2009, 09-29 Study Session
AGENUA
SPOKANE VALLEY GITY CUUNCIL
STUDY SESSION FORMAT
Tue4day, Septembcr 29, 2009 6:00 p.m.
CITY HALL CU : CIL CHAh1BERS
11707 East Sprague Avenue, First Floor
(Please Silence Your Cell P6ones During the Meeting.)
DISCUSSION LEADER SITB.TF.CT/ACTiVITY GOAL
ACTION 1TEMS:
1. Ken "[liompson Firsi Reading Proposed urdinance 09-025 Advar►ce Ordinarice
Substantial Need [public comment] to a Second Reading
Can• [)ri;kcll First Reading 1'roposed (_)rdinancc 09-030 :1dN,ance Ordinance
Gable Franchise [public comment) to a Second Readinu
NON-AC'f IOIY ITENiS:
3. Morgan Koudelka County Contracts Presentation Discussion/Information
4. Mike Stone Aquatics Contrart Discussion/]nformation
5. Mike Stone Parks Maintenance Contcact Discussion/lniormatic>n
6. Da%,e Mercier Pft'.IIR11173i'y Leg15I3tIVE; .agenda viscussion/Infornnation
7. Councilrnembers t:ouncil Exterrlal Coiilmittez Report, Disc u»it►nrJnfi>rlnation
8. Mayor Munson Advance Agenda Discussion/inforiliation
9. Informatio» Only (tivill not be discussed or reported)
(v) Traffic lnterloca! Agreement; (b) Response to Fublic C.'omm~.~rtls; (c) Communit}~ Detielaprrtent hfvnthlti' kepor[
10. Mayor Munson C'ouncil Check in Discussion/tnfuriiiation
11. Uave ti-1en.ier City %Nlariager C:ommenis Discussionllntannation
ADJOLJ1WN
No[e: Ualess otherwise noted above, there witl be no public comments at Council Study Ses.sinns. Hawever, Council always
reserves the right to request information [rom the public aad stafl as appropriate. During mectings held by the City af Spokanc
Valley Cotmcil, thc Council rescrves the right ta takc "action" on any itcm lisied or suhscquently added to the agenda. The term
"acliun" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision
`OTICE: lndividuats planning to attend the meeting who requirc special assistance to accommodate physical, hearin& or othrr
impairments, glcase cantact the Ciry Clerk at (509) 921-1000 as soon as possiblc so that urrungements may be made.
Study Stssion Agrnda, Stpttmhcr 29, 2009 F'sge I ot 1 I
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 29, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing
❑ admin. report ~ pending legislation
AGENDA ITEM TITLE: First Reading Proposed Ordinance 09-025, finding a substantial need to
levy an increase in property taxes.
GOVERNING LEGISLATION: State budget law
PREVIOUS COUNCIL ACTION TAKEN: The 2010 proposed revenues were presented to the
City Council at a public hearing on Aug 11. Staff mentioned an increase of 2.9% ($299,500) in
property tax receipts was expected. The public was invited to offer comment at that hearing.
Additional public hearings were held September 8 and September 22 to consider the entire
2010 proposed budget including property tax revenues.
BACKGROUND: State budget law requires we make our revenue projections known and
conduct a public hearing to consider input from the public. At the public hearing on August 11,
special mention was made of property taxes. Two additional public hearings were held in
September.
The City is allowed to levy a 1% increase over the highest lawful levy or an increase equal to
the implicit price deflator (inflation), whichever is less. There is a chance that inflation may be a
negative number which could decrease our property tax levy in 2010. In order to avoid a
potential decrease in property tax revenue, the City should find a substantial need to levy the
increase which staff expects to be 1.05%. We expect our sales tax (down $2.8 million) service
fee revenue (planning and building fees down $388,000) and gambling tax (down $100,000) to .
be less in 2010 than in 2009. We also expect our General fund costs to continue to increase.
These factors result in a substantial need to the City. A finding of substantial need requires
Council pass the ordinance with a majority plus one vote in favor.
OPTIONS: State law requires an ordinance be passed confirming our desire to levy the
allowable increase in property tax. A second option would be for the council to decide not to
pass the ordinance and reduce the budget accordingly. Council also has the option to advance
the ordinance to a second reading, or suspend the rules the adopt the ordinance.
RECOMMENDED ACTION OR MOTION: Staff recommends council suspend the rules and
adopt ordinance 09-025 finding substantial need. -
BUDGET/FINANCIAL IMPACTS: The proposed ordinance increases the city property tax levy
by an estimated $299,500 for 2010 operations.
STAFF CONTACT: Ken Thompson, Finance Director
. CITY OF SPOKANE VALLEY
2010 PROPERTY TAX INCREASE
FINDING OF SUBSTANTIAL NEED
. 9-29-09
CITY IS ALLOWED A 1% INCREASE OR AN INCREASE EQUAL TO INFLATION,
WHICHEVER IS LESS, PLUS NEW CONSTRUCTION & IMPROVEMENTS
INFLATION IS A NEGATIVE.00848
Proposed with Without Sub
Sub. Need Need
B C
INFLATION EQUAL TO 1.05% -0.848%
2008 LEVY FOR 2009 BUDGET $ 10,500,000 $ 10,500,000
INFLATION INCREASE/(DECREASE) $ 110,250 $ (89,040)
NEW CONSTRUCTION & IMPROV. $ 189,434 $ 189,434
2010 LEVY $ 10,799,684 $ 10,584,434
DIFFERENCE COLUMNS B & C $ (215,250)
USING $7,100,000,000 A.V. $ 1.52 $ 1.49
RATE-
LEVY $ 10,799,500
DRAFT
. CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHIlNGTON
ORDINANCE NO. 09-025
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, DECLARING A SUBSTANTIAL NEED TO LEVY A 1% INCREASE
IN REGULAlt PROPERTY TAXES FOR THE CITY OF SPOKANE VALLEY,
WASHINGTON IN SPOKANE COUNTY, PLUS ADDITIONAL REVENUE
RESULTING FROM NEW CONSTRUCTION, IlVIPROVEMENTS TO PROPERTY,
NEWLY CONSTRUCTED WIND TURBINES AND ANY INCREASE IN THE VALUE
OF STATE ASSESSED PROPERTY FOR THE YEAR COMMENCING JANUARY 1,
2010; TO PROVIDE REVENUE FOR CITY SERVICES AS SET FORTH IN THE CITY
BUDGET.
WHER.EAS, State law authorizes the City of Spokane Valley to levy an increase in regular .
property taxes upon the taxable property within the corporate limits in order to provide revenue for the
2010 General Fund budget of the City; and
WHEREAS, the City of Spokane Valley is authorized to levy $3.60 per thousand dollars of
assessed valuation deducting therefrom the highest levy collected by a Fire District within the Spokane
Valley city limits and also deducting the Spokane Valley Library District levy; and
WHEREAS, RCW 84.52.020 requires the City Council on or before the 30`h day of November to
certify budget estimates to the clerk of the Spokane County Board of Commissioners including amounts
to be raised by taxing property within the limits of the City; and
WHEREAS, the City Council pursuant to notice, held public hearings on August 11, September 8
and September 22, 2009 on the proposed budget estimates for 2010 including revenue sources which will
fund the provision of City services, projects and activities; and
WHEREAS, sales tax receipts are estimated to be $2.8 million less than 2009 receipts and
VVHEREAS, service revenues (building and zoning fees) are estimated to be $388,000 less than
2009 fees; and
WHEREAS, gambling tax receipts are estimated to be $100,000 less than 2009 taY; and
WHEREAS, the City of Spokane Valley is a Washington Taxing District with a population of
more than 10,000; and
WHEREAS, the City Council of the City of Spokane Valley has determined that due to the
decreasing revenues listed above and increasing expenditures (substantial need), there is a need to
increase the property tax levy by 1% plus additional revenue resulting from new construction,
improvements to property, newly constructed wind turbines and any increase in the value of state assessed
property to ensure adequate funding for the City General Fund in 2010. .
_ NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Section 1. The City Council of the City of Spokane Valley hereby declares a substantial need
due to decreasing revenues and increasing operating costs.
Ordinance 09-025 Substantial Need Page 1 of 2
DRAFT
Section 2. 2010 Lew Rate. There shall be and is hereby levied and imposed upon real
property, personal property and utility property, as defined in RCW Chapter 84.04, 84.55.005 and
84.04.140 in the City of Spokane Valley, Washington a regular property tax for the year commencing
January 1, 2010 in the total amount of $10,799,500.
The regular property tax levied through this ordinance is for the purpose of receiving revenue to
make payment upon the general indebtedness of the City of Spokane Valley, the general fund obligations
and for the payment of services, projects and activities for the City during the 2010 calendar year. The
purpose of this ordinance is to establish the levy amount as permitted by law.
The City expects the dollar amount of the property taac levy which includes additional revenue
resulting from new construction, improvemetrts to property, newly constructed wind turbines and any
increase in the value of state assessed properties to be $10,799,500 which is $299,500 greater (2.9%) than
the 20081evy which was collected in 2009.
Section 3. Notice to Snokane Countv. Pursuant to RCW 84.52.020, the City Clerk shall
certify to the County Legislative Authority a true and correct copy of this ordinance, as well as the budget
estimates adopted by the City Council in order to provide for and direct the taxes levied herein that shall
be collected and paid to the City of Spokane Valley at the time and in the manner provided by the laws of
the State of Washington.
Section 4. Severabilitv. If any section, sentence, clause or phrase of this ordinance shall
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or _
unconstitutionality shall not affect the validity or constitutionally of any other section, sentence, clause or phrase of this ordinance. '
Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
PASSED by the City Council this day of , 2009.
Richard M. Munson, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved As To Form:
Office of the City Attomey
Date of Publication:
Effective Date: -
Ordinance 09-025 Substantial Need Page 2 of2
' CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 29, 2009 City 11f9anager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business 9 new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: First reading - Ordinance 09-030 amending Cable Code, SVMC 3.65
GOVERNING LEGISLATION: 47 United States Code § 201, et seq.; SVMC 3.65
PREVIOUS COUNCIL ACTION TAKEN: Numerous discussions with City Council regarding
granting a cable franchise to Comcast, and related discussion of adoption of a comprehensive
cable code.
BACKGROUND: As Council is well aware, staff has been negotiating with Comcast for a
replacement franchise to ' the one Spokane Valley inherited from Spokane County upon
incorporation. During those negotiations, a recurring theme for Comcast was a concern that a
new entrant competitor could come in and get better terms from the City, which would put
Comcast at a competitive disadvantage. As a result of those discussions, staff determined that ,
it would be advantageous for the City to adopt a more comprehensive cable code that
establishes what our minimum expectations would be for any cable provider requesting a
franchise.
The essential terms that any franchisee would be primarily interested in are the franchise fee
(5% of gross revenue), PEG contribution (.35 cents per subscriber per month), customer service
standards, technical requirements, and density buildout requirements.
OPTIONS: Request additional changes; place on agenda for a second reading.
RECOMMENDED ACTION OR tiliOTiON: I move that advance Ordinance 09-030 to a second
reading.
BUDGET/FINANCIAL INiPACTS: NA
STAFF CONTACT: Cary Driskell, Deputy City Attorney; Morgan Koudelka, Senior
Administrative Analyst
ATTACHMENTS: Proposed draft cable code revisions
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 09-030
AN ORDINANCE OF 'I'HE CT!'Y OF SPOKANE VALLEY, STATE OF
WASHINGTON, REPEALING EXISTING SPOKA.NE VALLEY MUNICIPAL CODE
CHAPTER 3.65 IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS RELATING
TO FRANCHISING AND OPERATIOr' OF A CABLE TELEVISION BUSINESS IN
THE CITY, AND OTHER MATTERS RELATED THERETO
WHEREAS, the City of Spokane Valley currently has limited City Code provisions relating to
the franchising and operation of a cable television business in the Gity; and
WHEREAS, a comprehensive cable code would establish minimum standards for persons or
entities operating or desiring to operate a cable television system in the City; aild
VN'HEREAS, a comprehensive cable code would help ensure the City's continiied co~mpliance
with FederaI lativ requirements regarding rough consistency beriveen franchisees.
NOW, THEREFORE, the City Council of the City of Spol:ane \'alley, Spokane COl1Illy,
Washington, ordains as follotvs:
Section 1. Pu ose. "I'lie purpose of this Ordinance is to adopt a comprehensive Cable Code for
the Cirir of Spobane Valley.
Section 2. Repealing Spokane Valley„ Municipal Code Chapter 3.65. Spokane Valley
Municipal Code Chapter 3.65, and all of its sections as currently adopted, are bereb}p repealed in their
entirety.
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DRAFT
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Ordinance 09-030 Cable Page 3 of 32
DRAFT
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ecdon 3. Ado tiQ ng Spokane Valley Municipal Code Section 3.65.010. Spokane Valley Municipal Code
Section 3.65.010 is adopted as follows:
3.65.010 Defiuitions
For the pr~.p ose of this C Ler the following words and terms shall have the meaning set forth below:
"basic cable service" shall mean any service tier which includes the lawful retransmissioa of local
television broadcast signals and anv public, educational, and governmental access prowammintt
reguired by a franchise aQreement to be carried on the basic tier.
" le AcY' means the Cable Communications Polic,y Act of 1984, as amended by Cable Television
and M
N,and the Te,lecommunications Act of 1996
Consumer Protectign end ComQetition Act of 19
arne.ndments twreto.
"cable advisoCy _board" shall mean a Citv or regional cable advisory board as established by
ordinance or interlocal agreement.
"cable service" or "service" sha11 mean (A) the one-wav transmission to subscribers of (:i) video
programming or liil other proWamming servic end ~(B) subscriber interaction, if any, which is
reuired for the selection or use of such video pro arm'un or other RM,~ra,^mming-service.
"cable system" or "s.y_.stem" shall meaa a facilit,,y, consisting of a sei of closed transmission paths and
as,sociated signal eR necation. receQtioaLand control equipment thai is designad to provide cable
service which includes video rpmming and wfiich is provided to multi ip e subscn ers within a
community but such term shall not include:
CD a facili , that serves onlv to rqtransmit the television signals of one (1_) or more television
broadgag stations;
2 a ility that serves on1X Subscn'bers without using any.public right-of-way,
-fpke
(3) a facility of a c;ommQn carrisr which is subject. in whole or in uart, to the provisions of 47
U.S.C. ~ 201 et seq,- exce,.pt that such facility shall be considered a cable system (other thaa for
nuroose~ of 47 U.S&IJ 541(c)) to the extent such fscility is used in the transmission of video
proQrammin~t direcitY to subscribers, unless the extent of such use is solely to provide interactive
on-demand services,;
(4) an op.~n video s`rstem thai complies with 47 U.S.C. § 573: or
(S) any facilities of anv electric utility used solely for operating its electric utilitv svsiem.
For the puMse of a franchise~cable svstem shall mean e Arantee's cable facilities servicing the City.
Ordinance 09-030 Cable Page 4 of 32
DRAFT
"channel" shall mean a aortiQa of the electromagnetic frequenc rLspectrum which is used in a cable
systc:r» f-irid ~vhich_is c~~~aE~lgpf a_televi.;ion_channtl. as tzl_e~ isioii cliarlnel i;~ de ined by the FCC.
"l":ity- tueans the City of Spul.ane Valle}s aWasllinttOn lTlunicipal corporaliC>>i.
"City Manage' means the City„Manager or desi¢n«.
"complaint" shall mean a subscriber contact with a&rantee to express a grievance or dissatisfactiuc:
concerning cable service, Complaints do not include matters not within the scope of a frmchist
agreement A complaint mav be verbal ar in writin but necd nm inclu;le initizal coiitac_tti «hcre .111
issue is r,on~ptlv resolved to the subscriber's satisfactior;:
"construction" or "construci" shall mean di~inQ. ~~~~►~ati~~v~__ 1.~~_ia~_. _~~t~•t~:ii~~~~. ~~~~:►_ad
removiag= and replacing of a facilit\.
"FCC" shall mein [ti~- F~-~t~r~1 C'~•~ f; ~ ; ~ , _ , , . . ~ ` . .t.~= - ' - ...C
property necessarv to furnish and deliver cable television servicAm including but not limited to wim~.
cables, conduetors, ducts, conduits, vaults, manholes, podestals, amnUfiers, aaliapcm aad atiachment&
neeessarv or incidental to the distribution and use of cable television services.
"franchise" shall mean the nonexclusive ristht and authority to construct, mainiain. and opec•ate a
cable Ustem through use of public rig~ts-Qf-wav in the City uursuant to a contractual agreemen~
a~.proved by the Gity Cauncil, and executed by the Ci and a grantee•
"franchise area" shell mean the entire &gQ=~.hic area withia the Citv as it is now constitut+od or may
in the future be constituted.
"svrantee" shall mean anv oerson r comoratian sumtod a fr=chise under this chepter.
"gross revenues" means all revenue derived directly or indirectty by agrantec, or by agrantee's
afTiliates from the operation of a Qrantee's cable system to provide cable senices ia the franchise
area Gross revenues include by. wav of illustratian and not limitation, monthly fces cbarged
tubscribers for cable services includiog basic service and ell other tiers of cable service: pav-per-
view service: cable service installation, disconagetioa change-in-service and reoonnection fee&
leesed access channel fecs, late fm, pgvmeats receiveti by a Arantee from pmgrammers for camage
of cable services an the cable system and raco¢nized as revanue under generallya-gopted accounting
principles ("GAAP") revenues from rentals of cable system eguiument such as oonYerters;
advertising revenues f'ncluding laW, regioaal, and a pro rata share of national advertising carried on
the cable system in the franchise areal net of commissions due to advertising Mncies that arrange
for the edvertising, buy and as reco¢nized as revenue under GAAP; additional outlet fees, franchise
fees, and revenues from home shopping cha~nels Gross revenues shall not include (i) bad debt,
provided, however, that all or part of any such bad debt thai is written off but subsepuentlv collected
shall be included in g[gss cevenues in the period collected: (ii)@BY capital coatributioa refenenced in
subsections 13.8: (iii) anxpa Ments by the City to a grantee for I-Net maintenance or expansion: or
(iv) a.av taJCes on services furnished by a mntee wtuch are imposed direcily ou aay subscriber or
user by the State, City ar other governmental unit and which are collected by a g[aantee on behalf of
Ordinance 09-030 Cable Page 5 of 32
DRAFT
said governmental uni~ The franchise fees are no uch a tax and are therefone included in s~ross
revenues.
"lackout device" shall tnean an optional mechanical or electrical accessorv to a subscriber's terminal
which inhibits the viewing of a certain program, certain chennel, or certain channels provided bv wa~
of the cable svstem.
"maintenance or maintain" shall mean repair. restoration, replaGement, renovation and testinQ of the
cable svstem or componeots thereof so as to ensure that it operates in a safe and reliable manner and
aS mg t11Ted bY th1S ChBptet.
"non-commercial" 4hall mean. in the contexd of PEG Chaanels, that Qroducts and services are not
Id vi e PEG Channel. ne term will not be interpreted to prohibit a PEG Channel operator oc
erora~ rrimer from independentlv f i.e. not in the coatext of an tY elevised programming) soliciting and
on_a PEG channel, or from
receiving financial support to produce aad transmit video programming
a owled.ging a contributioo. in the manner of the corooration for public broadcastinst. A PEG
channol operator or propammer mav cablecast informational programming. regarding Citv eveatg~,
Projects and attracti4ns of interest to residents so long as the forimat for such ro ing~
consistent with the u pr oses for which PEG resources mav be used.
"normal business hours" shall mean those hours during which most similar businesses in Citv am
open to serve customers. In all cases, "normal business hours" must include some eveninu how& at
least one 1 night par week and/or some weekend hours.
"normal onerating conditions" shall meaa those semce conditions which are within the cantrol of
t. Those conditions which are not within Xfie control of a Arantee include, hut are not limited
to, nahual disasters. civil disturbanceS power outages. teleph ane network outages, and seve~e
weather oonditions. Those conditions which are ordinarily within the control of a_gMpjft include,
but ate not limited to, saecial Qromotions, paV-oer-view events, rate increases reg,ular ptak oc
seasonal demand periods. and maintenance or upMde of the ceble system.
"PEG" shall mean anM channel set aside forpublic use. educanal use., jpvernmental use without a
channel usage chgxe
"Person" shall mean an individual or legal enft suc,h as a cQrporatioa ar pjrtnership.
`!preaaium service" shall mean pav tGle,.rision offered on a per channel or or progLam
"publicpropert'~~ shall mean an r real estate or anv facilitv owned by the City..
"Public Works Diroctor" shall mean the Sjpkane Vallev Public Works Director or his/ber designee.
"ri t-of-way~ shall mean all property, and the space above and below, in which the Citv has aay
form of owaership, title, or interrest, inctudin~ easements and adiacent utility strips, which is held far
public roadwati ar dedicated for compatible utility purposes. regardless of whether or no an
roadwav or utilitv exists thereon or whether it is used. * roved or maintained for public use.
"service interruption" shall mean the loss of picture or sound on one (1 or more cable channels.
Ordinance 09-030 Cable Page 6 of 32
DRAFT
"service tiec" sshall mean a specific set of cable services which am made available as and anly as, a
aup forpurchase by suhscribers at a separate rate for tlie group.
"standard instnllation" shall inean thase that are located up to one hundred twent},-five 125) feet
from the existing distribution system. Grantee shall comQly with applicable FCC regulations
mgarding cominercial iniallatiaas as raay now or bereafter arise.
"subscriber" shall tneau anY oerson who lawfully roceives cable service via the svsteni.
"video ro ing" shall een vrogtamming provided hy._or v.-nerall}_ considcrecj_ro111n.,:rable to
Scctiuu 4. Adoptiifg, 5.poi.ane Vailc} Ntumcij2ai ~~dc, Jpokanc 1~►ii~~
Municipal Code Section 3.65.020 is adopted as follows:
3.65.020 General Proviaions
A It is unlawfiil to engage in or commence construction, operatioo, or maintenance of a cable
oommunications svsiem without a franchise issued under this chanter, except as may be otherwise
provided by state or federal law. The cauncil may, bv ordinance, award e nonexclusive franchise to
construct, operate and maintain a cable communications system within all or aev nortion of the citX to
any oerson, whether Mrati.ag under an existing franchise ar noL who makes apnlicatioa for authority to
furnish a cable communications svstem which complies with the terms and conditions of this chapter;
pmvide(L that this section shall not be deemed to reguire the urant of a franchise to eny aarticular perso~
or to pmhibit tfie council from restricting the number of franchisees should it determine such a resiriction
would be i❑ the public interest. Anv franchise for the constmciion, maintenance and operaiion of cable
television systems using the public streets utilit3, easement& other public ri,ghts-of-way or places shall
conform generally to ihe provisions of this chapter, except as mav be otherwise set forth in the ordinance
granting such franchise.
B The p!rovisions of this chapta mav be incorporatod by soecific reference in any franchise agroenaeat
gpproved under this chaptec. However, in the event of aqy conflict or ambiguity arising,. between the
provisions of any franchise asMment and those of this cheater. the provisions of the franchise
a2raement shallprevail.
Section S. Adopting Spokane Valley Municipal Code Section 3.65.030. Spokane Valley
Municipal Code Stction 3.65.030 is adopted as follows;
3.65.030 Noo-Ezclmvitv.
The ¢rant of auifiority for use of the Cily's rights-~f-way under dus chapter is not exclusive and does not
establish priority for use over other fra.achise holdets. Qermit holders end the Citv's own use afpublic
property Nothing in anv franchise a¢reement made under this chapter shall affect the ri&t of the City to
grant to eny other person e similar franchise or rig,tit to occup,y and use the rights-of-waN, or any part
thereof..
Section 6. Adopting S.pokane Valley Municipal Code Seciion 3.65.440. Spokane Valle),
Municipal Code Section 3.65.440 is adopted as follows:
Ordinance 09-030 Cable Page 7 of 32
DRAFT
3.65.040 Fraachise Issuance
Prior to the .grantin o chise, the citv council shall cond,Uct a public earin to dete ine e
following..
A. Initial franchise;
1. T_ at the public will be ben,efited bv the granting of a fraachise to the a lican •
2. That the aaplicant has the r uisite fmancial and technical resources, and capabilities
to build, operate and mainta.in a cable television system in the a ea;
3. That the applicent bas Aq conflicting inte~ests., either financial or commerciaL which
w'il 1 be contrarv to the interests of e Ci -
4. Thet the e IpD 1C8I1t will com~lv with sU terms and conditions _placed upoa a franchisee
by this artiGle;
5. That the applicant is capable of comalving with all relevant federal, state. and local
regulations pertaining to the construction, operation and maintenance of the cable
facilities and svstems incorporated in its apnlication for a frenchise;
6. That the public rights-of-wav have the capgcitv to accommodate the cable
conmynications s em:
7. That the apRlicaat is capable of inecting buildout threshold requiremeuts as se,cifiod
in SVMC 3.05.090•
8. That the proposed franchise is consistent wiith the city's_present and future use of the
public rits f-wav to be used bv the cable communications svstem;
9. That the benefit to the public from the cable communications svstem outwei s t a
potential disru-ption to existinQ users of the Qublic nisthts~.~f wa,y to be used bv the cable
communications Z%gm and the resulta.nt inconvenieace which may occur to the public:
and
10, That all other conditions resulting from the suant of the frenchise have b n
considered by the Ci and that the Citv detpmines that thc grant is still in the public'
best interest.
B. Renewal franchise.
1. at the a~.,pplicant tas compiiod with ihe terms and conditions of thc existin¢
frenchise,;
2. That the Qualitv of the aaolica~t's rp~vious service has been reaso~ble in light of
communi nee •
3. That the applicant's proposal is rea.sonable to meet the future cable relat mmunitX
needs and in~rests talcinginto aocount the cost of ineeting such needs and interests
4. That all other conditions resulting from he rant of the franchise have been
considered bv the Citv and that the citv deiernaines Xhat tfie grant is still in thc u lic's
best interest.
Section 7. Adopting Spokane Valley MuniciQal Code Section 3.65.050. Spokane Valle„y
Municipal Code Soction 3.65.050 is ~dopted as follows:
3.65.050 Fee.
A. In all franchises made under this chapter, the grantee shall pav to the City five percent 5%) of its
annual gross revenues in the City, pursuant to 47 U.S.Cj 542, throu out the full term of the franchise
agreement. Pavment shall be due no later than 30 days from the end of each calendar Quarter, after which
interest shall accrue at the rate of l% per month. In the event all or a-portion of the franchise fee bas not
Ordinance 09-030 Cable Page 8 of 32
I)KAFl
been paid within 60 days of the end of each calendar quarter, a penalty in the amount of 10% oftll,.:
del inquent amount shal l be added to the outitanding. anount AU franchise fem interest_~ind I~l-nalti:,
shall constitute a debt of the Ci , aad mav be collected by any means allowed under the 1~:
B No acceptance bv the Citv of anv "vment fram erantee shell be coastrued as an acivrV Lilqi Ll':~-
amount paid is in fact the correct amount, nor shall such acceptance of pvment be coastrued as a release
of eny claim the Gitv ma.y have for further or additional sums Myable under the orovisions of the
franchise Agreement All amountspaid shall be subiect to auditina and recomputation bv the Citv.
C Grantee acknowledges and astrees that the franchise fees pavaTble_bv grantee to Cit.y pursuant to a
franchise agreement, as well as capital support provided bv gmtee for PEG 2au3pment and facilities are
authoriied under the Federal Cable Act and shall not be deemed to be in the aature of a federal, state or
local tax.
D. Franchise fees subject to audiL Upon reasonable prior written notice, durina normal business houm
at the _,,rantee'sprincipal business office, the Citv shall have the right to iQ,~ect t6e grantee's fnancial
records used to calculate the City's franchise fees. The CitY shall provide to the grantee a final reaort
setting forth the Citv's findinp in detail, including any and all substantiating documentation In the
event of an alleged underpavment, the gmtee shall have thirtv (30) da,ys from the receipt of tbe rep,rt t4
provide the City with a written response agreeing to or refuting.the re.sults of the audiL including anY
subsiantiating, documentation Grantee shall review and the Citv shall be entitled to review grantee's
historical financial records used to calculate the Citv's franchise fees consistent with the currentlv
Applicable state staiute of limitations.
fi Failure to complv with this section, txcept alleg&d undeWyments under subsection D. above, shall
consiitute a material breach of the franchise aMment pursuant to SVMC 3.65.380.
Section 8 Ado.pting Spokane Vallev Munici~al Code S~cction 3.65 460 S~kane Vallev
~uiunicipal Code Secdon 3.65.064 is adopted as follows:
3.65.064 Competitive Eqaity
A The City reserves the ri t to Rrant more than oae franchise The City shall amend a franchise, as
rec}uested bv the g,rantee if it amts additional cable service franchises or similar multiple channels of
video pmgramminst authoriz-afians that contaia material teRns ar cvnditions which are substanUallv more
fevorable or less burdensome to the competitive entitv than the material terms and conditians containeci
in a Qreviouslv ¢ranted franchise A word-for-word identical fraochise or euthoriration for a cornoetitive
entity is not required so long as the regulatory and financial burdens on each entitv are aenerallY
pguivalent taking ioto account anv difference in the number of subscribets served the nwnber of PEG
c,hannels and a.g=a~ te suptaort provided. the level of fees and taxes imposed, the term of the franchise.
snd all other circumstances affectinR the relative burdens.
B NotNvithstandinQ anv urovision to the contrar}-, at an), time prior to the commencement of a Rrantee's
thirty six month renewal window provided bv Section 626 of the Cable Act, that a non-wireless facilities
based eatity, leeally authorized bv state or federal law, makes evailable for nurchase bv subscribers or
customerscable services or multiple channels of video pro ing within the franchise area without a
franchise or other similar Iawful authorization aranted by the City, then a grantoe shall have a ri t to
request franchise amendments that relieve the grantee of rettulatorY burdens that create a competitive
disadvanta..ge to the franchisee In requesting amendments, the gmtee shall file a petitioa seekin¢ to
Ordinance 09-030 Cable Page 9 of 32
DRAFT
amend the fratichise. Such petition shall: (1) indicate thepresence of such wireline competitor; and (2)
identifv all material terms or conditions which are substantially more favorable or less burdensome to the
competitive entiri. The City shall act on the petition within 120 days.
C. In the event an application for a ne%, cable television fraochise is filed with the City proposing.,~t
serve the fmachise arean whole or in ~the Citv shall a4tifv the ra~q, ntee.
Section 9. Adoptin& Spokane Vallev Municipal Code Section 3.65.070. Spokane Vallev
Muaicipal Code Section 3.65.074 is adapted as follow~:
3.65.070 Tases.
As is eonsistent witti applicable law., nothing contained in any franchise a reement Aranted under this
chapter shall be construed to except thentee from any applicable tax, liability or asses men
authorized bv law•
Section 10. Adoptiog Spokaae Vallev Munici,pal Code Section 3.65.080. Spokene Vdley
Municipal Code SeGtion 3.65.080 is adopted as follows:
3.65.080 Cable Svstem Saecifications.
A. Prior to entering into a franchise agreement, and dq&g the term of the franchise aureement, the
grantee's cable system shall meet or exceed the fallowing ~pecifications: hybrid fiber coaacial, fiber-to-
the-node s em architectuM, with fiber-optic ceble de lo from tfie headend to the node and coaxial
cable deploy.ed from the node tQ subscribers' homes. Active and passive devices capable of passing a
minimum of 750 MHz and coable of delivering high-qualitv analqg or dittital video si¢nals meeting, or
exceedinQ FCC technical auali.tjr standands. Cable s)Mm nodes d~.signed for future segme~tation as
necessarv to maximize shared bAndwidth.
B. A, Qrantee shall comply with all applicable technical standards of the FC;G as uublished in subpBTt K
of 47 C.F.R. § 76. To thc extent those standards are altered„ modified., or amended during the term of the
franchise agreemenL the Rrantee shall comply with such altered. modified or amended sLandards -A7thin a
reasonable asriod after such standards become effective. The Citv shall have, upon writtm mguest. e
rit to review tests and recor ds~.r~equirad to be p~ormed_,~ursuant to the FCC's rules.
C. In accordsnce with aaplicable law, the City shall have th_g ri t to regulate arid insQect the
construction, operation and maintenance of the cable system in the aublic rigtits-of-waY U~on
reasonable prior written notice and in the Qresence of ihe Mtee's employee, the Citv may review the
cable system's xechnical Mrformance as nectsM to monitor the grantee's oompliance with__th
Qmvisions of the franchise agrecment. All equi~nnent testin¢ under a techaicalerformance review shall
be conducted bv the grantee.
Section ll., Adoptin.g Spokane Valle,y Muntciual Code Section 3.65.090. $pQkane Valln
Municipal Code Sectian 3.65 090 is adopted as follows:
3.65.0 Cable Service.
A Sub,ject to the densitv considerations listed be1Qw except in areas reserved for public travel or utility
access not ,~et_opened and accepied by the Citv as public rit-of-waY that the grantee is specificallv and
Ordinance 09-030 Cable Page 10 of 32
DRAFT
1avrfi~ilrc~llibitec~ froEn c~eQ1c~ in i1s csb~le ~~sfe~r► b~' the ow-ner1c~qveloWrti tl~.~ tr~n~~ ~h~li ,~rr~~vide
eable servic~ as follows: -
1. A new entrant gLan#ee shall commence construction within 1 20 days vf t~c granting o#` a
franchise. fihe citv council m~y gMt an gxtension Ihereof for gogd cause shown. ~rovide~.
b+~~~ever, t.haat for" ~lic ation for such an extension rnust be ~"~1ed by the gMtee within the
120 day Wriod.
.~vv entrant grar~~11 ~,prroviding ~~ic► t~a subsc ~'rbers wiihin 244#a~ of the
gmtka of s franchisc,
t tee s'~all ha~re r,.,~mpl+~t+~d buildout ~rith'n a1l ~ of th_pitv widiin 36
I A now eaqp
mon~ of the gmnting of a franchise. The city council Magr~nt an eactension thereof for good
cat,W 5hown, pra•ided. however, that farmal $pRli~tion for,~uch an ea€tensian must be filed by
the gmtee with¢n the -16 month riM. and ttie maximum extensi~n ftlioNN°abte is trt) to six
additional r~~nth-~,,
4, A1`eas '~U~seo lloiiI1 [i4l +..'e?i`.~,... ;~,r- x • . , ' .13? `:l,a . } . ~6
f\ 1~
a , i F, E i 1
~ 1'f:~iffliL~ 411;,°.ILLNVW??A 't1l~Yl t~ii.~`.',' 3, fL:
byAc cl ei1.
B. Act~ss to csbIe serviu s"- Il uot be deziied to wi~-group ut WietiLial able subsct ibcrs because ut tb~in;(ome c~f the pxatential cable subs~cri~rs ~ar the ar+~a in which suc'~ gMup reside~, ,ll r~sidat~t<;
mquestinp,csble service and livi within a stan~da~ ir~stal[atia►n a~' one hu~ndre~d ~nt~- f v4_ f~t sha! `
have the cable installed at no mpre than the prevailing-published installation Egte. k the event a rMue~:
is made for +cable service and the residenoe is more #.haan a stsndard inst?allation f one hundred twv~n~ -
~~ve #'eeL_~uch ins#alIation shall bc cample#.ed o-n a tirne and rrraterral cost basis for that portion of th,,
smice lino_ ~~ctending 6evand ane huridred twentv-f ve feet -
-Q. Upgn M,uest through the +desEizteted Ci1.`v repMsentative. t~~e Lo-r-aiitee slia~~ pi,ovid~, withaui c:h~rg~_-
and th`oughout the tenn of the fmnchise ag~nent. one outleL one convertff. if n~ss~c~ir,
cable service rand expanded basic c ble sen►i~ (Le, toVether the co~iytle,t of sixtv charnels u:
pmgramming) ar tb~e~ an.Ioe or digital equiva1ent of such service tiers vfferei bX_gmtee to tht=
Gitv's administra:tive.-buildiaus ass desianate~ ~y the ~.'ity, fire statian(a),police stationLsl 1ibmries and
state accredited K-12 nubjxc and pn*vate wboo1Cs.
1, ~f thy dmp line to such huild'ang-gxeeeds as?Gandard installation dron one huadred twen -five
fee the tee will acoornmcxi,ate the ~ip up to thr~~ h~~c! feet '~e ~ilv_c~r v~er s~~a
,provides the neEessa attachment Wint foar aerial service or cgnduit pgthwAy for u~nderground
s~ice, If the necssga nathnLay is not provided the Ci1 or otther agencv Mgm to pgy th_o
incrennental cast of such dimp in excess o#` +vne hundr~~ oLventy-fve feet or the necessary
distributian li~~ extensivn of the +;,able system, including the cost ofsMch exsM labar and
~ght of ~nuy,
materiats. The recipient of the service ihil1 se~~~ure $ny ne.oessary n
2. The cable servi_will nat te used for ccrmmercia1l vusnd the vut[e1s will net be lvoLed
on to the pubfi+~ exce;~t~n~ one outlet ta be loe,at+ed in a pubiic lghbv nf snr~ver~~a~
in areas W
buildin that will 'ke, used by the p,ub1ic for viewingpublic,go e_rqm nta1,qr eduSa3ional
channels. The City uFill take reasona1ale p[ppautions _tv pnev~~~ any um of the mnyr,'cable
Clrdinance 09-030 Cable Page I 1 of 32
DRAF7'
system in any manner that results in inapprovriate use loss or dama$e to the cable system.
Lzracitee herebv reserves all ri ts it may have under the law to seek p.ayment from CitY for
liabilit,y or claims $riswg~out of the Qrov_ision and use of the cahle service reQuired bv this
section.
3. Lf additional outlets of cable servic,e sre orovided to such buildings, the building occuvant wilj
paxthe usual installation fee if an .
U. Grantee shall extend the svstem t4 anv portion 2f the City after the date of the franchise agreement,
when dwellings can be served by extension of the svstem oast dwellin p gquivalent to a densitv of seven
dwellings per one-quarter mile of cable contiguous to the sys.tem. Grantee m.$~uetition the Ci for
waiver of this reauiremeat~ such waiver to be granted for aood ceuse shown. Such extension shall ~
grantee's cQS►t. In areas not meetingthe reauirements of seven or more dwellipILper one-quarter mile,
for mandatorv extension of service, vrantee shall provide, upon the reQuesr t of an,y ootential subscribers
desiring sccvice, an estimate of the costs teauired to extend service to such subscribers. C'irantee shall
then extend service upoAI uest aad uMn ~.a =ent of an amount e ual to the reasonable va1ue of actual
time and materials to be incurred bv ~~antee for such extension. Anv customer drop not exceeding a
stand,ard inStallation of one hundred twentv-five feet will be 5-ee of charge to the customer other
than normal installadon fees. For drops ia excess of oae hundred tvvent r-five fetL Mee ma,y assess kin
amount equal to time and materials.
Section 12. Adouting Spokane Vallev Munici Code Section 3.65.100. Spokane Vallev
MuniciQal Code Sectian 3.65.100 is adopted as follows:
3.65.100 Pro,g, tkmmin g,
A. All final rogr,nmin_g decisions remain the discreti4n of grantee in aa:ordance with a franchise
a~Zreemant made under this c ter rovided that grantee notifies Catv and subscn'bers iun writing thirt~
, nnd furtber sub'ect to gmntee's sipal
31_Lxior to anv channel additions, detetion& or real_ignmeAft
da
carria~,te obligations hereundar and pursuant to 47 U.S.C. § 531-536., atid further subiect to City's rigb
Qursuant to 47 U.S.C. 545.
B. A grantee shall pmvide at leasl the following initial broad cateQories of proM'amminLa to the eatbeni
such categories are reasonably evailable:
1. Educatianal orog~..m.mi g;
2. News, weather and informaiion;
3. S2orts:
4. General entertainment including movies;
5. Children, familv oriented_;
6. Arts, culture and performing arts;
7. Foreign languege promramming; and
8. Scienceldocumenta.
C. A grantee shall offer to all subscribers a diversity of video romming_services and it will not
eliminate any broad categories of pmgramminQ_.without first obtaining the written Wroval of the Ci +
such aaproval not to be unreasonablv withheld.
D. AZpantee shall noti in writin th it of its intent to eliminate anV broad cater o~y F of QrogMrnming
noted in subsection B. above. The Cirir, or its designee, shalt make a determination on such r..equest not
Urdinance 09-030 Cable Page 12 of 32
f_>li. : ! f
iater than sixtv days aftec receint ot lhe requcst by erantec;. !n the event that ihe Gity mal:es an a~'.
determinatioa such detecmination shall be in writingz along with a cancise statement of the re ason,
therefore. In the event the Citv fails to rtlake a determination within sixty davs after recei~r.;
from nte ,grantee shall have the right to make the deletion contained in its written mque -Section 13 Adopting Snokane Vallev MunicitMl Code Smtion 3.65 110. SpukA►►c aii'L .
Mciaal Code Section 3.65.110 is adopted as follows:
3.65.110 Rates.
A Throup-hout the term of any frenchise agreement made under this Ghaater and upon mquest by the
City, the grantee shall provide an updated cate card to the City that details applicable rates and chargs
for cable services provided under the franchise agreement This does not reauire the arantae to file rates
and charstes under temporary reductions or waivers of rates and charRes in conjunction Nvith promotionW
camWBM.
B A grantee shall provide a minimum of thirty days' written notice ta the Citv and each Subscriber
before chaoging a"nY rates and ch es.
C City mav regulate ratcs for the orovision of cable service provided over the "em in accardancx with
applicable federal law in oarticular 47 C.F.R. Part 76 subpart N. In the event the City choQSes to
regulate rates it shall, in accordance with 47 C.F.R. § 76.910, obtain certification from the FCC, if
applicable The Gity shall follow all a,palicable FCC rate regulations and shall ensure that appropriate
personnel are in place to administer such regulations City reserves the right to regulate rates for anv
future cable services to the maximum extent allowed bv law.
Section 14. Adoptiatt Spokane Vallev Municiaal Code Section 3.65.120. Spolcane Vallev
Municipal Code Soction 3.65,120 is adopted as follows:
3.65.120 PEG and Local Pro&ramminQ.
A Any suantoe shall make available ane full-time noa-commercial multi-iurisdictiooal PEG channel (the
"government channel") for future activation and ioint use by the City, the Ciri of Spokane and/or
Snokane Counh+ for eovernmontai eccess.programming. The City shall provide grantee with a minimum
Of fo ,-five dayl grior written notice of an initial meeting to develop an implementation plan for
activation of the government channel.
B Commencing an tht effeetive date of a franchise g.ranted under this chapter, and throughout the term
of the franchise, grantee shall deliver those PEG chaanels with whom the City has contracted foc service,
p,p to a maximuin of six channeLs Grantee shall coatinue to deliver those PEG channels so loog as the
Citv's contracts are valid and the PEG channels have content to distribute. The Citv shall provide copies
Qf all PEG channel contracts. and contract renewals, to grantee within thirty davs of execution.
C The grantce will endeavor to vrovide the subscribers in the franchise area with the other regional PEG
channels so long as the PEG programmers offer them for use on the cable svstem.
D. All PEG channels provided to subscribers undec a franchise made pursuant to this chapter shall be
included by grantee sub'ec~ t to applicable law. For atl PEG channels not under grantee's control, erantee
Ordinance 09-030 Cable Page 13 of 32
DRAFT
shall insure that there is no material d_e~~.radation in the signal that is received bv g=tee for distribution
bv &rantee over the cable Mtem.
E. The City shall be responsible for all urowamming,,. requirements for the eovernment channel,
including but not limited to scheduling, plavback, training, staffing, copyright clearances, and equipment..
maintenance and repair, unless resnonsibilitv for administerinQ the government channel has been
designAted to a third ~arty, which shall then become resRonsible for a11 progammin tg~uirements under
this section.
F. The graatee shall-provide the PEG chaaaels as part of the cable serviceprovided to W subscribea. at
no additionW charge. If channels are selected throug a ruenu svstem. the PEG channels shalbg
displayed as prominentlv as commercial pro mming choices offered by-grantee. A&rantee will u,Lg
reasonable efforts to minimize the movement of Citv-designated PEG channel assi ents and maint in
common channel ass'Wments for cOmpatible PEG proing.
G. At such time as a grantee converts its basic cable service tier from an analog to a digital format, the
such
Ci 's PEG channels will be carried on the digital ptatform and grantee shall install, at its sole cost
bers
beadead equipment to accammodate such channels. Such PEG channels shall be accessed bv subscri
throu use of stand,ard di¢ital equipmeat comnaiibte with gmtee's cable sVem.
H. rantee will remit to the Citv as a cauital contribution in suWrt of PEG ca~tal requirements an
amount equal to thirtv-five cents aer subscriber per month to be paid to the Citv on a quarterlv basis for
the life of the franchise.
The Citv shall allocate all amounts under this subsection to ~EG ca...~tal uses exclusivel~. Grantee s. h
not be respgnsible for QavinR the PEG canit~tl cQntribution with res ect to tis or bad debt accowat~:
Consistent with 47 C.F.R. & 76.922, grantee may, in its sole discretion. add the cosz of the PEG c.anrtal
contri ution to the price of cable services and to collect the PEG calLital contTibution from subscribm.
In addition, consistent with 47 C.F.R. ~ 76.985, alt amounts paid as the PEG c,~ital cantribution may b_,g
separatel), stated on subscribers' bilis as a Ci ty of Saokane Val1ey PEG ca~tal contribution. Upvn
mrantee's writtea req,uest and e a reed upmk both oartie& the City shall provide the wntee vvith
documentation showing ex,penditures for PEGopital use of the previous fiscal veM' PF,G capltal
contribution and showing, the budgeted use of the current year's PEG funding. In the event the CitX
cannot demonstrate thai PEG ca,_ !p tal fundin,g was used or budReted fQr PEG capital needsj?-rantee's PEG
funding obligatioas goine forward shall be reduced byan gguivalent amount.
1. Within ninetv davs of request, the g'antee shall provide an esiimate of costs associated with the
canstruction and activation of one return path ca,pable of trancmittin v~ ideo programming to enable the
distribution of the Citv's gecific government eccess p~ammingto subscribers on the multi-
jurisdictional PEG~c6annel. The retum line sball rua from a location to be determined bv the City to the
grantee's facilities. Within two hundred seventv davs of the City's directive, the grantee shall construct
and activate a return line in accordance with the cost esdmate previousl~.provided. The City agcm to
pU the costs of the retum line within sixtv days of construction / activatian and recein, t of an invoice
from the tee.
Section 15. AdoQting Spokane Vallev Municipal Code Seciion 3.65.130. Spokane Va11eY
Munici Code Section 3.65.130 is adoas follows:
3.65.130 Institutional Netwark Connections.
Ordinance 09-030 Cable Page 14 of 32
nR:9 FT
~I
I
Upon re uest of ihe Gity, a Rrantee shall investigate and provide the Ciiy a plan with a cost
based on eidier a managed network or ihe most cost ef#icient connectiaA utilizing curneat techaolc- t~.
accommodate the City's reasonable broadband cap,acity needs for a non-commercial connection betwee:
the Citv's facilities For the nur,Roses of this section, non-commercial meaas privaie networi
selling th~
c4mmunications from and amonQ th~ City and other up blic ageacies and excludes leasingor re
broadband capacity to a thirdpgrty for anX..,,purpose. After receiving amuuest ftm the Citv. t~nt
shall provide the City a plan including an estimate of the construction costs, within ninetv days Th:
sost estimaie sha11 include the fully allocated construction cost from ihe nearest arantee identified fiber
access location to the requested site(s)including. but not limited to, site construction, fiber, labQr,
materials and gmtee provided eauip,mentt The Gity shall pav all of Arantee's desiga engineering costs
associaied with developnaent of the reauested plan and cost estimate(s), if the Ciiy does not accepied the
plan for construction To auorove tfie gMtee to perform the work the Ciiy shell provide the grantae
with written authvrization to comnlete the connectivity construction and a purchase order in the amount
of the cost estimate. Any connectivity construction shali be performed and cocnpleted within six mont6s
afteT the Citv authorizes the work be performed, unless the parties agree in writinR to a different
completion date prior to commencement of the work in order to accommodate AMial considerations of
the Ci r.
Section 16. Adopting Spokane Valley Municipal Code Section 3.65.140. Spokane Vallev
Municipal Code Section 3.65. ] 40 is adopted as fol lows:
3.65.140 Parental Cootrol.
A. A Rrantee shall provide subscriber controlled lockout devices (audio and visual) at a reasonable
charge to subscribers upon their request.
B As to anY program which is transmitted on a channel offered on a per channel or per prog,ram basis,
grantee shall block entirel,y the sudio and video portion of such program from roc,epdon by_ank
subscriber who so requests. Scrambling of the signal shall not be sufficient to compiv with this
pr2vision.
Section 17. Adopting Spokane Yallev Municipal Gode Scction 3.65.150. Svokane Vallel
Municipal Ccxle Sectian 3.65.150 is adopled as follows:
3.65.150 Recoverv of Costs.
AgmnLoe " reimburse the Citv for all costs of one publication of an ordinance authorizing a frenchise
made under this chanier in a local and mquired legal ooticesprior to arW public hearing
v;Sgidingthe frenchise, coniemporaneous with its aoceotance ofthe franchise.
Section 18. Adopting Spokane VaUev Munic_ipal Code Section 3.65.160, Spokane Valla
Municipal Code Section 3.65.160 is adopted as follows:
3.65.160 Least Interference.
The Ciiy shall have prior and suoerior right to the use af its rights-of-way for installaiion and
~naintensnce of its facilities and other Aovernmental purposes. Work by.,.grantee in the rit-of-wav shall
be done in a manner that causes the least interference w7th the riehts and reasonable convenience of
I Ordinance 09-030 Cable Page 15 of ')2
DRAFT
rp opertv owners and re$ideots. The owners of all faciliUes, uublic or private, installed in or on such
public pro rties prior to the installation of the facilities of tbe grantee, shall have oreference as to the
positioning and location of such utilities with respect to the grantee. Such preference sball continue in
the event of the necessitv of relocatin¢ or changing the grade of anv such risrht-of-way. Disputes betweea
the grantee and other part ias over the use. pursuant to a franchise Uereement of the n:ghts-of-wa„y shall be
submitted to the Citv for recommended resolution.
No franchise under this chapter shall, in any way, prevent or prohibit the Ci from using anv of its
n'of-wa„L_.or aff_ect its iurisdiction aver them or any,rRari of them. The City hereby retain i fu
~olice cfower to make all changes, relocataons. rep~ m4intenance, establishments, improvements.
dedications ur vacation of same, including the dedicaiion. establishmeat, mainten~ snd impr+Memeat
of all new riQhts-of-way.
SecrioA 19. Adopting Snokane Valley MuniciQal Code Section 3.65.170, Spgkane Va11eX
Municipal Code Section 3.65.170 is adopted as follows:
3.65.170 Conatruction Standarda
All work authorized and re4uired hereunder shall comQl~ wiffi t enemlly_apQlicable Citv codes and
regulations. Grantee shall also comQl~► with all a lt~t~ icable federal aad state reguladons. laws and_precdces.
Grantee is responsible for the supervision. condition, and qualitv of the work done• whether it is bv itself
or by~contractorsLassigns or agencies.
Sectioa 20. Adopting Spokane Vallev Muaici Code Sqgtion 3.65.180. Spakane Va1leX
Municinal Code Section 3.65.180 is adoQted as follovvs:
3.65.180 Restoration After onstrnction.
I f in connection with the construction, aperatioa maint~:~. unQra,~ d, rt,pair or recement of tbe cable
svste;n, agrantee disturbs, altem or damages any public or private urope tfie rantae a,Qrees tbat it shall
at its own oast and expense pqy for anv damage and reulace and restore anY such propertv to a condition
reasunably comgarable to the condition existing immediately vrior to the disturbance. Whenever ¢rantee
disturbs or damaes any ri t-of-wav ar other public properW._suantee "l complete the restoration work
.vithin a rea.sonable time as authorized bxthe Citv's Public Works Director.
Section 21. Adoatin& Saokane Vallev Municipal Cade Section 3.65.190. Spokene Va11eX
Municipal Code Section 3.65.190 is adopted as follows:
3.65.1 Obstruction Permits ReQuired.
pfiate obstruction Mrmits from the City_pursuant to the Saokane
Grantee shall applv for and obtain aQpro
Valley Municipal Code. Grantee shall pay all generalt a, licable~ernnit fees for the c~eguisite Citv nermits
and reimbwse the City for all gene I a licable fees incumed bv the CipLm the examination,
insMtion, and a,pproval oaf grantee's work.
Section 22. Ado~ating Spokane Valley Municival Code Section 3.65.200. Spokane Val~
MuniciQal Code Section 3.65.240 is adopted as follows:
3_65100 EmerEency Respanse.
Ordinance 09-030 Cable Page 16 of 32
DRA F7
The grantee shall maintain with the C ity an emergeocy response number pror iding an emerQency.,Z~~
response for the Citv to use in case of an emerggncx After being notified of an emergency._ grantc ~
shall cooperate with the Citv and malce everv effort ta immediatelv respond with action to aid
Qrotectioa the health and safetv of the public
Section 23. Adoptiog Spokane V al le Mu -1
~,1t1,,; •~•~•:I ~ifi:-• C':"`~ ~i~ 110 t~ ?j;,r~±~'~ 1 , .
' I a ~i, "~t. :i: : .
, . , ~ ~Jl:ll4l 13:I1 lil~!I~• ~I'i l~i i.~!`ill.c:i.!a~. la ..1: ~.1:~. 1..•_ ~li~l.li. . i. - . . . .
to grantee's fac i 1 ities in the ri¢ht~ys
Section 24. Adopting Spokane Vallev Muaicinal Codo Section 3.65.220. SQokane Vallev
MuniciQal Code Section 3.65.220 is adopted as follows:
3.65.220 Environmeatal.
Grantee shall complv witfi atl applicable state and federal laws coacerning environmental protectiota
relatiog to grantee's facilides in the riht-of-way.
Section 5. Adopting Spokane Va-li-ey Munici Code Section 3.65.230. Seolcsne Valley
Municitaa_ 1 Code Section 3.65.230 is adopted as follovvs:
3.65.230 Movement and Relocation of Facitities.
A. Relocadon of facilities at the request of a third,p,Aty_
If anv removal, cepl8c,ement, modification or disconnectioa of the cable svstetn is required to
accommodate the oonstruction, operation or repair of the facilities or equipment of another Ci
cable franchise hfllder(sl. grantee shall, after at leW fl~rt~days advance written notice, take
action to effect the necesM chang_Mquested the reMgnsible entityas long as the other
franchise holder(s) vav for the grantee's time and material costs as.sociated with the proLect acd
grantee is issued a permit for such work by the City.
2. The gmtee shall, un reasonable Qrior written request af anv subscriber, relocaie its aerial
disbributioa cable facilities undsrnround, as long as the subscriber oavs for the mntee's time and
material cogs associated with the pWject and grantee is issued a pennit for _sus.h work kLt-hg
QW.
3. In the event an under,ground coaversiop of cable facilities is reauired as part of the ~tr~oet
improvement condition(s) of a new land use develooment, not associated with e City desianated
capital improvement project a franchise shall in no wav limit the grantee's right to bill and
collect in advance all time and material costs associated with the undeMound conversion of the
cable system from the person responsible for the land use develo~.ment project.
4. At the request of anv persoa holding a validpermit and u,pon reasonable advance notice and
pavment by the permit holder of grantee's expenses of such tempora ~r~ change, arantee shall
Ordinance 09-030 Cable Page 17 of'32
DRAFT
temuararil}, raiset lower or remove its facilities as neces to accomtnodate a psrmittee of the
Cit .
B. Relocation at Re4uest of the Ci y.
l. Upon at least sixty davs prior %ti7itten notice to grantee, tlie City shall have the ri,ghi to require
ran ee to relocate anv part of the cable svstem within the rights-of-wav when the saferi, health
or welfare of the public requires such chan M and the exDense thereof shall be paid bv ¢rantee.
The Ci , may, at its optioa, provide more than sixtx da„ys notice. After receiFt of such notice,
grantee shall complete relocaiion of its facilities at least five da,s priar to commencement of the
project or an agLved upon date bv both arties. Should ¢rantee fail to remove or relocate My
such facilities by the date established by the Citv, the City ma,y effect such removal or relocation,
and the expense thereof shall be_~id bygrantee, including all costs and exaenses incumed bv the
City due to gantee,s delav. If the Cit~+ rec~uires grantee to relocate its facilities loc8ted within
the rits-of-wa„y- the City shall make a rea.sonable effort to provide grantee with an alternate
location within the ri t-of-wa .~f ppblic funds are available to anv person using such ri~,thts-of-
way for the u se of defraying the oost of UX of the foreg~oing,.._the granteq-mav make
Wlication f4,r such funds.
2. ju the case of relocation Orojocts where the oonversioa of overhead utilities is within a Ciiv
capital imvroveinent project, then the, gantee shall pgALcipate in the ioint trenchinQ aortion of
the Proaect, and grantee shall pa,y to the Citv ¢raatee's pgrtion of the traffic control and trencb
costs. .mcluding excavation and other associated costs, trench bet~ding, end backfill
commensurate with grantee's ppgportionate share of treach usage. However, if hids from the
Ci r it's designated contractor for placement of grantee's conduits and vaullsl.pedestals in the
supplied ioint trench. in the reasonable e, tiM.,niioa of the gMtee are not acceptable, the grantee
shall ave the option to utilize contractor(s) of its choice to compleie the reauired work., so loag
as use bv ¢rantee of its contracto s does not detay_ft Citv oroject. The Ci _ or its designaied
contractor shall coocdinate with the grantee's contrector(s) to urovide reasonable Aotice and time
to complete the placemenx of the graatee's facilities in the su.pp,plied.ioint trench.
3. Nothing in a franchise made under this chaater shallprevent the City from constructinQ any
public waric or capital impeovement Further, the Citv shall have the right to require gmntee to
relocate, remove, replace, modifv or disconnect grantee's facilities and equipment located in th,~
' it of-wayo ur on an ►other p~ropertv of the City in the eveat of an emergeney or when
pecessarv to protect or further the health, safetv or welfare of x.he e_„neral public. and such woA
shall be tDerfornned 4Lgrantee's expense. Followin¬ice bv the Citx. ¢i-antee shall relocate,
remove, replace, modifv or disconnect an)of its facilities or equipment within anv rittht-of-way-,
or on anv other propert}, of the City.
4. If the grantee fails to complete the above work within the time Qrescribed bv the City, 'ven
the nature and extent of the work, or if it is not done to the Citv's reasonable satisfactioa, the
CiW may cause such w rk o done and bill the reasonable cost of the work to the grantee.
includine all reasonable costs and expgiase,s incurred by the City due to grantee's delav. In such,
event, the Citv shall not be liable for 4ny d to ao rtion of Q,rantee's cable strstem•
Grantee shall pav the City within nineiv days of receipt of an itemized list of those costs. The
City shall iv~~ e consideration to anv circumstances outside the grantee's control preventing
grantee's completion of work.
Ordinance 09-030 Cable Page 18 of 32
DRAFT
~
5ection 26. Adoptuig Spol:ane Valle} Municigal Lode Section 3.65.24U. Spulane Vallev
Municipai Code Section 3.65,240 is adopted as fotlows:
3.65.240 Tree Trtmming,
A grantee shalt have the auth2[jV to conduct pminR and trimming for access to cable lystem facilides i.a
the rights-of-wav subiect to compliance with applicable City Code relatintt to the same as adopted or
amended All such trimming, shall be done ai the Qrantee's sole cost and eUense. The ¢rantee be
resaonsible for any damage caused bv such trimminst.
Sectloa 27, Adopting Spokane Vallev Municipal Code Section 3.65.250, Suok= Valley
MuniciM Code Section 3.65.250 is adopted as follows:
3.65.250 VacAtion.
The Citv mav vacate any C.tty road. ri t-of-way or other City_roperty which is subiect to rigbts graoted
by a fmnchise under this chapter, but the gra.ntee shall be provided notice of such vacation proceedinAs
and the onnortunit3T to secure future use rights as allowed under the CitY's Municipal Code.
Section 28. Ado.pting Spokane Valley Municipal Code S tion 3.65.260. Sp2kane Valley
Municipal Code Seciion 3.65.264 is adopted as follows:
3.65160 Abandonmeat Qf Grantee's Facilities.
No facilitv constructed or owned by agrantee may be abandoned %tiithout the express written consent of
the Gi
Section 29. Adopting Spgkane Vallev Municipal Code Section 3.65.270. Spokane Vallev
Municipal Code Section 3.65170 is edo,pted as follows:
3.65170 Msps, Book% and Records.
A. Grantee "ll provide to the Citv Won request:
1 route manthat depicts the gmeral krgatioa of the cable svstem facilities placed in the rights-
4f way. The route man shall identify cable svsUem facilities as aerial or under&rvund aod is nat
mguired to depict cable bes number of cables, electronic equipmeni, and service lines to
individual subscribers Th+e &mntee sWl also provide. if mquested, an electmnic format of the
aeriaVundec¢round facilities in relation to the riQht~y centerlinc refemce to allow the CitY to
add this infortnation to the Citv's GIS omgram: snd
2 A cM of all FCC filinga which relate to the opgration of the ceble svstem in the franchise area.
B To the extent such requests are limited to sp@cific facilities at a given location within the franchise
area in connection with the construction of any Cit3- vroject, grantee shall coooeraie with the Cily, upon
tfie Ciri's reasonable request, to field locate its facilities in order to facilitate design and planning of CiLy
improvement prajects.
I Urdinance 09-030 Cable PaQe 19 of 32
DRAFT
C The City has the riQht to inspect books and records of grantee which are reasonably necessaa to
monitor a Rrantee's compliance with the provision of cable services Within receipt of written natice
from the Ci to inspect a grantee's baoks and records under this section, the grantee shall within five
business davs or e mutually a¢reeable date and time, accommodate the City's request at the grantee's
business off ce in the Citv, during noraial business hours, and without unreasonablv interfering with the
grantee's business operations. All such documents pertaining to financial matters shall be preserved and
maintained in accordance with gra.ntee's siandard record retention nolicy except for fiaancial racords
which aregoverned b,y SVMC 3.65.050(D).
D. The Citv has the ri t to uest a coRy of the b~ks and recards that are noi identified as proprie
or confidential For pw=se of this section, the terms "proprietary or confideatial" include but are not
limited to, informatioa relating to the cable V em desiM customer lists, marketing vlaas, financial
information unrelated to the calculation of franchise fees or rates Rursuant to FCG rules, or other
informatiQo that is reasonably determined by the grantee to be competitivelv sensitive.
1. The City shall have a rijzht to inspect but the grantee shall not be required to release
infortnation that it reasonablv deems to be pmprigtM or confidential in nature provided that this
shall not prevent the retease of such propri~,tarK or coafidential documents for aurposes of aav
enforcement proceeding -vvhene appropriate leg,a„J ste-ps are available to address gra~ntee's concems
rggardin¢, canfidentialitv In the event the grantee asserts that certain information is prorietarv
or confidential in nature, the grantee shall identa, eng erally the information wliich it deems
proprietary and confidential and the rmons for its confidentiality in writing to the City_Fsch
pase of such information provideri will be cleariy marked as "proprietary and confidential." The
Citv a~s to treat anv information disclosed by the gra,atee as confidential and only to disclose
it to those emplovees, representatives. and agents of the Citv that have a ~eed to know in order to
enfarce the franchise asuegment and who agree to maintain the confidentiality of all such
inf rmation. The Arantee shall not be required to provide customet information in violation of
Section 631 of the Cable Act or any other epplicable federal or state privacy law.
2. Informalion submitted to the Ciiy may be subjeci to insuection and cop, 'ymg under t6e
WashingtQn Public Disclosure Act codified in RCW 42.56. The City shall timely_pmide a
graic tee with a cQpy Qf py public disclosure rquest to ins Qr qm
documentation/iaformaiion which the._grantee has provided to the Gitv and merked as
"proprie and confidential" prior to allowin&any i_nspection and/or copving as well as provide
the grantee with a time frame, consisteat with RCW 42.56.520, to provide the Citv with its
written basis for non-disclosure of the requested documentation/information. In the event the
Cit.y disagMes with the grantee's basis for non-disclosure. the City agrees to withhold release of
the Mguested documentation/information in din.ute for a reasonable amount of time to allow
grantee an opao^ty to file a legal action under RCW 42.56•540•
Sectioa 30. Adopting Spokane Valley Muaicival Cvde Section 3.65.280. Spokane Vallev
Munici~al Code Section 3.65.280 i as follows:
3.65Z80 Rep4 tr~
A. File for Public Inspection. A grantee shall maintain at its business office, in a file availabla forpublic
inspection during, normal business hours, those documents reguired pursuant to the FCC's rules and
regulations.
Ordinance 09-030 Cable Page 20 of 32
DRA F'T
P. Complaint File and Reports. Agrantee will keep an accurate and comarehensive file of all
complaints reg,arding the system and grantee's actions in response to those complaints in a manner
Gonsisteat with theprivacv rights of subscribers. Upan thirty day,s written requestg'antee will provide a
report to the Ci t t contains total number and summarv of all complaints received by cate~o ,ry. lensrth
of time taken to resolve and acdon tal:en to urovide resolution.
C. Annual Report. No later than March 31st of each vear. if requested bv the Ci y, rantee shall file a
written report with the Gitv, which shall include:
1 a summsrv of the previous calendar year?s accivities in development of this system, including
but not limited to services be¢un or dmpped. number of subscribers (including..gains and losses)
different classes if
homes passed, and miles of cable distribution plant in service (includiny
;
aRplicable
2 an audiied financial statement, including a statemeiit Qf income, a statement of retained
eami ,_n~,~ a balance sheet, a statement of soumes and applicatious of funds, a fixed asset
statement showing for each account or category, the original cost and accumulated deareciation
balances and activitv, and a depreciatian statement shawing the detailed calculation of
depreciation expense for the year. The statement shall inglude notes that s.,pecify all sitn i ficant
accounting nQlicies and practices upon wfiich it is based (includin& but not limited to,
depreciation rates and methodology. overhead and intrasvstem cost allocation methods. and basis
for interest exaense). A summarv shall be provided compgWg the current vear with previous
vean since the be innin.g of the franchise The statement shall contain a summM of franchise
fee pavmeats and any adjustment thereio as spmified in Ci Code. In any year the City re~uires
an audited financial statement pursuent to this subsectiom aad an audited financial statement in
cQmpliance with this subsection is provided by LZmtee_,._that grantee shall not be Muired tQ
submit another sudited fiwcial staxement far that vear which otherwise maybere uired.
3. a current statement of cost of anx construction by component categan►;
4, a summary of com lain identifving the number and nature of comDlaints and their
dis,Qosition;
5. if agrantee is a coMoration a list of officers end members of the board and the officm and
board members of any varent corporaiion:
6 a list of all pgtners or stockholders holdipg oaeyercent or more ownership interest in e
gMtee and anY v=et corporation; provided, however, that when an y_parent corooraiion has in
excess of one tbousand shareholders and its shares are publicly traded on a national stock
exchange, then a list af the twenty larges# stockholders of the voting stock af sue6 e4Wration
shall be disclosed:
7. a copv of all af a erantee'S written rules and rgRulations applicable to subscribers and users of
the cable system:
8. any addiuonal iaformation related to oQe~rahon of the cable svstem as reasonablv requested
the Ci .
Ordinance 09-030 Cable Page 21 of 32
DRAFT
D. Cust m r Service Repgrts. Grantee shall maintain a quarterly compliance specific to the
system in the franchise area and shall provide such report to the Ci,t„y at the!~t quest of the Citv Such
report shall demonstrate grantee's compliance with the customer senrice standards set forth herein.
E. Grantee shall, upon request of the Citv, mal:e available to the Public Works Director a descriptiQn af
construction plans for the following twelve months.
F. Grantee shall, upon request of the City, make available a cop,v of the final report an each proof of
performance test of each technical parameter defin in Part 76 of the Rules and ReRulations of the FCC.
Section 31. Adopting Spokane Vallev MurUCipal Code Section 3.6J.290. SQokane Vallev
Muaicipal Code Section 3.65.290 is ado~ted as follows:
3.65.290 Cttstomer Service Standards
A. A strantee shall comply in all respects with the customer service standerds contained berein.
~O,ble federalstate and local laws and rejulation4
B. A gmtee shall comRl... v at all times with all $.pph
nnw ing discrimination, as adoated or amende.
C. Inoroviding service, eaantee shall maintain a convenient local customer service location in either
the Ci .ty of Spokane Vai or the City of S~okane for receivinst subscriber payments. handlin bg illin~
guestions, eguipment replacement and dis nsing customer service information. Also, the grantee will
endeavor to acc,ommodate a bill pavment location in the City-_as long as there is an acceptable 3'd party
vendor available to support the service in accordance with the grantee's business prectices.
D. When similar complaints have been made bv a number of subscribersor w+here ather evidence exists
which, in the reasonable iudgmont of the Ciri, casts doubt on the reliability or quelitv of the cable
service, the City, notwithstanding any other provisicins of this franchise agreement, shall have the right
and authorittv o reguire thai sumtee test, anaJvze and reQort on t6e performance of the system reladve to
-prior written notice from the Citv, the granteg
applicable technical standards of the FCC. UQon 30-day
shall fulty coogerate with the Citv in performing such testing and shall reaare a written reQort of the
results. if Muested.
E. A granx,shall safisfiLthg co mtection and service standards as outtined belaw.
1. Cable syst m office hours and telephone availabilitv:
a. Grantee will maintain a local, toil-free or collect call telephone access liue which will
be available to its subscribers twentv-four hours a day, seven davs a week.
i. Tr4ined rantee reQreseotatives will be ava.ilable to re~Mnd to customer
tele hone jnquiries during normal business hours.
ii. After normal business hour~ the access line mav be answered bv a service or
an 8utomated res,ponse sxstem. including an answering machine. Inquirias
received afler normal business hours must be res.ponded to by_a trained grantee
rgpresentative on the next business daY.
Ordinancc 09-030 Cable Page 22 of 32
D1L41:j.
b. 4Jnder namia1 operating _ conditions. tel+ephone a.~swer time ~customer
Mresentative including wait time shali o e ec nds when the cortn tion
is made. If the cail needs to be transferred, tMjer tirne sha11 not execed ihiM speonds.
These standards shall _be met no less then nlr~~lv peMn~ of the time ~der nor~al
o~~a conditigns, mmurW oc~ aq_ erlybasi§.
c. Grantee shal1 ~ossess eqLtipment to measure comr~ ian~ee N%rith the te1eor~e ar~sweriniz '
st.and$rds above.
d. Un+der iiormal operating conditions,. the CListomer will receive abu si_nai 1ess t~~~~l
three rcent vf the ime.
"t ~eas# durinL
-pe
e. Gustomef service center and bi~~ ~y-ment _I catioi~s witl be o
norntal businm'urs.
2. tn"lOuta es d ServiCaIls. Under uqriiiLaj qp4er$ci~~ condiugns. eact1 ±of M1,
followin,g standar+ds will be met nn less than ~~e!y-f ve pereent of the time Measured Qn a
ctuarterly bmis_
a. Standard ' ati will ~rformei widiin seven business days afterr an order hss
bmn placed.
i, ThL "UMintment vrindvw" altera.aEives for installations, serviee ~lls and
other rnstaDlation activitie~ will be either a ~Mif°ic time or, at maxirmum, _a
hour time block dun'ne norrnal bausiness hours, (Uantee m" sc'hedule service
calls and othec installation ectitifities aut.side of nvrmal business bourrs for e
gVress convenience of th+e custoa~er.)
ii. Grantee maLEat canrel sn a~~o~nt~~rat ~rilth ~~~t€~mer a~~r the cl~
Wu1od ~~tme~t,
busin~ n th ~ b~sin~ day~ r tc~ t~e scb
iii. If gLaptqq's reMsentative is runnm&jat+e for aan aRggiqtment with a custamer
and wi11 nat be ab1e ta k+eep 1the apNinntment as scheduled. the gxantee shall us
its best ef~'t~rts o cc~n#a+ct the c~utoznec~~or to t~e t~m~ L~~ s~~~duEesd
ImM at a -6= wbich
gpMintMent. The_a.ppaintmeat witl tg cpsc,heduiei as nogt
is g nven.ient far the c~~~~mer. _
jv, 1lntler na~l o~erg~i~,~~nditions, if ~tee cannot Zrform
within the times specified in Wlicable customer staLndadthe_grantee shall
offer th pb%riker a cred.it ~,~1 ta the charge fa~ a standard installation or
ftr comon.sad.ion of eQual or Mater rralue, For non-standard instailation.
mwtee-,shall afi~empt to contact a subscraber rre~ue~ting ~~~t~~~E~ ~f Ghar;~es
within seven business da s of receiving th+e request by the Saubscriber. 1~is
subsectiou dces na1 apql'~~ to the introduction of new iDroducts and senr3oes whe~
~tee is utilizing aDhased inixcduciian.
b. ExcIuding canditians bond the cc~ntrol of grantee, grgItMv~iil b~n workin-m -Qn
,qM after the
"service interr°u tione" pr~~ w ar~d in no eveni lat+er ffirn tweniy-hur b
ini~tion becomes knowaz. G-rantee_ must in a+ctia t_ ather serui
robl ms the next bu!jiness d~ after natification of the setvice Mblem. Grantee shall
Ordinance 09-030 Cab1e Page 23 vf 32
DRAFT
resolve all service interruptions to the extent reasonably nossible within fortv-ei¢ht hows
under normal oerating conditions.
i. In t.hose cases where service as not restored within twen-four hours du
unusual circumstances, the reasoas far the dela-shall b.g fullv documented in an
outa$e log,
ii. Under normal operating conditions, if after nvenjy-four liours service is not
restored to a subscriber, grantee shall, upon a subscriber's re,uest,Lnrov~ ide a
refund or credit or other compgnsation of _Yual or gmter value.
T
iii. As subscribers are connected or reconnected to the svstem,Zrantee shallbv
ber
apnropriate means such as a card or brochure, furnish geoeral subscri
information (including b„ ut not limited totterms of service and procedures for
making, inquiries or cocn,plaints. includinQ the name, address and local telephone
number of the employee or employees or a~~at to whom such inauin
complaints are to he addressed) and furnish information concerniag_the Ciri+
office responsible for the administration of the franchise agreement, includinR
the address and telephone number of seid office.
3. Communication~ betwecn ¢rantee and subscribers.
a. Notifications t subscribers.
i. Grantee shall provide written information on each of the following areas ai the
time of installation of service, at least snnuallv to all subscriberstiand at any-fi=
Wn request to subscriber or the City.
1. Products and services offered.
2. Prices and options for prosmnmiservices and conditions of
subscription to prost,ramming and other services.
3. Installation and service maintenance policies.
4. Instructions on how to use the cable service.
S. Cbannel uositions Qf the proga rmm' .u, carried Qn the svstem: and
W&the address and
6. Billing and complaint procedure.s, includ
telephone number of the Citx
b. Rate/ProgomminA Changes.
i. Subscribers will be notified of anv changes in rates ro ing services or
channel positions as soon as possible in writing. N4tire must be '~ven to
subscribers a minimum of thirtv daxs in edvance of such changes if the changes
are within the contr ol of the grantee. In addition, the grantee shall notifY
subscribers thirty davs in advance of any significant chanAes in the other
information reguired by this section. Grantee shall not be re4uired to urovide
prior notice of any rate changes as a result of e rMlaiorv fee, franchise fee or
other fees, tax, assessment or charge of an r~kind i~sed b~ federal agenc~
state or City on tbe transaction between the grantee and the subscriber.
Ordinance 09-030 Cable Page 24 of 3 2
I) 1k'.-i T.7
CJf
grantee notifies Ciiy and subscribers in writing thi a days urior to snv channel
@dditions, deletioas or realignments directed to each subscriber individual k
through mailed notice or as an insert or addendum to the subscriber's rnonthl \
bill email or other means reasonablv calculated to eive the subscriber and thL
City advanced natice, and further subject to Mntee's signal carriage obtigationhereunder and pursuant to 47 U.S C& 531-536, and further subject to City'~
ri~,ghts pursuant to 47 U.S.C. § 545. Location and relocacion of the PEG channel,
Aall be aoverned bv the franchise a,u,reement, and further to
categorv requirements contained within the franchise Ureement.
c. Biliing•
i. Bills wiU be clear, concise and understandable. Bills must be fulty itemized.
with itemizations including., but noi limited to, basic end premium service
charges and equipment charRes. Bills will also clearlv delineate all activi
during ,the billing period, includinA,optional charges, rebates end credits..
ii. Billiog complaints shall be responded to promRtly, but in no event latar t
within sevea davs of receipt.
d. Refunds. Refund checks will be issued pmmutlv. but no later then eitherr,
i, the subscriber's next bitling cvcle following t~e~olution of the request or thiriv
davs, whichever is earlier, or
ii, the return of the equipment supplied by-grantee if service is terminated.
e, Gredits. Credits for secvice will be issued ao later tban the subscn'ber's next bi 'n
cvele followina tfie determination that a credit is w~ted.
Subscriber Charges. A list of grantee's cwTent subscriber rates and charges for cable
servict shall be maintained on file with City and shall be available for public inspection.
F. Agrantee shall comptv witfi all applicable federal and staie privacv law& includuut Section 631 of the
Cable Act and regulations ado~ ~ pursuant thereto.
Section 32. Adopting Svokane Vallev Municipal Code Secaon 3.65304. Spglgm,e V ll~
Municipal Gade Section 3.65.300 is adopted as follows:
3.65.300 Cable Advisory Board.
City reserves the rit to maintain a Cable Advisory Board for advisorv purposes onlv,_The grantee
arees to coopgrate with reasonable req.uests for informaiion, through the desigLaated Ci representatim
o su rt the Cable Advisory Board.
I Ordinance 09-030 Cable Page 25 of 32
DRAFT
Section 33. Adovting Suokane Valley Municipal Gode Section 3,65.310. Sp,Q_kaae Vallex
Municipal Code Section 3.65.300 is adoQted as follaws:
3.65.310 Citv Ordinances and Regulations:
In the event of a conflict between the Municipal Code and rezulations and the terms of a fianchisegranted
under this c ter the terms of the franchise shall control subiect to the limitation of the City's exercise of
the police__powers set forth below. Subject to federal and state preemption, t~e maierial temns and
conditions contained in the franchise ma,y not be unilaterallv altered bv the Ci y through su uent
amendments to an,y ordinance, rsftulation, resolution or other enactment of the Citv, exceDt within the lawful
exercise of the City's polic,e power. Graatm has the right to challengre anv Citv ordinance or regulatian that
conflicts with its right.s under a franchise. A tuantee's riahts under a franchise are subject to the police
powers of the City to adopt and enforce Qrdinances neces.sarv to protect the health, safetv and welfare af ke
public, and grantee ag[ees to comply with all a.pplicable laws and ordinances enacted by be Citv nursuant to
such power so long as the same do not unduh, discriminate a a.inst ntee.
Section 34. Adopting Spokane Valley Municjpal Gade Section 3.65.320. Spokane Valley.
MuniciWal Code Section 3.65.320 is adouted as follows:
3.65320 I ademnification.
A grantee shall, ai its sole cost snd expcnse, indemnif), and hald harRileg the CityLits officialsboards
cammissions, agents and emplovaes against any and all third vartv claims, suits, causes of actioa,
proceeding& and 'u~ents for injurv, loss, or damUe arising out of the construction, reconstruction,
use, operation. ownershiQ Snd maintenance of the cable svstem under a franchise agreemen4 except that
no such requirement shall aavlv where such claim suit& causes of actions, proceedin .,and iudgments
for dama e are ocxasioned by,the active aegligence. ¢ross negligence or intentional acts of 1he CiV or its
officials. board.s. cammissions, agents and emplQyees while actia on ehalf of the Ci 'Iriese damages
shall include. but not be limited to, claims made a.gainst the Cit}- by the franchisee's emDloyees from
which the franchisee would otherwise be immune under Title 51 RCW, penalties arising out of ca i t
infringements and damages arisinst out af any failure by the qrantee to secure consents fmm the owners.,
authorized distributors or licensees ofprogms to be delivered bv the grantee's cable svstem wheiher or
not any act or omission comnlained of is authQrited, allowed, or prohibited by a franchise ap-eement,
Indemnified eoenses shall _include, but not be limited to, all out-of-vocket expenses, such as costs and
attornevs' fees, and shall also include the reasonable value of any services rendered bv the Office of the
City Attome,yor any outside consultants employed_by the City. Grantee shall not be required to providc
Citv for orogmmmg.cablecast over the access channel administeredby City.
indemnification to
The Citv_s_hall give the arantee timelv written notice of any cl,aim ar of the commencement of any actaon,
suit r o er Qroceeding covered by ~e iademni!y in this sectioa but failure to give notice is not~
d,efease to the indemnification obli tga ions exceut to the extent of actual prejudice. In the event any such
claim arises, the Citv or anv other indemnified partv shall tender the defense thereof to the gantee and
the graatee shall have the obligation end duty to defend, through services of competent counsel
satisfactory to the City, settle or compromise any claims arising thereunder. If the Cit,y determines that ft
is nccessarv for it to employ sevara se,l, the costs for gLch KWme counsel shall be the
res i ilitxof the Citv.
Section 35. Adopting Spokane Valley Municipal Code Section 3.65.330. SpQkane Valley
Municipal Code Section 3.65330 is adopted as follows:
4rdinance 09-030 Cable Page 26 of 32
DRAFT
3.65330 Insurance.
A Upon the granting of a franchise agreement under this chaater and following simultaneously with the
fi,'ng of Xhe acceptance of a 5-anchise agreement and at all times during the term of a franchise
agreement, the. graatee shall obtaia, pav all premiums for, and deliver to the Citv. written evidence of
pavment ofpremiutns for and a certificate of insurance, naming the City as an additionat insure& with a
~ wmpany licensed t4 do business in the State of Washington with a rating by A.M. Best and Co. of not
less tw "A" oc equivalent, for the following,:
l. A comprehensive commercial or general liabilitv insurance policv or policies, issued by an
insucance carrier liceased tQ do business in the State of Washington Said policy or tglicies shall
pav oa behalf of and defend the City. its officials, boards, commissions, agents or emplovees
from anv and all claims by any verson whatsaever (including the costs defense costs, attornevs'
fees and interest arisine therefrom) on account of personal iniur, bodily injuly Qr death of a
person or persons or damages toprop,ggY occasioned by the operations of the grantee under a
fra.nchise aMement, or alleged to have been so caused or occurred, with a minimum combined
single limit of $1,000.000 Rer occurrence, and $2,000,000 general ag¢re atg e far personal injurv,
bodilv inj,_urX aod propertv damage.
2 A eompreheosive automobile liability insuranceMlicy or oolicies, issued bv an insurance
carcier licensed to do business in the State of Washington. Said volicy or policies shall pav on
behalf of and defend the City, its ofFcials boards. commissions. agents or ernployees froin any
and all claims by anv aerson whatsaever (including the costs, defense costs, attornevs' fees and
interest arising therefrom for bodilv injury 8ad proaertv damage occasioned bv any vehicle
operation of the grantee, or alleged to have been so caused or occurred, with a minimum liabilitt
of $1 .000.000 Wr person and $5,000.000 in anv one accident or occurrence.
B Not less tlian thirtti• days prior to its expiration Qrantee shall deliver to City, a subsiitute, renewal or
reQlacement policy,or bond conformin tR a the.provisions of this Chapter.
Sertion 36. Adopting Spokane Vallev Municiaal Code Section 3.65.340. Snokane Vallev
Municipal Code Section 3.65.340 is adopted as follows:
3.65340 Performance Bond.
A Within siaty days of the ef'fective date of a franchise, grantee will provide a perforniance bond to the
Cit,y in the totat sum of $250,000, which will remain in effect for the term of the franchise. The
performance bond is to ensure the faithful performance of su-antee's obligations under the franchise
including, the pavment bv the arantee of any oenalties, claims, liens fees or taxes due the City which
arise by reason of the operation, maintenance, or consUvction of the cable svstem within the franchise
gea.
B lf a franchise is terminata or upgn expiratioo or renewal, or transfer of a franchise, the Ci will
ceturn the original bond or sign the necessary documentaiion to release the bond promptiy if Mtee does
nvt owe funds to the Citv or is not in default of a material provision of the fraachise.
Section 37. Adopting Spokane Valley Municipal Gode Section 3.65.350. Spol:aae Volley
Municipal Code Section 3.65.350 is adopted as follows:
Ordinance 09-030 Cable Page 27 of 32
DRAFT
3.65.350 Remedies to Enforce ComlaUance,
A. This sectiQn does not applY to revocation of e franchise agreement. Whenever ithe Ci see t
enforce a franchise agreement, it shall first provide written notic.e to the grantee of the aature of the
problem and requested action, to eg ther with anv analicable time frame for re,soonse. Anv time limits
here or in a franchise agreement mav be modified by written stipulation of the City and grantee, eaceat
time limits relating to revocation of a franchise a¢mgment or where otherwise required by law wust be
approved by tne citv council.
B. Except in caw Qf urgency or public need relating to manastement of the public rigbt-of-wav as
re~asanably determined by the Citv, the grantee ha,s~y dW from receipt of such notice to gnond in
vvriting to the City official sending the notice:
1. contestinst it; or
2. accepting it and ap-reeing to cure as re uq esied within time limit5 specified; or
3. requesting addirional time or other modiftcations. In such event, Qrantee shall vromptl,~take
all remnable steps to cure the default, kee~'m.g the Citv informed as to the stevs to be taken and
a pmjected completion date.
C. If the Citv is not satisfied with the grantee's response, both parties shall meet informally to discuss
the matter. If these discussions do not lead to resolution of the problem, the City shall nQtifv the Lzrantee
in writing. Grantee uiav thereafter reguest a hearintheneafter as 12rovided in this franchi$e.
D No provision of a fianchise is intended to affoct the riqht of eithor narly to seekjudicial re 'ef from a
violation of an,y.nrovision of a franchise, or any regulation or directive under a franchise. The existenoe
of other remedies under a franchise does not limit the right of either partv to recover moaet,arv damagg&
or to seek iudicial enforcement of obliptions bv spocific perfonnancG, iniunctive relief or mandate, or
any other remedy at law or in equity.
Section 38. AdoQting Spokane Valley Municipal Code Section 3.65.360. Spokane Valley
Municipal Code Section 3.65.360 is adopted as follows:
3.65.360 Liquidated DamWes,
A. Because grantee's failure to camplv with the provisionspf a franchise agreement witl result in damage
to the Citv and because ii will be impractical to determine ttie actual amount of such damae the CitY
and Mtee hereby aM upon and specify certain amounts set forih hereafter in this section wiiicb
represent both varties' best estimate of the damaAes. Uama,ges associated with non-pavtnent of franchise
fees are not subiect to this section.
B The City shal! Vecifv anv damages subiect to this section and sha11 include such information in the
notice sent to grantce req,uired under SYMC 3.65.350, Such a notice mtay provide for dama¢es sustained
prior to the notice wb,ere so provided, and subseQuent thereto uending compliance by grantee•
C. To the extent that the Citv elects to assess liquidated dama¢es as provided in this section, and such
.
liquidated damages have been paid, the parties ag,ree that this shall be the C' s sole and exclusive
Ordinance 09-030 Cable Page 28 of 32
DX:=IITT
damage remedy in lieu of ectual damages: provided, howeyer, this shall not_limit_the riv-ht of the City to
setk ecitiitable or other rel.ief as reser%•ed in SVNIC 3.65.370.
D Unless otherwise provided liquidated dacnages do not accrue after the timel filing of a request for
hearing., by,grantee until the time of a decisian from the hearing Nothing, im this section prevents the
parties from settling anxdispute relatung to liauidated damages bv muriw stipularion.
E Grantee may cury the breach or violation within the time sper.iFied to netition fc,r reN h:%% tt-i che c_~M"s
sitisfaction. ~vhereupon rio li uidated dama<`es are as,esseci.
l.i.After tultilli»v, the proLedurz rcyuireii unclcr SVN1C 3.65. 35(i, ~!rantec 1ua; tliirtN iimls tt? ) sucli
amounts or grantee M seek review of anv assessment of liq,uidated damages under SVMC 3.65.36().
Liguidated damMs shall be immediatelv„~vayable from the rerfc►rrnance hon~, _if revie~v is not sousht or
if not paid within the thirtv daKoe~y the gmtee,
c Schedule of Liauidated Damages Liquidated dainages are set u.> iullo~Y5 Ali uniuuuus ai;4rue
day, but nat beyond the number of days to exceed the amaunt af $10,000 per twelve month period unle~-
specifically provided Nothingmguires the Citv to assess liquidated damages, actinR in its solQ
discretion but such event does not oWrate as weiver or estoppel upon the City. Damages resulting froll
failure to pav franchise fees or PEG capital contributioas may be rec.overed in whole, without limivl-':.
H. Pursuant to the requirements outliaed herein, liq.uidated damages sball nat exceed the fol i
amounts:
1 Five hundred dollars per day for failure to provide cable service as promised in Section
3 65 070 of this chapter; one hundred dollars Wr day for material departwe from the FCC
technical perfortnance standards. fi dollars per day for failure to provide the PEG channel or
any PEG fee related thereto which is required hereunder; Qne hundred dollars per day for each
material violation of the customer service standards; twenty five dollars per day for failure t4
provide reports or ootices as mguired by this chapter, and one hundred dollars per day for @nv
tnaterial breaches or defaults not eownerated herein.
2 Where g[antee has throe or more of the same violation or breach events (an "event" mav
involve multiple customers but is discrete in time ar circumstances) within anv twelve mQnth
period. all applicable dmneges amounts ere doubled.
Sectioa 39. AdopiinQ Suokane Valley Municipal Code Section 3.65.370. Snokane Vallev
Municipal Code Section 3.65.370 is adopted as follows:
3.65.370 Heartngs.
Grantee may request a hearing as follows:
A Grantee fites a wTitten request within fourteen davs of receipt of a decision it wants reviewed with the
~„ity Manager. The request does not sta,y the effect of the decision or obliRation to comply or exercise of
any remedx available to the Citv except as othecwise provided. The Ci y Mana e~ r may conduct the
hearing or aanoint an alternate bearings officer, who shaU not be the persoa issui.ng the order or sucb
person's subordinate For matters exceeding $25,000 reasonably estimated valuo in s.antroversv as
detecmined by the Cit.y Manager, the g.rantee may file a request that the Ci , Hearings Examiner oonduct
Ordinance 09-030 Cable Page 29 of 32
DRAFT
the hearinq. A reasonable filing fee may be sd bv the HearinD. Examim or eg, nera.lly.applicable
ordinances.
B. The hearing mav be informal and shall be conducted within twenty- days, with at least ten davs prior
notice to both sides The ofl'icial conduciing the hearing is responsible to keep a record of anv materials
submitted and shall record the hearing bv video or audio taK. for matters exceeding $25.000 reasonable
estimated value amount in controversv. A written decision sball be issued within ten days. Either partv
may ap,Qeal the decision to a court of competent iurisdiction within thirtv days.
C. Except where othervvise orovided, at the conclusion of the City hearings orocess if grantee remains in
defaulL it shall correct said default in fifteen davs or as otherwise ordered b,y the City, In the event the
rantee oes not cure «-ithin such time to the City's reasonable satisfaction, the Citv may:
1. seek specific pecformance of anti, provision that reasonabl,y lends itself to such remedv as an
alternettive to damages, or seek other e4uitable relief; and/or
2. assess liquidated damages resulting from~r,antee's default if not alreadv done or await the
conclusion of the judicial process.
D. Where grantee seeks judicial review and ultimately orevails, any money iudgment against the C~
shall be uaid or may thereafter be offset bv Arentee, in grantee's discc~etion, a~ainst further franchise fee
payments due to the City. In such event, grantee shall notifY the City at least sixtv davs nrior to aaaly the
offset•
E. Nothing in this section Wanits the Ci ' ri t to seek to revoke a fraachise agmment in accordance
with SVMC 3.65.380,
Section 40. Adoptin¢~Saokane Vallev MuniciW Code Section 3.65.380. Spokane Valley
Municipal Code Section 3.65.380 is adopted as follows:
3.65.380 Revocation.
A. The Citv ma revoke a franchise agreement mede under this chapter and rescind all righLs and
privileAes associated therewith in the followinR circumsiances:
1. Grantee abandons e cable system, fails to cure a non-pavment of a quarterly frauchise fee
within 0 daYS of the reauired Mment dates or terminat~,s the cable system's operations; or
2. Grantee has a pattem of fa.iling to perform the material obligations listed under SVMC
3.65.360A.(8); or
3. Grantee attempts to evade any maten'al orovision of the franchise agreem.ent or practices M
fraud or deceit upon the City or subscribers.
B. Prior to revocation of a fra.uchise a=ment, the City shall give writtea notice to the wantee of its
intent to revoke the franchise ag,reemeot, settin& fotth the exect nature of the nancompliance. The
Rrantee shall have thirtx days from sucb nodce to object in writing~ and to state it,s reasons for such
objection and orovide anv explanation. In the event the City has not received a timely and satisfactorv
response from the ranteeT it majr then seek a revocation of the franchise a=ment by the City Council
in accordance with this section.
Ordinance 09-030 Cable Page 30 of 32
DRA FT
C T'he grantee maY file a revocation hearings request within 14 days of the Giri's wriiten notice of intent
to revoke the franchise with the Cily Hearings Examiner. The f ling fee shall be established by separate
resolution, and is considexed an a,poeal of an administrative decision Anv revocation hearing under this
subsection shall be consistent with SVMG 17.90, exceat as s.pecificallv set forth below. This shall
provide the grantee a fair ovuortunitv for full,parcicipatiQn, including the ri t to be rep~resented by legal
counseL and to introduce evidence. Within 20 days of the hearin¢, xhe Hearing Examiner shall issue a
recommendation to the citx council At the nea~t available citv council meeting with notice provided to
the grantee, the city council shall review the Citv Hearing Examiner's record and recommendetion,
allowring the grantee an opvortunitv to state its position on the matter reserving the rieht to set reasaaablc
time limits Within siM days after the xeview, tbe cit,y council shall dctermine whether to revoke the.
franchise aga'eemeAt: Qr if the breach at issue is cApable of being cured by the grantee, direct the grante~
to take appropriaie remedial action within the tune and in the manner and on the terms and conditions
that the ciV council determines am rrusonable under the circumstances The cily council shall issue fl
written decision and shall transaut a cop,y of the decision to the g-antee Anv appeal of the decision by
the city council shall be to Spokane Countv SuNrior Court within thirty (30) days of adoption of the
decision Upon tirnelv appeal, the effect of the revocation is staved Rgnding.final judicial resolution, but
this shatl not affect accruai of penalties or the right of the Cily to take anv other enforcement action,
including curing the default at ffantee's expense and liabiliri, also subject to iudiciat review. The parties
shall be entitled to such relief as the court may deem appropriate.
D The city council ma,y in its sole discretion take eny lawful action that it deems ap, r~opriate to enforce
the Ci 's rights under the franchise aMment in lieu of revocation.
Section 41. Adopting Spokane Vallev Munic_inal C'ocic Szctii,n 3.05.7190. 5~~k-)};ane \'a1(~-y
3.05.390 C:011clitiO►is ufSalC.
~reenieut ib IaMUII~ [erliliilatud. aiid tsic
If g renewsl of a franchise a¢reement is ueiiied ur a frwicliise ap
Cily lawfully acquires ovmership of the cable sxstem or bv its actions lawfullv effects a transfer of
ownership of the cable system to another verson, anv such acquisition or transfer shall be at a rice
deterniined Pursuant to the provisions of the Cnble Act.
Section 42 Adopting Spokaite Vallev N'lunicipal Codc Section 3.65.400. Spokane Vallcy
Municipal Cade Section 3,65.400 is adoptecl a,; follows:
3.65.400 Trnnsfer of RIg6ts.
~A franchisemnted under this eha ter may not be assigned or transferred without the writteii approval ot'
the Cit,y pursuant to theprovisions of the Cable Act However, grantee ean assign or transfer a fi-~nchisc
without approval of but uaon notice to the City to aax varent affliate or subsidiary af grantee or to eIn
entitv that ecquires all or substantiallv all the assets or Nuity of ¢rantee bv merg,er, sale, consolidation or
otherwise and for transfers in trust obtained to finance construction or operations of a cable system b~
pledg,in tg he system as callateral.
Seetion 43. SeverabiliLy. If'a«y section, senteilce, ciause or pilrase o1 this Urdinance SlioulcI
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity cli-
uneonstitutionalitv shall not affect the valiclitv or constitt3tiori:!! itv of ~iny othcr sect4v. ~Ontence. clau;~
01, ,(A'd1i< (-Vdin-ance.
Urdinance 09-030 C;able I'a~e ~ 1 ui':')'
DRAFT
Section 44. Effective Date. This Ordinance shall become effective five days after
publication of the Ordinance, or a summary thereof, in the official newspaper of the City.
Adopted this day of .2009.
City of Spokane Valle}-
Richard M. Munson, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney-
Date of Publication:
Effective Date:
Ordinance 09-030 Cable Page 32 of 32
. CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 9/29/09 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: County Contracts
GOVERNING LEGISLATION: Interlocal Agreements; RCW 39.34
PREVIOUS COUNCIL ACTION TAKEN: Approved Model Agreements July, 2006
BACKGROUND: The City of Spokane Valley has contracted with Spokane County for all
public safety services and several additional services since incorporation. Recently
several communication failures and large cost increases have made it difficult for the
City to effectively appropriate the correct budgeted amounts for County contracts. This
presentation demonstrates the challenges facing the City.
OPTIONS: N/A (Comment Only)
RECOMMENDED ACTION OR MOTION: N/A
BUDGET/FINANCIAL IMPACTS: The County Contracts illustrated in this presentation have
an $18.7 million impact on the City budget and the increase between 2008 and 2009 is $1.5
million or 9%.
STAFF CONTACT:
Senior Administrative Analyst, Morgan Koudelka
Administrative Analyst, John Pietro
ATTACHMENTS
PowerPoint Presentation
~
City of Spokane Valley- 2009 Public
Safety Service Agreements with
Spokane County:
Morgan Koudelka, Senior Administrative Analyst
John Pietro, Administrative Analyst
September 29, 2009
Public Safety Contracts
❑ Animal Control
❑ District Court
o Communications
o Emergency Management
❑ Pre-Trial
o Public Defender
o Prosecutor
❑ Law Enforcement
❑ Jail
❑ Geiger
z
1
~
Contract Components and Process
o Main cost components...
■ Salary and Benefits
■ Maintenance and Operations
■ Indirect Costs
■ (Offsetting revenue)
o Settle and. adjust features
■ Costs estimated based on budgeted amounts and usage history
■ Twelve equal payments
■ Reconciled to actual costs and actual use after year complete
s
A
Indirect Costs
❑ Direct Service Departments
■ Police
■ District Courl
■ Animal Control
❑ Central Service (support) Deparhnents
■ Human Resources
■ Facilities Maintenance
■ Purchasing
o Indirect costs are those costs that direct service deparlments incur from
work performed by central service departments
a
2
I ~
~
The Positives
❑ Ci#izens recognize quality services prpvided by Cvuniy
oSpokane Valley Staff maintain gvod relationships vith direct
service departments
❑County direct service depat-tmenfis responsive to requests foz
in#'ormation
❑ County direct service departrnent heads/stakebalders
cooperative and accom.modating during preparatian of recent
consultarit reparts for Spakane Valley
~
~
Challenges for 2009 ❑ Lack of notification
■ Geiger-Eleetronic Romp, Manitaring (EiiM) costs shifted ko city
■ 5igni#icant Proserutor and Pubiic Dcfcnder Attorney salary increases
■ Two years, af Cast of Living Adjustmenls (CflLA) in one year's salary and benefits
totals
~ Staffing lcvel changcs (Cam►nun ications, L aw lEnforoement & Geiger)
~ indirect cast increases-insuFance, IiifoTmax10f1 S}'SLe1x15, campus security, and
purchasing up as much as tvvo hundred percent from 2008
❑ Irnpact 4f other users an rateslcosts
■ Washington State Fatrol initiated case decresse
~ Gommunication technician hoars allocable to Law Enforcernent increased and oiher
department's bours decreawd
t] Contract violations
a Depreciation casts (incurred prior ta incorparation) entered in#o cost plan
~ Regional tax cvilection costs entered inzo Xhe cast plan
❑ Extensive review and re-review extends the cantract approval process
■ Difficult t,a verify cer#ain amvunk5 3vi#h informakion given
6
~
~ . . . . .
~j
Methodology arz.d Ca1culation Eff ors
Corrected During Cxty's Review
o Xmproper Depreciatian and Reg,ional Costs included
o Spokane Valley infraction deputy attQrney hours overstated
❑ Prosecutor costs added ta Anirnal Cnntrol indirect rate calculatian (rather
than removed due to segarate prosecutor cvntract)
o Distriet Caurt pasition salaries incorrectly calculated leading ta
understated totals -for felany and civil small claims division (which
Spok$ne Valley does not pay #hrough contract) and vverstated
rnisdemeanor salary totals {which Spokane Valley pays 'khrough contract}
❑ 7mproper Depreciatian nat removed frnm a11 support departrnents
7
L
- - ~
Comparison Between First a.nd Last
Versions of Estimates Received
2069 Flrs! 2U09 L85E
Cvrllr8Ct AmOUM Cantrad Amuanl D3fFerence
Anlmal C.o~'~roa 8 340,699 S 385,537 ffi 5,162
oIsIrlaCouri 4 923.677 5 E99..057 5 23.66u
Comrnunitatiens E 255,927 S 258,515 S (2.565)
EmergenCyr Sanrlces S 931443 S 90,598 S 2,865
Pre•Tria1 5 92,465 S 61'E9m $ 145
PNSewlor 5 485,369 $ 439.294 $ 8,074
PubliC D2rBndef 5 436,488 S 434,758 $ 1,732
Law lEnterecrnent 5 15.538.575 $ 15.201.734 $ 335,641
TWal $ 55.138,4d~ $ 17,762,451 5 974.491
8
4
i
Animal Control
( O.B1 % Inaoaso )
$400,000 I
3332.839 sM5,537
$350,000
~
$300,000
i
$250,000
I
$200.000
$150,000
'
$1ao,ooo I
$50,000
I
.
2008 Cootract 2009 Contract
❑ Slight increase in indirect rate from 24.71% to 25.45%
a Slight decrease in Spokane Valley usage rate from 48.44% to 47.44%
0 4.3 % inerease in estimated revenue collected (revenuc reduces the total contract amount)
s
~
~
District Court
( 20.249G(nerease )
$1,000,000 5899,e17
$900,000 I $748.327
$800,000
$700,000
$600,000 '
I
$500,000
I ~
$400,000
saoo,ooo ~
$200,000
$100,000
.
2008 Contract 2009 Contraet
o Spokane Valley percentage of court cases increased from 18.02% to 20.45%
o Salary and benefits increased 8% due to COLA and increase to County's retirement system
contribution rate
❑ Indirect cost rate increased from 17.79% to 19.92% due to a 48.03 % increase in campus
security costs allocable to District Court
,o
5
Impact of the Decrease in Washington
State Patrol Initiated Cases
❑ 2008 contract estimated usage rates based on offenses beNveen July 2006 and June 2007
0 2009 contract estimated usage rates based on offenses benveen July 2007 and June 2008
o Offense totals are multiplied by a weighted hour factor which is detcrmined by the County
time spent on each type of infraction
❑ Wcighted Spokane Valley usage rate is indicated below
I( zooa 20as
Offense Category Spokane Valley Spokano Counly VaAey Rate Spokane Valley Spokane County Valley Rate
Infradions I I 9,751 I 59,743 I 16.32% I ~ 9,764 I 55,302 I 17.8696
DV•Misdemeanor I I 315 I 883 I 356796 ~ I 297 I 829 I 35.8396
DUI I I 139 I 2.115 I 8.575b I 194 I 1.787 I 110.E8%
CriminalTraffic I I 1,420 I 5,825 ~ 24.384b I 1,457 ~ 5,825 I 25.01%
Caminal NT I ~ 844 I 2,574 25.02?6 I 647 2.460 I 26 96°h
Totaf I I 12,289 I 71,140 18.02°6 I 12,359 68,143 I 20.45:b
11
~
~
Communications
( 55.49 St increase )
•
$300.000
I
$250,000 s258,515
I
$200,000 I $166,262
$150,000
I
$100,000
I
$50,000
s- .
2008 Contrac! 2009 Contract
o Salary and benefits increased 30% due to correction of position error, COLA, and increase
to County's retirement system contribution rate
❑ Percentage allocable to Law Enforcement increased from 61.04% to 75.28%
❑ Costs have doubled in tNvo years
12
6
~
Emergency Management
( s.,s 9LInc.case)
$700,000
$90,000 -1 $85,291 $90,538
$80,000 i
$70,000 i
$60,000 •I
$50,000
$40,000
$30,000
$20,000 I
$10,000 I
2008 Contract 2009 Contract
o Salary and benefits increased 7% due to CO[.A and increase to County's retirement system
contribution rate
❑ lndirect rate increased from 29.72% to 31.65%
13
~
Pre-Trial
( 44.00 SL increase )
$61,880
$70,000 I I
$60,000
$50,000 I $42.959 I
$40,000 I I
$30,000 I "
$20,000
I ~
$/0,000 I
I
2008 Contract 2069 Contraet
❑ Salary and benefits increased 14% due to COLA and increase to County's retirement system
contribution rate
o Spokane Valley's percentage of total misdemeanors increased from 26.54% to 30.55% due
to a slight increase in the number of Valley misdemeanors and a slight decrease in the total
County misdemeanors
o Indirect rate increased from 9.80% to 19.45% largely due to County IT staff s
implementation of pre-trial applicatian softNvare 14
7
f ~
~
Public Defender
( 28.89 %increase )
$500,000 I $434,756
$450,000 {
$400,000 ~
$350,000 -1 3337,309
$300,000 i
$250,000
i
$200,000
~
$150,000
~
$100000
$so,ooo ~
E_ . .
2008 Contract 2009 Contraet
o Salary and benefits increased 18% due to a substantial attorney's salary increase
❑ Spokane Valley usage rate increased from 32.46% to 34.45%
1s
~
Prosecutor
( 33.69 %incroase )
$600,000
5479,294
$500,000
$400,000 - $358,524
S300,000 I $200,000 I
$100,000
. .
2008 Contract 2009 ContraN
❑ Salary and benefits increased 12% due to a substantial attomey's salary increase
o Spokane Valley percentage of all misdemeanor cases increased from 29.72 to 34.98% due to
a significant reduction in the number of Washington State Patrol initiated cases
1s
~
8
Law Enforcement
( 5.37 % incroaso )
$16,000,000 $14,428,758 $15,201,734
$14,000,000 i
S12,000,000 - I
$10,000,000
I
$8.000,000
$6,000,000 ~
$4,000,000 i
$2,000,000 I
' . . .
2008 Contract 2009 Contract
o Equipment and Technology costs were eliminated from the 2009 budget
❑ Indirect rate increased from 8.09% to 9.03%
n
~ ~ .
Jail
(18.70 9S Increase ~
$500,000 I
$360,701 $428,145
$400,000
$300,000 I ~
$200,000
$100.000
I
s-
2008 Contract 2009 Contrnct
o Spokane Valley housing hours increased 14.77%
18
9
Jail
Jall Day RateslFeee
~
Oaiiy Housing $81.30
Rate S84 8 1
I ■ 2008
O 2009
3850
Booking Fee /Xi/~ " .
$111 88
!!!d
~
$0.00 $20.00 $40.00 S60.00 $80.00 S100.00 S120.00
o Boaking fec increased 30.11% due largely to thc elimination of offsetting revenue From Jail
Intake Pees
❑ lbtal bookings recorded decreased from 33,912 to 30,710 (decrease in number of bookings
results in increase to booking fee)
19
~
~
Geiger Corrections Center
182.46 4S incroasc ~
E600,000
I
S500,000 5478.886 ~
I
$400,000 I
$300,000 $282,464
-I
I
$200,000
$100,000 I I
S- . .
2008 Cootracl 2009 Contrad
0 148.19% increase in Electronic Home Monitoring (EHM) daily rate from $19.32 to S47.95
o EHM costs shifted from participant to jurisdiction
❑ Total Spokane Vfllley confinement program days increased from 2,749 l0 3,908,
corresponding to an mcrease in annual confinement costs &om $236,739 in 2008 to
$345,628 in 2009
zo
10
Geiger Daily Rates
Goigcr [btry ibtes
~Mj/l'~~~~~~~~~~ 547.95
I
$4308
IYOrk Crew $83 68
IOo 2008~ E43.51
worr lmie.o s61.7e 2009
588.12
ConBncment S8&44
1 I
i $20.00 $40.00 $60.00 $80.00 i100.00
o Costs of Work Crew and Work Release programs increased from 2008 to 2009 while the use
decreased during same time period (driving rates up)
o EHM costs were increased due to greater anticipated participation in 2009 but rate was
calculated based on low, outdated use numbers (driving rate up)
21
~
All Contracts Comparison: 2008 Contract vs.
2009 Contract
I 2008 Conuact 2009 Contract ~ S Oved(Under) I % change ~
Animel Control ~ t 332,838 5 575,537 ~ S 2,698 I 0.8196 I
D[strlet CouA I $ 749,727 ~ S 899,817 I $ 151,490 ~ 20.2496
Communications I S 166,262 I E 258,515 I $ 92,253 ~ 55.48%
Emergency Management ~ $ 85,291 ~ $ 90,538 N S 5,247 ~ 6.1576
Pre-Trtal I $ 42,959 ~ $ 61,860 ~ $ 18,901 ~ 44.00%
Publle Detender I $ 337,109 I S 434,766 I $ 97,447 I 28•899b
Prosecutor ~ $ 358,624 ~ $ 478,284 ~ S 120,769 ~ 33.69% ~
Law Enforcement ~ $ 14,426,758 ~ $ 15,201,734 I i T74,976 ~ 6.379L
Jail ~ $ 360,701 I S 428,145 I $ 67,444 I 18.70%
Geigar Corrections ~ $ 262,464 I i 478,086 ~ S 216,422 ~ 82.46%
7ota1 I $ 77,121,435 I $ 18,669,082 ~ $ 1,647,646 ~ 9.04%
22
11
~
~
All Contracts Comparison: 2009 Budgeted vs.
2009 Contract
I 2009 Budgeted 2009 Contrad I Over/ (Undeh I 76 change
Animal Control I $ 333,575 S 335,537 I E 1,962 I -0.5995
D'tstritt CouR I $ 787,200 $ 899,817 I $ 112,677 I -14.31%
Communiptlon3 ( $ 176,800 I $ 258,515 I $ 81,715 -46.229b
Emergnncy Managemont I $ 121,800 $ 90,538 I $ (31,362) 25.73%
Pre-Trial ~ $ 47,400 I $ 61,880 I S 14,460 I J0.61%
Public Defender I $ 351,500 I $ 474,756 I S 113,256 I -23.69;b
Prosccutor I $ 374,900 I $ 479,294 I S 104,394 I -27.85%
Law Enforcement I $ 17,054,909 I $ 15,201,734 I $ (1,853,175) I 10.87°k
Jait I $ 404,200 I $ 428,145 ~ S 23,9d5 I S.92SG
Geiger Correctlons 5 278,200 I $ 478,886 I $ 200,686 ~ -72.14°b
Total $ 19,930,584 ~ $ 18,669,082 I 5 (1,261,502) I 6.33%
23
l ~
~
Impact on Spokane Valley
❑ Staff Time
■ Large costs increases without accompanying explanations
■ Verification documentation not always present
o Budget Shortfalls
■ City adopts budget well before County
■ Contract estimates not received until contract year has
begun.
o Strained Relationship
■ City is compelled to ask numerous questions, and
constantly ask for supporting documentation due to lack
of communication throughout the year. The County feels
like it is peppered with questions from the City.
24
12
_ i
Suggested ColTective Actions
❑ Collaboration of City and County in improving
efficiency, measuring performance and assessing
custoiner satisfaction of contract services.
❑ Quarterly communication between County and City
identifying actions that will impact the cost or
service level of the services provided to the City.
o Greater involvement of County department heads in
the contracting process.
o Explanations provided and meetings scheduled for
estimated and actual cost delivery to City
25
, 13
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 29, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Aquatic RFP Process Update
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Approval of original Aquatic Facilities contract with
the YMCA in 2005. BACKGROUND: Similar to the process used by the City in 2005, a Request for Proposals has
been prepared for the Operation, Maintenance and Prograrnming of Aquatic Facilities for the
three outdoor swimming pools. Currently these services are being provided by the YMCA and
their contract expires December 31, 2009. The current contract is divided into two parts - and
administrative fee and actual expenses. This RFP was advertised for interested parties
beginning September 11. Proposals are due on September 25.
Staff will be reviewing the submitted proposals and determining a recommendation through a
selection process outlined in the RFP. Staff will be bringing a contract recommendation forward
for Council consideration on October 6. The term of this contract is proposed to be one year
with four one-year renewals.
OPTIONS: 1) provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: None.
BUDGET/FINANCIAL IMPACTS: This aquatic operation, maintenance and programming of
Aquatic Facilities contract is funded through the Parks and Recreation General Fund Budget.
STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation
ATTACHMENTS: None
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 29, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information E admin. report ❑ pending legislation
AGENDA ITEM TITLE: Park Maintenance Contract Process Update
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Approval of the 2009 contract renewal with Senske.
BACKGROUND: Currently these services are being provided by Senske Lawn & Tree Care and
their contract expires December 31, 2009. Staff has developed a"bid package" for the park
maintenance services for the Parks and Recreation Department. All work under this contract
will be considered a"public works" which means state prevailing wages will need to be paid by
the Contractor. The bid package will be publicly advertised on September 25. There will be a
pre-bid tour to familiarize potential bidders with our parks and facilities. Bids will be opened on
October 16.
Staff will be bringing a contract recommendation forward for approval on October 27. The term
of this contract will be for one year with six one-year renewals as was discussed with the City
Council recently.
OPTIONS: 1) provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: None.
BUDGET/FINANCIAL IMPACTS: This park maintenance contract is funded through the Parks
and Recreation General Fund Budget.
STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation
ATTACHMENTS: None
CITY OF SPOKANE VALLEY
- Request for Council Action
Meeting Date: 9/29/09 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: Preliminary Legislative Agenda
GOVERNING LEGISLATION: None
PREVIOUS COUNCIL ACTION TAKEN: Annually, the Council considers various legislative
topics to determine how best to protect and promote the interests of the City. As the "short"
session of the Washington Legislature approaches, it is once again time to consider what
matters the City Council wishes to promote on behalf of the City.
BACKGROUND: Most government associations are strive to adopt a Preliminary Legislative
Agenda in October in order to gain attention for potential inclusion in the Governors' Budget in
advance of the upcoming session of the Washington State Legislature. Hence, Spokane Valley
would do well to adopt such an agenda by October 13.
Please refer to the attached Preliminary Legislative Agenda offered for Council consideration
and discussion.
OPTIONS: 1. Discuss an initial legislative agenda. 2. Revise the proposed agenda. 3) Give the
matter further thought.
RECOMMENDED ACTION OR MOTION: None at this time.
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Dave Mercier and Mayor Munson
c,,;OoValleyo
2010 Legislative Agenda Adonted bv Council 2009
The following is the initial legislative agenda adopted by Council:
Eieht Principle Items of Interest:
1.) Street utility enabling legislation: Council has seen several presentations regarding Spokane City
Councilman A1 French's proposed street utility legislation and has previously shown support of the legislation.
The proposal enables legislation to allow local control and determination by city councils and local electorates
to decide if it is a tool they want to use in their community to attend to street maintenance functions.
2.) Increased state funding for the 911 system: Rates applied to telephone and other bills that generate revenue
for the 911 systems are set by state legislature and have not been revised for a long time. Many 911 centers are
advising their constituents that they are not able to hold a budget below the current revenues and llave expressed
a need for state relief.
3.) Seek S300, 000 for the acquisition of park land adjacent to the Park Road pool and Centennial Middle
School. Spokane Valley has a population of 89,440 people but only 172 acres of public parks-drastically
below the 6.25 - 10.5 acres/1,OOOpopulation (559 - 938 acres) specified in the Parks Master Plan. Spokane
Valley has successfully partnered with the State Legislature in the acquisition and development of Greenacres
Park, adjacent to Central Valley School District's future elementary school. We want to ask the Capital Budget
Committee for support in replicating our success in co-locating public assets in under-served and economically
distressed neighborhoods.
4.) Lativ Enforcement District enabling legislation: Law enforcement needs and resources vary in jurisdictions
across the state like those for fire prevention and suppression. More tools are needed to best consolidate, deploy
and pay for law enforcement services. Use of fire districts has proven to be a viable system for the provision of
essential public services and many jurisdictions may derive benefit from providing law enforcement services
under a similar system.
S) Securing state funding for statetivide communications interoperability infrastructure: Locally the citizens
have approved a sales taix increase that includes 1/10`h of 1% for communication equipment; however, the
revenue is insufficient to fund all five items within that initiative. Interoperability is a statewide concern and
according to the Association of Wasllington Cities, there is a$400 million problem to be resolved.
6) Reasonable legislation related to the "cap and trade " provision.s of climate control regulations under
consideration: Council has heard repeated reports on the climate control and change regulations being discussed
in Olympia as well as Washington D.C., using the term "cap and trade" in reference to efforts to reduce our
carbon footprint. We want to be aware of the options under consideration for regulatory for enactment.
7) Access to enhanced state fuel puf•chasing power. We have a desire to determine if there is a way to access
enhanced state fuel purchasing power related to the large amount of fuel purchased by state, county and city
organizations to operate government vehicles. Exploration of inethods that aggregate governmental purchasing
power that may drive down the cost of the fuel purchases is wananted.
8.) Provide support for the Association of Washington Cities' legislative agenda items that serve the best
interests of the City of Spokane Valley.
Spokane Valley 2010 Legislative Agenda Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 29, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: 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 to provide an opportunity for the Council representative to confer with the
entire Council and shape a corporate position or significant policy questions before the various
committees.
OPTIOfVS:
RECOMMENDED ACTION OR MOTION:
BUDGEl'/FINANCIAL IMPACTS:
STAFF/COUNCIL CONTACT: Councilmembers
ATTACHMENTS:
DR.AFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of September 23, 2009; 4:30 p.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
October 6, 2009. Studv Session Format, 6:00 p.m. [due date Mon, Sept 281
Action Items:
1. Second Reading Proposed Ordinance Finding Substantial Need - Ken Thompson (15 minutes)
2. Emergency Resolution and Motion, Contract Snow Removal - Neil Kersten (15 minutes)
3. Motion Consideration: Aquatics Contract - Mike Stone (10 minutes)
4. Motion Consideration: Pines/Mansfield Project Change Order Approval- Steve Worley (10 minutes)
5. Motion Consideration: Interlocal Public Works Contract (streets, striping, lights) Neil Kersten (15 minutes)
Non-action Items:
6. Residential Lighting - Christina Janssen (20 minutes)
7. COOP Addendum - Mike Jackson (15 minutes)
8. Discussion of Impacts, Initiative 1033 - Councilmembers (25 minutes)
9. Council External Committee Reports - Councilmembers (10 minutes)
[xestimated meeting: 135 minutes]
T/iursdav, October 8, 2009: 6: 00 - 8: 00 p.m. AWC Regional Meeting, Spokane, Washington
Doubletree Spokane City Center, 322 NSpokane Falls Court
EXECUTIVE SESSION: Tuesdav, Oct 13, 2009; 5:00 p.m., Labor Neaotiations (pendif:g)
October 13, 2009, Formal MeetinLy Format 6:00 p.m. [due date Mon, Oct 5]
1. Consent Agenda: Payroll, Claims, Minutes (5 minutes)
2. Second Reading Proposed Ordinance Adopting 2010 Budget - Ken Thompson (5 minutes)
3. Second Reading Proposed Ordinance Amending Cable Code - Cary Driskell (10 minutes)
4. Motion Consideration: Mayoral Appointment for Planning Commission Vacancy -Mayor Munson (10 minutes)
5. Motion Consideration: adopt 2010 Legislative Agenda - Mayor Munson (10 rninutes)
6. Motion Consideration: Council Position, Initiative 1033 [pro and con public comments] (30 rninutes)
7. Admin Report: GSI Presentation of Marketing plan for the SARP - Robin Toth (15 minutes)
8. Admin Report: Comp Plan Quarterly Update - Greg McCormick (10 minutes)
9. Admin Report CTA 05-09 Amendment - Mike Basinger (20 minutes)
10. Admin Report: Sprague Appleway Corridor EIS - Steve Worley (20 rninutes)
[*estimated meeting: 135 minutes]
October 20, 2009, Studv Session Format. 6:00 p.m. [due date Mon, Oct 121
Non-action Items:
1. ICMA Law Enforcement Study Discussion (confirmed) - Dave Mercier (90 minutes)
2. Report on Amending 2009 Budget - Ken Thompson - (15 minutes)
3. Proposed Resolution Adopting Fee Schedule - Ken Thompson (10 minutes)
4. Council External Committee Reports - Councilmembers (10 minutes)
[*estimated meeting: 125 minutes]
Draft Advance Agenda 9/23/2009 4:34:11 PM Page 1 of 3
October 27 2009, Formal Meetiug Format 6:00 p.m. [due date Mon, Oct 191
1. PUBLIC HEARING: Amend 2009 Budget - Ken Thompson (10 minutes)
2. Consent Agenda: Payroll, Claim Vouchers, Minutes (5 minutes) ~
3. Second Reading Proposed Ordinance 09-017, Code Amendment CTA-0 1-09 - Karen Kendall (15 minutes)
4. First Reading Proposed Ordinance CTA 05-09 - Mike Basinger (15 minutes)
5. Motion Consideration: Park Maintenance Contract - Mike Stone (10 minutes)
6. Admin Report: Related Court Services Study - Morgan Koudelka; Anne Pflug,Wa Dept of Commerce (45 min)
7. Admin Report: Fall Batch Code Amendments (includes ADU & Ord 08-006)- Tavis Schmidt (20 minutes)
8. Admin Report: Street Standards - John Hohman (15 minutes)
9. Info Only: Department Reports * [*estimated meeting: 135 minutes]
November 3. 2009, Tentative No Meeting (election night)
November 10, 2009. No MeetinLy, Council Attends NLC, San Antonio Nov 10-14
November 17, 2009. Formal Meetiniz Format 6:00 p.m. [due clate Mon, Nov 9]
Proclamation: Hunger and Homelessness Awareness Week
1. Consent Agenda: Payroll, Claims, Minutes (5 minutes)
2. First Reading Proposed Ordinance to Amend 2009 Budget - Ken Thompson (10 minutes)
3. First Reading Proposed Ordinance to Adopt Street Standards - John Hohman (15 minutes)
4. Second Reading Proposed Ordinance CTA 05-09 - Mike Basinger (10 minutes)
5. Motion Consideration: Court Services Alternative Analysis - Morgan Koudelka (30 minutes)
6. Admin Report: Lodging Tax Recommendations to Council - Ken Thompson (20 minutes)
7. Info Only: Department Reports [*estimated meeting: 90 minutes]
November 24, 2009. No Meeting, Thanksgiving Week December 1, 2009, Studv Session Format, 6:00 p.m. [due date Mon, Nov 23]
Action Items:
1. Second Reading Proposed Ordinance to Amend 2009 Budget - Ken Thompson (10 minutes)
2. Motion Consideration: Allocation of Lodging Taac Funds - Ken Thompson (15 minutes)
Non-action Items:
3. Council External Committee Reports - Councilmembers
[*estimated mceting: minutes]
December 8, 2009, Formal Meetina Format, 6:00 p.m. [due date Mon, Nov 30]
1. Consent Agenda: Payroll, Claims, Minutes (5 minutes)
2. Second Reading Proposed Ordinance Adopting Street Standards - John Hohman (15 minutes)
3. Motion Consideration: Ratification of Collective Bargaining Agreement - John VVhitehead (15 minutes)
[*estimated meeting: minutes]
December 15, 2009, Studv Session Format, 6:00 p.m. [due date Mon, Dec 7]
Action Items: '
1. Mayoral Appointments to Planning Commission - Mayor Munson (15 minutes)
2. Appointments of Councilmembers to Various Committees - Mayor Munson (20 minutes)
Non-action Items: 3. Council EYternal Committee Reports - Councilmembers (15 minutes)
[*estimated meeting: 50 minutes] December 22, 2009, No Meetin2. Christmas week
Draft Advance Agenda 9/23/2009 4:34:11 PM Page 2 of 3
~ ~ ~
December 29, 2009, Formal Meeting Format, 6:00 p.m. [due date Mon, Dec 21 ]
1. Consent Agenda: Payroll, Claims, Minutes (5 minutes)
2. Info Only: Department Reports [*estimated meetiog: minutes]
Januarv 5, 2010 Studv Session Format. 6:00 p.m. [due date Mon, Dec 28
Action Items:
1. Council officer elections (20 minutes)
Non-action Items:
2. Council External Committee Reports - Councilmembers
['"estimated meeting: minutes]
Saturday, Jao 9, 2010: Tentative Winter Retreat (Special Meetiniz)
CenterPlace Conference Room 9 a.m. - 3 p.m.
OTI3E, R PENDING AND/OR UPCOMING ISSUES/MEETINGS:
ADA Plan
Affordable Housing Participation
Alternative Analysis (contracts)
City Center Report to Council
City Hall Sales Purchase Agreement
Comp Plan Qrtrly Update (Jan, April, July, Oct)
Concurrency
Court Services Alternative Analysis (rescission of Dec 12009 termination)
Development Agreement Ord 09-015 exp 2-26-2010
East Gateway Monument Structure #
Firearms Code Amendments - Cary Driskell
Franchise Agreements (Dec 2009)
Impact Fee Reyuest Central Valley School District
Lexipol Policies - Police Dept [January 2010]
Northeast Housing Solutions City Membership #
Overweightlover size vehicle ordinance (2009)
Site Selector Review (March 2010)
Stimulus, Phase 2 Strategic 1'ransp. Financial Plan - Dave Mercier
Street Standards (and UDC Title 24)
Transportation Benefit Dist (2009) a. Establish ord.; (b) set public hearing; (c) draft resolution; (d) ballot language
Transportation Impacts
Use Agreement (Cary Driskell)
Water rights
Zoning Notice Process
= Awaiting action by others; doesn't allow for time for public or council comments]
Draft Advance Agenda 9/23/2009 4:34:11 PM Page 3 of 3
CITY OF SPOKr41VE 1lALLEY
Request fvr Council Action
Meeting Date: September 22, 2009 Cityr 1Vdanager Sign-off:
Item: CI~~ck aIf that ~pp1y: ❑ cansent ❑❑Id business ❑ new business ❑ public hearing
N information ❑ admin. report C] pending legislatian
AGENDA ITEM TITLE: Spokane County Traffic Interlocal
GO1lERNING LEGISLATION:
PRE111OUS GOIJNCIL ~CTI~~ ~~~EN:
BACKGROUND: Attached is the proposed interlacal agreement with Spokane County. This
interlacal covers traffic signs, signals and pavem-ent markings. The current interiocal expires an
October 15, 2009.
OPTIDNS;
RECOIVIMENDED ACTIDhI l7R MC]TEC3N:
BUDGET/FiNANClAL IMPACTS:
S7A~~ ~ONYACT: Neil kCersten
ATTACHMENTS: County lnt-erlocal Agreernent
DRAFT
Return to; Daniela Erickson, Clerk ❑f the Board
Board of County Commissioners -
1116 W. Broadway
Spokane, Washington 99260
INTERLOCAL AGREE11~ENT FOlt ROAD MA.INTENANCE SERVICES
IN THE CITY OF SPOKAlYE VALL1EY
(October 15, 2009 -I}ecember 31, 2010) -
TMS AG1~~M:EN7', rnade and e-ntered into hy and between Spakane Caunty, a palitical
subdivision of the State of Washingtan, having offices far the transactian of business at 111 6 West
Broadway A.venue, Spokane, Washington 99260, hereinafter referred to as "CDUNTY" and the City o#'
Spokane Va[ley, a mLinicipal corparation of #he State of Washington, having offices for the firansaction of
business at the Redwood Plaza, 11707 East 5prague A►.venue, Suite 106, Spokane Valfey, Washing#on
99206, hereina-fter referred ta as "CITY," ,jaintly hereinafter referred to as the "PARTCES." The COUItiITY
and CITY agree as #'ollows.
, SECT~~N NO. 1: ~~ITALS A.ND FiNDING-S
(a) The Board of CQunty Cornmissioners of Spolcane County has the care of Caunty property
and the rnanagement ofCounty funds arrd business under RCW 36.32.I20(6).
(b) Counties and cities may contract with each otber to perforrrti certain functions which each
may legally perform under chapker 39.34 RCW O;nterlocal Cooperation Act).
(e) The City of 5pokane 'Llalley desires to utilize the services of Spokane County for the
purpose of providing traffic sign, signal and pavement marking rriaintena.nce services an the public riglits-
of-way in the Cifiy.
SECTx[)N NO. 2: DEFLNXTIDNS
(a) Agreement: "A.greement" means this Interlacal A.greement between the CITY and
COUNTY regarding trafFc maintenance services including signs, signals and pavement markings.
(b) Citv: ",CZTY" mearrs the City of Spokane Valley.
(c) Caunt-v: "COUNTY" means 5pokane Caunty.
(d) Ma.intenartce and Onerations: "Maintenanee and C?perations" and W&O" shatl mean (1)
those ciass cades (3000-5999 and 7000-9999) used by 5pokane County in its budgetary process as
prescribed by the BARS manual advpted by the State of Washingtan under chapter 43.$8 RCW so long as
- such expenditures are directly at#.ributable and prapartionate to services rendered to CITY under the terms
of this Agreement,
TiN'IEA RLOCAI. AGREEMENT RDAD 1ViAIlMdTENANCE SERVICES Page 1 of 15
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(e) Services: "Sarvices" means those services identi~'ied in Exhihit A-l.
'
(f) Ccamoensatzvn: "Campensation" means that methadology set forth in Exhibit A used to
establish the arnaunt of money which the CITY wi11 pay the COUNTY For providing Services,
(g) Cani#al ImDrovemen#: "Capital Impravement" shall mean the capitalizatian threshald
adapted by the Caunty during the term af the Agreement. 'I'he County shall give the City advance notice
of any increasc in the capitalizattvn threshold. Any stich expenditure will be coded as prouit3ed for in the
BARS-manual adopted 6y the 5tate ofWashington under T~CW 43.88.
(h) [.JneQntrallable Circumstances: "Uncontrollable Circumstances" means the
fallaNving events: riots, wars, civii disturhances, insurrections, acts of terrorism, external fres and #lvads,
valcanic eruptians, lightrring ar earthquakes at or near where the 5ervices are perfarmed artdfor that
directly affoct providing of SuCh Services,
(i) Report: "Report" shall mean the Invoice Supporting Documcntafiion set forth in ExhEbit
A-4.
SECTION NO. 3: PURPOSE
The purpase of this Agreement is to reduce to wrifiing the PARTTE5' understanding as to the terrns and
canditions under which -the COLTNTY will pravide Services on behalf of the CITY. It is xhe intent af the
PARTrES that Services to be prQVided by the COUNfiY w-ill be cvnsistent with the CITY'S
CouncfllManager form of government provided for in chapter 3 SA.13 RCW.
SECTION NO, 4: DURATIONIWITHDRAWAL ~ .
This Agreement si3all cammence on C)aober 15, 2009, and run through December 31, 2010, un[ess one of
tiie PARTIES pravides ilotice as set farth in Section 7.
At the canclusion of the initial terrrr, this Agreement shall automatically be reiiewed from year to year
thereafter effective January Ist to Decem6er 3151. Ail renewa3s shall be subject to all terms artd conditions
set farth herein. -
The PARTIES recapiize iz is highly unlikely that Exhibit A-2, setting -f'orth the new billang rates for each
ycar's Services, will be available at the start af any renewai time frame. Accordingly, until a new Exhihit
A-2 has been prepared and agreed to between the PARTrES, the PARTIES agree that the COUNTY will
bill the GITY and the CI`IY will pay the COUNTY at the sarne billing rates paid in the previaus year.
Upon the PARTLES agreement an a new Exhibit A-2, xhe CrTY and CC7UNTY will reconcile payments to
date under #he previQUs years billing rates with the new billiiig rates. Any undcrpayment for any Services
wil! 6e due in the ~'irst payment due following reconciliation. Any averpayment for any Services wil1 be
credited to the -first tnonthly payment dtie faIipwing the reconciliatian. The PARTIES agree that no
interest sflall be awing by either Party to the other Party for any overpayment ar underpayrrient
determined as a result of the reconciliation.
Any Pat-ty may withdraw at any time from this Agreement for any reasan wha#soever upan a minimum of
180 days written natice as provided for in Section 7 to the other Party.
INTERLDCAL AGREEMENT RDAD NIAINTENAl~~~ ~~RVICTS Page 2 of 15
DRAFT
SECTION NO. 5: COST OF SERVICES AND PAYMENTS
The CITY shall pay the COUNTY the costs for Services provided under this Agreement as set forth in
Exhibit A, attached hereto and incorporated herein by reference:
The COUNTY CEO shall advise the CITY Manager as soon as possible of any anticipated or
unanticipated capital improvement costs that arise during the contract period. Any such capital
improvement costs shall be amortized over the useful life of the improvement, and the increased cost in
the Agreement resulting from the improvement sha11 be calculated by the PARTIES and paid within 30
days of receipt of request by the CITY. Any capital improvement for which the COUNTY seeks
reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement.
The COUNTY will bill the CITY for the cost of Services monthly, by the 15th of the month for the
previous month. Payments by the CITY will be due by the Sth day of the following month. At the sole
option of the COLJNTY, a penalty may be assessed on any late payment by the CITY based on lost
interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's
Investment Pool. The CITY may dispute any monthly billing. Pending resolution of any dispute, the
PARTIES agree that the CITY shall pay timely that portion of the bill that is undisputed. In the event the
CITY disputes any monthly billing it shall include in conjunction with the monthly payment a letter
stating with specificity the basis for the dispute. The PARTIES agree to meet within thirty (30) calendar
days of the COUNTY's receipt of the documentation letter, stating the basis for the CITY disputing any
monthly billing to resolve the matter. In the event the PARTIES cannot mutually resolve the matter
within the thirty (30) calendar day time frame, unless otherwise agreed by the PARTIES, the matter shall
be resolved pursuant to the Dispute Resolution provisions set forth in Section 17. The selection of
arbitrators as provided for in Section 17 sball commence within thirty (30) calendar days of the running of
the thirty (30) calendar day time frame.
Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall
include, at the request of either Party, a determination of whether interest is appropriate, including the
amount.
SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJiJNCTION WITH PROVIDING
SERVICES
The COUNTY or designees agree to attend staff ineetings as requested by the CITY Manager.
The COUNTY or designees agree to meet upon request by the CITY Manager or his/her designee to
discuss any Service provided under the terms of this Agreement.
The CITY agrees the COUNTY may use the COUNTY'S stationery in conjunction with providing
Services under the terms of this Agreement.
SECTION NO. 7: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day such notices
or other communications axe received when sent by personal delivery; or (ii) the third day following the
day on which the same have been mailed by first class delivery, postage prepaid addressed to the
COUNTY or the CITY at the address set forth below for such Party, or at such other address as either
Party shall from time-to-time designate by notice in writing to the other Party:
INTERLOCAL AGREEMENT ROAD MAINTENANCE SERVICES Page 3 of 15
DRAFT
GOCJNTY: Spokane CQunty Chief Executive Officer . .
or hisfher authorized representative
11 16 West Braadwa}F AvenUe
Spakane, Washingtan 99260
, CITY: City of Spokane Valley City IVlanager
or hislher autharized representative
Redwood Plaza
11707 ;East Sprague Avenue, Su~te lOd
Spaka.ne Valley, Washington 99206
SECTI[31V NO. S; RLPORTI1VG
Reports - The COLTNTY shail provide the CITY with reports documenting actual usage under this
Agreement at the same time each invoice requesting payment is made, Linless otherwise mutually agreed
hy the Parties. 7'he Pa.rties agree that the termino]ogy "reports documenting usage" means tha.t type of
in€ormation providecf by th~ COUNTY ta the CI'T`Y i« the 2004 agreement for 5ervices. 5uch repo€ts
shall be in a farmat as rnutually agreed to between the Parties. The content andlor format for such reports
may be changed from time-to-time by written agreernent between CITY and COUNTY staff.
Records Review -The ~IT~.' shall be allowed to conduct random TCvieWs of the records generated ay
the COlTNTY in perfarmance of tliis Agreemenf. The CI'I'Y will provide the COl1N'T~Y with reasonable
advance natice of the recvrds reviews. The Parties agree that they will anake best effarts to achieve a
resolutian of any pQtential records confidentiality issues, including entering into confidentiality .
agreements or otier similar mechanisms that wil1 allow disclasure of the necessary infarrrtation to
accurately canduct a recards review. If tkie CITY wil! 6e all€awed ta view only fihose records directly
relating to Services provided wifi.hin CITY's corparate boundaries, then tl~~ ~~'LNTY mus# keep a log of
origina1 dacuments used to charge the CZTY, and those dvcuments rmust have jden#ifying nurnbers or
letters so the original saurce documents can be casily retrieved.
' SECTxON ND. 9: COLTNTERPAR'F5
This Agreement may be executed in any number of courLterparts, eacli of which, when sa executed and
delivered, sha11 be an ariginalr but such cou«terparts shall together canstitute but ane and the same.
SECTI(?N NO, 10; ASSIGNIVMNT
No Party may assign in whale or part its interest in this Agreement withaut the written approval of tha
other PART"Y.
SECTION NO. 11. CO'C.lN'TY EMk~~OYEES
"X'he CO[JNTY shall ~ppoint, hire, assign, retain and discipline all emplvyees performing Services under
this Ag,reement according to applicable callective bargaining agreements arid applicab1e st-ate and federal
laws.
The COUNTY agrees to meet and confer with Ciie CITY with respect ta staff that is assigned to pravide
Services. Issues of discipline or gerformance will be speciically handled according ta ~OUN7'Y policies. -
XNTERLOCA.L AGREEMEIYT ROAD MAINTENANCE SERVICES Page 4 0f 15
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SECTION NO. 12: LIABILITY
(a) The COLTNTY shall indemnify and hold harmless the CITY and its officers, agents, and
employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any
nature whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its
officers, agents and employees, relating to or arising out of performing Services pursuant to this
Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against
the CITY, the COUNTY shall defend the same at its sole cost and expense; provided that the CITY
reserves the right to participate in said suit if any principle of governmental or public law is involved; and
if final judgment in said suit be rendered against the CITY, and its officers, agents, and employees, or
jointly against the CITY and the COUNTY and their respective officers, agents, and employees, the
COUNTY shall satisfy the same.
(b) The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and
employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any
nature whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its
officers, agents and employees, relating to or arising out of performing Services pursuant to this
Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against
the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY
reserves the right to participate in said suit if any principle of governmental or public law is involved; and
if final judgment in said suit be rendered against the COUNTY, and its officers, agents, and employees, or
jointly against the COtJNTY and the CITY and their respective officers, agents, and employees, the CITY
shall satisfy the same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause of
such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in
proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion.
(d) Where an officer or employee of a Party is acting under the direction and control of the
other Party, the Party directing and controlling the officer or employee in the activity and/or omission
giving rise to liability sllall accept all liability for the other Party's officer or employee's negligence.
(e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement.
(f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's
immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only,
and only to the extent nECessary to provide the indemnif ed Party with a full and complete indemnity of
claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were
specifically negotiated and agreed upon by them.
(g) The COUNTY and the C1TY agree to either self insure or purchase policies of insurance
covering the matters contained in this Agreement with coverages of not less than $5,000,000 per
occurrence with $5,000,000 aggregate limits including professional liability and auto liability coverages.
SECTION NO. 13: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. The
COUNTY shall be an independent contractor and not the agent or employee of the CITY, that the CITY
is interested only in the results to be achieved and that the right to control the particular manner, method
and means in which the services are performed is solely within the discretion of the COUNTY. Any and
all employees who provide Services to the CITY under this Agreement shall be deemed employees solely
INTERLOCAL AGREEMENT ROAD MAINTENANCE SERVICES Page 5 of 15
DRAFT
of the CDUNTY. The COL]A1'TY shall be salely respansible far the conduc.t and actions of all employees
under tiis Agreerrient and any liability that may afitach thereta. Likewise, rio agent, employee, servant or _representative of the CYTY shall be deemed ta be an employee., agent, servant nr representa-tive vf the
CC}UNTY for any purpose,
SECTION NO. 14: 1VY{]DIFYCA'TYON
This A,greement rnay be modifed iri writirrg b}r mutual wriiten agreement of the PAR'fIES.
SECTIUN NO. 15: FROPERT'Y AI~ ~QUYP'11EN7`
The ownership of all property and equipment utilized in conjunction with providing the Setvices shall
rernain with the original owner, unless specifically and mutually agreed by the PARTIES ta this
A~ree~nent.
5ECTID1V 1VO. xG; ALL ~ITENGS CONTA.EXED HIERETNIB'DrNG EFFECT
This Agreement contains terrns and conditions agreed upon by the PARTIES. The PAR t1ES agree that
-there are na otlier understaridirig,s, oral or otherwise, regartiing ttle subject mattcr af this Agreement. No
changes ar additians ta this Agreement shall Ue ualid or binding upon the PARTIES unless such change
or addition is in writing, executed by the PARTIES.
This Agreement shall be b'wding upon fihe PARTIES hereta, their successars and assigns.
SEC7'ION lYO. 17: DISPiT'TE RES[]LUTION , -
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitratioll. Excep-t as provided for to the contrary herein, such dispute shall first be reduced to writing and
considered by the COUNTY CEO and the CITY Manager. If th~ ~OUN'TY CEO artd the CI.TY Manager
cannat xesolve the dispute it vvill be submitted to arbitrati4n. The pravisians af chapter 7.04 RCW shall be
aRplicable ta any arbitration proceeding-
The COUNTY and the CTTY shall have the right to designat+e ❑ne person eacll to acC as an arbitrator. The
two selec#ed arbitrators shall then jointly seject a third arbitrator. The decision of the arhitration panei
shall be 6inding on the PARTIES afid shall be subject to judicial review as provided fvr in chapter 7.04
RCW.
The c.osts of -the arbitration panel shall be equally split betwee« the PARUFS.
SECT1ON NV. 18i YEl,1 V,1:.r S,l„l,l, iJLATIV1~4T
e
This Agreement has been and shall be canskrued as having been made and delivered within the Sta#e of
Washingtoii and it is iinutualiy understood arid agreed by each party that this Agreement shall be govei-rted
by the laws of the State ❑f Washington both as to ialterpretation and performance. Any action at law, suit
in equity or judicial proceeding for the enfprcemertt of this Agreement, ar any provision hereto, shall be
instituted only in caurts of campetent jurisdiction within 5pokane Cuuiity, Washingtan.
~~CTIOrr rrO. 19: s~~ERA]BrLYTY
The PARTIES agree that if any parts, terms or pravisions af this Agreemertt are held by the courts to be : .
illegal, the valld[t}r of the rcznaining porkions or provisions shall not be affected and the rights and
INTERLCICAL AGREEM,ENT ROA1] MAIJ1ITENANCE SERVICES Page 6 of 15
DRAFT
obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement.
If it should appear that any part, term or provision of this Agreement is in conflict with any statutory
provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall
be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform to such statutory provision.
SECTION NO. 20: RECORDS
All public records prepared, owned, used or retained by the COUNTY in conjunction with providing
Services under the terms of this Agreement shall be deemed CITY property and shall be made available
to the CITY upon request by the CITY Manager subject to the attorney client and attorney work product
privileges set forth in statute, court rule or case law. The COUNTY will notify the CITY of any public
disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the
COUNTY'S response thereto.
SECTION NO. 21: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or
eatend the scope or intent of the sections to which they pertain.
SECTION NO. 22: T1114E OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case either Pariy fails to perform the obligations on its
part to be performed at the time fixed for the performance of the respective obligation by the terms of this
Agreement, the other Party may, at its election, hold the other Farty liable for all costs and damages
caused by such delay.
SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCESlIMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
any change in or new law, order, rule or regulation of any nature which renders providing of Services in
accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the
control of the COUNTY which render legally impossible the performance by the COUNTY of its
obligations under this Agreement, shall be deemed not a default under this Agreement.
SECTION NO. 24: FILING
This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34
RCW.
SECTION NO. 25: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to act for and on
behalf of the Party for purposes of confirming this Agreement.
,
INTERLOCAL AGREEMENT ROAD MAINTENANCE SERVICES Page 7 of 15
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SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue-reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES
agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in
response to budget constraints resulting from the passage of revenue-reducing initiative(s). If such an
event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in
a timely fashion.
SECTION NO. 27: COMPLIANCE WITH LAWS
The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that
they may be applicable to the terms of this Agreement.
SECTION NO. 28: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that would limit
either Party's authority or powers under laws.
SECTION NO. 29: SUPERSEDE
This Agreement shall supersede and terminate that agreement between the Parties entitled
"INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE
VALLEY REGARDING PROVISION OF ROAD MAINTENANCE SERVICES" executed by
Spokane County on March 7, 2006, and executed by the CITY on I'ebruary 16, 2006.
SECTION NO. 30: ASSURANCE ~
The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement.
The intent of the Parties is that neither Party will subsidize the other and that the CITY will not subsidize
any other jurisdiction that is receiving similar services.
1NTERLOCAL AGREENIENT ROAD MAINTENANCE SERVICES Page 8 of 15
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, IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and
year opposite their respective signatures.
BOARD OF COUNTY COMNIISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
DATED: TODD NIIELKE, Chair
ATTEST:
MARK RICHARD, Vice Chair
Daniela Erickson BONNIE MAGER, Commissioner
Clerk of the Board
DATED: CITY OF SPOKANE VALLEY
Attest:
By:
Title:
City Clerk (Title)
APPROVED AS TO FORM ONLY:
Office of the City Attorney
INTERLOCAL AGREEMENT ROAD MAINTENANCE SERVICES Page 9 of 15
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EXHIBIT "A"
TRAFFIC MAINTENANCE PROVISIONS
SECTION NO. 1: COST OF SERVICES AND PAYMENTS
In consideration for COUNTY providing services as set forth herein, CITY shall pay COUNTY for
annual costs (monthly bills will include costs by activity for direct labor for each employee, supervision,
employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits)
after receipt of invoices and supporting documentation to include copies of timecards, updated material
costs and quantities, and summary reports for labor and equipment charges as identified in Exhibit A-4,
and overhead costs as described in Exhibit A-3. Standard labor rates can be affected by overtime, extra
holiday pay, shift differential, labor contracts, and on-call rates. Labor and equipment rates are shown in
Exhibit A-2 for 2009 and will be reviewed and modified when required. COUNTY will nofiify CITY in
writing of any changes to or modifications of the labor and equipment rates.
Estimafied costs for requested services in future years will be provided by the CITY as a part of annual
budget discussions.
CITY shall pay COUNTY for the full cost (including salary, benefits, supplies, materials, equipment, and
administrative overhead costs) of providing CITY with rapid-response staff in responding to ernergencies
as outlined in Section 2B of this Exhibit.
SECTION NO. 2: COST OF SERVICES AND PAYMENTS A. Countv Resnonsibilities - Services
COUNTY will provide traffic maintenance services as identified in Exhibit A-1. The CITY will direct
these services within the limits of COUNTY'S operational workforce and equipment.
Actual levels of service provided by COLJNTY will be those adopted by CITY and COUNTY in annual
budget processes. COUN1 Y is a contractor for CITY and will provide services requested by CITY so
long as such services are within COUNTY' S ability to provide.
Achial services provided by COUNTY shall be of the type, nature and magnitude subsequently negotiated
between CITY and COUNTY during the PARTIES' annual budget and planning processes. After
adoption of budget and plan, within the constraints of the base level services program described, CITY
may request adjustments to individual tasks in order to meet specific needs. COUNTY shall consider all
such requests and, whenever practicable, alter the work program as necessary. COUNTY is a contractor
of services only and does not purport to represent CITY professionally other than in providing the
services requested by CITY.
B. COUNTY and CITY Coordination
COUNTY will identify specific liaisons for traffic, maintenance services to handle day-to-day operational
activities related to basic and discretionary services. CITY will identify a liaison for the same purposes.
The liaisons will meet regularly with the CITY to review scheduled daily work activities, future planned
work activities, completed work activities and the overall performance of this Agreement. INTERLOCAL AGREENE NT ROAD MAINTENANCE SERVICES Page 10 of 15
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Emergency work, including 911 calls, will be re#'erred directly to COLNTY persannel. COUNTY wi11
maintain an emergency contact list with the CITY and 911 djspatch centers. Emergency work to grotect
public safety andlor graperty will be handled as COUNTY andl'ar CITY liaisons deems necessary.
Ernergency work may include, bu-t is not limited to repair of traffic signal malfunctions, or replacement vf
downed stop signs. CITY liaison will be informed ofthe incident as soon as practicable.
Non-emergenoy citizen requests, during regular CITY operating hours, will be referred tv ~ITY. CITY
will be responsible far prioritizing requests and arranging with COUNT'Y far work to be done.
C. CITY Resannsihilities
In cnnjunctian with CDUNTY providing the services descxibed in Subsectians A and B of this Sectian,
CITY, in executing this Agreement, does:
(1) Cvnfer an COUNTY the authori,ty to perform the traffic maintenance services within CITY lirnits
for the purpases of car-rying put this Agreemenk. -
(2) Agree that when COUNTY provides engineering and administrative services for CITY, County
En~ineer may exercise all the powers and perfvrrn all the duties vested by law or b}~ resolutic~n in
-the City Engineer or other ofFicer rr department ofthe City charged with street administratian.
(3) Adop-t by reference all ordinanoes, resolutions and codes necessary to provade autharity for
COUNTY to perform the services under this Agreernent.
. Attachrnent List:
' A-1 Services
- A-2 2009 Emplnyee and Equipment Rates
11-3 Overhead Cast l~efini#ion
A-4 Invoice Supporting Dacumentatian
INTERLOCAL AGREEMIENT ROAI] NIAINTENANCE SER'4ICE5 Page 11 nf 15
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EXHIBIT A-1 .
SERVICES
Spokane County will provide traffic maintenance services within CITY limits of Spokane Valley at the
levels described in Section 1 of the Agreement, as follows (actual levels of service provided by COUNTY
will be those adopted by CITY and COUNTY in annual budget processes). Traffic maintenance service
levels as set by CITY shall reflect City policies and may or may not be similar to County policies. CITY
shall be solely responsible for setting service level policies for all roadway features. COUNTY is merely
a contractor for purposes of implementation of City policy.
A. Traffic Maintenance - The following are examples of traffic maintenance services provided by
COLJNTY. Actual services will be in the magnitude, nature and manner requested by CITY.
(1) Sign Maintenance: Replacing faded sign faces and broken posts, straightening leaning posts,
relocating signs for visibility, maintenance of vandalized signs or signs damaged by vehicle
accidents, removal of signs when appropriate, manage sign maintenance records.
(2) Crosswalk Marking: Refurbishing, installing new, and removal when appropriate.
(3) Stop Bars Marking: Refurbishing, installing new and removal when appropriate.
(4) Arrows/Legends Marking: Refurbishing, installing new and removing when appropriate.
(S) Curb Painting: Maintenance of curbing and islands. ,
(6) Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and
channelization, and removal of line, stripes or symbols from the pavement.
(7) Repair and replacement of street light heads, poles, wiring or bulbs in existing street lights
which are incorporated within traffic signal systems.
(8) Utility Locating: 'Locating underground traffic facilities for utilities or other digging
operations.
(9) Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and
signs, installation and repair of vehicle detector loops, checking and adjusting signal timing,
examining traffic signal operation to assure it is operating as intended, inspecting hardware for
wear or deficiencies, testing and repairing of electronic control devices and components, repair
or replacement of signal and flasher displays, supports or wiring external to controller cabinets,
testing of new and modified cabinets and control devices, traffic counter testing and repair and
preventative maintenance.
(10) Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is operating as
intended and inspecting hardware for wear or deficiencies and repairing components as
required.
INTERI,OCAL AGREEMENT ROAD MAINTENA.NCE SERVICES Page 12 of 15
DRAFT
• - ~ -EXIMIT A-2
I
Ilry A EiL'~CALAGREE141'.ENJl .14ZOAD MAINA lC+i'IA.1*4CE S1GRV 1CES ! age 13 of 15
DRAFT
EXH[BIT A-3 INTERLOCAL AGREEMENT ROAD MAINTENANCE SERVICES Page 14 of. 15
DRAFT
' EXIMIT A-4
BILLING DOCUMENTATION
The following items are available throughout the billing cycle to the City by the County to aid in auditing
the monthly bill for services.
1. Copies of employee time cards.
2. Current County costs of inventoried items.
3. Current costs for contracted materials.
4. Current rental charges for fleet vehicles.
5. Summary Reports of Labor and Equipment.
INTERLOCAL AGREEMENT ROAD MAINTENANCE SERVICES Page 15 of 15
EXHIBIT A-2
SPOKANE COUNTY
SIGN AND SIGNAL MAINTENANCE
2009 Standard Labor and Equipment Rates
MAINTENANCE WORKERS MONTHLY HOURLY 1.5 X 2.5 X EQUIPMENT CHARGES HOURLY
TITLE CLASS RATE (a) RATE RATE (b) RATE (c) TYPE CLASS RATE
X-tra Help (5 month position) 2231XI $2,7581 $15.91 1 $17,39 $28.99 1.5 Ton Truck TCL4M ~ $11.00
Traffic Signal Technician 2 1 23111 $8,7031 $50.21 1 $44,73 $74.55 Bucket Truck ~ TCL36 $7.50
Traffic Signal Technician 3 23121 $9,4291 $54.401 $49.43 $82.38 Class 4 Truck ~ TCLS4 $12.00
Chief Traffic Signal Technician 23131 $10,0231 $57,821 $53.27 $88.79 Heavy Use Truck ~ TCL6L $7.50
Traffic Sign Technician 1 22421 $6,9141 $39.891 $33,15 $55.25 112 Ton Truck PU1J2 $3.75
Traffic Sign Technician 2 1 22651 $7,5951 $43,821 $37.56 $62.60 Compact 4X4 P4X4C $4.65
Traffic Sign Technician 3 1 22741 $8,0471 $46,421 $40,48 $67.47 Mini Van VANMC $4.00
Traffic Sign Technician 4 1 22871 $8,5331 $49.231 $43.63 $72.71 Midsize Sedan ~ CARMD $3.00
Chief Traffic Sign Technician 1 22831 $9,8201 $56.651 $51.96 $86.60 Striper Truck ~ PTRKC $15.00
ADMINISTRATION & MANAGEMENT MONTHLY NOURLY SOT 2,5 XTITLE CLASS RATE (a) RATE RATE (d) RATE (e)
Engineer 3 2335 $10,846 $62.57 $45.63 n/a ~
(a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at a top step placement, including benefits and L&I expenses
(b) The 1.5 X rate is the overtime labor charge per hour worked over normal working hours.
(c) The 2.5 X rate is the overtime labor charge per hour worked for working recognized holidays.
(d) Supervisors are paid Straight Overtime (S0T) not the 1.5 X rate of the Technicians.
(e) The straight overtime rate is also applied to recognized holiday pay resulting in 2 X not 2.5 X allowed for Technicians.
Note 1: Call-out after normal working hours is chargetl a minimum 3 hours at the 1.5 X overtime rate.
Note 2: All rates are based on the most current labor contract available.
Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work,
Exhibit A-2, Page 1 of 1
EXHIBIT A-3
' ADMINISTRATION PERCENTAGE CALCULATION SHEET
_ CITY OF SPOKANE VALLEY
BUDGET EXPENDITURES
2008
ACCOUNT TITLE Actual
A-gencv Orq-
4000000
50800 Beginning Fund Balance - 51999 Reimbursable 2,985,591
Administration
54310 Management 165,997
54320 Undistributed Fringe 2,744,919
54330 General Services 2,753,189
54340 Planning 654,170
54350 Faciliites 242,716
54360 Training 303,724
54370 Undistributed Indirect Labor Cost 1,895,543
Total Administration 8,760,258
Miscellaneous
59119 Principal-General Government 847,763
59200 Interest 279,133
59443 Capital-Equipment 20,904
Total Miscellaneous 1,147,800
59700 OperatinQ Transfers
Cost Allocation 1,110,737
Public Works Administration 150,500
Permit Center Bonds 238,409
Sewer Construction -
Transfer to 010 for Geiger Spur Expenditures -
Total Operating Transfers 1,499,646
Maintenance
54230 Roadway 4,715,502
54240 Storm Drainage 979,629
54250 Structures 143,331
54261 Sidewalks 5,802
54263 Street Lighting 156,626
54264 Traffic Control Devices 1,644,795
54266 Snow & Ice Removal 6,767,850
54267 Street Cleaning 694,272
54270 Roadside Development 1,160,361
54290 Maintenance Administration 1,077,080
Total Maintenance 17,345,248
Construction
59510 Engineering 521,970
Exhibit A-3,
1 of 2
59515 Construction Engineering 638,242
59520 Right fof Way 319,467
59530 Roadway 9,305,718
59540 Storm Drainage 277,569 •
59550 Structures -
59561 Sidewalks 144,289
59562 Special Purpose Paths 80,534
59563 Street Lighting 32,486
59564 Traffic Control Devices 866,412
59570 Roadside Development 285,820
59590 Construction Administration 98,925
Total Construction 12,571,432
Agency Org
4000000 Subtotal 44,309,975
Agencv Orq
420000 Engineer Grants
5000 Unclassified 2,677,235
Agency Orq
4210000 State Grants
5000 Unclassified 2,118,457
Total Expenditures 49,105,667
ORIGINAL PERCENTAGE CALCULATION Administration 8,760,258 -
Miscellaneous 20,904 Operating Transfers 1,499,646 - TOTAL ADMINISTRATION 10,280,808
TOTAL EXPENDITURES 49,105,667
Less: Grant Reimbursed Expenses (11,595,059)
TOTAL COUNTY EXPENDITURES 37,510,608
CALCULATI ON
Pct Admin to Total Nonreimbursed Expenditures 27%
Exhibit A-3,
2of2
- S°T'p6k.ane
;ooWVaIIeY
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallCspokanevalley.org
September 24, 2009
Mr. Tony Lazanis
10626 East Empire Avenue
Spokane Valley, WA 99206
Re: Public Comments
Dear Mx. Lazanis:
During the public comment period of the September 22, 2009 Council meeting, we understood you to ask
for a copy of what was budgeted and spent in 2008 and 2009. That information is enclosed.
Sincerely,
Christine Bainbridge
Spokane Valley City Clerk
/cb
Encs: Expenditure Status Report for 2008 (126 pages)
Expenditure Status Report for 2009 (146 pages)
2008 Final Budget
2009 Final Budget
Community Development
POk~ane
~ Monthly Report
40;000 VaMy July and August 2009
PERMIT CENTER
Revenue
Permits
Permit revenue for the month of July 2009, was $ 105,832 and for August $179,731. ' In preparing the
report, the department pulled ali new revenue reports and updated some monthly figures from what had
been previously reported. This adjustment resulted in an increase shown of approx. $ 15,000. Year-to-
date revenue is $960,884. Year-to-date revenue is down from last year by 41
2009 Permit Revenue
$460.000
:<oo,ooo
5350,000
$300,000
$250,000
-
s2oO.o00 -
s,so,oao - - -
- - - -
$100,000
$so,oao - - HL so
Jan Feb Mat Apr Mey June .Uy Aup Sept Ucl Na+r Dec
0 2009 Remnue • 0 2ooe Rewue
Land Use
Land Use revenue for the month of July was $ 10,733 and for August $ 11,982. ' In preparing the report,
the department pulled all new revenue reports and updated some monthly figures from what had been
previously reported. This adjustment resulted in an increase shown of approx. $ 14,000. Year-to-date
total is $161,358 and revenue is down from last year by 16%
,
2009 Land Use Revenues
~
s5o,oo0
sao.oao - - '
~
.
s3o.oo0
;
.
- - - - -
s20,000
$10,000
$o
.an Feb mar aai uay .k,ne .wy Aug sao oci Nav oec
■ Revenue2009 o Revenue 2008 I
~
Page 1 of 8
,
Community Development
pokane
VaM ~ Monthly Report
y July and August 2009
Valuation
The valuation' for July 2009 was $.7,748,984 and for August it was $24,555,682.
2009 Permit Valuaaon
$50,000,000
$40,000,000
$30,000,000 520,000,000 ~
,
s10,000,000 _
$o - , - , , .
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
2009 Valuation [l 2008 Valuation ~
Office of Financjal Management Permit Information (Permits Issued)
Dweliing
July 2009 Residential New Separate Demolition Units
Structures Dwellin Units Permits Demolished
Single Family
Residence 11 1
Duplex
Tripiex
4-Plex ~
Apartments
July 2009 Commercial New Tenant
Buildin s Im rovements Additions
y 2 16 ~ I
' Per the currently adopted Master Fee Schedule, valuations reported above for commercial and residentiai
construction permits are "assigned based on the value of the construction work as stated by the applicant or the value
calculated by the Building Official using the latest valuation data published in the 8uilding Safety Joumal by the
Intemationa! Code Council, whichever is greatest."
Page 2 of 8
opoo ,°ji~~ ~ ~ Communit~► I+~veic~pmer~t
~ Monthly Repor#
%I ley ~
,;oO Ju~ ~nd Au ust 2009
Dwe11ing ~
August 2003 Residential New Separate Qemolition !lnlts
Structures Dweliin Units P"ormits Demollshsd
Single Farnily
Residence 6
Du lex 1 -
Tri lex
4-Plex ~
Apartments
August 2009 Neyv Tenant
Commercial Buildin s Improvements Additions
- ZO 17
Permit Ac~~ritw
Certif~cate of Occupancy
The Community Development staff issued a Certfficates of Occupancy in the month of July far Granite
Pointe Building C. !n August
Permits Issued
Corrrmunity Deuelapment issued a total of 305 permits in Ju1y and 275 in August, 2009 The total perrrrits
issued for the year is down about 24°!0. Significant +commercial perrnits %nc1ude a demolition permi~ for #he
Rite Aid siteq Chester Mini Storage Bldgs 7 & 8, Granite Painte Phase 2 and 12310 E Mirabeau Parkway
#5i30
2009 Constr+c#ion Permtls Issued
a~
4oa - - - - -
i
35a - ;
~
7011 1 ' 1
_ ~ ~ ,
1'~
I-~ I I
100 I
II
w
'D .J~n Feb Mor ApF ~ Megr Juris ,kly Auq sw (ck Na+r [ec M pwmftB 19 f ~ R 221 2a Wz 30 275
I
t 2005 Pwnft [7~4:2r 214 323 ~ 296 311 411 284 381 318 1 238 166
Page 3 of 8
crr"`i
Me Community Development
g Monthly Report
w
~ July and Au$ust 2009
Land Use Applications
In the month of July there were 2 temporary sign applications, 1 premilinary binding site plan, 3
preliminary short plat and one accessory dwelling unit approved. . During August there were 2
Administrative exceptions, 5- Boundary line adjustments, 4 final short plats, 3 temporary sign permits
and 5 pre-application meebngs.
Commercial Pre-application Meetfngs
During the months of July and August, Community Development staff held 15 commercial pre-application
meetings which included a gas stationlconvenience store, 5 short plats, portable classrooms, virtual golf
expansion, a mobile home park, and a new office warehouse building
SEPA Determinatlons
Five SEPA determinations were issued in July and August, including a Determination of Non Significance
(DNS) for Granite Pointe and Hamilton Apartments, a 29-lot short plat, 13,000 sf warehouse addition and
a text amendment.
Hearing Examiner
The Hearing Examiner conducted one hearing during the month of August for a 29-lot short plat.
Buslness Licenses
This information will be updated next report
Home Occupation Permits
Staff approved 4 home occupation applications in August, And 9 in July.
Entertainers Licenses
Staff processed 10 Adu1t Entertainment licenses for the month of August, and 3 in the month of July
Other
Staff called a meeting with the Rite-Aid developers to clarify their outstanding requirements, which are
minor.
Customer Service
The Permit Center staff assisted 958 customers at the counter and handled 932 customers' inquires by
phone in the permit center during July and August, averaging approx the same amount each month. Staff
provided an average target date of 10 working days for Commercial projects, 5 working days for
Residential platted and 10 working days for Residential un-platted. This target date represents the time
to first comments issued to the applicant.
Page 4 of 8
Community Development
Monthly Report
~ley*
u9ust 2009
Y and A
4;00 Jul
lnspectlons
Rlght of Way
For the month of June, the Right-of-Way inspector performed 1058 inspections in July and 641 in August.
2009 Right-of-Way Inapectlons
1200
t000-
i
800
600
400-
200- - i - - - - -
o . , . I
Jan Feb Mar Apr May Jurse July Aufl Sepi Ott Nov t)ec
1■ 2008 ■ 2008
Building
Piease note the structure of reporting building inspections has changed. The Department wiil break-out
residential and commercial inspections only. There were 649 residentiai inspections performed in July
and 222 commercial inspections. In August 582 residential and 219 commercial inspections were
performed. Plans Examiners reviewed 71 proJects July and August and have 3 pending projects were
awaiting review at the end of month. Staff also issued 12 over-the-counter permits for those months.
Bupoing Inspeetions Performod
700 - - Goo
600 - 800
600 - - - -
400
40C . ~ _ _ -
300
300
200
200
100 100
0 , - - 0
Jan Fa.b ' Mar Apr AAA. r Jtm I .1u1 Aup Sep ~ Oct Kov Qec
2009 Residmlitl 221 237 304 257 302 028 0 0 0 0 0 0
some 2ppq Commaelal 220 1se 149 te1 143 1a9 0 0 0 0 0 0
2008 ResiderttUl 206 230 332 353 398 408 648 423 4e3 452 352 306
--o-200Q Commorctal 128 1~5 132 161 142 153 167 ~ 256 112 241 297 1Eb
I
Page 5 of 6
SG04e Community Development
Monthly Report
Wley, July and Au$ust 2009
Development Engineerfng
During the month of July and August, the Development Engineering Inspector performed 8 commercial
site inspections and 1 residential inspection.
U PDATES
Planntnq
Planning Commission
The Planning Commission met finrice during July making recommendations regarding amendments to
Municipal Code regarding Community Facilities, and once in August for a public hearing regarding
amendments to the Hearing Examiner rules.
SpraguelAppleway Revitalizatlon Plan
City Council adopted the SARP on June 16, 2009, making the effective date October 1, 2009. Staff
continued with weekly SARP training and getting the document ready for publication.
City Center Project
City Hall property negotiations continued during the month of July and August
City Center Environmental Impact Statement and Planned Action Orclinance (PAO)
The draft EIS has been submitted to staff for initial review.
CTED Regional Collaboration Grant Project
The Collaborative Grant is over. A final report is anticipated in January 2010. The Planning Technical
Advisory Committee (PTAC) will be developing a scope of work for the next phase.
Growth Management Steering Committee of Elected Officials
The Steering Committee of Elected Officials (SCEO) met at the City of Spokane Valley in the Council
Chambers on August 26. Susan Winchell, Director of the Boundary Review Board provided an update on
the Collaborative Planning effort. Spokane County staff provided an overview of two proposed
amendments to the Urban Growth Area. Greg McCormick, PTAC Chair, informed the Steering
Committee that a recommendation on the proposed amendments would be presented at their next
meeting.
2010 Comprehensive Plan AmendmentslUpdates
Staff sent notice to City Council and department heads on September 2, requesting possible updates for
the 2010 Comprehensive Plan Amendment cycle. Staff is developing a docket for the 2010 amendment
cycle and would like to incorporate relevant changes to ensure the Comprehensive Plan is current.
Code Amendments
Residential lighting amendments are scheduled for a public hearing in September. A citizen initiated
code amendment for affordable housing density onuses was submitted in July. Additional Batch
Amendments are currently being worked on and are scheduled for Planning Commission review in
September.
Shoreline Master Program
In July the department interviewed the three top consultants and selected URS to assist in the Shoreline
Master Program. Team members met DOE staff to discuss inventory materials. In August the team put
together a tentative staff work program and a public parficipation program. As of late August staff have
been working on GIS mapping materials in preparation for the field inventory work which will begin in
September. Also, in August staff notified the property owners within approximately 200' of the shoreline
of the City's update process, as well as the fact the consuttant may be conducting field visits. .
Page 6 of 8
°TYCommunity Development '
, Monthly Report
l~ August 2009
JuI~I and
i,
- - - - - - - - ,
Tevelopm=ntEncYtnee-HnL,----
Street Standards
The Street St,~r
September 24
Departmer-r : - . . . . .
Energy Grant '
Staff presentEa trie Enc,gy vrarit Nr;;Nusai tu c,';c ir-,
application by the June 24, 2009, deadline We have received feedback that the application looks good
with some minor tweakina
Training
Mary SwanK attenaea a itaiflifly CUU(Se IOf N11Ci-05ui1 LXcci, btgIflfliilq diiU Mary Kate McGee attended flood zone regulation training at the WABO meebng
Scott Kuhta attended a Recycled Land workshop
Other
Micki Harnois attended the AWC Conference and two workshops focused on land use development and
its impacts.
Lori Barlow attended the Eastem Washington Pianners' Forum.
Code Comelfance
Citizen Action Requests
Code Compliance officers received 89 Citizen Action Requests for the month of July and 98 in August.
Total year-to-date reported violatlons are 608 compared to 785 by this time last year.
Page 7 of 8
pnd~~e Community Development
Monthly Report
11e •
y July and August Zoos
2009 Code Total Violations Reported - by Category
120 - - -
- - -
100
80 - - - -
60 - - -
, 40 - - - - - - -
20 '
I
I 0 Jan-09 Feb-09 I AAar-GG 1pr-0~-,- 'May-09 , Jun•09 Jul•QS Aug-09 Sep-09 Od-09 NOv-09 D8C-09
~ 1-- -
- - -
■ Salid W'asEe 11 6 ~ 27 1 24 25 16 15 19
0 Siflns 4 22 39 34 49 9 37 39
Property 9 3 13 15 13 8 21 21
Junk Auto 9 5 17 10 18 11 4 11
~m Environmentai 0 0 0 1 O 1 0 1
'o Complaint• No Vloladon 0 0 2 5 3 2 4 1
~p Cleac Vfew Trianflle ~ 0 0 0 5 2 8 8 B
Tota( 33 36 97 94 111 50 89 98
Rjght-of-Way Site Distance Compllance
The policy has been completed and Code Compliance has now begun cataloging priority areas. City
parks are the first priority following the school districts. The officers have designated one day per week
for the work.
UPCOMING DATES OF INTEREST
Sept 24 Planning Commission Hearing on Street Standards and Residential Lighting, siudy
session on batch code amendments
Oct 1 Developer's Forum at City Hall
Oct 1 Special Planning Commission Study Session - code amendment regarding
affordable housing
Oct 7 Open House regarding 10-year review of the County Urban Growth Areas, hosted in
the City's Council Chambers
Oct 8 Planning Commission meeting - public hearing on Affordable Housing amendment,
batch code amendments, recommendation of public participation plan for the
Shoreline Master Program, Street Standards deliberations
Page 8 of 8