottage Housi.ng.
Explanation of design features that improve the aesthetic appeal of the Cottage Housing, as well
as current obstacles to infill projects and possible sites for future projects.
Does either jurisdiction have any incentive for affordable housing? -Chris Venne
Attachment D
There is little to no financial incentive to create affordable housing the way it stands.
Bill Gothmann commented on the City of Spokane Valley. Accessory dvveiling units are not
allowed. Dishman Squaze is a good example of a project that went smoothly and was a success.
Mentioned the need to define what Affordable should be. Presented results of a study comparing
different density cities that showed higher density cities had a lower affordability. Also
presented staiistics that show Spokane to be one of the best cities in the wesf for affordability.
KOOTENAI COUNTY WORKFORCE HOUSING - CHRIS VENNE
Presented a handout containing a draft of the County Wide Workforce Housing Resolution for
Kootenai County.
North Idaho Housing Coalition
• 20% density bonus if affordable housing
• Fees at end of process rather than beginning
• Led by former planning d.irector in Post Falls
• Certification role for NIHC for providing bonuses by jurisdiction
Packet distributed to the task force by Bill Fatt.ic listi.ng Federal Housing Programs that includes
Target Population, Eligible Applicants, Fund.ing Requiremeats and Activity Type for each
program.
BREAKOUT SESSIONS
42 Maximum Use of Cturent Housing Resources:
Steve Cervantes, Terri Syinbol, Ray Mooney, Shannon Meagher, Bill Gothmann, Christy
Lafayette, Mike Adoifae, Dale Strom
Meagher - both City and County have no true finaacial incentives for affordable housing
Adolfae - perhaps SLIHC could develop a list of existing legislative incentives that would be
possible for local jurisdictions to consider for adoption
Symbol - there could be a shift in public policy from promoting home ownership to supporting
rental housing
Symbol - very important to align local priorities, especially in the allocation of 2063 and 2163,
with City and County HOME priorities
Cervantes - one problem in local priorities is the targeting of downtown projects/propert.ies,
which is on the most expensive land - leading to high per-unit costs
Meagher - could use an inventory of public land resources
Cervantes - could be a greater use of tax increment financing
Attachment D
Closed vvith a discussion as ta whether or nvt affarclable housing is a responsibility vf local
government.
As to the questian af responsibility of Iocal gavernrnent in this, there xs a clear tie of affordable
housing to ecanamic developmeni - Chris Venne.
#3. Creatian of New Local Housing Resources:
Gindy Algeo, Ji.rxi Kirscbbaum, Marty Dickinsan, Chris Venne, Bill Fattic, Randy Barcus, Rab
Higgins, Darryl Reber
Suggestian to propose pilat prajects that offer a faster track thrvugh the develvpment process.
What axe the incentives for d+evelopers and ean we crea#e any?
Itequest was made by Arlene Patton for Cindy Algea to prvvide her nates 4f the discussion.
Let's identify turo ar three policy issues or legislative fixes and promote them as agroup at all
levels of government.
Algev - There will be a focus group in Spokane during October in additian to a p►aIl in Spokane
Gounty in Nvvember to present a list of messages to the two groups to in+d aut what the public
feels is impartant abaut affardable housing.
Hatley - What are we going ta say and who are we going to coinznunicate it to? VVe need ta get
the word out to the public about the programs and possible chaices for thein to decide upon.
Then, ta take those apinions of the community to laeal businesses and arga.nizations to roat vut
possible support.
Patton - We need to bting out a list af the true costs relating to affordable housing to passibly
show a juxtaposttian of the cast of inental health care vs, prison.
Attachrnent D '
I
MEETING SUMMARY
REGIONAL, AFFORDABLE HOUSING TASK FORCE
SPOKANE HOME BUILDERS ASSOCIATION OFFICE
5813 E. 4" AVENUE
October 22, 2008, 8-10 A.M.
ATTENDANCE: Arlene Patton, Bill Fattic, Cindy Algeo, Feggy Burrell for Ray Rieckers, Steve
Cervantes, Tobby Hatley, Jim Kirschbaum, Shannon Meagher, Ray Mooney, Darryl Reber, Terri
Symbol, Chris Venne,
ABSENT: Randy Barcus, Marty Dickinson, Bill Gothmann, Rob Higgins, Ji.m Kolva, Mick
McDowell, Tom Richardson, Wendy Van Orman, Jason Wheaton, Joel White
STAFF PRESENT: Mike Adolfae, Christine Barada, Dan Cotter, Christy LaFayettea Dale Strom
MEETING SUMMARY:
TASK FORCE TO REVISE THE 10 YEAR PLAN TO END HOMELESSNESS - Cindv Alaeo
Cindy Algeo stated that a draft copy is available. The Task Force welcomes comments on the
draft and the Seven Strategies they have developed. Cindy agreed to send Dan Cotter copies of
the xesolutions and he will distribute to RAHTF. The focus is to get families into permanent
housing vs. shelter.
RSN'S COMMON GROUND REPORT ON HOUSING MENTALLY ILL CITIZENS -
CHRISTINE BAR.ADA
Spokane Caunty Mental Health Housing Needs Report - Prepared by Common Crround, October
9.2007.
Executive Swnmary
The goal of the housing strategies is to increase overall affordable housing producrion in the
Spokane area to a level of 100 new housing units for the very lovvest income households each
year. In the first few years, at least 50 units per year should be dedicated units for mental health
service clieats.
The recommended straiegies include:
• Maximize use of public funding for housing affordable to the very lowest income
• Provide incentives for housing developers
• Pmvide incentives to rental property owners
• Increase collaboration between local funding agencies to jointly fund housing capital,
operations and services for projecis servi.ng the hardest to place clients
• Consider adding peer housing models
• Participate in local and state housing plaaning and advocate for policies that promote
housing for mental health services clients.
Attachment D
Each of the strategies could be implemented through a variety of actions.
Mike Adolfae: We are involved in the Walnut Comers project which has 18 units for chronic
mentally ill citizens.
PROTOTYPE HOUSEHOLDS FOR TR.ACKING ACCESS TO AFFORDABLE HQUSING -
DALE STROM
Dale redistributed the handout: Prototype Households for Tracking Access to Affordable
Housing, including new additions.
Arlene Patton: One question that axises when we help parts of the community is, is there anyone
we have forgotten?
Chris Venne: Please send in any ideas you have for different sources of data we could use for
each household type on the list. This might help an institution decide to undertalce periodic
updates of need by household type.
Dale Strom stressed the necessity of putting a face on the need for housing.
WORK ITEM # 5- PUBLIC EDUCATION PROGRAM
Tobby Hatley: Any sort of public education program isn't goi.ag to happen overnight, but there
will eventually be great ideas that come out of this. We need to go out and meet with the
community members io share this information. Once we have the materials, then we can take the
next year to develop the program.
Arlene Patton emphasized the importance of to communicating to the community what is
affordable housing and how it will actually benefit them.
Tobby Hatley said that in this challenging financial environment education of the commuaity is
unportant since we will need money to move the project along.
About ten or 15 years ago the City, County and the Association of Realiors in.itiated a prograni to
promote the increase of homeownership in Spokane County. An outgrowth of that effort was to
financially support a program for first time homebuyers. It would be helpful in these times to
have a similar program available, perhaps in conjunction with HUD and the banks.
Bill Fattic said there is an effort underway to focus on forecIosed (FHA) properties.
Arlene Patton suggested we think outside of FHA.
Mike Adolfae: At the end of this process I would at least like to have a list of specific actions or
recommendations in our final report to take to the respective legislative groups for consideration.
Terri Symbol eommented that the major banks we deaJ with aze currently on hold. OF the
investors we are currently working with on affordable housing, nobody is interesting in looking
at small projects. Criteria for funding has tightened up.
Attachment D
~
~
BREAK{][.JT SESSIONS ON TASK FORCE WORK TTEM # 4- ESTABLISH R.EGIONAL
A.F'FORDABLE H4U5ING GOAI..S AND AN I:IvSPLEMENTATIf}N STRATEGY - AR.LENE
PA7`I`(]1V
RFPORT BAGK tJF BREAKUL7T GROUPS - S'TAFF
Graup 43: Cindy Algeo
It's hard to establish goals, when housing resaurces are currently so Iimi.ted! Not only is ifi
difricult to acquire deveiapment doUa.rs, funds to help with operations are also shrinking.
SNAP reports that calls are patuing ib lamenting the lack of hausing rentals and lack of rentai
assistance.
QneStopH.ousing.org receives 5 to 10 phone cails per d.ay. The callers are 0 to 17°lo af Area
Median Ineame.
SNAF reports tha# in 2007 there were 300 local foreclosures ; Almost 840 foreclostires are
exgected in 2005. SNAI' says that falks have loans that they shonld have been approved to have.
Hameorvners are becoming renters, adding pressure to au already tight rental mazket.
Even if pevple do qualify to purchase a horne, the new strict lende.r cri~eria makes it difftcult.
xhe gaad news: Solid hameownership prograuns are still very successfuI, such as Community
Frarneworks' Homestarts program and SNAP's down payment assistance pragrarn, because
prograrn p2uticipants receive good training a.nd guidance and are only qualified for loans that
they can affard.
Christine Barada reported that the Spakane Cotimty HGAP grant particigants are receiving goad
renter education thraugh fihe Respaasible Renter cwmculum.
Chris Ventte. We need to identify the segments of the populatiQns that are not being served by
the nonprofit, public or far-proit rnarkets.
Darryl Reber: We need to collabarate with businesses to retain j abs, and ensure tlaat our tenants
are xeceiving life skills irainigg, so that they can take care of their apartments.
Christine: In light of the current financial crisis, we should establish short term and Iong term
abjectives.
Short term
1) TViaint.ai.n what we have
2} Keep awaers in their homes
3) Assist renters
Attachment D
4) Help landlords retain tenants
5) Highlight programs that aze doing a great job.
Long Term (when funding is more readily available) '
1) Regionally, establish housing priorities
~
Group #2: Dale Strom
Since appropriate affordable housing goals already exist in our existing community plans, ow
unplementation is weak. One way we could accomplish something in the environment we are in
would be to improve communication, between ourselves, as well as with the public.
We need to find ways to open up neighborhoods to new development to meet new needs.
Defer public fees until the end of the project as opposed to the beginning.
We need to be involved in housing program funding processes at the state level.
To bring the existing affordable housing options that we have to the attention of our lacal ,
legislative bodies.
Importance of keeping things simple. Some of the programs have complicated rutes that are too
difficult for most to make use of the program, especially when projects have multiple funding
sources.
Mike Adolfae: We need to consider having four or five action items when we fiaish these
meetings, in two months, to make a report to give to the City of Spokane, Spokane County and
the City of Spokane Valley.
Terri Symbol: We need to communicate with the for-profit side to align our goals and results in
order to make a fina] report.
Arlene Patton: We need to have a plan so that when it rolls out that it is taken seriously.
Mike Adolfae: We will send meeting minutes next week and have a planning meeting for
anyone who wants to come. If you can't attend please send in any notes that you have so we can
include your input.
Attachrnent D
MEETING S Y
REGIONAL AFFORDABLE HOUSING TASK FORCE
SPOKANE HOME BUILDERS ASSOCIATION OFFICE
5813 E. 4" AVENUE
November 19, 2008, 5-10 A.M.
ATTENDANCE: Arlene Patton, Bill Fattic, Cindy Algeo, Steve Cervantes, Tobby Hatley, Jim
Kirschbaum, Shannon Meagher, Ray Mooney, R.ay Rieckers, Terri SyYnbol, Chris Venne, Joel
White
ABSENT: Randy Barcus, Marty Dickinson, Bill Gothmann, Rob Higgins, Jim Kolva, Mick
McDowell, Dazryl Reber, Tom Richardson, Wendy Van Orman., Jason Wheaton,
STAF'F PRESENI': Mike Adolfae, Dan Cotter, Christy LaFayette, Saza Orrange, Dale Strom
MEETING StJIVIMARY:
FEEDBACK ON PRUTOTYPE HOUSEHOLDS FOR TRACKING AGCESS TO
AFFORDABLE HOUSING - DALE STROM
Review of submissions to Prototype Households for Tracking Access to Affordable Housing
developed by the Spokane Regional Affordable Housing Task Force. Cindy Algeo and Terri
Symbol submitted agencies currently tracking the various categories of people in need of
affordable housing. Also, Christy Zuniga requested that it be noted that the SHARPP program
reports data to the HMIS system.
Arlene Patton: Are there any groups that we have missed? We need to have a vway to find out
about housing projects. There are many proje-cts ctrrently underway (Canyon Bluffs, Heritage
Heights?)
If there is some way to support this project to insure that we won't have an empty building out
there. Housing vouchers, etc.
Chris Venne: We should produce a report that includes categories that we don't currently track.
DISCUSSION ON DRAFT OUTLINE OF TASK FORCE REPORT - ARLENE PATTON
Maximizing use of current resources is the most important and e.ffective thing we can achieve
right now. How do we get lenders, builders and legislators together to take a look at existing but
uader-used progra.ms?
Tobby Hatley: Maybe there aeeds to be an over-arching agency to oversee the administration of
these programs and improve communication between all parties.
Arlene Patton: How do we lessen the burden on the developers in order to reduce the end cost?
Attachiuent D
Mike Adolfae: The task force report should list specific actions they recommend be undertalten.
If you have four or five actions items this should get the baU rolling.
Chris Venne: We need to make the statement that affordable housing is inextricably linked to
quality of like in our community. Identifying the gaps should be out next step. Having more
affordable housing attracts businesses/jobs to our comcnunity. There are stories of businesses
passing on Spokane as a location due to the lack of affordable workforce housing. If we can
come tip with tbree or four action steps it will be much more effective.
Arlene Patton: Portland aad King County have committees that review the needs of the
community and the available resources in order to make recommendations to local legislative
bodies.
Chris Venne: We need to streamline and simplify the process of applying for funding.
Mike Adolfae: Many of the non-profit organizations receiving funding from the city use our
comrrutment to apply for funds from the state, etc. We have purposely timed our HOME
application process to provide non-prof t housing providers a local funding commitment they can
use to apply for funding, e.g. state.
Chris Venne: Maybe we could have applicants attend a raeeting with all of the agencies present
in order to steer these organizations to the appropriate resource.
Arlene Patton to Chris Venne: Can you plcase write something up to include under incentives
for developers?
Ray Rieckers: We need to get STA working with developers to coordinate transit options for
new resideais of these areas.
Ray Mooney: It would be useful to recommend an addition to the public school curriculu.rn to
teach basic financial skills.
Chris Venne:
It is increasingly clear that affordable housing is integrally connected to qualify of life and
economic development in our community.
Spokane is fortunate that housing prices here are generally more affordable than those in many
Western cities. However, there are still many segments of the community Nvho cannot find good
hausing that is affordable to them.
In order to optim.ize available resources to solve existing housing problems, prepare for projected
growth and enhance our quality of life, the committee makes the following reconunendations:
1. Governmental jurisdictions in Spokane County should, through incentives, set a target
that 10% of all new or redeveloped housing should be "affordable housing." (Definition
below). A wide variety of incentives-including land use, regulatory, moaetary, aad
Attachment D
other incentives-should be enacted to encowage private and public developers to
achieve the target.
2. Public and private agencies that provide funding for affordable housing should
coordinate, streamline and consolidate wherever possible their funding application and
award processes.
3. Local jurisdictions should establish and fund a Regional Resource Center for Affordable
Housing. Such a center would act as a cleazing house for a variety of information
regarding the need for affordable housing, available resources, regional and local
planning eff'orts, best practices from other communities, current and planned housing
production, etc. Initial efforts at the Center would be focused on identifying and tracking
the housing needs of specific population segments and tracking current and projected
housing and land inventories.
4. Communities in Spokane and Kootenai counties should adopt a regional approach to the
coordination of transportation, housing and economic development issues.
5. Public and private agencies in Spokane County should develop a coordinated legislative
effort regarding affordable housing.
b. Public and private agencies in the Spokane community shou.ld fund and implement a
community wide educational progxam designed to raise public awareness the role
housing plays in community vitality and the housing challenges we face.
"Affordable Hotasing" Target:
Home otivner•shin: Total housing payment (PITI) is no more than 33% o, f income for a
household eaf•ning 80% or less of Area Median Income.
Rental: Rent pltt.s utilities is no more than 30% of incor»e for a family earning SO% or
less ofArea Median Income.
Attachment D
MEETING SLIMMARY
REGIONAL AFFORDEIBLE HOUSING TASK FORCE
SPOX;ANE HOME BUILDERS ASSOCIATION OFFICE
5813 E. 4hAVENUE
December 17, 2008, 3-5 P.M.
ATTENDANCE: Arlene Patton, Cindy Algeo, Randy Barcus, Steve Cervantes, Bill Fattic, Bill
Gothmann, Tobby Hatley, Shannon Meagher, Ray Mooney, Terri Symbol= Chris Venne,
ABSENT: Marty Dickinson; Rob Higgins, Jim Kolva, Mick McDowell, Tom Richardson,
Wendy Van Orman, Joel White, Jason Wheaton, Darryl Reber, Jim Kirschbaum, Peggy Burrell
for Ray Rieckers,
STAFF PRESENT: Mike Adolfae, Dan Cotter, Dale Strom
MEETING SUMMARY:
Arlene Patton: Photos should be one si.ngle family photo and one multifamily on the front of
report.
Steve Cervantes: Photos should i.nclude one from Spokane Valley.
[Various suggestions made to refine report.]
Discussion about rollout of report to legislative agencies.
Arlene Patton: Meetings will not be set until after the fust of the year.
Attachment D
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: May 199 2009 City Manager Sign-off:
Item: Check all that apply: ❑ Consent Z Old business ❑ New business ❑ Public Hearing
❑ Information ❑ Admin. Report ❑ Pending Legislation
AGENDA ITEM TITLE: Sprague and Appleway Corridors Subarea Plan Deliberations
GOVERNING LEGISLATION: The Subarea Plan must be consistent with the City's Comprehensive Plan
and the Washington State Growth Management Act (GMA), RCW 36.70A.
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: Council conducted a final public hearing on April 28, 2009. Public testimony was
accepted until 5 pm on May 1, 2009. Council has received all written testimony submitted prior to the
deadline and is set to make final changes prior to adoption.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: Direct staff to make final changes to the subarea plan and
proceed to first ordinance reading.
BUDGETIFINANCIAL IMPACTS: N/A
STAFF CONTACT: Scott Kuhta, Senior Planner
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check all that apply: consent ❑ old business ❑ new business ❑ public hearing
❑ infonnation 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Winter Snow Removal and De-icing Services
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: On March 24, 2009 Council approved by consensus
to move ahead with a finro-step RFP for a private contract for winter services.
BACKGROUND: We are proceeding with the selection of a consultant from our consultant
roster and have picked HOR to assist us in developing the formal RFP and other services as
needed to develop a winter service opera#ion. We are also developing the Letter of Interest
(LOI) that may help us in determining if there are interested contractors. The LOI is scheduled
to be advertised in late May. As I have discussed previously, the time required for this selection
process will not allow us to have a long term contractor on board for this winter. This process
could provide winter service for 2010/2011.
As an option for this winter, there is a possibility that we could obtain surplus plowlsanders form
WSDOT. We are currently having discussions with them to frm up the availability and cost of
the surplus units. Other equipment that would be needed for the operation could be rented
locally. We are also having discussions with Waste Management regarding a site across the
street from City Hall south of Sprague which has a 3-bay maintenance building, fueling facility
and small office plus 2 acres of space for equipment and material storage. This site has the
potential to be operational by this winter with minor upgrades. We have also reviewed our
existing contracts in regard to their ability to provide operators for a winter operation. The Poe
contract is the only City contract that has qualified equipment operators capable of running this
winter operation and an adequate number of operators during the winter months for an average
year winter operation. Additionally, the existing contract has unit prices for equipment
operators. Poe is interested in looking at the possibility of developing an operation for this
winter and could begin working on a plan as soon as we could authorize the work. We would
need to move ahead immediately if we want to attempt to have it up and running by November.
We currently do not have a budget for this option and this effort may require a budget
amendment later this year. These short term contracts would be presented to Council for
consideration on an emergency basis by resolution.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGETlFINANCIAL IMPACTS:
STAFF CONTACT: Neil Kersten
ATTACHMENTS
CITY OF SPOKAN E VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City IVlanager Sign-off:
Item: Check aIl that apply: ❑ consent El old business ❑ new business ❑ pubfiic hearing
❑ infarma#ion N admin. report pending legisiation
AGENQA ITEM TiTLE : Update on Strengthening Camrnunities Fund (A►merican Recavery
and Reinvestment Ac#)
GOVERNING LEGISLATIOh1: N!A
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: On Monday! May 11~', city staff becarne aware af additional Recavery►Act
funds #ha# may be available ta nan-prafit agencies. Staff are researching the grant criterra to see
if the CEty can apply far the funds and make them available to local non-profit agencies. If
avaiiable, the grant has to be applied for by May 29, 2009.
OPTIONS:
RECO111rIIMENQED AGTION OR MOTIOh1; None, information only.
BUDGETlFINANCIAL INEPACTS:
STAFF CONTACT: Kathy McCiung, Community Development Directar
ATTACHMENTS 1) Press Release dated May 11, 2009 2) Informatian frarn the US
Department of Heath and Human Services websife
HHS Makes Fundi.ng Availabl.e to Strengthen Non-Profits, Faith Based Groups Page 1 of 1
U.S. Department of Health & Human Services
News Release
FOR IMMEDIATE RELEASE Contact: HHS Press Office
Monday, May 11, 2009 (202) 690-6343
HHS Makes Funding Available to Strengthen Non-Profits, Faith Based Groups
Strengthening Communities Fund is Supported by American Recovery and
Reinvestment Act
The Department of Health and Human Services today announced the availability of grants worth $50
million from the Strengthening Communities Fund, a new fund created by the American Recovery and
Reinvestment Act. The fund will strengthen nonprofit and faith-based organizations that aid famfiies
and communities who are struggling in the economic downturn.
The Strengthening Communities Fund (SCF) is divided into two parts. The Nonproflt Capacity Buifding
program will make one-time, two-year awards of up to $1 miliion to lead organizations that will use the
funds to support other faith-based or secular nonproflt organizations.
The State, Local and Tribal Government Capacity Building program will make one-time, two-year
awards of up to $250,000 to state, city, county and Indian/Native American tribal governments.
Govemments will use these grants to strengthen nonproflt organizations and increase the nonprofits'
involvement in projects that help turn our economy around.
Grantees for both programs must provide at least 20 percent of the total approved cost of the project
from non-federal funds. This match may be met by cash or in-kind contributions.
HHS' Administration for Children and Families' Office of Community Services will administer the SCF
programs. Applicants interested in appiying for funds should visit
http ;1/www.acf.hhs.gov/grantsjrecove~.html.
The activitles descrlbed in this release are being funded through the American Recovery and
Relnvestment Act (ARRA). To track the progress of HHS activlt/es funded through the ARRA, visTt
www.hhs. aovlrecovery. To track all federa/ funds prov/ded rhrough the ARRA, visir www,recovery.gov.
Note: Ali HHS press releases, fact sheets and other press materials are available at
http:/lwww. hhs.gov/ne ws.
Lasf revlsed: May 12, 2009
Home I Freauent_Qt,reskions I Conta~ing I Privacv Policy ~ FQIA 1 Dfsclairs~r ~~iHS Archive ~~lo FEAR
Ac-t
U.S. Department of Health & Human Services • 200 lndependence Avenue, S.W. • Washington, D.C. 20201
http:l/www.hhs.gov/newslpress/2009pres/OS/20090511 c.html 5114I2009
ACF Internet Uesign Guide: [SITE - Tier 5 page sample] Page l oF 4
r. -
Administration for Children ~?`,Tamilies
OFFICB OF COMdfiTNTTY 36RVICES Tncreasing the Capcaaity of Tndividualx. Families and Commuhities
U.S. Department of Healthand Human Services
COMMUNITY SERVICES BLOCK GRANT Administration for Children and Families
PROGRAM Office of Comnnunity Services
Division of State Assistance
Information Memorandum 370 L'Enfant Promenade, S.W.
Washington, D.C. 20447
Transmittal No. 109 Date: April 10, 2009
TO: State Community Services Block Grant Program Administrators and U.S.
Territories
SUB7ECT: Application for Fiscal Year (FY) 2009 CSBG American Recovery and Reinvestment Act
(Recovery Act) Funds
PURPOSE: To provide guidance on application procedures, spending and reporting requirements for
Recovery Act Funds
RELATED
REFERENCES: Community Services Block Grant Act; OMB Circular
A-122; OMB Circular A-133; OMB M-09-10, Initia! Imp/ementing Guldance for the Amerlcan Recovery and
Reinves[ment Act of 2009.
This Information Memorandum (IM) is intended to clarify various aspects of the Recovery Act
regarding Community Services Block Grant (CSBG) services, use of funds, and reporting
requirements. This information is based on current guidance from the Executive Office of the
President and the Office of Management and Budget (OMB) and will be updated as necessary.
Background
On February 17, 2009, President Barack Obama signed into law the Amerlcan Recovery and Reinvestment
Act (Recovery Act) of 2009. This leglslation authorized "...supplemental appropriations for job preservation
and creation, infrastructure lnvestment, energy efficiency and science, assistance to the unemployed, and
State and local fiscal stabilization...." [Public Law 111-5] The Recovery Act provides for $1 billion in
additional funds to the Community Servlces Block Grant program for Fiscal Year (FY) 2009. States, the
District of Columbia, the Commonwealth of Puerto Rico and U.S. Territories, hereafter referred to as
States, have until September 30, 2010, to expend the additional funds.
The specific language from the Recovery Act related to the Community Servfces Block Grant
states:
$1,000,000,000 for carrying out activities under sections 674 through 679 of the Community Services
Block Grant Act, of which no part shall be subject to section 674(b)(3) of such Act: Provided, That
notwithstanding section 675C(a)(1) and 675C(b) of such Act 1 percent of the funds made available to each
State from this additional amount shall be used for benefits enrollment coordination activlties relating to
the identification and enrollment of eligible individuals and families in Federaf, State, and local benefit
programs: Provided further, That all funds remainfng availabfe to a State from this additional amount after
application of the previous proviso shall be distributed to eligible entitfes as defined in section 673(1) of
such Act: Provided further, That for services furnished under such Act during fiscal years 2009 and 2010,
States may apply the last sentence of section 673(2) of such Act by substituting "200 percent" for "125
percent."
States and local entities that provide servlces with CSBG funds including migrant and seasonal farm worker
organizations ("eligible entitles") are encouraged to focus their efforts on creating sustainable economic
resources in communities. States should help to ensure that eligible entities: 1) provlde a wide range of
innovative employment-related services and activities tailored to the specific needs of their community; 2)
use funds in a manner that meets the short-term and long-term economic and employment needs of
indivlduals, families and communities; and 3) make meaningful and measurable progress toward the
reform goals of the Recovery Act with special attention to creating and sustaining economlc growth and
employment opportunities.
htfip://www.acf.hhs.gov/programs/ocs/csbg/guidance/im109.htm1 5/14/2009
ACF Internet Dcsign (iuide: [SI`I`E - Tier 5 page sample] Page 2 of 4
Under the C58G program, eligible entities use funds to provide services and activities addressing
employment, education, better use of available income, housing, nutrition, emergency services and/or
health to combat the central causes of poverty. Such services continue to be supportable under the CSBG
Recovery Act funds.
Application Procedures
States that recelve Recovery Funds are required to submlt to the Office of Community Services (OCS) a FY
2009 Plan for Recovery Act (ARRA) funds by Mav 29. 2009. This requirement Is in accordance with Section
676(e) of the CSBG Act which requfres submission of revised plans to the Secretary.
The Department of Health and Human Senrices (HHS) will make funds immediately available to States with
the caveat that States that fail to submit timely plans for Recovery Act funds may have funding placed on
hold.
Distribution of Funds
States wiil receive CSBG Recovery Act funds, as a separate ailotment, under the same formula used for
grants allocated under the regular annual CSBG appropriations. States, the District of Columbla, the
Commonwealth of Puerto Rico, and Territorles that applied for and recefved funding in FY 2009 will receive
a proportion of the $985 million in CSBG Recovery Act funds.
The Recovery Act requires that States distribute 99 percent of the Recovery Act allocations to "eligible
entities" as deflned by Section 673(1) of the CS6G Act. States are also reminded that pursuant to Section
676(b)(8) of the CSBG Act, "any eligible entity In the State that received [FY 2008 CSBG] funding (n the
previous fiscal year through a[CSBG] grant will not have its funding terminated ...or reduced below the
proportionat share of funding the entity received in the previous flscal year unless, after providing notice
and an opportunity for a hearing on the record, the State determines that cause exists for such termination
or such reduction, subject to review by [HHS]....".
Use of Funds
Recovery Act funds may be used "...for carrying out activities under sections 674 through 679 of the
Community Services Block Grant Act..." which includes the CSBG program assurances as stated in Section
676(b) of the CSBG Act. States are to ensure that "...the use of these funds is consistent with the laws and
procedures applicable to the State, both with regard to the States' own provisfons for obligations and
expenditures under State policies, and in accordance with applicable Federal regulations."
Under the regular CSBG program, eligible entities use funds to provide services and activities addressing
employment, education, better use of available income, housing, nutrltion, emergency services and/or
health to combat the central causes of poverty. Such services continue to be supportabie under the CSBG
Recovery Act fund. In recognition of the intent of Recovery Act funds, States should encourage their
etigibie entities to support employment-related services and artivities that create and sustain economic
g rowrth.
It is important to note that unlike the regular CSBG program, the Recovery Act does not allow for State
expenditures on administrative casts and statewide discretionary activities. The Act does, however,
require States to reserve one percent of their grant for beneflts enrollment coordination activities relating
to the identtflcation and enrollment of eligible individuals and families in Federal, State, and local benefit
programs. The block grant gives States flexibility to administer these benefit enrollment activities in a
manner that best meets the needs of individuals, families and communities in their State.
Income EliqibiliN Requirements
. The Recovery Act allows States and the eligible entities that administer the CSBG program at the
local level to lncrease individual eligibility for services fumished by the program during fiscal years
2009 and 2010 up to 200 percent of the official poverty guidelines as set by the U.S. Department of
Heaith and Human Services. Current poverty gufdelines can be accessed at this website location:
. t~t .lLa5pe.hh.s.aovLPOVERTY/09fedreQ.shtml. This eligibility adjustment reNects an increase from
125 percent of poverty as provlded in Section 673(2) of the CSG Act, and applies to all C58G
services furnished by States and eligible entitfes during FY 2009 and 2010, including those provided
pursuant to other CSBG approprfations.
Reportin"equirements
There are supplemental reporting requfrements for all Recovery Act funds. HHS is wrorking to clarify and
streamline the Recovery Act reporting needs, and OCS will issue specific guidance on these requirements,
including necessary adaptations to current data collection efforts, to State grantees and eligible entities,
when avai{able. The additional reporting requirements under the Recovery Act:
"Not later than 10 days after the end or each calendar quarter, each recipient that received recovery funds
http:/lw%,vw.acf.hhs.gov/programs/oGslcsbg/guidance/im109.htrnl 5/14/2009
ACF Internet Design Guide: [SITE - Tier 5 page sample] Page 3 of 4
~
from a Federal agency shall submit a report to that agency that contains-
• the total amount of recovery funds received from that agency;
. the amount of recovery funds received that were expended or obligated to projects or activities; and
• a detailed list of all projects or activitfes for which recovery funds were expended or obligated,
inciuding--
o the name of the project or activity;
o a description of the project or adlvity;
o an evaluation of the completion status of the project or activity;
o an estimate of the number of jobs created and the number of jobs retained by the project or
activity; and
o for infrastructure investments made by State and local governments, the purpose, total cost,
and rat(onale of the agency for funding the infrastructure investment with funds made
availabie under this Act, and name of the person to contact at the agency if there are concerns
wlth the infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data
elements requfred to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-262), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by
the Director of the Office of Management and Budget."
The reporting requirements under the Recovery Act do not modify the requfrements described in Section
676(b)(12) of the CSBG Act, which states:
"...the State and all eligible entities in the State will...participate in the Results-Oriented Management and
Accountability (ROMA), another performance measure system..., or an alternative system for measuring
performance and results that meets the requirements..." [Section 676(b)(12) of the CSBG Act]
States and eligible entities must continue to fulfill ali reporting requirements in the CSBG Act in addition to
those required by the Recovery Act.
As part of the efforts to ensure transparency and accountability, the ARRA requires Federal agencies and
grantees to track and report separately on expenditures from funds made available by the stimulus bili.
Obliqating, and ExpendinQ FuncL
If using an accrual accounting system, services must be provided on or before September 30, 2010, and
liquidated on or before December 29, 2010. A flnal report is due on or before December 29, 2010. If
using a cash accounting system, services must be provided on or before September 30, 2010 and final
report is due on or before December 29, 2010.
Unobligated or unexpended Recovery Funds must be reported on the Federal Financial Status Report form,
SF-269. In add(tion to the SF-269, States, Territorfes and Indlan Tribes and Tribal Organizations must
retum the remaining balance of these funds to the U. S. Department of Health and Human Services,
Division of Payment Management (DPM), at the end of the grant period. According to 45 CFR 92.50(d)(2),
"The grantee musr immediately r+eturn to the Federal agency any balance of unobligated (unencumbered)
cash advanced that Is nor authorized to be retained for use on other grants. "
Fiscal Accountability.
Additional accountability measures for CSBG Recovery Act funds will be outlined in the terms and
conditions of the grent award. Existing accountability measures rema(n applicable and include compliance
with OMB Circular A-133, the Single Audit Act of 1984 and complfance with CSBG regulations. This
information wiil be transmitted to the State CSBG agency with the issuance of the grant awards.
Additional References
• OMB Circular, http://www.recovery.gov/
• Federal Funding Accountabllity and Transparency Act of 2006. (Reference: OMB Circular)
. A-122 for Cost Principles for Non-Proflt Organizations
• 45 CFR Part 96 - Standards for Financial management systems
• 45 CFR Part 96 - Monitortng and reporting program performance
. 45 CFR Part 96 - Financial Reporting
. 45 CFR Part 96 - Flscal and administrative requirements
Inqu~ries
Questions pertaining to the draw down of CSBG Recovery Funds should be directed to:
http://www.acf.hhs.gov/programslocs/csbg/guidance/im109.html 5/14/2009
ACF Internet Design Guide: [SITE - Tier 5 page sample] Page 4 of 4
HHS Division of Payment Management
P.O. Box 6021
Rockville, MD 20852
Telephone: (877) 614-5533
Questjons regarding fiscal reporting on Recovery Funds, and the SF-269, should be directed to:
Ms. Lydla Peele
Office of Mandatory Grants
Administration for Children and Families
U.S. Department of Health and Human Services
370 L'Enfant Promenade, S.W., 6th Fioor East
Washington, D.C. 20447
Telephone: (202) 401-6493
Emali: lydia.,peele@acf~l~hs.go_v_
Program-related questions regarding CSBG Recovery Funds shouid be dlrected to:
Ms. Brandy RayNor-Hill
Divisfon of State Assistance
Office of Community Services Administration for Children and Families
U.S. Department of Health and Human Services
370 L'Enfant Promenade, S.W., Sth Floor West
Washington, D.C. 20447
Telephone: (202) 205-5926Email: bray_nor@aGf,hhs.qov
Amended Applications should be mailed to:
U.S. Department of Heaith and Human Services
Administration for Children and Families
Offlce of Communlty Services
Divlsion of State Assistance
Attention: Community Services Block Grant Program
370 L'Enfant Promenade S.W., Sth Floor West
Washington, D.C. 20447
Piease send an original and one copy of the State's amended FFY 2009 CSBG application. Current program
and fiscal staff contact information shouid be included with the State application. If you need additional
fnformation, contact your assigned Office of Communlry Services' CSBG Program Services - Regional
Contacts (Attachment).
This contact informationis available on the CSBG program website at
http:/lwww.acf.hhs.gQvlprograrns~ocs~csaboutus/staffassic~nements.html.
/s/
Yolanda J.
Butler,
Ph.D.
Acting
Director
Office of
Community
Servlces
Attachment:
• CSBG Program Services - Reg_ionaContacts
http:/lwww.acf.hhs.gov/prograraslocslcsbglguidance/im109.htm1 5/14/2009
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of May 14, 2009;10:00 a.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Manager
Re: Draft Schedule for Upcoming Council Meetings
Mav 26.2009. Regnlar Meetin& 6:00 Q.m. [due date Monday, May 18j
1. Consent Agenda: Payroll, Claims, Minutes [5 minutes]
2. First Reading Proposed Ordinance Amending Towing Regulatinns - ]nn Whitney/Cary DriskeU [10 minutes)
3. First Reading Propased Ordinance Subarea P1sn & Map (SARP Book I& II}- Milce Conneity [60 minutes)
4. Admin Report: Discovery Pisyground Bid -Mike Stone [10 minutes]
5. Admin Report: Hearing Examiner Rules, Zoning, Superior Court Appeal, etc. - Mike Connelly [30 minutes]
6. Info Only: Department Reports [*estimated meeting:115 minntes]
June 2, 2009. Studv Sessioa, 6:00 Q.m. [due date Monday, Map 261
Fallow up on Sewer Rates - Bruce Rawls (confrrmecl) (30 minutes)
2. Area Legislators Update - Mayor Munson (45 minutes)
3. Admin Report: Proposed 2010-2015 TIP - Steve VVorley (15 minutes)
4. Mixed Use N of Rutter Ave: Possible 2010 City-initiated comp plan amendment -Greg McCormiek (15 min)
5. Council External Committee Reparts - Councilmembers (10 minutes)
6. Info Only: Energy Eff'iciency Conservation Block Grant - Mary Mae
7. Executive Session: Labor Relations [Total Meetiag:115 minntes]
Conrirfrted: Wed. .Tune 3. 2009:1:30--4:30 Spokwre VQllep Cauncil Chambers: Jt CowrciUCoturtW Meeting
Juae 9. 2009. Regular Meeting,, 6:00 Q.m. [due date Monday, June 1]
1. PIIBLIC HEARING: 2010 - 2015 TIP - Steve Worley [20 minutes)
2. Consent Agenda: Payroll, Cla.ims, Minutes [5 minutes)
3. Second Reading Froposed Ordinance Amend.ing Towing Regulations - Ian Whitney/Cary Driskell [5 minutes]
4. Motion Consideratian: Bid Award Discovery Playground - Mike Stone [10 minutes]
S.1V.[otion Consideration: Letter of SupportZ Studded Tires Mayor Munson [Joe Tortoreli] [10 minutes]
6. Admin Report: Gable Franchise - Morgan Koudelka [15 minutes]
7. Admin Report: Eaergy Efficiency Conservation Block Grant -1VIary May [10 minutes]
8. Admin Report: Street Standerds - Gloria Mantz/John Hohman [20 minutes)
9. Admin Report: Solid Waste System - Deputy Mayor Denenny/Councilmember Schimmels [10 minutes]
[*estimated meeting: 105 minutesJ
June 16. 2009, Studv Sesgion. 6:00 Q.m. (due date Monday, June 81
ACTION ITEMS:
1. Second Reading Proposed Ordinance Subarea Pian 8t Map, (SARP Book i 8c II)) M.CQnnelly [20 minutes]
2. First Reading Proposed 4rdinance for Comp Plan Amendment CPA 01-09 - Mike Basinger [20 minutes]
3. First Reading Proposed Clydinance for Zoning Map Amendmeni CPA 01-09 Mike Basinger [5 minutes]
4. Proposed itesolutioo Adopting Subaree Plan Book III: City Actioas - Mike ConneUy [20 minutes]
5. Proposed Resolution Adopting 2010-2015 TIP - Steve Worley [10 minutes]
Regular Studv Session Items:
6. Surplus Items - Ken Thompsoa (20 minutes)
[Total Meeting: 95 minutes]
Saturdav. June 20. 2009: Counciil/Staff Summer Retreat 9:00 - 3:00 [dne date Wed, June 111
Tentative Topics: financial forecast; review 2009 Council goals; proposed 2010 Cour2cil goaJs; Comp Plan
UpdatelUGAIJPA; jail issues; park acquisition; metro mayors; Bzainess Plan; Work Plrni; Brainstorming
Draft Advance Agenda 5I14/2009 I0:05:27 AM Page 1 of 3
June 23, 2009, No Meeting_Council attends AWC Conference Junc 23-26 in Spokane
June 30, 2009, Special Regular Meeting 6:00 Q.m. [due date Monday, Jane 221
1. Consent Agenda: Payroll, Claims, Minutes [5 minutes]
2. Second Reading Proposed Ordinance for Comp Plan Amendment CPA 0 1-09 - Mike Basinger [20 minutes]
3. Second Reading Proposed Ordinance for Zoning Map Amendment CPA 01-09 - Mike Basinger[5 minutes]
4. First Reading Proposed Ordinance Adopting Street Standards - Gloria Mantz/John Hohman [20 minutes]
5. First Reading Proposed Ordinance Amending Title 24 - Gloria MantzlJohn Hohman [20 minutes]
6. First Reading Proposed Ordinance False Alarm - Rick VanLeuven [10 minutes]
7. Motion Consideration: Broadway Rehab Phase 2 Bid Award -Neil Kersten [S minutes]
8. Info Onty: Department Reports [*estimated meeting: 85 minutes]
Jolv 7. 2009, Studv Session. 6:00 p.m. idue date Monday, June 291
1. Council External Committee Reports - Councilmembers
Julv 14, 2009, Re;;ular Meeting,. 6:00 p.m. [dne date Monday, July 6]
1. Consent Agenda: Payroll, Claims, Minutes [5 minutes]
2. Second Reading Proposed Ordinance Adopting Street Standards - Gloria Mantz/John Hohman [ 15 minutes]
3. Second Reading Proposed Ordinance Amending Title 24 - Glaria MantalJohn Hohman [ 15 minutes]
4. Second Reading Proposed Ordinance False Alarm - Rick VanLeuven [10 minutes]
[*estimated meeting: 45 minutes]
Julv 21, 2009, Studv 5ession. 6:00 p.m. [due date Monday, Jofy 131
1. Comp Plan Update - Greg McCormick (15 minutes)
2. Council External Committee Reports - Councitmembers (15 minutes)
Conrtrnred: Tfiar, Julv 23, 2009; 3-5 Q.nL Joint Council/SQokane Citv Meetine; Spokone Cih, Courtcil
Brie ui Center
Julv 28. 20(19, Regular Meeting 6:00 Q.m. [due date Monday, Jaly 201
1. Consent Agenda: Payroll, Claims, Minutes [5 minutes]
2. Info Only: Departmeni Reports
Aagust 4. 2009, Studv Session NO MEETING: Nadonal Night Out
August 11. 2009, Itegular Meeting,, 6:00 Q.m. [due date Monday, Augnst 31
1. PiTBLIC HEARING: 2010 Budget Heariag - Ken Thompson [10 minutes]
2. PiJBLIC HEARING: Cable Franchise - Morgan Koudelka [10 minutes]
3. Consent Agenda: Payroll, Claims, Minutes [5 minutes]
[*estimated meeting: minutes]
August 18. 2009. Studv Session, 6:00 p.m. [due date Monday, Aagost 101
Action Item:
l. Motion Consideration: Setting Public Hearings Sept 8 and 22 - Ken Thompson
Regtilar Studv Session Items:
2. Residential Lighting - Kathy McClung (20 minutes)
3. Council External Committee Reports - Councilmembers
August 25. 2009. Regular Meeting 6:00 Q.m. [due date Monday, Aagast 171
1. Conseirt Agenda: Payroll, Claims, Minutes [5 minutes]
2. Admin Report: Outside Agencies Presentation [45 minutes]
3. Info Only: Department Reports
Draft Advance Agenda 5/14/2009 10:05:27 AM Page 2 of 3
September 1. 2009. Studv Session. 6:00 p.m. (due date Monday, August 241
1. Council External Committee Repnrts - Coancilmembers
SeQtember 8. 2009. Regalnr Meetin~,. 6:00 Q.m. [due date Monday, August 31]
1. BUDGET HEARING: 2010 Budget - Ken Thompson [10 minutes]
2. Consent Agenda: Payroll, Claims, Minutes [5 minutes]
3. Second Reading Proposed Urdinance Adopting Street Standards - CJloria MantrJJohn Hohman [15 minutes]
4. Secand Reading Proposed Ordinance Amending Title 24 - Gloria MantzJJohn Hohman [I S minutes]
September 15. 2009. Studv Session, 6:00 Q.m. [due date Monday, Sept 7j
1. Cauncil External Committee Reports - Councilmembers
SeQtember 22 2009, Regular Meeting 6:00 p.m. [due date Moaday, Sept 14[
1. BUDGET HEARING: 2010 Budget! Ken Thompson [10 minutes]
2. Consent Agenda: Payroll, Claims, Minutes [5 minutes]
3. Info Only: Department Repocts
September 29. 2009, Stndv Session, 6:00 Q.m. [due date Monday, Sept 211
1. Council Fxternal Committee Reports - Councilmembers
OTHER PENDING AND/OR UPCOIVIING ISSUES/WEETINGS:
Accessory Dwelling Uaits (modify Ord 08-006) 7/09 Strafiegic Transp. Financial Plan - Dave Mercier
Alternative Analysis (contracts) TPA Interlocal Ageement
Appleway Negotiations Transnortarion Benefit Dist (2009) a Establish ard;
Aquatics Contract (b) set public hearing; (c) draft resolutian; (d) bullat
Budget Ordinances: Prop tac; tax confirm; budget languuge
City Center Report to Council Transportation Impacts
City Hall Sales Purchase Agreement Use Agreement (Cary Driskell)
Comp Plan Qrtrly Update (Act, Jan, April: July) Water rights
Cancurrency Winter Retreat: 3anuary 9, 2010 (tentative)
Congress of Cities (NLC) Nov 10-14, San Aatonio = Awaiting action by others;
Contracts - 7-year renewals (prosJcons) doesn't a11ow for time for public coniments]
Courl Secvices Alternative A.nalysis
East Gateway Monument Structwe #
Fee Resolution - Oct 27
Gavernance Manual
Impact Fee Request Central Valley School District
IT Specialist Classification Resolution
Lexipol Policies - Police Dept
Lvdging Tax
Northeast Housing Solutions City Membership #
Outside Agencies Funding
Overweight/over size vehicle ordinance (2009)
Panhandling Ordinaoce
Park Maintenance Contract (Sept
Planned Action Ordinance (SEPA)
Radio Car Contract
Shoreline Inventory
Stimulus, Phase 2
Draft Advance Agenda 5/14/2009 10:05:27 AM Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check all that appiy: ❑ consent ❑ old business ❑ new business ❑ public hearing
0 information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Permitting Activity
The followi.ng charts and graphs depict our permit acrivity for this year compared with previous years:
year:
• C'onstruction Pemlits-continued decline in housinu: steady smaller commercial
2009 CONSTRUCTION PERMITS
aso - - -
400
350 ~
. ~
300
250 ,
204
150
-
~
100
50
0
Jan Feb Mar Apr May June Ju1y Aug Sept Oct Nov Dec
0 2009 Permits 159 192 221 258
2008 Permits 2e2 214 323 353 296 311 411 284 381 318 238 168
~ Land Use Applications-subdivisions, rezones, variances
C' 2007-184
(-4 2008-121
(4 2009-3 3 through Apri 1
6 70 pending applications
Q1 Decrease in rezones because of changes in code and zoning
~
map.
Page 1 of 3
Pending Proj ects
Currently under review, there are
I 1 commercial buildings ar additions
7 tenant improverrrY+erits
9 sing1e fami1y residential
Under Construction :
~ 21 Commercial buildings including:
0 Hampton InrY
~ Savage Pizza
0 Appleway Detail Shop
0 2 Self-storage proj+ects
* Sp~kane Ears, Nose & Throat
0 2 Ag building.s at Fairgrounds
0 3 rnuIt~-family housing projects
Pre-applica~ion Meetin~~
32 applications in 2009
5 shorr plats (15 1ots)
3 plats (92 lot~)
~ ces
C Church
Credit union
~Park
I-ndustrial building
2 new cornmercial; 6 additions
Cost Reductions
• Positions c~n hold:
~ Code Cvmpliance Off`icer
(`4 Right of Way Inspector
10 Planning Yntem
• Consultant cost reduction:
e $35,000 Developm+ent Eng;ineering Plan Review Assistance
& $ 10,000 Street Standards
• Other:
0 El imination of Right vf Way Inspector Overtiame
e- Elzmrnated rental space far files
Page 2 of 3
Community Development Work Program
• The Basics
0 Customer Service-reduced plan review times
0 Procedures/Manuals
0 Handouts
0 Cross-training
• Planners assigned to projects
* Shoreline Master Program '
* Planned Action Ordinance
0 Comprehensive Plan
0 Code Amendments
CD Work Program
• Engineers
0 Working on Street Standards
Comprehensive Street Plan
Sidewalk Priority Plan
• Energy Grant
• File Consolidation
• Flood Plain Management
• Building Staff
01 Certifications
C Cross-connection Control Agreements
State Adoption of 2009 Codes
Pap-e 3 of 3
GS 1TY OF11110001"*~
poKane
;oOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: Oave Mercier, City Manager and Members of Council
From: Morgan Koudelka, Senior Administrative Analyst
Date: May 19, 2009
Re: Comcast Cabie Franchise Renewal
The Comcast cabie television franchise was inherited from Spokane County upon incorporation
of the City of Spokane Valley. The franchise expired in 2006 but was extended indefinitely while
representatives from the City and Comcast negotiated the terms of the renewal.
The staff viewed this as the opportunity to establish a cable franchise code that would serve the
city in future negotiations with any cable operator that desires to operate in our City.
Both parties have reached a tentative agreement on the terms of a draft franchise agreement.
This draft agreement will be presented to the public and to Counci( as well as to the Comcast
corporate office. Final approval will be decided by Council.
Following is a summary of the major provisions of the draft franchise renewal.
Terms
• Length of 10 years with an opt-out at 5 years should a state or federal franchise be
available.
• Quarterly franchise fee payments of 5% of gross revenue (for general fund use).
• Competitive equity language that ensures level playing field for all cable operators.
• Comcast will maintain a high-quality, FCC compliant cable system.
■ Required build-out to areas with urban densities.
■ No-charge cable drops to all govemment buildings (city, fire, police, library, schools).
• Six public, educational, and governmental channels (PEG), including one dedicated City
I of Spokane Valley channel if desired.
I • PEG capital funding of $.35 per month per subscriber, with $150,000 up front.
, • Customer service standards
Senior Discount
Comcast has volunteered to extend their pre-existing senior and disabled discount throughout
the Iife of the franchise agreement.
Timeline
• June 9- Provide administrative report and release draft agreement to Council; receive
Council direction.
• June/July - Review by Comcast corporate office
• August - Public Hearing
• August - Consideration by Council of proposed franchise renewal.
■ July/August - Present cable television code to Council
CITY OF SPQKA,NE VALLEY
Request for Council Action
Meeting Date; May 19, zoos City tVlanager Sign-off;
Item: Check alI that appiy: ❑ consent ❑ a!d husiness El new business ❑ public hearing
0 infarmation ❑ admin. report ❑ pending Iegislatian
AGENDA ITEM TITLE: NE Washington Mousing Salutians Appoin#ment
GOVERIdING LEGISLATION:
PREYIOUS COUNCIL ACT#ON TAKEN:
BACKGROUND:
Created in 1971, the Spokane Housixsg Authority "is dedicated to increasing safe, afif'ardable hausing and
providing apportunities to persons experiencing barriers t-o housing." In 2005, SHA was renamed
Nnttheast Washingttton Housing Salutions and renewed their mission to state, "Building communities in
Nartheast Washington by 1eading, advacating and partnering in the crea.tion of livable neighhorhQOds".
NEWHS annually prorides housing assistance to over 4,000 families of low income rn four eastem
Washingtian cvualies through a cambination of tena.nt-based rental assistance and N-EWHS-owned
apartment carnplexes and scattered-site h.ousing. A six-member Board of Cammissioners appainted by
tbe Niayar of Spokane, County Coztncil Members, and the Mayor of the +City of Spokane Va[ley, govems
NEWRS.
~ Commissioner .lulia Rahmaan has decided to retire frora her term of o#Tice as nated in the attached April
28, 2409 letter from NEVVHS; and at the recammendatian of the NEWHS stafF, Ghair Terri Symbol
requests that Rhea Coble be appointed far the remaiixder of the existing Resident Gommissioner term,
which will expire Marcb 15, 2011. Ms. Coble has a strang backgraund of volunteerism and a professional
background in fiflance5. The effective date ofthis new appointment wauld be June 1, 2009.
OPTIONS: Set appointment for the May 26 CauRCil Consent Agenda; set appointment for the
May 26 regular agenda; or #ake other action deemed apprapriate.
RECOMME1VDED ACTiO1V OR MOTIOhf; Unless Councilmembers object, this rnatter wi11 be
pjaced on the (111ay 25 consent agenda to appvint Rhea Cobte fQr the unexpired term.
BUDGETIFINANGIAL IMPACYS:
STA►FF CONTACT:
ATTACHMENTS: April 28 2009 NEWHS Letter
Northeast
Washington
Housing
solutions
Spokarte HoLsing Aahariy OBA Northeasi W&hingwn kou0g Scfutsnrs
.
55 W. Miss+on Ave. Spakane, WA 99201 Tel: 509-328-2953 Fax: 509-327-5246 TDD: 509-323-9502 www.spokanehousing.org
~
~"M ,
~ ~
April 28s ZW9 ~
Mayor Richard 1Viunson APR 19 2009
11707 E. Sprague Ave. Suite 106
Spokane Valley, WA 99206 CigY ofi ~~okane ~~~~c-y
RE: Appointment of Rhea Coble to Northeast IVashington Housing Solutions' Board of
Commissioners.
Dear Mayor Munson:
Resident Commissioner Julia Rahmaan has decided to retire frpm her tenn of office for personal reasons
unrelated to her appointmenG Her term wouid have expired March 15, 2011 and she has been flexible in
continuing her service until a replacement is appointed
Ms. Rahmaan has been especially dedicated to Northeast Washington Housing Solutions' (NEWHS)
mission, "Building communities in .Northeast Washington by leading, advocating, and partnering in the
creation of livable neighborhoods." She has been a Commissionzr since 1999 and is also a resident of
Public Housing through NEVMS. Ms. Rahmaan has been natiooally recognized by the Whitehouse and
the National Associa/ion of Housing and Redevelopment Officials (NAHRO) for her involvement in
housing. She will be greatly missed and we anticipate a retirement event in the near future.
In preparing for her departure this yeac, NEWHS' staff has conducted a search of our Public Housing and
Section 8 Housing Choice Voucher recipients. After several inquiries, two interviews wer+e conducted
and staff is recoinmending Ms. Rhea Coble, of whom an application and resume are attached. Ms. Coble
has strong background of volunteeriscn and n professional background ia finances which will add to the
diversiry af backgrounds on our Board. Furthermore, Rhea is currently a Section 8 participant who
previously served on the Resident Advisory Boazd and has a passion for advocating affordable housing.
At the recommendation of NEWHS staff, I am requesting that Rhea Coble be appointed for the remainder
of the existing Resident Commissioner term immediately, which will expire Manch 15, 2011. This
request is being separately addressed to the Mayor of Spokane and the Spokane County Commissioners,
who must also appoint Ms. Coble.
We arz looking forward to hearing from you in this matter.
Sincerely,
~ - - -
Terri Symbol
Chairperson
TS/ac
Enclosures
=
EQI:Ai NOUSiNG O➢FORIUhITY
I
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: May 19, 2009 City Manager Sign-off:
Item: Check ali that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Council External Committee Reports
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: City Councilmembers serve on various local and/or regional committees. The
purpose of this item is if any committee or board that Council is involved with has signifcant
policy questions that are being posed and which need Council feedback, this is the opportunity
for Council to gather that feedback so that a Council position could be registered on any given
item.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS:
STAFF/COUNCIL CONTACT: Councilmembers
ATTACHMENTS: