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2010, 01-12 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL MEETING FORMAT Tuesday,January 12,2010 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Matthew Larson, Good Shepherd Lutheran Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: Proclamation:Human Trafficking Awareness PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 12/17/2009 19153 thru 19206 (less voided 19188) $565,388.23 12/17/2009 19207 $122,460.67 12/23/2009 19208 thru 19240 $228,170.68 12/23/2009 19421 thru 19274 $98,559.27 12/31/2009 19275 thru 19307; 1224090010, 1228090006; 1230090026 $3 884 672.32 01/04/2010 (for 2009) 19308 thru 19324 $56,160.16 01/05/2010 (for 2010) 19326-19330 $421,305.09 GRAND TOTAL $5,376,716.42 b. Approval of Payroll for pay period ending December 31, 2009: $350,293.61 c. Approval of Council Meeting Minutes of December 22, 2009 Council Agenda 01-12-10 Regular Meeting Page 1 of 2 NEW BUSINESS: 2. First Reading Proposed Ordinance 10-001 Amending Gambling Ordinance—Ken Thompson [public comment] 3. First Reading Proposed Ordinance 10-002 Amending Spokane Valley Municipal code 17.100.030— Cary Driskell [public comment] 4. Motion Consideration: Mayoral Appointments—Mayor Towey [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 5. Alarm Ordinance Amendment—Cary Driskell 6. Homeless Housing and Assistance Regional Program—Mike Connelly 7. CenterPlace Food Service Contract- Mike Stone 8. Amendment to Fee Resolution—Mike Stone INFORMATION ONLY: (will not be reported or discussed) 9. Planning Commission Rules of Procedure—Kathy McClung 10. Legislative Agendas ADJOURNMENT General Meeting Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2nd and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1St 3rd and sometimes 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Council Agenda 01-12-10 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 01-12-10 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 12/17/2009 19153 thru 19206(less voided 19188) $565,388.23 12/17/2009 19207 $122,460.67 12/23/2009 19208 thru 19240 $228,170.68 12/23/2009 19421 thru 19274 $98,559.27 12/31/2009 19275 thru 19307; 1224090010, $3,884,672.32 1228090006; 1230090026 01/04/2010(for 2009) 19308 thru 19324 $56,160.16 01/05/2010 (for 2010) 19326-19330 $421,305.09 GRAND TOTAL $5,376,716.42 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist 12/17/2009 9:15:17AM Voucher List Spokane Valley Page: 1 Bank code: Voucher 19153 19154 19155 19156 19157 19158 19159 19160 19161 19162 19163 apbank Date Vendor 12/17/2009 000150 ALLIED FIRE&SECURITY 12/17/2009 000335 ALTON'S TIRE INC. 12/17/2009 000135 APA 12/17/2009 001012 ASSOC BUSINESS SYSTEMS 12/17/2009 001938 BERGER/ABAM ENGINEERS INC 12/17/2009 000168 BLACK BOX NETWORK SVC 12/17/2009 000796 BUDINGER&ASSOC INC 12/17/2009 002226 CENTRAL PREMIX 12/17/2009 000863 CENTURY WEST ENG CORP 12/17/2009 000109 COFFEE SYSTEMS,IN,C. 12/17/2009 001157 COUNTRY HOMES POWER EQUIP Invoice 215854 8080002228 PO# Description/Account 050281-091001 101794-091001 362815 16238 167794 167795 M08218-11 M09216-1 M09239-3. REFUND 231404 3820:040748 1091031 511944 70912 INSTALLED DEADBOLTS OIL CHANGE:32810D Total : Total : ANNUAL MEMBERSHIP—MCCORMI ANNUAL MEMBERSHIP—BARLOW Total : COPIER COSTS: 21783—BUILDING Total : PROFESSIONAL SVCS: PLANNING Total : SERIVCE CALL SERVICE CALL Total : 42110 GEOTECH &MATERIALS TESTING 42316 09-023: BROADWAY REHAB PH 2 42487 TESTING&SAMPLING SVCS FOR Total : 42291 REFUND DEPOSIT CONTRACT NO.09-001 COFFEE SERVICE POWER EQUIPMENT POWER EQUIPMENT POWER EQUIPMENT Total : Total : Total : Amount 717.42 717.42 89.37 89.37 455.00 230.00 685.00 157.19 157.19 10,382.85 10,382.85 471.49 913.35 1,384.84 1,722.35 7,782.03 179.50 9,683.88 52.00 52.00 4,402.78 4,402.78 32.61 32.61 0.50 114.82 28.24 Page: vchlist 12/17/2009 9:15:17AM Voucher List Spokane Valley Page: 2 Bank code-: Voucher 19163 19164 19165 19166 19167 19168 19169 19170 19171 19172 19173 19174 apbank Date Vendor 12/17/2009 001157 COUNTRY HOMES POWER EQUIP 12/17/2009 002222 CROSSOVER CHURCH 12/17/2009 001564 CUSTOM PRODUCTIONS 12/17/2009 000683 DAVID EVANS&ASSOCIATES 12/17/2009 002224 DAVIS, SHAWN 12/17/2009 001280 DEPT OF LICENSING 12/17/2009 001753 DINGUS,ZARECOR&ASSOC 12/17/2009 000999 EASTERN WA ATTORNEY SVC, INC 12/17/2009 001447 FREE PRESS PUBLISHING INC 12/17/2009 001003 GEOENGINEERS INC 12/17/2009 002076 GINNO CONSTRUCTION OF IDAHO 12/17/2009 002201 HARBOR FREIGHTTOOLS Invoice (Continued) 71713 REFUND 55854 281419 REFUND 00002632 8312165 31442 33404 33405 33406 33407 0103646 Progress PYMT#5 02-355553 PO# Description/Account 42502 POWER EQUIPMENT DEPOSIT REFUND PLEX1-GLASS FOR MAP Total : Total : Total : 42485 TOPOGRAPHIC SURVEY FOR PRO. Total : 42486 42434 42511 REFUND DEPOSIT Total : 3RD QTR 2009: MLS CREDIT CARD Total : Total: Total : PROFESSIONAL SERVICES LEGAL SERVICE LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : GEOTECH SVCS FOR PROJECT#0 Total : DISCOVERY PARK CONSTRUCTIOI Total : HARBOR FREIGHT TOOLS Amount 104.33 247.89 157.50 157.50 152.83 152.83 3,757.13 3,757.13 210.00 210.00 254.93 254.93 1,544.00 1,544.00 60.00 60.00 68.00 64.60 96.90 92.65 322.15 6,928.70 6,928.70 317,187.20 317,187.20 989.14 Page: 2 vchlist 1211712009 9:15:17AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19174 12/17/2009 002201 002201 HARBOR FREIGHTTOOLS (Continued) Total : 989.14 19175 12/17/2009 000259 HUMANIX INC. 172629 STAFFING SERVICE: LASERFICHE 568.00 Total : 568.00 19176 12/17/2009 001635 ISS FACILITY/EVENT SERVICES 21979 EVENT SVCS:CP 135.93 Total : 135.93 19177 12/17/2009 000786 K& N ELECTRIC MOTORS, INC. 0095463 42247 STORMWATER PUMP REPAIRS 190.23 Total : 190.23 19178 12/17/2009 001914 KIPP, RYAN EXPENSES MILEAGE EXPENSES 24.20 Total : 24.20 19179 12/17/2009 000993 LES SCHWAB TIRE CENTER 343991 WINTER CHANGEOVER:06769D 59.79 Total : 59.79 19180 12/17/2009 002221 MAY, MARY Expenses APAC EXPENSES: MARY MAY 45.36 Total : 45.36 19181 12/17/2009 002225 MOULTON LAW OFFICES REFUND REFUND DEPOSIT 52.00 Total : 52.00 19182 12/17/2009 000662 NATL BARRICADE&SIGN CO 67183 42248 NATIONAL BARRICADE BLANKET F 630.46 67272 42248 NATIONAL BARRICADE BLANKET F 195.66 67282 42248 NATIONAL BARRICADE BLANKET F 179.63 Total : 1,005.75 19183 12/17/2009 000652 OFFICE DEPOT INC. 498285310001 OFFICE SUPPLIES: CP 23.90 498285623001 OFFICE SUPPLIES: CP 145.14 498700504001 OFFICE SUPPLIES:CP 170.68 Total : 339.72 19184 12/17/2009 000307 OFFICE OF THE STATE TREASURER November 2009 STATE REMITTANCE 74,115.00 Total : 74,115.00 19185 12/17/2009 000512 OFFICETEAM 30335434 STAFFING SVCS: LASERFICHE 652.00 Total : 652.00 Page: 3 vchlist 12/1712009 9:15:17AM Voucher List Spokane Valley Page: 4 Bank code : apbank Voucher Date Vendor 19186 12/17/2009 000899 ONEEIGHTY NETWORKS 19187 12/17/2009 000677 PAW \lo rlcort 19189 12/17/2009 000322 QWEST 19190 12/17/2009 001892 SKILLINGS CONNOLLY INC 19191 12/17/2009 000230 SPOKANE CO AUDITORS OFFICE 19192 12/17/2009 000090 SPOKANE CO INFO SYSTEMS 19193 12/17/2009 000308 SPOKANE CO PROSECUTING ATTY 19194 12/17/2009 000001 SPOKANE CO TREASURER Invoice 00295063 2010 4862 43153 43154 43155 43156 43157 43158 43159 43160 43161 43162 PO# Description/Account Amount 509-926-1840 194E 6298 NOVEMBER 2009 50304929 November 2009 41501104 41501131 42281 42281 42281 42281 42281 42281 42281 42281 42484 42484 EITHERNET: NOV 2009 Total : RENEWAL MEMBERSHIPS: CD Total : CONTRACT 09-003 CONTRACT 09-003 CONTRACT 09-003 CONTRACT 09-003 CONTRACT 09-003 CONTRACT 09-003 625.00 625.00 80.00 80.00 135-722 6,708.19 4,773.71 12,093.81 30.00 864.00 32,127.30 CONTRACT 09-003 1,352.99 CONTRACT 09-003 5,745.60 POE CONTRACT 09-050 WINTER SI 10,968.86 POE CONTRACT 09-050 WINTER SI 47,090.43 T , PHONE SERVICE: CP Total : 42230 REAL ESTATE SERVICES CIP 0088 Total : RECORDING FEES Total : NOV 09: COUNTY IT SUPPORT Total : CRIME VICTIMS COMPENSATION F Total : OCT 09:WORK CREW NOV 09:WORK CREW Total : 109.32 109.32 11,562.96 11,562.96 1,124.00 1,124.00 15,616.60 15,616.60 963.31 963.31 6,925.45 4,589.44 11,514.89 Page: 4 vchlist 12/17/2009 9:15:17AM Voucher List Page; 5 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19195 12/17/2009 002220 SPOKANE FALLS CHAPTER OF TROUT Project#0003 19196 12/17/2009 002223 SPOKANE ROCK PRODUCTS REFUND 19197 12/17/2009 002135 SPRAY CENTER ELECTRONICS, INC 199711 19198 12/17/2009 000065 STAPLES BUSINESS ADVANTAGE 8014117729 98811892 19199 12/17/2009 000257 STATE AUDITOR'S OFFICE 180654 19200 12/17/2009 000419 SUMMIT LAW GROUP 44484 19201 12/17/2009 000014 TYLER TECHNOLOGIES, INC. 20906 19202 12/17/2009 002185 URS CORPORATION 4157465 19203 12/17/2009 002215 VANGUARD CLEANING SYSTEMS 11231 19204 12/17/2009 000100 WABO INC. 7788 10 19205 12/17/2009 000706 WSAPT TREASURER 2010 Membership 2010 MEMBERSHIP 19206 12/17/2009 000152 WSDOT RE-313-ATB91110023 RE-313-ATB91110024 BARKER ROAD BRIDGE PROJECT. Total : 15,000.00 15,000.00 DEPOSIT REFUND 210.00 Total : 210.00 DEICING DRUMS 19.77 Total : 19.77 OFFICE SUPPLIES OFFICE SUPPLIES:CD AUDITORS PROFESSIONAL SERVICE 2010 EDDEN SUPPORT PROFESSIONAL SERVICES WINTER MAINT FACILITY Total : Total : Total : Total : Total : Total : MEMBERSHIP RENEWAL: MARY K1 Total : 2010 WSAPT MEMBERSHIP:JENNII 2010 WSAPT MEMBERSHIP:JODI h Total : URBAN RAMPS&MAINLINE PCCP APPLEWAY TRUNKLINE ITS PH 2 Total : 110.30 18.07 128.37 2,640.00 2,640.00 672.00 672.00 38,375.06 38,375.06 6,300.00 6,300.00 150.00 150.00 150.00 150.00 35.00 35.00 70.00 22,188.25 1,301.31 23,489.56 Page: 5 vchlist 12/17/2009 9:15:17AM Voucher List Page: 6 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 54 Vouchers for bank code: apbank Bank total : 688,478.84 54 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Total vouchers: 6887478784, Page: 6 vchlist 1211712009 11:43:19AM Voucher List Page: 1 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 19207 12/17/2009 001089 POE ASPHALT PAVING, INC. 43152 42281 CONTRACT 09-003 1,335.72 43153 42281 CONTRACT 09-003 6,078.19 43154 42281 CONTRACT 09-003 4,773.71 43155 42281 CONTRACT 09-003 12,093.87 43156 42281 CONTRACT 09-003 30.00 43157 42281 CONTRACT 09-003 864.00 43158 42281 CONTRACT 09-003 32,127.30 43159 42281 CONTRACT 09-003 1,352.99 43160 42281 CONTRACT 09-003 5,745.60 43161 42484 POE CONTRACT 09-050 WINTER SI 10,968.86 43162 42484 POE CONTRACT 09-050 WINTER SI 47,090.43 Total : 122,460.67 1 Vouchers for bank code : apbank Bank total : 122,460.67 1 Vouchers in this report Total vouchers: 122,460.67 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 1 vchlist 12/23/2009 9:27:27AM Voucher List Page: 1 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19208 12/23/2009 000197 AIRFACTZ 35057 BACKGROUND CHECKS: HR 60.00 36056 BACKGROUND CHECKS: HR 40.00 37810 BACKGROUND CHECKS: HR 100.00 38380 BACKGROUND CHECKS: HR 40.00 Total : 240.00 19209 12/23/2009 000150 ALLIED FIRE&SECURITY JC1003901 42490 SECURITY CAMERA FOR REAR LO. 1,274.70 Total : 1,274.70 19210 12/23/2009 001081 ALSCO LSP0705347 FLOOR MATS 19.76 LSP0712586 FLOOR MATS 19.76 Total : 39.52 19211 12/23/2009 000334 ARGUS JANITORIAL LLC INV004513 JANITORIAL SERVICES: PRECINCT 2,165.23 Total : 2,165.23 19212 12/23/2009 000030 AVISTA 010119017 UTILITIES: PARKS MASTER AVISTP 8,455.68 410069444 UTILITIES: PW MASTER AVISTA 22,726.92 Total : 31,182.60 19213 12/23/2009 000918 BLUE RIBBON LINEN SUPPLY INC 9074794 • LINEN SERVICE: CP 150.58 9076676 LINEN SERVICE: CP 363.43 S0035633 LINEN SERVICE: CP 173.97 Total : 687.98 19214 12123/2009 000572 CARTER,CAROL Expenses EXPENSE REIMBURSEMENT 38.30 Total : 38.30 19215 12/23/2009 000109 COFFEE SYSTEMS INC 3820:041102 COFFEE SUPPLIES: CENTERPLAC1 49.35 3820:5070 COFFEE SUPPLIES: CENTERPLAC1 351.63 Total : 400.98 19216 12/23/2009 001603 DEMPSEY, ROSE Expenses EXPENSE REIMBURSEMENT 21.12 Total : 21.12 19217 12/23/2009 001859 FINANCIAL FORENSICS 3260 SEPT 09: FINANCIAL ANALYSIS 10,889.70 Page: 1 vchlist 12/23/2009 9:27:27AM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account 19217 12/23/2009 001859 001859 FINANCIAL FORENSICS 19218 12/23/2009 000839 GENERAL FIRE EQUIP CO 19219 12/23/2009 000220 ICMA (Continued) 21740 FIRE ALARM LABOR: CP Total : Total : 311432 LAW ENFORCEMENT ASSESSMEN Total : 19220 12/23/2009 000751 INTERIOR DEVELOPMENT EAST INC. 23444 19221 12/23/2009 001684 MARKETING SOLUTIONS NW CP 11/25/09 Media 19222 12/23/2009 001035 NETWORK DESIGN&MANAGEMENT 17437 19223 12/23/2009 000193 NORTHWEST CHRISTIAN SCHOOL INC 3rd QTR 2009 CAM 19224 12/23/2009 000291 PROJECT ACCESS, INC. 19225 12/23/2009 000019 PURRFECT LOGOS, INC. 19226 12/23/2009 000935 SERVICE PAPER CO 19227 12/23/2009 000470 SPOKANE CO FAIR/EXPO CTR 19228 12/23/2009 000324 SPOKANE CO WATER DIST#3 19229 12/23/2009 000406 SPOKANE REGIONAL CVB 102 42507 DURALITE 72"ROUND FOLDING DI Total : ADVERTISING: CP INSTALL AT MAINT FACILITY Total : Total : 3RD QTR 2009 CAM CHARGES Total : 3RD QTR LODGING TAX GRANT Total : 24855 CENTERPLACE SWEATSHIRTS Total : 11229660 30459596 2009 Grant Nov 2009 Nov 2009 SUPPLIES: CP SUPPLIES: CP Total : LODGING TAX REIMBURSEMENT 2 Total : WATER CHARGES: PARKS WATER CHARGES: PW OCT& NOV 2009 LODGING TAX 2009 Total : Amount 10,889.70 359.80 359.80 79,835.44 79,835.44 4,402.35 4,402.35 8,927.00 8,927.00 241.11 241.11 515.21 515.21 3,750.00 3,750.00 735.09 735.09 76.96 1,104.32 1,181.28 18,112.00 18,112.00 32.95 8.96 41.91 36,908.00 Page: 2 vchlist 12/2312009 9:27:27AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 19229 12/23/2009 000406 000406 SPOKANE REGIONAL CVB (Continued) 19230 12/23/2009 000420 SPOKANE REGIONAL HEALTH DIST 58-7807 19231 12/23/2009 000939 SPRAGUE&SULLIVAN MINISTORAGE 72265 19232 12/23/2009 001083 STANDARD PLBG HEATING CONTROLS 27215 19233 12/23/2009 002212 STANLEY SECURITY SOLUTIONS 19234 12/23/2009 001911 THE GLOVER MANSION 19235 12/23/2009 002219 US FIGURE SKATING Advance Payment 1 Cater626 02010032 19236 12/23/2009 000038 WASTE MANAGEMENT OF SPOKANE 0050067-1518-8 19237 12/23/2009 000061 WILHITE, DIANA 19238 12/23/2009 000129 WRPA 19239 12/23/2009 001189 WSDA 19240 12/23/2009 001222 WSU URBAN IPM&PESTICIDE 33 Vouchers for bank code: apbank Expenses 09-793 65644 2010 Renewal DISCOVERY PLAYGROUND RENT 12/17- 1/16 1T8 Total : Total : Total : NOV 2009 MONTHLY MAINT PRECII Total : 42518 STANLEY CONVERGENT SECURIT Total : CATERING SERVICE: CP Total : LODGING TAX REIMBURSEMENT Total : WASTE MGMT: PW TRAVEL REIMBURSEMENT MARKETING CLASS Total : Total : Total : 2010 LICENSE RENEWAL: B. COLLI Total : 2010 CLASSES: BRANT COLLIER Total : Bank total : 33 Vouchers in this report Total vouchers : Amount 36,908.00 675.00 675.00 129.00 129.00 506.63 506.63 3,529.50 3,529.50 310.45 310.45 15,000.00 15,000.00 3,771.35 3,771.35 2,151.43 2,151.43 15.00 15.00 33.00 33.00 100.00 100.00 228,170.68 228,170.68 Page: 3 } vchlist 12/23/2009 9:27:27AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 4 vchlist 1212312009 2:39:04PM Voucher List Spokane Valley Page: 1 Bank code : Voucher 19241 19242 19243 19244 19245 19246 19247 19248 19249 19250 19251 apbank Date Vendor 12/23/2009 001081 ALSCO 12/23/2009 002234 ANDERSON,JON M.&JUDY A. 12/23/2009 000168 BLACK BOX NETWORK SVC 12/23/2009 000796 BUDINGER&ASSOC INC 12/23/2009 001169 CITY OF SPOKANE VALLEY 12/23/2009 000743 CROWN MOVING CO INC 12/23/2009 000683 DAVID EVANS&ASSOCIATES 12/23/2009 000734 DEPT OF TRANSPORTATION 12/23/2009 002138 ELECTROTECHNICS 12/23/2009 002233 FISK,JACOB W. &ANGELA G. 12/23/2009 000007 GRAINGER Invoice LSPO719926 CIP NO 0088 168182 168192 168193 P09303-1 DEC 2009 09-10162-9/1 283213 PO# Description/Account RE-313-ATB1110058 RE-313-ATB91110054 RE-313-ATB91110071 0054223-IN CIP NO 0088 9137345568 FLOOR MATS Total : BROADWAY RECONSTRUCTION Total : SERVICE CALL SERVICE CALL SERVICE CALL Total : 42500 GEOTECH SVCS FOR PROJECT#0 Total : 2008 POOL CC RECEIPTS TRANSFI Total : MOVING EXPENSES Total : 42485 TOPOGRAPHIC SURVEY FOR PRO. Total : 42246 SIGNAL& ILLIMINATION MAIN STATE ROUTE ROADWAY MAINT INTELLIGENT TRAFFIC SYSTEMS E Total : SOFTWARE REPAIRS Total : BROADWAY RECONSTRUCTION Total : GRAINGER BLANKET PO Total : Amount 19.69 19.69 8,700.00 8,700.00 1,200.29 59.24 1,423.51 2,683.04 13,263.68 13,263.68 572.79 572.79 538.13 538.13 3,451.30 3,451.30 3,775.02 2,296.60 201.89 6,273.51 330.49 330.49 6,250.00 6,250.00 27.02 27.02 Page: 1 vchlist 12/2312009 2:39:04PM Voucher List Spokane Valley Page: 2 Bank code : Voucher 19252 19253 19254 19255 19256 19257 19258 19259 19260 19261 19262 19263 19264 apbank Date Vendor Invoice PO# Description/Account Amount 12/23/2009 002231 GRANT, LEANN 12/23/2009 001016 ITE 12/23/2009 002229 KEPPLER, FRAN 12/23/2009 000652 OFFICE DEPOT INC. 12/23/2009 001604 PACIFIC NW PAPER 12/23/2009 001849 PLATEAU ARCHAEOLOGICAL 12/23/2009 000019 PURRFECT LOGOS, INC. 12/23/2009 000322 QWEST 12/23/2009 002228 RASMUSSEN, MICHELLE 12/23/2009 002232 RIPLEY, ISAAC R.AMD MERRILY C. 12/23/2009 000001 SPOKANE CO TREASURER 12/23/2009 000323 SPOKANE CO UTILITIES 12/23/2009 000093 SPOKESMAN-REVIEW REFUND 21219 REFUND 500264946001 500265303001 110523 896 24795 509-928-7023 228B EXPENSES CIP NO 0088 010020000600259 NOV& DEC 2009 158225 REFUND DEPOSIT ITE 2010 DUES: KNUTSON DEPOSIT REFUND OFFICE SUPPLIES: PW OFFICE SUPPLIES: PW COPY PAPER Total : Total : Total : Total : Total : 42472 0112 CULTURAL RESOURCE SUM/ Total : NO WEAPONS SIGN PHONE SERVICE EXPENSES Total : Total : Total : BROADWAY RECONSTRUCTION Total : 2009 ELECTIONS COSTS Total : MAINT FACILITY COUNTY SEWER Total : ADVERTISING 52.00 52.00 287.00 287.00 289.00 289.00 164.99 1.47 166.46 1,433.75 1,433.75 4,870.00 4,870.00 54.35 54.35 99.12 99.12 53.78 53.78 4,594.00 4,594.00 26,842.59 26,842.59 219.85 219.85 800.18 Page: 2 vchlist 12/23/2009 2:39:04PM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19264 12/23/2009 000093 000093 SPOKESMAN-REVIEW (Continued) Total : 800.18 19265 12/23/2009 000939 SPRAGUE&SULLIVAN MINISTORAGE 72832 DEC RENT- 1L46 123.00 Total : 123.00 19266 12/23/2009 001875 STRATA S090402-IN 42489 GEOTECH SVCS FOR PROJECT#0 8,682.05 Total : 8,682.05 19267 12/23/2009 001895 TAYLOR ENGINEERING INC 10 42278 SPRAGUE AVE RESURFACING#2 4,224.75 Total : 4,224.75 19268 12/23/2009 001911 THE GLOVER MANSION 1Cater625 CP HOLIDAT DINNER 1,042.92 Total : 1,042.92 19269 12/23/2009 001464 TW TELECOM 03299145 INTERNET/DATA LILNES:CP 1,661.11 Total : 1,661.11 19270 12/23/2009 002230 U.S. BORDER PATROL REFUND DEPOSIT REFUND 200.00 Total : 200.00 19271 12/23/2009 000964 VOLT MANAGEMENT CORP 21930029 STAFFING SVCS: IT 44.80 Total : 44.80 19272 12/23/2009 001900 WAPELRA Dec 14, 2009 MEMBERSHIP 200.00 Total : 200.00 19273 12/23/2009 002153 WASHINGTON STATE UNIVERSITY 20767914 42473 TRAFFIC SOLUTIONS WORKSHOP 288.00 Total : 288.00 19274 12/23/2009 000152 WSDOT LA-5911 UNBILLED COSTS ON THE APPLEV 220.91 Total : 220.91 34 Vouchers for bank code : apbank Bank total : 98,559.27 34 Vouchers in this report Total vouchers : 98,559.27 Page: 3 vchlist 12123/2009 2:39:04PM Voucher List Page: 4 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 4 vchlist 12/31/2009 3:25:44PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account 19275 12/31/2009 000958 AAA SWEEPING, LLC 19276 12/31/2009 001081 ALSCO 19277 12/31/2009 001012 ASSOC BUSINESS SYSTEMS 19278 12/31/2009 000173 BINGAMAN, GREG 19279 12/31/2009 000904 BRANCH, CAROLBELLE 19280 12/31/2009 001603 DEMPSEY, ROSE 19281 12/31/2009 000060 DENENNY, RICHARD 19282 12/31/2009 002157 ELJAY OIL COMPANY 19283 12/31/2009 001447 FREE PRESS PUBLISHING INC 43503 42271 CONTRACT NO. 09-006,VACTORIN 43505 42267 CONTRACT NO. 09-004, SWEEPING Total : LSP0726917 370654 370687 CELL ALLOWANCE CELL ALLOWANCE CELL ALLOWANCE CELL ALLOWANCE EXPENSES 4160591 33438 33439 33440 33441 33470 33471 33472 33473 33474 33475 FLOOR MATS Total : COPIER COSTS: 21783—LEGAL COPIER COSTS:CD Total : 4TH QUARTER CELL ALLOWANCE: Total : 4TH QUARTER CELL ALLOWANCE: Total : 4TH QUARTER CELL ALLOWANCE: Total : 4TH QUARTER CELL ALLOWANCE: EXPENSE REIMBURSEMENT Total : Oil LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : Amount 29,985.69 50,828.36 80,814.05 19.69 19.69 56.06 137.97 194.03 135.00 135.00 135.00 135.00 135.00 135.00 135.00 233.20 368.20 572.50 572.50 61.20 35.70 33.15 67.15 25.00 36.55 44.20 41.65 32.30 96.90 Page: 1 vchlist 12/31/2009 3:25:44PM Voucher List Spokane Valley Page: 2 Bank code : Voucher 19283 19284 19285 19286 19287 19288 19289 19290 19291 19292 19293 19294 19295 apbank Date Vendor Invoice PO# Description/Account Amount 12/31/2009 001447 001447 FREE PRESS PUBLISHING INC (Continued) 12/31/2009 001003 GEOENGINEERS INC 12/31/2009 001009 GOTHMANN,WILLIAM 12/31/2009 002235 GRAFOS, DEAN 12/31/2009 000002 H& H BUSINESS SYSTEMS INC. 12/31/2009 000259 HUMANIX INC. Total : 0103510 42398 CONSTRUCTION SUPPORT SERVI( Total : CELL ALLOWANCE 4TH QUARTER CELL ALLOWANCE: Total : CELL ALLOWANCE 4TH QUARTER CELL ALLOWANCE: Total : NOV 09 COPIER COST Total : 172770 STAFFING SVCS: LASERFICHE 172842 STAFFING SERVICE: LASERFICHE Total : 12/31/2009 000313 INLAND ASPHALT COMPANY INC. Pay App#11 12/31/2009 000086 INLAND EMPIRE UTILITY,COORDINATII\ 1/1/10 12/31/2009 000265 JACKSON, MIKE 12/31/2009 001845 KRUEGER INTL 12/31/2009 001886 LLOYD'S AUTOMOTIVE 12/31/2009 000069 MERCIER, DAVID 12/31/2009 000062 MUNSON, RICHARD 42102 PROJ#005-PINES/MANSFIELD CC Total : 2010 UTILITY MEMBER DUES Total : CELL ALLOWANCE 4TH QUARTER CELL ALLOWANCE: Total : 12659110 42508 HURRYUP CLASSROOM TABLES Total : Total : 11601 CELL ALLOWANCE CELL ALLOWANCE EXPENSES REAR DEFROSTER: 06770D 4TH QUARTER CELL ALLOWANCE: Total : 4TH QUARTER CELL ALLOWANCE: MILEAGE REIMBURSEMENT 473.80 5,421.00 5,421.00 135.00 135.00 45.00 45.00 1,671.74 1,671.74 568.00 284.00 852.00 429,213.76 429,213.76 1,000.00 1,000.00 135.00 135.00 2,256.61 2,256.61 65.15 65.15 135.00 135.00 135.00 179.30 Page: 2 vchlist 1213112009 3:25:44PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice PO i# Description/Account 19295 12/31/2009 000062 000062 MUNSON, RICHARD 19296 12/31/2009 000512 OFFICETEAM 19297 12/31/2009 001133 PATRIOT FIRE PROTECTION, INC. 9-12-423 (Continued) 30383596 30398031 19298 12/31/2009 000322 QWEST 509-921-6787 511B 509-922-7091 060B 19299 12/31/2009 002169 ROBERTSON, IAN CELL ALLOWANCE 19300 12/31/2009 000064 SCHIMMELS,GARY CELL ALLOWANCE 19301 12/31/2009 000172 SPOKANE CO ENGINEER VLY0911 19302 12/31/2009 000001 SPOKANE CO TREASURER DECEMBER 2009 19303 12/31/2009 000001 SPOKANE CO TREASURER 41501139 19304 12/31/2009 000939 SPRAGUE&SULLIVAN MINISTORAGE 73045 19305 12/31/2009 000311 SPRINT 326088106-025 959698810-025 19306 12/31/2009 002215 VANGUARD CLEANING SYSTEMS 11385 19307 12/31/2009 000061 WILHITE, DIANA CELL ALLOWANCE Total : STAFFING SVCS: LASERFICHE STAFFING SVCS: LASERFICHE Total : FIRE SPRINKLER INSPECTION Total : PHONE SERVICE: CP PHONE SERVICES: MISSION POOL Total : 4TH QUARTER CELL ALLOWANCE: Total : 4TH QUARTER CELL ALLOWANCE: Total : NOV 09: COUNTY SERVICES Total : SPOKANE COUNTY SERVICES Total : NOVEMBER 09: HOUSING Total : LATE FEE— 1L46 Total : DEC 09:WAPS FOR LAPTOPS DECEMBER SPRINT CELL PHONE Total : WINTER MAINT FACILITY Total : 4TH QUARTER CELL ALLOWANCE: Amount 314.30 391.20 391.20 782.40 184.79 184.79 41.50 109.32 150.82 90.00 90.00 135.00 135.00 44,281.07 44,281.07 249,038.45 249,038.45 46,938.20 46,938.20 5.00 5.00 549.89 1,601.99 2,151.88 445.52 445.52 135.00 Page: 3 vchlist 12/31/2009 3:25:44PM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19307 12/31/2009 000061 WILHITE, DIANA (Continued) EXPENSES 1224090010 12/24/2009 001865 MORGEN&OSWOOD CONSTRUCTION Pay App#10 1228090006 12/28/2009 001865 MORGEN&OSWOOD CONSTRUCTION Pay App#10 1230090026 12/31/2009 000001 SPOKANE CO TREASURER 36 Vouchers for bank code : apbank 36 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date DECEMBER 2009 42219 42219 MILEAGE BRIDGE CONSTRUCTION BRIDGE CONSTRUCTION 895.95 Total : 1,030.95 1,500,000.00 Total : 1,500,000.00 248,535.24 Total : 248,535.24 DECEMBER 09: SHERIFF SERVICE: Total : Bank total : 1,266,81 1.17 1,266,811.17 3,884,672.32 Total vouchers : 3,884,672.32 Page: 4 f vchlist 01/04/2010 2:02:12PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19308 1/4/2010 001606 BANNER BANK 0620 NOV 09:0620 1,532.81 0638 NOV 09:0638 1,888.87 4375 NOV 09:4375 1,569.12 4383 NOV 09:4383 60.00 4458 NOV 09:4458 494.63 4474 NOV 09:4474 932.90 4720 NOV 09:4720 884.71 6527 NOV 09:6527 1,393.20 Total : 8,756.24 19309 1/4/2010 001409 BEST LINE 053112232009 ANSWERING SVC: CP 22.75 Total : 22.75 19310 1/4/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9080463 LINEN SERVICE: CP 313.30 Total : 313.30 19311 1/4/2010 000143 CITY OF SPOKANE OCT/NOV 2009 TRANSFER STATION: PW 823.27 Total : 823.27 19312 1/4/2010 001148 COLUMBIA PAINT&COATINGS 8611-0 SUPPLIES: CP 47.90 Total : 47.90 19313 1/4/2010 000326 CONSOLIDATED IRRIGATION#19 DEC 2009 UTILITIES: PARKS 80.71 Total : 80.71 19314 1/4/2010 000278 DRISKELL, CARY Expenses EXPENSE REIMBURSEMENT 112.20 Total : 112.20 19315 1/4/2010 000011 GREATER SPOKANE VALLEY Dec 2009 OUTSIDE AGENCIES GRANT 2009 1,037.00 Total : 1,037.00 19316 1/4/2010 001635 ISS FACILITY/EVENT SERVICES 22060 MONTHLY JANITORIAL SERVICES 7,136.00 Total : 7,136.00 19317 1/4/2010 001684 MARKETING SOLUTIONS NW CP 1217/09 ADVERTISING:CP 2,325.00 Total : 2,325.00 Page: 1 vchlist 01/04/2010 2:02:12PM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19318 1/4/2010 000652 OFFICE DEPOT INC. 500997354001 OFFICE SUPPLIES: PARKS AND RE 242.48 500997826001 OFFICE SUPPLIES:CP 181.13 501377154001 KITCHEN/OFFICE SUPPLIES 403.80 Total : 827.41 19319 1/4/2010 000291 PROJECT ACCESS, INC. 103 4TH QTR LODGING TAX GRANT 3,750.00 Total : 3,750.00 19320 1/4/2010 002193 QSCEND TECHNOLOGES, INC 3557 42517 website software(see attached itemiz 27,300.00 Total : 27,300.00 19321 1/4/2010 000935 SERVICE PAPER CO 30459599 SUPPLIES FOR CENTERPLACE 79.38 Total : 79.38 19322 1/4/2010 001931 SNOVER REALTIME REPORTING 2105 LEGAL SERVICES 109.00 Total : 109.00 19323 1/4/2010 001663 VISION TECHNOLOGY 12/10/09 INSTRUCTOR PAYMENTS 1,960.00 Total : 1,960.00 19324 1/4/2010 001797 VPCI 8969 FUJISTU 5015C 1,480.00 Total : 1,480.00 17 Vouchers for bank code: apbank Bank total : 56,160.16 17 Vouchers in this report Total vouchers : 56,160.16 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor pertormed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 2 vchlist 01/05/2010 11:34:43AM Voucher List Page: 1 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19326 1/5/2010 000277 AWC 2010 Membership 2010 MEMBERSHIP FEES 60,152.45 Total : 60,152.45 19327 1/5/2010 000193 NORTHWEST CHRISTIAN SCHOOL INC January 2010 CITY HALL RENT 37,468.47 Total : 37,468.47 19328 1/5/2010 000273 SRTC 12-18-09 SRTC BUDGET FOR 2010 34,300.00 Total : 34,300.00 19329 1/5/2010 000098 WA CITIES INSURANCE AUTHORITY 10113 2010 ASSESSMENT 288,597.00 Total : 288,597.00 19330 1/5/2010 000140 WALTS MAILING SERVICE January 2010 POSTAGE FOR MAILER (1131) 787.17 Total : 787.17 5 Vouchers for bank code: apbank Bank total : 421,305.09 5 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that 1 am authorized to authenticate and certify to said claim. Finance Director Date Total vouchers: 421,305.09 Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 1-12-10 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ennding December 31, 2009 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 229,259.26 Benefits: $ 121,034.35 Total payroll $ 350,293.61 STAFF CONTACT: Raba Nimri ATTACHMENTS DRAFT MINUTE S City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, December 22, 2009 Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting. Attendance: City Staff: Rich Munson,Mayor Dave Mercier, City Manager Dick Denenny, Deputy Mayor Mike Jackson, Deputy City Manager Rose Dempsey, Councilmember Mike Connelly, City Attorney Bill Gothmann, Councilmember Mike Stone, Parks &Recreation Director Dean Grafos, Councilmember Neil Kersten,Public Works Director Gary Schimmels, Councilmember Ken Thompson, Finance Director Diana Wilhite, Councilmember Cary Driskell, Deputy City Attorney Carolbelle Branch,Public Information Office Chris Bainbridge, City Clerk INVOCATION: Pastor James Kashork of Holy Trinity Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE: Boy Scout Andrew Matthewson led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Wilhite, seconded and unanimously agreed to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Wilhite: reported that the SRTC (Spokane Regional Transportation Council) meeting included wrapping things up for the end of the year. Councilmember Gothmann: said that he attended a regional transportation meeting on behalf of Greater Spokane Incorporation (GSI), where they discussed support for a transportation benefit district (TBD); said that the Chamber meeting included the same subject; that he received a phone call from six elected officials on the Transportation Improvement Board (TIB) voicing concern about a proposed move of the TIB to WSDOT(Washington State Department of Transportation) and of the reasons why the TIB should remain as is; that he spoke with Tim Crowley of Spokane Housing and Community Development regarding homeless funds 2163 and 2060, and he said Mr. Cowley expressed concern that cities are not getting as involved as they should and therefore maybe are not receiving benefits from the bills as they should, and he talked about the possibility of creating a board with all the providers, or a board in which all cities and localities have representation. Councilmember Dempsey, Schimmels and Grafos: no report Deputy Mayor Denenny: said that the Solid Waste Advisory Council meeting included discussion on the plan on landfills and inert components and past recommendations, but no discussion on merging the boards as that will be discussed next year; he said that Mr. Meinke made a presentation regarding transfer stations to make them consistent throughout the region; that he chaired the STA (Spokane Transit Authority) meeting concerning the planning process that the community will be involved with and on ideas about how to integrate the various modes of transportation, and said that Wendy Van Orman was selected as next year's chair. Council Regular Meeting 12-22-2009 Page 1 of 3 Approved by Council: DRAFT MAYOR'S REPORT: Mayor Munson reported that STA meeting was especially interesting as they are trying to be responsible and realize that sales tax income is down and that it will take an approximate 18% increase next year to catch up, which won't happen, yet he said the quality of service will not go down even through there could be a drop of some routes; he said that the GSI meeting discussed the upcoming legislative session and Senator Marr was there and things look bleak budget-wise; regarding the TIB, he said he sent an e-mail to AWC (Association of Washington Cities) last week on behalf of himself and Councilmember Gothmann concerning the TIB and WSDOT to keep the funds separate; and said that at the GSI meeting they also mentioned the national budget for the coming year and requests for funds for such projects as the North/South Freeway. PUBLIC COMMENTS: Mayor Munson invited general public comments. Rick Ogan, 6410 E 14th: he mentioned the Valley View Hills addition, and the proposed addition in Spokane County called Taylor Cottages; and said that this new addition will result in traffic routing in and out of the area of his neighborhood, which is now a dead-end (14th Avenue) which is adjacent to the proposed development; he said the neighborhood is peaceful and the one way in or out was the main reason many people purchased homes in that area; he said if this project is approved, the neighborhood will become a lot busier; and he suggested leaving 14th Avenue as is; he said it is only about four blocks long with no direct access to an arterial; and that he spoke with about forty citizens and no one is in favor to open this up as it would serve no purpose; and he recommended Spokane Valley Council direct the City's traffic person go to the County to oppose the project as he said it serves no purpose; and he asked if the County has to ask the City to do this project. Mayor Munson said that staff will research this and get back to him, and Mayor Munson recommended Mr. Ogan attend the County's hearing on this matter. Steve Taylor, PO Box 663 Connell, WA: expressed his farewell to fond friends Dick Denenny, Rich Munson and Diana Wilhite and said he appreciates their service and serving with them; and said they reflect credit upon Spokane Valley and upon this body; that he appreciates the leadership and dedication and said they set a great example, that their leadership will be missed, and he thanked them for all their service. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 11-24-2009 Beginning 18991, ending 19009 and 1120090004 $469,840.40 12-02-2009 Beginning 2990, ending 2993 $51,785.97 12-04-2009 Beginning 19022, ending 19082, , 1130090008 and 1203090008 $1 728 X27.96 12-04-2009 Beginning 19083, ending 19091 $9,531.53 12-07-2009 19092 $500.00 12-14-2009 Beginning 19096, ending 19129 $295,362.07 12-14-2009 Beginning 19130, ending 19152 $73,798.85 GRAND TOTAL $2,629,146.78 b. Approval of Payroll for pay period ending December 15, 2009: $249,047.84 c.Approval of Council Meeting Minutes of December 1, 2009 Executive Session d. Approval of Council Meeting Minutes of December 1, 2009 Study Session e. Approval of Council Meeting Minutes of December 8, 2009 f.Approval of Council Meeting Minutes of December 15, 2009 Study Session g. Approval of Former Payroll Vouchers Council Regular Meeting 12-22-2009 Page 2 of 3 Approved by Council: DRAFT h. Approval of Former Claim Vouchers It was moved by Deputy Mayor Denenny, seconded and unanimously agreed to approve the consent agenda as presented. OTHER BUSINESS: 2. Councilmember Recognition Councilmember Gothmann presented plaques to outgoing Councilmembers Wilhite, Denenny, and Munson; and to former Councilmember and Planning Commissioner Ian Robertson; and Mr. Gothmann mentioned some of the accomplishments over the last seven and one-half years, including new parks, bridges, and the City's $35 million in reserve; and Councilmembers Wilhite, Denenny, and Munson spoke concerning their privilege to serve the citizens of the community. City Manager Dave Mercier spoke of the task of "launching the new city as the moment in time shepherding the largest municipal incorporation in Washington's history," and spoke of the valued collaborative association he and Council has shared since 2003, and of the friendships made, challenges overcome, all which he said were done with grace and civility; and on behalf of himself and staff, he applauded their incredible public service. Other speakers included thanks from Councilmembers Schimmels, Dempsey, and Grafos, thanks from Monte Nesbitt on behalf of the Fire Department, comments from Dick Behm adding the Spokane Valley Business Association's endorsement of these Councilmember's dedication as noted in prior comments from the Chamber of Commerce representative during the open reception prior to tonight' meeting; followed by comments from Ian Robertson, and Spokane Valley Public Information Officer Carolbelle Branch. PUBLIC COMMENTS: Mayor Munson invited other general public comments; no comments were offered. ADMINISTRATIVE REPORTS: N/A 14. INFORMATION ONLY: The Department Reports, Response to Public Comments, and City Attorney Memo Concerning Planning Commission Membership were for information only and were not reported or discussed. EXECUTIVE SESSION: NA It was moved by Deputy Mayor Denenny and seconded to adjourn. The meeting was adjourned at 7:00 p.m. ATTEST: Mayor Christine Bainbridge, City Clerk Council Regular Meeting 12-22-2009 Page 3 of 3 Approved by Council: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Meeting Date: January 12, 2010 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 Ordinance 10-001 Amending Spokane Valley Municipal Code 3.25.040, Gambling Tax GOVERNING LEGISLATION: Spokane Valley Municipal Code 3.25.040 Gambling Tax PREVIOUS COUNCIL ACTION TAKEN: Gambling Tax Ordinance #28 was adopted by Council January 28, 2003, and effective March 31, 2003; and codified as Spokane Valley Municipal Code 3.25. Section 3.25.020B1 was amended in September, 2004. BACKGROUND: The City implemented a gambling tax in early 2003. Gambling establishments were required to report their gross tax and pay amounts due to the City on or before the 15th day of the month succeeding the quarterly period in which the tax accrued. The 15 day requirement was difficult for establishments to meet, especially if they had more than one business where gambling took place. City staff didn't pursue gambling tax establishments that missed the deadline established by the ordinance because the Council wanted a business friendly environment and staff felt the 15 day deadline was too short. Reminder letters were sent, usually 30 days after the end of the quarter, rather than the 15 days mentioned in the ordinance. The State Auditor's Office has suggested the ordinance be changed to require reports within 30 days of the end of the quarter rather than the 15 days that now appears in the ordinance. This issue was discussed at the January 5, 2010 council meeting. OPTIONS: 1) Advance the ordinance to an upcoming council meeting for a second reading; 2) Rearrange priorities in the department to place greater emphasis on examining gambling tax returns between the 16th and 30th day succeeding each calendar quarter, and notify gambling establishments the existing 15th deadline will be strictly enforced. RECOMMENDATION: Move to advance ordinance 10-001 to a second reading. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Finance Director Ken Thompson ATTACHMENT: Draft Ordinance 10-001 Amending 3.25 Gambling Tax DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 010-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE 3.25.040, GAMBLING TAX REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, the City of Spokane Valley adopted Ordinance 03-028 on January 28, 2003, to be effective upon the date of incorporation. Ordinance 03-028 was later codified into Spokane Valley Municipal Code (SVMC) Chapter 3.25, Gambling Tax; and WHEREAS, SVMC 3.25.040 was adopted with a requirement that gambling establishments submit completed quarterly reports documenting the establishment's gambling activity within 15 days of the end of the quarter; and WHEREAS, the fifteen-day requirement of 3.25.040 is difficult for establishments to meet, and staff along with the State Auditor's Office suggests the section be amended to change the required reports due within thirty days of the end of the quarter rather than the fifteen days as currently stated. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. The City of Spokane Valley declares that the intent of this Ordinance is to amend 3.25.040 to provide an appropriate time frame for gambling establishments to file quarterly reports documenting their gambling activity for the preceding quarter. Section 2. Amending SVMC 3.25. Regarding Time To File Quarterly Report. SVMC 3.25.040 is hereby amended as follows: 3.25.040 Payment of tax. The tax imposed by this chapter shall be due and payable in quarterly installments and remitted to the city finance director together with the required information on the return form(s), as prescribed by the City, on or before the 30th fifteenth day of the month succeeding the quarterly period in which the tax accrued, unless the 30th fifteenth day of the month is a nonbusiness day or holiday, then said tax shall be due and payable on the next business day. Any tax remaining unpaid on the day following its applicable due date shall be delinquent;provided however: A. Whenever an entity subject to the tax imposed by this chapter ceases the taxable activity for a period of more than two consecutive calendar months, the tax shall become due and payable on the tenth calendar day following the last date of business, unless the tenth day is a nonbusiness day or holiday,then said tax shall be due and payable on the next business day. B. Whenever the city manager determines, based upon a history of delinquent payment or an assignment for the benefit of creditors, or such other evidence that the ability of the City of Spokane Valley to collect the tax owing from the taxpayer may be in jeopardy,the City, after not less than 10 days' written notice to the taxpayer, may require the taxpayer to remit taxes owing hereunder at a shorter interval than prescribed herein. Notice shall be given by regular and certified mail. In the event that the certified mail is refused by the taxpayer and returned to the City of Spokane Valley, notice shall be deemed effective upon the date of mailing of the notice by regular mail. (Ord. 28 § 4, 2003). Section 3. Remainder of SVMC 3.25. Unchanged. The remaining provisions of SVMC 3.25 are unchanged by this amendment. Ordinance 10-001 Amending SVMC 3.25.040 Page 1 of 2 DRAFT Section 4. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 5. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Approved this day of January, 2010. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Ordinance 10-001 Amending SVMC 3.25.040 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 12, 2010 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 Ordinance 10-002, Code Compliance Amendment to SVMC 17.100.030 GOVERNING LEGISLATION: SVMC 17.100.030 PREVIOUS COUNCIL ACTION TAKEN: On December 1, 2009, staff provided the Council with information regarding the proposed ordinance which would allow the City to comply with state law and utilize a full range of options when bringing code compliance cases to court. BACKGROUND: The existing language in SVMC 17.100.030 does not clearly state that in order to 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: Request additional discussion or changes to the draft; place on future agenda for second reading; suspend rules and adopt tonight. RECOMMENDED ACTION OR MOTION: I move that we advance Ordinance 10-002 to a second reading. BUDGET/FINANCIAL IMPACTS: Anticipated to be revenue neutral. STAFF 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. 10-002 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. WHEREAS, the following changes are 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 are 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 a judicial abatement order, and if such abatement is not timely 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. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this chapter are 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 alternative to,utilizing the procedures set forth in this chapter,the City may seek legal 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 1 district court or superior court by the office of the city attorney. Ordinance 10-002 Amending 17.100.030 Page 1 of 2 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 supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial 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 regarding 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 Unchanged. The remaining provisions of SVMC 17.100 are unchanged by this amendment. Section 3. Severability. 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. 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 ,2010. Thomas E. Towey,Mayor ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-002 Amending 17.100.030 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 01-12-10 City Manager Sign-off: Item: Check all that apply:n consent n old business [Z]new business n public hearing n information n admin. report n pending legislation AGENDA ITEM TITLE: Confirmation of Mayoral Committee Appointments PREVIOUS COUNCIL ACTION TAKEN: Annually the Mayor makes committee appointment recommendations to be confirmed by Council. RECOMMENDED MOTION: Confirmation of the following Council Appointments: 1. Chamber of Commerce Board: Brenda Grassel 2. Convention Center&Visitor's Bureau: Brenda Grassel 3. Greater Spokane Inc. (formerly EDC): Dean Grafos 4. Emergency Communications Board 911: Bill Gothmann 5. Finance Committee, Spokane Valley: Tom Towey,Dean Grafos, Gary Schimmels 6. Governance Manual: Tom Towey, Bill Gothmann 7. Growth Management Steering Committee of Elected Officials: Dean Grafos, Brenda Grassel 8. Health District Board(Spokane Regional Health District Board): Bill Gothmann, Rose Dempsey 9. International Trade Alliance: Brenda Grassel 10. Lodging Tax Advisory Committee: Council Representative: Brenda Grassel; Member of person involved in funded activities: Doug Kelly(two-year position) 11.NE Housing Solutions (formerly Spokane Housing Authority SHA): Citizen: Terri Symbol, for a term expiring 3-15-2012 12. Solid Waste Advisory Committee &Liaison Board: Gary Schimmels 13. Spokane County Housing &Community Development Advisory Committee (HCDAC): Re-confirm Bill Gothmann (term ends 2011) 14. Spokane Regional Clean Air Agency: Re-confirm Rose Dempsey(term runs with council term) 15. Spokane Regional Transportation Council (SRTC): Gary Schimmels 16. Spokane Transit Authority(STA): Tom Towey, Gary Schimmels 17. TPA (Hotel Advisory Committee)Tourism Promotion Area: Tom Towey 18.Wastewater Policy Advisory Board: Rose Dempsey, Tom Towey CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 12, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Amendments to False Alarm Code GOVERNING LEGISLATION: SVMC 7.20 Alarm Systems PREVIOUS COUNCIL ACTION TAKEN: Adoption of false alarm code in 2004; adoption of new false alarm code in 2009, applicable 1-1-2010. BACKGROUND: At the request of the Police Department, the City Council adopted a new false security alarm code in September, 2009, effective January 1, 2010. Concurrently, the Council approved a contract with Public Safety Corp./CryWolf (PSC), a private company specializing in helping jurisdictions reduce the number of false alarms. Contracting with PSC is anticipated to remove the courts from the equation, thus saving court time, clerical time, and taxpayer dollars. The objective is to reduce the number of false alarms, free up officers' time to deal with other services, and un-clog the court. Spokane Valley had over 1,000 false security alarms in 2008. In the process of registering the many alarm users in the last month, PSC and our Police Department personnel found several items that were redundant, erroneous or unnecessary. The attached proposed code amendments are considered housekeeping items, and would remove or amend those provisions. OPTIONS: RECOMMENDED ACTION OR MOTION: Consensus to place on future agenda for first reading. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, Deputy City Attorney; Rick VanLeuven, Chief of Police ATTACHMENTS Proposed code revisions DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-00* AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 7.20.050, 7.20.100,7.20.110,and REPEALING 7.20.170 RELATING TO SECURITY ALARMS,AND OTHER MATTERS RELATING THERETO WHEREAS, the City of Spokane Valley previously adopted regulations relating to false alarms that became effective January 1, 2010, codified in Spokane Valley Municipal Code 7.30; and WHEREAS, in the course of implementing these Code changes, staff discovered several items that needed to be amended because they were either unnecessary or contradictory; and WHEREAS,the City Council desires to amend the Code to correct these errors. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Spokane Valley Municipal Code sections related to alarms to remove unnecessary or erroneous provisions. Section 2. Amending Spokane Valley Municipal Code 7.20.050: SVMC 7.20.050 is amended as follows: Section 7.20.050 Registration Terms and Fees A. Alarm registration is valid for one year. B. Alarm registration is issued to a person or persons ("alarm user") having bona fide ownership or control of an alarm site (i.e., home owner, business owner, renter, leaseholder, etc.) and specifically for that alarm site or address. Alarm registration remains in the name(s) of the alarm user of record until a change of ownership or control of the alarm site occurs. C. Alarm registration is attached to the alarm user and the alarm site registration and is not transferable. A new alarm site registration must be issued whenever there is a change of ownership or control of an alarm site. D. The initial registration application shall be given to the alarm user at the time of alarm installation and shall be submitted to the alarm administrator or designee within 30thiftt days. E. A signed copy of the disclosure statement required in SVMC 7.20.110 shall be .submitted to the alarm administrator along with the initial registration application. Receipt of the disclosure statement is a precondition of registration. Ordinance 10- False Alarm Page 1 of 6 DRAFT E. Registration information is determined by the alarm administrator and shall include, but not be limited to,the following: 1.Name and address of the alarm user(i.e.,the person financially responsible for operation of the alarm system being registered). 2. Home,business and cellular telephone number(s) of the alarm user. 3.Name, address and telephone number of the alarm business providing monitoring service to the system. 4. Alternate telephone number for verification (cell phone or other telephone designated by the alarm user). 5. Signature of the alarm user verifying that the alarm user he has read and understood the City public disclosure statement and agrees to pay the fees associated with false alarms. GF. On receipt of the application, fees and copy of the signed disclosure statement, the alarm administrator (or designee) shall issue a security alarm registration number to the alarm user. 44G. The security alarm registration number assigned to an alarm user remains the same for as long as the alarm user continuously maintains registration for the alarm site. mil. Registration may be renewed under the following conditions: 1. The alarm site has no past-due fees. 2. The alarm site's registration is not suspended for excessive false alarms. 3. The alarm user either updates his registration information or verifies that the current registration information is still correct. 4. The appropriate annual registration fee is paid. H. Renewal information and fees are submitted to the alarm administrator (or designee) on or before the initial registration anniversary date each year. JK. The rates for security alarm registration fees are set forth in the City's Master Fee Schedule, as set forth in SVMC 7.20.310. The established rates shall assure that the alarm administrator position and all other costs related to administration and enforcement of the security alarm ordinance are supported entirely by registration fees. Section 3. Amending Spokane Valley Municipal Code 7.20.100: SVMC 7.20.100 is amended as follows: Section 7.20.100 Alarm Dispatch Requests A. Alarm dispatch requests shall be made in the manner prescribed by the alarm administrator and approved by 911 and police dispatch. Ordinance 10- False Alarm Page 2 of 6 DRAFT B. Alarm dispatch requests may include, but are not limited to, the following information: 1. Alarm site registration number. 2. Location of the alarm activation. 3. Type of alarm activation (burglary/property/intrusion/robbery/ panic/hold- up/duress or roll-over/airbag deployment). 4. Alarm business' incident number(or other official incident identifier). 5. Alarm business' assigned control number. C. Alarm dispatch requests made to the department (or its designee) shall be for police incidents only, and shall accurately indicate the type of alarm activation (burglary/property/intrusion, robbery/hold-up/panic/duress) that is the proximate cause for the alarm dispatch request. D.No alarm business shall initiate an alarm dispatch request if it knows, or reasonably should know,that doing so would cause a law enforcement office • -•• . o -- . .- • to respond to an alarm site containing a protective/reactive alarm system. E.No dispatch request and subsequent police response to a robbery alarm (as defined in SVMC 7.20.0201 may be cancelled by the alarm user. In every case at least one officer shall respond to affirm that the alarm user is not under duress of any kind. Section 4. Amending Spokane Valley Municipal Code 7.20.110: SVMC 7.20.110 is amended as follows: Section 7.20.110 Duties of Alarm Installation Company and/or Monitoring Company A. All alarm installation and/or monitoring companies shall ensure that their customer information is updated with the alarm administrator or designee at least monthly. This information shall include: 1. Customer name and contact information (i.e., all phone numbers); 2. Alarm site address and billing address; 3. Monitoring company name and contact information; and 4. Installation date or date the alarm monitoring ended. B. All alarm installation and/or monitoring companies shall ensure that an on-site inspection of the operating systems for the alarm system shall occur at least once every three years. The records of these inspections shall be made available to the alarm administrator upon request. C. The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions Ordinance 10- False Alarm Page 3 of 6 DRAFT will specifically include all instructions necessary to turn the alarm system on and off and to prevent false alarms. D. Effective January 1, 2010, and thereafter, alarm installation companies shall not program alarm systems so that they are capable of sending one-plus duress alarms. 1. Monitoring companies may continue to report one-plus duress alarms received from alarm systems programmed with one-plus duress alarms prior to January 1, 2010. 2. Effective January 1, 2010, and thereafter, when a takeover or conversion occurs, or if an alarm user requests an alarm system inspection or modification, pursuant to SVMC 7.20.050, an alarm installation company must remove the one-plus duress alarm capability from such alarm systems. E. Effective January 1, 2010, and thereafter, alarm installation companies shall not install a device to activate a holdup alarm,which is a single action,non-recessed button. F. Effective April 1, 2010, the alarm installation companies shall, on new installations, use only alarm control panel(s)which meet SIA Control Panel Standard CP-01. G. An alarm company shall not use automatic voice dialers which call 911 or the police department. H. After completion of the installation of an alarm system, an alarm installation company employee shall review with the alarm user the customer false alarm prevention checklist established by department policy. I. The monitoring company shall make an alarm dispatch request for a police officer response to a burglar alarm signal, including panic, duress and hold-up signals. A residential alarm user is provided one false alarm response during the first sixty days following an alarm system installation without any charge. J. A monitoring company shall: 1. Report alarm activations or signals by using the telephone numbers designated by the alarm administrator; 2. Attempt to verify every burglar alarm signal prior to requesting a police dispatch by making at least two phone calls to the responsible party or parties. This procedure does not apply to duress or hold-up signals; 3. Communicate alarm dispatch requests to the Spokane Valley police in a manner and form determined by the alarm administrator; 4. Communicate cancellations to the Spokane Valley police in a manner and form determined by the alarm administrator; 5. Ensure that all alarm users of alarm systems equipped with duress, hold-up or panic alarm(s) are given adequate training as to the proper use of the duress, hold-up or panic alarm(s). Alarm system training should be provided to every alarm user and/or additional training provided in situations where the alarm user has established a high incident rate of false alarms resulting from unintentional or accidental activation; 6. Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request; Ordinance 10- False Alarm Page 4 of 6 DRAFT 7. Communicate type of alarm activation (silent or audible, interior or perimeter); 8. Provide an alarm user registration number when requesting an officer dispatch; 9. After an alarm dispatch request, promptly advise the Spokane Valley police if the monitoring company knows that the alarm user or the responder is on the way to the alarm site 10. Attempt to contact the alarm user or responder within twenty-four hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and 11. Effective January 1, 2010, monitoring companies must maintain for a period of at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests. a. Records must include the: i. name, address and telephone number of the alarm user; ii. alarm system zone(s) activated; iii.time of alarm dispatch request; and iv. evidence of an attempt to verify. b. The alarm administrator may request copies of such records for individually named alarm users. c. If the request is made within sixty60 days of an alarm dispatch request, the monitoring company shall furnish requested records within tee3 business days of receiving the request. d. If the records are requested between S'ixty60 days to one year after an alarm dispatch request, the monitoring company shall furnish the requested records within tkift 30 days of receiving the request. K. An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide details as may be reasonably requested by the alarm administrator. Section 5. Repealing Spokane Valley Municipal Code 7.20.170: SVMC 7.20.170 is repealed as follows: Section 7.20.170 Fecs for Appropriating Public Police Services for Private PurpesesIntentionally left blank A. The cost recovery fees for appropriating public police services for private purposca arc in the City's Master Fcc Schedule,pursuant to SVMC 7.20.310. Ordinance 10- False Alarm Page 5 of 6 DRAFT 1. Separate rates may be established for commercial properties and residential properties responses to false burglary/property/intrusion alarms and to false robbery/hold up/panic/duress alarms. 2. The established rates shall assure that the full cost of police response to false .security alarms is recovered by the City. B. Cost recovery fees are assessed based on the response requested. An alarm dispatch request reporting a robbery alarm, for example, is subject to the false alann penalty fee applicable to robbery false alarm responses, even if the alarm activation should properly have been reported as a burglary alarm. Section 6. Remainder of SVMC 7.20 Unchanged. The remaining provisions of SVMC 7.20 are unchanged by this amendment. Section 7. Severability. 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. Section 8. Effective Date. This Ordinance shall become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. Adopted this day of , 2010. City of Spokane Valley Thomas E. Towey, Mayor, ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Ordinance 10- False Alarm Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 12, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Homeless Housing and Assistance Act Regional Program GOVERNING LEGISLATION: RCW 43.185C PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: See attached letter with proposed resolution. OPTIONS: The City has the option to operate a separate homeless housing program or choose to stay in the County's Homeless Regional Plan and Program. RECOMMENDED ACTION OR MOTION: Advise staff on desired option and proceed accordingly. BUDGET/FINANCIAL IMPACTS: Revenue neutral if City remains with County; unknown if City chooses to operate separately. STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: Response and Proposed Resolution Request received from Spokane County i po k `11+:, :l. Xll � y CHRISTINE BARADA COMMUNITY SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DIRECTOR December 18,2009 The Honorable Richard Munson City of Spokane Valley 11707 E. Sprague Avenue Suite 106 Spokane Valley,WA 99206 Dear Mayor Munson: I Re: Response and Resolution needed by January 31,2010 on Homeless Housing and Assistance Act Regional Program. In 2005 the State Legislature passed a bill known as the Homelessness Housing and Assistance Act,ESSHB 2163,later codified at RCW 43.185C("Act")with a stated goal of reducing homelessness statewide by fifty percent by July 1,2015. The Act requires the establishment of a local homeless housing task force,whose purpose is to develop a ten-year homeless housing plan specific to the local jurisdiction's needs. The Act imposes real estate document recording fees,a portion of which is retained by the respective county,with the balance going to the state for the I purpose of allocating grants to local governments. The Act was amended in 2007 by ESSHB 1359 and again in May,2009 by ESSHB 2331 for the purpose of continuing funding by imposing document recording fees. The Act allows the cities/towns to assert responsibility for homeless housing within its borders if it so chooses by forwarding a resolution from its legislative authority to the county stating its intention to operate a separate homeless housing program.The city/towns potential allocation of the document recording fees would be based on a percentage equal to the percentage of the city's/town's portion of the real estate excise tax collected by the county. Since 2005 approximately$4.3 million has been collected for Spokane County regionally. Some of this revenue goes to the state depending on specific legislation.Your jurisdictions percentage of revenue would be based on the real estate excise tax percentage. (See Attached). A city/town choosing to operate its own homeless housing program is then responsible for complying with all of the same statutory requirements as counties,including the adoption of its own homeless housing plan and program. Alternatively,the city/town may by resolution of its legislative authority chose to stay in the county's homeless regional plan and program. For the past 2-years, Spokane County has contracted with the City of Spokane,through its Human Services Department to administer a Request for Proposal(RFP)process and monitor funded county-wide homeless activities that further the goal of reducing homelessness by 2015. For 2010-2011,the Board of Spokane County Commissioners will allocate$1,000,000 toward the 312 WEST 8TH AVENUE • FOURTH FLOOR • SPOKANE, WA 99204 PHONE:(509)477-5722 • FAX:(509)477-6827 • TDD:509-477-5722 •1 RELAY SERVICE OF WASHINGTON:1-800-833-6384 • WWW.SPOKANECOUNTY.ORG regional goal of r edu cin g homelessness,and a greed to a n Agreement with the City y of Spokane to again conduct the RFP process and monitor funded projects and services. The document recording fees are placed in a separate fund by the Spokane County Auditor's Office,with a portion remitted to the State as required by statute.In 2008-2009 a Task Force developed a Spokane Regional Ten-Year Plan to End Homelessness(Plan).Its purpose having been accomplished,the Task Force will be replaced by,or incorporated into an Advisory Committee. The Advisory Committee will include representatives of the Spokane incorporated cities/towns and citizens of the unincorporated area and make recommendations to the county and Board of County Commissioners on regional homeless priorities,needs,and funding allocations. This letter is to advise you that your city/town has the right to operate your own homeless housing program by submitting a resolution from your legislative authority to Spokane County Community Services,Housing,and Community Development Department by January 31,2010. In this event an Agreement between Spokane County and your city/town will be executed. (See attached sample resolution). Spokane County continues its support of the regional approach to reducing homelessness and we encourage your jurisdiction to remain in our regional planning and appropriation process. By January 31,2010 please return a copy of your resolution choosing to remain in the county's Homeless Housing Program or to opt out of the county program. (See attached sample resolution). We look forward to your response and regional participation in this very important cause. Please call me at 477-7561 or Tim Crowley at 477-4488 if you have any questions. Sincerely, Christine Barada Director cc: T.Mielke M.Richard B.Mager M.Farnell D.Mercier T.Crowley 2 I I 1 No. BEFORE THE(CITY)(TOWN)COUNCIL. OF • 1 IN THE MATTER OF ADOPTING THE ) SPOKANE COUNTY REGIONAL 10-YEAR ) PLAN TO END HOMELESSNESS(THE ) ROAD HOME)AND REGIONAL ) RESOLUTION HOMELESS PROGRAM ) ) ffa►, WHEREAS,pursuant to the provisions of Chapter'484,Laws of 2005 (ESSB 2163)11 eit after codified at RCW 43.185C,the Legislature passed the Homeless Housing and Assistance. b't'�"Act' Mae purpose of which is to recognize the fiscal and societal costs of homelessness for the put c ai it privatel ectors, with.a stated goal for state and local governments to end homelessness in Washi ktVh State. 1 WHEREAS,Spokane County adopted Resolution No.2005-1149 Decem E la 00 J1a'uthorizing execution of an Interlocal Cooperation Agreement between Spokane Count3.hd Nitity of Spokane tb develop a 10-year Homeless Housing Strategic Plan("Plan")an g'181114 mattk related thereto;said Plan having been developed and adopted January 19,2006 and subse 4eni1y evisec`and finalized February 24, 2009,hereinafter known as the Spokane County Regional�}Q par Wnot1nd Homelessness("The Road Home"); t4E� f ttr' a( l(l , WHEREAS,RCW 43.185C allows the Cities and Towns it in Apokane County to either assert responsibility for homeless housing within its tS`rdGrs,therebf heating its own homeless housing plan and program or adopt the Homeless Housing' k Face's Recommendations and the Spokane County Regional 10-Year Plan to End Homelessness(" Road(Hoine")as its own; ■ NOW,THEREFORE,BE IT HE t SOL by the(Name of City or Town)(Town)Council of (Name of 'f 2IB (N o City or Town)that it Al reb i ttt f�0 tit , ,1 Adopts the Spokane County ion Qt 0-Year Plan to End Homelessness("The Road Home")and regional county homeless pro { (O lMg into the county program). .,11111llit k 1��1,, OR Chooses to operate its ■o3��l i#lless program,including creating its own homeless housing plan and will meet state requir }ents. (O ting out of the county program). lltllll '�l; PASSE1L ID A iortw this day of ,2009. 'llli(lllillill .p Ili' CITY COUNCIL OF ,Washington Name ATTEST: Name Name Clerk 1I Spokane County Community Services,Housing,and Community Development Department Homeless Housing Act Recording Surcharge Total homeless housing act document recording surcharge collected for Spokane County regionally.(County Portion OnlyReal Estate House Bill 2163 1359 2331 Total Life to Date Program Revenue° 2,543,562.69 1,491,844.67 313,820.00 4,349,227.36 Life to Date Program Expenditure 1,796,887.06 590,000.00 2,386,887.06 Current 2009 Remaining Balance 746,675.63 901,844.67 313,820.00 1,962,340.30 Approved 2010 Expenditures 400,000.00 600,000.00 - 1,000,000.00 Total 346,675.63 301,844.67 313,820.00 962,340.30 Excise Tax Locality Percent Airway Heights 2.51% Cheney 1.36% Deer Park 0.87% Fairfield 0.00% Latah 0.00% Liberty Lake 3.83% Medical Lake 0.47% Millwood 0.00% Rockford 0.01% Spangle 0.02% Spokane 41.62% Spokane Valley 19.65% Waverly 0.00% County Unincorporatec 29.65% 100.00% Note: The percentage calculation for cities is based on the 2008 real estate excise tax collected. Administration of six percent is not included in the program amount listed above. Totals listed above are through November 2009. Board of County Commissioners approved.a one million dollar reserve for House Bill 2163 and 1359 individually. It is our goal to annually increase the remaining balance to eventually reach that reserve amount approved by the Board. Chris Bainbridge From: Richard Munson Sent: Monday, December 21, 2009 2:19 PM To: Dean Grafos; bgrassel @msn.com; Bob McCaslin (Bob McCaslin); 'edward @cet.com'; Bill Gothmann; Branch, Carolbelle; Cary Driskell; Chris Bainbridge; Dave Mercier; Dempsey, Rose; Diana Wilhite; Dick Denenny; Gary Schimmels; Ian Robertson; Mike Connelly; Mike Jackson; Passmore Sue; Richard Munson Cc: 'DPfrimmer @spokanecounty.org' Subject: FW: Attached letter from Spokane County to Mayor Richard Munson Attachments: Spokane Valley 2163 Mayor Letters.pdf This looks like a job for the incoming council. RICH Richard M. Munson Mayor Spokane Valley (509)688-0034 From: Pfrimmer, Debi [mailto:] Sent: Friday, December 18, 2009 1:29 PM To: Richard Munson Cc: Dave Mercier Subject: Attached letter from Spokane County to Mayor Richard Munson On Behalf of Christine Barada, Director, Spokane County Community Services, Housing, and Community Development Department: Dear Mayor Munson, Please see the attached letter and documentation regarding: Response and Resolution needed by January 31, 2010 on Homeless Housing and Assistance Act Regional Program(with attachments sample resolution and calculations on County surcharge collected for Spokane County regionally). The original documentation will be sent to you via USPS. If you have any questions please don't hesitate to call Christine Barada at 477-7561 or Tim Crowley at 477-4488. Thank you, Debi Pfrimmer Staff Assistant Community Services, Housing, and Community Development Department 312 W. 8th Avenue Spokane, WA 99204 (509)477-5723 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 12, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: CenterPlace Food Services Contract GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: CenterPlace Marketing Plan was approved in 2007. The first CenterPlace Food Services Contract was approved by the City Council in January 2008. BACKGROUND: CenterPlace moved forward with a contract for a non-exclusive in-house caterer for 2009. That was in accordance with the CenterPlace Marketing Plan approved by City Council in 2007. Staff issued a Request for Proposals on October 10, 2008 to provide Food Services at CenterPlace. Eight proposals were received. An interview short list was created after the proposals were evaluated and four finalists participated in an interview and taste testing process. As a result of the interview and taste testing process, staff identified Beacon Hill Events as the most qualified and experienced food service provider. At the end of 2009, both Beacon Hill and the City mutually agreed to not renew the contract for 2010. Staff feels that the concept of an in-house caterer at CenterPlace has merit, is of benefit to our customers and would like to give this opportunity another try for 2010. Therefore, we are recommending a new contract with Glover Mansion Events LLC, dba Red Rock Catering for 2010 as they were the second choice during the RFP process in December of 2008. Contract Highlights are the same as last year and they include: 1. One year non-exclusive contract with up to five one-year renewals 2. Commissions of 10% to 15% paid on food and beverages served 3 Third Party caterers allowed 4. Additional Marketing and Advertising 5. Provides for new food and beverage opportunities 6. Improved customer service and convenience OPTIONS: Advance proposed contract for motion consideration or Recommend changes to proposed contract. RECOMMENDED ACTION OR MOTION: Place contract on future Council Agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: None. Contract will provide additional revenue to City. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: Draft Contract and Exhibits AGREEMENT FOR CENTERPLACE FOOD SERVICES Glover Mansion Events LLC, dba Red Rock Catering THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Glover Mansion Events LLC, dba Red Rock Catering, hereinafter "Contractor,"sometimes jointly referred to as"parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Grant of Catering/Concessions Privilege. The City grants Contractor non-exclusive authority for the sale of food and beverages, including alcoholic beverages, within CenterPlace as set forth generally in the Request for Proposals, attached as Exhibit 1 and incorporated herein by reference, and more specifically as set forth immediately below. Events not using Contractor for food and/or beverage service shall be referred to as Third Party events and are limited to the following conditions,rules and regulations. If a term in the Request for Proposals is inconsistent with the terms of this agreement, the terms contained in this agreement shall control. A. Events booked prior to the date of this Agreement. Agreements entered into by CenterPlace prior to the date of this agreement allowed the customer to use any caterer on the approved vendor list for CenterPlace. Caterers chosen by these customers will be allowed to provide food and beverage service. B. Events booked after the date of this Agreement. Events booked after the date of this agreement in which the customer wishes to use a Third Party caterer who complies with the CenterPlace policies in effect for third party caterers at the time. C. Special Events. For up to five Special Events in CenterPlace during each calendar year, subject to the discretion of the Director, the City reserves the right to permit an event presenter or its designee to sell and/or give away food and beverages in connection with the Special Event presented. D. Third Party Events. For all Third Party catered Events, an event presenter or its designee may be allowed to provide food and beverages. An Event presenter will not be allowed to use Contractor's equipment. Further, Contractor will not receive any revenue or commission for the City or an event presenter who is given the right to sell and/or give away food and beverages in CenterPlace, nor will Contractor pay any commissions to the City for sales made by an event presenter or its designee. E. Administration. The Parks and Recreation Director (Director) or designee shall administer and be the primary contact for Contractor. F. Representations. The City has relied upon the qualifications of the Contractor in entering into this agreement. By execution of this agreement, Contractor represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws,rules and regulations which reasonably relate to the services contracted for. No substitutions of agreed upon personnel shall be made without the written consent of the City. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly Agreement for CenterPlace Food Services—Red Rock Catering-Page 1 of 6 attributable to deficiencies in City furnished information. G. Modifications. The City may modify this agreement whenever necessary or advisable. The Contractor will accept modifications when ordered in writing by the Director or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. 2. Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2010. There are up to five additional one year renewal options,which may be exercised at the sole discretion of the City by the Director of Parks and Recreation. The City shall notify the Contractor by November 1 of each year whether the following option year will be exercised. Either party may terminate this agreement by thirty days written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. Contractor shall fulfill all contracts with third parties booked at CenterPlace prior to termination as called for in this paragraph. 3. Event Pricing/Compensation. A. Event Pricing. Event pricing by the Contractor shall be as set forth in the Event Pricing,which is attached as Exhibit 2 and incorporated herein by reference. B. Compensation. Payment by the Contractor shall be as set forth in the Compensation Terms, which is attached as Exhibit 3 and incorporated herein by reference. 4. Facilities access and use. Access and use to the facilities shall be as set forth in Exhibit 4, which is attached and incorporated herein by reference. 5. Payment. The City shall be paid as set forth in Exhibit 3. 6. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Glover Mansion Events LLC, dba Red Rock Catering Phone Number: (509)921-1000 Phone Number: 509-459-0000 Address: 11707 East Sprague Ave, Suite 106 Address: 321 West 8th Spokane Valley,WA 99206 Spokane,WA 99204 7. Applicable Laws and Standards. The parties,in the performance of this agreement,agree to comply with all applicable Federal, State,local laws, ordinances, and regulations. 8. Relationship of the Parties. It is understood,agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Contractor. Any and all employees who provide Agreement for CenterPlace Food Services—Red Rock Catering-Page 2 of 6 services to the City under this agreement shall be deemed employees solely of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by the Contractor under this agreement are and shall be the property of the City,and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 11. Insurance. The Contractor shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,its agents,representatives, or employees. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. Agreement for CenterPlace Food Services—Red Rock Catering-Page 3 of 6 C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. Cancellation of Contractor's insurance shall be governed by either: a.the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested,has been given to the City, or b. the Contractor shall provide at least 30 days prior written notice by certified mail,return receipt requested of a cancellation. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract,the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self- insurance. 12. Indemnification and Hold Harmless. The Contractor shall defend,indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers,officials,employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 13. Waiver. No officer,employee,agent or other individual acting on behalf of either party has the power,right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law,shall be taken and construed as cumulative,and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this agreement Agreement for CenterPlace Food Services—Red Rock Catering-Page 4 of 6 or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof. 14. Assignment and Delegation. Neither party shall assign,transfer or delegate any or all of the responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 15. Subcontracts. Except as otherwise provided herein, the Contractor shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 16. Confidentiality. Contractor may,from time to time,receive information which is deemed by the City to be confidential. Contractor shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 17. Jurisdiction and Venue. This agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 18. Cost and Attorney'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 in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Contractor's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 19. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 20. Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 21. Business Registration. Prior to commencement of work under this agreement,Contractor shall register with the City as a business. 22. Severability. If any section,sentence,clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Request for Proposals to Provide Food Services for CenterPlace,with Addendums 1 and 2; 2. Event Pricing; 3. Compensation Terms; 4. Facilities Access and Use; 5. Insurance certificates. IN WITNESS WHEREOF,the parties have executed this agreement this day of Agreement for CenterPlace Food Services—Red Rock Catering-Page 5 of 6 , 2010. CITY OF SPOKANE VALLEY: Contractor: , City Manager Owner Tax ID No. ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney Agreement for CenterPlace Food Services—Red Rock Catering-Page 6 of 6 Exhibit 1 pore Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 Parks and Recreation 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org October 17, 2008 ATTENTION: All Proposal Holders ADDENDUM NO. 1 RFP No. 08-01 Request for Proposal to Provide Food Services for CenterPlace City of Spokane Valley Parks and Recreation Department The following corrections/clarifications are hereby made a part of the Request for Proposal Document. All proposal submitters are required to base their submittal upon the information furnished in this addendum; and acknowledge receipt of this addendum as required in the Request for Proposal. GENERAL CLARIFICATION OF SUBMITTAL PACKAGE: A completed submittal packet should contain the following: -All items listed in Section 3.1 Proposer Capability — A through J -Appendix A — Commission Proposal signed -Copy of the RFP -Copy of any Addendums Four copies of the completed submittal packet are to be submitted as described on page 6 under Section 3.4 Submittal Format. Addendum #1 1 City of Spokane Valley Parks and Recreation Department CenterPlace Food Service RFP Exhibit 1 THE FOLLOWING SECTIONS OF THE REQUEST FOR PROPOSAL FOR THIS PROJECT ARE AMENDED AS FOLLOWS: SECTION 1.3.3 MINIMUM MANDATORY REQUIREMENTS Item #4 — Replace existing wording with the following: Firm must hold a Washington State Business License. Firm must also meet one of the following two criteria: Firm must hold a Spirits license or the ability to obtain one within 6 months of the award of the contract OR Firm must be able to obtain liability insurance with a liquor liability endorsement. SECTION 3.2 PROPOSED COMMISSIONS Second Paragraph — Change first sentence to read: Please include an annual pro-forma for each year of the six year contract. END OF ADDENDUM NO. 1 Addendum #1 2 City of Spokane Valley Parks and Recreation Department CenterPlace Food Service RFP Exhibit 1 Request for Proposal to Provide Food Services for CenterPlace City of Spokane Valley, Washington Parks and Recreation Department 2426 N. Discovery Place Spokane Valley, WA 99216 The City of Spokane Valley is requesting Proposals for Food Services for CenterPlace operated by the City of Spokane Valley. The Vendor will supply food services necessary to complete all catering requirements described in section 2.0 of this proposal. This work is currently not under any contract. Interested and qualified caterers who have successfully demonstrated their ability to provide similar services at comparable facilities are invited to submit proposals. All questions and comments will be reviewed and changes/addendums will be posted on the City website. Hard copies will be mailed upon request. 1.1 Objective: The objective of this Request for Proposals (RFP) process is to solicit sealed proposals to establish a contract(s), through competitive negotiations, to provide food services for CenterPlace. 1.2 General Information: The City of Spokane Valley has a population of 88,280 residents and covers a geographic area of over 35 square miles. The City of Spokane Valley incorporated in March 2003. CenterPlace is owned by the City of Spokane Valley and operated by the Parks and Recreation Department. It is a 54,000 sq. ft. regional event, senior and community facility. There are over 30 rooms in the facility including (but not limited to) the kitchen, Great Room, Fireside Lounge and other smaller meeting rooms. Typical facility operating hours are 7:00AM — 10:00PM Monday-Thursday and 7:OOAM-12:OOAM Friday, Saturday & Sunday. Hours subject to change. 1.3 Selection Process: The selection process will be comprised of the following components: 1. Establish Compliance 2. Review Proposals 3. Interview Finalists 4. Final Selection 1 Exhibit 1 The City of Spokane Valley will select a firm based on a combination of objective and subjective criteria including but not limited to qualifications, experience, menu selection, and commission paid to the City. 1.3.1 Step 1. Qualification of Proposals: Food Services Proposals will be reviewed by a committee of 3 (three) or more staff members of the City. Food Services Proposals not meeting the Minimum Mandatory Requirements (Section 1.3.3) will be deemed non-compliant by the committee will be eliminated from further consideration. 1.3.2 Step 2. Evaluation: The selection committee will evaluate the proposals based on written submissions and interviews. Criteria will include all aspects of the proposals. The City of Spokane Valley reserves the right to rank all proposals, along with reference checks, inspection of representative work and other information as may be determined and select "finalists" in a manner deemed in the best interest of the City. This includes but is not limited to a combination of experience, qualifications, quality of submittals, menus with pricing strategies and proposed commissions. The City will have sole discretion in judging the most qualified firm and awarding the contract. The City reserves the right to issue addendums to this Request for Proposals at any time. The City reserves the right to accept or reject any and all submittals and to withdraw or revise the selection process at any time. The decision by the City shall be final, and there is no further recourse or appeal. 1.3.3 Minimum Mandatory Requirements: 1. Firms submitting must have a minimum of 3 years of service/experience in the food services industry similar in nature and scope to those described in this RFP. Representative work should include experience or capabilities in all aspects of food services. 2. Firm must demonstrate knowledge and compliance of federal, state and local laws and regulations. 3. Successful firm will be required to obtain a City of Spokane Valley business license. 4. Firm must hold a Washington State Master Business License with a Spirits license or have the ability to obtain it within 6 months of award of contract. 5. Submission of a complete proposal as outlined in this request. RFP does not obligate the City to accept or contract for any expressed or implied services. 1.3.4 Vendor's Cost to Develop Proposals: RFP does not obligate the City to pay any costs incurred by respondents in the preparation and submission of a proposal. Exhibit 1 2.0 CONTRACT EXPECTATIONS: The expectation of the City of Spokane Valley CenterPlace Contract is to provide food services for local and regional groups which utilize the facility. The vendor will need to provide examples of menus with various pricing strategies to meet the needs of CenterPlace guests. Acceptable standards will produce a high level of customer service and quality food. The vendor will be required to inspect and monitor their own product. The vendor is expected to guarantee that all requirements as will be agreed upon and set forth in the final contract are met. A representative of the vendor shall communicate or be available for communication on a daily basis on weekdays and be able to be reached on weekends. Expectations include full compliance with all applicable state and local laws and licensing requirements. 2.1 Catering: The successful bidder will have the opportunity to provide non-exclusive catering services to events held at CenterPlace. The City's intent is to award this Food Services contract to one preferred vendor, however, groups would still have the ability to provide their own food or choose a caterer from our preferred list. Subcontracting is not allowed except where specifically approved by the City in writing. Catered events will range from continental breakfasts to served dinners, for both formal and informal settings. In 2007, 228 catered banquet events were served at CenterPlace. There were 405 meetings which also occurred at our facility which may or may not have had catered food. 2.1.1 Dining Facilities: Seating Capacity Great Room 350 Small Dining Room 50-100 (rented separately or with Great Room) Fireside Lounge 150 Meeting Room 106 15 Meeting Room 108 45 Meeting Room 109 100 Meeting Room 110 45 Meeting Room 111 45 Auditorium 105 (finger foods only; plated meals not allowed) Executive Conference Room 50 2.1.2 Commercial Kitchen: The caterer would have full access to the Commercial Kitchen. Caterer would be responsible for ensuring cleanliness of the kitchen after each event. Exhibit 1 2.2 Vendor Responsible for all Support Facilities: The City of Spokane Valley will not provide large equipment storage, work space or office space as part of this contract. The vendor will be responsible for providing all support facilities at their own location. Vendor will also be responsible for maintaining the cleanliness of the kitchen facilities which will include tableware, equipment, prep surfaces and floors. 2.3 Contract Term: This work will be awarded by contract to one preferred vendor. The contract term shall be for a period of one (1) year with five (5) one- year renewal options which may be exercised by the Parks and Recreation Director at his/her sole option. Either party may terminate the contract with a minimum of 30 days notice. The contract shall commence on or about January 1, 2009. The contract manager for the City of Spokane Valley shall be the Parks and Recreation Director or their designee. 2.4 Equal Opportunity Requirements: The City is an equal opportunity employer and requires all vendors to comply with federal and state policies and regulations concerning equal opportunity. 2.5 Business Registration: The Vendor awarded the contract must be registered to do business with the State of Washington and with the City of Spokane Valley. 2.6 Customer Service: There is a high degree of customer service involved in this contract. Vendors will communicate with CenterPlace staff and customers which rent space at CenterPlace for their events. Communication on a weekly basis to the CenterPlace Customer Relations/Facility Coordinator will be required. The vendor will be expected to perform duties such as catering and cleaning up during and after use of the facility. The contractor shall communicate all problems, customer service issues, questions, etc. on a daily basis with the CenterPlace Customer Relations/Facility Coordinator. Following groups or special events, the vendor is required to inspect the work areas and notify the Coordinator of any damage, excessive cleaning required, etc. 2.7 Lost and Found: All lost and found items shall be turned in immediately to CenterPlace staff. No lost and found items are to be removed from public property. The City will be responsible for receiving calls and returning items to the public. Items not claimed will be auctioned or otherwise disposed of in a fair and appropriate manner. In no case will the items be returned to the finder unless warranted by law. 4 Exhibit 1 2.8 Caterer Schedule: The expectations are that the vendor would be available to provide services at the facility seven days a week if required. Vendor is expected to work around public use and be courteous and respectful to all clientele of CenterPlace at all times. 2.9 Service Levels Subject to Change: A reasonable attempt has been made to provide an overview of anticipated work in this Request for Proposal. It should be understood by Proposers that the City of Spokane Valley CenterPlace usage is not static and facility use will fluctuate. Proposers should anticipate varying use. 3.0 SUBMITTAL INFORMATION: All submittals become the property of the City of Spokane Valley. All submittals become a matter of public record with the exception of those parts of each proposal which are defined by the contractor as business or trade secrets, and plainly marked as Trade Secret, Confidential, or Proprietary. Proposal should address each of the following: 3.1 Proposer Capability: A. Cover letter, including overview of the organization including number of years in food services business (minimum of 3 years of relevant food service experience) signed by a representative authorized to make contractual obligations. B. Description of the facilities operated, annual sales for a period of at least three (3) years. C. Sample menus with pricing. D. Proof of Spokane Regional Health District Catering Permit and copies of facility inspection reports issued by health department for 3 years. D. Provide financial statement showing your ability to provide the financing necessary to cater events at CenterPlace. E. Personnel: Hiring processes, background checks on employees, employee supervision, and overview of employee standards, including dress standards and training. F. Communication/feedback processes with owner, include frequency and method of day to day communication with owner. Communication can be through a variety of methods but must include some level of routine face to face communication between City and contractor. 5 Exhibit 1 G. Experience and methods for addressing customer complaints. H. Copy of State of Washington Master Business License with spirits license or letter stating willingness to obtain within 6 months of award of contract. I. Statement of ability to meet insurance and bonding requirements: o Worker's Compensation Insurance coverage. o General Liability Insurance coverage in the amount of $1 million per occurrence and $2 million in aggregate and proof of worker compensation insurance in compliance with Washington State Law. J. Discuss the challenges, problems, risks, concerns that you might foresee if awarded this contract. 3.2 Proposed Commissions: Bidders must submit their proposed commission rate as a percentage of sales for food and alcohol for the rooms listed below. The commission proposed will be submitted on Appendix A: Great Room/Small Dining Fireside Lounge Conference Rooms Food % % % Alcohol % % % Please include an annual pro-forma for each year of the five year contract. The pro-forma should include all projected income and expenses by category and percent of sales as well as the projected commission to the City and your profit. Be realistic in projecting your income and expenses. Commission is to be calculated based on gross sales (receipts less sales tax). 3.3 Subject To Verification: All information submitted is subject to verification by the City of Spokane Valley. 3.4 Submittal Format: Four (4) copies of the signed proposal shall be included. All addendums issued by the City for this Request for Proposal shall also be included. Proposals shall be submitted in a sealed envelope addressed to City of Spokane Valley, attn: Michael D. Stone, Director of Parks and Recreation, CenterPlace, 2426 N. Discovery Place, Spokane Valley, WA 99216. All sealed envelopes shall also be clearly marked "CenterPlace Food Services Proposal." 3.5 Submittal Due Date: Proposals are due on or before 5 PM, Friday, October 31, 2008. Proposals submitted by facsimile or by other telecommunication or electronic means will not be accepted. No exceptions will be made for proposals 6 Exhibit 1 submitted after the due date/time. Proposals may be withdrawn anytime prior to the end of due date/time. 3.6 Proposer Responsibilities: The successful Proposer shall be responsible for all services and required documents identified in this Request for Proposals. The Proposer is responsible for making all necessary investigations and examinations of documents, operations, and premises affecting performance of the proposed Food Service Contract. Failure to do so will not act to relieve any conditions or specifications outlined in the RFP. It is mutually agreed that the submission of a proposal shall be considered conclusive evidence that the Proposer has made such investigations and examinations. 4.0 MANDATORY PRE-PROPOSAL CONFERENCE: All prospective Proposers must attend a mandatory pre-proposal conference. The conference will be held at 10:00 AM, Friday, October 17, 2008, at CenterPlace, 2426 N. Discovery Place Spokane Valley, WA 99216. The conference will include on-site inspection of facilities conducted by Carol Carter our Community Relations/Facilities Coordinator. Please R.S.V.P. to (509)688-0182. 4.1 Questions: The City of Spokane Valley acknowledges that this Request for Proposal is comprehensive. Questions regarding the Request for Proposal will be accepted verbally or in writing. Questions will be noted and the answers will be distributed to all Proposers in possession of the Request for Proposal. Questions or Requests for Information should be directed to Michael D. Stone, Director of Parks and Recreation, City of Spokane Valley Parks and Recreation Department at the address listed on page 1 of this document or at 509-688-0182. 4.2 Right to Award: The City of Spokane Valley reserves the right to award this work in the manner deemed in the best interest of the City. The City shall be the sole judge in determining the successful Proposer(s). The City reserves the right to accept or reject any and all submittals and to withdraw or revise the Request for Proposal process at any time. The decision by the City shall be final, and there is no further recourse or appeal. 4.3 Severability: If any section, sentence, clause or phrase of this RFP shall be held to be invalid, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this RFP. 7 Exhibit 1 APPENDIX A FOOD SERVICES - CENTERPLACE SPOKANE VALLEY COMMISSION PROPOSAL SUBMIT THIS ENTIRE DOCUMENT, COMPLETELY FILLED OUT AND SIGNED, IN ENVELOPE MARKED "COST PROPOSAL FOR FOOD SERVICES". The Proposer certifies that they have visited CenterPlace included in this proposal and that they are familiar with catering. All conditions and terms of the Request for Proposal, apply to this Commission Proposal. The Proposer certifies receipt of all addendums issued for this project including No , , , , The Proposer agrees to perform all work as per the specifications and Addendums. The Proposer understands that the City of Spokane Valley intends to enforce the specifications as presented. Any and all changes/clarifications deemed necessary by the City of Spokane Valley will be made in writing by the City and signed by both parties. Cost Proposals are for a 12 month contract. In submitting a Commission Proposal, Proposer acknowledges they are aware of all requirements outlined in the Request for Proposal. Note all exceptions. Cite paragraph and attach explanation. 8 Exhibit 1 PROPOSED COMMISSIONS: Great Room/Small Dining Fireside Lounge Conference Rooms Food Alcohol In witness hereto the undersigned has set his (her) hand this day of , 2008 Name of Firm Signature of Proposer 9 Exhibit 1 pore Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 Parks and Recreation 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org October 22, 2008 ATTENTION: All Proposal Holders ADDENDUM NO. 2 RFP No. 08-01 Request for Proposal to Provide Food Services for CenterPlace City of Spokane Valley Parks and Recreation Department The following corrections/clarifications are hereby made a part of the Request for Proposal Document. All proposal submitters are required to base their submittal upon the information furnished in this addendum; and acknowledge receipt of this addendum as required in the Request for Proposal. GENERAL CLARIFICATION OF SUBMITTAL PACKAGE: An issue has arisen regarding the mandatory pre-proposal conference in reference to a potential respondent being unable to attend due to a traffic accident on his way to the pre-proposal conference. The City of Spokane Valley Legal staff has issued an opinion that the City cannot require potential respondents to attend a mandatory pre-proposal conference meeting. Therefore all prospective Proposers are eligible to submit a proposal. Minutes of the pre-conference meeting and a meeting handout are available on the City's website. END OF ADDENDUM NO. 2 Addendum #2 City of Spokane Valley Parks and Recreation Department CenterPlace Food Service RFP EXHIBIT 2 —EVENT PRICING At the beginning of each contract year Red Rock Catering shall submit to the City, for approval by the Director, the menus and prices which will be utilized by Red Rock Catering for that year. This submittal is not intended to be a complete list of the menu and beverage items which will be served by Red Rock Catering. The parties agree that Red Rock Catering may create additional menu items to be added from time to time by Red Rock Catering in response to customer demand. Red Rock shall exercise its best efforts to maintain a pricing practice consistent with the pricing set forth at the commencement of the agreement. Red Rock Catering shall maintain records supporting the prices charged for new menu and beverage items. The Director reserves the exclusive right to review and approve the cost of providing services under this agreement, which specifically includes the prices charged for food, beverages, concessions and catering. Red Rock Catering, pursuant to its reasonable business judgment and in consideration of prevailing market conditions in similar facilities located in the Spokane region, may request that the Director approve food, beverage, concession and catering price changes with such approval by the Director subject to his reasonable discretion. To support a requested price change, Red Rock Catering shall provide the Director with a written request, identifying the current and proposed prices, a survey of the prices charged in similar types of facilities within comparable markets, and such other information deemed relevant by the Director. Unless agreed otherwise, price changes shall be effective thirty (30) days following approval by the Director. Exhibit 2—Page 1 of 1 EXHIBIT 3 —COMPENSATION TERMS Red Rock Catering agrees to pay the City as a commission the percentage of monthly Adjusted Gross Receipts. Food at 15% for the Great Room, Small Dining Room, Fireside Lounge and 10% for all conference rooms. Alcohol at 15% for the Great Room, Small Dining Room, Fireside Lounge and all conference rooms. Both parties have the right to annually review and confirm commissions for the remaining years of the Agreement. Subject to the approval of the Director, in the event Red Rock Catering provides catering services other than for CenterPlace and utilizes the Premises or any equipment therein, Red Rock Catering shall pay to the City five percent (5%) of Adjusted Gross Receipts. 7.2 Date. The percentage of each month's Adjusted Gross Receipts shall be computed and payment of the appropriate percentage sum shall be made by the 10th day of each month based upon the preceding month's Adjusted Gross Receipts. Payment shall be made to the City by delivery of a check to the Director. 7.3 Accounting Records. Red Rock Catering shall maintain accounting records in accordance with generally accepted accounting principles and shall report gross revenues and Adjusted Gross Receipts to the City. Reporting of Red Rock Catering business activity in CenterPlace shall be monthly and shall separately set forth each activity. 7.4 Adjusted Gross Receipts. Adjusted Gross Receipts for purposes of establishing the base amount upon which the City is paid a fee is the total gross revenue received by Red Rock Catering pursuant to this Agreement, excluding any applicable sales tax paid; standard hospitality service charges and any service charges or premiums charged in connection with the use of credit or debit cards. Red Rock Catering shall, within ninety (90) days of the close of each calendar year, submit to the City annual statements of Adjusted Gross Receipts and the rents payable thereon, which statement shall be accompanied by an opinion of a certified or licensed public accountant. Exhibit 3 —Page 1 of 1 EXHIBIT 4—FACILITY ACCESS AND USE A. Red Rock Catering is given non-exclusive permission to use and enter designated areas of CenterPlace for the operation of catering and concession services as defined in this agreement. The City shall permit Red Rock Catering to occupy the food service area for the purposes set forth in this agreement. The food service area shall mean those areas in CenterPlace which are designated or otherwise authorized by the Director to be used for the operation of food services, which include, but are not limited to, the kitchen, banquet areas, classrooms, Fireside Lounge or other small meeting rooms where food and beverages may be consumed. B. The City shall have the right to make inspections of the food service area to ensure compliance with this agreement. Further, the City reserves the right of ingress and egress through the food service area for the purpose of operating, maintaining and inspecting CenterPlace. Red Rock Catering shall return the facilities to a clean and sanitary condition at the end of each event. C. In the event of third party damage or vandalism not the result of the negligence of Red Rock Catering, the City will bear the cost of repair to CenterPlace and equipment, and Red Rock Catering will bear its costs of repair to its facilities and equipment including fixtures and furnishing installed by Red Rock Catering pursuant to this agreement. D. Within ninety (90) days from the date this agreement is in effect, Red Rock Catering shall provide to the City an inventory of all furnishings, fixtures, or other items of personal property used by Red Rock Catering in providing food services which are provided by the City. This report shall further identify where the equipment, furnishing, or other items are located, any damaged or defective items, as well as any damages or defects noted in areas occupied and used by Red Rock Catering. Equipment, furnishings, or fixtures, or other items in areas used thereafter by Red Rock Catering and not identified in the above report shall be conclusively presumed to have been damaged by Red Rock Catering, and Red Rock Catering shall promptly report and replace or repair said damaged item or area at its sole expense. Red Rock Catering and the City are responsible for the maintenance of their own equipment. E. CenterPlace staff will set up, arrange and cover with tablecloth the tables and chairs for banquet food services. The tables, chairs and related food service equipment or materials shall be clean, in good working order and quality. Should Red Rock Catering be required to provide persons to assist in setting up, taking down, dishes, etc. the City agrees to pay the reasonable cost for such persons as mutually agreed. F. Red Rock Catering shall, as may be requested by the City, open concession stands during events, provided CenterPlace shall not be requested to open a concession stand more than two (2)hours in advance of any event. Exhibit 4—Page 1 of 2 G. Red Rock Catering shall provide an outside phone line and maintain it throughout the duration of this agreement for CenterPlace catering inquires. H. Red Rock Catering shall provide uniforms to be approved by the Director and shall require its employees to wear such uniforms at all events at CenterPlace. L Red Rock Catering shall respond to any CenterPlace caterer or event referral within 24 hours or the next business day. J. The City shall have access on a quarterly basis to review any customer satisfaction surveys conducted by Red Rock Catering. K. Red Rock Catering shall maintain outstanding customer service while on the Premises with staff, customers and third party caterers. L. Red Rock Catering shall have access and use of Room 133 for their office and dry storage needs as well as use of one refrigerator and freezer. M. Red Rock Catering and the City shall develop a communication and meeting schedule that is mutually agreeable. N. Keys for access to CenterPlace will be issued to Red Rock Catering by the Director as necessary to allow for efficient event preparation. Exhibit 4—Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 12, 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: Amendment to 2010 Fee Resolution GOVERNING LEGISLATION: The current fee resolution is 09-015 which was passed October 20, 2009, and became effective January 1, 2010. PREVIOUS COUNCIL ACTION TAKEN: Each year the City Council passes a resolution to adjust fees so that most city costs can be recovered for services provide to others. Staff also recommends the deletion and addition of fees when conditions warrant the change. BACKGROUND: Fees for 2010 were approved by the City Council on October 20, 2009. Following the approval of fees it was noticed that there was one incorrect fee within the Parks and Recreation Department section. Amending the fee resolution is necessary since reservations are currently being taken for 2010. 1. Under Picnic Shelters — the rate listed of "$84 for five hours" should be changed to "$50". Staff did not recommend an increase for 2010. OPTIONS: Proceed with amending the 2010 fee resolution as suggested by staff OR Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Place the 2010 fee resolution amendment on the January 19, 2010 council agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: These changes will have no net affect on City revenues for 2010. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 12, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Recommended changes to the Planning Commission Rules of Procedure as follows: The Planning Commission recommends making the following changes to its Rules of Procedure: • Changing reference of Ordinance No. 35 to the Spokane Valley Municipal Code 18.10 • Minor changes for clarification, removal of duplicate language, • Moved section 14 (formerly 15) B from Conflict of Interest to section 7 Voting, where it is more appropriate. • Modified the order of business to match what is current on the agenda being presented • Deleted section 13, on the recommendation of the City Council. Council has stated in the past the desire to maintain the sole right to create temporary committees. Renumbered the rest of the sections. • Changed the review time from every other year to odd numbered years. GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10 BACKGROUND: The Rules of Procedure were updated last in June of 2006. The Procedures currently state that they should be reviewed every other year. This was not done at that time and they need to be amended to current code references, along with clarification of language, one section has been deleted based on previous Council direction, one subsection has been moved to a more appropriate section. The Planning Commission recommends approval of the proposed changes as modified during their 12-10-09 Planning Commission meeting. RECOMMENDED ACTION OR MOTION: None, this is an information only item. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Kathy McClung, Director ATTACHMENTS: (1) Amended Text DRAFT City of Spokane Valley Planning Commission RULES OF PROCEDURE Updated 06-22-2006 Updated 12-10-2009 We, the members of the Planning Commission of the City of Spokane Valley, State of IWashington, pursuant to the City of Spokane Valley Ordinance No. 35Municipal Code (SVMC) 18.10, do hereby adopt and publish the following Rules of Procedure ORGANIZATION AND RULES OF PROCEDURE 1. Name A. The "City of Spokane Valley Planning Commission," hereinafter referred to, as the "Commission" is an advisory body created by the City Council for purposes consistent with Ordinance No. 35SVMC 18.10. 2. Location A. The Commission offices shall be the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with Ordinance No 35SVMC 18.10. A. Officers of the Commission shall be elected from its membership; the officers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by majority vote. B. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. C. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Department of Community Development or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings are prepared and filed in the public record. Planning Commission Rules of Procedure Page 1 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc DRAFT C. The Secretary will conduct and record a roll call of the Commission members at each meeting and public hearing and shall note for the record attendance at study session 5. Election of Officers A. Officers shall be elected at the first regular meeting in the 12th calendar month of each year, by majority vote of the membership of the Commission. _Terms of office shall run from January 1 until December 31 or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No member shall serve as vice-chair for more than two full consecutive terms. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission is eligible to fill the vacancy. However, no member can hold two office positions. 6. Quorum A. A quorum shall consist of four members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for public hearings and study sessions. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters, which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in . attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled_ on the 2nd and 4th Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. Planning Commission Rules of Procedure Page 2 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc DRAFT 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will be typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice-Chair. Notice of cancellation shall be given personally to Commission Members and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: (a) Call to order by Chair. (b) Pledge of Allegiance. (c) Roll call by recording secretary. (d) Approval of Agenda. (e) Approval or amendment of minutes. (f) Public Comment -{#g) Commission Members Report {gh) Administrative Report. (iii) Commission Business. a. Old Business b. New Business (i) Public Comment (j) For the Good of the Order. (k) Adjournment. B. Planning Commission meetings shall be held in accordance with the requirements of the Open Meetings Act, RCW Chapter 42.30. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or, in the Chair's absence, by the Vice-Chair. 2. By the written request of three or more members of the Commission. 3. By agreed motion of the Commission. 9. CONDUCT OF HEARINGS A. Actions for a Planning Commission Public Hearing. 1. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak Planning Commission Rules of Procedure Page 3 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc DRAFT as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. However, the Chair shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. Demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation are prohibited. It is distracting to the Commission and persons testifying. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Commission members should now give consideration as to whether they have: (1) A demonstrated bias or prejudice for or against any party to the proceedings; (2) A direct or indirect financial interest in the outcome of the proceeding; (3) A prejudgment of the issue prior to hearing the facts on the record, or (4) Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Please refer to Section 16(B) for more specific information on how to proceed where there has been an ex parte communication. Planning Commission Rules of Procedure Page 4 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc DRAFT If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING The Chair announces the matter and opens the public hearing stating the date and time. The Chair allows staff to describe the matter under consideration and place matters in the public record. The Chair inquires as to whether Commissioners have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. At the conclusion of the public testimony, the Chair asks staff if there is_ any additional information, testimony or evidence to submit for the record. The Chair either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. The Chair inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion._ Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion occurs among Commission members. The Chair inquires if there is any further discussion by the Commission members. The Chair inquires if there are any final comments or recommendations from staff. The Chair inquires of the Commission members if they are ready for the question. The Secretary records a roll call vote. The Chair may direct staff to prepare findings for approval. D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Department of Community Development in advance of a hearing. Planning Commission Rules of Procedure Page 5 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc DRAFT 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be sent to each member up to seven (7) days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. 11. Minutes and Communications with the City Council. A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval shall become part of the official record of action of the Commission. Minutes shall also be transmitted as correspondence to the City Council for general information. B The assigned City Council Liaison may attend meetings for the purposes of communications with the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL". 12. Recording of Meetings Proceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. Proceedings of study sessions or workshops may be recorded at the discretion of the Planning Commission Chair. 13. Temporary Committees The Chair shall have authority to create temporary committees of one or more members duties as examination, investigation and inquiry into one or more subjects of interest to the Commission. No temporary committee shall have the power to bind the Commission to the endorsement of any plan or program. The Chair may appoint citizens to 13 Code of Conduct A. Prohibited Acts. Members of the Commission are prohibited from: Planning Commission Rules of Procedure Page 6 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc DRAFT 1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12-month period without such absence being excused by the Commission. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly giving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Spokane Valley, for a matter connected with or related to the services as a member of the Commission, unless otherwise provided by law. 6. Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of membership on the Commission. 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. I 14 Conflict of Interest A. Any Commission member having a direct or indirect interest in, or who would benefit from any matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or required by law, refrain from participating or voting on the matter. B. No member may participate or vote on a matter unless the member has been in taped recording of the public h wring and reviewed the written record of the matter in question. 15 . Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 42.36. B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Commission member: (1) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be Planning Commission Rules of Procedure Page 7 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc DRAFT made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) I 16 Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and every otherthe odd yearnumbered years thereafter. Any amendments identified by the Planning Commission shall be forwarded to the City Council for review and ratification. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. BY: Secretary of the Commission Date: Planning Commission Rules of Procedure Page 8 of 8� P:\Clerk\AgendaPackets for Web\agendapacket 01-12-10\9 PROPOSED DRAFT PC Rules of Procedure - 11-30-09.doc SIoiie .o.0 Valleyx 2010 Legislative Agenda Adopted by Council October 13,2009 The following is the initial legislative agenda adopted by Council: Eight Principle Items of Interest: 1.) Street utility enabling legislation: Council has seen several presentations regarding Spokane City Councilman Al French's proposed street utility legislation and has previously shown support of the legislation. The proposal enables legislation to allow local control and determination by city councils and local electorates to decide if it is a tool they want to use in their community to attend to street maintenance functions. 2.) Increased state finding for the 911 system: Rates applied to telephone and other bills that generate revenue for the 911 systems are set by state legislature and have not been revised for a long time. Many 911 centers are advising their constituents that they are not able to hold a budget below the current revenues and have expressed a need for state relief. 3.) Seek $300,000 for the acquisition of park and adjacent to the Park Road pool and Centennial Middle School. Spokane Valley has a population of 89,440 people but only 172 acres of public parks—drastically below the 6.25 - 10.5 acres/1,000population (559 – 938 acres) specified in the Parks Master Plan. Spokane Valley has successfully partnered with the State Legislature in the acquisition and development of Greenacres Park, adjacent to Central Valley School District's future elementary school. We want to ask the Capital Budget Committee for support in replicating our success in co-locating public assets in under-served and economically distressed neighborhoods. 4.) Law Enforcement District enabling legislation: Law enforcement needs and resources vary in jurisdictions across the state like those for fire prevention and suppression. More tools are needed to best consolidate, deploy and pay for law enforcement services. Use of fire districts has proven to be a viable system for the provision of essential public services and many jurisdictions may derive benefit from providing law enforcement services under a similar system. 5) Securing state funding for statewide communications interoperability infrastructure: Locally the citizens have approved a sales tax increase that includes 1/10t of 1% for communication equipment; however, the revenue is insufficient to fund all five items within that initiative. Interoperability is a statewide concern and according to the Association of Washington Cities,there is a$400 million problem to be resolved. 6) Reasonable legislation related to the "cap and trade" provisions of climate control regulations under consideration: Council has heard repeated reports on the climate control and change regulations being discussed in Olympia as well as Washington D.C., using the term "cap and trade" in reference to efforts to reduce our carbon footprint. We want to be aware of the options under consideration for regulatory for enactment. 7) Access to enhanced state fuel purchasing power. We have a desire to determine if there is a way to access enhanced state fuel purchasing power related to the large amount of fuel purchased by state, county and city organizations to operate government vehicles. Exploration of methods that aggregate governmental purchasing power that may drive down the cost of the fuel purchases is warranted. 8.) Provide support for the Association of Washington Cities' legislative agenda items that serve the best interests of the City of Spokane Valley. Spokane Valley 2010 Legislative Agenda Page 1 of 1 D e c e m b e r 2 0 0 9 AWC Board adopts 2010 0/1M, . . ASSOCIATION legislative priorities OF WASHINGTON CiiIE5 The governor and Legislature needed to close over a $9 billion deficit during the 2009 session. The state now faces a new shortfall estimated at $2.6 billion that must be closed in the 2010 supplemental budget.The last time the state faced such a daunting gap was 25 years ago. With that backdrop,the AWC Board of Directors adopted your 2010 legislative agenda last week.It's an ambitious list.Success is going to be difficult.But we're already working the issues and what will make a huge difference is your direct help.Your contacts from home create the biggest,most significant impacts with legislators. AWC's top priorities AWC remains open to alternative legislation that provides equivalent funding.Please see more information regarding City flexibility package In 2009 AWC advanced a broad city flexibility package that stormwater funding in our fact sheet on our website at eased restrictions and requirements in areas like: www.awcnet.org. • Fiscal health Street maintenance utility—A city option • Land use Just like the state's 18th amendment and the County Road • Infrastructure Levy,cities want a permanent transportation funding source • Community safety for basic street maintenance and preservation.Three out of • Public records every four city transportation dollars depend on general fund A big emphasis was placed on giving locals more authority transfers.Street funding competes with other city services and flexibility with allocating existing revenues.Cities looked coming out of the general fund. to what the state did in adopting its 2009-I I budget.The AWC proposes to create a street maintenance utility, state gave itself flexibility as a way to deal with the state's similar to a sewer or water utility.With a city option utility, fiscal stress.Why shouldn't cities have the same latitude,even charges are based on different types of trips made by users if it was for a limited period? and what it costs the city to maintain and preserve its This year,AWC continues to pursue ideas that give cities streets.Maintaining and preserving streets avoids costly fiscal flexibility and cost effective options.Cities want to be reconstruction.When compared to other approaches able to decide locally how to allocate our resources.We like increasing property taxes,the city option is far more know what our communities want and we need the flexibility equitable. to provide essential services in a way that makes fiscal sense. A successful utility starts with community awareness. Please see more information regarding the city flexibility Extensive public involvement during the utility's creation package in our fact sheet on our website at www.awcnet.org. helps broaden community support for the option. Municipal stormwater funding Accountability measures help boost public confidence, showing that funds will only be used for street preservation. 137 cities are impacted by Phase I and II NPDES stormwater requirements and Puget Sound cleanup work.These cities Please see more information regarding street maintenance need a long-term state funding mechanism to help them utility in our fact sheet on our website at www.awcnet.org. meet the stormwater requirements.AWC will aggressively continued pursue ESHB 1 614 (from the 2009 session).The bill places a barrel fee on unrefined oil—approximately $120 million a year in revenue. Association ofWashington Cities • 1076 Franklin St SE • Olympia,WA 98501 • www.awcnet.org Other priorities Brokered natural gas tax Pursue a change in population thresholds that Pursue legislation addressing the Court of Appeals decision determine the availability of local funds and the that: number of councilmembers for cities that host • Impacts city collection of the brokered natural gas tax; correctional facilities This bill affects the cities of Connell and Airway Heights. • Clarifies the definition of use;and When a public facility like a state prison is located within a • Ensures equal treatment between business and residential small city's boundaries,the increased population disqualifies users. the city from receiving small city pavement and sidewalk State budget— Continued appropriation of funds.The city also doesn't receive additional property or committed state funds sales tax revenue to offset the loss. Cities must continue to closely monitor the state budget, A city with a prison population increase is required to watching over their continued allocation of state-shared expand its council,going from five to seven councilmembers. revenues and state funds,including: For the purposes of eligibility for small city pavement and • Full mitigation for streamlined sales tax sidewalk fund and changing the number of council seats,this • Continuation of the city-county assistance account bill gives cities the option of including or not including the • Continuation of important shared revenues like the state correctional facility population. criminal justice assistance account,liquor excise tax Increase existing grant and loan programs to stay account and liquor revolving account current with construction inflation,including: 1 • Maintenance of nearly full funding for local public health Public Works Assistance Account (Public Works Trust jurisdictions. Fund)—stormwater component,high growth area grants/ Fire hydrant general fund responsibility loans,housing component In October 2008 the Supreme Court ruled that fire hydrants • Transportation Improvement Board are a general government responsibility,paid for by the • WSDOT Highways and Local Programs (bicycle/ local government's general fund.Many water utilities now pedestrian programs) cover the charges for this service.Cities with their own • MTCA (Model Toxics Control Act) funding for one-time water utility must pay for the service out of their general capital investments fund.If they receive service from another city or water utility district,they'll be billed by that jurisdiction.This adds Transportation Benefit Districts a greater burden to each city's general fund.With many • Clarify that projects within a local capital facilities plan questions still remaining over the ruling,AWC will pursue a are eligible expenses in aTBD instead of by reference; legislative clarification. • Enable latecomer fees to be applied to projects not "owned" by the TBD (i.e.a state highway);and Oppose the requirement to tape executive • sessions and any restrictions of attorney-client Pursue repeal of the 10 year sunset on voter approved privilege or attorney work product sales tax.This would allow bonding of this revenue stream. Pursue taxable bond issuance flexibility Pursue pro-active public records proposals that The advent of Build America Bonds highlights the challenge address some of the problems that accompany a city council (or other public entities) faces when investors burgeoning public records requests sign up to purchase the bonds—the council frequently AWC staff will work with other local government must approve the sale within minutes.Coordinating city associations to identify proposals for 20 I 0. councilmember's schedules to pursue this action (and potentially save taxpayer money) is problematic. continued Association of Washington Cities • 1076 Franklin St SE • OCympia,WA 98501 • www.awcnet.org The proposed solution:Allow the city governing body to Climate change issues adopt a bond ordinance or bond resolution,and delegate Action shifted to Congress and it's not anticipated that major to an authorized representative the authority to finalize legislation will be introduced this session.AWC will look for the maturity amounts,interest rates,etc—all within tight opportunities to facilitate local actions to address climate parameters fixed by the governing body. change issues and impacts.Continue to defend against mandates for minimum density around transit stations. Funding for gang intervention and prevention activities Land use/Gambling • Support local tools and innovation for gang prevention Not likely that this issue will be addressed this session. and intervention;seek sustainable,ongoing funding However,AWC will look for opportunities to defend cities' for gang prevention and intervention,graffiti removal ability to fully ban gambling and seek legislation that provides programs,and law enforcement suppression activities, cities the ability to zone and partially ban gambling facilities if • Support the creation of new offenses for criminal gang the opportunity arises. intimidation and school criminal gang intimidation and Puget Sound Partnership/Action Plan sentence enhancements for gang-related offenses. Possible legislation introduced to ban copper brake pads. Limiting liability for local government AWC will monitor and support other ideas that help protect • Continue to pursue reforms that limit joint liability for and restore the Sound's health with emphasis on need for public entities,especially in the context of proposed long-term state funding. expanded wrongful death claimants and damages; Best Available Science help for smaller cities • Continue to work to amend the law so that juries know Pursue help for small cities to address BAS in their next if a person involved in an injury accident was wearing his update or defer requirement to update in the smallest cities or her seatbelt;and and towns that aren't growing (may be part of Flexibility • Do not advance legislation relating to establishing a willful Package). and wanton level of misconduct for emergency workers, but support others who may wish to take the lead. Housing affordability • Support legislation/budget ideas that address affordable Public safety impacts of charging decisions and housing through infrastructure funding and new fiscal expanding caseload and subject matter jurisdiction incentives; in municipal court If additional cases are shifted to cities and municipal • Work with coalitions to identify and remove barriers to courts,continue to insist on a reasonable increase and seek crating new affordable or workforce housing; funding to assist with this new caseload and public safety • Oppose new mandates or pre-emptive zoning legislation; implications of charging decisions.Require counties to charge and misdemeanants in Superior Court,within the threshold limits • Closely monitor and respond to proposed reductions for which they are responsible. in existing housing support programs for low-income or disadvantaged residents. Reform of annexation statutes and those dealing with the role of cities,counties and special purpose Information to landowners on being in an districts in urban areas unincorporated UGA AWC will look for opportunities to advance any annexation AWC will consult with county assessors,seeking their and/or governance reform if and when the opportunity support,and introduce legislation. arises.Example:Joint planning in unincorporated urban UGA expansion in flood plains under certain growth areas. conditions Follow-up to legislation from 2009 session.AWC will support language worked out between Mt.Vernon and the bill's prime sponsor (Rep.Scott White,D-Seattle). continued Association of Washington Cities • 1076 Franklin Sc SE • Olympia,WA 98501 • www.awcnet.org Issues to endorse E9 I I funding Communications infrastructure— Interoperability Support efforts to: Example:Spokane region requires a communications • Secure additional funding needed to keep pace with infrastructure investment ranging from $44 million to $88 advances in technology such asVolP,photos,video,instant million,including financing expenses.Area voters recently messaging and text messages;and passed a one-tenth of one percent sales tax measure to • Ensure the tax base is comprehensive by amending provide initial infrastructure funding as well as instituting a the current statute to insure the tax is levied on all reverse 91 I system,providing sustenance to the 911 system technologies. and augmenting a crime reporting system.The sales tax measure does not raise enough revenue to implement all of False alarm information the initiatives included in the successful ballot issue.Progress Seek an exemption for false alarm information under RCW on the infrastructure depends on the region receiving federal 42,public records —City of Spokane or state grants. Amend public records disclosure requirements for Assault by vehicle "complainants" Support Seattle as it works to amend current law to allow a A City of Everett proposal that would allow the city local option for criminalizing"assault by vehicle." to withhold a complainant's name whenever disclosure endangers the complainant. Basic Law EnforcementTrainingAcademy (BLEA) funding Community Facilities Districts— Enabling AWC will continue to support additional BLEA funding legislation to ensure that cities have adequate capacity to train new • Cities create a CFD through an ordinance process. police officers and support appropriate and effective training • Essentially an LID,but enables the funding of methods. infrastructure outside of the defined area. City access to criminal background checks for • Developer imposes tax—the tax is not part of the city's license enforcement tax capacity. Support legislation that would authorize the state patrol to Permanently fund the Community Economic conduct criminal background checks,including NCIC access, Revitalization Board (CERB) for for-hire license applicants when requested by the city. Seek permanent revenue for CERB and support technical corrections.CERB authority was modified in 2008-- it retains Photo-enforcement authority a 75% rural/urban split for the first$20M appropriated. Support legislation to broaden and clarify authority for cities $20M and over is a 50%/50% rural/urban split. to use photo-enforcement. State brownfield redevelopment funding Water/sewer districts:Utility taxes and EPA provides assessment grants on a nationally competitive assumptions basis,and the State's Brownfields revolving loan program is For many years,AWC opposed efforts by districts to $5.9 million federally-funded.However,assessment grants eliminate the authority of cities to assume (takeover) all or are too few,and loans do not work for everyone,especially portions of districts serving cities.For the past several years, municipal governments.Increasing the state's program and districts opposed efforts by AWC to allow cities served in adding a grants component will clean up the environment whole or part by districts to charge city customers a utility and generate new development,infilling,and higher tax tax.A compromise has been reached that would allow a city revenues. to impose the utility tax,but if in the future an assumption is sought in that city,it may be done only by a vote of district customers. continued Association ofWashington Cities • 1076 Franklin St SE • Olympia,WA 98501 • www.awcnetorg i I Annexation to fire protection district Outdoor burning in cities and towns under 5,000 in AWC will endorse legislation amending RCW 52.04.061 to population allow cities with population exceeding 100,000 to annex to a AWC will work with cities and DOE to help small cities fire protection district. develop programs allowing them to dispose of residential yard waste by ways other than burning,and continue to work with legislators to evaluate how small cities can deal with residential yard waste issues. Issues to strongly defend against B&O tax/business license fee Mandating that cities allow tent cities Oppose any changes advanced that further negatively impact Continue to defend local authority to impose reasonable local B&O tax revenues. conditions on tent cities,understanding that cities are not seeking authority to refuse to allow tent cities within their Utility lien authority boundaries. Defend against proposals to eliminate the utility lien authority or the authority of cities to collect unpaid utility Oppose efforts to diminish current authority to bills from property owners. access property for public safety,health and other business purposes No additional diversion from the Public Works Oppose preemption of local authority to conduct rental Trust Fund housing inspections. Support more funding for infrastructure and economic development— not the redirecting of existing funds. Issues to monitor Clean-up of disincorporation statutes Recommendations from the Courts of Limited City of Spokane Valley is pursuing. Jurisdiction/Domestic Violence Work Group Monitor any efforts to introduce legislation that was Mitigating medical costs for offenders considered by this work group which will mandate new Pursue state funding to help local jurisdictions pay for court responsibilities.A group reconvened in the 2009 offender medical costs;seek assistance with mental health interim to look at domestic violence issues.It may reappear costs to reduce impacts on the criminal justice system. with recommendations like requiring municipal courts to Funding for auto theft prevention authority issue domestic violence and anti-harassment protection Monitor funding to ensure 2009-I I budget transfers are orders,and standardizing court hours and staffing. one-time.Continue to support dedicated funds for auto theft Natural Resource Agency reform enforcement. Monitor for opportunities to support or oppose legislative Federal emergency management funding) or budget proposals from the Gregoire Administration Communications interoperability focusing on streamlining state permitting and improving Seek state and federal funding to meet interoperability customer service. standards and reform of 91 I structure to address modern Water resources— Muni water law court case and technology, other issues Regulating guns on city property Monitor any proposals that modify existing municipal water law. Helping less"urban" cities prosper Monitor and support proposals that provide less urban cities tools they need to prosper. Association of Washington Cities • 1076 Franklin St SE • Olympia,WA 98501 • www.awcnet.org