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2009, 12-01 Study Session AG�NDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT 6:00 p.m. Tuesday, December 1, 2009 CITY I3ALL COiJNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the MeeHng) DISCUSSION LEADER SUBJECT/AC'TIVITY GOAL Oath of Office: The Oath of Office will be administered to newly elected Councilmember Dean GraFos by Councilmember Rose Dempsey ACTION ITEMS: l. Morgan Koudelka Second Reading Proposed Ordinance 09-034 Adopt Ordinance Cable Franchise [public comment] 2. Tavis Schmidt First Reading Proposed Ordinance 09-036 Advance to 2" Reading Code Amendments �public comment] 3. Ken Thompson First Reading Proposed Ordinance 09-037 Advance to 2" Reading Amending 2009 Budget [public comment] 4. John Whitehead Proposed Resolution 09-017 Employee Approve Resolution Wellness [public camment] 5. John Whitehead Collective Bargaining Agreement Motion Consideration [public comment] 6. Steve Worley Authorize Change Order F'ines/Sprague Motion Consideration Intersection [public comment] 7. Dave Mercier Lobbyist Contract [public comment] Motion Consideration NON-ACTION ITEMS: 8. Kathy McClung Development Forum Discussion/Information 9. Karen Kendall Comp Plan/L.egislative Zone Change with Discussion/Information Development Agreement 10. Ken Thompson Lodging Tax Recommendations Discussion/[nformation 1 1. Neil Kersten Poe Contract Renewal DiscussionMformation 12. Neil Kersten AAA Sweeping Contract ;[2enewal Discussion/Information 13. Mike Stone Park Policies Discussion/Information 14. Mike Jackson Website Contract Discussion/Information Agenda, Study Session Format, December I, 2009 Page 1 of2 15. Councilmembers Council Extemal Committee Reports Discussion/Information 16. Mayor Munson Advance Agenda Discussion/Information 17. Injormation Only (will not be discussed or reported): (a) Geiger Work Crew Conlract (e) CenterPlace Food Services Contract (b) Public Defense Interlocal Agreement (� Soils TestingAccess Agreemenl (c)JAG In[erlocal Agreement (y� Department Reports (d) Ordinance �o Amend SVMC 17.100.030 18. Mayor Munson Council Check in Discussion/Information 19. Dave Mercier City Manager Comments Discussion/Information ADJOURN 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, [he Council reserves [he righ[ to take "ac[ion" on any i[em listed or subsequen[ly added to [he agenda. The term "actiod' means to deliberate, discuss, review, consider, evaluate, or make a collec[ive positive or nega[ive decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing or other � impairments, please contact the Ciry Clerk at (509) 921-1000 az soon as possible so that arrangements may be made. Agenda, SNdy Session Forma4 ��ember 1, 2009 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Second Reading, Proposed Ordinance 09-034, Cable Franchise GOVERNING LEGISLATION: Federal Cable Act of 1984 PREVIOUS COUNCIL ACTION TAKEN: Resolution 04-015 regarding cable franchise renewal proceedings and continuation of existing franchise agreement; Update to Council June 9, 2009 BACKGROUND: Cable franchises and the franchise renewal process are regulated by the federal government. The Cable Act of 1984 allows for both a formal and informal renewal process. The City has completed the ascertainment phase and needs assessment of the formal process and has completed negotiations with Comcast regarding the terms of the franchise agreement. The attached draft franchise agreement is the result of negotiations between both parties. There is one change from the agreement included with the previous presentation on August 3, 2009. The requirement for Comcast to submit annual audited financial statements was removed. Instead, Comcast will provide $10,000 for each five-year period to cover the cost of the City conducting a financial audit of Comcast. Council held a first reading of the ordinance November 17, 2009. OPTIONS: Approve the ordinance with or without modifications since the first reading. RECOMMENDED ACTION OR MOTION: Move to Approve Ordinance 09-034, Comcast Franchise Agreement BUDGET/FINANCIAL IMPACTS: 5% franchise fees ($950K in 2009 for general fund use), Reimbursement for capital expenses related to public, educational, and governmental programming, $.35/subscriber/month equai to approximately $100K per year, $150,000 up-front contribution. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS Draft Cable Franchise Agreement with Comcast Comcut — Washington Mazket Co m ca sto Spokane Office 1717 E. Buckeye Ave. Spokane, WA99207 October 30, 2009 Mr. David Mercier City Manager City of Spokane Va11ey 11707 E Sprague Ave, Suite 106 Spokane Valley, WA 99206 Deaz Mr. Mercier: The purpose of this letter agreement is to set forth a commitment between Comcast of Pennsylvania/Washington/West Virginia, LP (hereinafter, "ComcasY') and the CiTy of Spokane Valley (hereinafter, "the City") that is in addition to the Franchise Agreement, to be adopted by Ordinance (hereinafter, "the Franchise"). This item has been negotiated in good faith and agreed to as part of the informal franchise renewal process pursuant to 47 U.S.C. 546(h), and specifically relates to a unique community need that exist in the City. Comcast agrees to provide the City two (2) $10,000 unrestricted grants, totaling $20,000 over the life of the franchise term. The first grant will be remitted to the City within ninety (90) days of ComcasYs acceptance of the Franchise. The second grant will be remitted to the City within ninety (90) days of the fifth year anniversary date of the Franchise term, if Comcast accepts the full continuation of the ten (10) year term. Comcast reserves the right to pass-through the grants to Subscribers, in addition to the PEG Fee specified in the Franchise, at Comcast's sole discretion in any manner consistent with applicable law. The terms and conditions of this letter agreement aze binding upon the City and Comcast and their successors and assigns. Comcast stipulates that a payment failure of these terms by Comcast may be considered by the City as a violation of the Franchise. Acknowledged and agreed to this _ day of , 2009. Comcast of Pennsylvania/Washington/West Virginia, LP By: Its: Date: City of Spokane Valley By: Its: Date: DRAFT Final A¢reed Upon Prouosed Franchise -- Date: 10/9/2009 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 09-034 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF PENNSYLVANIA/WASHINGTON/WEST VIRGINIA, LP, TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITTES WITHIN THE PUBLIC RIGHTS-OF-WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non-exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appuRenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non-exclusive franchises requires the approving vote of at least a majority of the entire City Council and publication at least once in a newspaper of general circulation in the City; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public; and WHEREAS, in accordance with Section 626 of the Cable Communications Policy Act of 1984, Grantee has requested renewal of its Cable Communications Franchise Agreement, and after negotiations with Grantee, the City has determined that it is in the best interest oP the City and its residents to renew the Franchise Agreement with Grantee; a�d WHEREAS, the City has, following required and reasonable notice, conducted a full public hearing, affording all persons concerned with the analysis and consideration of the technical ability, financial condition, legal qualifications and general character of the Grantee; and WHEREAS, the City, after such consideration, analysis and deliberation, has approved and found sufficient the technical ability, financial condition, legal qualification and character of the Grantee; and WHEREAS, the City has also considered and analyzed the plans of the Grantee for the continued operation of a Cable System and found the same to be adequate and feasible in view of the needs and requirements of [he City; and WHEREAS, the CiYy has determined that it is in the best interests of and consistent with the health, safety and welfare of the citizens of the Ciry to renew the Franchise Agreement to the Grantee to operate a Cable System within the confines of the City and on the terms and conditions hereinafter set forth; and WHEREAS, the Grantee has agreed to be bound by the conditions hereinafter set forth. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, does ordain as follows: Ordinance 09-34 Comcast Cable Franchise Page 1 of 27 DRAFT Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning sct forth below: "Basic Cable Service" shall mean any Service Tier which includes the lawful retransmission of bcal television broadcast signals and any public, educational, and governmental access programming required by this Franchise Agreement to be carried on the basic tier. "Cable AcY' means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and any amendments thereto. "Cable Advisory Board" shall mean a City or regional Cable Advisory Board as established by ordinance or interlocal agreement. "Cable Service" or `'Service' shall mean (A) the one-way transmission to Subscribers of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber in[eraction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. "Cable System" or "System" shall mean a Facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term shall not include: (1) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (2) a facility that serves only Subscribers without using any Public Right of Way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. § 201 et seq, except that such faciliry shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with 47 U.S.C. § 573; or (5) any facilities of any electric utility used solely for operating its electric utility system. For the purpose of this Franchise, Cable System shall mean the Grantee's cable Facilities servicing the City. "Channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of a television Channel, as television Channel is defined by the FCC. "Ciry" means the City of Spokane Valley, a Washington municipal corporation. "Ciry Manager" means the City Manager or designee. "ComplainP' shall mean a Subscriber contact with the Grantee to express a grievance or dissatisfaction conceming Cable Service. Complaints do not include matters not within the scope of Ordinance 09-34 Comcast Cable Franchise Page 2 of 27 DRAFT this Franchise Agreement. A Complaint may be verbal or in writing but need not include initial contacts where an issue is promptly resolved to the Subscriber's satisfaction. "Construction" or "ConstrucY' shall mean digging, excavating, laying, extending, upgrading, removing, and replacing of Facility. "FCC" shall mean the Federal Communications Commission or any legally appointed or designated agent or successor. "Facility" or "Facilities" means all of the plant, equipment, fixtures, appurtenances, and other related property necessary to furnish and deliver cable television services, including but not limited to wires, cables, conductors, ducts, wnduits, vaulu, manholes, pedestals, amplifiers, appliances, and attachments, necessary or incidental [o the distribution and use of cable television services. "Franchise" shall mean the nonexclusive right and authority to Construct, Maintain, and operate a Cable System through use of Public Rights of Way in the City pursuant to a contractual agreement approved by the City Council and executed by the City and the Grantee. "Franchise Area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "Grantee" shall mean Comcast of Pennsylvania/Washington/West Virginia, LP, including any lawful successor, transferee, or assignee of the original Grantee. "Gross Revenues" means all revenue derived directly or indirectly by the Grantee, or by Grantee's Affiliates, from the operation of Grantee's Cable System to provide Cable Services in the Franchise Area. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for Cable Services including Basic Service and all other Tiers of Cable Service; Pay-Per- View Service; Cable Service installation, disconnection, change-in-service and reconnection fees, Leased Access Channel fees, late fees, payments received by the Grantee from programmers for carriage of Cable Services on the Cable System and recognized as revenue under generally accepted accounting principles ("GAAP"), revenues from rentals of Cable System equipment such as converters; advertising revenues (including bcal, regional, and a pro rata share of national adveRising carried on the Cable System in the Franchise Area) net of commissions due to advertising agencies that arrange for the advertising buy and as recognized as revenue under GAAP; additional outlet fees, Franchise Fees, and revenues from home shopping Channels. Gross Revenues shall not include (i) Bad Debt, provided, however, that all or part of any such Bad Debt that is �vritten off but subsequently collec[ed shall be included in Gross Revenues in the period collected; (ii) any Capital Contribution referenced in subsections 13.8; (iii) any payments by the City to Grantee for I-Net maintenance or expansion; or (iv) any taxes on services furnished by the Grantee which are imposed directly on any Subscriber or user by the State, City or other govemmental uni[ and which are collected by the Grantee on behalf of said govemmental unit. The Franchise Fees are not such a tax and are therefore included in Gross Revenues. "Lockout Device" shall mean an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain Channel, or certain Channels provided by way of the Cable System. "Maintenance or Maintain" shall mean repair, restoration, replacement, renovation and testing of the Cable System or components thereof so as to ensure that it operates in a safe and reliable manner and as required by this Franchise. Ordinance 0934 Comcas[ Cable Franchise Page 3 of 27 DRAFT "Non-commercial" shall mean, in the context of PEG Channels, that products and services are not sold via the PEG Chaonel. The term will not be interpreted to prohibit an PEG Channel operator or programmer from independently (i.e. not in the context of any televised programming) soliciting and receiving financial support to produce and transmit Video Programming on an PEG Channel, or from acknowledging a contribution, in the manner of the corporation for public broadcasting. A PEG Channel operator or programmer may cablecast informational programming regarding City events, projects and attractions of interest to residents so long as the format for such programming is consistent with the purposes for which PEG resources may be used. "Normal Business Hours" shall mean those hours during which mos[ similar businesses in City are open to serve customers. In all cases, "Normal Business Hours" must include some evening hours, at least one (1) night per week and/or some weekend hours. "Normal Operating Conditions" shall mean those Service conditions which are within the control of Grantee. Those conditions which are not within the control of a Grantee include, but aze not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and Maintenance or upgrade of the Cable System. "PEG" shall mean any Channel set aside for public use, educational use, governmental use without a Channel usage charge. "Persod' shall mean an individual or legal entity, such as a corporation or partnership. "Premium Service" shall mean pay television offered on a per Channel or per program basis. "Public Property" shall mean any real estate or any facility owned by the City. "Public Works Director' shall mean the Spokane Valley Public Works Director or his/her designee. "Right-of-Way" shall mean all propeRy, and the space above and below, in which the Ciry has any , form of ownership, title, or interes[, including easements and adjacent utility strips, which is held for public roadway or dedicated for compatible utility purposes, regardless of whether or not any roadway or utility exists thereon or whether it is used, improved or maintained for public use. "Service Interruption" shall mean the loss of picture or sound on one (1) or more Cable Channels. "Service Tier" shall mean a specific set of Cable Services which are made available as, and only as, a group for purchase by Subscribers at a separate rate for the group. "Standard Installation" shall mean those that are located up to one hundred twenty-five (125) feet from the existing distribution System. Grantee shall comply with applicable FCC regulations regarding commercial installations as may now or hereafrer arise. "Subscriber" shall mean any Person who lawfully receives Cable Service via the System. "Video Programming" shall mean programming provided by, or generally considered comparable to programming provided by, a television broadcast station. Ordinance 09-34 Comcast Cable Franchise Page 4 of 27 DRAFT Section 2. Grant of Franchise. The City hereby grants unto the Grantee, a nonexclusive Franchise au[horizing the Grantee to Construct, Maintain and operate a Cable System in the Right-of-Way such Facilities and other retated property or equipment as may be necessary or appurtenant for the deployment of Cable Services over the Cable System in the City pursuant to this Franchise and according to the Cable Act. The terni of this Franchise and all its rights, privileges, obligations and restrictions shall be ten (10) years from the effective date. However, upon the fifth year anniversary date of the Franchise term, the Grantee has the option to provide written notice to the City opting out of the remaining five (5) years given a change in federal or State law which negatively impacts the City's ability to regulate this Franchise. To exercise the option, the Grantee shall give [he City such written notice at leas[ six (6) months prior to [he fifth year anniversary date of the Franchise term. Section 3. Non-Exclusivitv. The grant of authority for use of the City's Rights-of-Way is not exclusive and does not establish priority for use over other franchise holders, permit holders and the City's own use of Public Property. Nothing in this Franchise agreement shall affect the right of the City to grant to any other Person a similar franchise or right to occupy and use the Rights-of-Way or any part thereof. Section 4. Fee. l. From and after the effective date of this Franchise Agreement and throughout the full tenn of this Franchise Agreement, the Grantee shall pay to the City five percent (5%) of its annual Gross Revenues in the City, pursuant to 47 U.S.C. § 542. Payment shall be due no later than 30 days from the end of each calendar quarter after which interest shall accrue at the rate of 1% per month. In the event all or a portion of the franchise fee has not been paid within 60 days of the end of each calendar quarter, a penalty in the amount of 10% of the delinquent amount shall be added to the outstanding amount. All franchise fees and in[erest and penalties shall constitute a debt of the City and may be collected by any means aliowed under the law. 2. No accep[ance by the City of any payment from Grantee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Franchise Agreement. All amoimts paid shall be subject to auditing and recomputation by the City. 3. Grantee acknowledges and agrees that the franchise fees payable by Grantee to City pursuant to this Franchise Agreement as well as capital support provided by Grantee for PEG equipment and facilities are authorized under the Federal Cable Act and shall not be deemed to be in the nature of a federal, state or local tax. 4. Franchise Fees Subject to Audit. Upon reasonable prior written notice, during Normal Business Hours, at the Grantee's principal business office in the Ciry, the City shall have the right to inspect the Grantee's financial records used to calculate the City's franchise fees. The City shall provide to the Grantee a final report setting forth the City's findings in detail, including any and all substantiating documentation. In the event of an alleged underpayment, the Grantee shall have thirty (30) days from the receipt of the report to provide the City with a written response agreeing to or refuting the results of the audit, including any substantiating documentation. Grantee shall review and the City shall be entitled to review Grantee's historical financial records used ro calculate the City's franchise fees consistent with the curzently applicable state stawte of limitations. 5. Failure to comply with this section, except alleged underpayments under subsection 4, shall constitute a material breach of the Franchise Agreement pursuant to Section 40. Ordinance 09-34 Comcast Cable Franchise Page 5 of 27 DRAFT Section 5. Competitive Equitv. l. The City reserves the right to grant one (1) or more additional franchises. The City shall amend this franchise, as requested by the Grantee, if it grants additional Cable Service franchises or similar multiple channels of Video Programming authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions herein. A word for word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent taking into account any difference in the number of subscribers served, the number of PEG channels and aggregate support provided, the level of fees and taxes imposed, the term of the franchise, and all other circumstances affecting the relative burdens. 2. Notwithstanding any provision to the contrary, at any time prior to the commencement of the Grantee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non- wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then the Grantee shall have a right to request Franchise amendments that relieve the Grantee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the Grantee shall file a petition seeking to amend the franchise. Such petition sha1L (1) indicate the presence of such wireline competitor; and (2) identify all material terms or conditions which are substantially more favorable or less burdensome to the competitive entity. The City shall act o� the petition within 120 days. 3. In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify the Grantee. Section 6. Previous Ri¢hts Abandoned. This Franchise Agreement is in lieu of any and all other contractual rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by Grantee or any successor pertaining to the Construction, operation, modification or Maintenance of a Cable System in the City. The acceptance of this Franchise Agreement shall operate as between Grantee and the City as an abandonment of any and all such contractual rights, privileges, powers, immunities, and authorities within the City. All Construction, operation, modification, and Maintenance by the Grantee of any Cable System in the City to provide Cable Service shall be under this Franchise agreement and not under any other contractual right, privilege, power, immunity, or authority. Section 7. Time ls Of The Essence To This Agreement. Whenever this Franchise Agreement shall set forth any time for an act to be perforrned by or on behalf of the Grantee, such time shall be deemed of [he essence. Any failure of the Grantee to perform within the time allotted shall always be sufficient grounds for the City to invoke any appropriate remedy, including, without limitation, termination ofthis Franchise Agreement. Section 8. Taxes. As is consistent with applicable law, nothing contained in this Franchise Agreement shall be construed to except the Grantee from any applicable tax, liability or assessment authorized by law. Section 9. Cable System Specifications. l. Prior to the effective date of this Franchise Agreement, the Grantee completed a voluntary upgrade of its Cable System. Concurrently, the Grantee modified its Cable System to a hybrid fiber coaxial, fiber-to-the-node System architecture, with fibervoptic cable deployed from the headend to the node and coaeial cable deployed from the node to Subscribers' homes. Active and passive devices aze capable of passing a minimum of 750 MHz and capable of delivering high-quality analog or digital video signals meeting, or exceeding FCC technical quality standards. Cable System nodes are designed for Ordinance 09-34 Comcast Cable Franchise Page 6 of 27 DRAFT future segmentation as necessary to maximize shared bandwidth. During the term of this Franchise Agreement, the Grantee agrees to Maintain [he Cable System in a manner consistent with these specifications or better. 2. The Grantee shall comply with all applicable technical standards of the FCC as published in subpart K of 47 C.F.R. § 76. To the extent those standards are altered, modified, or amended during the term of this Franchise Agreement, the Grantee shall comply with such altered, modified or amended standards within a reasonable period after such standards become effective. The City shall have, upon written request, the right to review tests and records required to be performed pursuant to the FCC's rules. 3. In accordance with applicable law, the City shall have the right to regulate and inspect the Construction, operation and Maintenance of the Cable System in the public Rights-of-Way. Upon reasonable prior written notice and in the presence of the Grantee's employee, the City may review the - Cable System's technical performance as necessary to monitor the Grantee's compliance with the provisions of this Franchise Agreement. All equipment testing under a technical performance review shall be conducted by the Grantee. Section 10. Cable Service. 1. Subject to the density considerations Iisted below, except in areas reserved for public travel or utility access not yet opened and accepted by the City as public Righ[-of-Way that the Grantee is specifically and lawfully prohibited from deploying its Cable System by the owneddeveloper, the Grantee shall provide Cable Service throughout the entire City. Areas subsequently annexed shall be provided with Cable Service within twelve (12) months of the time of annexation. 2. Access to Cable Service shall not be denied to any group of potential cable subscribers because of the income of the potential cable subscribers or the area in which such group resides. All residents requesting Cable Service and living within a Standard Installation of one hundred twenty-five (125) feet shall have the cable installed at no more than the prevailing published installation rate. In the event a request is made for Cable Service and the residence is more than a Standard Installation of one hundred twenty-five (125) feet, such installation shall be completed on a time and material cost basis for that portion of the service line extending beyond one hundred twenty-five (125) feet. 3. Upon request through the designated City representative, the Grantee shall provide, without charge and throughout the term of this Franchise Agreement, one (1) outlet, one (1) Converter, if necessary, and Basic Cable Service and expanded Basic Cable Service (i.e. together the equivalent of sixty (60) Channels of programming) or the future analog or digital equivalent of such Service Tiers offered by Grantee to the City's administrative buildings as designated by the City, fire station(s), police station(s), libraries and state accredited K-12 public and private school(s). a. If the drop line to such building exceeds a Standard Installation drop one hundred twenty-five (125) feet, the Grantee will accommodate the drop up to three hundred (300) feet if the City or other agency provides the necessary attachment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided the City or other agency agrees to pay the incremental cost of such drop in excess of one hundred twenty-five (125) feet or the necessary distribution line extension of the Cable System, including the cost of such excess labor and materials. The recipient of the Service will secure any necessary right of entry. b. The Cable Service will not be used for commercial purposes, and the outlets will not be located in areas open to the public excepting one (1) outlet to be located in a public lobby of any government building that will be used by the public for viewing public, governmental, or educational access Channels. The City will take reasonable precautions to prevent any use of the Ordinance 09-34 Comcast Cable Franchise Page 7 of 27 DRAFT Grantee's Cable System in any manner that results in inappropriate use, loss or damage to the Cable System. Grantee hereby reserves all rights i[ may have under the law to seek payment from Ciry for liability or claims arising out of the provision and use of the Cable Service required by this section. c. If additional outlets of Cable Service are provided to such buildings, the building occupant will pay the usual Installation fees, if any. 4. Grantee shall e�tend the System to any portion of the Ciry after the date of the Franchise Agreement, when d�vellings can be served by extension of the System pas[ dwellings equivalent to a � density of seven (7) dwellings per one-quarter (1/4) mile of cable contiguous [o the System. Gran[ee may petition the City for a waiver of this requirement, such waiver to be granted for good cause shown. Such extension shall be at Grantee's cosL In areas not meeting the requirements of seven (7) or more dwellings per one-quarter (1/4) mile, for manda[ory extension of Service, Grantee shall provide, upon the request of any potential subscribers desiring Service, an estimate of the costs required to extend Service to such Subscribers. Grantee shall then extend Service upon request and upon payment of an amount equal to the reasonable value of actual time and materials to be incurred by Grantee for such extension. Any customer drop not exceeding a Standard Installation drop of one hundred twenry-five (125) feet will be free of charge to the customer other than normal installation fees. For drops in excess of one hundred twenty- five (125) feet, Grantee may assess an amount equal to time and materials. Section 11. Pro�rammina. I. All final programming decisions remain the discretion of Grantee in accordance with this Franchise Agreement, provided that Grantee notifies City and Subscribers in writing thirty (30) days prior to any Channel additions, deletions, or realignments, and further subject to Grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531-536, and fuRher subject to CiTy's rights pursuant to 47 U.S.C. § 545. 2. Grantee will provide at least the following initial broad categories of programming to the extent such categories are reasonably available: a. Educational programming; b. News, weather and information; c. Sports; d. General entertainment including movies; e. Children, family oriented; £ Arts, culture and performing arts; g. Foreign language programming; and h. Science/documentary. 3. The Grantee shall offer to all Subscribers a diversity of Vide� Programming services and it will not eliminate any broad categories of programming without first obtaining the written approval of the City, such approval not to be unreasonably withheld. 4. Grantee shall notify in writing the City of its intent to eliminate any broad cate�ory of programming noted in ll.2. The City, or its designee, shall make a determina[ion on such request no[ later than sixty (60) days after receipt of the request by Grantee. In the even[ that the City makes an adverse determination, such determination shall be in writing, along with a concise statement of the reasons therefore. In the event the City fails to make a determination within sixty (60) days after receipt of a request from Grantee, Grantee shall have the right to make the deletion contained in its written request. Ordinance 0934 Comcast Cable Franchise Page 8 of 27 DRAFT Section 12 Rates. l. Throughout the term of this Franchise Agreement and upon request by the City, the Grantee shall provide an updated rate card to the City that details applicable ra[es and charges for Cable Services provided under this Franchise Agreement. This does not require the Grantee to file rates and charges under [emporary reductions or waivers of rates and charges in conjunction with promotional campaigns. 2. Grantee shall provide a minimum of thirty (30) days' written notice to the City and each Subscriber before changing any rates and charges. 3. City may regulate rates for the provision of Cable Service provided over the System in accordance with applicable federal law, in particular 47 C.F.R. Part 76 subpart N. In the event the City chooses to regulate ra[es it shall, in accordance with 47 C.F.R. § 76.910, obtain certification from the FCC, if applicable. The City shall follow all applicable FCC rate regulations and shall ensure that appropriate personnel are in place to administer such regulations. City reserves the right to regulate rates for any future Cable Services to the maYimum exten[ allowed by law. Section 13. PEG and Local Programmina. ]. Commencing on the effective date of this Franchise Agreement, Grantee shall make available one (1) full-time Non-commercial multi jurisdictional PEG Channel (the "Govemment ChanneP') for future activation andjoint use by the City, the City of Spokane and/or Spokane County for govemmental access programming. The City shall provide Grantee with a minimum of forty-five (45) days prior written notice of an initial meeting to develop an implementation plan for activation of the Government Chan�el. 2. Grantee has historically delivered all PEG Channels available on its Cable System to its customers in the City whether or not such Channels were directly controlled by the City. Commencing on the effective date of this Franchise, and throughout the term of this Franchise, Grantee shall deliver those PEG Channels with whom the City has contracted for service, up to a maximum of six (6) Channels. Grantee shall continue to deliver those PEG Channels so long as [he City's contracts are valid and the PEG Channels have content to distribute. The City shall provide copies of all PEG Channel contracts, and contract renewals, to Grantee within thirty (30) days of execution. 3. The City acknowledges that Grantee provides additional benefits to PEG programming needs beyond the requirement listed above. This is accomplished through the inclusion of other regional PEG programming within the regional Channel line-up that services the Franchise Area. The Grantee will endeavor to provide the Subscribers in the Franchise Area with the other regional PEG Channels so long as the PEG programmers o13�er them for use on the Cable System. 4. All PEG Channels provided to Subscribers under this Franchise shall be included by Grantee subject to applicable law. For all PEG Channels not under Grantee's control, Grantee shall insure that there is no material degradation in the signal that is received by Grantee for distribution by Grantee over the Cable System. 5. The City shall be responsible for all programming requirements for the Government Channel, including but not limited to scheduling, playback, training, staffing, copyright clearances, and equipment, maintenance and repair, unless responsibility for administering the Government Channel has been designated to a third party, which shall then become responsible for all programming requirements under this section. 6. The Grantee shall provide the PEG Channels as paR of the Cable Service provided to any Subscriber, at no additional charge. Tf Channels are selected through a menu system, the PEG Channels Ordinance 09-34 Comcast Cable Franchise Page 9 of 27 nRnFT shall be displayed as prominendy as commercial programming choices offered by Grantee. Comcast will use reasonable efforts to minimize the movement of City-designated PEG Channel assignments and maintain common Channel assignments for compatible PEG programming. 7. At such time as the Grantee converts its Basic Cable Service Tier from an analog to a digital format, the City's PEG Channels will be carried on the digital platform and Grantee shall install, at its sole cost, such headend equipmen[ to accommodate such Channels. Such PEG Channels shall be accessed by Subscribers through use of standard digital equipment compatible with Grantee's Cable System. 8. Within ninety (90) days of Grantee's acceptance of the Franchise, Grantee will remit to the City as a capital contribution in support of PEG capital requirements: (1) one hundred fifty thousand dollars ($I50,000) and (2) an amount equal to thirty five cents ($0.35) per Subscriber per month to be paid [o [he City on a quarterly basis for the life of the Franchise. Grantee will recoup the initial one hwidred fifty thousand dollars ($150,000) in an amount equal to twenty five cents ($025) per Subscriber per month until the amount is recovered in full. To be clear, during the recovery period, the Grantee will remit to the City an amount equal to ten cents ($0.10) per Subscriber per month until the recovery of the initial PEG capital contribution is completed. After completion of the initial PEG capital contribution recovery, the Grantee will remit the entire thirty five cents ($035) per Subscriber per month to the Ciry until the fifth year of the Franchise. Upon the fifth year anniversary date of the Franchise term, if the Grantee accepts the full continuation of the ten (10) year term, the Grantee will remit to the City, within ninety (90) days of the anniversary date, another upfront PEG capital contribution payment of one hundred fifty thousand dollars ($15Q000), which will be recovered, recouped, and remitted to the City in the same manner as the initial PEG capital contribution payment. The City shall allocate all amounts under this subsection to PEG capital uses exclusively. Grantee shall not be responsible for paying the PEG capital contribution with respect to gratis or bad debt accounts. Consistent with 47 C.F.R. § 76.922, Grantee may, in its sole discretion, add the cost of the PEG capital contribution to the price of Cable Services and to collect the PEG capital contribution from Subscribers. In addition, consistent with 47 C.F.R. § 76.985, all amounts paid as the PEG capital contribution may be separately stated on Subscribers' bills as a Ciry of Spokane Valley PEG capital contribution. Upon Grantee's written request and due as agreed upon by both parties, the City shall provide the Grantee with documentation showing expenditures for PEG capital use of the previous fiscal years' PEG capital contribution and showing the budgeted use of the current year's PEG funding. In the event the City cannot demonstrate that PEG capital funding was used or budgeted for PEG capital needs, Grantee's PEG funding obligations going forward shall be reduced by an equivalent amount. 9. Within ninety (90) days of request, the Grantee shall provide an estimate of costs associated with the construction and activation of one return path capable of transmitting Video Programming to enable the distribution ofthe City's specific government access programming to Subscribers on the multi- jurisdictional PEG Channel. The return line shall run from a location to be determined by the City to the Grantee's Facilities. Within rivo hundred seventy (270) days of the City's directive, the Grantee shall Construct and activate a return line in accordance with the cost estimate previously provided. The Ciry agrees to pay the costs of the retum line within sixty (60) days of Construction / activation and receipt of an invoice from the Grantee. Section 14. Institutional Network Connections. Upon request of the City, the Grantee shall investigate and provide the City a plan with a cost estimate based on either a managed network or the most cost efficient connection utilizing current technology to accommodate the City's reasonable broadband capacity needs for a non-commercial connection between the City's facilities. For the purposes of this section, non-commercial means private network communications from and among the Ordinance 09-34 Comcas[ Cable Franchise Page 10 of 27 DRAFT City and other public agencies and excludes leasing or reselling the broadband capacity to a third party for any purpose. After receiving a request from the City, Grantee shall provide the City a plan, including an estimate of the Construction costs, within ninety (90) days. The cost estimate shall include the fully allocated Construction cost from the nearest Grantee identified fiber access location to the requested site(s), including, but not limited to, site construction, fiber, labor, materials and Grantee provided equipment. The City shall pay all of Grantee's design engineering costs associated with development of the requested plan and cost estimate(s), if the City does not accepted the plan for Construction. To approve the Grantee to perfortn the work, the City shall provide the Grantee with written authorization [o complete the connectivity Construction and a purchase order in the amount of [he cost estimate. Any connectivity Construction shall be performed and completed within six (6) months after the City authorizes the work be performed, unless the parties agree in writing to a different completion date prior to commencement of the work in order to accommodate special considerations of the City. Section 15. Parental Control. l. Grantee shall provide Subscriber controlled Lockout Devices (audio and visual) at a reasonable charge to Subscribers upon their request. 2. As to any program which is transmitted on a Channel offered on a per Channel or per program basis, Grantee shall block entirely the audio and video poRion of such program from reception by any Subscriber who so requests. Scrambling of the signal shall not be sufficient to comply with this provision. Section 16. Recovery of Costs. Grantee shall reimburse the Ciry for all costs of one publication of this Franchise in a local newspaper, and required legal notices prior to any public hearing regarding this Franchise, con[emporaneous with its acceptance of this Franchise. Section 17. Least Interference. The City shall have prior and superior right to the use of its Rights-of-Way for installation and maintenance of its facilities and other governmental purposes. Work by Grantee in the Right-of-Way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residen[s. The owners of all facilities, public or private, installed in or on such public properties prior to the installation of the Facilities of the Grantee, shall have preference as to the positioning and location of such utilities with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing [he grade of any such Right-of-Way. Disputes between the Grantee and other parties over the use, pursuant to this Franchise agreement, of the Rights-of-Way shall be submitted to the City for recommended resolution. This Franchise shall, in no way, prevent or prohibit the City from using any of its Rights-of-Way, or affect its jurisdiction over them or any part of them. The City hereby retains its full police power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same, including the dedication, establishmen[, maintenance, and improvement of all new Rights-of-Way. Section 18. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Section 19. Restoration After Construction. If in connection with the Construction, operation, Maintenance, upgrade, repair or replacement of the Cable System, the Grantee disturbs, alters, or damages any public or private property, the Grantee agees that it shall at its own cost and expense pay for any damage and replace and restore any such property to a condition reasonably comparable to the condition existing Ordinance 09-34 Comcast Cable Franchise Page I 1 of 27 DRAFT immediately prior to the disturbance. Whenever Grantee disturbs or damages any Right-of-Way or other Public Property, Grantee shall complete the restoration work within a reasonable time as authorized by the City's Public Works Director. 5ection 20. Obstruction Permits Required. Grantee shall apply for and obtain appropriate obstruction permits from the City pursuant to the Spokane Valley Municipal Code. Grantee shall pay all generally applicable permit fees for the requisite City permits and reimburse the City for all generally applicable fees incurted by the City in [he examination, inspection, and approval of Grantee's work: Section 21. Emereency Response. The Grantee shall maintain with the City an emergency response number providing an emergency 24-hour response for the City to use in case of an emergency. After being notified of an emergency, Grantee shall cooperate with the City and make every effort to immediately respond with action to aid the protection the health and safety of the public. Section 22. Hazardous Substances. Grantee shall comply with all applicable state and federal laws concerning hazardous substances relating to Grantee's Facilities in the Right—of-Way. Section 23. Environmental. Grantee shall comply with all applicable state and federal laws concerning euvironmental protection relating to Grantee's Facilities in the Right�f-Way. Section 24. Movement and Relocation of Facilities. The following shall apply when it is necessary to relocate Grantee's Facilities: 1. Relocation of Facilities at the request of a third party. a. [f any removal, replacement, modification or disconnection of the Cable System is required to accommodate the construction, operation or repair of the facilities or equipment of another City cable franchise holder(s), Grantee shall, after at least thirty (30) days advance written notice, take action to effect the necessary changes requested by the responsible entity, as long as the other cable franchise holder(s) pay for the Grantee's time and material costs associated with the project and Grantee is issued a permit for such work by the City. b. The Grantee shall, upon reasonable prior written request of any Subscriber, relocate its aerial distribution cable Facilities underground, as long as the Subscriber pays for the Grantee's time and material costs associated with the project and Grantee is issued a permit for such work by the City. c. In the event an underground conversion of cable Facilities is required as part of [he street improvement condition(s) of a new land use development, not associated with a City designated capital improvement project, this Franchise shall in no way limit the Grantee's right to bill and collect in advance all time and material costs associated with the underground conversion of the Cable System from the Person responsible for the land use development project. d. At the request of any Person holding a valid permit and upon reasonable advance notice and payment by the permit holder of Grantee's expenses of such temporary change, Grantee shall temporarily raise, lower or remove its Facilities as necessary to accommodate a permittee of the City. Ordinance 09-34 Comcut Cable Franchise Page 12 of 27 DRAFT 2. Relocation at Request of the City. a. Upon at least sixty (60) days prior written notice to Grantee, the City shall have the right to require Grantee to relocate any part of the Cable System within the Rights-of-Way when the safety, health or welfare of the public requires such change, and the expense thereof shall be paid by Grantee. The City may, at its option, provide more than sixty (60) days notice. After receipt . of such notice, Grantee shall complete relocation of its Facilities at least five (5) days prior to commencement of the project or an agreed upon date by both parties. Should Grantee fail to remove or relocate any such Facilities by the date established by the City, the City may effect such removal or relocation, and the expense thereof shall be paid by Grantee, including all costs and expenses incurred by the City due to Grantee's delay. If the City requires Grantee to relocate its Facilities located within the Rights-of-Way, the City shall make a reasonable effort to provide Grantee with an altemate location within the Right-of-Way. If public funds are available to any Person using such Rights-of-Way for the purpose of defraying the cost of any of the foregoing, the Grantee may make application for such funds. b. In the case of relocation projects where the City hires and designates an independent contractor to accommodate and coordinate conversion of overhead utilities within a City capital improvement project, then the Grantee shall participate in thejoint trenching portion ofthe project, and Grantee shall pay to the Grantee's portion of the traffic control and trench costs, including excavation and other associated costs, trench bedding, and backfill commensurate with Grantee's proportionate share of trench usage. However, if bids from the City or it's designated contractor for placement of Grantee's conduits and vaults/pedestals in the suppliedjoint trench, in the reasonable estimation of the Grantee are not acceptable, the Grantee shall have the option to utilize contractor(s) of its choice to complete the required work, so long as use by Grantee of its contractor(s) does not delay the City project. The City or it's designated contractor shall coordinate with the Grantee's contractor(s) to provide reasonable notice and time to complete the placement of the Grantee's Facilities in the supplied joint trench. c. Nothing in this Franchise shall prevent the City from constructing any public work or capital improvement. Further, the City shall have the right to require Grantee to relocate, remove, replace, modify or disconnect Grantee's Facilities and equipment located in the Rights-of-Way or on any other property of the City in the event of an emergency or when necessary to protect or further the health, safety or welfare of the general publiq and such work shall be performed at Grantee's expense. Following notice by the City, Grantee shall relocate, remove, replace, modify or disconnect any of its Facilities or equipment within any Right-of-Way, or on any other property of the City. d. If the Grantee fails to complete the above work within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may cause such work to be done and bill the reasonable cost of the work to the Grantee, including all reasonable costs and expenses incurred by the City due to Grantee's delay. In such event, the City shall not be liable for any damage to any portion of Grantee's Cable System. Grantee shall pay the City within ninety (90) days of receipt of an itemized list of those costs. The City shall give consideration to any circumstances outside the Grantee's control preventing Grantee's completion of work. Section 25. Tree TrimminQ. The Grantee shall have the authority to conduct pruning and trimming for access to Cable System Facilities in the Rights-of-Way subject to compliance with the City Code. All such trimming shall be done at the Grantee's sole cost and expense. The Grantee shall be responsible for any damage caused by such trimming. Ordinance 09-34 Comcast Cable Franchise Page 13 of 27 DRAFT Section 26. Vacation. The City may vacate any City road, Right-of-Way or other City property which is subject to rights granted by this Franchise, but the Grantee shall be provided notice of such vacation proceedings and the oppoRunity to secure future use rights as allowed under the City's Municipal Code. Sec6on 27. Abandonment of Grantee's Facilities. No Facility Constructed or owned by Grantee may be abandoned without the express written consent of the City. Section 28. Maps, Books, and Records. 1. Grantee shall provide to the City upon request: a. A route map that depicts the general location of the Cable System Facilities placed in the Rights- of-Way. The route map shall identify Cable System Facilities as aerial or underground and is not required to depict cable types, number of cables, electronic equipment, and service lines to individual Subscribers. The Grantee shall also provide, if requested, an electronic fortnat of the aerial/underground Facilities in relation to the Right-of-Way centerline reference to allow the City to add [his information to the Ciry's GIS program; and b. A copy of all FCC filings which relate to the operation of the Cable System in the Franchise Area. 2. To the extent such requests are limited to specific Facilities at a given bcation within the Franchise area in connection with the construction of any City project, Grantee shall cooperate with the City , upon the City's reasonable request, to field locate its Facilities in order to facilitate design and planning of City improvement projects. 3. The City has the right to inspect books and records of Grantee, which are reasonably necessary to monitor the Grantee's compliance with the provision of Cable Services under this Franchise Agreement. Within receipt of written notice from the City to inspect the Grantee's books and records under this section, the Grantee shall within five (5) business days or a mutually agreeable date and time, accommodate the City's reques[ at the Grantee's business office in the City, during Normal Business Hours, and without unreasonably interfering with the Grantee's business operations. All such documents pertaining to financial matters shall be preserved and maintained in accordance with Grantee's standard record reCention policy except for financial records which are governed by Section 4.4. 4. The City has the right to request a copy of the books and records that are not identified as proprietary or confidentiaL For purposes of this section, the terms "proprietary or confidential" include, but are not limited to, infortnation relating to the Cable System design, customer lists, marke[ing plans, financial information unrelated to the calwlation of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Grantee to be competitively sensitive. a. The City shall have a right to inspect but the Grantee shall not be required to release information that it reasonably deems to be proprietary or confidential in nature provided that this shall not prevent the release of such proprietary or confidential documents for purposes of any enforcement proceeding where appropriate legal steps are available to address Grantee's concerns regarding confidentiality. The City agrees not to oppose any of the Grantee's requests for confidentiality. In the event the Grantee asserts that certain information is proprietary or confidential in nature, the Grantee shall identify generally the information which it deems proprietary and confidential and the reasons for its confidentiality in writing to the City. Each page of such information provided will be clearly marked as "proprietary and confidential." The City agrees to treat any information disclosed by the Grantee as confidential and only to disclose Ordinance 09-34 Comcast Cable Franchise Page 14 of 27 DRAFT it to those employees, representatives, and agents of the City that have a need to know in order to enforce this Franchise Agreement and who agree to maintain the confidentiality of all such information. The Grantee shall not be required to provide customer information in violation of Section 631 of the Cable Act or any other applicable federal or state privacy law. b. Grantee acknowledges [hat information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in RCW 42.56. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "proprietary and confidentiaP' prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non-disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an oppoRunity to file a legai action under RCW 42.56.540. Section 29. Reports. l. File for Public Inspection. Throughout the term of this Franchise Agreement, the Grantee shall maintain at its business office, in a file available for public inspection during Normal Business Hours, those documents required pursuant to the FCC's rules and regulations. 2. Complaint File and Reports. Grantee will keep an accurate and comprehensive file of all Complaints regarding the System and Grantee's actions in response to those Complaints in a manner consistent with the privacy rights of Subscribers. Upon thirty (30) days written request, Grantee will provide a report to the City that contains total number and summary of all Complaints received by category, length oftime taken to resolve and action taken to provide resolution. 3. Annual Report. No later than March 31 s[ of each year, if requested by the City, Grantee shall file a written report with the Ciry, which shall include: a. a summary of the previous calendar year's activities in development of this System, including but not limited to Services begun or dropped, number of Subscribers (including gains and losses), homes passed, and miles of cable distribution plant in service (including different classes if applicable); b. a Gross Revenue statement for the preceding fiscal year and all deductions and computations for the period, and such statement shall be reviewed by a certified public accountant, who may also be the chief financial officer or controller of Grantee; c. a current statement of cost of any Construction by component category; d. a summary of Complaints, identifying the number and nature of Complaints and their disposition; e. if a Grantee is a corporation, a list of officers and members of the board and the officers and board members of any parent corporation; f. a list of all partners or stockholders holding one percent or more ownership interest in a Grantee and any parent corporation; provided, however, that when any parent corporation has in excess of one thousand shareholders and its shares are publicly traded on a national stock exchange, then a list of the twenry largest stockholders of the voting stock of such corporation shall be disclosed; Ordinance 09-34 Comcast Cable Franchise Page 15 of 27 DRAFT g. a copy of all of a Grantee's written rules and regulations applicable to Subscribers and users of the Cable System; h. any additional information related to operation of the Cable System as reasonably requested by the City. 4. Customer Service Reports. Grantee shall maintain a quarterly compliance report specific to the System in the Franchise Area and shall provide such report to [he City at the request of the City. Such report shall demonstrate Grantee's compliance with the customer service standards set forth herein. 5. Grantee shall, upon request of the City, make available to the Public Works Director a description of Construction plans for the following twelve months. 6. Grantee shall, upon request of the City, make available a copy of the final report on each proof of performance test of each [echnical parameter defined in Part 76 of the Rules and Regulations of the FCC. Section 30. Customer Service Standards 1. The Grantee shall comply in all respects with the customer service standards contained herein. 2. Grantee shall comply at all times with all applicable federal, state and local laws and repulations regarding discrimination, as adopted or amended. 3. [n providing Service, Grantee shall maintain a convenient local customer service location in either the City of Spokane or the City for receiving Subscriber payments, handling billing questions, equipment replacement and dispensing customer service information. Also, the Grantee will endeavor to accommodate a bill payment location in the City as long as there is an acceptable 3` party vendor available to support the service in accordance with the Grantee's business practices. 4. When similar Complaints have been made by a number of Subscribers, or where other evidence exists which, in the reasonable judgment of the City, casts doubt on the reliabiliry or quality of the Cable Service, the City, notwithstanding any other provisions of this Franchise Agreement, shall have the right and authority to require that Grantee test, analyze and report on the performance of the System relative to applicable technical standards of the FCC. Upon 30-day prior written notice from the City, the Grantee shall fully cooperate with the City in performing such testing and shall prepare a written report of the results, if requested. 5. Grantee shall satisfy the consumer protection and service standards as outlined below during the term of this Franchise Agreement. a. Cable System office hours and telephone availability: i. Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its Subscribers twenry-four hours a day, seven days a week. 1. Trained Grantee representatives will be available to respond to customer telephone inquiries during Nortnal Business Hours. 2. After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries Ordinance 09-34 Comcast Cable Franchise Page 16 of 27 DRAFT received after Nortnal Business Hours must be responded to by a trained Grantee representative on the next business day. ii. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty seconds. These standards shall be met no less then ninery percent of the time under Normal Operating Conditions, measured on a quarterly basis. iii. Grantee shall possess equipment to measure compliance with the telephone answering standards above. iv. Under Normal Opera[ing Conditions, the customer will receive a busy signal less than three percent of the time. v. Customer service center and bill payment locations will be open at least during Normal Business Hours. b. Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent of the time measured on a quarterly basis: i. Standard Installations will be performed within seven business days after an order has been placed. 1. The "appointment window" alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four- hour time block during Normal Business Hours. (Grantee may schedule service calls and other installation activities outside of Nortnal Business Hours for the express convenience of the customer.) 2. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. 3. If Grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, [he Grantee shall use its best efforts to contact the customer prior to the time of the scheduled appointment. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. 4. Under Normal Operating Conditions, if Grantee cannot perform installations within the times specified in applicable customer standards, the Grantee shall offer the Subscriber a credit equal to the charge for a Standard Installation or other compensation of equai or greater value. For non-Standard Installation, Grantee shall attempt to contact a Subscriber requesting an estimate of charges within seven business days of receiving the request by the Subscriber. This subsection does not apply to the introduction of new products and services when Grantee is utilizing a phased introduction. ii. Excluding conditions beyond the control of Grantee, Grantee will begin working on "Service Interruptions" promptly and in no event later than twenty-four hours after the Ordinance 09-34 Comcast Cable Franchise Page 17 of 27 DRAFT interruption becomes known. Grantee must begin actions to correct other Service problems the next business day after notification of the Service problem. Grantee shall resolve all Service Interruptions to the extent reasonably possible within forty-eight hours under Nornial Operating Conditions. L In those cases where Service is not restored within twenty-four hours due to unusual circumstances, the reasons for the delay shall be fully documented in an outage log. 2. Under Normal Operating Conditions, if after twenty-four hours Service is not restored to a Subscriber, Grantee shall, upon a Subscriber's request, provide a refiand or credit or other compensation of equal or greater value. 3. As Subscribers are connected or reconnected to the System, Grantee shall, by appropriate means such as a card or brochure, furnish general Subscriber information (including, but not limi[ed to, terms of Service and procedures for making inquiries or Complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or Complaints are to be addressed) and fumish information concerning the City office responsible for the adminisffation of the Franchise Agreement, including the address and telephone number of said office. a Communications between Grantee and Subscribers. i. Notifications to Subscribers. l. Grantee shall provide written information on each of the following areas at the time of installation of Service, a[ least annually to all Subscribers, and at any time upon request to Subscriber or the City: a. Products and Services offered. b. Prices and options for programming services and conditions of subscription to programming and other services. c. Installation and Service Maintenance policies. d. Instructions on how to use the Cable Service. e. Channel positions of the programming carried on the System; and f. Billing and Complaint procedures, including the address and telephone number of the City. ii. Rate/Programming Changes. 1. Subscribers will be notified of any changes in rates, programming services or Channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty days in advance of such changes if the changes are within the control of the Grantee. In addition, the Grantee shall notify Subscribers thirty days in advance of any significant changes in the other Ordinance 09-34 Comcast Cable Franchise Page 18 of 27 DRAFT information required by this section. Grantee shall not be required to provide prior notice of any rate changes as a result of a regulatory fee, franchise fee or other fees, ta�, assessment or charge of any kind imposed by any federal agency, state or City on the transaction between the Grantee and the Subscriber. 2. The City recognizes that the Grantee voluntazily provides a qualified discount program for senior and disabled customers. The Grantee commits that it will continue the program over the term of the Franchise. The Grantee will notify the City and customers regarding changes to the existing qualified discount program consistent with the above notification requirements. 3. All programming decisions remain the discretion of Grantee in accordance with this Franchise Agreement, provided that Grantee notifies City and Subscribers in writing thirty days prior to any Channel additions, deletions or realignments directed to each Subscriber individually through mailed notice or as an insert or addendum to the Subscriber's monthly bill, email or other means reasonably calculated to give the Subscriber and the City advanced notice, and further subject to Grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further subject to City's rights pursuant to 47 U.S.C. § 545. Location and relocation of the PEG Channels shall be governed by this Franchise Agreement, and further to the programming category requirements contained within this Franchise Agreement. iii. Billing. 1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and Premium Service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 2. Billing Complaints shall be responded to promptly, but in no event later than within seven days of receipt. iv. Refunds. Refund checks will be issued promptly, but no later than either: 1. the Subscriber's next billing cycle following resolution of the request or thirty days, whichever is earlier, or 2. the retum of the equipment supplied by Grantee if Service is terminated. v. Credits. Credits for Service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. vi. Subscriber Charges. A list of Grantee's current Subscriber rates and charges for Cable Service shall be maintained on file with City and shall be available for public inspection. 6. The Grantee shall comply with all applicable federal and state privacy laws, including Section 631 of the Cable Act and regulations adopted pursuant thereto. Ordinance 09-34 Comcast Cable Franchise Page 19 of 27 DRAFT Section 31. Cable Adviso Board. City reserves the right to maintain a Cable Advisory Board over the term of this Franchise Agreement for advisory purposes only. The Grantee agrees to cooperate with reasonable requests for information, through the designated City representative, to support the Cable Advisory Board. Section 32. Citv Ordinances and Regulations. Grantee, through this Franchise, is granted the right to operate its Cable System using the Rights-of-Way wi[hin the Franchise Area. Such use must be in compliance with generally applicable Municipal Code and Regulations. In the event of a conflict beriveen the Municipal Code and Regulations and this Franchise, this Franchise shall control subject to the limitation of the City's exeroise of the police powers set forth below. Subject to federal and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to any ordinance, regulation, resolution or other enactment of the City, except within the lawful exercise of the City's police power. Grantee has the right to challenge any City ordinance or regulation that conflic[s with its rights under this Franchise. Grantee acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to protect the health, safety and welfare of the public, and Grantee agrees to comply with all applicable laws and ordinances enacted by the Ciry pursuant to such power so long as the same do not unduly discriminate against Grantee. Section 33. Franchise A¢reement and Modification. This Franchise Agreement is a contract between the City and the Grantee, negotiated in good faith and binding upon both paRies. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties. Section 34. Indemnification. The Grantee shall, at its sole cost and expense, indemnify and hold harmless the City, its officials, boards, commissions, agents and employees agains[ any and all third party claims, suits, causes of action, proceedings, and judgments for injury, loss, or damage arising out of the Construction, reconstruc[ion, use, operation, ownership and Maintenance of the Cable System under this Franchise Agreement, except that no such requirement shall apply where such claims, suits, causes of actions, proceedings, and judgments for damage are occasioned by the active negligence, gross negligence or intentional acts of the City or its officials, boards, commissions, agents and employees while acting on behalf of the City. These damages shall include, but not be limited to, claims made against the City by the Franchisee's employees from which the Franchisee would otherwise be immune under Title 51 RCW, penalties arising out of copyright infringements and damages arising out of any failure by the Grantee to sewre consents from the owners, authorized distributors or licensees of programs to be delivered by the Grantee's Cable System whether or not any act or omission complained of is authorized, allowed, or prohibited by this Franchise Agreement. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as costs and attorneys' fees, and shall also include the reasonable value of any services rendered by the Ciry Attorney, Assistant City Attomeys or any outside consultants employed by the City. Grantee shall not be required to provide indemnification to City for programming cablecast over the Access Channel administered by City. The City shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this section, but failure to give notice is not a defense to the indemnification obligations except to the extent of actual prejudice. In the event any such claim arises, the City or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, through services of competent counsel satisfactory to the City, settle or compromise any claims arising thereunder. If the City determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the City. Ordinance 09-34 Comcast Cable Franchise Page 20 of 27 DRAFT Section 35. ]nsurance. l. Upon the granting of this Franchise Agreement and following simultaneously with the filing of the acceptance of this Franchise Agreement and at all times during the term of this Franchise Agreement, the Grantee shall obtain, pay all premiums for, and deliver to the City, written evidence of payment of premiums for and a ceRificate of insurance, naming the City as an additional insured, with a company licensed to do business in the State of Washington with a rating by A.M. Best and Co. of not less than "A" or equivalent, for the following: a. A comprehensive commercial or general liability insurance policy or policies, issued by an insurance carrier licensed to do business in the State of Washington. Said policy or policies shall pay on behalf of and defend the City, its officials, boards, commissions, agents or employees from any and all claims by any,Person whatsoever (including the costs, defense costs, attorneys' fees and interest arising therefrom) on account of personal injury, bodily injury or death of a Person or Persons or damages to property occasioned by the operations of the Grantee under this Franchise Agreement, or alleged to have been so caused or occurred, with a minimum combined single limit of One Million and No/]00 Dollars ($1,000,000) per occunence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. b. A comprehensive automobile liability insurance policy or policies, issued by an insurance carrier licensed to do business in the State of Washington. Said policy or policies shall pay on behalf of and defend the CiTy, its officials, boards, commissions, agents or employees from any and all claims by any Person whatsoever (including the costs, defense costs, attorneys' fees and interest arising therefrom) for bodily injury and property damage occasioned by any vehicle operation of the Grantee, or alleged to have been so caused or occurred, with a minimum liability of One Million and No/100 Dollazs ($ I,000,000) per Person and Five Million and No/] 00 Dollars ($5,000,000) in any one (1) accident or occurrence. 2. Not less than thirty (30) days prior to its expiration, Grantee shall deliver to City, a substitute, renewal or replacement policy or bond conforming to the provisions of this Franchise Agreement. Section 36. Performance Bond. 1. Within sixty (60) days of the effective date of this Franchise, Grantee will provide a performance bond to the City, in the total sum of $250,000.00 which will remain in effect for the term of this Franchise. The performance bond is to ensure the faithful performance of Grantee's obligations under [he Franchise including the payment by the Grantee of any penalties, claims, liens, fees, or taxes due the City which arise by reason of the operation, Maintenance, or Construction of the Cable System within the Franchise Area. 2. If the Franchise is terrninated, or upon expiration or renewal, or transfer of the Franchise, the City will re[urn the original bond or sign the necessary documentation to release the bond promptly if Grantee does not owe funds to the City or is not in default of a material provision of the Franchise. Section 37. Remedies to Enforce Compliance. L This section does not apply to revocation of the Franchise Agreement. Whenever the City seeks to enforce the Franchise Agreement, it shall first provide written notice to the Grantee of the nature of the problem and requested action, together with any applicable time frame for response. Any time limits here or elsewhere in the Franchise Agreement may be modified by written stipulation of the City and Grantee, except time limits relating to revocation of this Franchise Agreement or where otherwise required by law must be approved by the City Council. Ordinance 09-34 Comcast Cable Franchise Page 21 of 27 DRAFT 2. Except in case of urgency or public need relating to management of the public Right-of-Way as reasonably determined by the City, the Grantee has thir[y (30) days from receipt of such notice to respond in writing to the City official sending the notice: a. contesting it; or b. accepting it and agreeing to cure as requested within time limits specified; or c. requestiog additional time or other modificatio�s. In such eve�t, Grantee shall promptly take all reasonable steps to cure the default, keeping the City informed as to the steps to be taken and a projected completion date. 3. If the City is not satisfied wi[h the Grantee's response, both parties shall meet informally to discuss the matter. [f these discussions do not lead to resolution of the problem, the Ciry shall notify the Grantee in writing. Grantee may thereafter request a hearing thereafrer as provided in this Franchise. 4. No provision of this Franchise affects the right of either party to seek judicial relief from a violation of any provision of this Franchise, or any regulation or directive under this Franchise. The existence of other remedies under this Franchise does not limit the right of either party to recover monetary damages, or to seek judicial enforcement of obligations by specific performance, injunctive relief or mandate, or any other remedy at law or in equity. Section 38. Liquidated Dama�es. l. Because Grantee's failure to comply with the provisions of this Franchise Agreement will result in damage to the City and because it will be impractical to determine the actual amount of such damages, the City and Grantee hereby agree upon and specify certain amounts set forth hereafter in this section which represent both parties' best estimate of the damages. Penalties associated with franchise fee non-payments are not subject to this section. 2. The City shall specify any damages subject to this section and shall include such information in the notice sent to Grantee required under Section 37. Such a notice may provide for damages sustained prior to the notice where so provided, and subsequent [hereto pending compliance by Grantee. 3. To the extent that the City elects to assess liquidated damages as provided in this section and such liquidated damages have been paid, the parties agree that this shall be the City s sole and exclusive damage remedy in.lieu of actual damages; provided, that this shall not limit the right of the City to seek equitable or other relief as reserved in Section 39. 4. Unless otherwise provided, liquidated damages do not accrue af[er the timely filing of a request for hearing by Grantee unti] the time of a decision from the hearing. Nothing in this section prevents the parties from settling any dispute relating to liquidated damages by mutual stipulation. 5. Grantee may cure the breach or violation within the time specified to petition for review to the City's satisfaction, whereupon no liquidated damages are assessed. 6. After fulfilling the procedure required under Section 37, Grantee has thirty (30) days to pay such amounts, or Grantee may seek review of any assessment of liquidated damages under Section 39. Liquidated damages shall be immediately payable from the performance bond, if review is not sought or if not paid within the thirty (30) day period by the Grantee. Ordinance 09-34 Comcut Cable Pranchise Page 22 of 27 DRAFT 7. Schedule of Liquida[ed Damages. Liquidated damages are set as follows. All amounts accrue per day but not beyond the number of days to exceed the amount of $ I 0,000 per twelve (12) month period unless specifically provided. Nothing requires the City to assess liquidated damages, acting in its sole discretion, but such event does not operate as waiver or estoppel upon the City. 8. Pursuant to the requirements outlined herein, liquidated damages shall not exceed the following amounts: a. five-hundred dollars ($500.00) per day for failure to provide cable service as promised in Section 9of this Franchise Agreement; one-hundred dollars ($]00.00) per day for material departure from the FCC technical performance standards; fifty dollars ($50.00) per day for failure to provide the PEG Channel or any PEG Fee related thereto which is required hereunder; one- hundred dollars ($100.00) per day for each material violation of the Customer Service Standards; twenty five dollars ($25.00) per day for failure to provide repoRs or notices as required by this Franchise; and one hundred dollars ($100.00) per dap for any material breaches or defaults not enumerated herein. b. Where Grantee has three (3) or more of the same violation or breach events (an "evenP' may involve multiple customers, but is discrete in time or circumstances) within any twelve (12) month period, all applicable damages amounts are doubled. Section 39. Hearin¢s. Grantee may request a hearing as follows: l. Grantee files a written request within fourteen (14) days of receipt of a decision it wants reviewed with the City Managec The request does not stay the effect of the decision or obligation to comply or exercise of any remedy available to the City except as otherwise provided. The City Manager may conduct the hearing or appoint an alternate hearings officer, who shall not be the Person issuing the order or such Person's subordinate. For matters exceeding $25,000 rea sonably estimated value in controversy as determined by the Cit�� Manager, the Grantee may file a request that the City Hearings Examiner conduct the hearing. A reasonable filing fee may be set by the Hearings Examiner or generally applicable ordinances. 2. The hearing may be informal and shall be conducted within twenty (20) days, with at least ten (10) days prior notice to both sides. The official conducting the hearing is responsible to keep a record of any materials submitted and shal] record the hearing by video or audio tape, for matters exceeding $25,000 reasonable estimated value amount in controversy. A written decision shall be issued within ten (10) days. Either party may appeal the decision to a couR of competent jurisdiction within thirty (30) days. 3. Except where otherwise provided, at the conclusion of the City hearings process, if Grantee remains in default, it shall wrrect said default in fifteen (15) days or as otherwise ordered by the City. In the event the Grantee does not cure within such time to the City's reasonable satisfaction, the City may: a. seek specific performance of any provision that reasonably lends itself to such remedy as an alternative to damages, or seek other equitable relief, and/or b. assess liquidated damages resulting from Grantee's default if not already done or await the conclusion of the judicial process. 4. Where Grantee seeks judicial review and ultimately prevails, any moneyjudgment against the City shall be paid or may thereafter be offset by Grantee, in Grantee's discretion, against fur[her franchise Ordinance 09-34 Comcast Cable Franchise Page 23 of 27 DRAFT fee payments due to the City. In such event, Grantee shall notify the City at least sixty (60) days prior to apply the offset. 5. Nothing herein limits the City's right to seek to revoke this Franchise Agreement in accordance with Section 40. Section 40. Revocation l. The City may revoke this Franchise Agreement and rescind all rights and privileges associated with this Franchise Agreement in Yhe following circumstances: a. Grantee abandons the Cable System, fails to cure a non-payment of a quarterly franchise fee within 30 days of the required payment date, or tertninates the Cable System's operations; or b. Grantee has a pattern of failing to perform the material obligations listed under Section 38.8 of this Franchise Agreement; or c. Grantee attempts to evade any material provision of this Franchise Agreement or practices any fraud or deceit upon the City or Subscribers. 2. Prior to revocation of the Franchise Agreement, the City shall give written notice to the Grantee of its intent to revoke the Franchise Agreement, setting forth the exact nature of the noncompliance. The Grantee shall have thirty (30) days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the Ciry has not received a timely and satisfactory response from the Grantee, it may then seek a revocation of the Franchise Agreement by the City Council in accordance with this section. 3. The Grantee may file a revocation hearings request within 14 days of the City's written notice of intent to revoke the franchise with the City Hearings Examinec A reasonable filing fee may be required pursuant to generally applicable ordinances. Any revocation hearing under this subsection shall be consistent with Spokane Valley Municipal Code 17.90, except as specifically set forth below. This shall provide the Grantee a fair opportunity for full participation, including the right to be represented by legal counsel, and to introduce evidence. Within 20 days ofthe hearing, the Hearing Examiner shall issue a recommendation to the City Council. At the next available City Council meeting with notice provided to the Grantee, the City Council shall review the City Hearing Examiner's record and recommendation, allowing the Grantee an opportunity to state its position on the matter reserving the right to set reasonable time limits. Within sixty (60) days after the review, the City Council shall determine whether to revoke the Franchise Agreement; or if the breach at issue is capable of being cured by the Grantee, direct the Grantee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the City Council determines are reasonable under the circumstances. The City Council shall issue a written decision and shall transmit a copy of the decision to the Grantee. Any appeal of the decision by the City Council shall be to Spokane County Superior Court within thirty (30) days of adoption of the decision. Upon timely appeal, the effect of the revocation is stayed pending final judicial resolution, but this shall not affect accrual of penalties or the right of the City to take any other enforcement action, including curing the default at Grantee's expense and liability, also subject to judicial review. The parties shall be entitled to such relief as the court may deem appropriate. 4. The Council may in its sole discretion take any lawful action that it deems appropriate to enforce the City's rights under the Franchise Agreement in lieu of revocation. Ordinance 09-34 Comcast Cable Franchise Page 24 of 27 DRAFT Section 41. Conditions of Sale. If a renewal of this Franchise Agreement is denied or the Franchise Agreement is lawfully terminated, and the City lawfully acquires ownership of the Cable System or by its actions lawfully effects a transfer of ownership of the Cable System to another Person, any such acquisition or transfer shall be at a price determined pursuant to the provisions of the Cable Act. Section 42. Transfer of Ri�hts. This Franchise may not be assigned or transferred without the written approval of the City pursuant to the provisions of the Cable Act. However, Grantee can assign or transfer this Franchise without approval of but upon notice to the City to any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise and for transfers in trust obtained to finance Construction or operations of a Cable System by pledging the System as collateral.. Section 43. Acceptance. Not later than sixty days after passage and publication of this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the sixty days period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 44. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with, the provisions of this Franchise agreement due to acts of God or impossibility of performance as recognized in the common law ofthe State of Washington, to the extent and for such period as such conditions persist. For purposes of enforcemen[, conditions outside of Normal Operating Conditions are a basis to excuse Grantee's performance, but only to the extent and for such period as such wnditions persist. Condi[ions outside Normal Operating Conditions may also excuse other Franchise obligations where they effectively render performance infeasible or impossible, to the extent and for such period as such conditions persist, but this does not apply as to conditions within the Grantee's reasonable control. Section 45. Severabilitv. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provision of the Franchise are held to be invalid by a court of competent jurisdiction, the Franchise may be modified upon agreement by both parties. Section 46. Renewal. Any renewal of this Franchise Agreement shall be governed by and comply with the provisions of the Cable Act (47 U.S.C. § 546), as amended. Section 47. Notice. Any notice or information required or perrnitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 1 U07 E. Sprague, Suite 106 Spokane Valley, WA 99206 Grantee: Comcast of Pennsylvania/Washington/West Virginia LP Attn: Ken Watts, General Manager 1717 East Buckeye Avenue Spokane, Washingron 99207 Ordinance 09-34 Comcast Cable Franchise Page 25 of 27 DRAFT With a copy to: Comcast of Washington N, Inc. 15815 25th Avenue Lynnwood, WA 98087 Attention: Franchising Department Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regardiitg this Franchise shall occur, if in the state courts, in the Spokane CounTy Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 49. Non-Waivec The failure of either party a[ any time to require performance by the other of any provision of this Franchise will in no way affect the right of the other party to enforce the Franchise. The waiver by either party of any breach of any provision is not a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. Section 50. Entire Aareement This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This Franchise shall also supersede and cancel any previous right or daim of Grantee to occupy the Right-of- Way as herein described. Section 51. Coun[erparts. This Franchise Agreement may be executed in several counterparts, each of which when so executed shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all paRies shall not have signed the same counterpart. Section 52. Effective Date. This Ordinance shall be in full force and effect five days after publication of the ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2009. Richard M. Munson, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attomey Date of Publication: Effective Date: Ordinance 09-34 Comcast Cablz Franchise Page 26 of 27 DRAFT Accepted by Comcast of Pennsylvania/Washington/West Virginia LP, B s The Grantee, Comcast of Pennsylvania/Washington/West Virginia. A limited partnership company, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing Franchise. IN WITNESS WHEREOF, has signed this day of_ , 2009. Subscribed and sworn before me this _ day of , 2009. Notary Public in and for the State of Washington, residing in My commission expires Ordinance 0934 Comcast Cable Franchise Page 27 of 27 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation FILE NUMBER: CTA-04-09 AGENDA ITEM TITLE: 1 reading proposed ordinance 09-036 — Amendments to Spokane Valley Municipal Code (SVMC) DESCRIPTION OF PROPOSAL: Chapter 19.40.010 — State that cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zone. Chapter 19.20.06 - State that additions to nonconforming structures must meet current zoning setbacks. Chapter 19.40.100 — Remove language to clarify the size limits of Accessory Dwelling Units. Chapter 19.40.140 - State that a Home Occupation permit is required for any business person or entity engaging in a for-profit,_enterprise in a residence. Add and clarify examples of not allowed businesses including adding "small engine repair" to the definition. Chapter 19.50— .050(G)2 Add the requirement that buildings must meet applicable building code requirements; 060(C)3 Active recreation areas are Community Development Director determined. ,napter 19.120 - Add Self Storage/mini storage to permitted uses in both the I-1 and I-2 zones. GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text amendments PREVIOUS ACTION TAKEN: Administrative report to council on November 17, 2009 � BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28 2007. Following the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. These amendments are corrections of some of these items. Staff presented this series of proposed amendments to the Planning Commission at a study session on September 24, 2009. The Planning Commission held a public hearing on the proposed amendments on October 8, 2009. Staff is scheduled to present the Planning Commission's recommendations and findings at the October 27, 2009 Council meeting. APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Code provides approval criteria for text amendments to the Spokane Valley Municipal Code. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of the Comprehensive Plan and bear a substantial reiation to the public health, safety, welfare, and protection of the environment. OPTIONS: Advance item to first reading of the ordinance as proposed, or as modified; direct staff further. ''ECOMMENDED ACTION OR MOTION: Move to advance ordinance 09-036 to a second reading of the ; dinance at the December 8, 2009 Council meeting. BUDGET/FINANCIAL IMPACTS: None. 1 of 2 STAFF CONTACT: Tavis Schmidt, Assistant Planner ATTACHMENTS: 1. Draft Spokane Valley Municipal Code text amendments 2. PowerPoint Presentation 2of2 CITY OF SPOKANE VALLEY D '{ /q c SPOKANE COUNTY, WASHINGTON � T ORDINANCE NO. 09-036 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL CODE SECTIONS 19.20.060, 19.40A10, 19.40.100, 19.40.140, 19.50.050, 19.50.060, 19.120, AND APPENDIX A DEFINITIONS, BY ADDING THAT NONCONFORMING STRUCTURES MUST MEET SETBACKS AS REQUIRED BY THE ZONING DISTRICT, CARGO SHIPPING CONTAINERS AND SINIILAR ENCLOSURES ARE NOT A PERMITTED STRUCTURE IN ANY RESIDENTIAL ZONE, ACCESSORY DWELLING UNITS MAY NOT EXCEED 50 PERCENT OF THE HABITABLE SQUARE FOOTAGE OF. THE PRINCIPAL DWELLING, ADDING THE REQUIREMENT TO OBTAIN A HOME OCCUPATION PERMIT, PROVIDING EXAMPLES OF USES THAT ARE NOT ALLOWED AS HOME OCCUPATIONS, ALL BUILDINGS IN A PLANNED RESIDENTIAL DEVELOPMENT MUST MEET BUILIDING CODES, OPEN SPACES REQUIREMENTS IN PLANNED RESIDENTIAL DEVELOPMENT ARE COMMUNITY DEVELOPMENT DIRECTOR DETERMINED, ADDING STORAGE SELF-SERVICE FACILITY TO PERMITTED USES IN INDUSTRIAL ZONES, AMENDING HOME OCCUPATION DEFI1vITION AS FOLLOWS: WHEREAS, the City of Spokane Valley (City) adopted the Spokane Valley Municipal Code (SVMC) pursuant to Ordinance 07-015, on the 24th day of September, 2007; and WHEREAS, the SVMC became effective on 28th day of October, 2007; and WHEREAS, the amendment is consistent with the goals and policies of the City's Comprehensive Plan, WHEREAS, WHEREAS, after reviewing the Environmental Checklists, the city issued an Optional Determination of Non-significance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS at City Hall, and at the main branch of the library, and mailed the DNS to all affected public agencies; and WHEREAS, the City provided a copy of the proposed amendment to Community Trade and Economic Development (CTED) initiating a 60 day comment period pursuant to RCW 36.70A.106; and WHEREAS, the amended ordinance as set forth beazs a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on October 8, 2009, the Commission reviewed the proposed amendments; and WHEREAS, the Commission received evidence, information, public testimony and a staff report and recommendation at a public heazing on October 8, 2009; and Ordinance 09-036 Page 1 of 13 WHEREAS, the Commission deliberated on October 8, 2009; the Commission provided a recommendation; and WHEREAS, on November 17, 2009, Council reviewed the proposed amendments; and WHEREAS, on December l, 2009, Council considered a first ordinance reading to adopt the proposed amendment; and NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: Pursuant to 1930 of the SVMC, the City adopts this ordinance amending section 19.20.060 Nonconforming uses and structures as set forth below. 19.20.060 Nonconforming uses and structures. A. Applicability. Legal nonconforming uses and structures include: 1. Any use, which does not conform with the present regulations of the zoning district in which it is located shall be deemed a nonconforming use if it was in existence and in continuous and lawful operation prior to the adoption of these regulations; 2. Any permanent structure in existence and lawfully constructed at the time of any amendment to this code, which by such amendment is placed in a district wherein it is not otherwise permitted and has since been in regular and continuous use; 3. Any permanent structure lawfully used or constructed that was in existence at the time of annexation into the City and which has since been in regulaz and continuous use; 4. The provisions of this chapter do not apply to structures or uses deemed nonconforming only pursuant to the Shoreline Management Act (Chapter 90.58 RCW) and the Spokane Valley Shoreline Master Program (Chapter 21_50 SVMC). B. Continuing Lawful Use of Property. 1. The lawful use of land at the time of passage of this code, or any amendments hereto, may be continued, unless the use is discontinued or abandoned for a period of 12 consecutive months. The right to continue the nonconforming use shall inure to all successive interests in the property. It is specifically provided, however, that any nonconforming use discontinued as a result of foreclosure or judicial proceedings, including probate, shall be permitted to continue for a period not to exceed 24 months. Discontinuance of a nonconforming use shall commence on the actual act or date of discontinuance. 2. A nonconforming use that is abandoned or discontinued shall not be replaced with another nonconforming use. 3. A nonconforming use which has not been abandoned or discontinued may be replaced with the following: a. A conforming use; b. Another nonconforming use; provided, that the new use is not less conforming than the prior use. This determination will be made by the director based on the NAICS codes; c. The proposed use places no greater demand on transportation and other public facilities than the original use; or d. The proposed use does not adversely affect or interfere with the use of neighboring property. �RAFJ' Ordinance 09-036 Page 2 of 13 4. A nonconforming use may be expanded only within the boundaries of the original lot or tract and any adjacent lot or tract that was under the same ownership as the lot or tract at the time the use on the original lot or tract became nonconforming if: a. The expanded use does not degrade the transpor[ation level of service greater than the original use; and b. The expanded use does not adversely affect or interfere with the use of neighboring property; and c. Any transfer of ownership or interest on adjacent lots or tracts was made contemporaneously with the transfer of ownership of the lot or tract on which the nonconforming use is located as part of a single transaction; and d. The expansion does not create additional development opportunities on adjacent tracts that would not othenvise exist. 5. Residential lots made nonconforming relative to lot size, lot depth, setbacks and width shall be deemed in conformance with this code, as long as the use of the lot is allowed in the respective district. 6. Nonconforming uses that do not provide the required number of off-street pazking spaces pursuant to current standazds shall not be considered as nonconforming. '7. Any nonconforming use damaged by fire, flood, neglect or act of nature may be replaced i£ a. Restoration of the use is initiated within 12 months; and b. The damage represents less than 80 percent of market value. 8. Any nonconfornung use changed to a conforming use shall not be permitted to convert to a nonconforming use. C. Nonconforming Structures. Expansion of a nonconforming structure is allowed in accordance with the following: L The expansion or alteration does not change the occupancy classification under adopted building codes; 2. The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage; additions to nonconforming structures must meet setbacks as required by the zonin district. 3. The number of dwelling units in a nonconforming residential structure does not increase so as to exceed the number of dwelling units permitted within current regulations; 4. Off-street loading and/or parking, stormwater detention and landscaping shall be provided for the alteration or expansion in accordance with current provisions; and 5. Any nonconforming structure damaged by fire, flood, neglect or act of God may be replaced if: a. Restoration of the structure is initiated within 12 months; and b. The damage represents less than 80 percent of mazket value of the structure. D. Completion of Permanent Structures. Nothing herein shall require any change in the plans, construction, or designated use of a building or structure for which a building permit has been issued or a site plan approved by the City or Spokane Counry prior to incorporation of the City before the effective date of this code, nor shall any building or smzcture for which a substantially complete application for a building permit was accepted by the building official on or before the effective date of these regulations; provided, that the building permit shall comply with all applicable regulations on the date that the application was filed and the building permit is issued within 180 days of the effective date of these regulations. (Ord. 07-015 § 4, 2007). � IC /`11 T Ordinance 09-036 Page 3 of 13 Section Two: Pursuant to 1930 of the SVMC, the City adopts this ordinance amending section 19.40.010 General provisions as set forth below. 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 recreaYional 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. Cazgo shipping containers and similar enclosures are not a permitted accessorY structure in anv residential zone. �F_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). ��G_Community facilities and public utility distribution facility(ies), except power poles and underground transformers, shall comply with the following conditions: 1. The requirements for landscaping, signage, lighting and other requirements shall apply. 2. Type I landscape screening is required along property line(s) adjacent to a residential use or zone. � Fr.H_Public utility transmission facility shall comply with the following conditions: 1. The utility company shall secure the necessary property or right-of-way to assure for the property construction, continued maintenance, and general safety to the property adjoining the public utility transmission facility; 2. All support structures for electric transmission lines shall have their means of access located a minimum of 10 feet above ground; 3. The facilities shall be compatible with the surrounding uses either by distance, landscaping, buffering, or design, as determined by the director; and �RAFr Ordinance 09-036 Page 4 of 13 4. The height of any structure above ground does not exceed 125 feet. (Ord. 09-017 § 1, 2009; Ord. 08-026 § 4, 2008; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). Section Three: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 19.40100 Accessory dwelling unit (ADU) as set forth below. 19.40.100 Accessory dwelling unit (ADin. Attached and detached ADUs are permitted in all residential zoning districts and shall adhere to the appearance of single-family residences. An attached ADU is an accessory dwelling unit that has one or more vertical and/or horizonta] walls in common with, or attached to, the principal dwelling unit. A detached ADU is a freestanding accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. A. Purpose and Intent. 1. To increase the supply of affordable housing units and encourage housing diversity through better use of the existing housing stock in neighborhoods in a manner that is less intense than new development; 2. To make housing units available to moderate-income people and special populations including the elderly, mentally ill, victims of domestic abuse, persons with disabilities or injuries, and the homeless who might otherwise have difficulty finding homes within the city that support independentliving; 3. To provide residents, particularly seniors, single pazents and families with grown children, with a means to remain in their homes and neighborhoods by obtaining, through tenants in either the ADU or the principal unit, extra income, companionship, security, and services; 4. To make better use of existing public investment in streets, transit, water, sewer, and other utilities; and 5. To protect neighborhood stability, property values, and the single-family residential appearance of neighborhoods by ensuring that ADUs are installed under the conditions outiined in this code. B. Conditions and Limitations. 1. The design and size of the ADU shall conform to all standazds in the building, plumbing, electrical, mechanical, fire, health, utilities and any other applicable codes; 2. An ADU may be developed in conjunction with either an existing or new residence; 3. One ADU, attached or detached, is allowed per lot as an accessory dwelling unit; 4. The ADU must be a complete, independent housekeeping unit; 5. The combined footprint of all accessory structures shall not exceed 10 percent of the lot area; 6. Home professions shall be allowed only within the principal dwelling unit, not the ADU; 7. The owner, as established by the titleholder, must occupy either the principal dwelling unit or the ADU as their permanent residence, but not both, for six months or more of the calendaz year, and at no time receive rent for the owner-occupied unit; and 8. Approval of an ADU will be revoked if the ADU is no longer in compliance with the development standazds and criteria outlined in subsection C of this section. C. Development Standards and Criteria. DRAFT Ordinance 09-036 Page 5 of 13 1. All ADUs, both attached and detached, must meet the following requirements: a. One paved off-street parking space shall be required for the dwelling unit in addition to the off=street pazking required for the main residence; I b. The ADU may not exceed °^ -°-��« �r"w°'�'° "�'�:'°'�,° °��'��' and 50 percent ofthe habitable square footage of the principal dwelling unit, nor be less than 300 squaze feet; c. The total number of individuals that reside in the ADU shall not exceed the number of persons that are defined as a family; d. The ADU shall be a complete, separate housekeeping unit; e. The entrance to the ADU shall be located on the side or in the reaz of the structure or in such a manner as to be unobtrusive in appeazance when viewed from the front of the street, and only one entrance may be located on the facade of the principal dwelling unit in order to maintain the appeazance of a single-family residence; £ The ADU unit shall not have more than two bedrooms; and g. The ADU shall be designed to meet the appearance of a single-family residence and must be the same or visually match the principal dwelling unit in the type, size and placement of the following: i. Exterior finish materials; ii. Roofpitch; iii. Trim; iv. Windows, in proportion (relationship of width to height) and orientation (horizontal or vertical). 2. Additional Development Standards for Detached ADUs. a. Shall be located behind the front building setback line and placed on a permanent foundation; b. Shall preserve all side yard and reaz yard setbacks for a dwelling unit, as established in SVMC 19.40A20, Residential standards; a Shall not be allowed on lots containing a duplex, multifamily dwelling or accessory apartment contained within the principal structure; and d. Existing detached accessory structures may be converted into detached ADUs; provided, that all development standards and criteria aze met, including side yard and reaz yard setbacks. D. Application Process. 1. Application for an ADU permit shall be made to the department of community development in accordance with the permit procedures adopted by the department; 2. Shall include a letter of application affirming that one legal titleholder will live in either dwelling unit, meeting the requirement of owner occupancy; 3. An ADU application shall also be filed as a deed restriction with the Spokane County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this code; and 4. Cancellation of an ADU's registration may be accomplished by the owner filing a letter with the department of community development for recording at the department of records and DR AFT Ordinance 09-036 Page 6 of 13 DRAFT elections, or may occur as a result of an enforcement action. (Ord. 08-006 § l, 2008; Ord. 07- O15 § 4, 2007). Section Four: Pursuant to 1930 of the SVMC, the City adopts this ordinance amending section 19.40.140 Home occupations as set forth below. 19.40.140 Home occupations A. Anyperson, rg_oup or entitv conducting "for profiY' enterprise from a location whose primary use is a residence must obtain a home occupation permit. -B.Home occupations are permitted as accessory uses, incidental to the property's principal use as a residence subject to the following requirements: &1.Property shall retain a residential appearance and chazacter; &2.A11 storage shall be enclosed within the residence or accessory structure; &3.There shall be a limit of two employees not residing on the premises engaged in the home occupation; I &4.One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four squaze feet in azea is permitted; I &S.There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s); I &6.The hours of operation of a home occupation aze limited to 7:00 a.m. to 10:00 p.m.; &7.The home occupation use shall not create electronic interference including, but not limited to, interference with radio, satellite reception, telephone or television reception, nor generate measurable levels at the property line of noise, dust, smoke, odor or glaze. The home occupation activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted; �8.Loading docks and mechanical loading devices aze not permitted; and 9_No traffic or pazking of vehicles shall be generated by a home occupation in greater volumes than normally expected in a residential neighborhood and any need for pazking must be accommodated within the required off=street parking for the dwelling unit. (Ord. 07-015 § 4, 2007). &10. Uses which are detrimental to the existing residential appeazance and chazacter aze not allowed as home occupations. I -C. Specific uses which are not permitted as home occupations include, but are not limited to the following: Adult retail use establishment, adult bookstore or adult entertainment establishment; auto r�air• welding or metal platinp shops• large aonliance/electronics or equipment repair or service• Ordinance 09-036 Page 7 of 13 DRAFT small en ie ne repair: truck hauling and or tow storage yard; vehicle sales; cabinet makin� manufacturing and/or related storage: kennel or stables: wholesale or retail sales; and restaurants/drinkine establishments. Section Four: Pursuant to 1930 of the SVMC, the City adopts this ordinance amending section 19.50.050 Development standards and 19.50.060 Open space standards as set forth below. 19.50.050 Development standards. The following standards shall govem the administration of this chapter: A. Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PRD shall be so designed as to minimize adverse impact of the PRD on adj acent properties and, conversely, to minimize adverse impact of adjacent land use and development characteristics on the PRD. B. Site Acreage Minimum. The minimum site shall be five acres. C. Minimum Lot Size. The minimum lot size provisions of other sections of the UDC do not apply in a PRD, except that the minimum lot size requirements of the underlying zone shall serve as the criterion to calculate the total number of dwelling units allowed in the proposed PRD based on the gross acreage ofthe entire development. D. Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more than 20 percent greater than that permitted by the underlying zone, rounded to the nearest whole number; provided, that the open space amenities described in SVMC 19.50.060 aze met. E. Masimum Coverage. Building coverage and development of the site shall not exceed the percentage permitted by the underlying zone. F. Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape features which aze to be preserved, such as existing trees, drainage ways, rock outcrops, etc., may be accepted as part of the landscaping plan. - G. Setback and Side Yard Requirements. 1. Setbacks from the exterior boundary line of the PRD area shall be comparable to or compatible with those of the existing development of adjacent properties, or, if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties or the Comprehensive Plan and/or adopted subazea plans; 2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, ; therefore, built to the property line as in townhome construction;.- however, all buildin sg must I meet applicable building code requirements. H. All streets shall be designed and constructed to public street standazds. I. Off-street pazking shall be provided in accordance with Chapter 22_50 SVMC. J. Secondazy Use Limitations. Ordinance 09-036 Page 8 of 13 DRAF� 1. Commercial uses are subject to site plan review procedures and shall be provided for in the application for the development within which the commercial use is to be integrated; 2. The gross floor azea of the commercial use shall not exceed the product of 50 squaze feet multiplied by the number of dwelling units within the development; 3. Construction of at least 35 percent of the residences in the PRD must be completed before any building permits will be issued for the construction of commercial uses, except this shall not prohibit a sales office; and 4. Commercial uses within a PRD shall be of a size and type to serve primarily the residents of the development, and shall be intemally located to fulfill this function. (Ord. 07-015 § 4, 2007). 19.50.060 Open space standards. Each PRD shall dedicate not less than 30 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: A. Location. The area proposed for open space shall be entuely within the PRD and within reasonable walking distance of all dwelling units in the PRD. Where practical, the proposed common open space shall be located adjacent to other established or planned pazk and recreational areas in adjacent developments, schools, or City parks; provided, that such dedication would increase the overall benefit to the residents of the PRD and conform to other criteria in this section. B. Access. All dwelling units within the PRD must have legal access to the proposed common open space at the time of final PRD approval. Private or access roads, trees or other landscaping may separate the common open space area. However, access should not be blocked by major obstacles such as arterial or collector roadways or significant natural features such as rivers, streams or topographic features. Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. C. Types of Open Space. L Land dedicated for open space should be usable for either greenbelts that serve as a buffer between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees, active recreational activities, or for protecting environmentally sensitive areas such as wetlands. 2. Except as provided in subsection (C)(3) or (4) of this section, a minimum of 30 percent of the required common open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical chazacteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active recreation. 3 Communitv Development Director determines the amount of required active recreation areas pursuant to the criteria set forth in 19 50 060 Open space standazds 3:4.The percentage of active recreational azeas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a lazger percentage. In increasing Ordinance 09-036 Page 9 of 13 DRAFT this percentage, the following standard should be used: the ratio of one acre to 125 residential units. I 4.S.The percentage of active recreational area may be decreased to as low as 15 percent if it is determined that: a. Inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or b. Meeting the standard would require detrimental grading or other disturbance of the natural setting. D. Land required for open space shall not include: 1. Accessory buildings, climate-controlled improvements, and azeas reserved for the exclusive use and benefit of an individual tenant or owner; 2. Dedicated streets, alleys or public rights-of-way, required landscaped azeas, areas required for yard depth or building setback or separation; 3. Vehiculaz driveways, private streets, parking areas, loading or starage areas; or 4. Floodplain (100-year), floodprone areas, drainage easements, natural drainage areas ar creeks unless maintained as an amenity and specifically approved as being suitable for open space. E. Implementation. The azea proposed for open space shall be dedicated in common to the property owners within the plat or to a homeowners' association. Maintenance and operation of the dedicated open space shall be the responsibility of the property owners' or homeowners' association. 1. The City may choose to accept dedication, maintenance and operation responsibilities when the common open space azea to be dedicated is in the public interest and either one ar a combination ofthe following: a. Greater than 10 acres; b. Adjacent to an established or future City pazk or school grounds; c. Is an access to a body of water greater than three acres in size; or d. Is an environmentally sensitive azea. 2. The dedication shall be identified on the PRD plan. F. Improvements. The following improvements to the azea proposed for dedication may be required prior to final approval of the PRD: 1. Removal of construction debris and hazards; and 2. Rough grading and establishment of grass cover over those portions of the site suitable for playfields. G. Equivalent Facilities. When areas proposed for dedication do not meet the criteria for dedication in this chapter, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of equivalency shall be made by the director according to the following guidelines: 1. The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the PRD; 2. The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area, unless otherwise allowed by the City; Ordinance 09-036 Page ]0 of 13 3. The proposed land and improvements shall be dedicated in accordance with subsection F of this section. H. Stormwater Detention Facilities. Stormwater detention ponds may be allowed by the City as part of dedicated open space subject to the following criteria: 1. The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity; 2. The side slope of the detention pond shall not exceed 33 percent unless slopes aze existing, natural and covered with vegetation; 3. If detention facilities aze located adjacent to or near a natural, yeaz-round stream or wetland, these systems shall be lefr in natural or near-natural condition; 4. The detention azea shall be landscaped in a manner which is both aesthetic and able to withstand the inundation expected; 5. Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or othenvise rendered unsuitable or unavailable for recreation use during dry weather; and 6. In the case of joint use of open space for detention and recreation, the home owners or homeowners' association shall be responsible for maintenance of the detention facilities. I. Rights and Duties. The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions: L The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces (accessory to picnic tables) designed to be used exclusively for the use of residents of the development and their guests; 2. The right to locate pedestrian paths, bicycle paths and bridle paths; 3. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to conect a hazardous condition posing a threat to life or limb; 4. The right to regulate access to or entry on the open space land and duty to maintain such land. (Ord. 07-015 § 4, 2007). Section Five: Pursuant to 1930 of the SVMC, the City adopts this ordinance amending section 19.120 Permitted and accessory uses as set forth below. 19.120.010 General. Uses are classified using the 2002 North American Industry Classification System (NAICS) published by the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19-A, the schedule of permitted and accessory uses. pR AFT Ordinance 09-036 Page 11 of 13 '� 'o m a Xk f/1 d 7 r N % ..d+ � �'lj • C V <0 V 'C C C t��1 C � � N � N � C d � � p � � t, C O N N7 � � (n fn 7� fC .+ ` G> N 0 t> p G7 � N O G1 �_ .c � GI :+ �� Q Q =� � � V y � �, � p s E E E a°�i E E 16 �°' w c 'o o U � � a E E E E E'u a� � v z z fp � �p � G V t` o 'd V V U � Cj �j LL T N �(j a Q U � Z � I P P 49 49319 Storage, P P P P P P self-service facility Section Six: Pursuant to 1930 of the SVMC, the City adopts this ordinance amending section Appendix A Definitions as set forth below. Home occupation: An occupation, profession or craft incidental to the residential use� �g-e� � • �; > ; ; ; > ; > � Section Seven: All other provisions of SVMC Title 19 and Appendix A(Definitions) not specifically referenced hereto shall remain in full force and effect. Section Eieht: Severability. If any section, sentence, clause or phrases of this Ordinance should be held to be invalid ar unconstitutional by a court of competent jurisdiction, such invalidity. or unconstitutionality shall not affect the validity or constitutionality of any other section, clause, or plu�ase of this Ordinance. Section Nine: Effective Date. This ordinance shall be in full force and effect five (5) days afrer the publication of the Ordinance, or a summazy thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this_day of , 2009. \� Mayor, Richar . Vlunson ATTEST: City Clerk, Christine Bainbridge I Ordinance 09-036 Page 12 of 13 Approved as to Form: On -r Office of the City Attome Date of Publication: Effective Date: Expiration Date: Ordinance 09-036 Page 13 of 13 """"" Department of Community Development �..�� Plannin� Division City Council CTA-04-09 Amendments to the Spokane Valley Municipal Code December 1, 2009 Department of Community Development ; Planning Division � B ackground • Uniform Development Code effective October 28, 2007 • Planning Commission study session September 24, 2009 • Planning Cornmission public hearing October 8, 2009 • City Council Administrative report November 17, 2009 """""�`� Department of Community Development .�..�� Plannin� Division Proposed Amendments • Chapter 19.20.060 - Nonconforming structures • Chapter 19.40.010 - Permitted accessory structures in residential zone. • Chapter 19.40.100 - Accessory Dwelling Units • Chapter 19.40.140 - A Home Occupations • Chapter 19.50.050 - Planned Residential Developments • Chapter 19.120 - Schedule of Permitted Uses "`�""''�"°�""`° Department of Community Development �..rrrrr Plannin� Division Nonconforming uses and structures 19.20.060 C. Nonconforming Structures The expansion or alteration does not create additional nonconformity with respect to building setbacks or lot coverage; additions to nonconformin� structures must meet setbacks as required bv the zonin� district. 2 feet Non- conforming structure New Addition 5 feet Property Line `"�"""°"°`"�" Department of Community Development ■rn■�r Planning Division District purpose and supplemental use regulations — Residential Zones 19.40.010 General provisions. . C ar�o shippin� containers and simi itted accessorv structure in anv residenti " Department of Community Development Plannin� Division District purpose and supplemental use regulations — Residential Zones 19.40.100 Accessory dwelling unit (AD� C. Development Standards and Criteria. 1. All ADUs, both attached and detached, must meet the following requirements: b. The A.DU may not exceed �ee�,�►�� 50 percent of the habitable square footage of the principal dwelling unit, nor be less than 300 square feet; Department of Community Development Plannin� Division District purpose and supplemental use regulations — Residential Zones 19.40.140 Home occupations. I�or��c�iq�c� u��c��dnc�a��s, incidental to the pro�f�t��ris��damaeaal�sa�ei�l�l�s.�l�ja�� t}.� is a foll�inl� �nr.�ha�tain a home occupation pennit. B. Home occupations are permitted as accessory uses, except as indicated b,y section C below, incidental to the property's principal use as a residence subj ect to the following requirements: 10. Uses which are detrimental to the existin� residential appearance and character are not allowed as home occupations. `°""""�_'°`""" Department of Community Development Plannin� Division Home occupations continued 19.40.140 Home occupations. C. Specific uses which are not permitted as home occupations include, but are not limited to the followin�: Adult retail use establishment, adult bookstore or adult entertainment establishment; auto repair; � liance/el en i� ne repair; truck haulin� and or tow stora�e vard; vehicle sales; cabinet makin�; manufacturin� andlor related storage; kennel or stables; wholesale or retail sales; and restaurants/drinking establishments. Department of Community Development Plannin� Division Definitions Home occupation: An occupation, profession or craft incidental � . . .. . .ee�r�� . .- . .. - . ... . . — � �� . � Y • •� / � � • • � I • • � � � • � � � � • � • • • � � ' • � �• � • � � • - �� • I � � � � � � � � � • � • � • • • � • • • � � �� • � • � ■� � � � � � �� • • t � t • � • t "` Department of Community Development Plannin� Division Planned Residential Developments 19.50.050 Development standards The following standards shall govern the administration of this chapter: G. Setback and Side Yard Requirements. 2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the property line as in townhome construction. However, all buildings must meet applicable buildin _g code requirements. Department of Community Development Plannin� Division Planned Residential Developments 19.50.060 Open space standards. Each PRD shall dedicate not less then 30 percent of the gross land area for common open space for the use of its residents. Common open space areas shall meet the following criteria: C. Types of Open Space. 3. Coinmunity Development Director determines the >unt of reauired active recreation areas pursuant to th criteria set forth in 19.50.060 Open s�ace standards. 4. The percentage of active recreational areas may be increased to as high as 50 percent if it is determined that anticipated recreational needs will require a larger percentage. In increasing this percentage, the following standard should be used: the ratio of one acre to 125 residential units. CITXALIESPORA$Y Department of Community Development �...�r� Plannin� Division Chapter 19.120 Permitted and Accessory Uses • Update matrix to allow Storage, self-service facility in areas zoned I-1 Light Industrial and I-2 Heavy Industrial m ak ui m m d, w � ; � _ ' �' � � �, "_ > c o � N M LL. LL U U �� N if �.�.r 9 m 1 O t�.1 O 1 7 N �� OJ � m�+ K K d'• K 9 a � d m t?'-' d� t° i E E' E u �= m9 �� Z Z t€� � xc� v�" p � a t E E ELL _ w m � � R m � o 0 0 � �v y a a V , Z t f� U f) P P 49 4 Storage, self-service facility P P P P P P 9 3 1 9 P Permittetl Use R Regional Siting S Conditions Apply A Accessory Only T Temporary Permit C Conditional Use Permit ""„"""'_�°`""" Department of Community Development � �� Planning Division Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: First Reading Proposed Ordinance 09-037 Amending 2009 Budget GOVERNING LEGISLATION: State law requires an amendment to our budget when we believe we will exceed our appropriations. - PREVIOUS COUNCIL ACTION TAKEN: The City budget for 2009 was adopted in October of 2008. There was discussion at the October 20, council meeting regarding these proposed changes. BACKGROUND: Amendments to the 2009 budget are needed to allow for costs of street improvements (12�' & Blake), debt service accruals for payment on bonds, carryover street project expenditures from 2008, on-going Barker Bridge construction and carryover costs from 2008 for Discovery Park. A public hearing was held on October 20. The second reading of the ordinance has been scheduled for December 8. OPTIONS: Options include forwarding the ordinance to the December 8 meeting for a second reading or rejecting the amendments. The budget should be amended to comply with Washington State law. RECOMMENDED ACTION OR MOTION: Move to advance ordinance 09-037 to a second reading. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Ken Thompson, Finance Director DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 09-037 AN ORDINANCE AMENDING ORDINANCE NO. 08-023 PASSED BY THE CITY COUNCIL ON OCTOBER 28, 2008, OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2009 THROUGH DECEMBER 31, 2009, APPROPRIATING FUNDS AND ESTABLISHING SALARY SCHEDULES FOR ESTABLISHED POSITIONS. WHEREAS, subsequent to the adoption of the annual budget, it has become necessary to make changes by adding new revenue, amendments, appropriations and transferring funds in order to properly perform various City functions, services and activities; and WHEREAS, the budget changes set forth in this Ordinance could not have been reasonably anticipated or known when the annual budget was passed by the City Council; and WHEREAS, the City Council has determined that the best interests of the City are served by amending the adopted budget to reflect anticipated revenue, expenditures, fund balances, and appropriating same as set Forth herein. NOW THEREFORE, The City Council of the City of Spokane Valley, Washington do ordain as follows: Section 1. Amended Revenues. Ordinance No. 08-023, as adopted or amended, adopted the budget for the twelve months ending December 31, 2009. Each item, revenue, appropriation, and fund is hereby amended as Follows. A. Debt Service Fund (204) of the 2009 budget is amended to provide For additional revenue in the amount of $60,000 from the Public Facilities District. B. Capital Grant Fund (307) revenues are amended to include $262,000 in additional State and Federal Grant revenues and $46,000 in Real Estate Excise Tax. C. Barker Road Bridge Fund (308) revenues are amended to include $2,000,000 in Federal Grant receipts on costs originally projected to be spent in 2008. D. Parks Capital Fund (309) revenues are amended to include $800,000 in State Grant funds and $900,000 in transfers in from the Real Estate Excise Tax fund (301). E. Street Fund (101) revenues are amended to include $100,000 from a local utiliry to pay for damage to a city street. For purposes of these budget amendments, Exhibit "A" is attached hereto and incorporated by this reference as set forth in full. REVENLTES: Ordinance 09-037 Amending 2009 Budget Page I of 3 DRAFT REVENUES: FUND FUND 2009 Est. Rev. & AMENDMENT ENDING NUMBER NAME Fund Balances Oct. 20. 2009 REVENUES 001 GENERAL $ 49,288,955 $ 49,288,955 101 STREET $ 7,392,000 $ 100,000 $ 7,492,000 102 ARTERIAL ST. $ 591,000 $ 591,000 103 TRAILS/PATHS $ 43,000 $ - $ 43,000 105 HOTELIMOTEL $ 600,000 $ - $ 600,000 123 CIVIC FAC. REPLCMT. $ 767,000 $ 767,000 204 DEBT SERVICE $ 650,000 $ 60,000 $ 710,000 301 CAPITAL PROJECTS $ 5,948,000 $ - $ 5,948,000 302 SPECIAL CAP. PRJ $ 2,980,000 $ - $ 2,980,000 303 STREET CAP PRJ � $ 16,725,000 $ - $ 16,725,000 304 MIRABEAU PT $ 370,000 $ - $ 370,000 305 STREET BOND PRJ $ - $ - $ - 306 COM DEV BLK GRNT $ 300,000 $ 300,000 307 CAPITAL GRANTS $ 1,573,000 $ 308,000 $ 1,881,000 308 BARKER BRDGE FED $ 5,977,000 $ 2,000,000 $ 7,977,000 309 PARKS CAPITAL PRJ $ 1,220,000 $ 1,700,000 $ 2,920,000 310 CIVIC FACILITIES $ 5,800,000 $ 5,800,000 120 CENTERPLACE OP. $ 340,000 $ - $ 340,000 121 SERVICE LEV. STAB $ 5,400,000 $ - $ 5,400,000 122 WINTER WEATHER $ 500,000 $ - $ 500,000 402 STORMWATER $ 3,440,000 $ - $ 3,440,000 501 EQUIP REPL & RES $ 780,000 $ - $ 780,000 502 RISK MGMT $ 230,000 $ - $ 230.000 TOTALS � 110 914 955 � 4 168 000 $ 115 082 955 The new total of all fund revenues and beginning fund balances, appropriated for the year 2009 is $115,082,955 Section 2. Expenditures Appropriated. To appropriate the amendments from the above estimated revenues and beginning unrestricted fund balances for each separate fund, the expenditure appropriations for the period January I through December 31, 2009 are amended as set forth below. EXPENDITURES/APPROPRIATIONS: NUMBER NAME BUDGET AMENDMENTS APPROPRIATIONS 001 GENERAL $ 49,288,955 $ - $ 49,288,955 10'I STREET $ 7,392,000 $ 100,000 $ 7,492,000 102 ARTERIAL ST. $ 591,000 $ - $ 591,000 �03 TRAILS/PATHS $ 43,000 $ - $ 43,000 105 HOTEL/MOTEL $ 600,000 $ - $ 600,000 �23 CIVIC FAC. REPLCMT $ 767,000 $ 767,000 204 DEBT SERVICE .$ 650,000 $ 60,000 $ 7'10,000 301 CAPITAL PROJ. $ 5,948,000 $ - $ 5,948,000 302 SPEC.CAP. PRJ $ 2,980,000 $ - $ 2,980,000 303 STREET CAP PRJ $ 16,725,000 $ 16,725,000 304 MIRABEAU PT $ 370,000 $ - $ 370,000 306 COM DEV BLK GRNT $ 300,000 $ 300,000 307 CAPITAL GRANTS $ 1,573,000 $ 308,000 $ 1,881,000 308 BARKER BRDGE FED $ 5,977,000 $ 2,000,000 $ 7,977,000 309 PARKS CAP. PRJ $ 1,220,000 $ 1,700,000 $ 2,920,000 3'10 CIVIC FACILITIES $ 5,800,000 $ - $ 5,800,000 '120 CENTERPLACE OP. $ 340,000 $ - � $ 340,000 12� SERVICE LEV, STAB $ 5,400,000 $ - $ 5,400,000 '122 WINTER WEATHER $ 500,000 $ - $ 500,000 402 STORMWATER $ 3,440,000 $ 3,440,000 50'I EQUIP REPL R RES $ 780,000 $ - $ 780,000 502 RISK MGMT $ 230,000 $ $ 230,000 � TOTALS $ 110,9'14,955 $ 4,168,000 $ 'I'15,082,955 Ordinance 09-037 Amending 2009 Budget Page 2 of 3 DRAFT These amendments include additional budget for accrual of debt service costs, authorizing 2009 funds for the completion of 2008 projects, additional appropriations for the Barker Bridge and Discovery Park and street improvements for damage caused,by a broken water line as shown on the attached E�chibit A. The total balance of all fund expenditures appropriated for the year 2009 is $115,082,955. Section 3. Severabiliri. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis Ordinance. Section 4. 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 of the City of Spokane Valley this _ day of , 2009. ATTEST: Richard M. Munson, Mayor Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attomey Date of Publication: Effective Date: Date of Publication: Ordinance 09-037 Amending 2009 Budget Page 3 of 3 City of Spokane Valley Exhibit A Amendments to 2009 Budget December 1, 2009 REVENUE EXPENDITURE Fund INCREASE INCREASE Explanation 101 Street Fund Reimb from utility $ 100,000 12th & Blake st. project $ 100,000 Improvements to 12th & Blake 204 Debt Service Fund Public Facilities District $ 60,000 Debt Service on 2003 Bonds $ 60,000 Accrue Debt Service for late 2009 307 Capital Grants Grant $ 262,000 - RE excise tax trans in $ 46,000 Appleway Tshirley to Hodges $ 129,000 2008 carryover Signal controller upgrades SRTC 06-22 $ 48,000 2008 carryover Broadway Moore to Flore . $ 75,000 2008 carryover Spregue Ave ADA Improvements $ 56,000 2008 carryover 3OE BARKER BRIDGE Federal Grant $ 2,000,000 Replace Bridge $ 2,000,000 Barker Bridge carryover 309 Parks Capital State Grant Disc Prk $ 800,000 RE excise tax 8 Donations $ 900,000 Construction Disc. Prk $ 1,700,000 Discovery Park Construction Total---> $ 4,168,000 $ 4,168,000 :Budgetamend 10-20-09 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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 09-017 Establishing a Wellness Program GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Information item to Council on October 27, 2009, Administrative Report to Council on November 17, 2009 BACKGROUND: The purpose of this action is to propose the establishment of a Wellness Program for the City. This program would direct efforts to decrease the costs to the City associated with the Health of City Employees. The Association of Washington Cities will be reducing Asuris Plan rates to Cities achieving the "Well-City" award by 2% in 2012. This resolution will initiate the achievement of this award. Staff recommends the establishment a wellness program as part of attainment of the Well-City � award and improvement of Health of City Employees. OPTIONS: Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: I move to approve Resolution 09-017 authorizing the City Manager to implement a wellness program to lower the City's cost for health care premiums and to improve the health of City employees. BUDGET/FINANCIAL IMPACTS: Establishment of a wellness budget not to exceed $10 per regular city employee reallocated from the existing tiudget allocation for Human Resources. STAFF CONTACT: John Whitehead, HR Manager ATTACHMENTS AWC Well-City Brochure, Memorandum from John Whitehead, Human Resource Manager, to Mike Jackson, Deputy City Manager dated October 19, 2009. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 09-017 A RESOLUTION OF THE CITY OF SPOKANE VALLEY ESTABLISHING AND SUPPORTING A WELLNESS PROGRAM FOR EMPLOYEES OF THE CITY OF SPOKANE VALLEY. WHEREAS, the City recognizes that employee health is related to lifestyle decisions and many illnesses and injuries can be prevented by positive individual health practices; and WHEREAS, the City further recognizes that improvements to employee heal[h, achievable through active workplace health promotion programs and activities can result in better morale, reduced absenteeism, and enhanced productivity and performance; and WHEREAS, the improved fitness and good health of the CiTy's employees is a benefit to our citizens through more productive employees, and as a prudent strategy to control healthcare expenditures; and WHEREAS, the City wishes to attain status through the Association of Washington Cities as a "Well City" and receive a discounted rate on employee health insurance in that pursuit; and WHEREAS, the City Council wishes to implement a CiTy Employee Wellness Program aimed at preventing illnesses and injuries and promoting better morale, reduced absenteeism, and enhanced productivity and performance among City employees. NOW THEREFORE, be it resolved by the CiTy Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. The.Wellness Program for employees of the City of Spokane Valley is hereby established and the City Manager is authorized to implement this program pursuant to an appropriate administrative policy to include a budget for this program. The City Council hereby expresses their support of the City's wellness program, and provides sustainability of the program. Section 2. Effective Date. This Resolution shall be effective upon adoption. Adopted this day of December, 2009. City of Spokane Valley Richard M. Munson, Mayor ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attomey Resolution 09-017 Wellness Program Page 1 of 1 S�`okan e� P��. � � �Valle� � j Y 11707 E Spregue Ave Suite 106 � Spokane Valley WA 99206 509.921.1000 � Fax: 509.921.1008 � cityhaUC�spokanevalley.org M emorandum � To: Mike Jackson, Deputy City Manager From: John Whitehead, Human Resources Manager Date: October 19, 2009 Re: WeIlCity Award The purpose of this memo is to provide information concerning the City's possible application for the WellCity Award through the Association of Washington Cities (AWC). Beginning in 2012, the AWC will be offering a 2% discount off their Regence B1ueShield/Asuris plan premiums to those member Cities achieving the "WellCity Award". AWC has created a list of standards that organizations will be compared to in order to receive the Award and those standards will be used as a point system to rate each organization's wellness program. Currently Spokane Valley meets 47 of the required 90 points needed for the award. Costs and Benefits AWC deterxnines health care premium costs based upon what they are charged by the particular plan provider. Regence/Asuris computes those rates using an experience rating that measures the frequency in which employees access health care services under the Regence/Asuris plans. The lower the rating, the lower the costs AWC must cover and pass on to members. AWC research shows a connection between wellness program activities and the decrease in the rate in which members are using their health benefits. AWC has developed the We1lCity Award program to increase wellness participation thereby lowering their plan costs. These savings then can be passed on to member cites in the form of lower premiums and to further support wellness programs. It is important to note that Group Health does not have an experience rating system and so is not currently in this program. One requirement for application for the WellCity Award is to allocate a budget of at least $10 per employee per yeaz for the wellness program. The City's projected budget using this rate would be approximately $920/year; however it can be reduced by the funds received from AWC in the form of wellness grants. In 2008 the City received $435 from AWC grants for our employees' participation in various wellness activities. Additionally, if the City chose to pursue the Award, we would also meet the requirements for the other financial awards through AWC. The "Wellness Incentive Program" is one such award designed as a one-time grant to assist cities in developing their wellness prograzus. This grant would provide $20 per employee or approximately $1,840 in total. Once the City meets the requirements of the incentive grant we would then be eligible in 2011 for the "Matching GranY' of $840 where the costs to the City for wellness programs would be matched by AWC up to the maximum limit above. In 2010 the AWC will assess wellness programs and present the awards to those cities reaching the minimum threshold to merit the award. These awards would be presented to the participating cities in Mazch of 2011. AWC would then provide those organizations a 2% reduction in their 2012 Regence/Asuris plan premiums. Using the City's current expenditures for AWC "Healthfirst", which is provided by Regence B1ueShield, the 2% awazd would be $8,947/yr. As stated above, since Group Health, the provider for the other plan provided by the City, does not calculate an experience rating, there would not be a cost savings for the City's expenditures for that health plan. In addition to the savings from decreased benefits costs, there aze a number of other benefits to improving the health of City employees. AWC has conducted reseazch that shows significant employer gains in this area. These include an average 28% reduction in absenteeism, an average 30% reduction in worker's compensation and disability claims and an overall $3.50 to $1 return on investment in programs that aze designed to lower employee health risks. Award Reauirements There aze a number of standazds involved in the AWC We1lCity awud. Some standazds are optional; however, the majority aze required. In order to be eligible for the awazd an organization must have both a minimum of 90 points and have met all of the required standazds. The attachment to this memo identifies the standazds the City would need to achieve in order to receive the reward. Although this list appears to be lengthy, due to the evolution of the current City wellness activities, it is anticipated the City can reach this goal by the end of Mazch 2010 if desired. Primarily the requirements of AWC would involve gaining endorsements from Council and senior management, policy development, establishing a wellness budget and in forming and training a wellness committee. Recommendations: It is recommended the City pursue the AWC We11City Awazd, Wellness Incentive and Matching Grants. The expected financial, employee health and productivity benefits in attainment of these grants/award outweigh the anticipated City resources needed to establish and maintain our program. With the City Manager's approval, the program would be managed out ofthe Human Resources Office similaz to current wellness related activities. Human Resources would begin formulating the wellness plan and coordinating the various requirements of AWC. City of Spokane Valley-Requirements of AWC WellCity Award The following aze the categories of the AWC WellCity Awazd application and the identification of what initiatives that would be needed for Spokane Valley to attain the Awazd status: (Highlighted aze those standazds the City currently does not meet, all listed aze required unless noted as othenvise) Standazd #1- Developing Policies & Procedures 1.1 City Council formally adopts a policy, resolution or ordinance stating the public purpose of the wellness program 1.2 Annual wellness budget of at least $10/employee 13 Wellness committee is educated about HIPAA related to worker health 1.4 Formation or editing of at least one of the following policies to support wellness activities, -Permitting employees 1-2 hours per month to attend meetings -Allowing access to the wellness program by a broad range of employees(shiRs, locations, departments) -Permitting employees to use work for some wellness activities (health screening, education) 1.5 Formation of at least two of the following policies to promote healthy behaviors -Tobacco Free Workplace -Emergency Procedures -Substance Abuse -Safe Driving Practices -Healthy Meetings -Use of on-site fitness center/subsidization for offsite club memberships -Other Standard #2- Gaining Management Support 2.1 Top and mid management support the wellness program by demonstrating the following: -Demonstrating support for a policy, resolution or ordinance -Attended a wellness committee meeting -Provide written communication in support of wellness program -Conduct an ora] speech or presentation encowaging participation in wellness 2.2 Management receives the following documents: -Wellness Program Operating Plan -Wellness Program Budget -Wellness Committee Meeting Agenda and Minutes -Wellness Program Activity Report 2.3 Management demonstrates commitment to the wellness program by participating in activities. - Motivation Program - Health Screenings or Questionnaire - Behavior Change Program 2.4 Management regularly attends (at least 80%) the wellness committee meetings and participates in discussions (Optional). Standard 3- Creating a Wellness Committee 3.1 A wellness committee has been formed that is representative of all workgroups and all levels of authority. 3.2 The wellness committee has a defined structure that includes operating procedures, guidelines and a member rotation system. 33 The wellness committee does the following (optional): - Has at least one elected official, top manager or mid manager that has decision making authority that also regulazly attends meetings. - Is responsible for preparing the annual operating plan and the annual proposed budget. - Has representation by at least 80% of the departments, shifts and locations. - Attempts to engage a broad base of employees and involve them in the program delivery. - Holds meetings at least monthly. 3.4 Employees aze invited to shaze ideas, feedback and concems directly with the wellness committee and or wellness coordinator through the following(optional): - Suggestion boxes - Email - Intranet/Wellness webpage - In person - Other 3.5 Weliness committee members were formally recognized for their work on the wellness progrem in 2009 or 2010 by (optional): - Hosting a luncheon - Providing award certificates - Recognition on a performance review - Additional compensation - Other: Standard #4 - Weaving Your Wellness Network 4.1 A City representative recefved the following health promotion training (2 of 5 required): - Employee Health Academy - Healthy Worksite Summit - Received technical assistance from AWC Wellness - Committee member researched worksite health promotion best prectices - AWC provided a wellness committee treining in person in 2009 4.2 Departments that include "Intemal Champions" (2 departments are required). 43 A write-in of how an"Internal Champion has helped the wellness program (optional). 4.4 Partnerships with Local vendors/resources for weliness (2 aze required). 4.5 Employees aze informed about the wellness program using the following (2 are required): - Email - IntraneUlntemet - Flyers - Newsletters - Payroll Stuffers - Other: 4.6 Provide and example of how the wellness program communicates and promotes the availability of extemal programs (optional). Standard #5 - Assessing Program Needs 5.1 Data on the population's health risks, needs and interests was collected and the results summarized in 2008 or 2009. Complete the table below for each assessment completed. Worth 3 points for each type of assessment. - Health Risk Assessment - Health Screening - Employee Interest Survey AWC Trust members with 50 or more participants are eligible for a Management Report which contains aggregate health risk assessment & health screening data. 5.2 Information on workforce demographics, shifts and worksites has been collected. An "Organizational Information SheeP' was completed in 2008 or 2009. 53 Sick leave/absenteeism was provided from Human Resources. 5.4 The following assessments were conducted in 2008 or 2009 (optional): - Culture Assessment - Environmental Assessment - Healthy Vending Assessment - Other: 5.5 Provide examples of how the information collected in 5.1 - 5.4 was used to develop the 2009 or 2010 goals and objectives. Standard #6 - Building an Infrastructure of Mealth 6.1 Healthy behaviors are encoureged with the following environmental Supports (4 required): - Employees are permitted to participate in a limited number of city sponsored wellness activities on city time. - The cafeteria provides healthy nutritious options & labels healthy selections. - The vending machines provide healthy nutritious options. - A lactation room is provided to employees. - A"Stress Free 2one" is designated. - Empioyees have access to carpooling programs, ride-share or similar services. - Employees are allowed to telecommute. - Employees have access to a we�lness Iibrary that (ncludes books, VHS, DVD's. - Employees are offered disaster preparedness & CPR/First Aid treining. - Employees have access to a toll-free nurse advice line. 6.2 Employees are informed of the items listed above via the following (2 required): - Employee handbooks and policfes - New hfre orfentation meetings - Employee meetings - Newsletters, flyers - Other written materials - Word of mouth - Other: 6.3 Employees have access to the following to promote physical activity (1 required): - Fitness room/facility - Walking & joggfng paths that are clearly marked - Accessible stairwells - Bike recks - Basketball and/or Volleyball Courts - Discounts at local health clubs - Organized group fitness classes on-site - Other: 6.4 A social support system for health improvement is provided by the following (1 required): - Organizing walking, hiking or biking groups - Setting up a buddy system - Coordinating Weight Watchers @ Work meetings, book club or other healthy support group - Coordinating teams for community activities like Relay for Life, Heart Walk - Other: Standard #8 - Planning Activities & Interventions 8.1 Programs listed below to be offered In 2010: - Awareness Progrem (Newsletters, payroll inserts, etc.) - Motivational Program (Lectures, Screening, Demonstretions, etc.) - Behavioral Change Program (Personalized coaching, Multi-week campains, etc.) - Cultural Support Progrem (Designed to change culture of unhealthy behaviors, these may include management support through policies, Incentive progrems, health food available for activities) 8.2 Promote AWC Trust wellness programs: - Health Questionnaire - Health Screening - Healthy Decisions Health Care Consumerism Campaign - Wellness Campaign 8.3 Offer at least one progrem targeted to address a group with low participation and a high risk or special need. 8.4 Promote the following tools and resources to assist employees in managing their personal health and wellness (Optional): - Medical Self Care Book - Access to Health Advice Line - Web based Health Tools 8.5 Providing health information on a regular basis addressing common risk factors such as weight, heart disease, blood pressure, etc. through the following communication mediums (Optional): - Speakers/Presenters - Videos - Newsletters - Demonstrations/Displays - Handouts/Flyers 8.6 Promoting the program using the following mediums (Optional): - Email - Intranet - In person - Department or team meetings - Flyers, handouts - Payroll Stuffers - Displays - Table Tents - Bulletin boards 8.7 Provide an example to AWC of a creative marketing strategy used in 2010 to promote the wellness program (Optional). Standard #9 - Evaluating Progress and Outcomes 9.1 Conduct at least four (4) short-term evaluations measuring participation, changes in attitudes, perceptions or behaviors. 9.2 Conduct at least three (3) long-term evaluations of programs or activities such as the Health Questionnaire. 9.3 Complete a comprehensive report of the wellness program such as the AWC °Wellness Program Activity Report" (Optional) ' 9.4 Use the following methods/tools to evaluate the program in 2010 - Participation - Program Completion - Participant satisfaction - Changes in attitudes and perceptions - Changes in biometrics measures - Risk factor status - Change in environment & culture - Productivity - Sick leave usage - Program awareness 9.5 Use participant feedback to make changes to the progrem to improve outcomes. • e � .R� Rewa rd s -:rt. �� =�. ° �,;�' ��":�.. BENEFET - �� I R U S I ; � � ' �' , �,�.� � b' � , _` � ,P>idf': � , . ,- 3 � .� � �. _ � . = :1 ' ' _ •��i � ��. B g � � ,: p . •� financial reward to members with outstanding wellness programs. 011 th@ hOf1Z011 � Trust members who earn the 2011 WellCity Award will receive a 2% prelhium discount on Regence BlueShield/Asuris Northwest Health employee and spouse This fatt, AWC will reveal the details premiurns. The discount will be applied to the fol(owing yeaPs premium. of an exciting new wellness incentive for employees and spouses! ' __ -�r, 1 ti _ ; ,,-,. ,. �; y .. � _, . � .. �� WeltCity Awards reco;nize proQramming completed durin, the previous year. To become a WellCity Award winner in 2011 and thus earn a premium discount • Additional details and the 2011 for 2012, your 2010 wetlness program must meet the WellCity Award criteria. WellCity Award application will Planning for your 2010 wellness progrem should begi� fall 2009. be available in August 2009 at www. awcnet. o rg / we l l n ess. Sample Timeline • A[tendAWC'sworkshopatthe Healthy Worksite Summit, October PLAN APPLY �, 2009 9n Bellevue and October 9 2009 in Spokane. Registration will Fall 2009 February 1, 2011 be available in August. • Begio plannin� 2010 wellness • Suhmit 2Q11 WellCity Award • Schedule a wellness program program to meet 2011 AWG Application to AWC consultation with one of AWC's WellCity Award criteria Wellness Works program staff. • Submit proposed 2010 Wellness May 2011 Contac[ Julie McDowell at Program Operating Plan to AWC for • Announcement of 2011 AWC ]uliem@awcne[.org, review & feedback WellCity Award winners (360) 753-4137 or (800) 562-$9� � • 2011 WellCityAwardwinners '��' IMPLEMENT are notified of their eligibility to �•/ City ° January - December 2010 receive the premium discount � la _ ,.�. • Implement wellness program thac � ili 5 4 d � � �� . t�- ; � ■ if :ry �;; _ ! ; c � .v i �� ..� , . CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Approval of the collective bargaining agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2010 — December 31, 2012. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: � BACKGROUND: The City of Spokane Valley negotiated with the Washington State Council of County and City Employees, Local 270V, AFSCME Union the attached collective bargaining agreement. It has been agreed upon by the negotiating parties subject to approval by the Council and ratification by the Union members. The Union members voted to ratify the agreement on November 23, 2009. This agreement includes provisions and updates to secure the City's ability to provide effective and timely services to the City and clarifies the employment relationship between the City and the represented employees. It also maintains consistency of providing a 2.5% increase on each January 1 of the contract beginning in 2010. This contract includes a one-time realignment of the City's pay matrix of 3.0 % addressing the recruitment and retention of City employees. The agreement is effective January 1, 2010 contingent upon approval by the Council. OPTIONS: Ratify the collective bargaining agreement, effective January 1, 2010 or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: I move to ratify the Collective Bargaining Agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2010 — December 31, 2012. BUDGET/FINANCIAL IMPACTS: Financial provisions will be provided in future budgets. STAFF CONTACT: John Whitehead, HR Manager ATTACHMENTS Collective Bargaining Agreement 1/1/2010 —12/31/2012 DRAFT AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND ' THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES LOCAL 270-V, AFSCME January 1, 2010- December 31, 2012 TABLE OF CONTENTS Pa�e ARTICLE 1 — EMBODIMENT ...................................................................................................... 1 ARTICLE — RECOGNITION ..................................................................................................... 2 ARTICLE 3— iTNION SECURITY ............................................................................................... 2 ARTICLE 4— SETTLEMENT OF DISPUTES ............................................................................. 4 ARTICLE — SENIORITY .............................................................................:.............................. 9 ARTICLE 6— BULLETIN BOARDS, UNION OFFICIALS TIME OFF AND VIS ITATION . ................................................................................................................... 10 ARTICLE 7— MANAGEMENT RIGHTS .................................................................................. 12 ARTICLE 8— PROBATION AND DISCIPLINE ....................................................................... 14 ARTICLE 9 — WAGES ................................................................................................................ 16 ARTICLE 10 — HOURS OF WORK ............................................................................................ 19 ARTICLE 11 — GENERAL PROVISIONS ................................................................................. 21 ARTICLE 12 — HEALTH AND WELL-BEING ......................................................................... 22 ARTICLE 13 — SICK LEAVE ..................................................................................................... 25 ARTICLE 14 — ADDITIONAL REASONS FOR LEAVE .......................................................... 26 ARTICLE 15 — VACATION LEAVE .......................................................................................... 28 ARTICLE 16 — HOLIDAYS ........................................................................................................ 29 ARTICLE 17 — DRUG TESTING ................................................................................................ 31 ARTICLE18 — LOCKOUTS ....................................................................................................... 31 ARTICLE 19 — SAVING CLAUSE ............................................................................................. 32 PREAMBLE This Agreement entered into by the City of Spokane Vailey, hereinafter referred to as the City, and the Washington State Council of County and City Employees, Loca1270-V AFSCME, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the City and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. TERM OF AGREEMENT This Agreement shall become effective on the 1 S ` day of January, 2010, and shall continue in full force and effect through the 31 s ` day of December, 2012. The City and Union agree to commence negotiations for a successor contract at least 60 days prior to the termination of the Agreement. If either party fails to provide notice of an intent to negotiate a successor agreement, the term of this Agreement will continue in full force and effect for the next year. ARTICLE 1 — EMBODIMENT 1.1 It is mutually agreed that the CiTy management and Loca1270-V shall work together individually and collectively to provide the public with efficient and courteous service, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in all departments of City government. 1.2 This Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement or practice shall add to or supersede any of its provisions. The parties acknowledge that during the negotiations which preceded this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right, and each agree that the other shall not be obligated to bargain collectively with respect to any mandatory subject of bazgaining not specifically refened to, or not settled, during the course of these negotiations. Such matters shall also not be subject to the grievance procedure. ARTICLE 2 — RECOGNITION The City recognizes the Union as the sole and exdusive bargaining representative for all eligible fulltime and regular part-time non-uniformed employees in professional, technical and clerical positions in the Executive and Legislative Support, Community Development, Public Works, Pazks and Recreation, and Operations and Administration Departments of the City of Spokane Valley, excluding supervisors, confidential employees, seasonal employees and casual employees. A seasonal or casual employee is any employee hired to work for no more than six continuous months or 1040 hours in a calendar year, whichever is greater. ARTICLE 3 — UNION SECURITY 3.1 Union Securitv. Each employee who, on June 1, 2006, is a dues-paying member of the Union, shall, as a condition of employment, maintain his/her dues-paying membership in the Union during the term of this Agreement. Employees who are not dues-paying members of 2 the Union prior to June 1, 2006 shall have the option of choosing to become or not become dues- paying members of the Union. New employees hired after June 1, 2006 shall, as a condition of employment, become a dues-paying member of the Union after thirty-one (31) days or as a condition of employment, any employee hired after June 1, 2006, who does not wish to be a dues-paying member of the Union, shall proportionately and fairly shaze in the cost oF the collective bargaining process by paying to the Union a maintenance fee equivalent to the amount of dues uniformly required of each member of the bazgaining unit. Should any employee be opposed to joining the Union by bona fide religious tenets or teachings of a church or religious body of which said public employee is a member, that public employee shall pay an amount of money equivalent to regular Union dues to a non-religious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which said public employee would otherwise pay the dues. The public employee shall furnish written proof that such payment has been made. If no decision can be reached on an acceptable charitable organization, the Public Employment Relations Commission shall designate the chazitable organization. Should a bargaining unit member who is required under the provisions above to become a dues-paying member and maintain such membership in good standing fail to do so after receiving notice of default from the Union, the Union shall provide the City with a request to terminate the employee's employment under this Article, and documentation substantiating the employee's noncompliance and receipt of notice of default. On a one-time basis, the City will offer the employee a one-week unpaid Decision Making Leave. At the expiration of the Decision Making Leave, the employee must comply with the above by paying his/her dues or entering into a payment plan with the Union to do so, paying a maintenance fee or the equivalent 3 to a charitable organization based upon bona fide religious tenets or teachings of a church, or leave the City's employ. 3.2 Dues Check-Of£ The City agrees to deduct, once each month, dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer of the Union. The Union shall notify the City at least thirty (30) days in advance of any changes in its fees. Dues shall be deducted one half each pay period. 33 Defense/Indemnitv. The Union agrees to defend, indemnify, and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 4— SETTLEMENT OF DISPUTES 41 Grievance Defined. A grievance is defined as any dispute involving the interpretation, application or alleged violation of any provisions of this Agreement. 4.2 Time Limits. Time limits within the grievance procedure may be waived or extended by the mutual agreement of both parties. If the Union, on behalf of the employee(s), fails to act or respond within the specified time limits, the grievance will be considered waived. If the City fails to respond within the specified time limits, the grievance shall proceed to the next step of the grievance procedure. 4 The day afrer the event, act or omission shall be the first day of a timeline under this Article. In the event a time limit under this Article ends on a weekend or holiday, the deadline will automatically be extended to the following business day. Submissions will be considered timely under this Article if they aze received by 5:00 p.m. on the last day called for under an applicable time limit. Submission of Grievances and Responses. All grievances not resolved at the supervisory level and requests for arbitration must be submitted to the appropriate Department Director and City's Chief Human Resources Officer or designee, by fax, hard copy, and/or electronic mail. The grievance shall include the facts giving rise to the grievance, the section(s) of the Agreement allegedly violated, and the remedy sought. All City responses will be submitted to the Union's Spokane business office by hard copy or fax. 4.21 Emplovee Representation. Grievances may be filed by the Union on behalf of an employee or on behalf of a group of employees. The grievance will state the name of the employee ar the names of the group of employees. The Union, as exclusive representative, is considered the only representative of the employee in each step of the grievance procedure and at any meetings scheduled to discuss a grievance. The Union has the right in each step of a grievance to designate the person who will represent the employee on behalf of the Union. 43.2 Resolution (a) Steu 1. Employees aze encouraged to attempt to resolve complaints through informal discussion with their supervisors. The parties are encouraged to 5 meet and discuss the issues raised in the grievance and explore options for resolving the grievance at each step in the dispute resolution process. The City and Union may also agree to by-pass any of the steps in the grievance process. (b) Step 2. If the parties are unable to resolve the grievance at the supervisor level, the Union, on behalf of the aggrieved employee shall submit the grievance in writing to the Department Director of the relevant department and Chief Human Resources Officer, within thirty (30) calendaz days of the day the employee or Union knew or reasonably should have known of the events giving rise to the grievance. The appropriate Department Director or designee shall respond to the grievance in writing within fourteen (14) calendar days of its receipt. (c) Sten 3. If the parties are unable to resolve the grievance afrer discussing the issue with the Department Director, the Union shall submit the written grievance to the City Manager within fourteen days of its receipt of the Department Director or designee's response. The City Manager or his designee shall respond in writing to the grievance withi❑ fourteen (14) calendar days following its receipt. (d) Sten 4. Should the preceding steps fail to resolve the grievance, the Union shall notify the City in writing within fourteen (14) calendar days after its receipt of the City Manager or designee's response of its intent to move the grievance to arbitration. 43 Arbitrator Selection. Within a reasonable period of time after receiving the Union's notification, the parties shall confer and attempt to agree on a neutral arbitrator. If unable to reach agreement, they shall request a list of eleven (11) arbitrators from the Federal Mediation Conciliation Services ("FMCS"). If the parties are unable to obtain a list from 6 FMCS, they may request a list from the Public Employment Relations Commission (PERC). The list shall be limited to arbitrators from Washington and/or Oregon. Within fourteen (14) calendaz days following the receipt of the list of eligible arbitrators, the parties' representatives shall meet to select an arbitrator. If the parties are unable to mutually agree upon an arbitrator, they shall each strike five azbitrators from the list in an alternating order, and the remaining arbitrator shall heaz the dispute. The party exercising the first sVike shall be the loser of a flip of a coin. 4.4 Rules Governing Arbitration. The arbitrator will: (a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement; (b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it; (c) Not make any awazd that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement, and shall limit any award of back pay or other remedy to no more than 30 days prior to the submission of the grievance in writing to the supervisor (unless the amount owing is due to a payroll error); and (d) Not reduce the discipline rendered if he/she finds there was just cause for disciplinary action as defined in Article 8.3 7 4.5 Arbitrator's Decision. The Arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post-hearing briefs, whichever is later. The decision shall be final, conclusive and binding on the City, the Union and the employees; provided that the decision does not include action by the azbitrator beyond his or her jurisdiction. 4.6 Arbitration Costs. The expenses and fees of the arbitrator and the cost (if any) of the hearing room will be shared equally by the parties. If either party desires a record of the arbitration, a court reporter may be used. If that party purchases a transcript, a copy will be provided to the arbitrator, free of charge. If the other party desires a copy of the transcript, it will pay for half of the costs of the fee for the court reporter, the original transcript and a copy. Each party is responsible for the costs of its staff representatives, attomeys, and all other costs related to the development and presentation of its case. 4.7 Election of Remedies. The parties agree that the grievance procedure contained in this Agreement shall be the employee's sole remedy for issues covered by this Agreement, provided that employees may also seek redress or review by an external body, whether administrative or judicial, of alleged violations of the employee's statutory rights. 8 ARTICLE 5 — SENIORITY 5.1 Job Classification Seniority Defined. The length of continuous service in the employee's job classification. 5.2 Seniority List. The City shall prepaze a list of full time employees showing their seniority and deliver the same to the Union on an annual basis. Upon completion of their probationazy period, new employees shall be added to the seniority list. The list shall reflect the employee's name, classification and date of appointment, classification seniority and length of service with the City. 53 Lavoff. A reduction in force is accomplished in accordance with this Article. 53.1 Purpose and Notice. In the event that the City determines that financial or operational needs require a layoff, the City will identify the specific position(s) and/or employees affected by the layoff, and will provide a minimum of fourteen (14) days notice to the employee(s) designated for layoff. 53.2 Selection of Lavof£ In the event there is more than one employee in a position identified for a reduction-in-force, the City shall consider the employee's ability, performance and qualifications to perform the remaining job; where ability, performance and qualifications are judged equal by the City, classification seniority will be the determining factor. 5.33 Lavoff Recall. Employees aze eligible for recall to the position in which they were laid off in the inverse order in which they were laid off assuming they 9 are qualified to perform the position. An employee on layoff must keep the City informed of the address and telephone number where he/she can be contacted. If the City is unable to contact the employee within ten (10) calendar days, the City's obligation to recall the employee shall cease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period exceeding nine (9) months. Should an employee not return to work when recalled, the City shall have no further obligation to recall him/her. ARTICLE 6— BULLETIN BOARDS, UNION OFFICIALS TIME OFF AND VISITATION. 61 Bulletin Boards. The City shall allow the Union to use a designated Bulletin Board for official Union postings. Material posted on the bulletin boazd shall be appropriate to the warkplace, and in compliance with state ethics laws, election laws and identified as Union literature. 6.2 Officers and Stewards. The Union shall furnish to the City an up-to-date list of officers and stewards and their work locations at least annually with changes as they occur to the Human Resources Department. 6.3 Union Officials Time Off for Collective Bareaining. Up to two union officials shall be granted up to two hours paid time-off to participate in each labor negotiation session on behalf of employees in the bargaining unit, provided that the request for time off is approved in advance by the supervisor. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if 10 the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time-sensitive assignment. 6.4 Union Activities. Shop stewards identified by the list cited in 6.2 above, may use paid time to conduct collective bargaining with the City as set forth in Article 6.3, attend investigatory interviews conducted by the City where the employee reasonably expects discipline will follow and has requested Union representation (Weingarten interview), and represent employees in grievance meetings and Loudermill heazings with the City. Except as set specifically forth above, the City shall not compensate bargaining unit employees and shop stewards for union related activities. Union officers, stewazds and negotiating team members must notify their supervisors before performing any representational activities that will take them away from work for a period of longer than fifteen (15) minutes, and all such time must be recorded on the employee's time sheet. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the . employee's presence is necessary to complete a time-sensitive assignment. 6.5 Visitation With reasonable advance notice, a representative of the Union may visit the work location of the employees covered by the Agreement at a reasonable time for the purpose of investigating grievances. Said representative shall limit his activities during such investigations to matters relating to this Agreement, and such visits shall be conducted in a manner that will not be disruptive to City operations or interrupt employees' work time. Work hours shall not be used by employees or the Union for the promotion of Union affairs other than as stated above. 11 ARTICLE 7 — MANAGEMENT RIGHTS 7.1 Mana¢ement Rights. The City reserves the right to manage its affairs in accord with its lawful mandate, and retains all management powers and authority recognized by law and not specifically abridged, delegated or modified by the terms of this Agreement. 7.2 Examples of Management RiQhts. The City's sole and exclusive rights include, but are not limited to, the rights to: 7.2.1 Plan, direct and control all operations and services of the City; 7.2.2 Establish the mission, budget, strategic direction, service levels, staffing levels and resource requirements for all operations and services; 7.23 Develop, interpret, amend and enforce reasonable written policies, procedures, rules or regulations governing the workplace, including those described in the City's Administrative Policies and Procedures, as amended from time to time, provided that such policies, procedures, rules and regulations do not conflict with the - provisions of this Agreement; 7.2.4 Determine the methods, means, organization and number of personnel by which such operations and services shall be made or purchased; 7.2.5 Supervise, transfer, promote and direct employees; 7.2.6 Plan and implement any reductions in force, including the determination of the reason for any reduction in force and the identification of the specific position(s) orjob classifications affected by a reduction in force; 12 7.2.7 Assign work, schedule the hours of work, alter work schedules, and assign or change work locations, subject to Article 10; 7.2.8 Authorize overtime; 7.2.9 Establish the duties and responsibilities of positions and employees, including the development and alteration of classification and job descriptions; 7.210 Establish and implement policies and procedures for evaluating the performance of employees; 7.2.11 Determine all levels of staffing, including the number of employees and other personnel to be assigned to duty at any time; 7.2.12 Recruit, hire and promote employees into positions based on standards established by the City; 7.2.13 Determine whether duties, tasks, or services should be performed by non-unit personnel, including other employees, volunteers, Department of Labor and Industries' workers, interns or third party contractors. However, if the City's proposed use of the above would reduce the number of authorized full time positions in each classification in the bazgaining unit as of June 1, 2006, the parties agree to abide by RCW 41.56; 7.2.14 Discipline or discharge probationary employees as it deems appropriate, and to discipline or discharge employees who have completed probation for cause as set forth in Article 8.3; 13 7.2.15 Perform all other functions not expressly limited by this Agreement. 73 Bar¢aining Obligation. Except as provided by this Article, the parties acknowledge their obligation to bazgain regarding matters affecting wages, hours and working conditions. ARTICLE 8— PROBATION AND DISCIPLINE 8.1 All new employees will be required to serve a probationary period of six (6) months from the date of hire. The probationary period may be extended up to six (6) months at the City's discretion. The City may discharge a probationary employee at its sole discretion and without just cause upon written notice to the employee and the Union. Employees serving their probationary period shall have no access to the Settlement of Disputes procedure in Article 4 above. Employees shall accrue sick and vacation leave benefits under this Agreement during their probationary period, but shall not be entitled to use vacation benefits until they have successfully completed their probationary period. 8.2 Promotion Probation. It is the policy of the City to advertise position openings. Qualified employees may apply for vacant City positions that represent a promotional opportunity for a current employee. All employees receiving a promotional appointment will serve a six (6) month probation. The probation may be extended an additional six months at the City's discretion. During the probationazy period, an employee may revert to his/her previously held position if the position is vacant or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the position. If the City determines that an 14 employee is not succeeding in his/her new position, the employee may also revert to the employee's previously held position if the position is vacant, or filled by a temporazy or casual employee, and the employee still meets the minimum qualifications for the position. If the position is not vacant or the employee no longer meets the minimum qualifications, the employee will be terminated and available for recall under Article 53. The City's determination that an employee has not succeeded in a position during this probationary period may not be challenged through the grievance procedure. Nothing in this Article is intended to affect the City's right to discharge or otherwise discipline a probationary employee for misconduct. 83 Discipline. The City has the right to reprimand, suspend, demote or terminate nonprobationary employees for just cause. For purposes of this Agreement, the parties agree that just cause means a legitimate and reasonable reason for discipline. Discipline generally will be progressive, however, serious misconduct may be grounds for immediate termination. The determination of whether circumstances warrant immediate suspension or termination shall be made by the City. 8.4 Notice and Appeal Rights. The City will advise employees that they have the right to request union representation during an investigatory interview with the City in which they are the subject of alleged misconduct that may result in disciplinary action. Employees shall have the right to a Loudermill heazing if the proposed discipline involves a demotion, suspension or termination. Employees who have been demoted, suspended or terminated have the right to appeal such actions through the Settlement of Dispute procedure if they submit their grievance in writing to the Chief Human Resources Officer within ten (10) working days of the date the discipline was issued. Oral reprimands are not subject to the Settlement of Dispute 15 procedure. Written reprimands can only be processed through Step 2 of the Settlement of Dispute procedure, and may not be taken to arbitration. ARTICLE 9 — WAGES 9.1 Salarv Matrix. A schedule of all job classifications, their salary ranges and possible steps for progression are set for[h in the Appendix A to this Agreement. As set forth in Article 93, the City retains the discretion to grant or deny a step increase based upon an employee's performance, as determined by the City. The Salary Matrix for positions covered by this Agreement may be amended from time to time by mutual agreement of both parties. Beginning 1-1-2010, the salary matrix as of December 31, 2009 will be increased across the board to reflect a 2.5% increase. Beginning 1-1-20ll, the salary matrix as of December 31, 2010 will be increased across the board to reflect a 2.5% increase. Beginning 1-1-2012, the salary matrix as of December 31, 2011 will be increased across the boazd to reflect a 2.5% increase. 9.2 Salarv Ste�. An employee will typically be hired at Step 1 in their job classification range of the City's Salary Matrix. At the City's discretion, employees may be hired at a step higher than Step 1 in the Salary Matrix. 93 Step Increase. Annually on the first day following the employee's anniversary date, the employee's monthly base salary will be increased, at a minimum, to the next step in the Salary Matrix if the employee's annual twelve (12) month performance evaluation indicates 16 satisfactory job performance as determined by the City. Once an employee's salary reaches the open range in the Salary Matrix, the City may grant the employee a zero to six percent increase based upon the employee's performance as determined by the City. Within ten days of receiving his/her annual performance evaluation, the employee may meet with Human Resources to discuss the annual performance evaluation to provide any information they may want the City to consider prior to a decision on the step increase. The City retains the sole right to determine the amount of the percent increase. An employee's anniversary date is defined as their date of hire or most recent date of reclassification as adjusted with Leave of Absence Without Pay as defined by City Policy 200.530, Miscellaneous Leaves. If the employee's annual performance evaluation indicates below-satisfactory performance as determined by the City, the employee may not be increased to the next step in the Salary Matrix. The City may reevaluate the non- increased employee a$er 180 days, and if a non-increased employee's performance is satisfactory at the end of that review period, the City may increase the employee's monthly base salary to the next step in the Salary Matrix. If a non-increased employee's performance remains below satisfactory at the end of the 180 day period as determined by the City, the employee will remaimat their current step until their next regular twelve (12) month performance evaluation. The City shall have the exclusive right to evaluate an employee's performance, and such performance evaluations will not be subject to the Settlement of Disputes procedure set forth in Article 4. 9.4 Overtime. Permanent hourly employees shall be compensated at time and one- half (1-1/2) the employee's hourly rate of pay for all work performed in excess of forty (40) hours in any workweek. All overtime must be pre-approved in writing by the Employee's Supervisor except in emergency situations, in which case the overtime must be approved in 17 writing as soon as reasonably possible. Employees will not be allowed to receive more than one overtime rate or premium pay for the same hours worked. 9.5 Exempt Personnel. Each exempt employee shall be credited with forty hours of administrative leave at the beginning each calendar year. Employees hired after January 1 of a year shall receive a prorated amount of such leave. Accrued Administrative Leave must be used in the year in which it is accrued. 9.6 Social Securitv Substitute Plan. The City has chosen not to opt into the federal Social Security System for eligible employees who were otherwise covered by a qualified retirement system. Instead, the City participates in a 401A social security substitute plan. The City will make benefit contributions as provided for in City Resolution 03-020 as may be amended from time to time. 9.7 Pension. The City and Employees shall participate in the Washington Public Employees' Retirement System as set forth in RCW 41.44. 9.8 Dual Grade Positions. When a position is established by the City having two or more pay grades, the initial placement of an employee into a grade will determine the grade they will remain in except by the promotion or reclassification of the employee to a position having a higher pay grade. 9.9 After review of the salary matrix by the City, effective 1-1-2010 a comprehensive matrix amendment will be made to the City's salary matrix resulting in a 3.0% increase to each grade. 18 ARTICLE 10 — HOURS OF WORK 10.1 Work Schedules/Shifts. The standard workweek for purposes of computing overtime for hourly employees shall begin at 12:01 a.m. Monday and shall conclude Sunday at 12:00 midnight. The City may assign appropriate work schedules and shifts. The City may alter work schedules and shifts with seven days advance notice to the employee (the City retains the right to make temporazy modifications to the schedules of employees without notice to meet Department and City needs). 10.1.1 Compressed Work Schedules. With the City Manager's approval, employees may be allowed to work compressed work schedules using alternative work weeks. The alternative work week will determine the computation of hours worked, the length of the meal period as well as the computation of overtime compensation. The City retains the right to end the compressed work schedule of an employee or group of employees at any time. Compressed work schedules shall not interfere with the City's ability to provide service to customers nor shall they cause a budgetary impact. The denial or ending of a requested compressed work schedule is not subject to the settlement of disputes article set forth in this agreement. 10.2 Work Dav. The normal working hours for full-time employees are eight hours, from 8:00 am to 5:00 pm Monday through Friday, with an unpaid one hour lunch period. The City retains the right to schedule or require employees to retum to work outside these hours and days to meet Department and City needs. 19 10.2.1 Return to Work. Employees may be required to respond during off-duty times to retum to work when operational needs of the City require them to do so. 10.2.2 Employees notified of an anticipated need for them to return to work will provide the City a current contact phone number and be ready, willing and able to return to work as soon as possible (i.e. 30 to 45 minutes). 10.23 Employees will be paid at their normal rate of pay afrer arriving at the designated work site and beginning to perform the duties required. If the response causes an hourly employee to exceed 40 hours of actual work in their assigned workweek, overtime compensation will apply. Employees required to physically return to work will be allowed to work a minimum of two hours. If the amount of work that required the employee to respond takes less than two hours to complete, employees may choose not to work the entire two hours. Employees will only be paid for the hours they actually worked. If the employee is able to complete the work from home they will only be paid for time they actually worked. 103 Department Directors also have the discretion to grant ao employee's request to adjust his/her hours of work so thatthe employee begins his/her wark schedule up to an hour eazlier or later than the normal 8:00 am starting time and completes his/her work day up to an hour earlier or later than 5:00 pm. for a total of not less than eight hours of work. In exercising this discretion, Department Directors may consider a number of factors, which may include the employee's preference, customer needs and the CiTy's ability to best serve the public. The Department Director's decision to grant or deny a request to modify the work hours as set forth in this section is not subject to the Settlement of Disputes procedure. 20 10.4 Meal and Rest Periods. Employees will receive one hour off, without pay, except as provided in 10.1.1 for a meal during any shift lasting longer than five (5) hours. Meal periods shall be scheduled by the supervisor in light of a number of factors, which may include the employee's preference, customer needs and the City's ability to best serve the public. Meal periods may not be banked for late arrival or early departure from work. 10.5 Rest Periods. Employees shall receive a fifteen (15) minute paid rest period for each four (4) hours worked. Employees need not be given a scheduled rest period when the nature of the work allows intermittent rest periods that total fifteen minutes during each four hours of work. Intermittent is defined as intervals of short duration in which employees are allowed to relax and rest, or a brief inactivity from work or exertion such as the time spent on a personal phone call, or taking a smoking break. Such rest time shall total fifteen minutes per four hours of work. Rest breaks may not be skipped and banked to be used for late arrival or early departure from work or for purposes of receiving overtime. ARTICLE 11— GENERAL PROVISIONS 11.1 No Dis�rimination. The City and the Union mutually agree that there should be no unlawful discrimination against any Employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, national origin, mental or physical disability, mazital status, honorably discharged veteran or militazy status, use of a trained dog guide or service animal by a person with a disability or Union activity. All references to Employees in this Agreement designate both sexes. 21 ll.2 Rules. The CiTy reasonably expects its employees to meet high standards of performance to ensure the City provides quality public service. The Union recognizes the City's inherent and traditional right to establish reasonable work rules, and require their observance. Copies of any new rules or amendments to existing rules shall be provided to the Union 14 days prior to their implementation except in emergency circumstances. 11.3 New and Terminated Emplovees. The City agrees to notify the Union at the end of each calendar quarter if new eligible bargaining unit employees are hired or terminated during that quarter. Such listing shall contain the names of the employees, along with theirjob dassifications, and work locations. 11.4 Labor Management Meetin¢s. It is mutually agreed that the negotiating committee for Loca1270-V and the negotiating committee for the City shall conduct regular labor/management meetings for the purpose of resolving problems that may arise. Safety items shall be included as eligible topics for discussion in labor/management meetings. Meetings shall be conducted quarterly, but they may be scheduled more or less ofren by mutual agreement. ARTICLE 12 — HEALTH AND WELL-BEING 12.1 Insurance Plan. For the duration of this Agreement, the City shall make available an insurance program offered through the Association of Washington Cities or other provider consistent with article 12.4, or in conformity with state and/or federal law, to regular full-time and regular part-time employees and their eligible spouses/dependents, including medical, dental, vision, and employee long-term disability insurance coverage. This insurance program includes the following plans as they currently exist or as may be amended from time to time. 22 12.1.1 Medical Insurance. Employees may choose between the following medical plans: AWC HealthFirst or AWC Group Health Cooperative Copay Plan 2 as may be amended from time to time. The City shall pay up to the following base contribution rates for full-time eligible employees based upon the coverage chosen by the employee: $353.55 for employee coverage $524.70 for employee and one dependent coverage $707.65 for employee and spouse coverage $666.10 for employee and two or more dependent coverage $878.80 for employee and spouse and one dependent coverage $962.27 for employee and spouse and two or more dependent coverage Should the 2010 contribution rates as required by AWC or any future plan provider exceed the base contribution rates set forth above, the City will pay sixty percent (60%) of the increase and empioyees will pay forty (40%) of the increase. Should the 2011 contribution rates as required by AWC or any future plan provider exceed the base contribution rates set forth above, the City will pay sixty percent (60%) of the increase and employees will pay for[y (40%) of the increase. Should the 2012 contribution rates as required by AWC or any future plan provider exceed the base contribution rates set forth above, the City will pay sixty percent (60%) of the increase and employees will pay forty (40%) of the increase. The employee's share of any contribution rates as set forth above shall be.deducted one half each pay period from the employee's paycheck. 23 12.1.2 Regular Part-Time Emplovees. The City will contribute a pro-rata amount of the cost of employee and dependent health coverage for part-time employees based upon the number of hours worked and according to the terms of the providec Such contribution shall not exceed the current pro-rated contribution rate consistent with the terms of 12.1.1. 12.13 Dental The City will provide eligible full time employees and their dependents, if any, covered under their medical plan, with dental coverage through AWC Washington Dental Service Plan B, as may be amended from time to time. 12.1.4 Vision Insurance. The City will provide eligible full time employees and their dependents, if any, covered under their medical plan with vision insurance through the AWC Vision Service Plan as may be amended from time to time. 12.1.5 LonQ-Term Disabilitv Insurance. The City will provide long-term disability insurance for eligible full time employees through the AWC Standard Insurance Long Term Disability Option 1, as may be amended from time to time. 12.2 Life Insurance. The City will provide a life insurance benefit equal to one-times the employee's annual salary for all regular full time employees. 12.3 Emplovee Assistance Program The City will participate in an Employee Assistance Program (EAP) in order to provide confidential assistance to employees on family, work, personal or substance abuse issues. EAP assistance may be initiated by either the employee or the employer. 12.4 Cost Containment. In the interest of containing costs, the City may elect different insurance carriers and adopt different insurance plans than those currently described in Article 24 12.1. The Union shall be advised of these changes and must request bargaining of those changes within five days of receiving notice or shall be deemed to have consented to the changes. 12.5 ChanQes to Insurance Plans. In the event that the health plan providers cause changes to the benefits included in the health insurance plans specified in this Article during the term of this Agreement, the City will notify the Union of those changes. ARTICLE 13 — SICK LEAVE 13.1 Sick Leave Accrual. Full-time employees shall accrue sick leave at the rate of eight (8) hours for each completed calendar month of active service; provided that an employee does not have more than ten (10) days leave without pay in that month. Pazt-time employees shall accrue sick leave on a prorated basis. 13.2 Use of Accrued Sick Leave. Employees' accrued sick leave balances will be charged for the actual time of any sick leave used. Accrued sick leave may be used only for the employee's own illness or injury, for preventative care or as authorized by RCW 49.12.270 and the Washington Family Caze Rules, WAC Chapter 296-130 as may be amended from time to time. The City shall have the right to send an employee home and require the use of accrued sick leave if it reasonably believes the employee is unfit for duty or the employee's illness or injury prevents proper performance of the job and/or unreasonably exposes other employees to illness. The City shall also have the right to require an employee to undergo a fitness-for-duty examination before retuming to work. 13.3 Sick Leave Verification. Employees must notify their supervisor as soon as reasonably possible when they will be absent due to illness or injury. The City may require a 25 written medical certificate for absences of three (3) or more consecutive days, where excessive absenteeism or tazdiness occurs, or where there is reason to suspect sick leave abuse. Abuse of sick leave or excessive absenteeism or tardiness may be grounds for disciplinary action, up to and including termination. An employee retuming to work after a sick leave absence of three (3) or more consecutive days may be required to provide written certification from his or her health care provider that the employee is able to return to work and perform the essential functions of the job with or without reasonable accommodation. 13.4 Annual Sick Leave Carrv-forward and Cash-out. Accrued sick leave may be carried forward at year end, provided that no employee may accrue more than seven hundred twenty (720) total hours of sick leave. After an employee has accrued 720 hours of sick leave, the employee may convert up to ninety six (96) hours of sick leave to cash. For purposes of converting sick leave to cash, each hour of accrued sick leave shall be paid out by valuing the same as 25% of the employee's regular wage. For example, 96 hours of sick leave may be converted to 24 hours of regular pay. Any payout will be included in the last pay period of the year. ARTICLE 14 — ADDITIONAL REASONS FOR LEAVE 14.1 Familv Medical Leave. Employees shall receive family medical, disability, exigency/care for a service member or pregnancy leave as required by state and federal law. Employees must use any accrued and available paid ]eave as part of their Family Medical Leave, except as otherwise authorized by the City Manager. Once all available paid leave has been exhausted, any remaining period of Family Medical Leave shall be without pay. Accrued paid 26 leave is available under this section if its use is permitted for the type of absence for which the employee has taken Family Medical Leave. 14.2 Leave Without Pav. At the City's sole discretion, the City may grant a leave without pay. Such leave shall not extend beyond 26 weeks, unless required by law. 143 Bereavement Leave. An employee may use up to three days of accrued sick leave as bereavement leave in the case of a death to a member of the employee's immediate family. The Deputy City Manager may grant employees the ability to use up to two additional days of accrued sick leave or Leave Without Pay for this purpose in extenuating circumstances. Immediate family shall be defined as spouse, mother, father, mother-in-law, father-in-law, children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents and grandchildren. Bereavement leave is to be used to arrange for and/or attend funeral activities. 14.4 Jurv and Witness Leave. Employees subpoenaed to appear for jury service or as a ' witness in a court proceeding unless the employee is the moving party in an action against the City, will receive pay at their regular rate of pay for work hours missed because of their required service. Employees must notify their supervisors upon receipt of a subpoena for jury or witness duty, keep their supervisors apprised of the schedule for their jury or witness duties, and report to work when the court schedule permits. The City may require documentation confirnung the participation as a juror. Any compensation paid to an employee for jury or witness service, other than reimbursement for expenses, must be paid to the City. 14.5 Militarv Leave. Employees shall be entitled to military leave in accordance with state and federal law. 27 Unless prohibited by military necessity, employees must provide the City with a copy of their orders at the time they request military leave. Requests for military leave shall be made as soon as reasonably practical after the employee learns of the need for such leave. 14.6 Donated Leave. Where an employee has exhausted his/her leave banks and the City determines that a catastrophic health situation exists, the City will implement a donated leave policy. The City will determine the terms of the policy based upon the circumstances that exist at the time, however, employees shall be entitled to donate up to twenty percent of their qualifying leave banks as long as the other terms and conditions of the policy are met. ARTICLE 15 — VACATION LEAVE 15.1 Vacation Accrual. Full-time employees shall accrue vacation at the rates set forth below. Part-time employees shall accrue vacation on a prorated basis. During Years of Continuous Emplovment Monthly Accrual Rate Date of Hire through5 yeazs 8 hours per month 6 through 9 years 10 hours per month 10 or more years 12 hours per month One half of the monthly accrued vacation hours shall be credited on the last day of each pay period. Employees who are in unpaid status for more than ten (10) working days in a month will not accrue vacation leave during that month. 28 Nothing in this Article or Agreement limits the City Manager's authority to place highly experienced new employees higher on the vacation accrual table in recognition of their previous experience as part of an offer of employment, or to provide greater benefits than provided in this Agreement. 15.2 Maximum Vacation Accrual. Employees may accrue vacation up to a maximum ofthree hundred sixty (360) hours. 153 Use and Schedulin¢ of Vacation. Vacation leave must be scheduled with the advance approval of the employee's supervisor based upon the needs of the department. At their election, employees may use vacation in place of or in addition to sick leave for any of the purposes described in Section 13.2. Employees using vacation for this purpose aze expected to provide their supervisor notice of their absence as described in Section 133. Employees' accrued vacation balances will be charged for the actual time of any vacation used. 15.4 Cash-out of Vacation. Employees will be paid for their accrued but unused vacation upon their termination of employment with the City at the regular rate of pay in effect as of the date of termination. ARTICLE 16 — HOLIDAY5 16.1 Paid Holidavs. The following days aze paid holidays for all regulaz full and part- time employees: 29 New Yeaz's Day January 1 Martin Luther King Day 3` Monday in January President's Day 3` Monday in February Memorial Day Last Monday of May Independence Day July 4 Labor Day l Monday of September Veteran's Day November 11 Thanksgiving Day 4` Thursday of November Day after Thanksgiving Christmas Day December 25 When a holiday falls on a Saturday, the preceding Friday will be the holiday. When a holiday falls on a Sunday, the following Monday will be the holiday. 16.2 Holiday Pay. Eligible full-time employees will receive eight (8) hours of pay at their straight-time rate for each holiday. Part-time employees will receive holiday pay on a prorated basis. 16.3 Eli ibility for Holidav Pay. Employees are eligible for holiday pay if they are in paid status on'their regular, scheduled work day preceding the holiday and the day immediately following the holiday. 16.4 Hours Worked on a Holidav. Employees required to work on a holiday will receive straight time for all hours worked on that day. They shall also receive holiday pay or another day off during the month in which the holiday was celebrated, with the advance approval 30 of the employee's supervisor, or the employee shall receive holiday pay rather than the equivalent time of£ 16.5 Holidav Observance. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. ARTICLE 17 — DRUG TESTING 171 The City may require an employee to have a drug or alcohol test where there is a reasonable suspicion that an employee is impaired or under the influence of alcohol or drugs while on duty, following an accident or incident involving the employee, upon return to work from a protracted leave of absence, in conjunction with a D.O.T. or other regularly scheduled physical examinations, or pursuant to applicable law or regulation. 17.2 Where the City elects to perform a drug or alcohol test as set forth in this agreement, refusal by the employee to submit to the drug or alcohol screen, or a positive test result, may result in termination or other disciplinary action as determined by the City, subject to the grievance procedure. ARTICLE 18 — LOCKOUTS 18.1 Lockouts. No lockout of employees shall be instituted by the City during the term of this Agreement. 18.2 No Strikes. The Union and employees agree that there shall be no strikes, slowdowns, or stoppage of work. Any employee who violates this provision may be subject to disciplinary action, up to and including termination. 31 ARTICLE 19 — SAVING CLAUSE It is the intention of the parties hereto to comply with all applicable provisions of the State or Federal law, and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with, unless any of such provisions shall be declared invalid or inoperative by a Court of final jurisdiction. In such event, either party may request renegotiation of such imalid provisions for the purpose of adequate and lawful replacement thereof; provided, however, that such findings shall have no effect whatsoever on the balance of this Agreement. SIGNED AND DATED THIS DAY OF , 2009. FOR THE CITY: FOR THE UNION. City Manager President City Clerk Vice President Approved as to Form: Dean Vercruysse, Staff Representative City Attorney 32 Appendix A EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE 2010 Salary Schedule Effective 1/1/2010 Position Title Grade 2010 Range Ci Mana er Unclassified De u Ci Mana er 21 or 22 $8,460 $1 $12,052 Ci Attarne 21 $8,460 - $10,846 Communi Develo ment Directar 21 $8,460 -$10,846 Finance Director 21 $8 460 - $10,846 Public Works Director 21 $8,460 - $10,846 Parks and Recreation Director 19 $6,852 - $8,786 Human Resources Mana er 18 $6,168 - $7,907 Plannin Mana er � 18 $6,168 - $7,907 Buildin Official 18 $6,168 - $7,907 Senior En ineer - Ca ital Pro'ects Develo ment 18 $6 168 - $7,907 De u Ci Attorne 18 $6 168 - $7,907 SeniorEn ineer-Traffic,ClPPlannin /Grants 17 $5551 - $7,116 Accountin Mana er 17 $5,551 - $7,116 � Ci Clerk 16 $4 995 - $6,404 En ineer 16 $4,995 - $6,404 Senior Plans Examiner 16 $4,995 - $6,404 Public Works Su erintendent 16 $4,995 - $6,404 Senior Administrative Anal st 16 $4,995 - $6,404 SeniorPlanner 16 $4,995 - $6,404 Associate Planner 15 $4,496 - $5,764 CenterPlace Coordinator 15 $4,496 - $5,764 . Database Administrator 15 $4,496 - $5,764 Assistant En ineer 15 $4,496 - $5,764 IT S ecialist 15 $4,496 - $5,764 En ineerin Technician II 15 $4,496 - $5,764 Human Resource Anal st 14 $4,047 - $5,188 AccountanVBud etAnal st 14 $4 047 - $5,188 AdministrativeAnal st 14 $4,047 - $5,188 AssistantPlanner 14 $4,047 - $5,188 Buildin Ins ector II 14 $4,047 - $5,188 Plans Examiner 14 $4,047 - $5,188 Public Information Offcer 14 $4 047 - $5,188 En ineerin Technician I 14 $4,047 - $5,188 Senior Permit S ecialist 14 $4,047 - $5,188 Maintenance/Construction Ins ector 13 or 14 $3,642 - $5,188 Recreation Coordinator 13 or 14 $3 642 - $5,188 Customer Relations/Facilities Coordinalor 13 $3,642 - $4,669 Code Enforcement O�cer 13 $3 642 - $4,669 Buildin Ins ector I 13 $3,642 - $4,669 Plannin Technician 13 $3 642 - $4,669 De u Cit Clerk 12 or13 $3,279 - $4,669 Senior Center S ecialist 12 or13 $3 279 - $4,669 Human Resources Technician 12 or13 $3,279 - $4,669 Administrative Assistant 11 or 12 $2,950 - $4,202 Permit S ecialist 11 or 12 $2,950 - $4,202 Accountin Technician 11 or 12 $2,950 - $4,202 Maintenance Worker 11 or12 $2,950 - $4,202 Office Assistant II 10 or 11 $2,655 - $3,782 Custodian 10 $2 655 - $3,403 Office Assistant I 9 or 10 $2,390 - $3,403 84 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Change Order Authority - Sprague/Pines PCC Intersection Project (#0103) PREVIOUS COUNCIL ACTION TAKEN: Informational Memo regarding SRTC Cail for Projects utilizing Federal Transit Authority (FTA) 5307 grant funds, February 6, 2007; Study Session reviewing proposed list of projects, February 20, 2007; Approval of list of project applications, February 27, 2007; Information on STA grant agreements, December 2, 2008 Council Packets; December 9, 2008 Approval of STA Cooperative Agreements; February 10, 2009 Info RCA on upcoming Public Works Project Council Action; Bid award to Acme Concrete on April 14, 2009. BACKGROUND: The City of Spokane Valley received funding from the Spokane Transit Authority (STA) for replacing the following three intersections with Portland Cement Concrete (PCC); Sprague/Pines, Sprague/McDonald, and Sprague/Evergreen. STA has agreed to combine the funding on all three projects to account for overages and shortfalis on individual projects. The Sprague/Pines project was bid and awarded to Acme Concrete Paving, Inc. in the amount of $634,428.25. There have been eight change orders to the contract approved during the course of this project. The total amount of change orders through #8 is equal to $171,664.75. According to Spokane Valley Municipal Code section 3.35.010(C) the City Manager's change order authority for this particular construction contract is as follows: C. On contracts for which prior city council approval is required and received, the city manager shall have authority to execute any amendments or change orders which, when aggregated, are less than l5 percent of the original contract amount, or up to $200,000, whichever is less. Though the $200,000 limit for change orders has not been exceeded on this project, Change Order #8, in the amount of $127,101.30, was inadvertently approved even though it exceeded the 15% limit of the original construction contract amount. Thus it should have been brought to council for approval. This change order covered the payment for increased quantities of material determined to be necessary once work in the field began. Payment for these increases is required by the specifications. We have re-reviewe.d the City Manager's change order authority with staff to help ensure this situation will not occur in the future. We have one final minor change order that needs approval to close out the project. Change Order #9 provides payment for "Portland Cement Concrete Compliance AdjustmenY' in accordance with WSDOT Standard Specification 5-05.5 and 1-06.2(2)B. Based on the concrete quality test results the specifications require that we pay the contractor a 5% bonus because the concrete provided exceeds the specified quality requirements. Staff requests council approval to provide $200,000 in City Manager change order authority for this project to ratify the approval of Change Order #8 and approve Change Order #9. OPTIONS: 1) Approve $200,000 in City Manager change order authority for the Sprague/Pines PCC Intersection Project; 2) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve $200,000 in City Manager change order authority for the Sprague/Pines PCC Intersection Project. BUDGET/FINANCIAL IMPACTS: This project is reimbursable up to 79.5% with a grant from STA. There are sufficient STA grant resources and 2009 Street Capital Projects Fund resources to cover the cost of these change orders. The total costs of 2009 STA funded concrete intersection projects are below the projected combined budget for all three projects. STAFF CONTACT: Steve M. Worley, P.E. — Senior Capital Projects Engineer Neil Kersten, AIA — Public Works Director ATTACHMENTS: Summary list of project change orders, Copy of Change Order #8, Copy of proposed Change Order #9. ChangeOrderSummary � Pines and Spregue PCCP Intersection Capital improvement ProJect Na 103 Contrect Final No Descriotion Amount Cost 1 Furnish and Install Geotextile in weak subgrade areas $1,680.00 $1,905.12 Week subgrade was discovered on the north side of Sprague Avenue. 2 Furnlsh and install 3 ITS pull boxes $7,500.00 $7,500.00 The tree pull boxes where shown on the plans, but were not Included in the bid. 3 May 20 lost production Overex $1,739.00 $1,739.00 ' (This settled a delay claim resulting from soft subgrade discovered just before paving) 4 Extendfng the project matchline 31 feet east $16,546.45 $16,546.45 The match line to existing pavement was extended to improve and smooth the ride. 5 Reuse Drywell extavation as embankment $1,848.00 $1,848.00 This saved money by allowing good excavated materfal to be reused 6 Storm Dra(nage additions $15,250.00 $24,150.00 This CO paid for strom drafn modiffcations to get around existing underground phone utilites. 7 No cost two day time extension $0 $0 Extra time granted to remove unsuftable excavatfon and work around unknown utllities. 8 Overage Change Order $127,101.30 $127,101.30 Accounting CO for major 61d item quantity overruns Including $27,45� to remove unsuitable subgrade, $52,494.30 for additional crushed surfacing top course placed in the subgrede. 9 Portland Cement Concrete Compliance Adjustment $6,681.00 $6,681.00 CO pays bonus for the good quality concrete that was overlooked in previous payments. Totai $178,345.75 $187,470.87 1 � � crrv oF Public Works Deparfinent �� Cap(tal lmprovemenf Program ��1�� 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206 509.921.1000 0 Fax: 509.921.1006 0 dtyhaLlOSpokanevalley.org ernorandu Date: July 17, 2009 To: Steve Worley, Neil Kersten From: Cralg Aldworth Re: Change Order 8 for Sprague Pines PCCP Intersectlon Project, CIP 0103 Budget Account No. 303.303.0103.595.30.63.00 Acme Concrete Paving Contract 09-D24 Change Order 8 identifies and provides payment for seven unit cost bid items that have had large quantity overvruns. Payment for each of these bid items in Schedule A has been capped at the bid quantity. All quantities above the bid quantity are paid for under the Change Order. Over-run Unit te No Descrintion ,U�iit Qua tit rice Total 6 SawcutAC or PCC Pavement LF-IN 90726 $1.00 �10,726.00 14 Roadway Excavatlon Incl. Haul CY 1830 $15.00 �27,450.00 15 Abandon Existing Drywell EA 5.5 $900.00 �4,950.00 18 Crushed Surfacing Top Course TN 2916.35 $18.00 �52,4°4.30 Cement Concrete Pavement 10" Thick, 24 Incl. Dowels SY 259.5 �25.00 �6,457.50 Furnishing Concrete for Cement Concrete 25 Pavement CY 163.5 $120.00 519,620.00 51 Temporary Pavement Marking LF 4885 51.10 5$ 373.50 $127,101.30 Total estimated cost (incl. tax) for this Change Order work is $127,101.30, paid for by an 79.5% STA grant and the City of Spokane Valley. There are sufficient funds in the project budget to cover these costs, The Change order adds 0 days to the Contract time. Original Contract amount = $634,428.25 � Previous Change Order Cost = $44,�63.45 � Change Order #8 Cost = $127.10130 Project Contract Amount including Change Order �#8 = $806,093.00 Remaining P.W. Director Contcact Authority after CO #7 530,436.55 I This Change Order requires Cify Administrator Approval � r Public Works ' ctor Project lanager i Cc: DepuTy City M r, Finance Department f ILE �OPY � ( SpOkari� "J 0 CHANGE ORDER TO CON5TRUCTION CONTRACT NO: 08-024 DEPARTMENT OF PUBLIC WORKS PROJECT: SpreguelPines PCCP Intersection ProJect CONTRACT OATE: 4/24I2009 CONTRACTOR: Acme Concrete Pavin Inc. CHANGE OR�ER NO: 8 CAPITALIMPROVEMENTPROJECTNO: 0703 BiD NO.: 09•024 . DESCRIPTION OF CHANGES ThIs Change Order adds to the cantracl emount overages In the folbwing unit bid items: Item No Deserlptlotf U� uantl i P ce To a . 6 SawcutACorPCCPavemenl LF-IN 10726 $1.00 510,726.00 14 Roadway Excavation Incl. Haul CY 1830 575.00 527,45Q.00 t5 Abandon Exlsting orywell EA 5.5 5900.00 54,950.00 18 Cmahed Sudacing Top Course � TN 2916.35 S18.00 552,494.30 , 24 Cement Concrete Pavement 10" Thlck, Incl. Dowels SY 259.5 525.00 $6,487.50 25 Fumishing Concrete for Cement Concrete Pavement CY 163.5 $120.00 $19,620.00 61 Temporary Pavemenl Marking LF 4885 S7.10 55 373.50 The work Is tunded 6 an STA rant and b Ihe CI . Totel Amount of thls Chsn e Order Incl.Tax : S127,101.30 SUBSTANTIAI COMPLETION Originel Date: 6/22l2008 Pdor to this Change Order: 6/22/2009 InGuding this Chenge Order. 6I24I2009 ri inal Workin Da s: 30 Workln Da Added b thls CO: 0 Workin Da s Includln lhis CO: 34 THESE CHANGE9 RESULT IN THE FOLLOWING ADJUSTMENTS OF TOTAL CONTRACT PRICE: ORIGINAL CONTRACT AMOUNT ��___._�_�....—.-- S 5634,428.25 TOTAL PRIOR CONTRACT CHANGE ORDER AMOUN ��__ S, 44,563.45 TOTAL CONTft4CT PRICE PRIOR TO TMS CHANGE ORDER �_�� 5 878,991.70 NETTHISCHANGEORDER _�„_____,,.._.._—..--�—�--��---� 5 �Z��a�.30 TOTAL CONTRACTAMOUNT INCLUDING THIS CHANGE,ORDER _.___.,__,_._,___„�,._„$. 808,093.00 � Thls changa order adds 0 days to conlract tlme. CONTRACTORACCEPTANCE: ��_v DATE: ? � � The cont2UOr herehy eccepts lhis adjustment under fhe lerms o! Ihe original canVact fo: all work perfomed. RECOMMENDEDBY: i� .;L'P�� DATE: /' I�O' O I APPROVEDBY: DA7E; �(f�j'� . ell Kers�en, Pubik W t1t6 � APPROVED 81' I��//L/�J! �ATE: 7 a J/�� DaNd Merder, City Narz9er ATTACHMENTS: Dlsfnbutlon: ORIOINALS T0: ConVactor, Cityol Spokene Veiley Clerk's Otfice, PW Project Fila COPIESTO: PWProectFlle ra,o-mwerwwrma�yCOVZerzou» ; i � crrx oe Pubiic Works Department �g�� Capltai lmprovement Program �° ��.1��3'� 11707 E Sprague Ave Sulte 106 0 Spokane Valley WA 99206 509.921.1000 0 Fax: 509.921.1008 � cityhall@spokanevalley.org �� Date: July 15, 2009 To: Steve Worley, Nell Kersten From: Craig Aldworth Re: Updated Cost Estimates for Combined Sprague Avenue Intersectlon STA Grants Sprague I Pines PCCP Intersection Project, C I P No. 0103, Acme Concrete Paving Contract 09A24 Sprague 1 Evergreen PCCP Interssction Project, C I P No. 0702, Acme Concrete Paving Contract 09-026- Sprague I McDonald PCCP Intersectlon ProJect, C I P No. 0104, Acme Concrete Paving Contract 09-026 Pines Budget Account No: 303.303.103.595.30.63.00 Acme Concrete Paving Contract 09-024 Evergreen 8udget Account No: 303.303.102.595.30.63.00 Acme Concrete Paving Contract 09•026 McDonald Budget Account No: 303.303.104.595.30.63.00 Acme Concrete Paving Contract 09-026 The current estimated proJect costs are compared wlth the STA grant budgets in the table below: — C�urent Cost Estimate Gcant Bud et Project Construction Engineering Total Total Project STA Shaze City Share Projected Budget (�9s^i) (aos^io) b a et t Evergreen 5681,000 $130,000+/- $811,000 $1,082,008 $860,196 $221,812 $271,008 Bid +10% Contin enc Pines $819,000 $130,000+/- 5949,000 $949,031 $754,480 5194,551 $0 Cost to com lete McDouald $66Q000 $130,000+/- $990,000 �912,961 ^�725,804 $187,157 $122,961 Bid +10% Contin enc Total $2,160,OD0 $390 000 52 550,000 $2,944,000 $2,340,400 $603,600 5393,069 The $140,000 overage on the Sprague / Pines PCCP Intersection project is covered by the funding avaiiable in the combined project budgets. �. ' r OR�G(NA'G �uDBK� � roject9 anager P � N � ; �-Ze�.Z� p00 / µa0ouoa I�o(aR, o00 Etedk,p�'• ��33�000 -�or� c,! Z, 9 4�'E � o d 0 � crrr oF Publ/c Works Department �� Capttal Improvement Program ��ll��m 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206 509.921.1000 � Fax: 509.921.1008 0 dtyhall@spokanevalley.org e orandunn Date: November 16, 2009 To: Steve Worley, Neil Kersten From: Cralg Aldworth Re: Change Order 9 for Sprague Pines PCCP Intersection Project, CIP 0103 Budget Account No. 303303.O103.595.30.63.00 Acme Concrete Paving Contract 09-024 Change Order 9 provides payment for the Portland Cement Concrete Compliance Adjustment (PCCCA) in accordance with WSDOT specification 5-05.5 with a Composite Pay Factor of 1.05 set by WSDOT specification 1-06.2(2)B. The payment for the PCCCA had not been included on previous pay estimates. Item No Description Unit UnitPrice Total 26 Portland Cement Concrete Compliance Adjustment LS $6,681.00 �6,661.00 Total estimated cost (incl. tax) for this Change Order work is $6,651.00 paid for by an 79.5% STA grant and the City of Spokane Valley. There are sufficient funds in the project budget to cover these costs. The Change order adds 0 days to the Contract time. Original Contract amount = $634,428.25 Pxevious Change Order Cost = $171,664.75 � Change Order #9 Cost= �6.681.00 D�gr � U�� Project Conhact Amount including Change Order �!9 = $812,774,00 I S � p� G � A�� 0 �� .. Totai Change Orders including CO 9= $178,345.75 (�0� � �T� City Administrator Approved CO 8= $127,101.30 �� Mas Public Works D'u•ector Contract authority = $75,000.00 Change Order Cost to date (Not incl CO 8) = 51244.45 Remaining P. W. Director Conuact Authority after CO #9 �u23,755.55 � Public Work irect r roje� Manager Cc; Deputy City nger, Finance Department S�'oka ry , �"' � CHANQE ORDER TO CONSTRUCTION CONTRACT N0; 08•024 DEPARTM�NT OF PUBLIC WORK9 PROJEOTc. 8prague/PineaPCCPlnteraeotlonProJect � CONTR4CTDAT�:4I2412008 CONTRACT9R: Aame Cona a e Pavl o� CHANOE ORD�R N0: 8 CAPITAI IMPROV€MENT PROJ�CT N0: 0109 BID NO.: 09•024 DESCRIPTION OF CHANO�S Tfils Change Order adda to fhe contrao! emaunt the PCCC AdJuetmenf celculeled efter receNing ell tast �eporte: Item No AesarinHon 1�1115 9u�llSl4C i�oltPtl9g T2tal 28 Portlend Cement Concrete Compllanae AdJustment Celc t $B,B87.00 $8,881.00 Tha work la funBed b en STA rant and b Ihe Cfl . Totel Amount f this ChQnHe Order In91,T x: 8 881.90 8UB$TANTIAL coMPLBTIqN Orlglnal Date: 8/22/2009 Pflorto thle Changa Order. 8122I2009 Including thte Change Order. 812412008 tl Inai Workl Da e: 30 Workin Da s Added b thls C0: 0 Workin De s(noi��ln thls C0: 34 THESE CHANOE6 RESIILT IN THE FOLLOWIN� ADJU9TMENTS OF TOTAL OONTRACT PRICE� ORIOINAL CONTRACT AMOUNT , , „ „ , �, $834,42828 ...,...,,._. ,...�._.. � a..._.. ..___... ._........_.,_....�........... TOTAL PkfOR OONTRACT CHANOE ORDER AMO�INT ,,, ,�, 177,884.76 ........ . ..._.. _........._.........,................. .m........ T07AL CONTRACT PRICE PRIOR TO THIS CHANaE ORb�R _ BOB ...,,...._.,.......,....�._ ew�. NfT 7HIS GHANaE OR�ER 6,881.00 �..w,,......_.,.....,...,,..,.�.,,.,,....,,,..,,.....,.,,,w, ..................,....,.._ �. TOTAf.CONTRA0TAM0UNTWOLUDINQTNISOHANaEORpE $, 812,774.00 Thle changa arder adds 0 days to contract Ume. � � QONTRACTORACCEPTANGE: DATE, �� lG U TheconirectorherabyaaeptsthlsedJu6lrtlen uatlerlhetermaot(heariglnelcontreottarellworkpertomed. RECOMMEND��BY; ` DATE; l/ '��'Q� � APPROVED BY: DATE; ei eroten, u o o actor APPROVEO BY, DATE: DevldMerclar,COyManapar � A7TAOHMENTS: DlsUlbulirn: ORIOINAL8T0: ConUactor,01tyo1SpokeneVaHOy0lerk'sO�Ice,PWProJeetRile COPIE T, PWPf'_GFp P;vwaoworRdwvamy�co emnao CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12/1/09 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Renewal of Contract with Lobbyist GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: Annually, the Council considers various legislative topics to determine how best to protect and promote the interests of the City. Over the course of several months Councilmembers have discussed a variety of potential legislative items and formally adopted a 2010 legislative agenda on November 13. BACKGROUND: The Council previously decided to retain the assistance of a lobbyist firm to 1) create a presence for the City in Olympia so that legislators are aware of our active interest in pending legislation such as Growth Management Act revisions, 2) alert the Council to emerging issues that may have a positive or adverse effect on the City, 3) identify revenue and grant funding opportunities, 4) and facilitate a capital funding requests for projects of City interest. The proposed contract for such services in 2010 will cost $36,000, pius expenses not to exceed $2,500, for which funding has been allocated in the adopted 2010 budget. OPTIONS: 1. Renew the contract. 2. Revise the proposed contract. 3) Give the matter further thought. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute a renewal contract with Gordon Thomas Honeywell — Governmental Affairs for lobbyist services in 2010. BUDGET/FINANCIAL IMPACTS: $38,500 for lobbying services has been allocated in the proposed FY 2010 budget. STAFF CONTACT: Dave Mercier and Mayor Munson GORDON THnMAS HONEYWELL GOVERNMENTAL AFFAIRS November 17, 2009 Mr. Dave Mercier � City Manager Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Re: 2010 Consulting Agreement and L1 Lobbyist Registration Form Dear Dave: Enclosed please find the 2010 Consulting Agreement as well as the L1 Lobbyist Registration form regarding our 2010 Governmental Affairs services. Please review these documents and if you approve, sign and return them to my office in the enclosed envelope for forwarding to the Public Disclosure Commission. Please note that the L1 Lobbyist Registration form must be filed with the Commission immediately. I will send a fully executed copy of the agreement when received. If you have any questions, please do not hesitate to contact our office. Sincerely, �,�� / � TMS:hbs Tim Schellb r� g Enclosures 1201 Pacific Ave, Suite 2100 203 Maryland Ave., NE Tacoma, WA 98401 www.gth-gov.com Washington, DC 20002 Phone:(253)620-6500 Phone:(202)544-2G81 Fax:(253)G20-6565 Fax:(202);44-5763 AGR��M�NT FOR PROFESSIONAL SGRVIC�S Gordon Thomas Honeywell — Governmental Affairs THIS AGREEMENT is made by and behveen the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Gordon Thomas Honeywell Govemmental Affairs, hereinafrer "Consultant," jointly referred to as "paz'ties." IN CONSIDERATION of the terms and coaditions contained lierein the parties �gree �s follows: 1. WorktoBePerformed. TheConsultantwillprovidealllabor,servicesandmaterial to satisfactorily complete the attached Scope of Services, attached as Exhibit A. A. Administration. The Ciry Manager or designee shall administer and be tlie primary contact for Consultant. Upon notice fi•om the Ciry Manager or designee, Consultant shall commence work, pei�Form the requested tasks in the Scope of Work, stop work and promptly cure any failnre iu performince under this agreement. B. Representations. The City has relied upon the qualifications of the Consultant iu entering into this agreement By execuUon of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familia�• with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. Consultant shall be responsible for tl�e teclmical accurlcy of its services and documenis resulting therefrom, and City shall not be responsible for discovering deficiencies thei�ein. Consnitant shall correct such deficiencies withont additional compens�tion except to theextentsuch action is directly attributable to deficiencies in City furnished information. C. Modifications. The City may modify this agreement and order changes in the work whenever necessazy or advisable. The Consultant will accept modifications when ordered in wiiting by the City Manager or designee. Compensation for such modifications or changes shall be as nmtually agreed between t(ie parties. The Consultant shall make sncl� revisions in the work as v�e necessary to correct errors or omissio�s appearing therein when required to do so by the City witl�out additional compensation. 2. Term of Contract. This agreement shatl be in effect fi•om Janua�y 1, 2010 through December 31, 2010. At its sole option, Ihe City c�n grant up to fourone-year renewal options, which may be exercised by the City Manager. Renewals, if any, shall coincide widi the calendar yea�•. Either puty may terminate this agreement by ten days written notice to the other party. In the event of such termination, tlie City shall pay the Consuitnnt for all �vork previously authorized and satisfactorily peiformed prior to lhe teimination date. Agreemem tor Professional Services Page 1 of 7 3. Coropensation. The City of Spokane Valley shail pay Consultant an annnal fee of $36,00� to complete the services iden[ified in the Scope of Services. Consultattt sliall only bill communication expenses, such as h�avel to Spokane Valley. Tlie expenses shall not exceed $2,500 for the term of the contract. 4. Pavment. The Consultant shali be paid monthly npon presentation of an invoice to Uie City. Applications for payment shall be sent to the City Clerk at the below stated lddress. The City shall pay each of Consoltant's invoices within thirty days after receipt and verification by the City. The City reserves the right to withhold payment for work done under this agreement which is detennined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, Ciry ordinances and federal or state standards. S. Notice. Notice shall be given in writing as follows: TO THE CTTY TO TITE CONSUT.TANT: Name: Christine Bainbridge, City Clerk Name: Tim Schellberg Plione Number: (509)92I-1000 Phone Number: (253) 620-6500 Address: 11707 East Spragne Ave, Suite 106 Address: 1201 Pacific Ave. Suite 2100 Spokane Valley, WA 99206 Tacoma, WA 98401 6. Annlicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all lpplicable Federal, State, local laws, ordinances, and regulations. 7. Relationsliip of the Parties. Itis nnderstood, agreed and declaz•ed that the Consulta�it shall be an independent Consultant and not the agent or employee of the City, that the City is inierested in only the results to be achieved, and that the riglu to control the particular manner, ' method and means in which the services a�•e performed is solely witlrin the discretion of the Consultant. A�ry and all employees who provide se�vices [o the City undet• [his agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all employees nnder this agreement and any liability that may attach thereto. 8. Ownershin of Docnments. All drawings, plans, specifications, and other related documents prepared by the Consullant onder this agreement are and shall be the property of the City, and may be subject to disclosnre pursoant to RCW 42.56 or other applicable public record laws. Agreement [or Pmfessional Services Pagc 2 of7 9. Records. The City or State Auditor or any of their i•epresentatives shall have full access to and the right to exunine during normal business hoars all of the Consultlnt's records with respect to all matters covered in tliis contract. Sucli representatives shall be permitted to audit, examine and make exceipts or transcripts from such reca•ds and to make audits of all contixcts, invoices, materials, payrolls and record of matters covered by this contract for a period of Unee yeus from the date final payment is made hereunder. 10. Insnrance. The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuiies to persons or damage to property which may arise fi•om or in connection with tlie performance of the work hereunder by the Caisultant, its agents, representatives, or employees. No Li�nitation. ConsultanYs maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recouise to any remedy available at law or in equity. A. Minimum Scooe of Insurance. Consultant shall obtain insurance of the [ypes described below: 1. Auto�7�obile Liayifiry insurince covering all owned, non-owned, hued and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitate form providing equivalent lia6iliry coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercinl General Linbiliry� insurance shall be �vritten on ISO occurrence form CG 00 Ol and shall cover liability arising fi•om premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured imder the Consnitant's Commercial General Liability insurance policy with respect to the �vork pei�formed for the City. 3. 4Yorkers' Contpensntion coverage as required by die Indus[rial Insurance ]aws of the State of Washing[on. 4. Professional Linbiliiy insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultan[ shall maintain die following insurance limits: 1. Automo�ile Lirtbi/iry� insurance with a minimum combined single limit for bodily injuiy and property damage of $1,000,000 per accident. Agreement for Professionnl Scrvices Pnge 3 ot7 2. Conunercinl Gener�d Linbility insurance shall be written wiih limits no less than $1,OOQ000 each occun•ence, $2,000,000 general aggregate. 3. Professioncrl Lirrbility ii�surance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability a�id Commercial General Liability insnrance: I. The ConsultanYs insurance coverage shall be primary insurance as respect flie City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the ConsullanPs insurance a�id shall not contribnte with it. 2. The ConsultanPs insurance shall be endorsed to state that coverage shall not be cancelled by either pa�•ty, except after thirty (30) days prior written notice by cer[ified mail, return receiptreqnested, has been given to the City. D. Acceptability of Tnsm•ers. Tnsurance is to be placed with insnrers with 1 cunent A.M. Best rating of not less than A:VII. E. Verification of Coveraee. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessatily limited to the additional insured endorseme�t, evidencing tlie insurancerequirements of the Consnitant before conunencement of the work. F. Evidence of CoveraQe. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptabie insiirance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the patties who are additional insureds, and will include applicable policy e�idorsements, the tlin•ty (30) day cancellation clause, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If reqnested, complete copies of insurance policies shall be provided to die City. Tlie Consultant shall be financially responsible for all pertinent deductibles, self-insnred retentious, a�id/or self-insurance. 1 l. Indemnification and Hold Harmless. Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers ha��nless from any and all claims, injuries, damages, losses, or suits incliiding attorney fees, arising out of or resulting from die acts, errors or omissions of the Consultant in performance of this agreement, except for injuries and damages caused by tlie sole negligence of the City. Agreement for I'rofessional Scrvices Pnge 4 of T - 12. Waiver. No officer, employee, agen[ or oUier individnal acting on behalf of either paity has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance sl�all be held to be waiver of any other subsequent breach or nonpeiformance. All remedies afforded in this agreement or by law, shall be taken and conshved as . cumiilative, and in addition to every other remedy provided herein or by law. Failure of either pazty to enforce at any time any of the provisions of this agreement or to require at any time performance by the other pa�ty of any provision hereof shall in no way be constiued to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 7 3. Assianment and Deleearion. Neither party shall assign, transfer or delegate any or all of the responsibilities of this agreement m• the beneflts received hereunder without first obtaining the written consent of the other paz•ry. 14. SuUcontractz. Except as otherwise provided herein, the Consultant sl�all not enter into subcontracts for any of the work contemplated i�nder this agreement without obtaining prior written approval of the City. 15. Confidentialitv. Consultant may, from time to time, receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of tUe City or tipon order of a Court of competent jurisdiction. 16. durisdiction and Venne. This agreement is entered into in Spokane County, Washingtoii. Veiiue shall be in Spokane County, State of Washington. 17. Cost and Attornev's Fees. In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees iu the amount to be determined by the Court as reasonable. Unless piovided otl�erwise by statute, Consultant's attorney fees payable by tl�e City shall not exceed the totai sum vnount paid under this lgreement. 18. �ntire Aereement This written agreemen[ constitutes lhe entire and complete agreement Uehveen the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by tlie parties hereto. 19. An6-kickUack. No off'icer or employee of the City, having the power or duty to perform 1n official act or action related to this agreement shall haye or acquire any interest in [his agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any persou with an interest iu this agreement. 20. Business Reeistration. Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. Severabilitv. if any section, sentence, clause or phrase of ihis agreement should be held to be invalid for any reason by 1 cow�t of competent jurisdiction, such invalidity shall not affect die validiry of any otlier section, sentence, clause or phrase of this agreemen[. Agrecment for Professionnl Services Page S of 7 22. Exhibits. Exhibits attaclied and incorporated into this agreement are: A. Scope of seivices B. Insurance Certificates IN WITNESS WHEREOF, the parties have executed this agreement Uris day of > 2010. C1TY OF SPOKANE VALLEY: Considtant � .- ,'r/ �� David Mercier, City Manager Owner Tax ID No. 2b 9042 ATTEST: APPROVED AS TO FORM: Clu'istine Bainbridge, City Clerk Office of the City Attorney EXHIBIT "A" SCOPE OT WORK Scope of Work: Consnitant shall provide the City of Spokane Valley �vith Ihe following governmeMal affair services: l. Identify and a•ack nll relevant legislation; 2. Provide City with weekly reports and U�ncking lists during the legislative session; 3. Attend �ill relevant legislative hearings; 4. Attend all relevant legislntive meetings; 5. Coadinn[e City officials to testify at relevan[ legislaflve hearings; 6. Lobby ro amend, defeat or pass legislation or budgets that affect the City of Spokane Valley's interests, 7. Offer the use of our Washington DC office �nd �ssistance with establisl�ing meetings with congressional delegation members; Agrcemcnt for Professional Services Page 6 of 7 8. In addition to the activities listed above, lobby to implement the specific 2010 legislative agenda goals developed by the City of Spoknne Valley. These include: • Pass legislation updating the disincorporation statutes • Research funding opportunities for a new City Hall • Capital badget request of $300,000 to acquire land adjacent to pu•k road pool. • Adjust 911 funding for inflation • Create a street ntility authority • Support the Association of Washington Cities legislative agenda 1s directed Uy the City of Spokane Valley. Agreement for Profetsional Services ' Pagc 7 of 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: 2009 Developer's Forum GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: On October 1, 2009, staff in its continued efforts, met with local developers and interested parties to discuss the permit/developmenUplanning processes. This is the sixth Developer's Forum since 2007. This forum generated 40 comments. Attached is a list of action items and a detailed response to ali 40 items. Within the action items, there is a list of issues which our staff have already addressed, a list of issues that will be placed on the 2010 work program, and a list of items that staff recommend not addressing. If the council have any concerns, please let the staff know. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Indirect staff costs to address some of the concerns. STAFF CONTACT: Kathy McClung, Community Development Director ATTACHMENTS Forum Action Items Developer's Forum Detailed Report Developer's Forum Agenda, Oct 1, 2009 Reoccurring Staff Comments Rate analysis of City — County permit fees Forum sign-in sheets — Oct. 1, 2009 Developer Forurn 2009 Actio� Items The following are action items related to issues that came up through the permit review at the Spokane Vai�ey Business Association Meeting and the Developers Forum. The number following the issue is the list number within the report where more detailed information can be found. Completed: 1. A change to the code (adopted this year) only requires a survey for all boundary line adjustments when there are existing structures. (3) 2. Changes added to street standards to have some flexibility when sidewalks are required. (7) 3. November 18, 2009 joint meeting with Spokane County for stakeholders to better explain requirements of the regional Stormwater Manual. 4. Clarified 24 hour call-back rule. (10) 5. Clarified Fee Schedule as compared to Spokane County. (14) 6. Changed the name of "over the counter' permit to better reflect the process. (19) 7. Reduced submittal requirements to minimum necessary for applications. (29) 8. Clarified who is in charge when there is a problem. (31) 9. Changed the grading permit associated with a subdivision application to a civil plan review. (32) 10. Provide handout with water district contact information at pre-application meetings. (36) Recommended Work Program 2010- 1. Propose some changes to the requirement for a landscape architect on every project. (2) Code change 2. Provide additional coaching for staff at the counter. (12) 3. Create language templates for plats to be handed out at pre-application meetings and posted on the website. (16) 4. Create something like an express lane at the front counter for experienced applicants. (17) 5. Review the queuing process for tenant improvements to ensure they are not being held up by larger commercial projects ahead of them. 6. Review the county's BLA process for further requirements. (22) 7. Create standard drawings for approach permits and standard street plans. (26) 8. Reduce the amount of time for preliminary plats to go to Hearing Examiner. (34) (code change) 9. Contact water districts for suggestions for streamlining their approval process. (36) 10. Work with Hearing Examiner to reduce review time. 11. Change handout to reflect buildings only required on preliminary plats, not final plats. (25) 12. Clarifying handout on geotech requirements for drywell testing (9) No change: 1. No change to the regional Stormwater Manual to reduce size of swales, dry well testing, and geotech requirements. (1, 4 & 9)) 2. No change to the curb requirements of the street standards. (6) 3. No change for fence requirements on lots with double frontage on arterials. (7) 4. No change to requirement for permit/plan modifications be submitted in writing and through the permit center.(24 & 33) 5. Staff will not conduct traffic studies for applications.(27) At council's discretion: 1. Include sidewalks in right of way or leave measurement for border easements as is. (8) Developer's Forum Action Items Page 1 Developer's Forum RepoR �� OCTOBER 2009 Report to City Council I By: ��f'1�/ �CC�1.�61g� Community Development Director (509) 688-0030 kmcclunpCu?spokanevallev.orq Greg McCormick, Planning Manager (509) 688-0023 qmccormick(a�spokanevallev.orq John Hohman, Senior Development Engineer (509) 688-0185 Ihohman anspokanevallev.orq Mary Kate McGee, Building Official (509) 688-0024 mkmcqeeCa�spokanevallev.orq I Page 1 of 15 Developer's Forum Report Back4round: City staff conducted a general interest Developer's Forum October 1, 2009. This was the sixth developer's forum conducted since 2007. Four of them have been of general interest and two were specifically about proposed street standards. Invitations were sent via mail and email to over 900 individuais. The Forum was also advertised on the City's Website, in the paper, and through the Spokane Valley Business Association. The Forum provides an opportunity for staff to interact with the development community. Staff provides them with updates and the community provides feedback and suggestions to improve the system. Past forums have resulted in process and code changes to make improvements. Forty-five individuals attended the Forum from 23 development-related companies, Spokane Homebuilders Association, two citizens, Spokane Valley Business Association (SVBA), council members and council candidates, Planning Commission, and AVISTA (see attendance list Attachment A). Prior to the Forum, The Spokane Valley Business Association's (SVBA) September meeting focused on the development process. A panel of speakers: Carlos Landas (GSA), Chuck Simpson (Simpson Engineering), Dick Behm (Behm's Center) and Bill Gothmann (City Councilmember) discussed their concerns with the regulations and process. Staff took this opportunity to start a list of development concerns. Twenty-six issues were identified at this meeting, substantially from the panelists. Forum Aqenda: Staff started the Forum by providing department updates including the Sprague Appleway Plan; Street Standards and Street Connection Plan; Shoreline Master Program, an Affordable Housing Code Amendment Proposal, 2009 Building Codes, and staff changes as a result of permit revenue shortfalis. (See agenda Attachment B) Mary Kate McGee, Building Official reported on current review times and how the "over the counter' review process was going. John Hohman, Development Services Senior Engineer, provided a handout with common application errors. (See Attachment C) Staff emphasized that time delays and repeated trips to the Permit Center can be avoided by taking a few minutes to check the application to ensure that information is consistent throughout the plans and all stamps, signatures and copies are provided. The attendees were reminded that we are in the business of approving applications that meet the regulations and there is no advantage to staff to review them multiple times. It is in the best interest of the City and developers to work together so applications are approved in a timely manner. A variety of staff addressed some of the main areas of concern that were raised at the SVBA meeting including electrical permits, traffc studies, grading plans, drainage swales, fee schedule and staff returning phone calls. The meeting was then opened to the audience to add to our existing list of 26 items, which had been piaced in writing on flip charts on the wall. Guests were invited to comment on both concerns and things staff are doing well. They added an additional 14 comments to the list. The balance of this report will address the comments and make recommendations regarding the comments. Following the Forum, the list initiated staff discussion about some of the issues and ideas for how to provide incentives to the development community to turn in complete applications. These ideas will be further developed in 2010. Page 2 of 75 Developer's Forum Report THE LIST The following were collected at both the SVBA meeting or the Developer's Forum (DF). The source of the comments is identified. Comments abouf requlations fT� _...,� ....�� .,�. ._....... �1,..=i8wales'are too lerqe (SVBAI Staff response: In 2005, the City of Spokane Valley hired consultants to evaluate the "208 Equation" and other treatment methods presented in the Stormwater Management Manual for Eastern Washington (SMMEW). After extensive modeling and peer review, the consultants recommended the use of the "1133 Equation". Use of the "1133 Equation" lead to swales that are 30 to 40 percent smaller than those sized using the "208 Equation". The City of Spokane Valley adopted the "1133 Equation" by ordinance in 2005. However, the "1133 Equation" could not be used to size swales for federally funded projects without obtaining EPA approval. In 2007, EPA granted approval of the "1133 Equation". The "1133 Equation" was included in the Spokane Regional Stormwater Manual (SRSM). In 2008, Ecology approved the SRSM as an equivalent manual to the SMMWE. The SRSM was adopted by the City of Spokane Valley, Spokane County, and the City of Spokane. Therefore, these three jurisdictions use the same method for sizing swales. The National Pollutant Discharge Elimination System (NPDES) Phase II permit, requires that the City of Spokane Valley develop, implement, and enforce a program to reduce pollutants from new development and redevelopment projects to any stormwater discharge to surface water and groundwaters of the State. Thus, Development Engineering has to require that development projects design, construct and maintain swales to protect groundwater quality. Reducing swale size requirement is not an option for the City. Staff is coordinating with Spokane County to host a discussion with area engineers regarding the design of swales and the associated soils testing requirements. This meeting was held November 18, 2009. Staff recommendation: Any change would require a change to the SRSM with consensus from all jurisdictions. Staff recommends no change. � � � " ` "�"�°' ' SVMC 'are�too . 2 ,�',Professional �requirement§�;in the:'Spokane 3Valley�.:Municipal ,Code t;{ )�� —,. �z � ,> .�,� stnngent'�'(SVBA) Staff response: The SVMC requires certain professionals submit specialized applications. The following are professional requirements contained in the SVMC .This does not include the Shoreline Master Program, Spokane Regional Stormwater Manual, International Building Codes, or the Street Standards. Subdivisions: 20.20.080 - The preparation of all preliminary and final short subdivisions, subdivisions, and binding site plans shall be made by or under the supervision of a professional land surveyor. 20.80.030 F) - A record of survey shall be completed to prove that no illegal building setbacks will be created as a result of the boundary line adjustment. The survey must be completed by a surveyor licensed in the state of Washington. Page 3 of 15 Developer's Forum Report Floodplain regulations: 21.30.070 B)3) - Certification by a registered professional land surveyor, engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood- proofing criteria in SVMC 21.30.090 C)2) 21.30.090 A)5)d) - Where base flood elevation data has not been provided or is not availabie from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for all short subdivision and subdivision proposals and binding site plans. 21.30.090 C)1)b) and 2)c) - residential and nonresidential construction designs for fully enclosed areas below the lowest floor that are subject to flooding are prohibited unless certified by a professional engineer or architect licensed in WA state. Professional engineer or architects registered in WA State also required for encroachments into floodways. 21.30.090 C)7)a) - locating utilities and/or works that impound water in floodways 21.30.090 C)8)b) & c); certification that utility and sanitary facilities are flood-proofed 21.30.090 C)9)b)ii). Critical Areas: Wetland Mitigation reports and Habitat Management Plans shall be prepared by a certified biologist. Section 21.40.020 E)6) & 21.40.040 E). Geo-hazard mitigation plans shall be prepared by a qualified geo-technical engineer 21.40.050 B)1). Design and Development Standards Lighting - required photometric analysis of lighting effects prepared by a qualified engineer. Landscaping - A registered landscape architect will certify that landscaping and irrigation systems have been installed according to the approved plans. 22.70.030.M)1) All landscape plans shall be prepared and sealed by a registered landscape architect. Right of Way Permit - A licensed engineer may be required to provide a restoration and drainage plan for work in the right of way.22.130.060 C)4). Street Vacation - a record of survey prepared by a registered land surveyor shall be provided after approval of the vacation and shall provide a monument at the intersection of the carline of the vacated right of way. 22.140.090 and 22.140.100. Staff response: The professional requirements in the code are for very good reasons. State laws require some of the professional qualifications for certain types of work. Others require someone with the training and expertise to prepare the information and when their stamp is required are also assuming responsibility for the accuracy of the information or design. We have also found that plans that are prepared by a competent professional usually go through the process quicker, saving the applicant time and money. The professional requirement that could be reviewed is the landscape architect requirement for inspections and plan preparations. Not all projects warrant a landscape architect especialiy buiiding additions or change of use tenants. The landscaping chapter is on the Community Development work program for 2010 so this particular issue can be reviewed at that time. Staff recommendation: Review the landscape architect requirement. Keep all other existing professional requirements Page 4 of 15 Developer's Forum Report �^ - - u- . . r t �.., � 3 �There should be. � SUBA 1 ..4:...�.../: Staff response: The recently amended SVMC requires a survey for a boundary line adjustment only if there are existing structures on the property. This requirement confirms that the adjustment will not create any non-conforming setbacks. As a result of this comment, we did check our handout for boundary line adjustments and found that the application form still called for surveys for all BLA's. The handout has been corrected and staff have been informed of the inconsistency. Staff recommendation: The change mentioned above will likely take care of the issue, if not, a code amendment would be required to change it. . .avk . . . �:..�...� - '4 .^bry well`s_shouldn t be tested'_(SVBQ) ' ---_ _ _ Staff response: The Spokane Regional Stormwater Manuai (SRSM) requires that a qualified professional (i.e. a professional engineer with soils experience) verifies that the site soils are suitable for drywell installation. If the project engineer has the appropriate experience, they can verify and test soils. State law requires that engineers practice only within their area of expertise. The intent of the SRSM is to establish standards for stormwater design and management to protect water quality, natural drainage systems and down-gradient properties as urban development occurs. The SRSM meets or exceeds applicable criteria from the Washington State Department of Ecology's Stormwater Management Manual for Eastern Washington for underground injection and discharge to surFace waters. � Any change to the SRSM would require approval from the City of Spokane Valley, City of Spokane and Spokane County. All jurisdictions should be administering this requirement consistently. I Staff Recommendation: No change. f ,��,. ;. 5_- many.standards Standa�ds should be_more.like guidehnes' (SVBA} Staff response: At the SVBA meeting we heard stories about how certain reviewers at the county would take minimum submittals and design the project for the applicant. There were other comments about how certain staff would look the other way when reviewing applications. If the City staff is always going to be compared with these practices allegedly used in the past at the County to review plans, then we will always fall short. City staff can only control consistency within City processes. Staff will strive to set accurate expectations for applicants and provide honest, equitable service to all. The City of Spokane Valley (and every other Code City) is legally bound by Federal and State regulatory requirements. These requirements are typically in place for the health, welfare and safety of citizens and the environment. Standards are not guidelines and must be followed. Examples of federal and state regulations which the City is required to follow and indude in City Code are: • Washington State Department of Transportation Design Manual (arterial design � standards) • American with Disabilities Act (ADA) Accessibility Guidelines (sidewalk, curb ramps, building access) Page 5 of 15 I Developer's Forum Report . American Society for Testing and Materials (ASTM) Standards (construction material testing requirements) • State Environmental Policy Act (grading permit, traffic impact, environmentally sensitive area) • Department of Ecology's Stormwater Manual for Eastern Washington (dryweil requirements) . FEMA Floodplain Regulations (developing in flooding zones) • The Growth Management Act . Model Tra�c Ordinance ( a uniform compilation of traffic laws) . Federal Clean Water Act (establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters) . U.S. Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD) (traffic safety) When adopting regulations, the challenge is to find the balance between flexibility and predictability, both of which are needed for good development and desired by developers. The goal is to produce developments reflective of the community's comprehensive plan and apply them consistently and fairly to everyone. Anyone in the community can apply for a code amendment if they think a standard needs to be changed. This puts the discussion of the regulation through a public process rather than at the discretion of staff. Staff recommendation: no change at this time. "<'--.,- "-z—,a.. .,"-SVBA 6. Don�Y.like curl5.requirement�.(_�) Staff Response: The benefits of providing vertical curb is that it directs stormwater flow/drainage control, provides roadway edge delineation, reduces clear zone requirements in urbanized areas and provides grade-separated areas for pedestrians to walk when combined with sidewalk. Section 3.18 Curbs, Sidewalks, and Pathways of the Spokane County Road and Sewer Standards states that all public roads are to include concrete curb, gutter and sidewalk on both sides of the road. The requirement applies to ail new and reconstructed roads or where there is a change of use of a commercial property. Vertical curbs are also required by Spokane and Spokane County. Vertical curbs are also proposed in the new street standards that the Council will be reviewing before the end of the year. Staff recommendation: Communicate benefits and purpose of curb requirements to applicants. -.—� ,�-r i7 Fence,s,and;aiiiewalks.shouldnt=,ti�eplaYrequirements`.(SVBA) Staff response: Fences -This comment was made in context with subdivisions. Section 20.20.090 B)4) of the SVMC requires fences to be constructed when double frontage lots are created and the lots back to arterials. The purpose is to screen the lots from the arterial and help deflect some of the noise. A change to this requirement requires a code change. Most Page 6 of 15 i � Developer's Forum Report , residents probably appreciate having a fence in place to screen an arterial. The question I is whether this should be a developer cost or left up to the property owner after purchasing the lot. The advantage is that the developer can make ali the fences in the subdivision consistent rather than having a variety of property owners add the fences piecemeai. Sidewalks - The City has identified in the Comprehensive�Plan Polices of Chapter 3 Transportation TP-9.8 that we "require pedestrian friendly facilities such as sidewalks in all new development." SVMC Chapter 22.20.100 states that prior to preliminary plat approval provisions are made for "Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." Section 3.18 Curbs, Sidewalks, and Pathways of the Spokane County Road and Sewer Standards states that all public roads are to include concrete curb, gutter and sidewalk on both sides of the road. The requirement applies to all new and reconstructed roads or where there is a change of use of a commercial property. As part of preparing the new Street Design Standards, Development Engineering worked with the City Legal Department to determine the City's authority to request dedications and improvements pursuant to the following: SVMC Chapter 22.130 Streets, Sidewalks and Public Places RCW 35.63.080 Restrictions on Buildings — Use of Land RCW 35.63.090 Restrictions — Purposes of RCW 35A.63.100 Municipal authority RCW 43.21C State Environmental Policy Act RCW 58.17 Plats-Subdivisions-Dedications RCW 82.02.020 Voluntary payments by developers authorized The comments about sidewalks were made in the context of subdivision requirements but our staff have also heard complaints regarding these requirements for commercial projects. Section 2.4.3 of the new Street Standards allow the Development Services Senior Engineer some flexibility in the installation of improvements based upon site conditions and certain criteria. The new provision in the Street Standards will allow flexibility that City staff haven't had before. Staff recommendation: Staff would like to use the new street standard flexibility before making any change to the sidewalk requirement. We are not recommending a change to the fencing requirement at this time. 8 Spokaner�„Valley is�the�onlyA�p e�where easements aie�°mea§ure8 from the'mside::of I easementtinstead of outside� (SVBA) - Staff response: The only easement that is measured from the inside is a border easement. I Chapter 19.40.020.C) states: "Front and side yards in residential zones adjacent to public or private streets shall be set back in accordance with Table 19.40-1. The setback shall be measured from the property line unless a border easement has been established on the property. In cases where a border easement exists, the setback shall be measured from the border easement." Page 7 of 15 Developer's Forum Report Border easements are a way of requiring less right of way. Utilities and sidewalks are piaced inside border easements. The intent of the Spokane Valley language above was to reduce the right of way requirement and have it included in the front yard of a residence. It is also to ensure that cars parked in the driveway do not encroach on the sidewalk. The front yard setback is then measured from the edge of the easement. if a border easement is eight (8) feet, then the front yard setback is eight (8) feet plus the setback, usually 20 feet for a total of 28 feet. Spokane County measures the front yard setback from the property line. In the above example the front yard would be 20 feet with eight (8) feet of that being the border easement. Staff recommendation: Any change wiil require a code amendment. Staff recomrnends leaving the language as is or including sidewalks in public right of way, in which case the sidewalk would still not be counted towards the front yard setback. - T ..� �...... Y � Z ..�....W� l 9�Geotechs requirementsxfor,swalesi(DF) Staff response: The Spokane Regional Stormwater Manual (SRSM) requires that a qualified professional (i.e. a professional engineer with soils experience) verify that the site soils are suitable for drywell installation. This requirement was a culmination of five years of considerable discussion between jurisdictions. If the developer's project engineer has the appropriate experience, he/she can verify and test soils. State law requires that engineers practice only within their area of expertise. Staff, along with Spokane County hosted a discussion with area engineers regarding the design of swales and the associated soils testing requirements on November 18`", 2009. Staff recommendation: Provide a clarifying handout for the public. Comments about staff i10 1Naited',forEdays�!to get:a'ph'one`call�6ack from"staff��(SVBAj Staff response: The Community Development Department has an internal policy that phone calls be returned within 24 hours. If a caller has not heard back from the staff person, they should try again and if the phone isn't answered, please call the supervisor. Many times it is because the person is out of the office and has not updated their phone message. Phone numbers of the supervisors were provided on business cards at the developer's forum and are on the front page of this report. Staff recommendation: Remind staff to keep their phone messages current. T . ':..�.__._ 11 Engineers should have mo�e field:;expenence.,_(SVBAj Staff response: The City would welcome recommendations for training topics from engineers and developers doing business with the City. As a whole, the development engineering staff has over 143 years of experience in engineering, construction (inspection and laborer), surveying, materials testing, and planning experience. Prior to working for the City many of the staff worked for private firms such as CH2M Hill, Project Design Consultants, David Evans & Associates, and CLC Associates; State transportation departments such as WSDOT and ODOT; other municipalities or government agencies (Spokane County, Los Angeles County, City of Post Falls, Yakima County, Bonneville Power Administration, and City of Olympia). Development E�gineering staff qualifications includes the following: 0 6 college level degrees and 2 masters degrees Page 8 of 15 Developer's Forum Report o Areas of study included Civil Engineering, Environmental Engineering, Public Administration, Geography, and Geology o Professional Licenses held include 3 PEs, 1 AICP, 2 EITs o PE licenses held in Washington, Oregon, California, and Arizona o Certifications include bridge inspector, CESCL, OSHA Hazardous Waste, and 8 Hour Health & Safety o States worked in include Washington, Idaho, Oregon, California, Arizona, Colorado, Utah, and Nevada In addition to all of the above, DE staff pursues engineering continuing education opportunities on an on-going basis. Staff recommendation: Engineers will work with their supervisors to identify opportunities for additional field experience. i12 _People at;:counter_should °buil'd'bndges rather�tlian�find�obstacles_'(SVBA) Staff response: The City agrees, and welcomes any specific recommendation that would make the submittal process successful. City staff have had basic customer service training in 2008. We have spent the last two years refining our processes and working on department values. We are investigating some additional coaching to assist staff with particular issues like delivery perception and problem solving. Staff recommendation: City to provide additional training in 2010. �13 Mike Turbak s'coordinating`efforts a plus! (DF) Staff response: As Lead Permit Specialist, Mike conducts the permit coordination meetings and leads most pre-application conferences. With this knowledge, he is many � times the person who knows the status of permits and can assist applicants with questions. Mary May, Engineering Assistant has recently been trained to conduct pre- application meetings. Staff recommendation: N/A Fees and Cost _.. __ - — — - - --- 14';Spokane;Valley fees are higFierthan,county_and City of,Spokane: (SVBA)': Staff response: At the SVBA meeting, a draft fee schedule was circulated that showed Spokane Valley fees higher than the county in many cases. This was a draft prepared by a County staff person comparing the county's engineering fees with the combined fees of Spokane Valley's engineering and planning fees. A corrected fee schedule is attached (Attachment D) This corrected document compares apples to apples and shows that Spokane Valley in many cases have lower fees than the County. The City did not adopt higher permit fees for 2010. Staff recommendation: N/A 15�`I1 cost 30=50�% more=to tlevelop in_.Spokane V la ley`�'(SVBA) - I Staff response: Staff is sensitive to the costs associated with development. Our i commitment is to provide the developer with every benefit the code aliows while maintaining the community standards codified in the municipal code. Multiple re- ' submittals for the same noted deficiencies cost both the City and the applicant time and � money. City staff will continue to work to reduce the submittal requirements and Page 9 of 15 Developer's Forum Report encourage those applicants to check applications prior to submitting to reduce unnecessary cost. Staff recommendation: To continue to work with the development community to address concerns regarding code requirements and provide an efficient and effective service. Commenfs about process 16 Standardize thewording;for piats ;(DF) Staff response: Plat dedication language has been standardized. This language is prepared by staff and given to the project proponent once engineering plans have been accepted. The purpose of the language is to dedicate easements and right-of-ways and to notify future property owners of certain limitations and requirements that exist as part of the subdivision process. Much of the existing language is carried over from project to project. Staff recommendation: Create language templates that can be given out at pre- application meetings and posted on the website. Specific language may still be required after the construction plans are completed to cover any unique features that arise during the design process. --r-->—��.� x- -2----- - �., �- �17 Create�an Ezp"ress Cane atrthepermit counterfor those;who expenence :(DF) Staff response: The staff will put this on our work program for implementation. Staff recommendation: This idea has been put on the staff work program. i18 Veryagood tiw h the+'Over the C.�ounter'pro ec ss �(DF.) Staff response: This program has had good success and most feedback is positive. Staff recommendation: We would like to expand the program to cover more applications. i1.9 .Over;#he�,counter �isia'misnomer (DF) Staff response: We understand this comment. The applicant must submit the application and then make an appointment for the over the counter service. We started the program with four appointments per week and have added an additional five, for a total of nine appointments per week. We will rename the service so that it is clear a permit is not issued over the counter immediately when it is submitted. Staff recommendation: Staff is currently reviewing the program with the idea of restructuring the process to reduce the trips that it currently requires. We are proposing the program be renamed "Express Permitting" to better reflect the results of the program rather than implying the permit is issued "over-the-counter." , F _,., _. ..... ...._� 20 Tenant,.lmprovements should be, a Fiigh pnority (DF) Staff response: Tenant improvements are taking approximately 5-10 working days. This is down from 10-12 weeks when the City first started addressing permit issues. Staff agrees that tenant improvements should not be bogged down behind large commercial projects. Staff recommendation: CD will review the queuing process to ensure that TI's are given top priority. We will make it a goal to regularly review to get small projects into the express permitting process or reviewed as quickly as possible. Page 10 of 75 Developer's Forum Report _'__ .r.� __ '.... ._., _.. 21: The (BLA);reviewprocess is much�liette� (DF) Staff response: Since the initial developer's forum, staff have reduced the submittal requirements, reduced the number of BLA's that need to go to the outside consultant for survey expertise and cut down the review time of the consultant and assigned the projects to one planner. This has helped make the process run more efficiently. Staff recommendation: Continue the current process and look for ways to improve. ,-:- --�--�.-� t,- --s;=.�.-�. ��-...--._ 22 at the'County's=process`to''Streamiine<BLA_process�! Staff response: The staff will review the County's process to see if we can make additional improvements. Staff recommendation: The BLA process will be added to the 2010 work program to see if the City can further improve the process. � ,: r � - . -� •. ,:.- �. „�- �, 23 �PermitUng;re_view times have;been rgtluced4 (a°positive comment) `(DF} Staff response and recommendation: Two years ago, the permit process was taking 10-12 weeks. Now the review times are 10 working days for first review. Some of this improvement is due to the downturn in permit applications but some of it is due to adding staff, creating policies and procedures and other improvements within the department. The department will continue to strive for expedient review times. . � , ,r�� — -- -- - --� _,.-. 2_4_. Small,comments_"sfibuid_be: handled;ttirougli;theaphone 'irathe�,tlian a lettert:via planner: (D,F) Staff response: Staff agrees that if would be great to handle some details of the permit process informally over the phone. Our experience, however, is that when staff is handling a multitude of applications and have continuous disruptions during their day, these informal comments are sometimes forgotten. By documenting the comment in writing, then it holds both the applicant and staff member accountable. Sending comments to staff by email following a phone conversation is perfectly acceptable. Staff recommendation: Continue the process of written comments. Documented comments help ensure accuracy and good customer service. ..... ._ _ .__': . r ... 25.+Need tacorrect ourhandou,t ;Structures reqwred on preliminary plat; not final'plat (DFj Staff response and recommendation: The SVMC does require buildings to be shown on preliminary plats, but not for final plats. The handout will be corrected. �- -�-_ --��- -,-- - 26 ;Create�standard _drawnngs_ttiat developer can use (SVBA) Staff response: The City will explore making available the standard plans for new Street Standards available online in AutoCAD format. In addition, the City is working on updating the approach permit application to include details from the standards plans. If there are other specific drawings or details that engineers or others would find helpful, please contact the Department, so that it can be explored further. Staff Recommendation: DE staff will be working on the standard drawings for street standards. Staff is willing to work on other standard drawings, as they are identified, as needed. Page 11 of 15 Developer's Forum Report 27:?Staffish'ou"Itl;�do;traffic,studies':s(SVBAa Staff response: Chapter 22.20 Concurrency of the City SVMC identifies the project types, which are subject to transportation concurrency review and states when a traffic impact analysis is required. Development Engineering works with Pubiic Works in a coordinated effort to determine transportation concurrency for development projects. During the pre-application phase of a project, Development Engineering requests the project applicants submit one of the following for review by both departments: • A letter from the applicant stating the size and type of the business, the hours the business is open and the number employees. • A trip generation and distribution letter. This is letter, which states how many vehicle trips the project is going to generate and what routes/streets the vehicle trips are going to use to get the site. This data is based on the internationally recognized Institute of Transportation Engineers Trip Generation Manual. a A trip generation and distribution letter including a proposed traffic impact analysis (TIA) scope, the TIA is a formal report, which looks at the impacts of the vehicle trips generated by the sites on arterial intersections. The City has not traditionally performed this work and we are not aware of any City in the State that does this work in-house. If we did, it would result in the loss of work for consultant engineers, increase liability for the City, and the standardization of tra�c studies and mitigations which could limit the flexibility of the current system. Staff recommendation: No change for reasons state above. _. . . ., 28 Too.many copies of drainage, plan_ requged'(1,3)' (SUBA) Staff response and recommendation: The City requires one copy of a drainage plan and one copy of the drainage report for preliminary review. Once approved the City needs four copies of the plan. Staff recommendation : No change 29 Permit':Center is a'sking.fo�Pstuff3Fiat is drelevant�(SVBA) Staff response: In the past year, a multi-division committee reviewed the submittal requirements and have eliminated those not needed. The requirements are necessary to assist the staff determine whether the project meets the development codes. If an applicant has a specific question about a submittal, they can contact the supervisor of the division and have that requirement reviewed. The permit counter staff cannot make that determination. Staff recommendation: Staff have eliminated unnecessary requirements but are open to suggestions for further specific changes. 30 USe th se ame p anl ner�alfthe way th�ough the process _(SVBA) ... _.. _. ___ Staff response: We make every effort to keep the same planner on the project from pre- application meeting to certificate of occupancy inspection because we are aware of the potential time loss when staff changes and has to come up to speed. But just like in the private sector, we are the victims of unplanned events like jury duty, extended sick leave, and resignations. We try to assign the person who can best do the review at the Page 12 of 15 Developer's Forum Report particular time it is submitted. 85% of the time it is the planner who conducted the pre- application meeting. Staff recommendation: Assign the same planner all the way through the project, whenever possible. 31 Ifisnt.olearwho in_charge;when there`is,a p�oblem_„(SVBA) Staff response: At the developer's forum, we explained how the department is organized and introduced Greg McCormick in charge of planning issues; John Hohman in charge of Development Engineering and Mary Kate McGee in charge of Building. The audience was told that depending on which field their issue falls, they should contact the manager of that division if they are not getting satisfaction from the staff they are working with or if something doesn't sound right. Ultimately, if the managers are not available, the director can also be called. Business cards were distributed. Staff recommendation: For building issues call Mary Kate McGee 688-0024; planning issues call Greg McCormick 688-0023; development engineering call John Hohman 688- 0185. The director's number is Kathy McClung 688-0030. 32. Grading permits are required prior to being able to submit for final plat. (SVBA) Staff response: The engineering review of the project is required to be completed prior to final plat to ensure that all design elements, which may affect the layout of the plat, are identified. Examples include right-of-way widths, drainage easement area, access easements across parcels, utility easements, and approach locations. By having the civil plans accepted prior to final plat submittal and review, it reduces the number of final plat maps, which are submitted and therefore saves duplication of work and money for the applicant. Staff recommendation: Staff will begin referring to this step of the process as "Civil Plan Review". This should help eliminate the confusion surrounding the grading permits. Additionally, the revised Title 24 grading ordinance being reviewed by City council should help clarify the thresholds for grading permits. 33. All changes have to go through permit center rather than directly to staff. (SVBA) Staff response: The City implemented the submittal of all project related documents through the permit center after holding several developers' forums in 2007. During these forums, developers and engineers expressed concerns regarding the lengthy review times and confusion regarding which divisions reviewed the different application and permit types. With the submittal of all documents through the permit center, the City is able to electronically track when and what items were submitted for review. This has allowed ', the City to track the staff review times and we are now able to give applicants an estimated time for review comments at the time of submittal. In addition, by subrnitting to a centralized location, the City is able to determine what staff in each division needs to review a project to prevent permitting delays. Prior to implementing the change, submittals were being dropped off at the front desk, � during meetings, via email, etc. The City found that this type of drop off system led to improperly routed submittals, lost submittals, conflicts between the applicant and the City regarding what was submitted, and confusion at the time of plan approval as to what permit or application type was needed. Page 13 of 15 Developer's Forum Report Staff recommendation: The City will continue to require the submittal of documents to a centralized location but we will review the submittal process to determine where improvements can be made in 2010. 34. Four months for a plat hearing is too long. (SVBA) Staff response: We compared Spokane Valley preliminary plat times to those of the City of Spokane and Spokane County for the last 5 piats processed in each jurisdiction. We counted the number of days between the date it was determined complete to the date of the hearing. See Attachment E. Spokane Valley compares very favorably to Spokane and Spokane County. More importantly, is why it takes as long as it does. A breakdown of the steps for the last five piats is included in Attachment F. One area identified that could be reduced is the amount of time that outside agencies have to review the application. The SVMC requires a 30 day review period but this could be reduced to 14 days, saving two weeks for the applicant. Staff recommendation: Change the code to reduce agency review time to 14 days. - � _ . : � ..�....-., ; ry r �, � _._,--.-� �g -n_ -- -_ . �,. 35 Pre applica�ion�meetmgts ve, useful Staff.:does a oodz�ob of<preparation mfo"sh:anng and;proce_'ss explanation`�(DF) Staff response: The past year, we have worked on making our pre-application meetings more meaningful. Staff are required to visit the property prior to the meeting. We have also cross-trained Mary May so that we have two people in the department that can conduct the meetings. We are happy that applicants are finding them helpful and are open to any suggestion to make them better. Staff recommendation- N/A Outside Aqencies .— ,-„ ;36 _ Is the�e a way�to st�eamiine approvals from ;tFie wate�'distr cts�;(DF) Staff response: The City works with 13 water districts within our City limits. The districts have a variety of policies and practices. Not all the districts are staffed full time. Some of the boards meet once a month, others meet once a quarter. Staff notify applicants at their pre-application meeting that they need to work directly with the districts to ensure that water is available by the time their permit is ready to issue. Although the City does not have control over outside agencies, we have a handout of contact information for each district and will hand it out to the applicant at the pre-application meeting, We will also contact the water districts and ask them for suggestions for how the applicant and the City can make the process smoother. Staff recommendation: Provide a handout with contact information for all the water districts to applicants at pre-application meeting. (This has been implemented) Contact water districts for suggestions on how to make the process smoother. Monitor for a year after this is in place to see if other improvements can be made. 37 Fire.Distnct re guires 26,foot wide,'street before parking�is9pe�mitted° (SVBAj; . Fire District response: The reasons for the 26 foot rule are as follows: 2006 International Fire Code (IFC) Appendix D: D103.1; Access road width with a hydrant. Where a fire hydrant is located on an access road it shall be 26 feet. 2006 IFC Appendix D: D103.6.1; Roads 20 to 26 feet wide: shall be marked on both side as "fire lane-no parking" Page 14 of 15 Developer's Forum Report 2006 IFC Appendix D: D103.6.2; Roads 26 to 32 feet wide: shall be marked on one side of the road as "fire lane-no parking" 2006 IFC Appendix D: D105.1; Aerial Fire Apparatus Access roads: Width: Fire apparatus roads servicing any building over 30 feet tall shall be a minimum of 26 feet wide. Spokane County/City of Spokane Valley Road standard calls for widths that are the same as the fire code based on numbers of lots. Here are some common sense reasoning: Cars/pick-ups average 6-7 feet wide, are parked about 1-2 feet from the curb, add two foot snow burm, today's fire trucks are 11 feet mirror to mirror, so (7+2+2+11) = 22 feet, then you need room to operate from the truck (pre-connected hoses, fans, compartment doors that swing open). Then after the first truck stops at the fire, the nearest available fire hydrant may be beyond the first truck which means if the roads are too narrow, we can't get by the first truck to get to the hydrant. .._ _ . --� -� 38=Fire Department reguiremerifs are`excessive_.(SVBA) Staff Response: The Fire District implements the International Fire Code which is adopted by the State of Washington. Please contact the Fire District directly with concerns on the Fire Code. ��-- '* . -T.� . . ��. . 39:�Hearing?Ezaminer'decisionsltake too long . (SVBA) Staff response: The City reviewed the Hearing Examiner contract this past year and found that decisions were taking an average of six weeks. The Hearing Examiner rules have been updated allowing ten working days for decisions unless both parties agree to a time extension. The Hearing Examiner prepares thorough decisions but has assured the City he has a goal to reduce the time it takes to make decisions. Staff recommendation: The City will continue to monitor the length of time decisions are taking and the Hearing Examiner has made it a goal to reduce his review time. Other 40 T should havesa wo�kshop to firid�out whytdev_elopers won,t;work.here':;(SVBAj Staff response: The City has opened our development process up for public comment a number of times and are continually trying to improve. In 2010, we have some funds available to survey a broader range of people who use our services. These comments are helpful to make further improvements. Staff recommendation: Continue the dialog between staff and applicants to make improvements. I � Page 15 of 15 S`p'ol�n�� e� �valley° Developrnent Services Forum #4 City Hall Council Chambers 11707 E Sprague Avenue, October 1, 2009 7:30-9:00 am Agenda 1) Welcome and Sign-In 2) Updates e Code Changes o Sprague and Appleway Corridors Subarea Plan o Street Standards o Local Street Connection Plan o Shoreline Master Program o Affordable Housing 0 20091Codes o Process Changes o Collation Meetings o Over the Counter Review o Reduction in review time o Staff Changes 3) Top Ten Lists 4) Permit Process Misconceptions 5) Permit Process Dialogue (Audience Participation) o What is working well o What are concerns. 6) Next Steps 7) Questions & Comments Spokane �Valley� 11703 E Sprague Ave Suite B-3 1 Spokane Valley WA 99206 509.688-0036 � Fax: 509.688-0037 � permitcenterC�spokanevalley.org Application Processing and Review Most Reoccurring Staff Comments The Community Development project review staff has collected the items that are currently commented on the most during a typical project review and have presented them below. R�e hope that by identifying these items, you will be able to help us save time in processing and reviewing your permit and application documents. Project applications can be processed more quickly if you ensure that at least the following are addressed prior to submittal. Building Permit Applications Reasons for Incomplete Submittal 1. Submittal requirements outlined during the pre-application meeting have not all been included in the submittal 2. Applications are to be signed and dated 3. Incomplete property information — site address, parcel number, legal description, etc 4. Incomplete plan — lack of dimensioning and labeling of plan elements 5. Construction type not specified on application 6. Contractor performing work not specified on application 7. When required,the seal ofthe design professionalis missing 8. Provide soils letter 9. Provide NREC calculations 10. Provide critical materials list and/or hazardous materials list 11. Provide project valuation 12. Provide permit fee SEPA Submittals 1. Provide total area of the site 2. State where run-off is coming from i.e. rooftops, parking lots, etc 3. Note that stormwater is entering soils by way of drywells 4. Submit trip generation and distribution letter for transportation concurrency review Final Plats 1. Prior to submitting the final plat, contact the departments to obtain the specific plat language 2. Provide complete plat language 3. Provide Homeowners Association (HOA) number and name 4. Show existing easements and call out recording number for easement 5. Show right of way and border easements (existing and dedicated) 6. Provide dimensioning so the lot closures can be checked 7. Show existing structures City of Spokane Valley October 1, 2009 Application Processing and Review Most Recurring Staff Comments Civil and Drainage Design Submittals 1. On the cover sheet — a. Include Engineer's certification statement and signature. b. (for commercial projects) Include impervious azea calculations. The impervious azea calculations should include total rooftop area, total pavement azea, total gravel azea and total impervious azea. 2. Need Developer's signature on each sheet of the accepted set. 3. Confirm that pavement and aggregate thicknesses match Geotech recommendations 4. Use current WSDOT asphalt designation 5. Basin characteristics provided in the drainage report do not correlate with basin information used in the Bowstring calculations. 6. Confirm that the applicable standard notes in Appendix 3B of the Regional Stormwater Manual (SRSM) are included on the plans. 7. Riprap — provide stone size gradation per SRSM 8. The percentages of fines in the surface soils are too high to use the 1133A method per SRSM 9. Erosion Sediment Control Plan (ESC) — a. Provide onsite contact. b. Confirm that the applicable Erosion and Sediment Control (ESC) standard notes from Appendix 9A of the Regional Stormwater Manual are included on the plans. 10. Street sections do not include required information such as right-of-way, pavement width, etc. 11. Locate swales in border easements, roadside drainage easements or tracts. 12. Provide road-widening calculations where existing streets are being widened. 13. Include drawing mimbers for standard plans. 14. Provide Operations and Maintenance Manual 15. Provide lot plans 16. Confirm all hearing examiner conditions have been addressed Page 2 Last 12 Submittals LongestTime to Hearing: 458 Days Shortest Time to Hearing: 65 Days Average Time to hearing: 148 Days Last Five Submittals Longest Time to Hearing 220 Days Shortest Time to Hearing 65 Days Average Time to Hearing - � 118 Days Lowest 3 Average Time � � 83 Days - -- Spokane Valley/County/Spokane City Days to Completion As of 10-22-09 City of Spokane Longest Time to Hearing: 1283 Days Shortest Time to Hearing: 65 Days Averege Time to hearing: 396 Days � Lowest3AverageTime � � 90 � � Note: Last two plats were resubmittals with much of the initial Longest Time to Hearing: 694 Days Shortest Time to Hearing: 43 Days Average Time to hearing: 302 Days Lowest 3 Average Time 76 City of Spokane Valley Spokane County Development Review 8 Permits Fees fees (i) $25o Pre-application fee deductetl from land zone application fee if application is fletl within 1 year of preapplication meeting in Spokane Valley (2) Zone reclassifcation also has an increment fee ol $2/acre rurel and $5a/acre urban in Spokane Counry ,=lV . ....� � .,..�,. � ��.: �- � Vty,� a. �a:aa�..J . 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C4�1 8�JU-L,'J L2�- ��f' lvo r ��Crt=n, 3`7"Z1 � f>v..c_ 4"iZ �S �ee a! �.z�i.-� e ..�1+�✓- � f a 1 /' / -�f� C� �!'n.� �C z4Cl (� c�' r( ca � l 9� � I�I � C�rCO r.n �� C.�GWt Gr C � l C C�.;^-� I G v; . �� yir � v� ( �o �: s7: 11/24/2009 D.e l�o �e�r Fo�ru�l� � Repo��t � ------ — DECEMBER i, zoo9 KATHY MC CLUNG DIRECTOR OF COMMUNITY DEVELOPMENT Developer's Forum October i, 2009 � • Advertised to public and invitations to over 900 • 45 attended • Pre-function at SVBA in September • Collected total of 4o comments • Report addresses all comments in more detail 1 11/24/2009 Permit Center Mission � • WE ARE IN THE BUSINESS OF APPROVING APPLICATIONS THAT MEET THE REGULATIONS. • THERE IS NO ADVANTAGE TO STAFF TO REVIEW APPLICATIONS MULTIPLE TIMES n � � �� ';�� 4o comments About Permit Process � • 9 comments on regulations • 4 comments about staff • 2 about cost • 2o comments about process • 4 comments about outside agencies • i other z 11/24/2009 Comments About Regulations ��— • Stormwater -3 o Comments about size of swales, geotech requirements for reviewing swales and dry wells. o Regional manual difficult to change and all should be applied consistently. o Staff co-hosted a meeting with the county for engineers to clear up some mis-understanding about interpretations. �� Comments on Regulations ---------��--- – --.._...---- - -- • Professional requirements o Most required by state law o Staff will review the requirement for landscape architect on all projects T ° . e �� : ., . 3 11/24/2009 Comments on Regulations �� • Plat requirements-2 o Comments about fences and sidewalk requirements and discretion on surveys o Staff clarified a handout that required surveys for all BLA's o Fence requirements would require a code amendment o Ne�v street standards add some fleacibility on sidewalks that we haven't had before. � , _ . . � ,. . . , �� a Comments on Regulations ---- --��)-- - ---- • Curb o The benefit of curbs are described in the report. Any change would require a code amendment. 4 • • � " • . O '� � �• •.� • • �• • C• .• •. • •� � �• .�� i • � �� • �� • • �. • • � •i• �� . • �. • • �• �- • �� • ��- • �• �• .�' ,? 'tiS�{��^; . 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'` �^ , � ` ._ ', s '� y�.: �' �+ r�; , ?' ,� ..� , �, , � � � ,4�� ° `�4 �� ,$:`�.' �„� ,a,.'`�t�,r .�a 11/24/2009 Comments about Regulations ; —�� • Too many standards ("should be more like guidelines") o Hard to respond to without specifics o Standards ensure consistency o Many regulations are mandated by Federal and State regulations o There is a process to change the code � � t� � Comments About Staff — � • Phone calls not being returned o Policy explained. Contact information provided • Engineers don't have enough field experience o i43 years of total experience between � staff in DE • People at counter should build bridges o Further training and coaching planned • Mike Turbak does a great job coordinating permits o Great job Mike! 6 11/24/2009 Fees & Cost � • SV has higher fees than Spokane and County o Not true. Correct fee schedule provided. • It cost 30-50% more to develop in SV o Staff conrinues to work on reducing submittal requirements to minimum necessary. o Multiple re-submittals cost the City and applicant time and money. o More specific information would be helpful. � . �. - Comments on Process � • General- o Pre-applications are very useful. Staff do a good job of informarion sharing o Should have expedited submittal for express lane for experienced applicants o TI's should be high priority o Permit review times are better! o Create standardized drawings- working on this, can add more o Too many copies of drainage plan required- misunderstanding - -. ��: , .� . . . 7 11/24/2009 Comments on Process � • General- o Permit Center is asking for stuff that is irrelevant- reduced to minimum; process for questioning; permit techs cannot make the determination o Use the same planner all the way through.process- agree unless we can't o Isn't clear who is in charge- provided at forum and in report o All changes have to go through permit center- reason for this • o Small comments should be handled over phone rather than letter- reason for this too _�- �- Comments on Process _ � • sLA's- o Process much better o Look at county's process- works better for land consolidation • Plats- o Standardize language- creating templates o Structures req'd on preliminary, not final- we will correct o Grading permits req'd before fina] plat- clarified and changed 0 4 months for plat hearing is too long- found a way to reduce by i4 days; compare favorably to Spokane and County 8 11/24/2009 Outside Agencies � -- • Fire District requirements • Way to streamline approvals from water districts?-i3 that we work with. All different. • Hearing Examiner takes too long. �. .�� ` Other Suggestions � • City should have a workshop to find out why developers won't work here " j 9 11/24/2009 Next Steps ---��}--- --- • Copies to all attendees • Copy on Website • Presentation to SVBA December 9th • Work program for 2oio • Continued dialogue - � � I 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Administrative Report regarding comprehensive plan amendment (CPA-01-09) and associated development agreement. GOVERNING LEGISLATION: RCW 36.70A, RCW 36.706.170-210 and SVMC 19.30.015 associated with Ordinance 09-015. PREVIOUS COUNCIL ACTION TAKEN: Withdrew CPA-01-09 at the 2n reading of 2009 comprehensive plan amendments on May 12, 2009. BACKGROUND: CPA-01-09 is the only privately initiated 2009 comprehensive plan requesting to change from Low Density Residential (LDR) to High Density Residential (HDR) with a subsequent rezone from Single-family Residential District (R-3) to Multi-family High Density Residentiaf District (MF-2). The Planning Commission made a recommendation on March 26, 2009 which modified the original requested proposal that parcels 45242.9033, 45242.9035, 45242.9036, 45242.9050, 45242.9051, 45242.9056 and 45242.9057 recommended to change from LDR to HDR with subsequent rezone from R-3 to MF-2 and parcel 45242.9032 recommended to change from LDR to Medium Density Residential (MDR) and subsequent rezone to Multi-family Medium Density Residential District (MF-1). The City Council removed CPA-01-09 at the 2"' reading of ordinances 09-008 and 09-009 on May 12, 2009 directing staff to conduct further research on develogment agreements in association with comprehensive plan amendments, specifically for CPA-01-09. Staff researched the idea of a development agreement in association with a comprehensive plan amendment and carried forward an emergency ordinance adopted on August 11, 2009 � through ordinance 09-015. The emergency ordinance established the guidelines and process to allow restrictions to be placed upon comprehensive plan amendments through a development agreement. Staff coordinated with the owners, applicant, and applicanYs legal representation regarding a proposed development agreement in association with the applicanYs proposal to change from LDR to HDR with a subsequent rezone from R-3 to MF-2. All parties are in agreement with the proposed development agreement (attachment 4). ANALYSIS: The proposed comprehensive plan amendment is being reviewed with original applicant's proposal in association with development agreement to allow restrictions to be placed on the proposed amendment minimizing the impacts of future development by providing a transition to the adjacent low density residential designation to the east of the proposed amendment. The proposed restrictions agreed upon concerning the comprehensive plan amendment (CPA- 01-09) are as follows; 1. The area of restriction is the east 120 feet of the proposed amendment and/or parcel 45242.9032. 2. The number of units shall not exceed an MF-1 density of twelve (12) units per acre, or 21 multifamily units; 3. Building height shall not exceed an R-3 building height of thirty-five (35) feet; 4. No Multi-family building shall be located closer than forty (40) feet from the easterly property line; and 5. A Type 1 Buffer Strip ten (10) feet wide shall be consistent with a landscape plan approved by the City of Spokane Valley pursuant to the SVMC. OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Karen Kendall — Assistant Planner ATTACHMENTS: (1) Draft Development Agreement with associated exhibits i I � ""„"°°"°°"�'° Department of Community Development ....�.� Plannin� Division City Council Administrative Report Review of Development Agreement in association with Comprehensive Plan Amendment December 1, 2009 m e 1)IlC� td c m . - .`��, r...� �i �.(,�j �� .. _. � _l�ii � - �'` ��1- -�= _ - - ��--�� ".. .�ae�.�,...rn......,x,:a:m+.as�........��.��" ''...........""! �� i GIlYNAIIM`��1[AVFV Department of Community Development _�......� Plannin� Division ➢ Withdrew CPA-O 1-09 at 2nd Reading on May 12, 2009. ➢ Staff directed to research idea. ➢ Implemented an emergency ordinance on August 11, 2009. ➢ All parties in consent with proposed development agreement associated with CPA-01-09. December 1, 2009 Administrative Report Department of Community Development Plannin� Division —•—�—•—•—•—•—•—•—•—•—•—•—•—� ani AVCNUG-�-�-•-•-._._._._._._ . _ . _ . _ . � � ( I 452429050 � ► I I l I ! �-----� � � I I 45242.905� � � � � � � � � � hS2429036 E h 0 rn a � v �� ii 45242.9035 i �� lL-----a I � � � � � I � I � I � I � I I � � I I M1524290 � �� I �G� � ,21 I P �O � I �� s� sECnoN SHEET 2 45242.3032 �% r'� � /j . /. / � � , 4 � December 1, 2009 Administrative Report i : ;��.// '/�i r ; �/% After Recording Return to: City Cletk Ciry of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into by and between the City of Spokane Valley, a Washington non charter code city (the. "City") and Joy D. Swenson, Dennis A. Crapo and Melissa A. Crapo (hereinafter the "Developer"), collectively referred to hereinafter as the "parties". RECITALS A. Developer owns property located in Spokane Valley, Washington (the "Property"). A legal description of the Property is set forth in Eachibit "A" hereto. B. The Property contains 1130 acres of land, more or less. C. Through CPA-01-09, Developer requested a Comprehensive Plan Map Amendment from Low Density Residential to High Density Residential with a corresponding zone change from Single-Family Residential District (R-3) to Multi-Family High Residential District (MF-2). Developer proposes to construct a multi-family residential project. D. To integrate the Project into the neighborhood and provide for a compatible development, the Project shall be constructed according to the laws and regulations governing land use in the City of Spokane Valley and the additional conditions agreed to by the Developer and set forth below. In general the Developers agree that the portion of the Project adjacent to the Reflections Development (Shelley Lake PUD) shall have reduced density, building height will be limited to that allowed for single-family homes, reaz yard setbacks will be increased and Type 1 landscaping and a site plan approved by the City, all as set forth in Section 2.5(e) below. E. Development Agreements are specifically authorized by RCW 36.70B.170-210 as a proper exercise of the City's police power to include standards that apply to and vest the development, use and mitigation. The development standards in such agreement include residential densities, building sizes, mitigation measures, conditions, masimum height, setback, drainage and other land use matters. Page 1 of 12 F. The parties agree that the conditions set forth below aze intended to mitigate specific direct impacts resulting from the reclassification of the land to MF-2. G. A public hearing has been held before the City Council, and the City Council finds, pursuant to Ordinance # 09-015 that the Project conforms with the Comprehensive Plan. H. Notice for this heazing has been provided in a manner consistent with City Ordinances. NOW THEREFORE, in consideration of the mutual promises set forth here, the City and Developer enter into this Agreement. AGREEMENT I. DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: A. "City"'means the City of Spokane Valley. B. "Developer" means Dennis A& Melissa A Crapo, or their successors and assigns, partners or joint venturers including any participating builder but not including any resident. C. "Exhibits" means the following documents, which are attached to and incorporated herein by this reference: EXHIBIT A— Legal description of Property EXHIBIT B— Conceptual Project Plan. D. "ProjecP' means the 4`�' Avenue Cherry Wood Apartments consisting of 248 multi-family units as set forth in Exhibit "B" hereto. E. "Property" means the property located at/on Pazcel #45242.9050, 15622 E 4�' Avenue; Parcel #45242.9051, 0 Vacant Land; Parcel #45242.9036, 15706 E 4�' Avenue; Pazcel #45242.9057, 15714 E 4�' Avenue; Parcel #45242.9056, 0 Address Unknown; Parcel #45242.9035, 15720 E 4�' Avenue; Parcel #45242.9033, 0 Address Unknown; Parcel #45242.9032, 15818 E 4�' Avenue in the City of Spokane Valley, Washington, as more particularly described in the legal description attached as Exhibit "A". F. "Subsequent Project Approvals" means all Project approvals required by law or City policy after approval of this Agreement to construct the Project including, but not limited to, Clearing and Grading Perxnits, Preluninary and Final Subdivision approval, Binding Site Plan approval, Building Permits and Occupancy Permits. Page 2 of 12 II. DEVELOPMENT OF THE PROPERTY 21 Compliance with Existine Rules and Repulations. This Agreement shall not relieve Developer from Developer's obligations to comply with rules and regulations applicable to the Property and Developer's development and use of the same, and to secure such authorizations and permits as may be imposed as a condition of any work being perforxned on the Property. 2.2 Develo�er Covenants and Aereements. Developer hereby covenants and agrees to the following: (a) The Project shall establish a one hundred and twenty (120) foot wide azea of restriction ("Limited Density Area") along the eastern border of the development as depicted on Eachibit B, Sheet 1 of 2. Development in the Limited Density Area shall be consistent with the laws and regulations goveming such development in the City of Spokane Valley and further shall be limited as follows; (1) The number of units shall not exceed an MF-1 density of twelve (12) units per acre, or 21 multifamily units; (2) Building height shall not exceed an R-3 building height of thirry- five (35) feet; (3) No Multi family building shall be located closer than forty (40) feet from the easterly property line adjacent to the Reflections Development (Shelley Lake PUD) (see Exhibit B, Sheet 2 of 2); (4) Following construction of the Project, a Type 1 Buffer Strip ten (10) feet wide (modified from the required five (5) foot wide Buffer Strips) shall be consistent with a landscape plan approved by the City of Spokane Valley pursuant to the SVMC .(see Eachibit B, Sheet 2 of 2); and (5) Substantial conformance to attached Site Plan. (b) The Property is designated High Density Residential according to the Comprehensive Plan with the allowed density of 22 dwelling units per acre (SVDC 19.40.080), for a total of 248 permitted units; provided the density within the Lunited Density Area shall not exceed 12 units per acre (SVDC 19.40.070). Final Project development including the location of buildings and improvement shall be subject to administrative site plan review according to the City development regulations. III. MISCELLANEOUS 3.1 Term. This Agreement shall commence on the date it is fully executed by the Developer and the City following consideration and approval of the same by the City Council of Page 3 of 12 the City of Spokane Valley.(the "Commencement Date"). In the event of any appeal by a third party of the City's approval of this Agreement, the Commencement Date shall be automatically extended to the date that any such appeal is finally resolved. Developer agrees to defend, hold hannless and indemnify the City from and against any and all liability, damages, costs or expenses, including attorney's fees, azising from Developer undertaking any construction activities during such appeal. 3.2 Conditions Shall Run With the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. Each covenant to do or refrain from doing some act on the Property hereunder, (a) is for the benefit of such properties and is a burden upon the Property, (b) runs with the Property and (c) is binding upon each successive owner during its ownership of Property or any portion thereof, and each person having any interest therein derived in any manner through any owner of the property or any portion thereof, and shall benefit such party and the Property hereunder, and each other person succeeding to an interest in such Property. 33 Notices. All notices under this Agreement shall be in writing and shall be effective when personally delivered or 48 hours after deposit in the United States mail first-class, as registered or certified mail, postage pxepaid, retum receipt requested, to the following representatives of the parties at the addresses indicated below: To Developer: Dennis A& Melissa A Crapo c/o Diamond Rock Construction 2602 N Sullivan Road Spokane, WA 99216 Joy D. Swenson 15808 East 4�' Avenue Spokane Valley, WA 99206 and to: Whipple Consulting Engineers 2528 N. Sullivan Road Spokane, WA 99216 To City: Plazuiing Department, Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Page 4 of 12 and to: Office of the City Attorney City of Spokane Valley 11707 East Sprague Avenue, Suite 103 Spokane Valley, WA 99206 Either party may change its address by giving notice in writing to the other party. 3.4 Entire Agreement. This Agreement is complete and sets forth and contains the entire understanding and agreement of the parties, and there aze no oral or written representations, understandings ar ancillary covenants, undertakings or agreements which aze not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants-shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 3.5 Amendments. This Agreement may only be amended in writing signed by the City and the Developer. Conditions of development nnposed by the City Council of the City of Spokane Valley, after public hearing on this matter, shall not be altered without appropriate notice and public hearing. 3.6 Recordation of Agreement. This Agreement and any amendment or termination to it shall be recorded with the Spokane County Auditor. 3.7 Severabilitv. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by a court of competent jurisdiction the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perforxn taking into consideration the purposes of this Agreement or the rights and obligations of the parties have been materially altered or abridged. 3.8 Interpretation and Governin�Law. This Agreement and any dispute azising hereunder shall be governed and interpreted in accordance with the laws of the State of Washington. 3.9 Assi The parties acknowledge that Development of the Project likely will involve sale, conveyance, or assignment of all or portions of the Property to third parties who will own, develop and/or occupy portions of the Property and buildings thereon. Developer shall have the right from time to time to assign or transfer all or any portion of its respective interests, rights, or obligations under this Agreement or in the Property to other parties acquiring an interest or estate in all or any portion of the Property, including a transfer of all interests through foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure. Consent by the City shall not be required for any assignment or transfer of rights pursuant to this Agreement. In any such transfer or assignment, if the transferee or assignee agrees in writing to assume the obligations herein pertaining to the Property transferred or assigned, then the transferee or assignee shall be entitled to all interests and rights and be subject to all obligations under this Agreement, and Developer who has so transferred or assigned its rights, shall be thereupon be deemed released of liability under this Agreement for the property transferred or assigned, whether or not such release is expressly stated in such transfer or assignment; provided, Page 5 of 12 however, that such Developer shall remain liable for any breach that occurred prior to the transfer or assignment of rights to another party and for those portions of the Property still owned by such Developer. 3.10 No Third Partv Beneficiarv. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 3.11 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessazy under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 3.12 Voluntar�Agreement. The Parties hereby represent and acknowledge that this Agreement is given and executed voluntarily and is not based upon any representation by any of the Parties to another Party as to the merits, legal liability, or value of any claims of the Parties or any matters related thereto. 3.13 Authori . The undersigned covenant and represent that they are fully authorized to enter into and to execute this Agreement. This Agreement is executed by the parties as set forth below CITY OF SPOKANE VALLEY By City Manager Date Attest: By City Clerk Date Approved as to form: By City Attomey Page 6 of 12 DEVELOPER: By: BY� Joy D. Swenson Dennis A. Crapo Date: Date: By: Melissa A. Crapo Date: Page 7 of 12 STATE OF WASHINGTOI� )ss. County of Spokane ) On this day of , 200_, before me personally appeazed_ , and , to me known to be the City Manager and the City Clerk, respectively, of the CITY OF SPOKANE VALLEY, a municipal corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Ln witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Print Name: NOTARY PUBLIC in and for the State of Washington, Residing at: My commission expires: STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of , 2009, before me, a Notary Public in and for said State, personally appeared JOY D. SWENSON personally known to me to be the person whose names is subscribed to the within instrument and acknowledged to me that s/he executed the same freely and voluntazily in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. DATED this day of , 2009. Print Name: NOTARY PUBLIC in and for the State of Washington, Residing at: My commission expires: Page 8 of 12 STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of , 2009, before me, a Notary Public in and for said State, personally appeazed DENNIS A. CRAPO personally known to me to be the person whose names is subscribed to the within instrument and acknowledged to me that he executed the same freely and voluntarily in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. DATED this day of , 2009. Print Name: NOTARY PUBLIC in and for the State of Washington, Residing at: My commission expires: STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of , 2009, before me, a Notary Public in and far said State, personally appeared MELISSA A. CRAPO personally known to me to be the person whose names is subscribed to the within instruxnent and acknowledged to me that she executed the same freely and voluntazily in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. DATED this day of , 2009. Print Name: NOTARY PUBLIC in and for the State of Washington, Residing at: My commission expires: Page 9 of 12 Exhibit "A" Legal Description of the Property Parcel No: 45242.9050 and 45242.9051 The East 102 feet of the East half of the Northwest quarter of the Southwest quarter of the Northwest quarter of Section 24, Township 25 North, Range 44 E.W.M. Except the North 20 feet for 4�' Avenue; Situate in the County of Spokane, State of Washington. Parcel No: 45242.9036 The West 130 feet of the West half of the West half o£ the Northeast quarter of the Southwest quarter of the Northwest quarter of Section 24, Township 25 North, Range 44 East W.M. EXCEPT the North 20 feet;. Situate in the County of Spokane, State of Washington. Parcel No: 45242.9057 The West half of the Northeast quarter of the Southwest quarter of the Northwest quarter of Section 24, Township 25 North, Range 44 E.W.M.; Except the East 117 feet; Except the West 130 feet; Except the North 20 feet for Fourth Avenue; Situate in the City of Spokane Valley, County of Spokane, State of Washington. Tax Parcel Number(s): 45242.9035 and 45242.9056 The East 110 feet of the North 160 feet of the East half of the West half of the Northeast quarter of the Southwest quarter of the Northwest quarter, Except the North 20 feet thereof of Section 24, Township 25, Range 44 Spokane county, State of Washington AND The East 117 feet of the West half of the Northeast quarter of the Southwest quarter of the Northwest quarter in Section 24, Township 25 North, Range 44 East W.M. in Spokane County, Washington Except the North 20 feet thereof for roadway. EXCEPT the East 110 feet in the North 160 feet of the East half of the West half of the Northeast quarter of the Southwest quarter of the Northwest quarter, Except the North 20 feet thereof of Section 24, Township 25, Range 44 Spokane county, State of Washington Situate in the City of Spokane Valley, County of Spokane, State of Washington. Parcel #45242.9033 Page 10 of 12 The West 75 feet of the East half of the Northeast quarter of the Southwest quarter of the Northwest quarter of Section 24, Township 25 North, Range 44 EWM; EXCEPT the North 20 feet thereof; Situate in the County of Spokane, State of Washington. Tax Parcel Number(s): 45242.9032 The North half of the East half of the East half of the Southwest quarter of the Northwest quarter of Section 24, Township 25 North, Range 44 E.W.M. Except the North 20 feet thereof and Except the West 75 feet of the East half of the Northeast quarter of the Southwest quarter of the Northwest quarter of said Section 24; Situate in the County of Spokane, State of Washington. Page 11 of 12 Exhibit "B" Drawings Page 12 of 12 SEC. 24, T. 25N.� R. 44 E. W.M. ___ 4TH AVENUE �"_' f —_'_' T —"�..."_". r " T "_'_ I I �I I I ' I I �I I I i � � �� 45242.9035 � � � � �� I I �I I I ' I I �I I I I I IL____� I � 45242.9050 � � � � � i 1 I � I I SEE SECTC I I � I I sHEET 2 � I I � I I � , I I � I I I I I � I I I I I I I � i i � i i i ' __J I q � I o � r i 45242.9036 i N I 45242.9056 I a i 45242.9032 i I I p I 0 < I I I � P �� I I I I � Q�O � I I 45242.9051 � � � `� � � � I I IPti� � � � I I I � I i � � � � � I I I � I I I � I I I I I j I � I I I � I I I � I I I I � I L----�-----1---�--'-----�--"� ---° ____ EXISIING GATEO ___ APPROACH _—_ \ .1 _— �--��-- I � � I I '_Ui__, (\ � � w k �'+ � ¢ �Ti LANE J V ,( r--�----I w �SEE SECiION �� I ol SHEET 2 � I �.� � �I ��--"r'-- � I � �, °; � �. �� 4 � �. __�3_ I ,,;�', � '�{ I --��-A � ; ��. �I I � --'�-- i I �'� / � �1 �___ ,mi� � �� _�— �, MF-2: TOTAL ACREAGE = 11.30t Ac % 22 UNITS/Ac = 248 UNI7S ALLOWED OVERALL MF-1: ACREAGE = 1.783 Ac % 12 UNITS/Ac = 21 UNIiS ALLON'ED IN 120� S7RIP 227 UNITS ALLOWED ON REMAINDER OF PARCELS N W E S „a o o� ¢aa oo. N F Z w � F � ta m Q XZ wQ W F� mJ J � N � x � � z O F � Z _ N 3 w J J > w z Y 0 a m GRAPHIC SCALE tOO O SO 1OO 2OO SHEe-r 1 ( IN FEET ) oF 1 inch = 100 ft. Z SEC. 24� T. 25N.� R. 44 E. W.M. PROPERT' LINE (TYP.) 120' TYPE 1 BUFFER STRIP 10' WIDE (MODIFIED FROM 5' REQUIRED) 5' HEIGHT DIFFERENCE— MU57 BE PLANIED WI7H TREE3 RESIDENTIAL 20NING TO 7t{q7 WILL MAiURE TO 35' OR MF-1 ZONING� HIGHER STD 40' I— 7 5' 115' I i I i MIN. PLANTING I ' i 35' � i EXISi1NG HOUSE REQUIREMENT: EXISTNG 6' HIGH i SHELLEY LAKE i I 3" CALIPER /� SIGHT OBSCURING i P.U.D. � / FENCE ! � 50' I 40' PROPOSED SETBACK �_ 40' I 50� —}— 25' � (20' MINIMUM REQUIRED) +�NOTE: BUILDING HEIGHTS REFERENCED ABOVE PER SPOKANE VALLEY MUNICIPAL CODE SECTION 79,40.�20 AND 7ABLE 19.40-1. BUILDING HEIGHT DEFINED PER APPENDI% A—"DEFINITIONS" IN THE SPOKANE VALLEY MUNICIPAI CODE. ROOF LINE PROPOSED 4iH AND SULLIVAN DEVELOPMENT MOORE LANE e oo� na S o w � 'o�aa uao< � � Z W �"' � Q ta mQ XZ wQ W F� NJ J ] N `S! _ � � Z ❑ F L7 Z I N a 3 ) w J > w z a Y ❑ a N GRAPHIC SCALE 2O O 1O ZO 4O 9HEET I P41�� .Z ( IN FEET ) ❑F 1 inch = 20 ft. `z CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Meeting Date: December 1, 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: Lodging Tax Advisory Committee Recommendations, use of Lodging Tax receipts. GOVERNING LEGISLATION: State Law PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: On October 22 the Lodging Tax Advisory Committee met to hear presentations from applicants regarding tourism promotion. Presentations were made by the Spokane Regional Sports Commission, Valleyfest, Spokane Valley Heritage Museum and Spokane Regional Convention & Visitors Bureau. Each year the City makes dollars available from lodging tax receipts for tourism promotion programs. After the presentations and committee discussion, the Lodging Tax Advisory Committee recommended the following awards: Spokane Regional Sports $125,000 Valleyfest 10,000 Spokane Valley Heritage Museum -0- Spokane Regional Conv./Visitors Bureau 200,000 Centerplace 90,000 Total $425,000 OPTIONS: 1) Approve the recommendations of the Lodging Tax Advisory Committee to promote tourism via these events; 2) Modify the amounts of these awards; 3) Reject these recommendations. RECOMMENDATION: Staff recommends the recommendations of the Lodging Tax Advisory Committee be approved when this item returns to the Council for formal action on December 8. BUDGET/FINANCIAL IMPACTS: The cost to the City for this action will be $425,000 in lodging tax receipts which can only be used for tourism promotion. STAFF CONTACT: Finance Director Ken Thompson CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Street and Stormwater Maintenance Contract Renewal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Street and Stormwater Maintenance Contract Approval on April 24, 2007, Contract Renewal on February 6, 2008 and January 20, 2009 BACKGROUND: The City conducted a RFP process in March 2007. In April 2007 the Council awarded the contract to Poe Asphalt Paving by the following motion: 4 h4otion Cunsider�tion Cbntr�ct Apurov�l foi' Sneet �nd Stonutii•nter maiittenauce aud Revair — Neil Kersren. It n•ns morerl Gr' <'ormcibnemberl�furrson nnd seconded ro mvm•d t6e contrncr to Poe Asyhnl7 Paring in af� auiourrt nof to cxcead 51.175,119, a��d n+rtFror•i_e tlte City M�rn«,�er or desigr�ee ro sigu the coria�nct �rnd fiuure scn-ci�-senr• refiieivab/e nptior�s as prrn.ided !r� r{te RFP docinuents. Public t�'orks Director Kzrsten esplained that tlizre have Ueen no rhanees since tliis ��as last disaused bzfore Comicil. Deputv niayor I'�}'lor invited puUlic conunents: no coimuents wzre offzred. �oie �i Acclaniation: In fm or: Unnninrous. Opposed: Rrorie. _9bste��nous: 1�%one. Motion cnrried. The contract was for one year with seven one-year renewai options which may be exercised by the City. Poe Asphalt Paving provided an excellent level of service during 2007, 2008 and 2009. The Contract amount has been unchanged for 3 years. City streets are continuing to decline in the Overall Condition Index (OCI) which is resulting in a decline of about 2.5% per year as the result of a lack of adequate maintenance. An increase of $200,000 will provide some improvement to the overall shortfall. Poe Asphalt has requested a 3.3% increase to their unit bid prices for labor. All other unit prices will remain the same for 2010. I recommend that we approve the unit price increases and approve the base contract to Poe Asphalt paving in the amount of $1,375,119. OPTIONS: Renew the contract amount not to exceed $1,375,119, or provide staff with fuRher direction. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: The contract will be funded by the approved 2010 budget. STAFF CONTACT: Neil Kersten ATTACHMENTS: 2010 draft contact renewal letter ... /' � Scpol�ne ��alley� 11707 E Sprague Ave Suite 106 � Spokane Valley WA 99206 509.921.1000 � Fax: 509.921.1008 0 cityhall@spokanevaUey.org December XX, 2009 Poe Asphalt Paving, Inc. 2732 N Beck Road Post Falls, ID 83854 Re: Implementation of 2010 option yenr, Contract No. 09-003, for Agreemenl for Street and Stormwater Maintenance and Repair Services, No. 07-008, executed March 13, 2007 Dear Mr. Griffith: The City executed a contract for provision of Street and Stormwater Maintenance and Repair Services on May 11, 2007. The Request for Proposal states that it was for one year, with 7 optional one year terms possible if the parties mutually agree to exercise the options each year. The City would like to exercise the 2010 option year of the Agreement. The Compensation as outline in Exhibit A, 2010 Cost Proposal, includes the increases you requested and shall not exceed $1,375,119. This is the third of seven possible option years that can be exercised, and runs through December 31, 2010. Exhibit "A" — 2010 Cost Proposal All of the other contract provisions conYained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2010 option year, please sign below to acknowledge the receipt and concurrence to perform the 2010 option yeaz. Please return two (2) copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY Poe Asphalt Paving, Inc. Name and title Name and title Date signed Date signed 2. LABOR Costs Descri tion Hourl Cost OT Cost Su erintendenUMan er $ 56.35 $ 70.05 Foreman $ 41.85 $ 55.45 0 erator S 40.85 $ 54.45 Teamster $ 40.85 $ 54.45 Laborer $ 37.85 $ 50.35 3. E�UIPMENT De5C1i tlon Hourl Cost 38 KW Trador $ 60.00 22 KW End Dum $ 60.00 29 KW End Dum $ 60.00 40 DW End Dum $ 60.00 56 Pete End Dum $ 60.00 60 KW End Dum $ 60.00 23 Pete Su er Dum $ 80.50 24 Pete Su er Dum $ 80.50 25 Pete Su er Dum $ 80.50 27 Pete Su er Dum $ 80.50 28 Pete Su er Dum $ 80.50 257WaterTruck $ 44.50 259WaterTruck $ 60.00 205 Ford Tack Truck $ 44.50 273 Ford Service Truck $ 39.00 230 Ford F250 $ 16.00 300 Ford F150 $ 16.00 202 Ford F450 $ 26.75 208 Ford F450 $ 26.75 247 Ford F550 $ 26.75 75 Trailkin Lowbed $ 37.00 102 4 axle u $ 21.00 103 4 axle u $ 21.00 187 4 aule u $ 21.00 188 4 axle u $ 21.00 197 Bell Dum Trailer $ 21.00 144 3 axle tilt trailer $ 26.25 131 Trailmax Trailer $ 15.75 132 Trailmax Trailer $ 15.75 149 Trailmax Trailer $ 15.75 461 Cat Grade Roller $ 54.50 406 DD 34 Roller $ 44.25 411 D na ac 102 Roller $ 44.25 418 DD70 Roller $ 65.00 416 DD110 Roller $ 79.00 505 Boma $ 85.00 524 Blawknox 5510 $ 175.00 722 John Deere 210 $ 50.00 718 Huber 750 $ 55.00 711 Cat 160 $ 85.50 i 828 Broce Braom $ 55.00 926 tack Trailer $ 16.00 421 Piate Wackers $ 5.30 946 Multi saw $ 26.25 4. MATERIALS Descri tion Cost HMA $ 59.00 Top Course (5/8) $ 6.30 5. SUBCONTRACTORS LIST Wood 's As halt Sealcoatin , Inc. Frank Gume , Inc. MDM CansWction, Inc Northwest Fence NorthwestLandsca e Cameron Contractin , Inc. Ecli se Tra�c Control & Fla in CaYs E e Excavatin 6. SUBCONTRACTORS MATERIALS Descri tion Unit UnitCOSt n� ��..,, s..�u� r�� 4 1d f10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Street Sweeping Contract Renewal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Street Sweeping Contract Approval on March 3, 2007, Contract Renewal on January 22, 2008 and December 9, 2008 BACKGROUND: The City conducted an RFP process in February 2007. In March 2007 the Council awarded the contract to AAA Sweeping by the following motion: \E��' BL'SINESS � �4otion Consideratiou' Sheet Swzepin� Reque�t for Proposals — Jolui Huluuan Euguizzr Holuuan espl�ived that this issuz Evas previottsly przsented to Couucil \ovember 14 aud FeUivaiy 20; and thet staff norv seels approvnt of the conn'act to �a� S�veepu�e in an amouut uot m exceed $47 �.65 i. /i �rns ntored br Counciluteml�er Dene�mr m�d secondetl to m� nrd the conn•nct to .49d Su eeping in nn an�owu uo� to e.reeed 5473,65,' nnd nudioi�re t)ie Cin Mannger to sign the cann nct nnd fiuroe sere.n-rem• rene�rn/ options as yiorided in tlre RFP doc�m�ents. \Iayor �Villute iuvited public conuuznt: uo cunuuzuts �i°ere offered. Vote l�i- .4ccl�n�ntia�: L� Fm�or: Urinrii�»orrs. Opyoserl: lvoue. .�lbsrei�rior�.r: �l'one. :lfotio�i crn•ried. The contract was for one year with seven one-year renewal options which may be exercised by the City. AAA Sweeping provided a very good level of service during 2007, 2008 and 2009. In 2009 the total approved contract amount was $490,199.94. There will be no increase in the 2010 unit prices and the total contract amount will remain at $490,199.94. I recommend that we renew the contract for 2010. OPTIONS: Award the contract for an amount not to exceed $490,199.94, or give staff further direction. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: The contract will be funded by the 2010 approved budget. STAFF CONTACT: Neil Kersten ATTACHMENTS 2010 DRAFT contact renewal letter. .�, _ � CITY OF ``�"��`" �� "� ►� O�a.ile p � j Valley 11707 E Sprague Ave Suite 106 1 Spokane Valley WA 99206 509.921.1000 0 Fax: 509.921.1008 0 cityhall�spokanevalley.org December XX, 2009 AAA Sweeping, LLC P O Box 624 Veradale, WA 99037 Re: Implementation of 2010 option year, Contract No. 09-004, far Agreement for Street Slveeping Services, No. 07-001, executed March 13, 2007 Dear Mr. Sazgent: The City executed a contract for provision oF Street Sweeping services on March 13, 2007. The Request for Proposal states that it was for one year, with 7 optional one year terms possible if the parties mutually agree to exercise the options each year. The City would like to exercise the 2010 option year of the Agreement The Compensation as outline in Exhibit A, 2010 Cost Proposal, shall not exceed $490,199.94. This is the third of seven possible option yeazs that can be exercised, and runs from January 1 through December 31, 2010. E�chibit "A" — 2010 Cost Proposal All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. Please sign below to acknowledge the receipt and concurrence to perform the 2009 option year. Please return two (2) copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA Sweeping, LLC Name and title Name and title Date signed Date signed Attachment A AAA SWEEPING 2010 PRICING zoio ITEM DESCRIPTION UNIT PRICE 1 Mechanical Sweeper $ 144.27 2 Kick/Angle Brooms $ 105.32 3 Regenerative Air Sweeper $ 144.27 4 Water Truck $ 105.32 5 Dump Truck/ End Truck $ 10532 6 Loader $ 10532 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Park Regulations: Ordinances amending SVMC 5.15.010; 5.15.050, 6.05.050, 6.05.060, 6.05.090, and 8.45.010 GOVERNING LEGISLATION: RCW 9.41.290; RCW 9.41.300; SVMC 5.15.010; SVMC 5.15.050; SVMC 6.05.050; SVMC 6.05.090; SVMC 8.45.010. ` PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The Parks & Recreation Department is currently updating some of its administrative policies. As part of this process, City's Legal Department recommends that certain Code provisions pertaining to specisl events and vendors in parks be amended to be consistent with current City practice and policies. The following are the proposed Code revision amendments: (1) Currently, SVMC 5.15.010 and 6.05.050 require a special event permit for any activity on public property with an estimated attendance of 15 or more people, or a dance of five or more persons. This requirement creates unnecessarily burdensome and unrealistic requirements for City citizens. Staff recommends that these Code provisions be amended to require a special event permit for temporary activities on public property which affect the ordinary use of public property, as well as any activity where 200 or more people are estimated to attend. (2) Currently, SVMC 5.15.050 requires that a special event permit application be submitted to the Parks and Recreation Director at least five business days before the date on which the event will occur. This short notice requirement has the potential to cause significant burden on the City. Staff recommends that this provision require special event permits to be submitted at least four weeks before the date on which the event will occur. (3) SVMC 6.05.090(L) allows the sale of goods and services in City parks by contract with the City or by permit through the Parks & Recreation Department; however, SVMC 6.05.060 allows the sale of goods and services in City parks and facilities through written agreement with the City only. In order to make these two provisions consistent, Staff recommends amending the language in SVMC 6.05.060 to grant the Parks & Recreation Department the authority to issue permits for the sale of goods of services. In addition to these provisions and policies, Staff recommends that changes be made to Code provisions regarding firearms possession in parks and firearm discharge within City boundaries. The Washington Uniform Firearms Act (RCW Chapter 9.41) preempts City laws and ordinances regarding firearm possession and discharge (see RCW 9.41.290). RCW 9.41.300(2)(b) allows cities to enact laws and ordinances restricting frearm possession only in city-operated stadiums or convention centers. SVMC 6.05.090 enters state-preempted terrain by prohibiting firearm possession in parks and facilities. Staff recommends that the provision prohibiting firearm possession in City parks and facilities be amended to conform to state law. Many cities in Washington are reviewing and amending similar provisions at this time. Additionally, cities may enact laws and ordinances restricting firearm discharge only "where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized." RCW 9.41.300(2)(a). SVMC 8.45.010 prohibits firearm discharge within the entire City, but does not mention the existence of a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Staff recommends that this provision be amended to include such language. OPTIONS: Seek additional information or advance to first reading. RECOMMENDED ACTION OR MOTION: Consensus to put on a future agenda for first reading. BUDGET/FINANCIAL IMPACTS: Anticipated to be revenue neutral. STAFF CONTACT: Jandon Mitchell, Legal Intern; Mike Connelly, City Attorney; Mike Stone, Director of Parks and Recreation. ATTACHMENTS: Attachment 1— Proposed Ordinance 09'** amending SVMC 5.15.010, 5.15.050, 6.05.050, and 6.05.060 Attachment 2— Proposed Ordinance 09-'** amending SVMC 6.05.090 and 8.45.010 Attachment 3— Letter from Chief Van Leuven regarding likelihood of jeopardy to humans, domestic animals, or property DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHIlVGTON ORDINANCE NO. ***** AN ORDINANCE OF THE CTTY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING 5ECTIONS 5.15.010, 5.15.050, 6.05.050, AND 6.05.060 RELATING TO SPECIAL EVENTS, VENDORS IN PARKS, AND OTI�R MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code sections 5.15.010 arid 6.05.050, which require a special permit for any activity on public property with an estimated attendance of 15 or more people; and WHEREAS, the City of Spokane Valley recognizes the need for more flexible use of public property than Spokane Valley Municipal Code sections 5.15.010 and 6.05.050 provide; and WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code section 6.05.090(L), which allows the sale of goods and services in City parks only by contract with the City or by permit issued through the Parks & Recreation Depadment; and WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code 6.05.060, which allows the sale of goods and services in City parks only through written agreement with the City; and WHEREAS, the City of Spokane Valley desires consistency regarding the authorization to sell goods and services in City pazks. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code sections 5.15.010 and 5.15.050 aze hereby amended as set forth below. 5.15.010 Definitions. A. "Applicant" means the person, firm or entity making application For a permit. B. "City manager" shall mean the city manager or his/her designee. C. "Parade" means any mazch or procession consisting of people, animals, bicycles, vehicles, or combination thereof, except wedding processions and funeral processions, upon any public street or sidewalk which does not comply with adopted traffic regulations or controls. D. "Run" means an organized procession or race consisting of people, bicycles, or other vehiculaz I devices or wmbination thereof upon the public street or sidewalk. E. "Public property" means a street or other public place (i.e., park) under the control and authority of the City. F"Private event" means an event which uses public prooertv for the �urpose of monetary or personal ag in by anyperson partnershi�oup or�anization company or corporation or which is closed to the eeneral �ublic. �� . . > > , � e. ti:�.:.:.... �_ ....�.r... .._....e.,�._ G. "Special evenY' means: Ordinance 09-_ Special Events Page 1 of 3 DRAFT 1 Any activity of a temporary nature on public pronertv which affects the ordinary use of �ublic ri�hts-of-way,public parkin l�+ ots public parks intersections sidewalks or streets or which would si�nificantly impact the need for city-provided emergency services such as police fire or medical aid for purooses which include, but aze not limited to parades walks/runs street dances, fundraisers, sales, auctions, bikeathons, shows or exhibitions filmin e/movie events caznivals, circuses, caz shows, horse shows, fairs and block padies or other activiry demonstration or exhibition; or 2 Any activitv function or event which is o�en to the e�neral public, where 200 or more peonle are estimated to attend� or 3. A �rivate event. fsH. "Street" or "streets" means any public roadway, sidewalk, or portions thereof in the City of Spokane Valley dedicated to the public use. I F�FI. "Street dance" means any organized dance n any public street, public sidewalk or publicly owned parking lot. „ �, . > ..�.. „�«:.....«ea.,.,,..e.,,� 5.15.050 Permit — Application — Filing. A completed application for a special event permit shall be filed with the parks and recreation I director at least four weeks�� s before the date on which the event will occur. The parks and recreation director shall notify the applicant of approval or disapproval. Section 2 . Remainder of SVMC 5.15.050 Unchan¢ed. The remaining provisions of SVMC 5.15 aze unchanged by this amendment. Section 3. Amendment. Spokane Valley Municipal Code sections 6.05.050 and 6.05.060 are hereby amended as set for[h below. 6.05.050 Special event permits. A s�ecial event permit is required before the occurrence of a special event as defined in Spokane Va11e�Municipal Code 5.15.010 ��'- �°-'-� °°a c..,.:�:«:,.� .. ..:�..�.ie �....:...,.��;;� :... .... � �� j.�wY� . If the Parks & Recreation Depaz[ment deems necessarv, Sspecial event permits may be required for ' , , vents involving more than the routine use of a park_ -- ° °°«w,._:..,. ,.c , c ,._ ...,._.. ..e,...ie Where appropriate, special conditions for the event will be established by the department and included in the permit. The department reserves the right to cancel a permit for good cause. If reasonably possible, notice of cancellation shall be given at least 24 hours in advance of the event. A cancellation or denial of a special event permit may be appealed to the city council by filing a written appeal with the city clerk within 10 days of the date of the decision. Upon such appeal, the city council may reverse, affirm or modify the department's decision. 6.05.060 Sale oJgoods or services. The sale of goods or services in City parks or facilities shall be allowed only through written � agreement with the City: or bypermit issued by the department. Section 4. Remainder of SVMC 6.05 Unchaneed. The remaining provisions of SVMC 6.05 aze unchanged by this amendment. Ordinance 09-_ Special Events Page 2 of 3 DRAFT Section 5. Severabilitv. If any section, sentence, clause or phrase ofthis Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity of unconstitutionality shall not affect the validiry or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6 . Effective Date This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the ofFicial newspaper of the City. PASSED by the City Council this _ day of , 2009. Mayor, Richard M. Munson ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attomey Date of Publication: Effective Date: Ordinance 09-_ Special Events Page 3 of 3 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. ***** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 6.05.090 AND 8.45.010 OF TFIE SPOKANE VALLEY MUNICIPAL CODE RELATING TO FIREARM RESTRICTIONS. WFIEREAS, RCW Chapter 9.41 (The Washington Uniform Firearms Act) preempts ciTy laws and ordinances regarding firearm possession and dischazge; and WHEREA5, RCW 9.41300(2)(b) allows cities to enact laws and ordinances restricting firearm possession only in city-operated stadiums or convention centers; and WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code 6.05.090, prohibiting the possession of firearms in City parks and facilities; and WHEREAS, RCW 9.41300(2)(a) further allows cities to enact laws and ordinances restricting firearm dischazge only "where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized"; and WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code 8.45.01 Q regulating the discharge of firearms within the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code section 6.05.090 is hereby amended as set foRh below. 6.05. 090 Ru[es governing arse of City parks and facilities — Violation a misdemeanor. G. Firearms, Weapons. No person except duly authorized law enforcement personnel shall � possess a€treea}r,-bow and arrow, crossbow, or air or gas weapon in a City park or facility. No person shall discharge across, in, or onto any facility a firearm, bow and arrow, crossbow, air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property. This subsection shall not apply where the depar[ment issued a special event permit for such activity. SecNon 2. Remainder of SVMC 6.05 Unchan¢ed. The remaining provisions of SVMC 6.05 are unchanged by this amendment. Section 3. Amendment. Spokane Valley Municipal Code section 8.45.010 is hereby amended as set forth below. 8.45.010 Discharge offirearms prohibited. I A. Any person who knowingly discharges a firearm within the City is guilty of a misdemeanor: because there is a reasonable likelihood that humans, domestic animals, or propertv will be jeopazdized. Ordinance 09- Firearm restrictions Page 1 of 2 DRAFT B. "Fireazm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder. C. The provisions of this section do not apply to: 1. A person engaged in military activities sponsored by the federal or state govemments, while engaged in officia] duties; 2. Law enforcement personnel; 3. Security personnel while engaged in official duties; and 4. A person utilizing a properly licensed institutional, membership and/or commercial shooting range. SecHon 4 . Remainder of SVMC 8.45 Unchan¢ed. The remaining provisions of SVMC 8.45 are unchanged by this amendment. Section 5. Severabilitv. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity of unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6 . Effective Date This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this _ day of , 2009. Mayor, Richard M. Munson ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the CiTy Attomey Date of Publication: Effective Date: Ordinance 09- Fireazm restrictions Page 2 of 2 S`pokane ��al�ey° S�oa�c�►a�� i/a�L�v Po�ic� D�PA�z�nn�r�� Rick VanLeuven, Chief of Police 12710 E. Sprague Telephone 509-477-3300 Spokane Valley, WA 99216 Fax 509-477-3333 DATE: 11/13/09 FOR: City Manager Dave Mercier FROM: Chief Rick Van Leuven REF: Firearm Discharge With respect to the safety of the community within the Spokane Valley city limits, there is a reasonable likelihood that humans, domestic animals, or property will be in jeopardy from a firearm discharge anywhere within the city boundaries. Rick VanLeuven, Chief of Police Spokane Valley Police Department RVL:kmm CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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 : Website Content Management software replacement GOVERNING LEGISLATION: RCW 40.14, WAC 434-663-600 PREVIOUS COUNCIL ACTION TAKEN: Adoption of 2009 Budget BACKGROUND: In 2008, we were informed by NextlT that they were "abandoning" the InSuite software that we use for managing the content of our website. Since that time, we have been operating without software maintenance or support. If the software has problems or fails, our website is at risk. With half a million hits a year, it is our single largest point of contact with the community. In addition, new State requirements for website content retention go into effect January 1, 2010. Our existing software cannot meet these retention requirements. Replacement of the software is included in the 2009 Business Plan, $50,000 for the software purchase is included in the 2009 Budget, and $14,400 per year has been budgeted for ongoing hosting, maintenance and support. - This report provides information on the process of researching and selection of a new provider for the software and hosting of our website. OPTIONS: RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Acquisition up to $50,000; annual maintenance, support and hosting up to $14,400. STAFF CONTACT: Carolbelle Branch, PIO; Greg "Bing" Bingaman, IT Specialist ATTACHMENTS Website software upgrade presentation (,I'vua.I:�..itP^.�:.�:f';.I =• !t_ ' - I` - ��` _ ��`� CIT'Y OF SPC�I��:oi� ��'��.i�L.`� � Do you want to stay informed or be imolved in w�aCS going on in our Ciiy? Here's a sample of ' = � ` wpo�minc ?vents anC new infcrmaticn: - " � s� e � � . c lo6tl s�dCt�E P.6aCer Tuesd2y f Ic;emb?r 3��I cr Tuesday �Ie:ember 10 An O en Hc . c - avill he held en Thurs llc; 5 frr, � ip�m-?�m, in Council ChamCers at Cit}� Hall. �IicL here [c read tl�e Shoralino hdlaster Program. Join us for a public meeting at 6:OOpm on Wednesday, Nw. 18 in Council Chambers to review the DraR Emrironmentai Impact Statement (DEIS) on development af the proposed City Cerrter. Comments on the DEIS will be accepted until S:OOpm on Sunday, December 6, 2009. Read more... Read tha Court Services Altematives Reoort... 2010 8udqet... Read Citv Fnance 101, a helpiul summary of important information about the 2009 budget. Read the proposad new Street Standards.._ � • al�ley.org i - __ '-�. -:i - . i - - J `-r ; _)-�; . -- - - -- -: �- � _�.. .'I:� � � - � _�. � ... �� .� . � CTT1' D[Y:V:TT;L :TC � r Do vou �vant to faoR� zvhat s going on in dcy govcnmrnt? C}ick on Cih� Depaztments. : 1�� . v�� ::� ' : . . .,. .- , 0 InSuite — Existing software Filled our basic needs since incorporation Beta version affordable, limited functionality Provider has abandoned the software No support No repairs No upgrades Effective 1/1/2010, web content subject to public records retention requirements Greater amount of information on the website = greater effort to keep current Growing demand/opportunities for Web 2.0 communications Council desire to provide services online Upgrade functionality and appearance Ensure ADA compliance # p 't Current capacities � Unmet needs Researched other city websites Talked to other cities Presentations by three providers to Information Technology and Public Information New Content Management Program -Retains www.spokanevalley.org •Web based, hosted and supported •Retains valuable features •Editing and publishing permissions/security •Document and image uploading •Create links to files, pages, other websites •Copy and paste text content •Add images •Online polls and surveys � Added Features Tracks and retains changes Auto publish/age-off of content Auto retention of page content Larger content area per page -..,;� _ -.. , ---_ _ Multiple page templates �, _ _ _ __ Style sheets to ensure consistency Word-style or HTML editing, including spell check ...more added features Notification of broken links FAQ pages Expanded calendar capabilities Emergency notifications Improve website/webpage reporting Intranet ADA compliant... and more nprvve� � 1. � � �vigation EXIT 1,A � SITE-WIDE QUICKLINKS � � DEPARTMENTAL QUICKLINKS BREADCRUMBS SITE MAP � � STAFF DIREGTORY � O �� r � J � � • � / .� . _ � _' � .�, =,� {y ��. ,, _ _s, - �!`'.� ,. " �_ ;'-� _�, , � �"''. Web 2.0 •Audio files •RSS Feeds •News flashes •Emergency bulletins •Calendar updates �Meetings •Job postings •RFPs �Traffic alerts •Web page changes I m plementation • Included in 2009 Business Plan and Budget — $50,000 for purchase — $14,400 annual maintenance & support • Acquisition by Dec 31, 2009 . Architecture and primary design Software provider meetin departmental needs/prefE • Training � Content migration • Full functionality within 4 months uestion CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: 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 November 20, 2009; 9:00 a.m. Please note this is a work in progress; items aze tentative To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings December 8. 2009. Formal Meetin� Format, 6:00 u.m. [due date Mon, Nov 30] 1. PUBLIC HEARING: Development Agreement in Conjunction w/Comp Plan/Legislative Zone Change- Karen Kendall (20 minutes) 2. Consent Agenda: Payroll, Claims, Minutes, Holiday Closure, OPD Interlocal(?); JAG Interlocal (?); Geiger Contract (5 min) 3. Second Reading Proposed Ordinance to Amend 2009 Budget - Ken Thompson (10 minutes) 4. Second Reading Proposed Ordinance Adopting Street Standazds - John Hohman (15 minutes) 5. Second Reading: Fall Batch Code Amendments (includes ADU & Ord 08-006)- Tavis Schmidt (20 minutes) 6. Fust Reading Proposed Ordinance for Park Regulations - Mike Connelly/Mike Stone (10 minutes) 7. First Reading Proposed Ordinance Amending Comp Plan Text CPA O1-09 - Karen Kendall (10 minutes) 8. First Reading Proposed Ordinance for Legislative Zone Change CPA 01-09 (Map) - K.Kendall (5 min) 9. Motion Consideration: Allocation of Lodging Tax Funds - Ken Thompson (15 minutes) 10. Motion Consideration: Approval ofPoe Contract-Neil Kersten (5 minutes) 1 I. Motion Consideration: Approval of AAA Sweeping Contract Renewal - Neil Kersten (5 min) 12. Motion Consideration: Work Crew Contract - Cary Driskell (10 minutes) 13. Admin Report: Pines/Mansfield Project Change Order Approval - Steve Worley (10 minutes) [*estimated meeting: 140 minutes] December 15, 2009, Studv Session Format. 6:00 a.m. [due date Mon, Dec 7] Action Items: 1. Second Reading Proposed Ordinance Park Regulations- Mike Connelly/Mike Stone (15 minutes) 2. Second Reading Proposed Ordinance Amending Comp Plan Text CPA O1-09 - Kazen Kendall (10 minutes) . 3. Second Reading Proposed Ordinance for Legislative Zone Change CPA 01-09 (Map) -K.Kendall (5 min) 4. Motion Consideration: Development Agreement re Zone Change CPA 01-09 - Kazen Kendall (5 min) 5. Motion Consideration: Pines/Mansfield Project Change Order Approval - Steve Worley Q 0 minutes) 6. Mayoral Appointments to Planning Commission - Mayor Munson (I S minutes) 7. Appointments of Councilmembers to Vazious Committees - Mayor Munson (20 minutes) Non-action Items: 8. Council External Committee Reports - Councilmembers (15 minutes) 9. Court - Other Services - Morgan Koudelka (20 minutes) 10. Area-Wide Rezone Public Notification - Kathy McClung (20 minutes) 11. Info Only: Paveback; Shoreline Elements List [*estimated meeting; 135 minutes] December 22. 2009. Formal Meetine Format, 6:00 n.m. [due date Mon, Dec 14] 1. Consent Agenda: Payroll, Claims, Minutes (5 minutes) 2. Info Only: Deparhnent Reports [*estimated meeting: minutes] December 29. 2009 No Meetine Januarv 5. 2010 Studv Session Format, 6:00 n.m. [due date Mon, Dec 28 Action Items• 1. Oath of Office for Newly Elected Councilmembers 2 Council officer elections - Chris Bainbridge (20 minutes) Non-action Items: 3. Gambling Ordinance Amendment - Ken Thompson (10 minutes) 4. Council External Committee Reports - Councilmembers (10 minutes) [*estimated meeting: minutes] Draft Advance Agenda 11Y23/2009 2:53:00 PM Page 1 of 2 Januarv 8-9: AWC's "Elected Ofrcials Essentials" Doubletree Spokane City Center, 322 N Spokane Falls Court Winter Retreat (Suecial Meetinel — Januarv Mid-Week Date To Be Announced CenterPlace Conference Room 3:00 p.m. — 7:00 p.m. Januarv 12, 2009, Formal MeetinE Format, 6:00 p.m. [due date Mon, Jan 4] Proclamation: Human Tra�cking 1. Consent Agenda: Payroll, Claims, Minutes (5 minutes) 2. First Reading Ordinance Amending Gambling Ordinance — Ken Thompson (10 minutes) 3. First Reading Proposed Ordinance Amend 17.100.03Q file in Sup.or Dist Ct) (suspend rules?)C. Driskell (5 min) 4. Motion Consideration: Paveback—Neil Kersten (10 minutes) [*estimated meeting: minutes] Januarv 19, 2009. Studv Session Format. 6:00 o.m. [due date Mon, Jan 11] 1. Franchise Agreements — Cary Driskell (20 minutes) 2. Lexipol Policies — Rick VanLeuven (20 minutes) [xestimated meeting: minutes] Januarv 26. 2009, Formal Meetina Format. 6:00 p.m. [due date Friday, Jan 15] 1. Consent Agenda: Payroll, Claims, Minutes (5 minutes) 2. Second Reading Ordinance Amending Gambling Ordinance — Ken Thompson (10 minutes) 3. Second Read Proposed Ordinance Amend 17.100.030, file in Sup.or Dist Ct) (suspend rules?)C. Driskell (5 min) 4. Info: Department Reports [xestimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Plan Transpor[ation Benefit Dist (20101 a. Establish ord; Adult Entertainment (b) set public hearing; (c) draft resolutron; (d) ballot Affordable Housing Participation language Altemative Analysis (contracts) Transportation Impacts Bidding ConVacts (SVMC 3. — bidding exceptions) CenterPlace Catering [#= Awaiting action by others; City Hall Sales Purchase Agreement *= doesn't allow for time for public or council Comp Plan Qrtrly Update (Jan, April, July, Oct) comments] Concurrency Council Broadcasting Development Agreement Ord 09-015 exp 2-26-2010 East Gateway Monument Structure # Impact Fee Request Central Valley School District Law Enforcement Study Follow-up — ? Northeast Housing Solutions City Membership # OverweighUover size vehicle ordinance (2010) SARP Periodic Updates — Scott Kuhta Site Selector Review (March 2010) Sprague Appleway Corridor EA Stimulus, Phase 2 Strategic Transp. Financial Plan — Dave Mercier Draft Advance Agenda 11/23/2009 2:53:00 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ oId business ❑ new business ❑ public hearing � information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Renewal letter for 2010 Geiger Work Crew labor. GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Authorization in 2007 to approve agreement whereby City can hire Geiger work crews for general labor, such as weed whacking, snow removal by hand, and code compliance abatements. The first two of five option years were renewed in 2008 and 2009. BACKGROUND: The City hires Geiger work crews for manual labor where appropriate due to the cost and good work product. The contract must be renewed each year. Staff recommends renewing it for 2010. The only change is to increase the daily rate from $350 per day to $385 per day for a crew of 10 plus one supervisor/guard. OPTIONS: Place on subsequent agenda for motion to authorize staff to execute the proposed interlocal as drafted (such motion can be on the consent agenda or as a regular action item); request that staff not renew contract. RECOMMENDED ACTION OR MOTION: Place on consent agenda for December S, 2009. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: - Proposed renewal letter for 2010 - 2007 Agreement - 2008/2009 renewal letter OFFICE OF THC CITY ATTORNEY ��DO��ri� MICHAEL CONNELLY, CITY ATTORNEY CARY P. DRISKELL, DGPUTY CITY ATTORNGY V�ley 17707 East Spregue Ave Suite 103 1 Spokane Valley WA 99206 . 509.688.0235 1 Fax: 509.688.0299 1 cityhallC�spokanevalley.org L .Y[3..:1L$"ilL: .'�J '..s!tiM�t9sW..YL�:`f.'�FiN �4!�L.::Y: December I �, 2009 Captain John McG�ath Detention Services Commander Spokane County SherifPs Office i I 100 W. Mallon Spol<ane, WA 99260-0300 Re: Implementnlia� oJ' 2010 oplion yecir fnr• AgrcnmerH for Geiger Wor•k Creir Sen�ices Agrecmen�, execnled Februnrv, ?OOZ Dear Captain McGrath: The City and Spokane County executed a contrac[ for provision of Gei�er Work Crew Sen�ices in � February, 2007 (Resolution No. 2007-0134). "I'he contract identifies that there are five additional ' one-year renewal options if the parties mutually agree to exercise the options each ye2r. 1'he City wouid like to eseroiso the 2010 option year of the Agreement. Thc provisions of the � contract year 2010 ��ill therefore rcmain in efi'ect for that period with no change in lhe contracts original provis excepl for those set furth in the 2008/2009 renewal lelter, and wi[h the exception oP rnising the daily rate to $38� for a full crew. If you are in aarcement with exercising the 2010 option ycar under the conditions stated, please sign and rehvn this letter. This would be the third of tivc possible option years that can be exercised, and would run through December 31, 2010. Except for the modifications to the original conhact stated in this letter and those previously agreed to in the 2008/2009 renewal letter, all of the olher conhact provisions contained in thz original agreemenf are in place and will remain unchanged in eaercising this option year. Please sign below to acl<nowled�;e the receipt and concurrence to perform the 2010 oplion year. Please retain one copy and mt�il Ihe other one to the City. CITY OF SPOKANE VALLEY SPOICANE COUNTY SHFRIFF'S OFFICE � i ��` --_..___\� �� ' Ciry Manager/Deputy City Manaoer Jolui McGrath,��aptain � � %l� .fS -c.� j � Date signed Datc signed i Attachmeiits: 2007 Coiitract; 2008/2009 renewal letter I � ] � i"�. • . GEIGER CORI�,CI'ION5 CENTER ��'D TFTE CITY QF SPOKANf. VALT..F,Y �Vork Crc�v Scn�ccs Aercemcnt 7 Q134 TfiIS AGRELMENI' is cffcctive as of the Ist day of February, 2007 by and between SPOKANE COUNTY acting by and through the SPOKANE COUN"I'Y GEIGER CORREC7'IONS CENTER, P.O. Box 19202, Spokane, WA. 99219 (hereinafter called "CONT'[tACTOR') and the C17'Y OP SPOKANE VALLEY, 11707 East Speague, Suite I06, Spokane Valley, 1�'A 99206 (hereinafter called the "CI.IENT', OR "CI'CY"). The CON1TZr�CTOR and CL]E,I"f are join�ly referred to as `1'ARTIF.S" �vithin this agreemenc 4VHLREAS, SPOKANE COiIN1'Y GEIGER CORRECCION CENTER provides adult ollender work crews for hire by otherjurisdictions; and VVFIEREAS, CITY haz a necd for manual labor to provide cleanup for ��arious projects rclated [o public heallB, safeg� nnd ��elfare, anJ Geiger Corr�iion Center has such labor av:+ilable, and VJEIEREAS, this a�eement will define the tem�s :u�d scope of work to be performed and allocate liability for the Parties to this Agreement; and AIOW, THFREFORE, tlic PAR'iTES mumally agree on the tertns and conditions set forth belo��: AR'1'ICLE ONE SCOPE OF SERViCF,S � l.l Scopeot�Vork. Code Compliaitce 1. Loading City provided dumps�ers with ideuti6ed nuisance solid waste (household garbage) and materials. a. Said was�e .md materials �vill nol be HAZMAT or BIO FIr\ZMt\T; . b. No lifiing bcyond fifiy (50) pounds; a City staff precisely iden[ifies solid waste Rc materials to crew supervisor who directs efforts. 2. Trimming of excessive yard and shrubbery debris (weed whackin�raking). a. Loading yarNshrubbery debris in City pro�zJed dumpster. b. tW work occurs ou public property or iFon private properiy, CL1F.i!"I is responsible for obtaining pemiission. 3. ftequired equipment. a. Work gioves; b. Safety glasses; c. Isar protection (as applicablc); d. �1'eed eaters; e. Shovels (spade R snow) and rakes; f. indcmeot weather clolhing. Geiger Caneclions Center Agreement Page I of 5 � 07-10 Code compliancc staFf will coordinate directly with work crew supervisors as to lime and placc of abatement clean•ups. It is prc:femed ihe crew supervisor view the projects before the scheduled clean-ups for on site assessment. Code Compliance s�aff will accommodate crew supervisors schedule. Ri¢ht-o(-tivnv C7emu�n L The following work tasks will be performed in the City's rights-of-way: a. Weed abatement (no chemicals); b. Vegetation control (no chemicalsl; c. Non-irrib�ated swale maintenance; d. Litter control; c. Landscape, manual labor, and E Debris clean-up for City Cade Compliance. 2, The City has purchased small equipment for lhese aclivities for usc by CONTRACTOR on behalf of the C11'Y tbat CONTRACT'OR kccps stored al its facility. Geiger agrees to perfortn minor maintcnancc on [his equipment on an as-needed basis. For the purpose of this A�eement, "minor maintenance'' shall include mainten�ce which would be performed by an individual if he owned tliis equipment and uscd it for his personal use. 1.2 Complianee With La�vs. The CO�TRACfOR shall comply with all applicable la�vs, ordinances and codes of the United States, Slate of �Vashington, Spokane County and City of Spokwe Vallcy, including those that prohibit unlawful discrimination. ] 3. Airing Standards. 'fhe CONI'RACI'OR will use offenders housed at Geigcr to provide work crew services th.{t to t6e bes[ kuowledge of CONTRACTOR, have a stable work hisrory, positive regard for the community, and are in good physical condition and capable oE performing the services identified in Section I.1. No inmates commilled to the custody of Geiger will be assigned ro the work crew w6o have pending charges or have been convicted in the past of any violent crime or who havc bcen com�icted of any offense requirin� registration as a sex o£fenJer. 1.4 Eqiiipment nnd Cleaning Supplies. The CL[ENT will provide all specialized equipment (e.g. backpack blowers and Four wheel mechanical mules). This equipment will belong ro the CI,�NT and will be maintained by the CONTRACTOR in good working condition throu�out the contract tem�. Equipment will be mainlainetl anct s[ored at a facility of COT'TRACTOR'S choice. All CLIEM-owned equipmen[ irceparably damaged or destroyed lhrough CONT'RACTOR negligence will be repaired or replaced by the CONTRACCOR. Yecessary consumable, non-specialized equipment (e.g. mops, brooms and other hand tools) and cleauing supplies will be provided by the CLlEN7' to comptete �vork projects. 1.5 Vehicle. '1'he CONTRACTOR wiJl provide a motor ��ehicle for uansporting the work cre�v to lhe work site. The vehicle will be owned and maintained by the CONTI2ACTOR. 1.6 �Vork 5c6edule. The CLT.ENT shall establish a work crew schedule (hat anticipates using work crews on an as-needed, on-call basis. Provided, however, CLIENTS recognizcs that COn7'ItACTOR retains the authorily to adjust any work cre�v scl�edule. CI.TENT �v�11 reimburse the cost of the otTicer's overtime if the crew is required to work beyond the standard worl:day, or beyond forty houts iu a week as prearrangcd. The Cf:11:iJT will reimburse the cost of the officers holiday premium pay if work is perFormed on Counry holidays. Geiger Corrections Ceorer Agreement Page 2 of 5 1.7 Unifom�s. The CONTRACTOR shall provide and have final approval of all unifocros �vorn by thc woric crc�v during the p¢rformancc of work. �Vhcn necessary, safery vests will be wom by the work crew. 'Che COi�'TRACI'OR will ensure that this clothing is cleaned and maintained in such a �vay so as to present a neat and `imified clodung" appearance for the work crerv. 1.8 Independent Contructor. The CONTRACTO.R, in thc performancc of this Agreement, is acting as an independent contracior and not in any manner as officecs, employees or ageots oF the CLIEN7'. 1.9 Reporting. ff requesled, [he COA'TRACTOR agrces to providc monthly reports oWlining hours of work each manth and a general summary of activities performed. Reyuested reports will bc provided to the CLIbT'T no latcr than lhe fifth day of the following month during the term of this Agreement. 1.10 Media Cont�ct The COidTRACTOR and their agents agree to refcr all media contacts relative to their work on this contract [o Ciry Public Inforniation O�cer. Al2T1CLE T�1'O CONiPENSATIO\' 2.1 Services Fcc. The CL1E��'C shall pay the CONTRACTOR three hundred dollars (5300.00) per work crew, per tlay ��orkecl, for straight [ime hours. Any work performed on a holiday or in excess of 40 hours per wor}: «�eek will be billed at the appropriate Spokane County wage scale. 2.2 Sen�icc Fcc Adjustmcnts. Both PAR7Ir5 to the Ageement will review the sen�ce fee annually. Adjustmcnts [o service fees pursuant to Section 2.1 must be submitted by the CON'I'RACTOR - to the CLIENT for consideration no later than September I" of the year prior to a new budget year. 23 Im�oices. CONTRACTOR shall provide CLIENT with monthly invoices. CLIENT shall pay said invoices to the CONTRACTOR wilhio 20 days of receipt of the monthly invoice. Payment for services will not be released to the CONfRAC1'OR until invoicing and reporting requiiemeots are me[. ARTICLT 'I'I�REE 'I'�RD1 r�ND '1'E12D17NAT10N 3J Term. The lertn of the Agrecmcnt shall begin February I, 2007, and shall tcrminate on December 31, 2007. This Ageemeot maybe rcnewed upon mutual conseot of the PARTIES ro the agreement For up to five (5) additional years on the same terms, subject to muhially agreed upon increases to d�e service fee pursuant to Section 2. L Any such renewals may be pursuant ro letter agreement signed by bo[h panies. 3.2 Tcrmination. Cither party may [erniinate this Agrzement for any reason whatsoever upon giving thc othcr pany thirty (30) days wrincn noticc of such tcrmina[ion. 3.3 Ilandling of I'roperty upau Contract Tcrniinallon. All purchases of equipment supplied by the CL[EN1' and deemed �o be the property of the CL[ENT s6all be invenloried and kep� separate from other CONTRACTOR propeAy. Upon termination of this A(�eement, all equipment shall be returned lo the CLIENT. Geiger Correcrions Cen�er Agreement Puge 3 oF5 ARTICLE FOUR QUALITY OF PE}2E012MANCE 4.1 Pcrformancc. The CI,TENT shall judgc lhe ovenll quaLity of the work perfocmed, and the suf(iciency of records. If during the coi¢se of this Agreement, the services rendered do not meet the requuements of the CLLENT under this contract, upon written notification, lhe CONTRACTOR agrees to meet with CGent wd muwally detecmine what steps are necessary to correct, modify and/or properly _ perform the services. 4.2 Liability. Lach Pr�RT'Y agees lo assume responsibility for all liabilities that cecur or arise in any way out of lhe perfonnance of lhis agreement by its personnel only and to save and hold the other party, its employees and officials, harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions o( the pariy's employees relating to the performance of this Agreement. Alt'1'ICLE F1VE �TISCEi.,I,ANF,OUS 5.1 Pnrties-In-Interest anJ Assignment. 'Chis Ageement is binding upon and is for the exclusive benefil of the Pr1RTIES hereto and their respective successors and assigns, and no person who is not a PART'Y herelo shall have any riy�ts under this A�eement, either as a third party beneficiary or othenvise. Neither PARTY may assi6m this Agreement wilhout the prior writteu consent of the other PARTY. 51 Notices. Any notice, report or other communication required or pennitted hereunder sl�all be in ��riting and shall be delivered personally or by regular US mail postage prepaid, addressed as follo�aed: lf to Coutraclor. Leon I..ong Director Geiger Correclion Centcr 3507 South Spotted Road Spokane, \�✓A 99219 If to Client: 'Cim Klein and Chris Berg City of Spokane Valley I 1707 East Sprague, Suite 106 Spokane Valtey, WA 99206 Any notice or other document or report hereunder shall be deemed delivered or given as of the date received, i f Jelivered in person, or as of the date sent if mailed. 5.3 Entirc AgrcemcnL This Agrccmcnt supersedes any and all prior onl or written agreemcnts and understandings rela[ing �o the subject matter hereof and contains the entire agrcement of the parties relating to the subject m�lter 6ereof. r�ll e.ehibits, addenda, schedules and appendices hereto, now or hereafter created, are incorponted iulo this Agreement by reFerence and made a part hereoE The terms "hereof," "herein" and like words shall refer to this Agreement in its enlirety wd shall include such e.el�ibits, addenda, schedules and appendices. This Agreement cannot be amended or modified, except by a written a�femeal executed by lhe PAR1'lES hereto or their respective successors and assigis. Geiger Corteccions Center Agreement Page 4 of.5 � . . �` 5.4 Go��crning Ln�v. T'his Agreemcnt sball he goverued by, and construed in acco�dance �vilh, lhe 1a�3�s of t.be Stete of Washington. A finding thai .uiy tCmt or pmvision of this Agreement is invalid or unenforceable shall not affeci f.hc �alid�cy orenf'orceabitity of the remainder of Ihis Agree3nent. Vcnue for any adion arisin� out of ihis Agreemeot shal l be in Spokaue Coun[y. �.5 Counterparts. This Agreement maybe executed in se�eral counterparts, each of which shall be d¢emed an ari;inal, but al] of which [ogether s}tall coostitute one and tl�e same instrument, 7'bis Agreement sliall 6e Uinding when at least one counterpart has heen signed hy 6olh PARTIES. IN WI'ITI.ESS WHEREOF, the 1�A}tTIES have causeci [his A�eement to be executed on date and year opposite their respec [ive sigiatures. BOAI2ll UF COUNTY Ci7NiMFSSLONERS , �FSPOKANECO WASF1CfYG'fd'N AATIi17 r ' q pF '�'�is ark Richa , Chair o- � m° Q ?Q ° ti �} �' ATTT:ST: � �'� • $ nieMager, Vice-Chair Clerk tLe BoarA `'� �' � -�^�: -' �` �. Uamela Enekson Tod Mielke, Commissioner CITY OF SPOKATVE VALL�Y I � / C pATr_o _3 /1_ q!_e 7 � .� _ David A4ercier, City Mnna�c[ i1 � �� e / c _ ChiisCine.Aainbridge, City 3erk Appro�ec{ as lo form' ' Ufficeof: eCilyAlb .cy CeigerC.�nectionsCenterAgreeroen[ Yage S oF5 OFFIC� OF TFIE CITY ATTORNEY ['`��y�7 �� MICHAEL CONNELLY, CITY ATTORNEY a �r�a ��Y P, DRISKELL, DEPUTY CITY ATTORNEY IJ� 1�� Valley� 11707 East Sprague Ave Suite 103 1 Spokane Valley WA 99206 509.688.0235 � Fax: 509.688.0299 � cityhall@spokanevalley.org February 20, 2009 John McGrath, D'uector Geigex Correction Center 3507 South Spotted Road Spokane, WA 99219 . Re: Implenientation of 2008 and 2009 option years for Agreement far Geiger Work Crew Services Agreement, ezecuted February, 2007. Dear John: The City and Spokane County executed a contract for provision of Geiger Work Crew i Services in February, 2007. The contract identifies that there aze five additional one-yeaz renewal options if the parties mutually agree to exercise the options each year. It appeazs that we have continued to utilize Geiger work crews this year even though we failed to mutually exercise the option this year. In order to clean this up, the City would like to exercise the 2008 option year of the Agreement. The provisions of the contract yeaz 2008 will therefore remain in effect for that period with no change in the contracts original provisions. Additionally, we would like to exercise the option for 2009. The provisions of the original contract will remain in full force and effect for the contract yeaz of Januazy 1, 2009 until December 31, 2009 except for the following provisions: The first sentence of Section 2.1 entitled "Services Fee" will be modified as follows: "The CLIENT shall pay the CONTRACTOR three hundred fifty dollazs ($350.00) per work crew, per day worked, for straight time hours." Section 5.2 regarding notices "If to Contractor" shall be modified to require nofice to "Captain Jotui McGrath, Geiger Corrections Center, 3507 Spotted Road, Spokane, Wa. 99219. If you are in agreement with exercising the 2008 and 2009 option yeazs under the conditions stated, please sign and return this letter. This would be the first and second of five possible option yeazs that can be exercised, and would run tluough December 31, 2009. Except for the modifications to the original contract stated in this letter, all of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising these opfion years. Please sign below to acknowledge the receipt and concurrence to perform the 2008 and 2009 option years. Please retain one copy and mail the other one to the City. 1 r:i..�� i.! � ( CIT F SPOKANE VALLEY Geiger Correction Center , � � �i.. -� z . Name and i e �ufi� �+r/ ?�'1�"� cdm McGrath Director � a O �'�vaZ ��/ Date si ed Date signed Attachment: 2007 Contract 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Interlocal agreement with Spokane — Use of remaining Office of Public Defense grant funds. GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: The Council has previously approved applying for grant funds from the Washington State Office of Public Defense in 2008 and 2009. The City made joint requests with the City of Spokane for those years for funds to benefit the Community Relicensing Program operated by the City of Spokane, which also processes clients from Spokane Valley. BACKGROUND: The City received $37,500 for 2008 and $6,500 for 2009 in grant funds for the broad purpose of providing better public defense, and more specifically to ensure that a large number of Driving While License Suspended 3r Degree cases (unpaid tra�c tickets for the most part) would be funneled into the program to help them get their licenses back, pay their tickets, and get liability insurance. We turned the funds over to our contract public defender, Spokane County, who used part of the funds to put forms and processes into place to meet the intended goal. The County public defender's office was very efficient, and only used part of the money, and sent the balance ($37,354.79) back to us. The City of Spokane, which actually operates the program, has requested that we turn the remaining grant funds over to them so they may continue to operate the program to our mutual benefit. Staff has no objection to this, as they are restricted funds, and would otherwise have to be returned to the State. OPD is supportive of transferring the funds to Spokane for "City of Spokane public defense improvements that are authorized by statute and OPD policy." (See attached e-mail from Spokane Public Defender, Kathy Knox) OPTIONS: Request changes to interlocal agreement; place on subsequent agenda for motion to authorize staff to execute the proposed interlocal as drafted (such motion can be on the consent agenda or as a regular action item) RECOMMENDED ACTION OR MOTION: Place on consent agenda for December 8, 2009. BUDGET/FINANCIAL IMPACTS: N/A, as they are restricted grant funds. STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: - Proposed interlocal agreement - E-mail from Kathy Knox, dated 11-19-09 INTERLOCALAGREEMENT PUBLIC DEFENDER SERVICES — RELICENSING PROGRAM THIS AGREEMENT is entered into between the City of Spokane, a municipal corporation of the State of Washington, having offices for the transaction of business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as "City of Spokane", and the City of Spokane Valley, a code city of the State of Washington, having offices for the transaction of business at 11707 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "City of Spokane Valley"; and jointly hereinafter referred to as the "Parties." WITNESSETH: WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform;and WHEREAS, the City of Spokane, by Katherine S. Knox, Public Defender, and the City of Spokane Valley, by Cary P. Driskell, Deputy City Attorney, made application to the State Office of Public Defense (OPD) for funds to be used for public defense and specifically for the joint City / County Community Relicensing Program for 2008. That application was approved and funds in the amount of $75,000 were awarded to be shared equally by the City of Spokane Valley and the City of Spokane. The cities jointly made a request for continuing grant funds for these purposes for 2009, and were awarded $6,500 each; and WHEREAS, the City of Spokane Valley contracts with Spokane County for public defense services for Spokane Valley misdemeanor and gross misdemeanor cases, many of which are the charge of driving while license suspended in the third degree; and WHEREAS, the City of Spokane and Spokane County have jointly provided financial and / or personnel resources to reestablish the joint City/County Community Relicensing Program; 1 WHEREAS, the City of Spokane, City of Spokane Valley and Spokane County entered into an agreement for use of the grant funds; and Spokane County had unused funds which it returned to the City of Spokane Valley. The total remaining, unused grant funds for the City of Spokane Valley is $30,854.79; and WHEREAS, the parties received additional monies for the 2009 year; -- Now, Therefore, The Parties agree as follows: SECTION NO. 1 PURPOSE The purpose of this Agreement is to set forth the Parties' understanding of the terms and conditions under which the Parties will utilize the remaining and new grant funds received from the State Office of Public Defense for public defense and specifically for the joint City / County Community Relicensing Program. SECTION NO. 2 DURATION This Agreement shall be effective on December 16, 2009 and run through December 31, 2010. Either party may terminate this Agreement for breach of any provision by the other party. Provided, however, prior to such termination, the terminating party must give at least thirty (30) days written notice to the breaching party of the basis of the termination. If the breaching party cures the breach to the satisfaction of the terminating party, the notice shall be null and void. Provided further, this Agreement shall automatically terminate in the event the grant which is the basis of the funding is terminated, unless the Parties agree in writing otherwise. SECTION N0. 3 SERVICES The City of Spokane Public Defender's Office will use the remaining and new monies from Spokane Valley for data entry for the Relicensing Program and other defender costs, such as investigator expenses. SECTION NO. 4 : COMPENSATION The City of Spokane shall receive a maximum of THIRTY SEVEN THOUSAND THREE HUNDRED FIFTY FOUR AND 79/100 DOLLARS ($37,354.79) for its services provided under the grant. The City of Spokane Valley's financial obligation is limited to these excess and new grant funds. 2 SECTION NO. 5 PAYMENT The City of Spokane Valley shall, no later than twenty (20) days after full execution of this Agreement, remit to the City of Spokane, the full amount of this Agreement. SECTION NO. 6 : AUDIT / RECORDS Each Party shall maintain for a minimum of three (3) years following final payment all records related to its performance of the Agreement. Each Party shall provide access to authorized representatives of the other Party, at reasonable times and in a reasonable manner to inspect and copy any such record. In the event of conflict between this provision and related auditing provisions required under federal law applicable to the Agreement, the federal law shall prevail. SECTION NO. 7: NOTICES All notices or other communications given hereunder shall be deemed given on: (i) 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 certified mail delivery, receipt requested and postage prepaid addressed to the Parties at the address set forth below, or at such other address as the Parties shall from time-to-time designate by notice in writing to the other Parties: CITY OF SPOKANE: City Public Defender City of Spokane 824 North Monroe Street Spokane, Washington 99201 CITY OF SPOKANE VALLEY: Office of the City Attorney 11707 East Sprague Avenue, Suite 103 Spokane Valley, Washington 99206 SECTION NO. 8: ASSIGNMENT This Agreement shall be binding upon the Parties, their successors and assigns. No Party may assign, in whole or in part, its interest in this Agreement without the approval of the other Parties. SECTION NO. 9 LIABILITY The City of Spokane shall indemnify, defend and hold harmless the City of Spokane Valley, its officers and employees from all claims, demands, or suits in law or equity arising from the City of Spokane's intentional or negligent acts or breach of its obligations under the Agreement. The City of Spokane's duty to indemnify shall not 3 apply to loss or liability caused by the intentional or negligent acts of the City of Spokane Valley, its officers and employees. The City of Spokane Valley shall indemnify, defend and hold harmless the City of Spokane, its officers and employees from all claims, demands, or suits in law or equity arising from the City of Spokane Valley's intentional or negligent acts or breach of its obligations under the Agreement. The City of Spokane Valley's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the City of Spokane, its officers and employees. 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. 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. Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. Each Party waives, with respect to the other Parties only, its immunity under RCW Title 51, Industrial Insurance. The Parties have specifically negotiated this provision. SECTION NO. 10 INSURANCE During the term of the Agreement, the each Party shall maintain in force at its own expense, each insurance noted below: a. Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap Insurance in the amount of $1,000,000; b. General Liability Insurance on an occurrence basis, with a combined single limit of not less than $1,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the . indemnity provided under this Agreement; c. Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $1,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non-owned vehicies. 4 d. Professional Liability Insurance with a combined single limit of not less than $1,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this Agreement. The coverage must remain in effect for two years after the Agreement is completed. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days written notice from the insuring Party or its insurer(s) to the other Party. As evidence of the insurance coverages required by this Agreement, the City of Spokane shall furnish acceptable insurance certificates to the City of Spokane Valley at the time it returns the signed Agreement. The certificate shall specify all of the parties who are additional insured; and include applicable policy endorsements, the thirty (30)-day cancellation clause, and the deduction or retention level. SECTION NO. 11 : ANTI-KICKBACK No officer or employee of the a Party, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO. 12 : 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 competentjurisdiction within Spokane County, Washington. SECTION NO. 13 : 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. 14 : NON-DISCRIMINATION No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. 5 SECTION NO. 15 : MISCELLANEOUS A. NON-WAIVER: No waiver by any party of any of the terms of this Agreement shall be construed as a waiver of the same or other rights of that party in the future. B. ENTIRE AGREEMENT: 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. C. MODIFICATION: No modification or amendment to this Agreement shall be valid until put in writing and signed with the same formalities as this Agreement. D. 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. E. 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. F. SEVERABILITY: If any parts, terms or provisions of this Agreement are held by the courts to be illegai, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the 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. G. RELATIONSHIP OF THE PARTIES The Parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of the City of Spokane shall be deemed to be an employee, agent, servant or representative of the City of Spokane Valley for any purpose. Likewise, no agent, employee, servant or representative of the City of Spokane Valley shall be deemed to be an employee, agent, servant or representative of the City of Spokane for any purpose. 6 SECTION N0. 16 : RCW 39.34 REQUIRED CLAUSES A. PURPOSE See Section No. 1 above. B. DURATION See Section No. 2 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. The City of Spokane's contract administrator is Katherine Knox, City Public Defender. The City of Spokane Valley's contract administrator is Cary P. Driskell, Deputy City Attorney. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. E. AGREEMENT TO BE FILED: The City of Spokane and the City of Spokane Valley shall file this Agreement with their City Clerks. The City of Spokane shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. F. FINANCING: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. TERMINATION: See Section No. 2 above. H. PROPERTY UPON TERMINATION: Title to all property acquired by any party in the performance of this Agreement shall remain with the acquiring party upon termination of the Agreement. Jointly acquired property shall be divided in proportion to the percentage share of each party contributing to its acquisition. DATED: CITY OF SPOKANE By: Title: Attest: Approved as to form: City Clerk Assistant City Attomey Approved: Kathy Knox, City Public Defender 7 DATED: CITY OF SPOKANE VALLEY By: Title: City ManagedDeputy City Manager Attest: Approved as to form: City Clerk Office of the City Attorney 8 From: Knox, Kathy [mailto:kknox@spokanecity.org] Sent: Thursday, November 19, 2009 12:56 PM To: Cary Driskell Subjed: FW: language re transfer of funds between Spokane Valley and Spokane From: Sophia Byrd McSherry [mailto:Sophia.ByrdMcSherry@opd.wa.gov] Sent: Tuesday, September 29, 2009 4:11 PM To: Knox, Kathy Cc: Kathy Kuriyama; Candace Martin Subject: language re transfer of funds between Spokane Valley and Spokane Kathy — Following is the relevant language from your award letter. I'm hopeful that we will get the complete letter and gran[ agreement mailed in the next day or two. "The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10.10 ].080 City Grant funds to the City of Spokane. The award is in the amount of $84,000.00 for use in 2010. In addition to this city grant, OPD authorizes the City of Spokane to use the remaining RCW 10.101.080 City Grant funds awarded to the City of Spokane Valley, subjec[ [o agreement with the City of Spokane Valley. The funds should be used for City of Spokane public defense improvemen[s that are authorized by statute and OPD Policy. " Sopkia ByrrfiKcSherry Deputy Director Washington State Office of Public Defense 360.5863164, ext. 107 360.878.0550, cell CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Interlocal agreement with Spokane — 2010 JAG grant funds GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Approval to staff to apply for 2010 Justice Assistance Grant (JAG) in Summer, 2009. BACKGROUND: The Council previously approved for staff to apply for a 2010 Edward Byrne JAG grant in conjunction with Spokane and Spokane County. A grant was awarded, with the City of Spokane being the fiscal agent for the funds. Under the grant, the City of Spokane Valley is entitled to receive $50,367. This interlocal spells out the terms under which the funds will be administered, and is required under such circumstances where jurisdictions are acting in concert to spell out the rights and obligations of the respective jurisdictions. It is necessary to execute an interlocal agreement to actually receive the funds from the fiscal agent, Spokane. OPTIONS: Request changes to interlocal agreement; place on subsequent agenda for motion to authorize staff to execute the proposed interlocal as drafted (such motion can be on the consent agenda or as a reguiar action item) RECOMMENDED ACTION OR MOTION: Place on consent agenda for December 8, 2009. BUDGET/FINANCIAL IMPACTS: Receipt of $50,367 grant funds for law enforcement purposes. . STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: Proposed interlocal agreement Return to: City Clerk City of Spokane 808 W. Spokane Falls Blvd. Spokane, WA 99201 INTERLOCALAGREEMENT THIS AGREEMENT is between the CITY OF SPOKANE, a Washington State municipal corporation, having offices at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as the "City of Spokane," and the CITY OF SPOKANE VALLEY, having offices at 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as the "City of Spokane Valley," and jointiy hereinafter referred to as the "Parties." WITNESSETH: WHEREAS, the Parties made a joint application, along with Spokane County, for an Edward Byrne Memorial Justice Assistance Grant (JAG) Program, hereinafter referred to as the "Grant;" and WHEREAS, the Grant 2009-DJ-BX-0482 was awarded; and WHEREAS, the City of Spokane Valley was designated to receive funds from the Grant; and WHEREAS, the City of Spokane has been designated applicanUfiscal agent in conjunction with the Grant; -- Now, Therefore, The Parties agree as follows: 1. PURPOSE. The purpose of this agreement is to set forth the Parties' understanding of the terms and conditions under which the City of Spokane will disburse grant funds to the City of Spokane Valley. 2. PERFORMANCE A. The City of Spokane Valley agrees to purchase equipment and supplies. B. The City of Spokane's role as to the Project shall be only of funding. 1 3. TERM. This agreement shall begin October 1, 2009 and shall run to September 30, 2012, or until the funds as set forth in Paragraph 4- FUNDING are expended, whichever comes first. Either party may terminate this agreement at any time for cause after a reasonable time to cure the breach of contract upon thirty (30) days written notice to the other party. 4. FUNDING. The City of Spokane shall disburse funds in the amount of FIFTY THOUSAND THREE HUNDRED SIXTY SEVEN AND NO/100 DOLLARS ($50,367.00) to the City of Spokane Valley. 5. PAYMENT. The City of Spokane Valley will invoice the City of Spokane on a periodic basis. Payment by the City of Spokane will be due thirty (30) days after receipt of the City of Spokane Valley's invoice. Application for payment shall be made to the Spokane Police Department, Administration Office, 1100 West Mallon Avenue, Spokane, Washington 99260. 6. ASSIGNMENT. This agreement shall be binding upon the Parties, their successors and assigns. No party may assign, in whole or in part, its interest in this agreement without the approval of the other party. 7. NOTICES. All notices shall be in writing and served on any of the Parties either personally or by certified mail, return receipt requested, at their respective addresses. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. 8. LIABILITY. A. The City of Spokane Valley shall defend, indemnify and hold harmless the City of Spokane, its officers, employees and agents, from any claim, damage, loss, liability, injury, cost and expense arising out of the conduct of the City of Spokane Valley, its officers, employees and agents in connection with the agreement, except to the extent of the negligence of the City of Spokane, its officers, employees and agents. The City of Spokane Valley shall be responsible for all defense expenses, including reasonable attorneys' fees, incurred by the City of Spokane, whether or not litigation is instituted. B. The City of Spokane shall defend, indemnify and hold harmless the City of Spokane Valley, its officers, employees and agents, from any claim, damage, loss, liability, injury, cost and expense arising out of the conduct of the City of Spokane, its officers, employees and agents in connection with the agreement, except to the extent of the negligence of the City of Spokane Valley, its officers, employees and agents. The City of Spokane shall be responsible for all defense expenses, including reasonabie attorneys' fees, incurred by the City o f Spokane Valley, whether or not litigation is instituted. 2 9. ANTI-KICKBACK. No officer or employee of the City of Spokane, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in the agreement, or have solicited, accepted or granted a present � or future gift, favor, service or other thing of value from or to any person involved in the agreement. 10. VENUE. This agreement shall be construed as having been made under the laws of the State of Washington that shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any of its provisions shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. 11. 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. 12. NON-DISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. 13. GRANT REQUIREMENTS. The terms and conditions to the Edward Byrne Memorial Justice Assistance Grant (JAG) 2009-DJ-BX-0482 are incorporated by reference into this agreement and the Parties agree to comply with them. 14. MISCELLANEOUS. A. NON-WAIVER. No waiver by any Party of any of the terms of this agreement shall be construed as a waiver of the same or other rights of that Party in the future. B. ENTIRE AGREEMENT. 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. C. MODIFICATION. No modification or amendment to this agreement shall be valid until put in writing and signed with the same formalities as this agreement. 3 D. 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. E. 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 counterpaRs shall together constitute but one and the same. F. SEVERABILITY. 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 shali not be affected and the rights and 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. G. RELATIONSHIP OF THE PARTIES. The Parties intend that an independent contractor relationship will be created by this agreement. No agent, employee, servant or representative of the City of Spokane Valley shall be deemed to be an employee, agent, servant or representative of the City of Spokane for any purpose. Likewise, no agent, employee, servant or representative of the City of Spokane shall be deemed to be an employee, agent, servant or representative of the City of Spokane Valley for any purpose. 15. RCW 39.34 REQUIRED CLAUSES. A. PURPOSE See Section No. 1 above. B. DURATION. See Section No. 3 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS. No new or separate legal or administrative entity is created to administer the provisions of this agreement. D. ADMINISTRATION. The City of Spokane Valley contract administrator shall be the City Manager. The City of Spokane contract administrator shall be the Chief of Police. E. RESPONSIBILITIES OF THE PARTIES. See provisions above. F. AGREEMENT TO BE FILED. The City of Spokane shall file this agreement with its City Clerk. The City of Spokane Valley shall file this agreement with the Spokane County Auditor or place it on its web site or other electronically 4 retrievable public source. G. FINANCING. Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. H. TERMINATION. See Section No. 3 above. I. PROPERTY UPON TERMINATION: Title to all property acquired by any Party in the performance of this agreement shall remain with the acquiring Party upon termination or expiration of the agreement. Jointly acquired property shall be divided in proportion to the percentage share of each Party contributing to its acquisition. Dated: CITY OF SPOKANE VALLEY By: David Mercier, City Manager Attest: Approved as to form: City Cierk Office of the City Attorney Dated: CITY OF SPOKANE . By . Title: Attest: Approved as to form: City Clerk Assistant City Attorney os-aaa 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Ordinance amending SVMC 17.100.030 GOVERNING LEGISLATION: SVMC 17.100.030 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The existing language in SVMC 17.100.030 does not clearly state that in order to assess or recover civil penalties that the City may file an action in Spokane County Superior Court. It has been the City's practice to file in superior court, but there may be instances when filing in district court is appropriate. Staff recommends that this amendment be adopted to ensure compliance with state law, and identify the full range of options. OPTIONS: Seek additional information or advance to first reading. RECOMMENDED ACTION OR MOTION: Consensus to put on a future agenda for first reading. BUDGET/FINANCIAL IMPACTS: Anticipated to be revenue neutral. STAFP CONTACT: Jeana Poloni, Legal Intern ATTACHMENTS: Attachment 1— Proposed amendment to SVMC 17.100.030 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. ***** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTION 17.100.030 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO CODE COMPLIANCE. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code Chapter 17.100, regulating nuisance conditions on public and private property; and WHEREAS, the existing provisions should be amended to ensure compliance with State law, to provide clarity, and give staff the full range of options to ensure compliance with City code; and WHEREAS, the following changes aze consistent with the City's Comprehensive Plan, and are necessary to protect the health, safety, and welfare of the general public and the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code section 17.100.030 is hereby amended as set forth below. 17.100.030 Enforcement, authority, and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations or reliable complaints, determine that violations of this title have occurred or aze occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice and orders, assess civil penalties, and recover costs as authorized by this chapter; 3. Require abatement by means of ajudicial abatement order, and if such abatement is not tunely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this chapter; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this chapter; 6. Suspend, revoke, or modify any permit previously issued by the CiTy or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and 7. Fonvazd a written statement providing all relevant information relating to the violation to the office of the ciry attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this chapter aze not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authorized by law. C. In addition to, or as an altemative to, utilizing the procedures set forth in this chapter, the City may seek lega] or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to, utilizing the procedures set forth in this chapter, the City may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County � district coud or su�erior court by the office of the city attorney. DRAFT E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code compliance, the CiTy shall have the authoriTy to waive any one or more such provisions so as to avoid substantial injustice. Any determination of substantial injustice shall be made in writing suppoRed by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on fmancial hardship. G. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this code. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases reguding entry. The right of entry authorized by this chapter shall not supersede those legal constraints. H. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement (Ord. 07-015 § 4, 2007). Section 2 . Remainder of SVMC 17.100 Unchaneed. The remaining provisions of SVMC 17.100 are unchanged by this amendment. Section 3. Severabilitv. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis Ordinance. Section 4 . Effective Date This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of , 2009. Mayor, Richazd M. Munson ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attomey • Date of Publicarion: Effective Date: S��okan� e j p Valle � � 71707 E Sprague Ave Suite 106 � Spokane Valley WA 99206 509.921.1000 � Fax: 509.921.1008 � cityhallC�spokanevalley.org Memorandum To: City Council Members; David Mercier, City Manager From: Michael D. Stone, CPRP, Director of Parks and Recreation Date: December 1, 2009 Re: CenterPlace Food Services Contract Update As you are aware, in February of this year, CenterPlace established a Food Services contract with Beacon Hill. This annual contract sought to create a partnership that was suggested by our Marketing Plan to improve customer service and increase faciliry usage. Beacon Hiil was selected based upon their responses to an RFP, a taste-testing and stafF interview. The partnership started out very positively and communication was good. The current agreement is not working effectively for either party. As the year progressed, it became apparent to both parties that we were not on the same page when it came to expectations. Since about August, Beacon Hill and staff have been discussing the issues that are occurring with the goal of resolving them as we move forward for 2010. Beacon Hill asserts that they are not catering enough events at CenterPlace, they say they need minimums to avoid losses, exclusive use of the kitchen and to be the exclusive caterer for CenterPlace in order to earn a profit. Beacon Hill also indicates the need for a change in direction with CenterPlace in order for them to stay involved. They believe that CenterPlace can attract higher-level and corporate events by eliminating the type of events that our citizens have come to expect at CenterPlace. Staff has struggled to communicate to Beacon Hill the public nature of our facility and the vision and direction established by the City Council. The Council approved CenterPlace's Mission Statement which states, in part, that CenterPlace will "strive to build communiry identity through a variety of recreational, educational, and cultural activities for all ages." Staff is committed to this mission and the multi-use aspect of CenterPlace. Currently, communication is very poor and not all events are being serviced by Beacon Hili as our customers would prefer, so staff is scrambling to accommodate customer needs through the end of the year. Can the partnership be salvaged for 2010? Not 1 unless CenterPlace makes changes in its direction, philosophy and the way it is currently conducting business to conform to Beacon Hill's desired business plan. I believe that CenterPlace has grown and shown improvement each year it has been opened. I also believe that CenterPlace has a responsibility to our citizens to be a facility that is accommodating and responsive to their needs. There are changes needed to improve how we do business, but they should be made over time as we continue to follow and implement our marketing plan. The changes that Beacon Hill is seeking are too drastic and they do not align with City Council direction for CenterPlace. In recent conversations with Beacon Hill, I have shared the City's concerns. I appreciate very much the professionalism and expertise that Beacon Hill has brought to CenterPiace. The bottom line is that we just see the operation, oversight and direction of CenterPlace differentiy. Therefore Beacon Hill and the City have mutually agreed to not renew the food services contract for 2010. Staff will be.reviewing options for 2010 and moving ahead with a direction very soon as the events continue to book for next year. We may decide to contract with another non-exclusive in-house caterer or utilize a small list of caterers to provide the services our customer's desire utilizing the catering list established last year. This has been a tremendous learning experience for not only our staff but Beacon Hill. We simply cannot provide the environment that Beacon Hill thinks it needs to be the success they wish to be. Please let me know if you have any questions or need additional information. Thank you. cc: Mike Jackson, Deputy City Manager 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 1, 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: Access agreement — soils testing on park property at Myrtle Point. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: none BACKGROUND: The City inherited park property at Myrtle Point along the Spokane River when the City incorporated. Approximately one acre of the property in contaminated with cement kiln dust (CKD) as a result of the cement factory that was operated on the property immediately south of the site, owned by Holcim (US) Inc. Holcim acknowledges its responsibility to address the off-site contamination, and is working actively with the City and the Washington State Department of Ecology to do so. One of potential options for dealing with the contamination is a pilot project Holcim is working with Waste Management on. Waste Management is testing the use of such soils (high alkaline) to keep heavy metals from migrating in landfills. Holcim has requested the ability to take a suitable size sample to a Waste Management landfill site in Oregon for the test (10 truck loads). It is necessary to enter into an access agreement so Holcim and Waste Management can take the sample. The proposed access agreement ends no later than March 1, 2010. In the event the soils are not suitable for the intended purpose, the City will continue to work with DOE and Holcim to determine what actions should be taken in the future. OPTIONS: Authorize staff to enter into access agreement; request changes to agreement RECOMMENDED ACTION OR MOTION: Consensus to put on consent agenda for 12-8-09. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: Proposed access agreement for Myrtle Point Holcim Drafr 091123 ACCESS AND INDEMNITY AGREEMENT THIS ACCESS AND INDEMNITY AGREEMENT ("Agreement") is made and entered into as of the day of , 2009, by and between Holcim (US) Inc. ("Holcim" or "Licensee") and the City of Spokane Valley ("City" or "Licensor"). RECITALS WHEREAS Holcim owns a certain pazcel of real property ("Holcim's Property") located at 12207 Empire Way in the City of Spokane Valley, Washington; and WHEREAS the City owns a certain pazcel of real property (the "City's Property") located adjacent to, and immediately north of, Holcim's Property, parcel number 45046.9062; and WHEREAS Holcim desires to have access to the City's Property for purposes of conducting certain cement kiln dust ("CKD") excavation and investigation activities; .NOW THEREFORE, in consideration of the mutual covenants and agreements described below, and for good and valuable consideration, receipt of which is hereby acknowledged, it is agreed that Holcim and its representatives shall have a license to access the City's Property subject to the terms and conditions set forth in this Agreement. A. TERMS AND DEFINITIONS 1.1 Claim: For purposes of this Agreement, "Claim" shall mean any and all administrative, regulatory, or judicial actions, suits, demands, demand letters, directives, claims, liens, investigations, proceedings, or notices of injury, noncompliance, or violation (written or oral) by any person alleging potential liability arising out of, based on, or resulting from the activities performed by Holcim or any of Holcim's Representatives pursuant to this Agreement. 1.2 Holcim's Representatives: For purposes of this Agreement, "Holcim's Representatives" shall mean Holcim's employees, agents, consultants, attomeys, contractors, and subcontractors who aze performing services for Holcim upon the City's Property. B. HOLCIM'S PERFORMANCE OBLIGATIONS 1.1 Holcim shall obtain, at its own expense, and prior to any access to the City's Property by Holcim and/or Holcim's Representatives, all necessazy permits and authorizations of whatever nature from any and all governmenta] agencies. In connection therewith, Holcim will comply, and will cause Holcim's Representatives to comply, with all federal, state, and local laws, regulations, and permits applicable to the activities performed by Holcim or Holcim's Representatives pursuant to this Agreement. 1.2 Holcim agrees to maintain the existing fence azound the City's Property to the extent reasonably possible during the performance of activities authorized by this Agreement and, if any portion of the fence suffers damage caused by the actions or inactions of Holcim or Holcim's Representatives, Holcim shall repair, rebuild, or replace the damaged fence at Holcim's sole cost and expense. Page 1 of 3 Holcim Drafr 091123 C. THE CITY'S PERFORMANCE OBLIGATIONS 1.1 The City hereby grants Holcim and Holcim's Representatives a reasonable, non- exclusive, non-revocable license to access the City's Property for the sole purpose of allowing Holcim and Holcim's Representatives: (a) to conduct CKD excavation and investigation activities, and (b) to repair, rebuild, or replace damaged fencing. This license shall expire no later than March 1, 2010. D. INDEMNITY AND ASSUMPTION OF LIABILITY 1.1 Holcim shall indemnify, assume liability for, hold harmless, and defend the City and its officers, employees, agents, and representatives from and against any and all Claims, suits, liabilities, actions, legal proceedings, administrative enforcement actions, and demands, whether foreseen or unforeseen, arising from, or related to, the activities performed by Holcim and/or by Holcim's Representatives pursuant to this Agreement. E. MISCELLANEOUS 1.1 Severability. It is understood and agreed that if any one or more of the provisions or part of any provision contained in this Agreement shall be held to be unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision did not exist. 1.2 Binding Effect. Upon execution, this Agreement shall be binding upon Holcim and the City, and their respective parent companies, subsidiaries, affiliates, officers, directors, employees, representatives, agents, heirs, successors, and/or assigns. 1.3 No Admission. Neither this Agreement nor the Parties' execution of this Agreement is intended to constitute any admission of fact or conclusion of law. The Parties agree that this Agreement and the Parties' execution of this Agreement shall not be used in any proceeding involving the Parties, or any third parties, as evidence of any disputed fact or conclusion of law, except in proceedings relating to the enforcement of the terms and conditions of this Agreement. ' 1.4 Complete Agreement. This Agreement contains the complete expression of the agreement between the City and Hoicim and there are no promises, representations, or inducements, verbal or written, except such as are herein provided, and the terms of this Agreement cannot be varied or terminated except by the written agreement of the City and Holcim. 1.5 Adequate Consideration. Both Parties agree that the mutual promises contained herein constitute adequate consideration to bind the Parties to the provisions of this Agreement. 1.6 Assignment. The City extends the rights of access under the Agreement solely to Holcim and Holcim's Representatives as described herein, and Holcim may not under any circumstances assign its interest in, or rights or obligations under, this Agreement without the prior written consent and approval of the City, which shall not be unreasonably withheld. Page 2 of 3 Holcim Draft 091 l23 1.7. Choice of Law. This Agreement shall be governed by the laws of the State of Washington. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized Representatives as of the day and year first above written. City of Spokane Valley (Licensor) By: Name: Title: Holcim (US) Inc. (Licensee) By: Name: Title: Page 3 of 3 °"°` � Community Development ��, Monthly Report September — October 2009 PERMIT CENTER Revenue Permlts Permit revenue for the month of September 2009, was $112,521 and for October $134,521. Year-to-date revenue is down from last year by 41%. 2009 Permit Revenue ssoo,000 teoo,000 5300.000 $200.000 5100,000 - - ao . Jan Feb Mer Apr May June July Aug Sept Oct Nov Dec ❑2009 Revenue' Land Use Land Use revenue for the month of September was $ 15,165 and for October $24,565. Year-to-date revenue is down from last year by 38% Land Use Revenue S8o,000 E70,000 560,000 aso,000 sao,00a tso,000 - , _ �,: - _ - , szo,000 � a�o,000 I S- Jan Feb Mar April May June July Aug Sept Oct Nov Dec ■Revenue2009' ■Revenue2008 Page 1 of 8 "°` � Community Development � `�' Monthly Report r �� September — October 2009 Valuatlon The valuation� for September 2009 was $5,178,067 and for October it was $7,280,774. 2009 Permit Valuation $50,000,000 $40,000,000 $30,000,000 . $20,000,000 '" � - ` – $10,000,000 — � $0 ` � Jan Feb Mar Apr May J J Aug Sept Oct Nov Dec �2009 Valuation 1 O�ce of Financial Manapement Permit Information fPermits Issuedl September 2009 Dwelling Resldential New Separate Demolition Units Structures Dwellin Units Permits Demolished Single Famity ' Residence 71 3 Du lex 1 Tri lex 4-Plex A artments September 2009 New Tenant Commerclal Buildin s Im rovements Additions 2 9 4 ' Per the currenUy adopted Master Fee Schedule, valuations reported above for commercial and residential construction pertnits are "assigned based on the value of the construction work as stated by the applirant or the value calculated by the Building Official using the latest valuation data published in the Building SafetyJoumal by the International Code Council, whichever is greatest.° Page 2 of S , "°"°` � Community Development .��.� `�'�, Monthly Report vdl September — October 2009 October 2009 Dwelling Residentlal New Separate Demolkion Units Structures Dwellin Units Permks Demolished Single Famlly Resldence 7 2 Du lex Tri lex 4-Plex A artments October2009 New Tenant Commercial Buildin s Im rovements Additions 5 14 2 Permlt Activltv Certificate of Occupancy The Community Development staff issued a Certificates of Occupancy in the month of September for Granite Pointe Building C, Crystal Clean Auto Detailers, Frank Gurney Inc. Victory Faith Churoh, Spokane Valley Partners Warehouse, Affordable Optics, Greenacres Middle School.. In October Granite Pointe Apartments, Meridian Constructions at 12730 E Mirabeau, Natural High Coffee and three other tenant improvements. Permiu Issued Community Deveiopment issued a total of 255 permits in September and 331 in October, 2009. The total permits issued for the year is down about 23%. Signifirant commercial permits include the a 12,800 sf warehouse add at 5305 E. Desmet, Home is Where the Heart is Adult Family Home at 11010 E. 4'" Ave, RiteAid, Ironworkers Union Bldg at 16610 E. Euclid, Model Irrigation at 1424 S. Pierce, Food bank building for Valley FouRh Memorial Church, O�ce building at 720 N. Evergreen and a pole building at 9400 E 'I n . Page 3 of 8 ""°` � Community Development � `�,"„�„ Monthly Report �'��J' September — October 2009 4 � 2009 Constrction Permits Issued aoo 350 300 250 � . _ 200 7 �—` , ' i I � I ! 150 I 100 � I' Y I �' i 50 � – Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec a2009 Permits 159 192 221 250 260 302 305 275 255 331 02008 Pertnks 242 214 323 353 296 311 411 284 381 318 236 166 Land Use Applications in the month of September there were: 4 temporary sign applications, 1 preliminary subdivision, 3 boundary line adjustments, and 3 final short plats approved. During October there were: 1 boundary line adjustments, 3 final short plats, 1 final subdivision, 1 preliminary subdivision and 1 accessory dwelling unit. Commercial Pre-application Meetings During the months of September and October, Community Development staff held 13 commercial pre- application meetings which included a maintenance facility, 2 rental buildings, 3 storage buildings, 3 change of use, a bank addition and 2 miscellaneous. SEPA Determinations Three SEPA detertninations were issued in September and October, including a Determination of Non Significance (DNS) for a street improvement project (Broadway), a 18,000 sf office/warehouse (Old Dominion Freight) and 7,000 sf add to the Union Iron workers bldg. Hearing Examiner The Hearing Examiner did not have a hearing in September or October. Business Licenses Staff Approved 140 business licenses in October, and 134 in September. Home Occupation Permits Staff approved 13 home occupation applications in October, and 7 in September. Entertafners Licenses Staff processed 5 adult entertainment licenses for the month of October, and 2 in the month of September Other Staff hosted a Developers Forum on October 1". Customer Servlce Page 4 of S °"°` � Community Development � `�,'�„�,, Monthly Report �"��J" September — October 2009 The Permit Center staff assisted 809 customers at the counter and handled 861 customers' inquires by phone in the permft center during September and October, averaging approx the same amount each month. Staff provided an average target date of 10 working days for Commercial projeds, 5 working days for Residential platted and 10 working days for Residential un-platted. This target date represents the time to first comments issued to the applicant. Insvections Right of Way For the month of June, the Right-of-Way inspector performed 860 inspections in September and 718 in October. 2009 Right-of•Way Inspectlons 1200 1000 800 600 i I 400 - i 2G0 i i � 0 - Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec ■2009 ■2ooa Bullding Please note the structure of reporting building inspections has changed. The Department will break-out residential and commercial inspections only. There were 580 residential inspections performed in September and 202 commercial inspections. In October 584 residential and 322 commercial inspections were performed. Plans Examiners reviewed 179 projects September and October and have 11 pending projects were awaiting review at the end of month. Staff also issued 6 over-the-counter permits for those months. Page 5 of 8 ""°` � Community Development �n� � Monthly Report September — October 2009 Development Engineering During the month of September and October, the Development Engineering Inspector performed 10 commercial site inspections and 27 residential inspections. UPDATES P/annlna Planning Commission The Planning Commission met twice during September conducting a study session on September 10`" on proposed amendments to the residential lighting standards and conducting 3 public hearings on September 24'" on residential lighting, the fall batch code amendments and proposed street standards. I The Commission met twice in October, conducting a special study session meeting on October 1'� on a privately initiated code amendment for affordable housing density bonus; the Commission conducted public hearings on October 8'"; one a continuation of the fall batch code amendments and a hearing on the proposed affordable housing amendments. The Commission also reviewed and recommended a Public Participation Plan for the Shoreline Master Program update. Sprague and Appleway Corridors Subarea Plan The Subarea Plan became effective date October 15, 2009. Staff continued with weekly Subarea Plan training and getting the document ready for publication. Two pre-application meeting for the projects in the Subarea Plan were also held. City Center Project City Hall property negotiations continue. City Center Environmental Impact Statement and Planned Action Ordinance (PAO) The draft EIS (DEIS) was issued on October 23" with the public comment period open until December 6�'. A public meeting on the DEIS is scheduled for November 18'". Growth Management Steering Committee of Elected O�cials The Steering Committee of Elected Officials (SCEO) met on October 21, 2009 conducting a public hearing on proposed amendments to the urban growth area (UGA). The proposed amendments were requested as a part of the County's annual comprehensive plan amendment process. Greg McCormick, Chair of the PTAC, presented PTAC findings and a recommendation of denial on the proposed amendments. At the conclusion of the meeting the SCEO voted to recommend denial of the proposed UGA amendments to the Spokane County Board of County Commissioners. 2070 Comprehensive Plan Amendments/Updates Legal notices were published in the Spokesman Review on September 4 and September 11 notifying the public that the City of Spokane Valley is accepting applications for Comprehensive Plan Amendment proposals up to Nov. 2rd. In addition, a media release was published in the Valley News Herald further notifying the public that the 2010 amendment cycle is underway. Staff is compiling requested changes and developing the docket for the 2010 amendment cycle. Code Amendments Residential lighting amendments, the fall batch code amendments and a privately initiated code amendment addressing density bonuses for affordable housing were held during September and October. The Planning Commission's recommendations on these code amendments have been forvvarded to City Council for final action. Shoreline Master Program In September the shoreline consultant conducted field inventory of the shorelines covered by the SMP including the Spokane River, Shelley Lake and two gravel pfts that now exceed the 20 acre shoreline Page 6 of 8 °"°` � Community Development � Monthly Report �� September - October 2009 threshold. In October the team put together a staff worlc-program and a public participation program. As of late October, staff has been working on GIS mapping materials reflecting the shoreline inventory work and in preparation for the first open house in early November. Also, in September staff not�ed the property owners wfthin approximately 200' of the shoreline of the City's update process, as well as the fact the consultant would be conducting field visits. Develoament Ens�ineerina Street StandaMs Staff held a public hearing with Planning Commission on September 24, 2009 and held a study session with City Council on October 27, 2009. The first reading of the ordinance that adopts the Street Standards is scheduled at 6:00 pm on Tuesday, November 17, 2009 Devartment-Wlde Energy Grant The City notified of our grant approvai on October 21 Staff have escablished registrations in the various government web sites to access the funds and to report on the funds quarterly, as required. ADA Study Initial meeting to outline general plan for ADA inventory was held in October. Staff from various department will participate in formulating a self-evaluation. All departments will need to fill out the form for every city program in program in addition to feld surveys of physical improvements BlkelPedestrlan Plan A kick-off meeting was held in October with staff from CD and Public Works. A general work program was formed with data gathering being the f rst phase to occur over the next two months. Training Mike Basinger, Karen Kendall, Mary May and Micki Harnois attended a ethics workshop for planners, in which Scott Kuhta was a panel member. Tavis Schmidt, Mary May, Alysa Wiyrick and Mike Basinger attended a'Planning for Renewable Energy Forum'. Mike Basinger and Scott Kuhta attended a Active Transportation Workshop. ana� Kathy McClung and Greg McCortnick attended the City/County Planning Director/Managers Meeting in September. Kathy was elected Vice President of the Washington Association of City Planning Directors. Staff attended the Spokane Valley Business Association meeting in September which focused on the City's permit process. Greg McCormick was recognized by the Spokane County Commissioners for his outstanding contribution to Ihe County's Interim Afforda6le Housing Trust Fund Committee. Mary Kate Martin is the Govemment Relations Committee Chair for the Washington Association of Building Officials. This committee has been working on state code adoption process, currently preparing for the neM legislative session. Mary Kate is also a member of WABO's Technical Code Committee reviewing state and national code amendments. Spokane Valley Planning staff hosted a Countywide UGA open house for this part of the County. Code Comollance Ckizen Actbn Requests Code Compliance officers received 51 Citizen Action Requests for the month of September and 61 in October. Total year-to-date reported violations are 720 compared to 963 by this time last year. Page7of8 °"° �n� e � Community Development � `�' Monthly Report r�� September - October 2009 2009 Code Total Violations Reported - by Category 100% 80% 60% I 40% 20% - F 0% — - — � Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Ocl- Nov- Dec- os os os os os os os os os os os os ■Solid Waste 71 6 27 24 25 15 15 19 8 18 uSigns 4 22 38 34 49 9 37 39 8 19 ■Property 8 3 73 15 13 6 21 21 18 10 oJunkAuto 9 5 17 10 19 71 4 11 10 8 ■Environmental 0 0 0 1 0 1 0 1 2 1 ■Complaint-Novolation 0 0 2 5 3 2 4 1 1 1 aClear View Triangle 0 0 0 5 2 6 8 6 8 4 Right-of-Way Site Distance Compliance The policy has been completed and Code Compliance has now begun cataloging priority areas. City parks are the first priority following the school districts. The officers have designated one day per week for the work. UPCOMING DATES OF INTEREST Nov. 2 Deadline for 2010 Comprehensive Plan Amendments Nov 5 Shoreline Master Program Open House Nov. 11 Veteran's Day Closed Nov. 12 Planning Commission Regular Meeting, no meeting no business Nov. 17 First Reading of the Street Standards Nov. 18 Stormwater Public Meeting co-hosted with Spokane County Nov. 18 Planned Action Ordinance Draft EIS Open House Nov. 26 Thanksgiving - City Hall Closed Nov. 27 Day after Thanksgiving - City Hall Offices Closed Dec 1 Director to present Developer's Forum Report to City Council � Dec. 6 Close of the comment period for the Draft EIS for the Planned Action Ordinance Dec. 10 Planning Commission Regular Meeting, Commission Elections Dec. 9 Director to speak at SVBA on Developers Forum Report. Dec.25 Christmas-CityHallClosed. Page 8 of 8 S`poka�e ,�s'��.11e� 11707 E Sprague Ave Suite t06 � Spokane Valley WA 99206 509.921.1000 � Fax: 509.921.1008 � cityhallC�spokanevalley.org M emorandurr� To: Dave Mercier, City Manager, Mike Jackson, Dep. City Manager From: Ken Thompson, Finance Director Date: November 19, 2009 Re: October Report October highlightsin Financeincluded: 2010 Budeet The 2010 Budget was adopted. The total budget is near $100 million which is down from $110 million in 2009. The decrease is a result of $]0 million less in capital projects. Financial reports. Reports showing a comparison of revenues and expenditures, to the 2009 Budget at October 31, are attached. A comparison of sales tax receipts for 2008 and 2009 has been attached for your review as well. As previously reported, sales tax receipts are down 12.5% from 2008 receipts. [mestment income will be $100,000 to $200,000 below our budget. However, Beginning Fund Balance will be significandy greater than our estimates. The investment report is also attached for your review. 2009 Amended budaet Staff is preparing amendments to the 2009 budget which include: -Blake street improvements -a housekeeping adjustment to the Debt Service Fund to cover accrued costsforlate 2009 -capital costs of street projects originally budgeted in 2008, but not spent until 2009 -construction on the Barker Bridge in excess of the current years budget -Discovery Park construction carcied over from [he 2008 budget -Unemployment insurance claims in the Risk Management Fund 2008 Audit State Auditor's Office representatives completed their review of our 2008 records. The exit conference was scheduled forNovember. Lodpinp tax grant applications Four applications were received for tourism promotion. The Lodging Taac Advisory Committee met on October 22 to hear presentations. Recommendations from the Lodging Tax Advisory Committee are on the council agenda for December 1. Street facilitypreoarations Telephones, computers and City network access are now available at the leased Street facility near City Hall. A snowplow tracking system has also been installed. Pavroll year end (20091 work Preparations are underway for W-2 and ] 099 year end reporting. 2010 salary and fringe benefit changes are also anticipated. Staf�reparing 2009 5nancial records Staff has s[arted the process to ready 2009 financial records for the audit in 2010. City of Spokane Valley General Fund Budget Variance Report For the Period Ended October 31, 2009 Budget October YTD Unrealized Percent � 2009 � Revenues Revenues Revenue Realized Generel Fund Revenues: Begining Fund Balance $ 12,116,644 21,000.000 $(8,883,356) 173.32°k 7 Property Tax 10,675,000 188,821 5,928,579 4,746,427 55.54% Sales7ax 19,380,000 1,393,353 12,280,195 � 7,099,805 63.37°� 18 Gambling Tax 525,000 12,871 338,966 186,034 64.57°k 13 Franchise FeeslBusiness Licenses 964,550 243,673 790,217 174,333 81.93 � 13 State Shared Revenues 1,257,550 208,178 1,292,890 (35,340) 102.81 % Planning 8 Building Fees 1,888,540 121,791 1,431,896 456,644 75.82% Fines and Forfeitures 1,359,710 157,964 1,321,965 37,745 9722% Recrealion & Centerplace Fees 602,070 29,108 583,626 18,444 96.94 % 12 Investmentlnterest 434,991 13,350 193,415 241,576 44.46°k Opereting Transfers 84,900 - 74,300 10,600 87.57 % Total GeneralFund Revenues: $ 49,288,955 2,369,109 , 45,236,049 $ 4,052,906 91.78% Budget October YTD Unrealized Percent 2009 Exoenditures Exoenditures Exoenditures Realized General Fund Expenditures: Legislative Branch 330,900 18,308 246,920 83,980 74.62% EzecutiveBLegislativeSupport 1,033,321 69,506 757,135 276,786 7327% Public Safety 20,847,OS4 2,836,604 16,783,316 4,057,768 60.53% Operations&AdministrativeSvcs 1,776,142 128,740 1,311,827 464,315 73.86% Public Works 817,068 53,254 567,400 249,668 69.44°k Planning & Communiry Dev. 3,588,839 240,659 2,507,082 1,081,757 69.86°k Library Services 20,000 - 1,248 18,752 624°k 6 Parks & Recreation 2,812,040 278,510 1,962,947 849,093 69.87°k GeneralGovemment 18,069,561 268,142 1,458,331 16,611,230 8.07°k is Total General Fund Expenditures: $ 49,288,955 $ 3,833,723 E 25,596,206 $ 23,692,749 51.93% 7120/2009 2:44 PM City of Spokane Valley OtherFunds Budget Variance Report Forthe period ended October 31,2009 Budget October YTD Unrealized Percent 2009 Revenues Revenues Revenue Realized Other Funds Revenues: StreetFund $ 7,392,000 S 425,785 $ 3,740,075 3,651,925 50.60% 9 Arteriai Street Fund 591,000 - - 591,000 0.00% 15 Trails and Paths 43,000 - 100 42,900 0.23% 16 Hotel/MOtel Fund 600,000 50,917 327,543 272,457 54.59% Civic Facilities Replacement 767,000 '143 2,412 764,588 0.31Mo 17 Debt Service - LTGO 03 650,000 - 200,586 449,414 30.86qo 2 Capital Projects Fund 5,948,000 47,389 398,150 5,549,850 6.69�0 4 Special Capital Projects Fund 2,980,000 47,476 399,901 2,580,099 13.42No 4 StreetCapitalProjects 16,725,000 284 1,110,479 15,614,521 6.64% 4 Mirabeau Point Project 370,000 126 2,181 367,819 0.59% 5 Community Developmt Block Gmts 300,000 - - 300,000 0.00% 4 Capital Grents Fund 1,573,000 - 1,114,646 458,354 70.S6Yo 4 Barker Bridge Reconstruction 5,977,000 - 3,731,891 2,245,109 62.44% 4 Stormwater Mgmt Fund 3,440,000 22,083 994,322 2,445,678 28.90% 9 Equip. Rental & Replacement 780,000 246 4,348 775,652 0.56% 9 Risk Management 230,000 5 230,088 (88) 100.04% Reserves: Centerplace Operating 340,000 108 7,985 338,015 0.58°/ 8 Service Level Stabilization 5,400,000 1,667 30,745 5,369,255 0.57�0 8 WnterWeather 500,000 - � - 500,000 O.00�o Parks Capital 7,220,000 - 940,276 279,724 77.07°� 4 Civic Buildings 5,800,000 1,797 33,081 5,766,919 0.57Yo 8 Total Other Funds Revenues: E 61.626.000 E 597.9fifi 8 13.262.809 S 48.363.791 2 2° Budgel October YTD Unrealized Percent 2009 Exoenditures Exoenditures Exoenditures Realized Other Funds Expenditures: Street Fund $ 7,392,000 $ 384,475 $ 3,466,675 $ 3,925,325 46.90% 19 Arterial Street Fund 591,000 - 308,044 282,956 52.12qo 15 Trails and Paths 43,000 - - 43,000 0.00% 16 Hotel/Motel Fund 600,000 33,562 249,028 350,972 41.50 i Civic Facilities Replacement 767,000 - - 767,000 0.00% 3 Debt Service LTGO 03 650,000 - 150,072 499,928 23.09 k 2 Capital Projects Fund 5,948,000 - 969,425 4,978,575 16.30% 4 Special Capital Projects Fund 2,980,000 - 308,456 2,677,544 10.35% 4 SlreetCapitalProjects 16,725,000 1,847,404 6,819,844 9,905,156 4078% 4 Mirabeau Point Project 370,000 - - 370,000 0.00% 5 Community Developmt Block Grnts 300,000 - - 300,000 0.00 % 4 Capital Grants Pund � 1,573,000 112,340 1,273,128 299,872 80.94% Barker Bridge Reconstmction 5,977,000 363,372 5,049,917 927,083 84.49% 20 StormwaterMgmtFund 3,440,000 41,1i2 833,041 2,606,959 24.22% 19 Equip. Renlal & Replacemnt 780,000 - - 780,000 0.00% 10 RiskManagement 230,000 7,926 227,497 2,503 98.91qo Reserves: Centerplace Operating 340,000 - - 340,000 O.00�o 11 Service Level Stabilization 5,400,000 - - 5,400,000 0.00 14 Winter Weather 500,000 - - 500,000 0.00 14 Parks Capital 1,220,000 405,263 1,643,629 (423,629) 134.72Y 20 Civic Facilities Capital 5,800,000 3,363 5,796,637 0.06% 4 ToWlOtherFundsExpenditures: S 61.626.000 E 3.�95.394 S 21.302.119 E 40.323.881 34.57% 11/20/2009 2t44 PM City of Spokane Valley Investment Report For the Month of October 2009 Total LGIP* Mountain West MM BB CD Investments Beginning $ 35,706,267.63 $ 52,484.85 $ 5,000,000.00 $ 40,758,752.48 Deposits 1,802,141.36 1,802,141.36 Withdrawls (3,000,000.00) (3,000,000.00) Interest 12,233.91 41.41 - 12,275.32 Ending $ 34,520,642.90 $ 52,526.26 $ 5,000,000.00 $ 39,573,169.16 Balances bv Fund 001 General Fund $ 19,362,043.47 101 Street Fund 1,422,218.60 102 Arterial Street 40525 103 Paths & Trails 1,571.93 105 Hotel/Motel 320,107.11 120 CenterPlace Operating Reserve 348,106.64 121 Service Level Stabilization Reserve 5,393,23223 122 Winter Weather Reserve 559.55 123 Civic Facilities Replacement 461,183.99 301 Capital Projects 1,481,754.17 302 Special Capital Projects 1,569,140.79 304 Mirabeau Point Project 407,061.00 309 Parks Capital Project 101,408.92 310 Civic Buildings Capital Projects 5,811,660.52 402 Stormwater Management 2,080,604.29 501 Equipment Rental & Replacement 795,302.68 502 Risk Management 16,763.61 39,573,124.75 Pending Journal Entries 44.41 $ 39,573,169.16 "Local Government Investment Pool " Banner Bank and Mountain West City of Spokane Valley Sales Tax Receipts Month by Month Comparison Year to date Month Percentage Received 2008 2009 Change February $ 1,954,994.78 $ 1,690,170.61 -13.55% March 1,280,030.02 1,245,885.86 -9.24% April 1,371,096.25 1,210,210.64 -9.98% May 1,609,424.93 1,297,589.85 -12.42% June 1,406,783.92 1,254,330.03 -12.12% July 1,568,261.82 1,312,964.99 -12.83% August 1,725,557.35 1,494,486.56 -12.92% September 1,562,049.26 1,381,203.54 -12.75% October 1,549,521.92 1,393,353.36 -12.46% November 1,541,787.16 December 1,469,375.54 January 2009 1,289,107.80 2010 $ 18,327,990.75 $ 12,280,195.44 FOOTNOTES 1 Most costs are typically late in the year. 2 Debt service paid twice each year 3 NA 4 Capital projects often take a number of years to plan, engineer, acquire right of way and construct. 5 For Discovery Park 6 Small amount of 05 library tax due district. Budgeted amount is too high. 7 Estimated, pending 08 review. 8 Interest earninga 9 Beg. Bal. included which understates percent realized. 10 For replacement of vehicles & computers. 1 1 Required operating reserve, no expenditures planned for 2009. 12 Revenue for 2010 events will be moved to 2010. 13 Quarterly Payment to City. 14 Emergency use only. 15 Fund being phased out 16 Most of this fund spent in late OS 17 In reserve for replacement of buildings 18 Down 12.8% from prior year 19 Includes projected balances at 12-31-09, which understates percent realized 20 Budget amendment pending 11/20/2009 2:44 PM MEMO TO: Dave Mercier, City Manager FROM: Rick VanLeuven, Chief of Police DATE: November 18, 2009 RE: Monthly Report October 2009 October, 2009: October. 2008: CAD incidents: 5,006 CAD incidents: 5,556 Reportstaken: 1,515 Reportstaken: 1,496 Traffic stops: 1,778 Traffic stops: 2,210 Traffic reports: 265 Traffic reports: 329 CAD incidents indicate calls for service as well as self-initiated officer contacts. Hot spot maps are attached showing October residential burglaries, commercial burglaries, traffic collision hot spots and vehicle prowling hot spots, along with September and October stolen vehicle hot spots. Also attached are nine bar graphs for 2007, 2008 and January through October of 2009: commercial burglary, garage burglary, residential burglary, forgery, malicious mischief, stolen vehicles, theft, vehicle prowling, and property crimes comparisons for 2006 through 2009. ADMINISTRATIVE: Chief VanLeuven attended the Spokane Valley Business Association meeting on 10/14/09 and made a presentation on "Tracking Neighborhood Criminal Activity'' — How the Spokane Valley Police Dept. is keeping Your Home and Businesses Safe. Crime Prevention Deputy Greg Snyder also attended. Forensic Document Examination training was attended by Chief VanLeuven on 10/07/09 at the Sheriffs Training Center. State Representative Cathy McMorris-Rogers was in Spokane on 10/12/09 for a Town Hall meeting at University High School. A couple Spokane Valley officers were asked to attend the town hall meeting due to past security issues with protesters at other town hall meetings. Chief VanLeuven also attended the meeting. Chief VanLeuven attended the monthly Valley Fire meeting on 10/27/09 and introduced Lt. Bill Rose to fire department personnel. Chief VanLeuven once again attended the Drug Court Graduation on 10/29/09, which is one of the longest running programs in Spokane County. The ceremony included how the program is run and why it has proven to be such an effective tool in fighting recidivism. Page 1 At the end of the month, Chief VanLeuven joined other "Celebrity Models" of Spokane to participate in the Annual Hope House Charity Fashion Show at the Doubletree Hotel. This is one of their major fundraisers each year that provides needed funds to maintain the operations at Hope House, and to give homeless women shelter and resources to get back on their feet. During the month of October, Chief VanLeuven was on-call for a total of 9 twelve-hour shifts For patrol lieutenants. Mayor Munson joined one of Spokane Valley Police's deputies on an evening patrol shifr this month, observing first hand what a typical evening includes for our officers. COMMUNITY ORIENTED POLICING: S.C.O.P.E.participatedin: S.C.O.P.E. and LE Volunteer Appreciation Banquet Federal Disaster Preparedness Class- Sheriffs Training Ctr. Central Valley S.C.O.P.E. Open House Spokane Valley Parks and Rec. Haunted Pool - 3 nights S.C.O.P.E. neighborhood patrols on Halloween evening Trentwood S.C.O.P.E. assisted Spokane Valley Elks Halloween event Trentwood S.C.O.P.E. gave out over 500 safety flashing lights on Halloween Washington State DOC Wrap Around Program Valley HUB Safety Fair Valley Mall Halloween event Meth Action Team meeting Gang Prevention meeting ESD101 Safe Kids meeting GSSAC Coalilion meeting GSSAC Drug Free Month Kickoff SCOPE Pumpkin Party Open To Boys and Ghouls. Children of all ages attended the Second annual Edgecliff SCOPE Fall Festival scheduled Saturday October 31st from 5 to 8 p.m. in the Pratt Elementary gymnasium. Admission was free and the event featured games and candy. The skeleton staff also awarded prizes for the best costumes. October 2009 Volunteers Hours per station: � CV S.C.O.P.E -----------------1117.0 hrs. Edgecliff S.C.O.P.E. ---------- 777.0 hrs. Trentwood S.C.O.P.E.------- 385.5 hrs. Universitv S.C.O.P.E. -------- 460.5 hrs. Total SV September 2,740.0 hrs. Page 2 o S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 104 on-scene hours (including travel time) in October, responding to crime scenes, structure fires, motor vehicle accidents (including a hit and run) and providing traffic control. Of those hours, 51 hours were for incidents in the City of Spokane Valley. Year to date total volunteer hours contributed by SIRT, including training, stand-by, response and special events, is 5,450 hours. o Abandoned vehicles tagged by S.C.O.P.E. volunteers for impoundment in the Spokane Valley in September totaled 39 and in October totaled 42, with 5 and 12, respectively, vehicles eventually cited and towed. Thirty hulks were processed in September and 13 hulks processed in October, making a total of 200 hulks processed during the first 10 months of 2009. During the same time period from January through October, 342 vehicles were tagged and 91 were cited and towed. S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT JANUARY - OCTOBER 2009 Citv of Spokane Vallev # of # of # of # of # of Non Vol. Hrs Disabled Warnings - Disabled Infractions Issued Infractions Issued Issued Januazy 7 202 50 40 February 6 408 87 114 March 8 172.5 57 137 9 April 10 342 55 178 g May 5 214 12 68 5 June 9 258 67 119 p July 8 173 24 ]02 4 August 8 208.5 53 168 p September 7 248 44 113 p October 9 376 51 77 p Total 77 2602 500 lll6 2( S okane Countv # of # of # of # of # of Non Vol. Hrs Disabled Wamings - Disabled Infractions Issued Infractions Issued Issued January 2 36 1 0 February 4 51.5 6 5 Page 3 March 6 101 14 16 p April 6 46 7 ] 1 p May 2 8 0 ]2 p June 7 21 21 29 p July 5 8 2 4 p August 6 27 6 4 p September 4 8 1 2 p October 6 58 1 6 p Total 48 364.5 59 89 p OPERATIONS: s Espresso Stand Robbery at Knifepoint Atthe beginning of October, Higher Grounds Espresso stand was held up at knifepoint by a male and his female accomplice. Approximately $180 was stolen from the cash register and both suspects fled on foot from the area. Major Crimes detectives are still investigating the incident. 0 Locker Room Thefts Two females and one male were arrested for thefts from locker rooms at West Valley and East Valley High Schools while players who were at volleyball practice. They stole cash, cell phones, and identification from different lockers, totaling approximately $900. The suspects later were caught stealing from the Spokane Valley Costco as well as stealing a purse from a customer loading their groceries into their car in the Costco parking lot The suspects were located by police driving away in a white van. After searching the van police found evidence linking the three suspects to the high school burglaries. ♦ Panhandling One male was arrested in early October For malicious mischie£ The driver said he exited the freeway at the Argonne exit and noticed a male with a sign saying he was out of gas. The driver noticed this was the same person who was out of gas a week ago, and when he confronted him, the panhandler broke the mirror on his vehicle. The panhandler later said he broke the mirror out of frustration, that his caz is still broken down, and he needs gas money to get to Texas to see his daughter. Our officers continue to deal with panhandling issues on a regular basis. o Commercial Burglaries Three commercial burglaries occurred in the early moming hours of 10/7/2009 in the Spokane Valley: Hotteez Bar, Broadway Mini Mart, and Beyond Beads Gallery. There was nothing stolen from Beyond Beads and appears to be a failed attempt to gain access to the adjacent Puffin Glass business by kicking their way through drywall walls between the two businesses. Hotteez had $100.00 stolen from the cash register, two computers, and about 75- 100 bottles of alcohol. The Broadway Mini Mart had at least several cartons of cigarettes Page 4 stolen and claimed $1000.00 in cash stolen from a shel£ The same afrernoon a concerned citizen came to the Valley Precinct and told detectives who had committed the burglaries and that the suspects intended to commit more burglaries that evening. A team consisting of Valley Property Crimes Detectives and Property Crimes Task Force detectives formed and decided to conduct surveillance of the subjects to try and catch the suspects committing further crimes and develop information on the previous burglaries. While conducting surveillance that evening, one of the suspects became intoxicated and got into an argument with the others involved in the crimes. He was arrested by detectives on an outstanding warrant and ultimately confessed to the ttuee burglaries, implicating at least one other subject in the crimes. A search warrant was served at the East Main residence and cigarettes and bottles of alcohol belonging to Hotteez were recovered. Search consent was received from the occupants of two other residences where the computers and remaining alcohol and cigazettes were recovered. All stolen items except for the $100.00 cash were returned to the owners within 24 hours of their being stolen. ♦ Dartmouth & 14` �Ve received a complaint in early October of kids digging a hole in the vacant lot on the northwest corner of ]4 & Dartmouth. Crime Prevention Deputy Greg Snyder checked out the hole and found it was rather large, deep, and had a cave being dug in the bottom of it. The cave being made by the kids went back about seven feet or so and is in sand, making it a very dangerous situation. He did some checking on the owner and found an out-of-town address in Pasco as well as the owner of the lot being about three years delinquent on taxes and a current DUI warrant out of Pasco. Deputy Snyder worked with Spokane Valley Code Enforcement and Spokane Valley Fire to have the hole bulldozed and filled in. We will still keep an eye open for calls about the kids digging in this area, should they start again. e Neighborhood Meeting Residents in the 4400 East 14` Avenue azea were very concemed about a neighbor speeding down the street to his residence and contacted the Spokesman Review with their concerns. One resident told the reporter there are dozens of kids on their block and the individual is driving at least 90 mph down the street. To alleviate the residenYs frustrations, a meeting was azranged with the resident, the Spokesman Review reporter, and officers with the hope of using this event to educate the public regarding how to better help the police help them when they have problems such as this; what information we need, the need of wimesses to be willing to go to court, etc. The meeting went very well. In the future, residents can take the following steps to help the situation: I. Call the front desk (instead of Crime Check) and request a Traffic Request to work the neighborhood. 2. There will need to be witnesses of the crime so the individual can be arrested. 3. Don't confront the suspect or pretend like you aze going to step out in front of him/his car, like the residenYs husband did. 4. Officers also agreed they would make drive-throughs of the azea. ♦ Players & Spectators Officers were called to Players and Spectators in October after a rap concert, where a fight broke out in the club and was then carried to the parking lot. Within five minutes of numerous deputies responding to the scene, officers were Code 99 (Immediate response Page 5 needed — life or death situation), causing officers from the Spokane Police Department, Liberty Lake Police, as well as Washington State Patrol to respond. Individuals were booked for riot as well as failing to disperse after the riot was over, and assault. Discussions have been held with the owner of the club to ensure that the next concert, scheduled for 11/12/09, will have adequate security. Officers from the Gang Enforcement Team as well as the Liquor Control Board and Gambling Commission plan to be in attendance at the next event. ♦ Suspicious Pharmacy Robber Tased/Arrested A 28-year-old Otis Orchards man was arrested when he shoved a deputy and tried to run from a Spokane Valley store during the investigation of a potential robbery. A witness reported to 9-1-1 that two men were readying themselves to rob the Argonne and Mission Rite Aid pharmacy. When officers anived, one of the two men had disappeared, but the other was inside the pharmacy where he was contacted by officers. The suspect was described as immediately non-compliant with officers' directions, and eventually shoved an officer and attempted to run from the business. He was confronted by an officer at the front doors whu stopped and controlled the man with a taser application. The suspect was quickly arrested and booked on a previously issued felony warrant chazging him with Second-Degree Identity Thefr and a fresh felony charge of Third-Degree Assault on a Law Enforcement Officer. ♦ Marine Unit Merit Award The Spokane County Sheriffs Office has been awarded the State of Washington Law Enforcement Marine Unit Merit Award in recognition of outstanding performance in establishing and maintaining a Recreational Boater Safety Education Program. The sheriff's marine unit partnered with Wholesale Sports, formerly Sportsman's Warehouse, to offer boater safety education classes over the past two years. Wholesale Sports has provided space � and props for the safety classes taught by deputies. In 2009, the team taught 11 classes and had all 275 students successfully graduate, a graduation rate that put Spokane County in the lead among 51 agencies statewide. The unit plans on holding 15 classes in 2010 at both Wholesale Sports and at the SherifPs U-City Training Center. Also in 2010, the Spokane Co�mty SherifPs Office has been selected to host the National Association of State Boating Law Administrators (NASBLA) basic boating collision investigation course. The class will run March 22 to the 26` Members of the unit are also working to bring the 201 ] Washington State Marine Education Units conference to Spokane County. Attendance at the conference is mandatory for the 51 law enforcement agencies who receive funding from the Vessels Registration Fund. The unit's members are working to secure Northern Quest Casino as the conference site, with on-the-water training conducted at Lake Spokane and on the Spokane River. In addition, members of the Spokane County Sheriff s Dive Team have completed training on the Snake River with members of the Asoti❑ County Sheriff's Office and County Fire Districts. The two agencies have partnered to create an Advanced Swifr Water Rescue class for Washington State Parks which would then provide the training to law enforcement marine units statewide. Anticipated to be a two-year project, the two county teams are working together to create new courses for law enforcement boat operators in swift water envirorunents. Concurrent classes in swifr water rescue and rescue diving are anticipated. Currently in 2009, the Spokane County Dive Team has been called out for 60 incidents. � I I Page 6 e Operation Safe Driver Spokane Valley Police traffic officers along with Spokane County Sheriff's traffic officers participated in Operation Safe Driver in October. Highway crashes related to lazge trucks account for 12 percent of fatal collisions nationwide, and more often than not, iPs the private motorist and not the non-commercial truck driver who is the contributing factor. With that in mind, law enforcement officers nationwide hope Operation Safe Driver will improve commercial and non-commercial driving behavior through effective enforcement, education and awareness strategies. The objectives are to increase both commercial and non- commercial vehicle traffic enforcement, increase safety belt enforcement, increase driver roadside inspections, increase driver regulatory compliance, implement commercial driver education and awareness programs to members of the motor carrier industry, and increase awareness of the motoring public about safe operations around commercial motor vehicles. o Deputy Bailds Positive School Climate Deputy Scott Streltzoff was featured in an article in East Valley High School's newspaper for his new approach as the districYs School Resource Deputy (SRD). Instead of being portrayed as a partner of the school team, Deputy Streltzoff is viewed more as a safety officer — someone who is more approachable and accessible to students. "The schooPs philosophy is just part of a re-energized safety program that also has seen the re-organization of existing security personnel. The emphasis on teamwork also extends beyond the high school as Deputy Streltzoff is available to other schools in the district." _ _ � � _ �, I `, � - � ?R,: . � j ' "I f ' ww;;- :'::��5.: 5 ��.. -ia,�.�� } : st �� 'x "`� �$ �- x .. 'i:� `€ �'�SLYi'"�,,' �`�3" ,� Student Jncob Rey»alrls visits rvith Deptrry Scolt Sh�e7tzoff dur'ing Ihe Imidi hom• at East �nl7ey High School. Page 7 ♦ Officer Involved Shooting Officers responded to a suicidal male at a Valley residence in late October. The caller indicated his friend had threatened to hurt himself and had a gun, that he indeed had a gun ' and the friend had heazd the suspect "cock" the gun. Two officers responded to check the welFaze of the 27-year-old man. When they arrived, the suspect exited the house and confronted officers. Officers fired shots at the suspect. The suspect was transported to a local hospital where he was last reported in serious but stable condition for gunshot wounds. The two officers were not injured. Detectives later collected an "airsoft" replica of a Colt 45 caliber semi automatic handgun from the front steps of the house. This incident is being investigated by the Spokane Police Department, according to our investigative protocol. ****r � Page 8 Property Crimes Comparisons (2009 is January - October) z000 1800 1600 1400 1200 1000 800 600 400 200 Commercial Residential �orgery Malicious Stolen Vehicle Theft Vehide Prowling Burglary Burglary Mischief Spokane Valley Commercial Burglary 35 30 25 f�Z�] '15 10 5 0' ■ 2007 ■ 2008 ■ 2009 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV OEC .� ,� � `�,.-., ., - o �� . ..� .�� .� ��dE��n�� .�� R�!�R_ .��F� ` p: �: ___�`.--„-'��S��f'��„l�J��rl1�Ga"7 s� ,�� Spokane Valley Residential Burglary m 50 40 ci5 'r� 10 ■ 2007 ■2008 ■2009 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC u �1 a � ;�rR�...��Y .� .� ' a:t�►��'�'�� ' _. .� .�: / 4 � ' .�1' ��r�� 1[Blr-.�Cis . y a � � �'��1�.�`.� i�� : ��_ �� . � ,�� . . � f�� L . _ I o` � � i �: � . 1 � ' � ��_ . �il ��.'�� Y� \'''��• �I �i �I��`� ��i�� '��-1 �� w� � � .� ��97 � �.,. �.��r?J�`�:�'J . �� ` ►� � �� ' I�'.�g � �� E�■�CC�,,:■� , . -, -�� . �.'�il�� - � �'�A �'� •IIF . ��,�h... _ � .�� . = � ;; ��. .._� �!�is= �1 � _�L, � ` � �1%Z"°as, °ae '� p 1°'�I'�4 �v � Spokane Valley Garage Burglary 25 a 20 15 ■ 2007 ■2008 ■ 2009 fiG] 5 n JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 50 45 40 35 30 25 20 • 15 , 10 5 0 Spokane Valley Forgery ■2007 ■ 2008 ■ 2009 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Spokane Valley Malicious Mischief r�� 180 160 140 120 100 � 40 20 0 ■ 2007 ■ 2008 ■ 2009 c JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Spokane Valley Stolen Vehicles GI�] 70 � f.Y�] 40 30 20 10 0 ■ 2007 ■ 2008 ■ zoos JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Spokane Valley Theft 250 200 150 ■ 2007 ■ 2008 ■ 2009 100 � JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Spokane Valley Vehicle Prowling �ao �� o0 rn [Y9 m ' 20 y ■zoo� ■2008 ■2009 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Spokan � jvalley� PUBLIC WORKS DEPARTMENT MONTHLY REPORT October 2009 AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION • Street Maintenance — 2010 Signal, Sign & Striping County Interlocal • Street Sweeping —AAA fall sweeping. • Street and Stormwater Maintenance and Repair contract —Poe Asphalt Paving Inc. • Landscaping Services — Spokane ProCare. • Vactoring Contract — AAA Sweeping. • Engineering Services Support — Agreements with private engineering firms. • Street Maintenance (Pines & Trent) — WSDOT Interlocal • Solid Waste - Regionai Solid Waste Interlocal WASTEWATER • Status of the process can be monitored at: http://www.spokaneriver.neU and http://www. spokaneriverpartners. com/ ..ENTRAL VALLEY SCHOOL DISTRICT • Neil is a member of the Capital Facilities Planning Committee to assist the district in the development of a 6-year and 25-year long range bond plan. The committee is currently meeting on a weekly basis on Wednesday evenings. The Committee will continue through April of 2010. REGIONAL SOLID WASTE SYSTEM - • Neil is a member of the technical advisory committee to the Solid Waste Liaison Board. The committee provided oversight to the Performance Audit of the Spokane Regional Solid Waste System which was complete in July, 2009. The committee is currently working with Russ Menke, Director, to explore possible system alternatives for future evaivation by the Board. STREET MASTER PLAN - • Continue working on TIP data updates including accident data and traffic counts. ROAD CONSTRUCTION PROJECTS • Barker Road Bridge Project (0003) Retaining walis adjacent to bridge completed. Contractor installing utility casing pipes and forming bridge deck. Met with members of the Spokane River Forum (a river user's group) to describe access to the river after construction. • Pines/Mansfield (0005) Waiting for final survey and final quantity change order to be completed. 1 updated November 23, 2009 • Broadway Ave Safety Improvement — Park Rd to Pines Rd (0063) Council approved moving forward with this project; work scheduled to be done in 2010. One of four projects in a consultant RFQ to go out in November; will group with Argonne Rd Corridor Improvements, Pines ITS (0061) and Sprague Ave ITS. • Sprague/Sullivan PCCP Intersection (0065) Topo complete, geotech report to be submitted by Thanksgiving, Currently scheduled for construction in 2010. • Park Rd — Broadway Ave to Indiana Ave —(0069) DESIGN ONLY Title reports coming in for adjacent properties. Consultant evaluating traffic counts, roadway cross- sections and resultant drainage requirements. Staff evaluating right-of-way needs so additional funding can be sought. • Broadway Ave Reconstruction — Moore to Flora (0088) Still in ROW phase — purchasing real estate. Currently scheduled for construction in 2010. • Indiana Avenue Extension — 3,600 e/o Sullivan to Mission & Flora (0112) Waiting on CLC Associates Topo to begin final design. Coordinated preliminary road layout with Centennial Properties. • Indiana/Suilivan PCCP Intersection (0113) Project on hold, have asked STA if funding is secure if project construction delayed to 2011. Waiting to hear back from STA. • Broadway/Sullivan PCCP Intersection (0114) Drawings 50% complete. Currently scheduled for construction in 2010. _ • ADA Improvements 2009 (0127► • Blake Road Repair (0132) Construction complete, beginning project closeout. TRAFFIC • Argonne Corridor Improvements (0060) One of four projects in a consultant RFQ to go out in November; will group with Pines ITS (0061), Broadway Ave Safety (0063) and Sprague Ave ITS. • Pines Rd ITS (0061) One of four projects in a consultant RFQ to go out in November; will group with Argonne Corridor Improvements (0060), Broadway Ave Safety (0063) and Sprague Ave ITS. • Sprague/Appleway/Dishman ITS (0072) Construction complete, beginning project closeout. • Sprague Ave ITS ($400,000) This project will install fiber along Sprague from University to Sullivan and then north on Sullivan to tie in with the existing network. Conduit and other equipment will be instailed as needed to complete the run. This also includes crossing Pines. Some of the funds will be used to develop an ITS Master Plan that will provide us with guidance on location and implementation of future ITS projects. Consultant RFQ to go out in November, grouped with Argonne Corridor Improvements (0060), Pines ITS (0061) and Broadway Ave Safety (0063). I 2 updated November 23, 2009 • City-wide Coordination ($75,000) I This project will develop and implement traffic signal coordination on corridors and during time periods where they currently do not exist, i.e. weekends. STREET PRESERVATION PROJECTS • Sprague Ave Resurfacing — University to Evergreen (Phase 1) (0710) Paving complete. Most plastic striping complete — finishing intersections. • Sprague Ave Resurfacing — Evergreen to Sullivan (Phase 2) (0115) Design 95% complete; waiting for construction funding. SEWER PROJECTS • West Ponderosa Sewer Project (0106) Phase 1— Paving complete. Punchlist and yard putback remain. Phase 2— Sewer and paving complete except for Holman from Woodruff Road to Van Marter. This portion will be constructed in 2010. • Valieyview Sewer Project (0107) North Valleyview Stormwater (tied into the Valleyview Sewer Project) (0111) Complete. Waiting for final billing from County. • Clement Sewer Project (0109) Punchlist and yard putback remain. Sewer and Paving complete. • West Farms Sewer Project (0128) County design 60% complete. Project is scheduled to bid in February. • South Green Acres Sewer Project (0129) Phase 3— County design 20% complete. Project is scheduled to bid in March. Phase 4— County design 20% complete. Project is scheduled to bid in June. • Corbin Sewer Project (0130) County design 20% complete. Project is scheduled to bid in April. • Cronk Sewer Project (0131) County design 20% complete. Project is scheduled to bid in Aprii. PARKS PROJECTS • Discovery Playground (0086) Most of the playground equipment and other park elements have been installed. Flat concrete work is 95% complete; the only part remaining to be poured is the area around the restroom building and the outdoor classroom area. These areas will be completed after the restroom building and seat boulders are installed. Much of the sandblasting on the walls and flat concrete work is complete; the remainder will wait until spring. Trees, sod, and other landscape materials are currently being installed. Canopies and picnic tables are installed. Consultant working with staff on design of park entry gateway. Project will shut down after the first week of December. Minor work will be done throughout the winter as weather allows. Final completion scheduled to be April or May next year depending on when spring arrives. 3 updated November 23, 2009 STORMWATER PROJECTS • Stormwater Decant Facility • 2008 Problematic Flood Areas Project Design done; specs in draft form. Anticipate small works bid this fall/winter of 12-20 projects for construction in Spring 2010. • West Ponderosa Drainage Improvements Part of W. Ponderosa Sewer Project OTHER PROJECTS • 44"' Avenue Pathway- Woodruff Rd. to Sands Rd. (0054) DEA re-survey complete, design final. Target out to bid in January to build in April 2010. • City Hall Project (0089) Council approved schematic design. On hold. • Bike and Pedestrian Master Plan • Bike and pedestrian Master Plan Implementation • Street Maintenance Storage Facility Part of long-range stormwater plan currently under development. On hold. • Bridge Maintenance The expansion joints on the bridge on Sullivan northbound over the river is the last bridge to be repaired this year. • Capital Project Planning and Grant Application • Street Master PIan/Pavement Management Plan • Sullivan Road SB Bridge over Spokane River Replacement (Planning) STREET & STORMWATER MAINTENANCE ACTIVITY The following is a summary of Public Works/Contractor maintenance activities in the City of Spokane Valley for October 2009: Fall Street and Stormwater Maintenance Items: • Sweeping of arterials ongoing. • Vactor running through residentials again; working on priority list for remainder of year. • Cats Eye Excavating has completed repairing a prepared list of sink holes, City-wide. • Westway Construction has completed minor bridge maintenance on Valley Bridges. • Poe continuing winter operations equipment readiness. 4 updated November 23, 2009 Emergency Winter Snow Operations: • Lease signed for Waste Management facility; COSV purchased 6 used WSDOT plows/sanders; Poe contract approved to prepare the equipment, facilities and any other necessary activities to be ready for winter snow operations; a second Poe contract was approved for winter operations. • Winter operations will begin on November 16, 2009. Stormwater: • 2009 Stormwater Maintenance projects — Anticipate that these projects will be bid this Fall/Winter under small works roster with completion in Spring/Summer 2010. • Arterial Sweeping Characterization-. It is proposed that this program be run over several seasons to see the effectiveness of surface cleaning versus vacuuming structures more often. Contacted a consultant to possibly assist with this study. • Stormwater 2009 CIP Projects - Coordination with Sewer Projects in Valleyview, Ponderosa, and Rotchford Acres of stormwater improvements. Verified problems with paving on 48�' and 14� Avenues. • Illicit Discharge, Detection, and Elimination (IDDE) - Continuing investigation of City code � strengths/weakness in meeting Stormwater Permit requirements on IDDE. • Pines/Mansfield fire station Swale - water being held in swale behind Fire Station. Sprinkler irrigation was cut back, but still holding moisture in bottom. Soil samples show 21 % clay and 38% silt content. Met with landscape contractor ProCare to discuss options to work on a fix to the problem. Following up on contractor to get the City estimates for various options. • Ecology SW Grants - Submitted application of a$50k grant for two years. Coordinating with other Eastern Washington Stormwater Program Managers regarding a regional grant opportunity. • Stormwater Decant FaciliTy — to be programmed under the 2011-2017 Six-Year Stormwater Plan. • Ongoing Investigations — researching and investigating various ongoing problems at 16'" and Shamrock, responsibility for Conklin East Swale Maintenance, and downhill driveway on E. Ferrett Drive. Finished testing and investigation on Ferrett Drive. • New Investigations - Various CARS — most dealing with regarding the shoulder. • 2009 Stormwater Fee Assessor Rolls Update — Continued work on updates to the Assessor Rolls for Stormwater Fee adjustments. • Private Property runoff from County area into Valleyview Neighborhood — Met with Development Review and with Deputy City Attorney regarding storm drainage coming from private areas outside City limits. 5 updated November 23, 2009 Spokan�� Va11ey� 0005 0063 0065 0069 0088 0712 0113 011a 0127 0132 Barker Road Bridge Replacement - Barker Rd. at Spokane River Pines/Mansfield Project - Wilbur to Pines, to I-90 Broadway Ave. Safety Improvements - Park Rd to Pines Rd Sprague Sullivan PCCP Intereedion Project Park Road Phase 2- Broadway to Indiana (PE only) Broadway Ave. - Moore to Flora (PE, RW) Indiana Avenue EMension Projed (3600 k east of Sullivan Rd to Flora Rd) Indiana Sullivan PCCP Intersection Project Broadway Sullivan PCCP Intersection Projecl ADA Improvements 2009 Blake Road Repair Project Traffic Projecfs 0060 Argonne Road ITS (190 to Trent Ave) oosl Pines ITS (Trent Ave to Sprague) 0062 Sprague/Appleway/Dishman ITS - Sprague/Appleway/Dishman 0�33 Sprague ITS 0137 Cily-wide Signal Coordination Street Preservation Projects 0110 Sprague Ave Resurfacing Phase I- University to Evergreen 0115 Sprague Ave Resurfacing Phase II - Evergreen to Sullivan 0106 0106 0107 a109 0128 0129 0129 0130 0131 Sewer Projec}s W Ponderosa Ph 1- Paveback - Locust to Van Marter, City Limits to D-M W Ponderosa Ph 2- Paveback - Locust to Van Marter, City Limils to D-M Valleyview - Paveback - Buttercup to David, Lake to 13th Clement - Paveback - Flore to Greenacres, 6th to Sprague West Farms - Paveback - McDonald to Rees, Wellesley to City Limits South Greenacres Ph 3- Paveback - Flora to Barker, I-90 to Spokane River South Greenacres Ph 4- Paveback - Flora to Barker, I-90 to Spokane River Corbin - Paveback - Long to Hodges, Sprague to Appleway Cronk - Paveback - Barker to City Limits, 190 to Mission Parks Projects 0086 Discovery Playground TIB/CMAQ TIB STP(U) STP(U) TIB TIB STA STA CDeG City October-09 r Project Proposed Design Knutson Kipp Aldworth Knutson Aldworth Aldworth Aldworth Aldworth Aldworth Aldworth Apr-OS NIA Jan-09 Feb-10 Feb-10 Feb-09 Jan-09 Jan-10 Jan-10 14-Oct-09 100% �� 0% 5% 15% 40% 5%a 0% 50% ss�io 100% Construction � Construction � Tofal Project 70% 99% 0% 0% �% 0% 0% 0% 0% o°ra 99% 3/1I10 11I30/09 9l1/10 10/1/10 11 /1 /09 10/1 /09 10/1/10 10/1/10 10/1/11 7/1/10 11/6/09 $ $ $ $ $ $ $ $ $ $ 11,317,000 6,350,000 932,850 1,677,000 304,500 2,198,000 1,881,000 1,342,000 1,230,000 >>o,000 90,000 CMAQ TBD TBD 0% 0% TBD $ 1,296,000 CMAQ TBD TBD 0% 0% TBD $ 2,083,200 CMAQ Knutson N/A 100% 100% 9/30/09 $ 830,700 EECBG TBD TBD 0% 0% TBD $ 400,000 EECBG TBD TBD 0% 0% TBD $ 75,000 Econ. Stim. Arlt Econ. Stim. Arlt Cfty City City City City Clty City City City Adt Arlt Arlt Adt Adt Adt Arlt Adt Arlt Parks/State Worley Apr-09 May-10 Feb-09 Feb-09 Mar-09 Apr-09 Feb-10 Mar-10 Jun-10 Apr-10 Apr-10 May-09 100% 95% 100% 100% 100% 100% 60% 20% 20% 20% 20% 100% 99% 12/1/09 $ 3.898,000 0% lON/10 $ 1,944,000 99% 11/t109 $ 699,542 85% 6/1/10 $ 515,793 99% 11/1/09 $ 755,200 95% 1111/09 $ 350,225 0% 11/1/10 TBD 0% 11/1/10 TBD 0% 6/1/11 TBD 0% 11/1/10 T8D 0% 11/�/10 TBD 65°/a 11/31/2009 $ 1,676,000 PW Oct 2009 Construction Projects % Project Proposed Design Stormwater Projects Stortnwater Decant Facility (08/09) - On Hold Valleyview Drainage Improvemenls 2008 Problematic Flood Areas Project West Ponderosa Drainage Improvements °/, Estimated Construction Constmction TotalProject Comoiete Comoletion Cost 0% TBD TBD 100% 10/31/09 $ 30,732 0% l0/31/09 TBD 100% 9/1/09 $ 172,248 Other Projects 0054 44th Avenue Pathway - Woodruff to Sands (PE) STP(E) Aldworth Nov-09 80% 50% 6/1/10 $ 355,000 0089 City Hall ProgramminglSite Planning City - Kersten TBD Bike and Pedestrian Master Plan (coordination with Comm Dev) EECBG TBD n/a nla n/a n/a $ 38,500 Bike and Pedestrian Master Plan Implementation EECBG TBD TBD 0% 0% TBD $ �00,000 Street Maintenance Storage Facility City Kersten 4/30/09 $ 43,500 Bridge Maintenance City Worley n/a n/a n/a n/a $ 500,000 Capitai Project Planning and GrantApplications City Worley n/a n/a nla n/a $ 50,000 Street Master Plan/Pavement Management Plan City Worley n/a n/a n/a n/a $ 200,000 Sullivan Road SB Bridge over Spokane River Replacement (Planning) City TBD n/a n/a n/a n/a TBD $ 43,445,990 PW Oct 2009 Construction Projects Ciry Jenkins City Adt City qary ciry Adt N/A N/A N/A Mar-09 0% 100% 100% 100% °/, °/, Estimated Project Proposed Design Construction Construction TohalProject Projects in Closeout Phase 0016 Appleway Avenue Reconstruction - Tschirley to Hodges STP(U) Arlt Sep-07 100% 100% 12/1lOB $ 6,099,568 0066 Broadway Ave. Rehab Phase 2- Fancher to Thierman (PE) STP(U) Aldworth June 100% 100°/a 9/1/09 $ 500,000 0067 Broadway/Fancher PCC Intersection - Broadway and Fancher STP(U) Aldworth Feb-09 100% 100% 5/29/09 $ 1,295,000 0068 Broadway Ave. Grind/Overlay- I-90 to Park Rd. Aldworth Aug-OB 100% 100% 11/1/08 $ 351,000 0071 Signal Controller Upgrade CMAQ Knutson N/A 100% 100% 8l1/09 $ 258,400 0073 Park Rd Swimming Pool Upgrade - Park Rd. Parks West Mar-08 100°/a 100% 6/5/09 $ 1,017,361 0074 Tertace View Swimming Pool Upgrade - 24th and Terrace Vew Parks West Mar-08 100°/a 100% 6/5/09 $ 1,314,337 0075 Valiey Mission Swimming Pool Upgrade - Mission Ave. Parks West Mar-08 100% 100% 6/5I09 $ 1,122,994 0076 Valley Mission Park Upgrade - Mission Ave. Parks West Mar-09 100% 100°/a 6115/09 $ 372,000 0077 Sprague/Conklin Signal - Sprague and Conklin Developers Arlt N/A 100% 100% Sl1/09 $ 300,000 0092 Sprague/Bowdish PCC Intersection - Sprague and Bowdish STA Aldworth May-08 100% 100% 11/1/08 $ 892,000 0094 Rockwell - Paveback - Avalon to Adams, Trent to Wabash City Arlt May-08 100°/a 100% 5/�/09 $ 324,500 0096 Valley Precinct Bldg Floor Drain Parks West Jan-09 100°/a 100% 3/31/09 $ 23,800 0098 Sprague ADA Improvements CDBG Aldworth Feb-09 100% 100% 6/30/09 $ 53,261 0100 16th Ave and Bettman Rd & Drainage Improvements Ciry Aldworth Mar-09 100% 100% 9/1/09 $ 116,563 0102 Evergreen/Sprague PCCP Intersection Project STA Aldworth May-09 100%� 100% 1011/09 $ 653,232 0104 McDonald/Sprague PCCP Intersection Project STA AldwoAh May-09 100% 100°/a 10/1/09 $ 610,987 0103 Pines/Sprague PCCP Intersec[ion Project STA Aldworth Apr-09 100% 100°/a 10/1/09 $ 806,093 07 05 24th and Adams Sidewalk Vera Aldworth Feb-09 100% 100% 8/31/09 $ 50,000 0108 Rotchford Acres - Paveback - Sullivan to Steen 16th to tOth City Arlt Apr-09 100% 100% 11N/09 $ 387,817 Total $ 16,548,913 � PW Oct 2009 Constmc[ion Projects