2009, 10-06 Study SessionAGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Tuesday, October 6, 2009
CITY HALL COUNCIL CHAMBERS
11707 East Sprague Avenue, First Floor
(Please Silence Your Cell Phones During the Meeting)
6:00 p.m.
DISCUSSION LEADER SUBJECT /ACTIVITY GOAL
ACTION ITEMS:
1. Mike Jackson Second Reading Proposed Ordinance 09 -025 Approve Ordinance
Substantial Need [public comment]
2. Neil Kersten Emergency Resolution 09 -014, Snow Removal Approve Resolution
[public comment]
3. Neil Kersten Interlocal for Public Works Contract Motion Consideration
[public comment]
NON - ACTION ITEMS:
4. Greg McCormick Residential Lighting Discussion /Information
5. Mike Jackson Continuity of Operations Plan Addendum
6. Neil Kersten/ SARP /Road Project Funding Update
Scott Kuhta
7. Councilmembers Council External Committee Reports
8. Mayor Munson Advance Agenda
9. Information Only (will not be discussed or reported): Initiative 1033 Impacts
10. Mayor Munson Council Check in
11. Dave Mercier City Manager Comments
ADJOURN
Discussion/Information
Discuss ion /Information
Discussion/Information
Discuss ion /Information
Discussion /Information
Discussion/Information
Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always
reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane
Valley Council, the Council reserves the right to take "action' on any item listed or subsequently added to the agenda. The term
"action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision.
NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other
impairments, please contact the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may be made.
Study Session Agenda, October 6, 2009 Page 1 of I
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 City Manager Sign -off
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Second 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. The first reading of the ordinance
passed the council on September 29.
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. Staff has been advised that
inflation is a negative .0084 which will 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. 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.
RECOMMENDED ACTION OR MOTION: Move to adopt ordinance 09 -025 finding substantial
need.
BUDGET /FINANCIAL IMPACTS: The proposed ordinance increases the city property tax levy
by an estimated $110,250 (1 %) for 2010 operations. New growth and improvements will add an
additional $189,434 in property tax revenue to the City in 2010.
STAFF CONTACT: Ken Thompson, Finance Director
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
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 REGULAR PROPERTY TAXES FOR THE CITY OF SPOKANE VALLEY,
WASHINGTON IN SPOKANE COUNTY, PLUS ADDITIONAL REVENUE
RESULTING FROM NEW CONSTRUCTION, IMPROVEMENTS 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.
WHEREAS, 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` 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
WHEREAS, 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 tax; 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. 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 which includes new construction and improvements.
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 tax levy which includes additional revenue
resulting from new construction, improvements 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 2008 levy which was collected in 2009.
Section 3. Notice to Spokane County. 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. Severability. 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 October, 2009.
ATTEST:
Richard M. Munson, Mayor
Christine Bainbridge, City Clerk
Approved As To Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 09 -025 Substantial Need Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Proposed Resolution 09 -014, Emergency Winter Street Maintenance
Contract Resolution
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: On July 21, 2009 Council approved the purchase of
five WSDOT plow /sanders units and a one year lease for the Waste Management site for winter
operations. On August 18, 2009 Council approved an emergency contract to Poe Asphalt for
Facility Improvements and Preparation of Equipment for Winter Response.
BACKGROUND: This contract will cover winter snow operations for this winter. The contract
has two phases to accommodate the City's calendar year budget. Phase 1 will be in effect until
December 31, 2009 with a not to exceed price of $280,000. Phase 2 will be from January 1,
2010 and remain in effect until May 30, 2010 and shall not exceed $640,000. These costs are
based on a moderate to light snow year.
OPTIONS: Approve the emergency contract to Poe Asphalt Paving Inc. or give staff further
direction.
RECOMMENDED ACTION OR MOTION: Move to approve emergency Resolution 09 -014.
BUDGET /FINANCIAL IMPACTS: Funds are available in the current 2009 Street Fund and are
budgeted in the 2010 Street Fund
STAFF CONTACT: Neil Kersten
ATTACHMENTS: Resolution, Contract Agreement
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 09-014
A RESOLUTION DECLARING AN EMERGENCY AND PROVIDING AUTHORITY
FOR THE CITY MANAGER TO EXECUTE A CONTRACT FOR WINTER
WEATHER ROAD SNOW AND ICE REMOVAL, AND OTHER MATTERS RELATED
THERETO.
WHEREAS, the City of Spokane Valley was notified by Spokane County that the County would
no longer provide snow and ice removal services for the City of Spokane Valley after October 15, 2009;
and
WHEREAS, the City of Spokane Valley has initiated a Request for Qualifications process as part
of establishing a long term solution for snow and ice removal in the City of Spokane Valley; and
WHEREAS, this process cannot effectively or fairly be completed in time to provide services for
the City of Spokane Valley by the winter season of 2009 -2010; and
WHEREAS, the failure to have a snow and ice removal process in place would result in
significant risk to the health, safety and welfare of the citizens and businesses of Spokane Valley; and
WHEREAS, the City of Spokane Valley purchased surplus equipment from the State of
Washington for snow and ice removal purposes; and
WHEREAS, the City of Spokane Valley does not have sufficient staff or appropriately trained
staff to operate its snow and ice removal equipment at the present time; and
WHEREAS, the property identified requires some immediate facility improvements to be usable
for snow removal purposes and the equipment purchased requires repairs and assembly; and
WHEREAS, the Public Works Department has determined that there is insufficient time to enter
into and complete a competitive process using a request for proposal/request for qualification process and
be able to have the snow and ice removal operation functional by this winter season; and
WHEREAS, the Public Works Department has further determined that Poe Asphalt has a
previous and ongoing contractual relationship with the City of Spokane Valley, has the experience,
manpower and equipment immediately available to assist in performing these functions for a snow and
ice removal program for this immediate winter season; and
WHEREAS, these circumstances constitute an emergency which unless the City of Spokane
Valley immediately enters into the contract in question, could have an adverse effect on the health, safety
and welfare of the citizens of the City of Spokane Valley;
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY HEREBY
RESOLVES AND DECLARES AS FOLLOWS:
SECTION ONE - The above described circumstances constitute an emergency.
Resolution 09 -014 Winter Weather Road, Snow & Ice Removal Page 1 of 2
DRAFT
SECTION TWO The City Manager is hereby authorized to execute a contract substantially
similar as that attached hereto and made a part hereof, in an amount not to exceed $280,000 for Phase I
and $640,000 for Phase II.
SECTION THREE Effective Date This Resolution shall be in full force and effect upon
adoption, and shall remain in effect until subsequent action by the City Council stating the conditions
giving rise to this Emergency Proclamation have subsided.
DATED this day of 2009.
Richard M. Munson, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Resolution 09 -014 Winter Weather Road, Snow & Ice Removal Page 2 of 2
Poe Asphalt Paving, Inc.
Contract No. 09-
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinafter "City" and Poe Asphalt Paving, Inc. hereinafter "Contractor,"
jointly referred to as "parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed The Contractor shall do all work and furnish all labor, tools,
materials, supplies and equipment for winter snow and ice services as outlined in Exhibit 1, "Scope of
Services ". The parties shall enter into a lease agreement for the City's snow removal and deicing
equipment for those times the Contractors employees are operating the vehicles. Additionally Contractor
shall name the City as a primary insured on its insurance policy for the duration of the contract.
The CONTRACTOR shall, for the amount set forth in this contract, assume and be responsible
for the cost and expense of all work required for completing the work and related activities provided for
in the Scope of Services, except those items mentioned therein to be furnished by the City of Spokane
Valley.
The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior
to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee
to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor
shall promptly commence work, complete the same in a timely manner, and cure any failure in
performance under this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with the
contract, and City, State and Federal standards. Contractor acknowledges review of the contract
requirements and accepts the same. Contractor shall exercise best efforts, including the selection of the
highest quality materials, so that all work performed shall be in compliance with current related industry
standards.
2. Term of Contract Phase 1: Shall be in full force and effect upon execution and shall
remain in effect until December 31, 2009. Phase 2: Shall be in full force and effect based on a written
notice to proceed from the City from January 1, 2010 and remain in effect until May 30, 2010.
The City may terminate this agreement by ten (10) days' written notice to the other party. In the
event of such termination, the City shall pay the Contractor for all work previously authorized and
satisfactorily performed prior to the termination date.
3. Compensation The City agrees to pay the Contractor for the Cost of the Work plus the
Contractor's fee for overhead and profit as defined in Exhibit 2 and by this reference is incorporated
herein and made a part hereof. Phase I total cost will not exceed $280,000. Phase 2 total cost will not
exceed $640,000.
4. Payment The Contractor may elect to be paid in monthly installments, upon
presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for
payment shall be sent to the City Clerk at the below- stated address.
The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract
Documents, or City or State standards.
5. Notice Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: Christine Bainbridge, City Clerk Name: Brad Griffith
Phone Number: (509) 921 -1000 Phone Number: (208) 777 -0498
Address: 11707 East Sprague Ave., Suite 106 Address: 2732 N Beck Road
Spokane Valley, WA 99206 Post Falls, ID 83854
6. Applicable Laws and Standards The parties, in the performance of this agreement,
agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations.
7. Relationship of the Parties It is hereby understood, agreed and declared that the
Contractor shall be an independent Contractor and not the agent or employee of the City. Any and all
employees who provide services to the City under this agreement shall be deemed employees of the
Contractor. The Contractor shall be solely responsible for the conduct and actions of all employees under
this agreement and any liability that may attach thereto.
8. Ownership of Documents All drawings, plans, specifications, and other related
documents prepared by the Contractor under this agreement are and shall be the property of the City, and
may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws.
9. Records The City or State Auditor or any of their representatives shall have full access
to and the right to examine during normal business hours all of the Contractor's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make
excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls
and record of matters covered by this contract for a period of three years from the date final payment is
made hereunder.
10. Contractor to Be Licensed And Bonded The Contractor shall be duly licensed and
bonded by the State of Washington at all times this agreement is in effect.
11. Insurance The Contractor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise
limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types
described below:
1. Automobile Liability insurance covering all owned, non - owned, rented,
borrowed, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) from CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage and the City shall be named as an additional
insured on a primary basis.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products - completed operations, stop gap liability,
personal injury and advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the Contractor's
Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10
O1 and Additional Insured - Completed Operations endorsement CG 20 37 10 01
or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products- completed operations aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability and Commercial
General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self - insurance, or insurance pool coverage maintained by
the City shall be excess of the Contractor's insurance and shall not contribute
with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than ANII.
E. Verification of Coverage. Contractor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
12. Indemnification and Hold Harmless The Contractor shall defend, indemnify and hold
the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or in connection with the performance of
this agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115 then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51
RCW solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of the agreement.
13. Waiver No officer, employee, agent, or other individual acting on behalf of either party,
has the power, right, or authority to waive any of the conditions or provisions of this agreement. No
waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All
remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition
to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of
the provisions of this agreement, or to require, at any time, performance by the other party of any
provision hereof, shall in no way be construed to be a waiver of such provisions, nor shall it affect the
validity of this agreement, or any part thereof.
14. Assignment and Delegation Neither party shall assign, transfer, or delegate any or all
of the responsibilities of this agreement, or the benefits received hereunder, without first obtaining the
written consent of the other party.
15. Jurisdiction and Venue This agreement is entered into in Spokane County,
Washington. Venue shall be in Spokane County, State of Washington.
16. Arbitration All disputes arising under this agreement shall be resolved through
arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American
Association of Arbitration.
17. Entire Agreement This written agreement constitutes the entire and complete
agreement between the parties, and supersedes any prior oral or written agreements. This agreement may
not be changed, modified, or altered, except in writing and signed by the parties hereto.
18. Anti - kickback No officer or employee of the City, having the power or duty to
perform an official act or action related to this agreement, shall have, or acquire, any interest in this
agreement, or have solicited, accepted, or granted, a present or future gift, favor, service, or other thing of
value from any person with an interest in this agreement.
19. Business Registration Prior to commencement of work, Contractor shall register with
the City as a business.
20. Severability If any section, sentence, clause or phrase of this agreement should be
held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the
validity of any other section, sentence, clause or phrase of this agreement.
21. Exhibits Exhibits attached and incorporated into this agreement are:
1. Scope of Services
2. Cost of Work
3. Insurance Certificates
IN WITNESS WHEREOF, the parties have executed this agreement this
2009.
CITY OF SPOKANE VALLEY:
City Manager
ATTEST:
City Clerk/Deputy City Clerk
day of
CONTRACTOR:
Owner
Tax I.D. No.:
APPROVED AS TO FORM:
Office of the City Attorney
Exhibit 1
SCOPE OF SERVICESWINTER MAINTENANCE
CITY OF SPOKANE VALLEY
BACKGROUND AND GENERAL
The City of Spokane Valley desires winter maintenance services for the established public streets
of the City of Spokane Valley on a 24 hour /7 days per week basis. The services will consist of
snow removal and deicing application as directed by the City using a combination of City owned
equipment, personnel, materials and maintenance facility and Contractor owned equipment,
materials and personnel.
EQUIPMENT
The City will provide the maintenance facility at 11702 East First Avenue, Spokane Valley. and
the following equipment:
3- single axle plow /sander trucks.
1 -tandem axle plow /sander truck.
2- single axle plow /deicer trucks.
The Contractor will provide the following equipment:
2 -road graders with 14' mold boards and wings.
1- Caterpiller Model No 14 with 16' mold board.
Additional Road Graders w /wings as needed for emergency snow removal.
1 -Front Loader.
All equipment used in winter maintenance operations will be stored and readied for use at the
maintenance facility.
The Contractor will fully maintain City equipment and Contractor equipment to achieve the
highest level of operational efficiency. All parts and supplies used for City owned vehicles in
winter maintenance operations will be supplied by the City. The City will provide cell phone
communication equipment for each vehicle used in the winter maintenance operations and
remain inside the vehicle. A unit will be provided for the Contractor's Project Manager.
STAFFING
The Contractor will provide trained and skilled driver /operators for each of the pieces of
equipment used in the winter maintenance operations. The Contractor will provide 9
driver /operators and I Mechanic /Operator as a base level service. All 10 staff will receive all
City snow plow and deicing training. An additional 6 operators will be made available in the
event of extreme snow conditions. The Contractor will have a Project Manager available by
cellular phone 24 hours /7 days per week.
The City will provide 2 operators that will be included as truck drivers in the winter maintenance
operation. The Contractor will coordinate scheduling and assignment of the City operators with
the City's Street Maintenance Superintendent. The Contractor will also include City staff in the
Contractor's safety plan.
CALL TO BEGIN WORK
The Contractor shall have a project manager available 24 hours /7days a week to receive calls to
work without exception. The City will pay the contractor a minimum of 2 hours per day for the
project manager to be available on a 24/7 basis. A Nextel, (Walkie /Talkie phone) will be
provided by the City. The Contractor's PM will also provide a backup phone. Communication is
of the utmost importance. No work shall begin prior to receipt of directions from the City and
work shall continue until notification from the City to stop work.
CALLOUT RESPONSE TIME
The Contractor shall have equipment and operators on the job and operating on assigned
roadways as soon as possible when notified by the City.
When requested by the City with 8 hours of notification, the Contractor will place requested
driver /operators on standby pay. The City will pay the contract 2 hours of pay for each
drive /operator during a 24 hour period. When the Contractor's staff is on standby pay the
contractor shall have the driver /operators on assigned roadways within 2 hours of notification by
the City.
Equipment shall be stored and in ready state at the City's Maintenance facility at 11702 E. First
Ave. The City will pay the Contractor for contractor owned equipment 1 hour of service time for
each 24 hour period to have the equipment ready, maintained and operational.
PLOWING ROUTES
Streets have been selected and listed in priority order for winter maintenance operations. Maps
of the streets with their priority indicated will be provided to the Contractor for use by the PM
and operators. Strict adherence to the clearing of only the public roadways as assigned is
mandatory. No altering of the assigned streets or areas to be cleared or deiced will be made
without direction from the City.
The following table summarizes the length of streets in each Priority for snow removal
Street Priority
C/L Miles
Lane Miles
Priority 1
Major Arterials
29.27
135.64
Priority 2
Minor Arterials
60.98
159.12
Priority 3
Collectors/Hilly Locals
75
155
Priority 4
Valley Floor Locals
272.37
544.74
SNOW REMOVAL MANAGEMENT AND LEVEL OF SERVICE
Snow shall not be pushed onto traffic islands, trees, shrubs, handicap ramps or into piles that
block intersections. Snow removed from two lane roadways shall be plowed a minimum of 12
feet in width for each lane. All lanes of multi -lane roadways shall be cleared of snow to the curb
and all intersections shall be cleared.
Snow /ice shall be removed as close as possible to bare pavement but in no case leaving more
than %2" of snow or ice on the pavement. The desire of the City is to maintain adequate traction
for vehicles that are properly equipped for winter driving conditions. The level of service will be
as outlined in the City's adopted Snow Plowing and Deicing Level of Service plan as posted on
the City's web site.
DEICING ROUTES
Deicing Routes have been selected and listed in priority order for winter operations. Maps of the
streets with their priority indicated will be provided to the Contractor for use by the PM and
operators. Strict adherence to the deicing of only the public roadways as assigned is mandatory.
No altering of the assigned streets or areas to be deiced will be made without direction from the
City.
DEICING MANAGEMENT
Granular Material for deicing will be supplied by the City amd located at the City maintenance
site. Liquid deicing material will be supplied by the Contractor and will be maintained in a
holding tank located at 12001 East Empire Avenue, Spokane Valley. Due caution and care in
loading deicing chemical will be taken to avoid spills. The City shall be immediately notified of
spills or leakage of deicing chemicals. Application rates will be determined in advance of
deicing application and street assignments. Strict adherence to these application rates shall be
followed.
MAINTENANCE FACILITY AND EQUIPMENT
The Contractor shall prepare, maintain and operate the equipment, including City owned
plow /deicing trucks, and the maintenance facility at 11702 East First Avenue, Spokane Valley.
The Facility will be used for storage of maintenance equipment and materials and utilize existing
buildings for equipment maintenance, parts and supplies storage and operations staging.
Contractor will work with the City to keep the equipment and facility secure from theft,
vandalism and trespass. All work by the Contractor to prepare, maintain and operate the
equipment and maintenance facility will be reimbursed in full.
COMMUNICATIONS WITH CITY
Communications with the City are essential to the success of winter maintenance. Contractor
will notify City immediately upon occurrence of any collisions or damage to public or private
property. The Contractor will immediately notify the City of any operational or emergency
situations that impact the winter maintenance operations.
PUBLIC RELATIONS
All public contacts and relations are the responsibility of the City. The Contractor will
immediately notify the City of any contacts with the public, law enforcement or elected officials.
DAMAGES
Contractor agrees to reimburse the City for the replacement of signs, sign posts, guard posts or
guard rails, curbs and medians damaged by the Contractor if resulting from the Contractor's
negligence as determined by the City's representative. Normal wear and tear of City streets will
not be the responsibility of the Contractor.
PRESEASON/POST SEASON MEETING
Prior to the beginning of winter maintenance operations the Contractor will meet with City staff
to review all winter maintenance operations. The Contractor will make their employees
available for a "dry run" of all streets and a review of the winter operations including
communications.
At the completion of winter operations in the Spring of 2010, a meeting will be held with the
City and the Contractor to review the past season's operations and discuss any problems or
difficulties arising from the past season's contract.
Exhibit 2
1. Cost of the Work. Cost of the Work means the sum of costs incurred and paid by
Contractor in the proper performance of the Work. Costs shall include only the following items:
1.1 Direct Costs
1.1.1 Payroll Costs. Charges for Payroll Costs will be limited to actual costs of
Contractor's construction personnel stationed in the field. Payroll costs shall
include, but not be limited to, salaries and wages plus the cost of fringe benefits,
which shall include social security contributions, unemployment, excise, and
payroll taxes, workers' compensation, health and retirement benefits. The
expenses of performing Work outside of regular working hours, on Saturday,
Sunday, or legal holidays, shall be included in the above to the extent authorized
by Owner.
1.1.2 Equipment Costs. Charges for Equipment Costs used by the contract to complete
the work in the field.
1.1.3 Material Costs. Charges for Material Costs furnished by the Contractor and
incorporated in the Work. The City and Contractor agree that materials listed
under Attachment C — Part 4 of Exhibit 2 represent the maximum authorized
types of materials and unit rates which will be considered reimbursable under the
terms of the this contract unless subsequently changed for reasons approved by
the City by a formal change order to the Contract.
1.2 Subcontractor Costs
1.2.1 If required by the City, the Contractor shall obtain competitive bids from
subcontractors acceptable to the City and Contractor and shall deliver such bids
to the City, who will then determine which bids, if any, will be acceptable.
1.2.2 Material Costs. Charges for Material Costs furnished by the Subcontractor and
incorporated in the Work. If required by the City, the Contractor shall obtain
competitive bids and shall deliver such bids to the City, who will then determine
which bids, if any, will be acceptable.
1.2.3 Payments made by the Contractor to Subcontracts may be based on a lump sum
price from the Subcontractor.
2 Overhead and Prot Contractor's fee means a percentage over the direct costs (Items
1.1 and 1.2 above) to account for the contractor's overhead and profit.
2.1 Fee for overhead and Profit for the Project costs is a percentage over the direct cost
(Item 1.1 above) that includes the overhead and profit for the contractor over work
executed by the contractor. Overhead costs includes, but are not limited to, the cost
of the contractor's offices and office personnel, insurance, bonds, and any other
overhead and operating expenses not specifically included in the Cost of the Work as
defined in Section 1.1 above.
2.2 Fee for overhead and profit for subcontractor's cost is a percentage over the cost
charged by the subcontractor to the contractor (Item 1.2 above). The overhead and
profit for the operation of the subcontractor is already included in the subcontractor
cost charged by the subcontractor to the contractor.
3. Direct Cost Rates.
JI ABOR I
osts,
Description
Hourly Cost I
OT Cost
Superintendent/Manger
:$ _ ..'. 56.35.'..
$' - -. ` -.,z�; 70:05'
Foreman
85s'e$
= -:55. "45:
Operator
$'.; ' `:; 40.85"
L$:; :';:.:54:45;
Teamster
$: -' '' 40:851-
. $ "', , 54.45'
Laborer
$ _ _: 3T85?
N 7 1
EQUIP,MENTs >` < << i " s =t
Description
Hourly Cost
38 KW Tractor
_
$..: '. ',60:00
22 KW End Dump
_
$ - 60:00
29 KW End 'Dump
-
' $ 60:00
40 DW End Dump$
`. , 60.00
56 Pete End Dump
$:' 60.00
6O KW End Dump
$ 60.00
23 1?6 Su er Dum
; _:.
$ 80:50
24 Pete Super Dump
80:50
25 Pete Su per Dump: ",
' , w?
. $ 80:50,
27 Pete;Su er Dump
=`
$, : ,: 80:50
28 Pete Super Dump
r
$ _ - _80.50,
257 Water-Puck;
259 Water, Truck
_44:50
$ 60.00.
205. Ford.Tack Truck
-_
$ .' '44.50
273 Ford Service Truck
$ .. ` ::39.00.
230 Ford;F250 '
:. r,
-$ -, - : .16.00
300 Ford F150.
_$; 16.00:
202 Ford' F450 • .
$ :26:75
208 Ford
$,' '_ .26.75
247 Ford F550 `
$:. • :. 26.75
75 Lowbed .•
$:':: 37.00
102 4 axle u
a.
$.., .> .. 21.00.
103 4`axle pup
$ :: . 21.00
187.r4 axle u
$ 21.00
188:4 axle pup ,
$ : 21.00
197 +Bell Dum .Trailer
$ 21.00
144 3;azleailt trailer
_: °,
$ - 26.25
r,1 'a a
' .: �r tea Zr.
x 1wOu _COSt:'w
131 Trailmax Trailer
15.75
132 Trailmax Trailer
$ = 15.75
149 Trailmax Trailer
~" `
$;'.'. _' 15.75"
461 Cat Grade. Roller
$ .: : 54.50
406. DID -34 Roller
$ - . ' .44125-
41 -1 D na ac 102.Roller. '
$ 44:25
418 DD70 Roller
$ -_' 65.00
416 DD110 Roller.
- ;
$. ' 79.00
505 Boma g' -_
$ - -' 85.00:
524 Blawknox 5510
$ 175.00.
722 John. Deere 210.. ',.
$- 50.00
718 Huber 750'
55.00
711 Cat 160
„:$
'85.50
828..Broce Broom
_
$ 55.00
926,tackTrailer
". ".
$ , 16:00
421 Plate Wackers.
= _'
$ -5:30.
946 Multi saw
;::$:`
: 26.25
MATERIALS;:
Costs
Description
HMA
$" :59.00.
To Course 5/8
`$ ,- 6.30
3 Overhead and Profit Fees
Overhead-andiProfit,Fees =,_,
_,._,.� x..�,,.�:,
� ..Fee
Direct Costs
'. `•22%. _
Subcontractor
8% ::
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 City Manager Sign -off: r ,
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Spokane County Traffic Interlocal
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Attached is the proposed interlocal agreement with Spokane County. This
interlocal covers traffic signs, signals and pavement markings. The current interlocal expires on
October 15, 2009.
OPTIONS: Approve the interlocal or give staff further direction.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to
sign the Spokane County Traffic Interlocal Agreement.
BUDGET /FINANCIAL IMPACTS: Funds are available in the Street Fund
STAFF CONTACT: Neil Kersten
ATTACHMENTS: County Interlocal Agreement
rol" 12rr
Return to: Daniela Erickson, Clerk of the Board
Board of County Commissioners
1116 W. Broadway
Spokane, Washington 99260
INTERLOCAL AGREEMENT FOR ROAD MAINTENANCE SERVICES
IN THE CITY OF SPOKANE VALLEY
(October 15, 2009 — December 31, 2010)
THIS AGREEMENT, made and entered into by and between Spokane County, a political
subdivision of the State of Washington, having offices for the transaction of business at 1116 West
Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY' and the City of
Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of
business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington
99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the 'PARTIES." The COUNTY
and CITY agree as follows.
SECTION NO. 1 : RECITALS AND FINDINGS
(a) The Board of County Commissioners of Spokane County has the care of County property
and the management of County funds and business under RCW 36.32.120(6).
(b) Counties and cities may contract with each other to perform certain functions which each
may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act).
(c) The City of Spokane Valley desires to utilize the services of Spokane County for the
purpose of providing traffic sign, signal and pavement marking maintenance services on the public rights -
of -way in the City.
SECTION NO. 2 : DEFINITIONS
(a) Agreement: "Agreement" means this Interlocal Agreement between the CITY and
COUNTY regarding traffic maintenance services including signs, signals and pavement markings.
(b) Cam: "CITY' means the City of Spokane Valley.
(c) Coun : "COUNTY' means Spokane County.
(d) Maintenance and Operations "Maintenance and Operations" and "M &O" shall mean (1)
those class codes (3000 -5999. and 7000 -9999) used by Spokane County in its budgetary process as
prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as
such expenditures are directly attributable and proportionate to services rendered to CITY under the terms
of this Agreement.
Interlocal Agreerment for Road Maintenance Services Page I of 15
(e) Services "Services" means those services identified in Exhibit A -1.
(f) Compensation "Compensation" means that methodology set forth in Exhibit A used to
establish the amount of money which the CITY will pay the COUNTY for providing Services.
(g) Capital Improvement "Capital Improvement" shall mean the capitalization threshold
adopted by the County during the term of the Agreement. The County shall give the City advance notice
of any increase in the capitalization threshold. Any such expenditure will be coded as provided for in the
BARS -manual adopted by the State of Washington under RCW 43.88.
(h) Uncontrollable Circumstances "Uncontrollable Circumstances" means the
following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods,
volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that
directly affect providing of such Services.
A -4.
(i) Report "Report" shall mean the Invoice Supporting Documentation set forth in Exhibit
SECTION NO. 3: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and
conditions under which the COUNTY will provide Services on behalf of the CITY. It is the intent of the
PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S
Council/Manager form of government provided for in chapter 35A.13 RCW.
SECTION NO. 4 : DURATION/WITHDRAWAL
This Agreement shall commence on October 15, 2009, and run through December 31, 2010, unless one of
the PARTIES provides notice as set forth in Section 7.
At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year
thereafter effective January 1" to December 31 ". All renewals shall be subject to all terms and conditions
set forth herein.
The PARTIES recognize it is highly unlikely that Exhibit A -2, setting forth the new billing rates for each
year's Services, will be available at the start of any renewal time frame. Accordingly, until a new Exhibit
A -2 has been prepared and agreed to between the PARTIES, the PARTIES agree that the COUNTY will
bill the CITY and the CITY will pay the COUNTY at the same billing rates paid in the previous year.
Upon the PARTIES agreement on a new Exhibit A -2, the CITY and COUNTY will reconcile payments to
date under the previous years billing rates with the new billing rates. Any underpayment for any Services
will be due in the first payment due following reconciliation. Any overpayment for any Services will be
credited to the first monthly payment due following the reconciliation. The PARTIES agree that no
interest shall be owing by either Party to the other Party for any overpayment or underpayment
determined as a result of the reconciliation.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the other Party.
Interlocal Agreerment for Road Maintenance Services Page 2 of 15
"Mirea
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 shall 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 5th day of the following month. At the sole
option of the COUNTY, 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 shall 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 CONJUNCTION WITH PROVIDING
SERVICES
The COUNTY or designees agree to attend staff meetings 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 are received when sent by personal delivery; or (ii) the third day following the
day on which the same have been mailed by first class delivery, postage prepaid addressed to the
COUNTY or the CITY at the address set forth below for such Party, or at such other address as either
Party shall from time -to -time designate by notice in writing to the other Party:
Interlocal Agreerment for Road Maintenance Services Page 3 of 15
DRAFT
COUNTY: Spokane County Chief Executive Officer
or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative
Redwood Plaza
1 1707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 8: REPORTING
Reports The COUNTY shall provide the CITY with reports documenting actual usage under this
Agreement at the same time each invoice requesting payment is made, unless otherwise mutually agreed
by the Parties. The Parties agree that the terminology "reports documenting usage" means that type of
information provided by the COUNTY to the CITY in the 2004 agreement for Services. Such reports
shall be in a format as mutually agreed to between the Parties. The content and/or format for such reports
may be changed from time -to -time by written agreement between CITY and COUNTY staff.
Records Review — The CITY shall be allowed to conduct random reviews of the records generated by
the COUNTY in performance of this Agreement. The CITY will provide the COUNTY with reasonable
advance notice of the records reviews. The Parties agree that they will make best efforts to achieve a
resolution of any potential records confidentiality issues, including entering into confidentiality
agreements or other similar mechanisms that will allow disclosure of the necessary information to
accurately conduct a records review. If the CITY will be allowed to view only those records directly
relating to Services provided within CITY's corporate boundaries, then the COUNTY must keep a log of
original documents used to charge the CITY, and those documents must have identifying numbers or
letters so the original source documents can be easily retrieved.
SECTION NO. 9 : COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so executed and
delivered, shall be an original, but such counterparts shall together constitute but one and the same.
SECTION NO. 10 ASSIGNMENT
No Party may assign in whole or part its interest in this Agreement without the written approval of the
other PARTY.
SECTION NO. 11: COUNTY EMPLOYEES
The COUNTY shall appoint, hire, assign, retain and discipline all employees performing Services under
this Agreement according to applicable collective bargaining agreements and applicable state and federal
laws.
The COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide
Services. Issues of discipline or performance will be specifically handled according to COUNTY policies.
Interlocal Agreerment for Road Maintenance Services Page 4 of 15
DRAFT
SECTION NO. 12: LIABILITY
(a) The COUNTY 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 COUNTY 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 shall accept all liability for the other Party's officer or employee's negligence.
(e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement.
(f) The foregoing indemnity is specifically 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 indemnified Party with a full and complete indemnity of
claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were
specifically negotiated and agreed upon by them.
(g) The COUNTY and the CITY agree to either self insure or purchase policies of insurance
covering the matters contained in this Agreement with coverages of not less than S5,000,000 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 Agreerment for Road Maintenance Services Page 5 of 15
h](7.1av11
of the COUNTY. The COUNTY shall be solely responsible for the conduct and actions of all employees
under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or
representative of the CITY shall be deemed to be an employee, agent, servant or representative of the
COUNTY for any purpose.
SECTION NO. 14 : MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
SECTION NO. 15: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original owner, unless specifically and mutually agreed by the PARTIES to this
Agreement.
SECTION NO. 16 : ALL WRITINGS CONTAINED HEREINBINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that
there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No
changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change
or addition is in writing, executed by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 17 : DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and
considered by the COUNTY CEO and the CITY Manager. If the COUNTY CEO and the CITY Manager
cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be
applicable to any arbitration proceeding.
The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The
two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel
shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04
RCW.
The costs of the arbitration panel shall be equally split between the PARTIES
SECTION NO. 18: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the State of
Washington and it is mutually understood and agreed by each party that this Agreement shall be governed
by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit
in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be
instituted only in courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 19 : SEVERABILITY
The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be
illegal, the validity of the remaining portions or provisions shall not be affected and the rights and
Interlocal Agreerment for Road Maintenance 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
extend the scope or intent of the sections to which they pertain.
SECTION NO. 22 : TIME OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its
part to be performed at the time fixed for the performance of the respective obligation by the terms of this
Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages
caused by such delay.
SECTION NO. 23 : UNCONTROLLABLE CIRCUMSTANCES /IMPOSSIBILITY
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 Agreerment for Road Maintenance Services Page 7 of 15
DRAFT
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 February 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.
Interlocal Agreerment for Road Maintenance Services Page 8 of 15
DRAFT
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and
year, opposite their respective signatures.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
DATED:
ATTEST:
TODD MIELKE, Chair
MARK RICHARD, Vice Chair
Daniela Erickson BONNIE MAGER, Commissioner
Clerk of the Board
DATED: CITY OF SPOKANE VALLEY
Attest:
City Clerk
APPROVED AS TO FORM ONLY:
Office of the City Attorney
By: _
Title:
(Title)
Interlocal Agreerment for 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 notify CITY in
writing of any changes to or modifications of the labor and equipment rates.
Estimated 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 emergencies
as outlined in Section 213 of this Exhibit.
SECTION NO. 2: COST OF SERVICES AND PAYMENTS
A. Countv Responsibilities —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 COUNTY will be those adopted by CITY and COUNTY in annual
budget processes: COUNTY is a contractor for CITY and will provide services requested by CITY so
long as such services are within COUNTY'S ability to provide.
Actual 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 Agreerment for Road Maintenance Services Page 10 of 15
DRAFT
Emergency work, including 911 calls, will be referred directly to COUNTY personnel. COUNTY will
maintain an emergency contact list with the CITY and 911 dispatch centers. Emergency work to protect
public safety and/or property will be handled as COUNTY and/or CITY liaisons deems necessary.
Emergency work may include, but is not limited to repair of traffic signal malfunctions, or replacement of
downed stop signs. CITY liaison will be informed of the incident as soon as practicable.
Non - emergency citizen requests, during regular CITY operating hours, will be referred to CITY. CITY
will be responsible for prioritizing requests and arranging with COUNTY for work to be done.
C. CITY Responsibilities
In conjunction with COUNTY providing the services described in Subsections A and B of this Section, .
CITY, in executing this Agreement, does:
(1) Confer on COUNTY the authority to perform the traffic maintenance services within CITY limits
for the purposes of carrying out this Agreement.
(2) Agree that when COUNTY provides engineering and administrative services for CITY, County
Engineer may exercise all the powers and perform all the duties vested by law or by resolution in
the City Engineer or other officer or department of the City charged with street administration.
(3) Adopt by reference all ordinances, resolutions and codes necessary to provide authority for
COUNTY to perform the services under this Agreement.
Attachment List:
A -1 Services
A -2 2009 Employee and Equipment Rates
A -3 Overhead Cost Definition
A -4 Invoice Supporting Documentation
Interlocal Agreerment for Road Maintenance Services Page I1 of 15
DRAFT
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
COUNTY. 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.
(5) 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.
Interlocal Agreerment for Road Maintenance Services Page 12 of 15
EXHIBIT A -2
SPOKANE COUNTY
SIGN AND SIGNAL MAINTENANCE
2009 Standard Labor and Equipment Rates
MAINTENANCE WORKERS
MONTHLY
RATE (a)
HOURLY
RATE
1.5 X
RATE (b)
2.5 X
.RATE (c)
TITLE
CLASS
X -tra Help (5 month position )
2231X
$2,758
$15.91
$17.391
$28.99
Traffic Signal Technician 2
2311
$8,703
$50.21
$44.73
$74.55
Traffic Signal Technician 3
2312
$9,429
$54.40
$49.43
$82.36
Chief Traffic Signal. Technician
2313
$10,023
$57.82
$53.27
$88.79
Traffic Sign Technician 1
2242
$6,914
$39.89
$33.15
$55.25
Traffic Sign Technician 2
2265
$7,5951
$43.82
$37.56
$62.60
Traffic Sign Technician 3
2274
$8,047
$46.42
$40.48
$67.47
Traffic Sign Technician 4
2267
$8,533
$49.23
$43.63
$72.71
Chief Traffic Sign Technician
2283
$9,820
$56.65
$51.96
$86.60
ADMINISTRATION & MANAGEMENT
TITLE - CLASS
MONTHLY
RATE (a)
I HOURLY I
RATE
SOT
RATE (d)
2.5 X
I RATE (e)
Engineer 3
1 23351
$10,8461
$62.571
$45.63
n/a
EQUIPMENT CHARGES
HOURLY
RATE
TYPE
CLASS
1.5 Ton Truck
TCL4M
$11.00
Bucket Truck
TCL313
$7.50
Class 4 Truck
TCLS4
$12.00
Heavy Use Truck
TC1_6L
$7.50
1/2 Ton Truck
PU1 /2
$3.75
Compact 4X4
P4X4C
$4.65
Mini Van
VANMC
$4.00
Midsize Sedan
CARMD
$3.00
Striper Truck
PTRKC
$15.00
(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 (SOT) 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 charged 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
Exhibit A -3,
1 of 2
2008
ACCOUNT
TITLE
Actual
Agency Ora
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
8
Total Administration
Miscellaneous
59119
Principal - General Government
847,763
59200
Interest
279,133
59443
Capital- Equipment
20,904
1,147,800
Total Miscellaneous
59700
Operating 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
-
1,499,646
Total Operating Transfers
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
17,345,248
Total Maintenance
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
12,571,432
Total Construction
Agency Org
4000000
Subtotal
44,309,975
Agency Org
420000
Engineer Grants
5000
Unclassified
2,677,235
Agency Ora
4210000 State Grants
5000 Unclassified 2,118,457
Total Expenditures 49,105,667
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
CALCULATION
Pct Admin to Total Nonreimbursed Expenditures 27%
Exhibit A -3,
2of2
DRAFT
EXHIBIT 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 Agreerment for Road Maintenance Services Page 15 of 15
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Residential Lighting: Amendment to Spokane Valley Municipal Code
(SVMC) Title 19, Section 19.40.010, General Provisions (residential zones).
GOVERNING LEGISLATION: RCW 36.70A and RCW 36.708
PREVIOUS COUNCIL ACTION TAKEN: The proposed code revisions were included in a
"batch amendment" in 2008. Staff requested this item be withdrawn from the batch
amendments due to potential conflicts with public street lighting.
BACKGROUND: The SVMC development regulations were adopted in September of 2007 and
were effective October 28 2007. Following the adoption of the code, a number of items were
discovered which were incorrect, impractical, or omitted. The SVMC contained lighting
provisions for commercial and industrial areas but lighting standards for residential areas were
inadvertently omitted. This issue was included in a "batch" amendment in 2008, however was
taken out of the batch amendment due to potential conflicts with public street lighting.
The proposed revisions were presented to the Planning Commission at a public hearing on
September 24, 2009. At the conclusion of the hearing, the Commission recommended the
changes as indicated in the attachment.
ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria
that amendments of the Spokane Valley Municipal Code must meet. Those criteria include:
1. The proposed amendment(s) are consistent with the applicable provisions of the
Comprehensive Plan.
2. The proposed amendment(s) bear a substantial relation to the public health, safety,
welfare and protection of the environment.
Staff Comment: Staff constantly reviews and takes in comments regarding Code provisions in
an effort to fix things that are incorrect, don't work as intended, were omitted in error, or remove
those provisions that our experience shows us are unnecessary.
SVMC 17.80.150(F) states that the City may approve amendments to the SVMC if it finds that:
(1) the proposed amendment is consistent with the applicable provisions of the
Comprehensive Plan; and
(2) the proposed amendment bears a substantial relation to the public health, safety,
welfare, and protection of the environment.
LUG -1 requires code provisions that "preserve and protect the character" of Spokane Valley's
residential neighborhoods. The outdoor lighting standard limits the amount of light and glare in
residential areas.
The proposed amendments to the zone meet the above outlined goals, and are thus consistent
with the Comprehensive Plan.
OPTIONS: Proceed to first reading of an Ordinance or provide staff direction regarding
modifications.
RECOMMENDED ACTION OR MOTION: Council consensus to bring this forward for an
ordinance first reading at the October 27, 2009 Council meeting.
BUDGET /FINANCIAL IMPACTS: None.
STAFF CONTACT: Christina Janssen —Assistant Planner; Greg McCormick, AICP —Planning
Division Manager
ATTACHMENTS:
Planning Commission Finding & Recommendations
Planning Commission recommended Section 19.40.010
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION
September 24, 2009
The following findings have been prepared by Staff for the Planning Commission in the
event there is concurrence with the recommended approval.
Background:
A. The Uniform Development Code was adopted in September 2007 and became
effective on October 28, 2007.
B. Following the adoption of the code a number of items were found to be incorrect,
impractical, or omitted.
C. The Planning Commission held a public hearing on September 24, 2009. The
Planning Commission approved the following amendments to the Spokane Valley
Municipal Code. Title 19:
Chapter 19.40.010 — General Provisions (residential zoning districts).
New Section:
F. The following design standards apply to all outdoor lighting in residential
zones:
1. All new development shall provide lighting within parking lots, along
pedestrian walkways and accessible routes of travel.
3 All lighting shall be shielded from producing off -site glare, either
through exterior shields or through optical design inside the fixture, and shall
not emit light above 90 degrees.
4. Street lighting installed by the City of Spokane Valley or other public
utilities is exempt from these regulations.
Findings:
SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds
that:
(1) the proposed amendment is consistent with the applicable provisions of the
Comprehensive Plan; and
(2) the proposed amendment bears a substantial relation to the public health, safety,
welfare, and protection of the environment.
LUG -1 requires code provisions that "preserve and protect the character of Spokane
Valley's residential neighborhoods. The outdoor lighting standard limits the amount of light
and glare in residential areas.
The proposed amendments to the zone meet the above outlined goals, and are therefore
consistent with the Comprehensive Plan.
Conclusions:
The proposed amendments meet the applicable provisions of the Spokane Valley
Comprehensive Plan
Recommendations:
The Spokane Valley Planning Commission therefore recommends approval to the City
Council of proposed amendments to Title 19 of the Spokane Valley Municipal Code.
Approved this day of 2009
John G. Carroll, Chair
ATTEST
Deanna Griffith, Administrative Assistant
19.40.010 General provisions.
A. No principal or accessory structure shall be located within the clearview
triangle (Chapter 22.70 SVMC).
B. In the districts where the height of buildings is restricted to 35 feet, cooling
towers, roof gables, chimneys and vent stacks may extend for an additional
height, not to exceed 40 feet, above the average grade line of the building. Water
stand pipes and tanks, church steeples, domes and spires and school buildings
and institutional buildings may be erected to exceed maximum height
requirements; provided, that one additional foot shall be added to the width and
depth of front, side and rear yards for each foot that such structures exceed the
required height.
C. No structure may be erected to a height in excess of that permitted by
applicable airport hazard zoning regulations.
D. Recreational vehicles shall not be used as permanent or temporary dwelling
units in any residential zone. Guests may park and /or occupy a recreational
vehicle while visiting the occupants of a dwelling unit located on the same lot for
not more than 30 days in one consecutive 12 -month period. The intent is to
accommodate visiting guests and not to allow the recreational vehicle to be used
as a dwelling unit.
E. The following features attached to structures are allowed as exceptions to
the setback standards:
1. Minor Projections Allowed. Minor features of a structure, such as
eaves, chimneys, fire escapes, bay windows no more than 12 feet long and
which cantilever beyond the foundation of the structure, uncovered stairways,
and uncovered decks or balconies, may extend into a required setback up to 20
percent of the depth of the setback. However, they may not be within three feet
of a lot line when a setback is required. Wheelchair ramps are allowed to project
into the setback based on SVMC Title 24, Building Codes. Attached mechanical
equipment such as heat pumps, air conditioners, emergency generators and
water pumps are allowed to project into the side or rear setback only. (Ord. 08-
026 § 4, 2008; Ord. 08 -006 § 1, 2008; Ord. 07 -015 § 4, 2007).
F. The following design standards apply to all outdoor lighting in residential
zones:
1. All new development shall provide lighting within parking lots, along
pedestrian walkways and accessible routes of travel.
2. Lighting fixtures shall be limited to heights of no more than twenty -four
feet for parking lots and no more than sixteen feet for pedestrian walkways.
3. All lighting shall be shielded from producing off -site glare, either through
exterior shields or through optical design inside the fixture, and shall not emit
light above 90 degrees.
4. Street lighting installed by the City of Spokane Valley or other public
utilities is exempt from these regulations.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE : Pandemic Response Plan
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Discussion at Study session 8/18/09 and Regular
session 9102/09. Council approved the Pandemic Plan at the regular Council meeting on
September 8, 2009.
BACKGROUND:
On September 8, 2009, the City of Spokane Valley presented its Continuity of Operations Plan
(COOP), which includes each City department plan, to ensure the delivery of essential services
in the event spread of illness disrupts normal City operations. The Plan was adopted by Council
on that date.
Council requested an addendum later to address the role of Councilmembers. As an addendum
to the plan, a draft Councilmember COOP has been prepared for review.
OPTIONS: Discussion, revisions and direction from Council.
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS: Budget impact not anticipated unless severe and extended
pandemic should occur.
STAFF CONTACT: Mike Jackson, Deputy City Manager
ATTACHMENTS Draft of Councilmember's COOP as Addendum to the Plan
Department Continuity of Operations Plan
Department or Division Name: City Council
A. Create plans & procedures that address pandemic flu assumptions.
1. Continuity of Government issues include:
a. Provide your line of succession (names and phone numbers) for essential
services.
Line of succession:
• Mayor Richard Munson - wk: 688 -0034
• Deputy Mayor Dick Denenny — wk: 924-9211
• Other Council Members as available (alphabetically):
o Rose Dempsey
• Bill Gothmann
• Ian Robertson
• Gary Schimmels
• Diana Wilhite
b. Institute delegation of authority to implement your line of succession.
Mayor Richard Munson
Deputy Mayor Dick Denenney
2. Identify any critical times of year when certain functions must be performed.
• The City Council as the Legislative body is responsible for maintaining the
health, safety, and welfare of its citizens year - round.
3. Identify any changes that your reduced level of service will have on other agencies not
only within the City of Spokane Valley government but also other local, state, or federal
programs.
Impairment of ability to effectively coordinate with neighboring jurisdictions
and other echelons of government may result during periods of pandemic
response. Lack of healthy essential personnel or means of communications
could adversely affect the City's transaction of business and delivery of
services.
4. Identify all intemal/external customers with which you regularly do business.
• City Manager, Deputy City Manager, Spokane Valley citizens,
representatives of other public and private agencies - committees, boards and
commissions- and the media.
5. Identify goods and services you receive from others.
• Work products, analysis and communications from City staff, public and
private agencies, and the media.
6. Identify a single point of contact in your department who will record and transmit
information about employee absentee rates and the ability to deliver essential
service.
• Sue Passmore; Executive Administrative Assistant
7. Identify a method of notifying employees of changing information.
• City Manager
• Deputy City Manager
8. If job functions are rotated to different employees, how will those needing services be
advised?
• By any means of communication still in operation.
B. Identify essential functions
1. Identify mission essential functions for your department.
• Community point of contact
• Passing legislation
• Authorizing City Manager to execute contracts
• Maintaining communication with surrounding public and private agencies
• Adopt City Budget
• Develop and adopt annual goals
• Whereas an emergency disaster exists that necessitates utilization of the
emergency powers granted:
• RCW 38.52 —Emergency Management
• RCW 35A.33 —Emergency Expenditures, Nondebatable
emergencies
2. Identify functions that can be suspended while staff is reassigned to more critical
roles.
N/A
C. Identify essential staff
1. Identify positions needed to carry out mission essential functions. Identify key
employees and multiple backups.
Mayor
Deputy Mayor
City Councilmembers
2. Identify staff from non - mission essential areas that can be cross trained to backfill critical
functions.
N/A
3. Identify an additional workforce, for example retired employees, to complete
mission essential functions.
N/A
D. Identify alternate facilities or service delivery
1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in
the delivery of essential services.
• Maximize use of telecommuting from home or other hygienic locations and
reliance on technological resources (VPN, email, web - interface, telephone et
al).
• With access to contact information and electronic documents, essential
service delivery can be continued from home; this will also require electronic
signatures for approval, and access to the network.
2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as
telecommuting, alternate work hours, alternate work locations, conference calls instead of
meetings.
• Revised Governance Manual to address meeting remotely
• Tele /video conferencing
• Work from home
3. Identify changes in facility needs associated with alternate work locations.
N/A
4. Determine whether critical functions could be performed through flex shifting.
N/A
5. Employ use of employee direct deposit for payroll.
• Half of the Council currently uses direct deposit.
E. Technology Questionnaire
Describe any plans to expand staffs ability to work remotely.
• Currently have access to the email and voicemail remotely.
• City Staff can provide documents electronically
2. Describe any changes to your telephone service requirements. (call conferencing, call
forwarding, additional automated messaging systems, etc.).
• May need access to high speed at alternate sites
3. Describe any other significant changes to your operations that would impact services
provided by or coordinated through IT (e.g. establishment of alternative work facilities).
Where possible, identify when changes to services would need to be in place. This is
especially important when IT needs to coordinate with outside service providers on issues
like telephone services.
• Loss of face -to -face contact with City Manager /Staff, representatives of
other public and private agencies - committees, boards and commissions -
and the media.
F. Proactive measures to put in place now:
• Confirm phone tree is current
• Test computer access off -site with the understanding of how to connect
remotely
• Encourage all Councilmember's to use direct deposit
• Review Emergency Disaster Response Book
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 City Manager Sign -off:
Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearing
® Information ® Admin. Report El Pending Legislation
AGENDA ITEM TITLE: Sprague and Appleway Corridors Subarea Plan — Updated Cost
Estimates for Road and Streetscape Improvements.
GOVERNING LEGISLATION: N /A.
PREVIOUS COUNCIL ACTION TAKEN: City Council Adopted the Subarea Plan in June,
2009 with an effective date of October 15, 2009.
BACKGROUND: This RCA and attached memorandum responds to City Council's request for
a reminder of the projected cost estimates for road and streetscape improvements called for in
the Sprague /Appleway Subarea Plan. City Council previously received a Staff memorandum on
this subject on September 16, 2008. The updated information reflects Council's decision to
keep Sprague and Appleway one -way between 1 -90 and Dishman -Mica.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: N/A
BUDGET /FINANCIAL IMPACTS: N/A
STAFF CONTACT: Scott Kuhta, Senior Planner; Neil Kersten, Public Works Director
Spokane
Valley
11707 E Sprague Ave Suite 106 # Spokane Valley WA 99206
509.921.1000 1 Fax: 509.921.1008 4 cityhattc-spokanevattey.org
Memorandum
To: City Council; Dave Mercier, City Manager; Mike Jackson, Deputy City Manager
From: Scott Kuhta, Senior Planner
CC: Kathy McClung, Community Development Director
Date: September 30, 2009
Re: Cost Estimates for Sprague and Appleway
This memorandum updates cost estimates for road and streetscape improvements called for
in the Sprague and Appleway Corridors Subarea Plan. The estimates correspond to City
Council's decision to keep the one -way system between 1 -90 and Dishman -Mica in place.
The total projected cost to convert/extend Sprague Avenue and Appleway Boulevard into a
two -way system between Dishman -Mica and Sullivan Road, as recommended in Book III of
the Sprague and Appleway Corridors Subarea Plan, is about $35.4 million. The following
table divides this all- inclusive estimate into major categories.
* Includes $600K for City Center curb enhancements.
The tables attached to this memo provide a detailed breakdown of the cost estimates per
the recommended implementation stages as presented by Troy Russ of Glatting Jackson at
the February 19, 2008, Joint City Council /Planning Commission study session. A graphic
depiction is presented for each stage, followed by a table showing projected costs.
Please direct questions to either Scott Kuhta (688 -0049) or Neil Kersten (688 - 0026).
Two -way
Conversion
Appleway
Extension
Lane
Narrowing
Sidewalks, curbs
landscaping streetsca e
Total
S ra ue
$611,000
- - --
$500,000
$7.3 million*
$8.4 million
Appleway
$654,000
$24 million
- - - -
$2.3 million
$27.0 million
Total
$1.3 million
$24 million
$500,000
$9.6 million
$35.4 million
* Includes $600K for City Center curb enhancements.
The tables attached to this memo provide a detailed breakdown of the cost estimates per
the recommended implementation stages as presented by Troy Russ of Glatting Jackson at
the February 19, 2008, Joint City Council /Planning Commission study session. A graphic
depiction is presented for each stage, followed by a table showing projected costs.
Please direct questions to either Scott Kuhta (688 -0049) or Neil Kersten (688 - 0026).
STAGE 1
TWO -WAY
INTERSECTION
CURBS, SIDEWALKS,
LANDSCAPING AND
TOTAL
s�anes. one -wny 5F {AC,U:
CONVERSION
ENHANCEMENT
MULTI -USE PATH'
$3,587,068
Sprague
$611,400
$600,000
$1,757,016
$2,968,416
Appleway
$653,687
0
$1,688,568
$2,342,255
Total
$1,265,087
$600,000
$3,445,584
$5,310,671
'Includes multi -use path along the Appleway
STAGE 2: EXTEND APPLEWAY FROM UNIVERSITY TO EVERGREEN —
REDUCE SPRAGUE FROM 7 TO 5 LANES
slnnea
twa -way
LANE NARROWING
AND RESTRIPING
-__ -_� ]lanes, two -way
TOTAL
s�anes. one -wny 5F {AC,U:
0
-._. ..-
$3,217,708
$3,587,068
-
104'/n TOWN
[ErvTFR " CENTER
0
$633,600
$12,789,537
Total
$12,155,937
$369,360
$3,851,308
$16,376,605
STAGE 2
EXTEND
APPLEWAY•
LANE NARROWING
AND RESTRIPING
CURBS, SIDEWALKS,
AND LANDSCAPING
TOTAL
Sprague
0
$369,360
$3,217,708
$3,587,068
Appleway
$12,155,937'
0
$633,600
$12,789,537
Total
$12,155,937
$369,360
$3,851,308
$16,376,605
' Includes multi -use path along Appleway
STAGE 1: TWO -WAY CONVERSION OF SPRAGUE AND APPLEWAY—
DISHMAN-MICA/ARGONNE TO UNIVERSITY
STAGE 3: COMPLETE THE SYSTEM — EXTEND APPLEWAY FROM EVERGREEN TO
TSCHIRLEY, CONVERT SPRAGUE FROM 7 TO 5 LANES BETWEEN SULLIVAN
AND EVERGREEN
STAGE 4
EXTEND
APPLEWAY*
LANE NARROWING
AND RESTRIPING
CURBS, SIDEWALKS,
AND LANDSCAPING
TOTAL
Sprague
0
$184,320
$1,699,204
$1,883,524
Appleway
$11,651,471*
0
0
$11,651,471
Total
$11,651,471
$184,320
$1,699,204
$13,534,995
* Appleway is extended to Tshirley and Includes Multi -Use Path
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 1 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Council External Committee Reports
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: City Councilmembers serve on various local and /or regional committees. The
purpose of this item is 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.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF /COUNCIL CONTACT: Councilmembers
ATTACHMENTS:
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of September 30,2009; 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
Thursday, October 8,2009: 6:00 8:00 p.m. AWC Regional Meeting, Spokane, Washington
Doubletree Spokane City Center, 322 N Spokane Falls Court
EXECUTIVE SESSION: Tuesday, Oct 13,2009; 5:00 a.m., Labor Negotiations (confirmed)
October 13, 2009, Formal Meeting Format 6:00 p.m. [due date Mon, Oct 51
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
(5 minutes)
4.
Motion Consideration: Mayoral Appointment for Planning Commission Vacancy —Mayor Munson (10 minutes)
5.
Motion Consideration: Adopt 2010 Legislative Agenda —Mayor Munson
(10 minutes)
6.
Motion Consideration: Council Position, Initiative 1033 [pro and con public comments]
(30 minutes)
7.
Motion Consideration: Pines /Mansfield Project Change Order Approval — Steve Worley
(10 minutes)
8.
Admin Report; Update CIP Leveraging - Steve Worley,
(10 minutes)
9.
Admin Report: Sprague Appleway Corridor EIS — Steve Worley
(20 minutes)
10.
Admin Report: GSI Presentation of Marketing plan for the SARP — Robin Toth
(15 minutes)
11.
Admin Report: Comp Plan Quarterly Update — Greg McCormick
(10 minutes)
12.
Admin Report CTA 05 -09 Amendment — Mike Basinger
(20 minutes)
[ *estimated meeting: 150 minutes]
October 20, 2009, Study 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)
5. Info Only: Shoreline Master Program Update Public Participation Program - Lori Barlow
[ *estimated meeting: 125 minutes]
October 27 2009, Formal Meeting 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 -01 -09
— Karen Kendall (15 minutes)
4. First Reading Proposed Ordinance; Residential Lighting — Christina Janssen
(15 minutes)
5. First Reading Proposed Ordinance CTA 05 -09 — Mike Basinger
(15 minutes)
6. Proposed Resolution Shoreline Master Program —. Lori Barlow
(15 minutes)
7. Motion Consideration: Park Maintenance Contract — Mike Stone
(5 minutes)
8. Motion Consideration: Aquatics Contract Mike- Stone.
(5 minutes)
9. Admin Report: Related Court Services Study — Morgan Koudelka; Anne Pflug,Wa Dept of Commerce (45 min)
10. Admin Report: Fall Batch Code Amendments (includes ADU & Ord 08 -006)- Tavis Schmidt (20 minutes)
11. Admin Report: Street Standards — John Hohman
(15 minutes)
12. Info Only: Department Reports [ *estimated meeting: 165 minutes]
Draft Advance Agenda 9/30/2009 4:21:31 PM Page 1 of 3
November 3 2009 Tentative No Meeting (election night)
November 10, 2009, No Meeting, Council Attends NLC, San Antonio Nov 10 -14
November 17 2009, Formal Meeting Format 6:00 a.m. [due date Mon, Nov 91
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, Residential Lighting — Christina Janssen (10 minutes)
5. Second Reading Proposed Ordinance CTA 05 -09 — Mike Basinger (10 minutes)
6. Motion Consideration: Court Services Alternative Analysis — Morgan Koudelka (30 minutes)
7. Admin Report: Lodging Tax Recommendations to Council — Ken Thompson (20 minutes)
8. Info Only: Department Reports [ *estimated meeting: 100 minutes]
November 24, 2009, No Meeting Thanksgiving Week
December 1, 2009, Study Session Format, 6:00 p.m. [due date Mon, Nov 231
Action Items•
1. Second Reading Proposed Ordinance to Amend 2009 Budget — Ken Thompson (10 minutes)
2. Motion Consideration: Allocation of Lodging Tax Funds — Ken Thompson (15 minutes)
Non - action Items:
3. Council External Committee Reports — Councilmembers [ *estimated meeting: minutes]
December 8, 2009, Formal Meeting Format, 6:00 a.m. [due date Mon, Nov 301
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 Whitehead (15 minutes)
[ *estimated meeting: minutes]
December 15, 2009, Study Session Format, 6:00 p.m. [due date Mon, Dec 71
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 External Committee Reports — Councilmembers (15 minutes)
[ *estimated meeting: 50 minutes]
December 22, 2009, No Meeting. Christmas week
December 29, 2009, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda: Payroll, Claims, Minutes
2. Info Only: Department Reports
[due date Mon, Dec 21 ]
(5 minutes)
[ *estimated meeting: minutes]
Draft Advance Agenda 9/30/2009 4:21:31 PM Page 2 of 3
January 5, 2010 Study Session Format, 6:00 p.m.
Action Items•
1. Council officer elections — Chris Bainbridge
Non - action Items:
2. Council External Committee Reports — Councilmembers
[due date Mon, Dec 28
(20 minutes)
[ *estimated meeting: minutes]
Saturday, Jan 9, 2010: Tentative Winter Retreat (Special Meeting)
CenterPlace Conference Room 9 a.m. - 3 p.m.
OTHER 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 Request Central Valley School District
Lexipol Policies — Police Dept [January 2010]
Northeast Housing Solutions City Membership #
Overweight/over size vehicle ordinance (2009)
Site Selector Review (March 2010)
Stimulus, Phase 2
Strategic Transp. Financial Plan — Dave Mercier
Street Standards (and UDC Title 24)
Transportation Benefit Dist (2009) a. Establish ord.;
Transportation Impacts
Use Agreement (Cary Driskell)
Water rights
Zoning Notice Process
(b) set public hearing; (c) draft resolution; (d) ballot language
[# = Awaiting action by others; * = doesn't allow for time for public or council comments]
Draft Advance Agenda 9/30/2009 4:21:31 PM Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 6, 2009 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
® information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Impacts of 1 -1033
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
Attached is an estimate of how 1 -1033 might affect the City of Spokane Valley. Column N reflects our
estimate of how higher revenues in the general fund could reduce future property tax levies, limiting
growth in revenue to pay for services.
These numbers are based on the noted assumptions with respect to:
1. population growth
2. growth in our general fund revenue
3. growth in our property tax levy
4. actual revenues as of 12 -31 -09
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT:
ATTACHMENTS:
ESTIMATING IMPACTS OF INITIATIVE 1033
Assumptions outlined by the Association of Washington Cities (see more on assumptions below)
Updated September 3, 2009
CY 2010
Population
IPD (March
Growth
to March)
Estimate*
(Note 1)
(Note 2)
CY 2010
urowtn in crop
1.80%
CY 2011
2.00%
CY 2012
Property Tax
1.80%
CY 2013
Property Tax
1.80%
CY 2014
Estimated*
1.70%
CY 2015
1.70%
Forecasted
GF Forecast Growth in GF
w /out 1 -1033 Revenues*
C higher growth
Gen. Fund rev.
Estimated
Actual GF
Revenues w /out
Limit
NOTES (1) IPD estimates for CY 2009 -CY 2011 are from the June 2009 Washington State Economic and revenue Forecast. 1
(2) Population growth estimates provided are based on OFM's forecasted population increases for cities in urban coui
(3) General fund revenues and revenue growth should reflect current forecasts without 1 -1033
(4) Growth should reflect anticipated councilmanic increases plus increases due to new construction /improvements, a
(5) CY 2010 revenue calculated as:(CY 2009 GF REV X GF forecasted growth) + CY 2009 GF REV; CY 2011 and su
growth) + CY 2010 GF REV; For simplicity the same forecasted growth rate is assumed with or without passage of 1 -1
(6) CY 2010 revenue limit calculated as: CY 2009 GF REV X (1+ 2009 % Change Pop) X (1+ 2009 % Change IPD); C
2010 % Change IPD)
(7) Lower City Property Taxes Account is applied to previous year's full levy, reflecting any limit factor increase (plus n
Reflects the amount of the levy set for collection in following year
OFM GENERAL
ASSUMPTIONS
urowtn in crop
Tax w /out
"Lower City
Levy w /out
Property Tax
"Lower City
Account"
Property Tax
Transfer
Account"
Estimated*
Transfer*
(Note 41
C higher growth
Gen. Fund rev.
Estimated
Actual GF
Revenues w /out
Limit
NOTES (1) IPD estimates for CY 2009 -CY 2011 are from the June 2009 Washington State Economic and revenue Forecast. 1
(2) Population growth estimates provided are based on OFM's forecasted population increases for cities in urban coui
(3) General fund revenues and revenue growth should reflect current forecasts without 1 -1033
(4) Growth should reflect anticipated councilmanic increases plus increases due to new construction /improvements, a
(5) CY 2010 revenue calculated as:(CY 2009 GF REV X GF forecasted growth) + CY 2009 GF REV; CY 2011 and su
growth) + CY 2010 GF REV; For simplicity the same forecasted growth rate is assumed with or without passage of 1 -1
(6) CY 2010 revenue limit calculated as: CY 2009 GF REV X (1+ 2009 % Change Pop) X (1+ 2009 % Change IPD); C
2010 % Change IPD)
(7) Lower City Property Taxes Account is applied to previous year's full levy, reflecting any limit factor increase (plus n
Reflects the amount of the levy set for collection in following year
OFM GENERAL
ASSUMPTIONS
CY 2010 revenue limit calculated as: CY 2009 GF REV X (1+2009 % Change Pop) X (1+2009 % Change IPD)
CY 2010 GF revenues exceeding CY 2010 revenue limit are transferred into "Lower City Property Tax Account'
First transfer to the "Lower City Property Tax Account" takes place in CY 2011
First property tax levy to be reduced is levy set in CY 2011 for CY 2012 collection
General fund revenues defined as taxes, fees and other governmental charges. Revenues coded for the general fund
Federal and state direct and indirect grants
State shared taxes or revenues
Charges for contracted services performed
Charges for enterprise activities or charges that are not governmental in nature
Inter -fund and inter - department charges
Interest and investment earnings
AWC Using the assumptions outlined in Office of Financial Management's fiscal impact statement, in addition to some of oc
ADDITIONAL building this spreadsheet, AWC worked with a group of finance directors to interpret the language in 1 -1033 and test tt
INFORAMTION
Cities should note that neither OFM nor AWC is a regulatory agency, and this impact model outlines assumptions for
model is intended to provide cities with an idea of the magnitude of change under the initiative, rather than a specific c
Once your city has estimated the impacts of 1 -1033, please forward this spreadsheet to Alicia Seegers Martinelli, aliciE
Inflation estimates for CYs 2012 -15 are from the June 2009 HIS Global Insight forecast (OFM)
nties; cities should replace with own estimates
mnexation, electric generation wind turbine facilities and state - assessed property
bsequent years calculated as ((CY 2010 GF REV - transfer to Lower City Property Tax Account) X % GF forecasted
1033.
:Y 2011 and subsequent years limit calculated as: CY 2010 GF REV - transfer X (1 + 2010 % Change Pop) X (1 +
iew construction /improvements, annexation, electric generation wind turbine facilities and state - assessed property).
Lesser of GF
Revenue Limit
% Increase in
Property Tax After
(J) or GF
Gen Fund Limit
Amount
Transfer to
"Lower City
Gen Fund
Actuals
or Actual
Over /Under
"Lower City
Property Tax
Revenue w/ Limit
growing at rate
Revenues
Revenue Limit
Property Taxes
Account" Transfer
(Note 6)
in column F (1)
(Column K)
(I-J)
Account"
( Note 7)
33,300,000
33,300,000
10,500,000
33,633,833
33,633,833
1.00%
248,918
0
10,799,500
34,410,438
34,410,438
2.31%
144,989
248,918
10,766,573
35,274,140
35,274,140
2.51%
55,522
144,989
11,090,811
36,088,620
36,088,620
2.31%
34,710
55,522
11,404,994
36,921,906
36,921,906
2.31%
13,418
34,710
11,655,016
37,737,326
37,737,326
2.21%
28,740
13,418
11,910,103
Inflation estimates for CYs 2012 -15 are from the June 2009 HIS Global Insight forecast (OFM)
nties; cities should replace with own estimates
mnexation, electric generation wind turbine facilities and state - assessed property
bsequent years calculated as ((CY 2010 GF REV - transfer to Lower City Property Tax Account) X % GF forecasted
1033.
:Y 2011 and subsequent years limit calculated as: CY 2010 GF REV - transfer X (1 + 2010 % Change Pop) X (1 +
iew construction /improvements, annexation, electric generation wind turbine facilities and state - assessed property).
i in the BARS chart of account included, excluding the following categories:
jr own, AWC has developed this spreadsheet that cities can use to estimate their individual jurisdiction's impacts. In
he model.
estimating fiscal impacts only. It does not serve as an implementation guide should the initiative pass. The impact
Jollar amount.
am @awcnet.org, to be included on our website.