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2010, 06-15 Study Session
AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, June 15, 2010 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meetin 6:00 p.m. DISCUSSION LEADER SUBJECT /ACTIVITY GOAL ACTION ITEMS: 1. Lori Barlow Second Reading Ordinance, Code Text Approve Ordinance Amendments, CTA 02 -10 [public comment] 2. Lori Barlow Subarea Items to Send to Planning Commission Motion Consideration [public comment] 3. Neil Kersten Backhoe Purchase [public comment] Motion Consideration 4. Neil Kersten Snow Plow Purchase [public comment] Motion Consideration 5. Cary Driskell Comcast Contract Suspension of Fees Motion Consideration [public comment] NON - ACTION ITEMS: 6. Cary Driskell Panhandling Discussion / Information 7. Morgan Koudelka Justice Assistance Grant 8. Mayor and Council City Manager Selection Process 9. Mike Jackson/Ken 2011 Budget Thompson 10. Scott Kuhta Subarea Plan (SARP) Zone: Mixed Use 11. Information Only (will not be discussed or reported): (a) Pavement Requirements (b) Swimming Scholarship 12. Mayor Towey Advance Agenda 13. Mayor Towey Council Check in 14. Mike Jackson City Manager Comments Discussion /Information Discussion /Information Discussion /Information 15. EXECUTIVE SESSION: To Evaluate the Qualifications of an Applicant for Public Employment [RCW 42.30.110(l)(g)] ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may be made. Discussion /Information Discussion /Information Discussion /Information Discussion/Information (c) Comcast Sixty Day Extension Study Session Agenda, June 15, 2010 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: City Manager Sign-off June 15, 2010: ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation nd AGENDA ITEM TITLE : 2reading Ordinance – Amendments to Spokane Valley Municipal Code (SVMC) Chapters 17.20, 21.30 and 21.40.. GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text amendments. PREVIOUS COUNCIL ACTION TAKEN: On June 8, 2010 Council voted to movethe Ordinanceto second reading. BACKGROUND: The City initiated text amendment is proposing amendments to Chapters 17.20, 21.30, and21.40 of the SVMC, to address developer’s responsibilities, recognize the 2010 Flood Insurance Study as the basis for establishing areas of special flood hazard, and provide a reasonable use exception for properties impacted by critical areas. Amendments to SVMC Chapters 17.20 and 21.40are proposedas a result of the WA Cities Insurance Authority2009 Annual Review and Auditcomments. As a result ofthe review the Auditor recommended that the critical areas ordinance be amended to include a reasonable use provision to limit the cities land use liability exposure, and that the code contain language granting immunity to employees performing discretionary functions. The amendment to Section 21.30.020 recognizesthe July 6, 2010 Flood Insurance Study for Spokane County, Washington and Incorporated Areas, as the basis for identifying the flood hazard areas. Revised Flood Insurance Rate Maps are a part of the report. Staff presented the proposed amendments to the Planning Commission at a study session on April 22. The Commission conducted a public hearing on the proposal on May 13, 2010. The Commission passed a motionto move threeproposed amendments on to the City Council for review. The kennel issue will come before Council at a later date.An Administrative report was provided to City Council on May 25, 2010which included the Planning Commission’s recommendations and findings. The first reading of the ordinance was held June 8, 2010. In response to Margaret Mortz’s comments regardingwhether the Director should have discretion on whether a reasonable use exemption, the staff have the following comments: 1.The Director’s decision is appealable to the Hearing Examiner. 2.Any use that would need the reasonable use provision would also be required to go through SEPA. Several state and local agencies are provided opportunities to comment and anyone can appeal the decision. 3.A biologist or other critical area specialist report would be required as part of the application. 4.It is very unlikely to be used in this area. APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Codeprovides approval criteria for text amendments to the Spokane Valley Municipal Code. The criterion stipulates that the proposed amendment(s) must beconsistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to the public health, safety, welfare, and protection of the environment. st RCA Ordinance 2Reading for CTA-02-10 1 of 2 OPTIONS: Approvethe Ordinance as recommended by the Planning Commission, modify the proposal, or provide direction to staff. RECOMMENDED ACTION : Move to approve the OrdinanceAmending Spokane Valley Municipal Code (SVMC) Floodplain Regulations, Chapters 17.20, 21.30 and 21.40. BUDGET/FINANCIAL IMPACTS : None. STAFF CONTACT: Lori Barlow, AICP,Associate Planner ATTACHMENTS: (1)Exhibit 1: Ordinance st RCA Ordinance 2Reading for CTA-02-10 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL CODE SECTIONS 21.30.020, AND ADDING SECTIONS 21.40.070 AND 17.20.020 BY UPDATING THE FLOOD INSURANCE RATE MAPS THAT IDENTIFY SPECIAL FLOOD HAZARD AREAS TO REFLECT THE JULY 6, 2010 REPORTAND MAPS, ADDING DEVELOPER LIABILITY LANGUAGEAS IT RELATES TO DEVELOPMENT, AND ADDING A REASONABLE USE EXCEPTION TO THE CRITICAL AREAS ORDINANCE AS FOLLOWS: WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code of the Spokane Valley Municipal Code (SVMC) pursuant to Ordinance 07-015, on the 25th day of September, 2007; and WHEREAS, the SVMC became effective on 28th day of October, 2007; and WHEREAS, the amendment is consistent with the goals and policies of the City’s Comprehensive Plan, WHEREAS, WHEREAS, after reviewing the Environmental Checklists, the city issued anOptional Determination of Non-significance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS at City Hall,and at the main branch of the library, and mailed the DNS to all affected public agencies; and WHEREAS, the City provided a copy of the proposed amendment to Community Trade and Economic Development (CTED) initiating a 60 day comment period pursuant to RCW 36.70A.106; and WHEREAS, the amendedordinance as set forth bears a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on May 13, 2010, the Commission reviewed the proposed amendments; and WHEREAS, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing on May 13, 2010; and WHEREAS, the Commission deliberated on May 13, 2010; the Commission provided arecommendation; and WHEREAS, on May 25, 2010, Council reviewed the proposed amendments; and WHEREAS, on June 8, 2010, Council considered a first ordinance reading to adopt the proposed amendment; and NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending Chapter 17.20 PURPOSE by adding section 17.20.020 Liability as set forth below. Ordinance 10- Page 1 of 4 DRAFT Chapter 17.20 PURPOSE Sections: 17.20.010General 17.20.020 Liability 17.20.010 General. These regulations have been established in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, general welfare and protection of the environment of the City. They have been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to safeguard community character; to encourage land uses in areas suitable for particular uses; to conserve the value of property; and to encourage the most appropriate use of land throughout the City. (Ord. 07-015 § 4, 2007). 17.20.020 Liability This title shall not be construed to relieve or lessen the responsibility of a person owning, building, altering, constructing, or moving a building or structure, or developing a parcel or parcels of property as defined in the Uniform Development Code, nor shall the city or an agent thereof be held as assuming such liability by reason of inspection authorized in this title or a certificate of inspection issued by the city or any of its agencies. Section Two: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending section 21.30.020 Basis forestablishing areas of special flood hazard of Chapter 21.30, as set forth below. Chapter 21.30 FLOODPLAIN REGULATIONS Sections: 21.30.010 Purpose and applicability. 21.30.020Basis for establishing areas of special flood hazard. 21.30.030Compliance and enforcement. 21.30.040Abrogation and greater restrictions. 21.30.050Interpretation. 21.30.060 Warning and disclaimer of liability. 21.30.070 Administration. 21.30.080Variances. 21.30.090Provisions for flood hazard reduction. 21.30.100Additional requirements. 21.30.110Critical facilities. 21.30.020 Basis for establishing areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study Spokane County, Washington and Incorporated Areas" dated May 17, 1988 July 06, 2010, and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at the office of the Spokane Valley floodplain administrator. (Ord. 07-015 § 4, 2007). Section Three: Pursuant to 19.30 of the SVMC, the City adopts this ordinance amending chapter 21.40 by adding section 21.40.070 Reasonable Use Determination as set forth below. Ordinance 10- Page 2 of 4 DRAFT Chapter 21.40 CRITICAL AREAS Sections: 21.40.010 Purpose. 21.40.020Wetlands. 21.40.030Fish and wildlife habitat conservation areas. 21.40.040Adjustment of habitat buffer areas. 21.40.050 Geologically hazardous areas. 21.40.060Critical aquifer recharge areas. 21.40.070 Reasonable use determination 21.40.070 Reasonable use determination. A. The standards and regulations of this section are not intended, and shall not be construed or applied in a manner, to deny all reasonable economic use of private property. If an applicant demonstrates to the satisfaction of the City of Spokane Valley that strict application of the standards of the ordinance would deny all reasonable use of their property, development may be permitted subject to appropriate conditions, derived from this chapter, as determined by the Community Development Director. B.Anapplicant for relief from strict application of these standards shall demonstrate the following: 1.That no reasonable use with less impact on the critical area and buffer or setback isfeasible and reasonable; and 2.That there is no feasible and reasonable on-site alternative to the activities proposed, considering possible changes in site layout, reductions in density and similar factors; and 3.That the proposed activities, as conditioned, will result in the minimum possible impacts to critical area and buffer or setback; and 4. That all reasonable mitigation measures have been implemented or assured; and 5. That the inability to derive reasonable economic use is not the result of the applicant’s actions. C. Decision. The Director shall include findings on each of the evaluation criteria listed above in a written decision. The written decision shall be mailed to the applicant and adjacent property owners, including property owners across public rights of way or private easements. The written decision shall include conditions necessary to serve the purposes of the ordinance. D.Process. A reasonable use determination is classified as a Type I permit and shall be processed pursuant to SVMC 17.80.070. Section Four: All other provisions of SVMC Title 17 and Title 21 not specifically referenced hereto shall remain in full force and effect. Section Five: Severability.If any section, sentence, clause or phrases 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, clause, or phrase of this Ordinance. Section Six: Effective Date. This ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Ordinance 10- Page 3 of 4 DRAFT Passed by the City Council this day of June, 2010. __________________________________ Mayor, Thomas E. Towey ATTEST : ___________________________ City Clerk, Christine Bainbridge Approved as to Form: ____________________________ Office of the City Attorney Date of Publication: _____________________ Effective Date: _______________________ Ordinance 10- Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Motion to direct Planning Commission to consider code text amendments to the Sprague and Appleway Corridors SubareaPlan for specific zoning and development issues in the Gateway Commercial Centers and Gateway Commercial Avenue District Zones. GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN:N/A BACKGROUND: The Council has requested that the Sprague/Appleway Sub-area Plan be revisited zone by zone with property owners involved in the process. On May 18, 2010, staff presented an overview of the Gateway Commercial District Zones to Council. On May 20, 2010, a community meeting was conducted to gather input from affected property and business owners intheGateway zoned areas. On June 8, 2010, staff presented Council asummary of the issues raised during public comment. At the June 8, 2010 meeting, City Council directed staff to preparea motiondirectingthe Planning Commission to consider changes to Book II: Development Regulations, Sprague and Appleway Corridors Subarea Plan. These changes must be consistent with the policy direction of the Subarea Planand the City’s Comprehensive Plan. Some issues raised during the public review of the Gateway Commercial zones are considered Comprehensive Planpolicy issues and will be added to the docket for 2011Comprehensive Plan amendments. Council also agreed that the 80% non-conforming issue and the sign regulation for theentire City would be revisited ata later time. Staff provides the following motion with the understanding that after conducting research, it may be determined that acode changemay not be consistent with existing policy and must be addressedduring the 2011 Comprehensive Plan Amendment process. RECOMMENDED ACTION OR MOTION: Move to directthe Planning Commission to consider text amendments to Book II: Development Regulations, Sprague and Appleway Corridors Subarea Plan to address the following issues: 1.Building Setbacks: Consider increasing the maximum building setback distance, or eliminating the maximum building setback distance regulationin both Gateway Commercial district zones. 2.Signage: Increase the number of freestanding signs (pole signs) allowed per parcel. Consider reverting back to freestanding sign regulations adopted in 2007.Increase the nd maximum size of wall signs and the limitation on placing wall signs below the 2story of buildings. 3.Uses: Consider adding permitted uses to both Gateway Commercial zones thatare complementary to uses currently allowed. 4.Accessory Buildings: Clarify regulations contained in Book II as they relate to accessory buildings, to ensure that accessory buildings are not impacted by the development regulations contained in Book II. 5.Building Frontage: Consider removing minimum frontage requirements for buildings in both Gateway Commercial zones. BUDGET/FINANCIAL IMPACTS : Not Applicable STAFF CONTACT :Lori Barlow, AICP, Associate Planner, Community Development Dept. ___________________________________________________________________________ ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Motion Consideration: Purchase Loader/Backhoe (bid award) GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: th BACKGROUND: Council discussed moving ahead with the purchase of a new OnApril 6 loader/backhoe.The unit will be purchased through the Department of General Administration of the State of Washington competitive state wide bid process for aTractor, with Loader and Backhoe, contract # 00410. OPTIONS: Approve the motion or give staff further direction RECOMMENDED ACTION OR MOTION: Move to approve the purchase of a loader/backhoe as outlined in the Washington State contract # 00410 in the amount of $ 99,372.45. BUDGET/FINANCIAL IMPACTS :Funds are available in the current 2010 Street Fund budget from the result of a low snow year. STAFF CONTACT :Neil Kersten ___________________________________________________________________________ ATTACHMENTS Price quote from Western States Catper contract #00410 Quote 116634-01 May 26, 2010 CITY OF SPOKANE VALLEY 11707 E SPRAGUE AVE #106 SPOKANE VALLEY Washington 99206 Attention: TOM DANIELSON Dear Sir, We are pleased to provide you with the following quote as per the State of Washington Backhoe Loader Contract #00410. CATERPILLAR Model: 420E Backhoe YEAR: 2010 We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me. Sincerely, Eric Druffel Machine Sales Representative Page 1 of 2 Western States EquipmentQuote 116634-01 CATERPILLAR Model: 420E Backhoe DescriptionReference No 420E BHL ST ACERT TIER 3291-9210 BATTERY, HEAVY DUTY211-4286 BEACON, MAGNETIC MOUNT211-4292 BUCKET, 48'' 13.0 CFT DC212-8738 BUCKET-MP, 1.3 CYD216-8800 BUCKET-HD, 24'', 6.2 CFT219-3387 BUCKET, 12'' 2.8 CFT HD219-3411 THUMB, TINE, A 1221-4282 HEATER, ENGINE COOLANT, 120V248-2214 COUNTERWEIGHT, 1075 LBS252-9984 LINES, COMBINED AUX, E-STICK262-4202 TIRES 4WD BIAS FIRESTONE282-3854 THUMB, HYDRAULIC ARR, W/O TINE282-5409 CAB, DELUXE W/AC294-4948 E-STICK297-0171 HYDRAULICS, BH, 6 FUNCTION297-1828 POWERTRAIN,93 HP,4WD,STD SHIFT298-5938 HYDRAULICS,LOADER,MULTI PURP.317-1462 CUTTING EDGE, TWO PIECE,WIDE9R-5320 STABILIZER PADS, FLIP-OVER9R-6007 12 MONTH / UNLIMITED HOURS WARRANTY State Contract Price$75,722.00 ADDITIONAL OPTIONS / DEDUCTIONS List Price State Discount Price Integrated Tool Carrier (IT) $7,630.00 $5,493.60 Auto Shift Transmission $3,260.00 $2,347.20 Ride Control $1,355.00 $975.60 Pin Grabber Coupler $1,988.00 $1,431.36 Stabilizer Guards $775.00 $558.00 IT Auxiliary Attachments Control $130.00 $93.60 48” Pallet Forks $3,972.00 $2,859.84 Remove 12” Bucket ($1,386.00) ($997.92) Remove 48” Bucket ($2,624.00) ($1,889.28) Warranty: Governmental 60 Month/ 5,000 Hours Premier ESC $4,825.00 Price Including Options, Deductions, and Warranty $91,419.00 Sales Tax (8.7%) $7,953.45 After Tax Balance $99,372.45 F.O.B/TERMS Spokane Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Motion Consideration: Purchase of a Snow Plow/Truck/Sander Unit GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: th BACKGROUND: , Council discussed moving ahead with the purchase of a new On April 6 snow plow/truck/sander for winter snow operations. Staff has worked with WSDOT in the selection and specificationsof a new truck to be purchase through the Department of General Administration of the State of Washingtonstate wide bid process.We are utilizing State contract # 02709 for the cab and chassis and contract #12304 for “V” hopper sander body and plow. OPTIONS: Approve the motion or give staff furtherdirection. RECOMMENDED ACTION OR MOTION: Moveto approve the purchase of one truck/plow/sander unitper State contracts #02709in the amount of $108,214.80and State contract #12304in the amount of $ 69,275.60 BUDGET/FINANCIAL IMPACTS :Funds are available in the current 2010 Street Fund budget from the result of a low snow year. STAFF CONTACT :Neil Kersten ___________________________________________________________________________ ATTACHMENTS Snow Plow/Truck/Sander unit cost proposals NORTHEND TRUCK EQUIPMENT CO. 14919 – 40 TH AVE. N.E. MARYSVILLE, WASHINGTON 98271 PH: 1-800-653-6066 FAX: 360-653-0100 Visit Our New Web Site --- Neil Kersten, AIA, NCARB June 7, 2010 Public Works Director Spokane Valley, WA 99206 509-720-5000 Ref. “V” Hopper Sander Body and Snow plow. Per the State of Washington Dump Body Contract # 12304 *** Hydraulics Force America Hydraulic System Plumbing for front plow, pump, valve assemblysander and oil tank.(no quick disconnects on sander hydraulic hoses) Hydraulic oil and misc. mounting materials. Installation on customer furnished chassis.(Standard DOT installation methods apply) *** Cost with delivery $ 14,858.00 Suggested Options: ***SanderItems ***Plow Items Sub-Total Price For All Above Items $ 63,731.00 8.7 % Sales Tax 5,544,60 Total Cost With Delivery. $ 69,275.60 Note: Cc: John Cushman ïÛà ìêíìíéûð íö èô÷ ú÷ðíå ø÷éùêóú÷ø èêçùñ öíê éìíñûî÷ æûðð÷ã ÷ éìêûõç÷ ûæ÷ éçóè÷ éìíñûî÷ æûðð÷ã åû ïûñ÷ ïíø÷ð ã÷ûê ïíø÷ð èêçùñ æóî ê÷ûê ûäð÷ éçéì÷îéóíî éöû êé ñ ûçä öêíîè ûäð÷ èêûîéïíø÷ð ÷îõóî÷ êøé éìïÛÄÄÖÍÊÙ× ôì óïìíêèûîè îíè÷éèêçùñ ùôûééóé ÷ëçóìì÷ø ì÷ê åû éèûè÷ ùíîèêûùè é÷õï÷îè û ìð÷ûé÷ ê÷æó÷å ÷ïùðíé÷ø ÷äù÷ð éìê÷ûøéô÷÷è öíê é÷ð÷ùè÷ø íìèóíîé ûîø ìêíìíéûð öíê öçðð éì÷ùóöóùûèóíîé õ÷ûê êûèóí ÿ ÏÌÔ èÍÌ éÌ××Ø ø÷ðóæ÷êã èí éìíñûî÷ îíè óîùðçø÷ø óî èôóé ìêíìíéûð ìêíøçùèóíî ð÷ûø èóï÷ ûììêíäóïûè÷ðã øûãé öêíï ê÷ù÷íìóè íö ìçêùôûé÷ íêø÷ê óîæíóùóîõ ûîø óîéì÷ùèóíî èí èûñ÷ ìðûù÷ óî èûùíïû åû ûè ùûéùûøóû óîè÷êîûèóíîûð ìûãï÷îè øç÷ åóèôóî øûãé öêíï óîéì÷ùèóíî ûîø óîæíóù÷ øûè÷ öÓÎÛÎÙ× ùÔÛÊÕ×É ÅÓÐÐ Ú× ÛÉÉ×É×Ø ÖÍÊ ÐÛÈ× ÌÛÃÏ×ÎÈÉ éûð÷é ìêóù÷ ì÷ê çîóè ö÷ø÷êûð ÷äùóé÷ èûä îíè óîùðçø÷ø î÷÷ø ÷ä÷ïìèóíî éçú èíèûð î÷è èêûø÷ éûð÷é èûä èíèûð ìêóù÷ ûùù÷ìè÷ø öíê úçã÷ê úã ûùù÷ìè÷ø öíê èô÷ é÷ðð÷ê úã úãÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝ May 24, 2010 Prepared For:Presented By: CITY OF SPOKANE VALLEYCASCADIA INTL LLC-WA KENNETH WOODFORKJerry Meyerhoff State Procurement2312 MILWAUKEE WAY Olympia, WA 98504-TACOMA WA 98421 - (360)902 - 7422(253)272-8401 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. Model Profile 2011 7600 SFA 4X2 2010 (SA567) MISSION: Requested GVWR: 39000. Calc. GVWR: 41740 Calc. Start / Grade Ability: 0% / 0% @ 0 MPH Calc. Geared Speed: N/A DIMENSION: Wheelbase: 179.00, CA: 95.50, Axle to Frame: 63.00 ENGINE, DIESEL: {MaxxForce 11} EPA 10, 330 HP @ 1700 RPM, 1250 lb-ft Torque @ 1000 RPM, 2100 RPM Governed Speed, 330 Peak HP (Max) TRANSMISSION, AUTOMATIC: {Allison 4500_RDS_P} 4th Generation Controls; Wide Ratio, 6-Speed, With Double Overdrive; On/Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder CLUTCH: Omit Item (Clutch & Control) AXLE, FRONT NON-DRIVING: {Dana Spicer I-200W} Wide Track, I-Beam Type, 20,000-lb Capacity AXLE, REAR, SINGLE: {Meritor RS-23-186} Single Reduction, 23,000-lb Capacity, 200 Wheel Ends, Driver Controlled Locking Differential Gear Ratio: 5.38 CAB: Conventional TIRE, FRONT: (2) 385/65R22.5 UNISTEEL G286A (GOODYEAR) 490 rev/mile, load range J, 18 ply TIRE, REAR: (4) 11R22.5 G622 RSD (GOODYEAR) 497 rev/mile, load range G, 14 ply SUSPENSION, RR, SPRING, SINGLE: Vari-Rate; 31,000-lb Capacity, Includes 4500-lb Capacity Multileaf Auxiliary FRAME REINFORCEMENT: Outer "C" Channel, Heat Treated Alloy Steel (120,000 PSI Yield); 10.813" x 3.892" x 0.312"; (274.6mm x 98.9mm x 8.0mm); 480.0" (12192mm) Maximum OAL PAINT: Cab schematic 100GR Location 1: 4039, Fire Yellow (Prem) Chassis schematic N/A 1Proposal: 8580-01 Vehicle SpecificationsMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) CodeDescription SA56700Base Chassis, Model 7600 SFA 4X2 2010 with 179.00 Wheelbase, 95.50 CA, and 63.00 Axle to Frame. 1CBUFRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.125" x 3.580" x 0.312" (257.2mm x 90.9mm x 8.0mm); 480.0" (12192) Maximum OAL 1GBPFRAME REINFORCEMENT Outer "C" Channel, Heat Treated Alloy Steel (120,000 PSI Yield); 10.813" x 3.892" x 0.312"; (274.6mm x 98.9mm x 8.0mm); 480.0" (12192mm) Maximum OAL 1LNSBUMPER, FRONT Full Width, Aerodynamic, Steel, Painted 0001 Canyon Black; 0.189" Material Thickness 1WDTFRAME EXTENSION, FRONT Integral; 20" In Front of Grille, With Outer "C" Channel Reinforcement 1WDUCROSSMEMBER, FRONT for Hydraulic Pump, Mounting Flange to Accommodate Pump 1WUBWHEELBASE RANGE 163" (415cm) Through and Including 209" (530cm) 2AEWAXLE, FRONT NON-DRIVING {Dana Spicer I-200W} Wide Track, I-Beam Type, 20,000-lb Capacity Notes : The following features should be considered when calculating Front GAWR: Front Axles; Front Suspension; Brake System; Brakes, Front Air Cam; Wheels; Tires. 3708SHOCK ABSORBERS, FRONT 3ACSSUSPENSION, FRONT, SPRING Multileaf, Shackle Type, Single Stage Spring; 20,000-lb Capacity; Less Shock Absorbers Includes : SPRING PINS Rubber Bushings, Maintenance-Free Notes : The following features should be considered when calculating Front GAWR: Front Axles; Front Suspension; Brake System; Brakes, Front Air Cam; Wheels; Tires. 4091BRAKE SYSTEM, AIR Dual System for Straight Truck Applications Includes : BRAKE LINES Color and Size Coded Nylon : DRAIN VALVE Twist-Type : DUST SHIELDS, FRONT BRAKE : DUST SHIELDS, REAR BRAKE : GAUGE, AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located in Instrument Cluster : PARKING BRAKE CONTROL Yellow Knob, Located on Instrument Panel : PARKING BRAKE VALVE For Truck : QUICK RELEASE VALVE Bendix On Rear Axle for Spring Brake Release: 1 for 4x2, 2 for 6x4 : SLACK ADJUSTERS, FRONT Automatic : SLACK ADJUSTERS, REAR Automatic : SPRING BRAKE MODULATOR VALVE R-7 for 4x2, SR-7 with relay valve for 6x4 Notes : Rear Axle is Limited to 23,000-lb GAWR with Code 04091 BRAKE SYSTEM, AIR and Standard Rear Air Cam Brakes Regardless of Axle/Suspension Ordered. 4193BRAKES, FRONT, AIR CAM 16.5" x 6", Includes 24 SqIn Long Stroke Brake Chambers Notes : The following features should be considered when calculating Front GAWR: Front Axles; Front Suspension; Brake System; Brakes, Front Air Cam; Wheels; Tires. 4732DRAIN VALVE {Berg} Manual; With Pull Chain, for Air Tank 4AZAAIR BRAKE ABS {Bendix AntiLock Brake System} Full Vehicle Wheel Control System (4-Channel) 4EBDAIR DRYER {Meritor WABCO System Saver 1200} with Heater 2Proposal: 8580-01 Vehicle SpecificationsMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) CodeDescription 4ETGBRAKE CHAMBERS, FRONT AXLE {MGM} 24 SqIn 4EVHBRAKE CHAMBERS, REAR AXLE {MGM TR3030LP3TSHD} 30/30 Spring Brake Includes : BRAKE CHAMBERS, SPRING (2) Rear Parking; WITH TRUCK BRAKES: All 4x2, 4x4; WITH TRACTOR BRAKES: All 4x2, 4x4; 6x4 & 6x6 with Rear Tandem Axles Less Than 46,000-lb. or GVWR Up To 54,000-lb. 4NDBBRAKES, REAR, AIR CAM S-Cam; 16.5" x 7.0"; Includes 30/30 Sq.In. Long Stroke Brake Chamber and Spring Actuated Parking Brake Notes : The following features should be considered when calculating Rear GAWR: Rear Axles; Rear Suspension; Brake System; Brakes, Rear Air Cam; Brake Shoes, Rear; Special Rating, GAWR; Wheels; Tires. 4SPMAIR COMPRESSOR {Bendix} 15.9 CFM Capacity, Single Cylinder 4VEEAIR DRYER LOCATION Mounted Inside Right Rail, Approx. 53" Back of Cab 5710STEERING COLUMN Tilting and Telescoping 5CALSTEERING WHEEL 2-Spoke, 18" Diam., Black 5PTBSTEERING GEAR (2) {Sheppard M-100/M-80} Dual Power 7BEJEXHAUST SYSTEM Single, Horizontal, Aftertreatment Device Frame Mounted Outside Right Rail Under Cab; Includes Vertical Tail Pipe and Guard Includes : EXHAUST HEIGHT 10' Exhaust Height - Based on Empty Chassis with Standard Components (+ or - 1" Height) : MUFFLER/TAIL PIPE GUARD Non-Bright Finish 7SDAENGINE COMPRESSION BRAKE {MaxxForce} by Jacobs; for MaxxForce 11 & 13 Engines, With Selector Switch and On/Off Switch 7WBSMUFFLER/TAIL PIPE GUARD (1) Bright Stainless Steel 8000ELECTRICAL SYSTEM 12-Volt, Standard Equipment Includes : BATTERY BOX Steel with Fiberglass Cover : DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab : FUSES, ELECTRICAL SAE Blade-Type : HAZARD SWITCH Push On/Push Off, Located on Top of Steering Column Cover : HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever : HEADLIGHTS (2) Sealed Beam Halogen, 5" X 7" Rectangular, with Chrome Plated Bezels : HORN, ELECTRIC Single : JUMP START STUD Located on Positive Terminal of Outermost Battery : PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light : RUNNING LIGHT (2) Daytime, Included With Headlights : STARTER SWITCH Electric, Key Operated : STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector : TURN SIGNAL SWITCH Self-Cancelling for Trucks, Manual Cancelling for Tractors, with Lane Change Feature : TURN SIGNALS, FRONT Includes Reflectors and Auxiliary Side Turn Signals, Solid State Flashers; Flush Mounted : WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature (5 Pre-Set Delays), Integral with Turn Signal Lever : WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted : WIRING, CHASSIS Color Coded and Continuously Numbered 8518CIGAR LIGHTER Includes Ash Cup 3Proposal: 8580-01 Vehicle SpecificationsMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) CodeDescription 8540HORN, ELECTRIC (2) 8875BATTERY TERMINALS Sealed 8GGNALTERNATOR {Bosch LH160} Brush Type, 12 Volt 160 Amp. Capacity, Pad Mounted 8HAUBODY BUILDER WIRING INSIDE CAB; Includes Sealed Connectors for Tail/Amber, Turn/Marker/Backup/ Accessory, Power/Ground, and Stop/Turn 8MKLBATTERY SYSTEM {International} Maintenance-Free, (3) 12-Volt 1950CCA Total 8RCBCB RADIO Accommodation Package; Header Mounted; Feeds From Accessory Side of Ignition Switch; Includes Power Source and Two Antenna Bases With Wiring Notes : NOT INCLUDED: Antenna 8RGA2-WAY RADIO Wiring Effects; Wiring With 20 Amp Fuse Protection, Includes Ignition Wire With 5 Amp Fuse, Wire Ends Heat Shrink and Routed to Center of Header Console in Cab 8RJVRADIO {International} AM/FM Stereo With Weatherband, Clock, Auxiliary Input, Includes Multiple Dual Cone Speakers Includes : SPEAKERS IN CAB (2) Dual-Cone with Deluxe Interior : SPEAKERS IN CAB (4) Coaxial with Premium Interior 8TKBSTOP, TURN, TAIL & B/U LIGHTS {Truck Lite} Super 44, With LED Bulbs for Stop, Turn & Tail Lights and Truck Lite Super 40 for Backup lights, With Power Module, "International" Termination and Less Junction Box 8WBWJUMP START STUD Remote Mounted Includes : JUMP START STUD Mounted to Battery Box 8WCLHORN, AIR Black, Single Trumpet, Air Solenoid Operated 8WDGBACK-UP ALARM {Preco 1059} Electronic; Solid State, Dual Function, 112 dBA 8WMLHEADLIGHTS Long Life Halogen; for Two Light System 8WPHCLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush Mounted on Cab or Sunshade 8WXGSTARTING MOTOR {Mitsubishi Electric Automotive America 105P} 12-Volt, with Soft-Start Notes : This starter is designed to work reliably without the need for thermal overcrank protection and provides the same warranty coverage as starters with thermal overcrank protection. 8XAHCIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5-Amp Fuses 9585FENDER EXTENSIONS Rubber 9HBMGRILLE Stationary, Chrome 9WBKFRONT END Tilting, Fiberglass, With Three Piece Construction Includes Long Hood 10060PAINT SCHEMATIC, PT-1 Single Color, Design 100 Includes : PAINT SCHEMATIC ID LETTERS "GR" 10761PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 10769PAINT CLASS Premium Color. 4Proposal: 8580-01 Vehicle SpecificationsMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) CodeDescription 11001CLUTCH Omit Item (Clutch & Control) 12854PTO EFFECTS, ENGINE FRONT for MaxxForce 11 and 13 International Engines, Less PTO Unit, Includes Adapter Plate on Engine Front Mounted 12864BLOCK HEATER, ENGINE {Phillips} 120 Volt/1500 Watt Includes : BLOCK HEATER SOCKET Receptacle Type; Mounted below Drivers Door 12BARENGINE, DIESEL {MaxxForce 11} EPA 10, 330 HP @ 1700 RPM, 1250 lb-ft Torque @ 1000 RPM, 2100 RPM Governed Speed, 330 Peak HP (Max) Includes : AIR COMPRESSOR AIR SUPPLY LINE Naturally-Aspirated : COLD STARTING EQUIPMENT Automatic; With Engine ECM Control : CRUISE CONTROL Electronic; Controls Integral to Steering Wheel : ENGINE BLOCK Compacted Graphite Iron : ENGINE SHUTDOWN Electric, Key Operated : FUEL FILTER Top Access, Cartridge Type Filter Element; Engine Mounted : FUEL SYSTEM High Pressure Common Rail : GOVERNOR Electronic : HEAT MANAGEMENT SYSTEM Eco-Therm : OIL FILTER, ENGINE Drop-In Cartridge Type : OIL PAN Laminate Steel Composite : TURBO Twin Series : WET TYPE CYLINDER SLEEVES 12THTFAN DRIVE {Horton Drivemaster} Direct Drive Type, Two Speed With Residual Torque Device for Disengaged Fan Speed Includes : FAN Nylon 12UBLRADIATOR Aluminum; Welded, Front to Back CrossFlow System, 1593 SqIn, 1929 SqIn Dual CAC, 1548 SqIn 3 Core LTR Includes : ANTI-FREEZE Yellow Shell Rotella Extended Life Coolant; -40 Degrees F/ -40 Degrees C; for MaxxForce 2010 Engines : DEAERATION SYSTEM with Clear Fill/Surge Tank : HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type; Thermoplastic Coolant Hose Clamps : RADIATOR HOSES Premium, Rubber 12UXJFEDERAL EMISSIONS for 2010; MaxxForce 11 Engines 12VALAIR CLEANER Dual Element, with Integral Snow Valve and In-Cab Control Includes : GAUGE, AIR CLEANER RESTRICTION Air Cleaner Mounted 12WEGCOLD STARTING EQUIPMENT Automatic; With Engine ECM Control 12WTAFAN DRIVE SPECIAL EFFECTS Fan Cooling Ring with Fan Shroud Effects, Engine Mounted 12WZEEMISSION COMPLIANCE Federal, Does Not Comply With California Clean Air Regulations 13AMNTRANSMISSION, AUTOMATIC {Allison 4500_RDS_P} 4th Generation Controls; Wide Ratio, 6-Speed, With Double Overdrive; On/Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder Includes : OIL FILTER, TRANSMISSION Mounted on Transmission : TRANSMISSION OIL PAN Magnet in Oil Pan 5Proposal: 8580-01 Vehicle SpecificationsMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) CodeDescription 13WAWOIL COOLER, AUTO TRANSMISSION {Modine} Water to Oil, for Allison or CEEMAT Transmission 13WBNTRANSMISSION SHIFT CONTROL {Allison} T-Bar Type; for Allison 3000 & 4000 Transmission 13WUCALLISON SPARE INPUT/OUTPUT for Rugged Duty Series (RDS); General Purpose Trucks, Construction 13WYHTRANSMISSION TCM LOCATION Located Inside Cab 14ARYAXLE, REAR, SINGLE {Meritor RS-23-186} Single Reduction, 23,000-lb Capacity, 200 Wheel Ends, Driver Controlled Locking Differential . Gear Ratio: 5.38 Includes : REAR AXLE DRAIN PLUG (1) Magnetic, For Single Rear Axle Notes : When Specifying Axle Ratio, Check Performance Guidelines and TCAPE for Startability and Performance 14SALSUSPENSION, RR, SPRING, SINGLE Vari-Rate; 31,000-lb Capacity, Includes 4500-lb Capacity Multileaf Auxiliary 15LKUFUEL/WATER SEPARATOR {Racor} Fuel Pre-Filter and Filter Base, 10 Micron 15SEZFUEL TANK Top Draw; D Style, Steel, 80 U.S. Gal., 303 L Capacity, 23.0" Tank Depth, Mounted Left Side Under Cab 16030CAB Conventional Includes : ARM REST (2) Molded Plastic; One Each Door : CLEARANCE/MARKER LIGHTS (5) Flush Mounted : COAT HOOK, CAB Located on Rear Wall, Centered Above Rear Window : CUP HOLDERS Two Cup Holders, Located in Lower Center of Instrument Panel : DOME LIGHT, CAB Rectangular, Door Activated and Push On-Off at Light Lens, Timed Theater Dimming, Integral to Console, Center Mounted : GLASS, ALL WINDOWS Tinted : GRAB HANDLE, CAB INTERIOR (1) "A" Pillar Mounted, Passenger Side : GRAB HANDLE, CAB INTERIOR (2) Front of "B" Pillar Mounted, One Each Side : INTERIOR SHEET METAL Upper Door (Above Window Ledge) Painted Exterior Color : STEP (4) Two Steps per Door 16HBAGAUGE CLUSTER English With English Electronic Speedometer Includes : GAUGE CLUSTER (6) Engine Oil Pressure (Electronic), Water Temperature (Electronic), Fuel (Electronic), Tachometer (Electronic), Voltmeter, Washer Fluid Level : ODOMETER DISPLAY, Miles, Trip Miles, Engine Hours, Trip Hours, Fault Code Readout : WARNING SYSTEM Low Fuel, Low Oil Pressure, High Engine Coolant Temp, and Low Battery Voltage (Visual and Audible) 16HGHGAUGE, OIL TEMP, ALLISON TRAN 16HHEGAUGE, AIR CLEANER RESTRICTION {Filter-Minder} With Black Bezel Mounted in Instrument Panel 16HKTIP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster 16JNVSEAT, DRIVER {National 2000} Air Suspension, High Back With Integral Headrest, Cloth, Isolator, 1 Chamber Lumbar, 2 Position Front Cushion Adjust, -3 to +14 Degree Back Angle Adjust Includes : SEAT BELT 3-Point, Lap and Shoulder Belt Type 16PHXSEAT, PASSENGER {Gra-Mag} Non Suspension, High Back, Fixed Back, Integral Headrest, Cloth Includes : SEAT BELT 3-Point, Lap and Shoulder Belt Type 6Proposal: 8580-01 Vehicle SpecificationsMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) CodeDescription 16SDUMIRRORS (2) {Lang Mekra} Styled; Rectangular, 7.09" x 15.75" & Integral Convex Both Sides, 102" Inside Spacing, Breakaway Type, Heated Heads Thermostatically Controlled, Power Both Sides, Clearance Lights LED, Bright Finish Heads & Brackets 16SEEGRAB HANDLE Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; for Cab Entry Mounted Left Side Only at "B" Pillar 16WBYARM REST, RIGHT, DRIVER SEAT 16WCSHEATER {Blend-Air} with Defroster Includes : CLAMPS, HEATER HOSE Mubea Constant Tension Clamps : HEATER HOSES Premium 16WJSINSTRUMENT PANEL Center Section, Flat Panel 16WKYFRESH AIR FILTER for HVAC 16WLESTORAGE POCKET, DOOR Molded Plastic, Full Width; Mounted on Passenger Door 16WRZCAB INTERIOR TRIM Premium Includes : "A" PILLAR COVER Molded Plastic : CAB INTERIOR TRIM PANELS Cloth Covered Molded Plastic, Full Height; All Exposed Interior Sheet Metal is Covered Except for the Following: with a Two-Man Passenger Seat or with a Full Bench Seat the Back Panel is Completely Void of Covering : CAB SOUND INSULATION Includes Dash Insulator and Engine Cover Insulator, Premium Floormat, and Sound Dampening Patches : CAB, INTERIOR TRIM, CLOSEOUT Lower Dash Closeout Panel; Molded Plastic; Under Instrument Panel Driver Side : CONSOLE, OVERHEAD Molded Plastic; With Dual Storage Pockets with Retainer Nets, CB Radio Pocket, Speakers, and Reading Lights : COURTESY LIGHT (2) Mounted In Front Map Pocket Left and Right Side : DOOR TRIM PANELS with Cloth Insert on Bolster Driver and Passenger Doors : FLOOR COVERING Rubber, Black : GAUGE, TEMPERATURE, AMBIENT Includes Compass Readout and Wiring and Sensor With Display Unit Mounted in Cluster : HEADLINER Soft Padded Cloth : INSTRUMENT PANEL TRIM Molded Plastic with Black Center Section : STORAGE POCKET, DOOR (2) Molded Plastic (Carpet Texture), Full-Length; Driver and Passenger Doors : SUN VISOR (3) Padded Vinyl: 2 Moveable (Front-to-Side) Primary Visors, Driver Side with Vanity Mirror and Toll Ticket Strap, plus 1 Auxiliary Visor (Front Only), Driver Side 16WSKCAB REAR SUSPENSION Air Bag Type 27DNPWHEELS, FRONT DISC; 22.5" Painted Steel, 10-Stud (285.75MM BC) Hub Piloted, 5 Hand Hole, Flanged Nut, Metric Mount, 12.25 DC Rims; With Steel Hubs, with 5.375" Offset Includes : PAINT IDENTITY, FRONT WHEELS White : WHEEL SEALS, FRONT Oil Lubricated, Includes Wheel Bearings Notes : Compatible Tire Sizes: 385/65R22.5, 425/65R22.5 28DRNWHEELS, REAR DUAL DISC; 22.5" Painted Steel, 5 Hand Hole, 10-Stud (285.75MM BC) Hub Piloted, Flanged Nut, Metric Mount, 8.25 DC Rims; With .472" Thick Increased Capacity Disc and Steel Hubs Includes : PAINT IDENTITY, REAR WHEELS White : WHEEL SEALS, REAR Oil Lubricated, Includes Wheel Bearings 7Proposal: 8580-01 Vehicle SpecificationsMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) CodeDescription Notes : Compatible Tire Sizes: 11R22.5, 12R22.5, 255/70R22.5, 255/80R22.5, 265/75R22.5, 275/70R22.5, 275/80R22.5, 295/75R22.5, 295/80R22,5 29PARPAINT IDENTITY, FRONT WHEELS {Accuride} Disc Front Wheels; With Vendor Applied (PKWHT21) White Powder Coat Paint 29PASPAINT IDENTITY, REAR WHEELS {Accuride} Disc Rear Wheels; With Vendor Applied (PKWHT21) White Powder Coat Paint 29WAPWHEEL GUARDS, FRONT {Accuride} for Metric Hub Piloted Wheels with Flanged Mounting Nuts Mounted Between Hub and Wheel 29WARWHEEL GUARDS, REAR {Accuride} for Metric Hub Piloted Wheels with Flanged Mounting Nuts, Mounted Between Hub & Wheel and Between Dual Wheels 60AAGBDY INTG, REMOTE POWER MODULE Mounted Inside Cab behind Driver Seat; Up to 6 Outputs & 6 Inputs, Max. 20 amp. per Channel, Max. 80 amp Total (Includes 1 Switch Pack With Latched Switches) 7372138102(4) TIRE, REAR 11R22.5 G622 RSD (GOODYEAR) 497 rev/mile, load range G, 14 ply 7702650164(2) TIRE, FRONT 385/65R22.5 UNISTEEL G286A (GOODYEAR) 490 rev/mile, load range J, 18 ply OBD002BATTERY BOX 08TRZ - Battery Box Mounted in Standard Location on RT Frame rail BOC, 8" below Frame Rail OBD003BDY INTG, DASH IND. LT RED 61ACH - HYDl Light, with Buzzer, Alternating Flasher & Fan Speed Logic (Logic and Lights and buzzer installed at TSC) OBD004AUXILIARY HARNESS 08TPE Aux Light Harness on Each Side of Hood on the Frame Rail with Flat Weatherpack Style Plug. Switch in Cab. OBD006MISCELLANEOUS 0001570 TOW HOOK, FRONT (2) Inside Rail, Frame Mounted 8Proposal: 8580-01 Weight SummaryMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) Graphics are provided as visual aids only and are not intended to represent the actual scale, shape, or color of the truck or its components. All weights are represented in lbs. TruckBody/TrailerChassis/Empty Weights Bumper to Axle(BA)29.5Body Length(BL)N/ATractor Front Axle:8,492 Wheelbase(WB)179.00Tractor Rear Axle:4,636 Axle to Frame(AF)63.00 Axle to Back Cab(ABC)83.5 Cab to Axle(CA)95.5 Usable CA95.5 CA Reduction Adjustment0 Fuel (Gals)0 Payloads Before the CabCabChassisBodyAfter the Body #WeightCG#WeightCG#WeightCG#WeightCG#WeightCG 101 LoadsWeight Distribution Payload Weight:0Total Front Axle:8,492 Driver:0Total Rear Axle:4,636 Fuel(lbs):0Total Weight:13,128 Weights and clearances in this proposal are estimates only. Navistar, Inc. is not liable for any consequences resulting from any differences between the estimated weights and clearances and the actual manufactured weights and clearances. 9Proposal: 8580-01 Weight SummaryMay 24, 2010 2011 7600 SFA 4X2 2010 (SA567) Weight Distribution All weights are represented in lbs. Truck Total FrontRear Chassis Weight 13,128 Chassis Weight:8,4924,636 0 Fuel:00 (Curb Weight):8,4924,63613,128 Loads 0 Payloads:00 0 Driver:00 Axle Totals (Gross Weight):8,4924,63613,128 Weight Ratings Truck FrontRear Axle(axle capacity)20,00023,000 Tire(tire capacity)18,74024,700 Suspension(suspension capacity)20,00031,000 Spring:0 Fed Bridge Law (axle spread):20,00020,000 Wheel CombinationLoadLimit 1 - 213,12844,000 Federal Total Vehicle Weight Limit:80,000 Maximum Gross Vehicle Weight Rating (GVWR) 41,740 - Gross Vehicle Weight(GVW) 13,128 = 28,612 Reserves Weight Summary * Distributed weights are within capacity limits 10Proposal: 8580-01 CITY OF SPOKANE VALLEY Request for Council Action Meeting DateCity Manager Sign-off : June 15, 2010 : ________ Item: Check all that apply : consent old business new businesspublic hearing informationadmin. reportpending legislation AGENDA ITEM TITLE : Motion consideration – Authorizing staff to negotiate suspension of Section 13.8and amendment of 13.2of Comcast franchise, Ordinance 09-034 GOVERNING LEGISLATION : Ordinance 09-034 PREVIOUS COUNCIL ACTION TAKEN : Approval of Comcast franchise December 1, 2009; discussion regarding PEG fees February 16, 2010; discussion of PEG fees May 18, 2010; discussion of potential consequences of suspending PEG fee 6-8-10. BACKGROUND : The Council adopted Ordinance 09-034, which approved the franchise between Spokane Valley and Comcast so that Comcast may placeand/or maintainits cable facilities in the City’s right-of-way to operate its’ business. One of the requirements of the franchise (a contract granted by ordinance) is for Comcast to advance the City $150,000 within 90 days of when the franchise is finalized. Comcast would then bill its Spokane Valley customers as set forth below in the indented section. These funds can only be used to pay for television-related capitalneeds for public, educational, and governmental (PEG) entities, and may not be used for television-related operational needs. As currently adopted, the franchise anticipates collection of PEG fees. This was stated as follows by Senior Administrative Analyst Morgan Koudelka in a February 9, 2010 RCA: The amount of funding will be the equivalent of $.35 per subscriber per month. There are approximately 22,000 Comcast subscribers in Spokane valley, resulting in a PEG contribution of $7,700 per month or $92,400 per year. Comcast has agreed to provide an up-front contribution of $150,000 (within 90 days of approval of the franchise agreement). This contribution will be paid back by means of Comcast withholding $.25 of the monthly $.35 contribution until the $150,000 is recouped. At the current subscriber number it would take 27 months for Comcast to recoup the upfront payment. In addition to the $150,000 payment, Comcast will remit the equivalent of $.10 per subscriber per month until the upfront payment is recouped. The City Council recently expressed a desire to negotiate with Comcast onsuspending collection of the PEG fee from Comcast, while preserving the right for the future implementation of PEG fees if so desired. This motion would authorize staff to negotiate with Comcast to suspend collection of the PEG fees from Comcast until some later, unspecified date. If the PEG fees are suspended, and then later implemented, it could impact (reduce) the up- front contribution from Comcast due to the reduced time for recoupment. Based on the presentation by staff June 8, 2010 (see Attached RCAfrom that date),there are potential impacts or risks associated with re-opening of negotiations. Also as discussed June 8, the Council may also want to consider authorizing staff to negotiate a change to Section 13.2 relative to mandatory contracts withPEG channel providers. OPTIONS : (1) authorize staff to negotiate with Comcast to amend Sections 13.2 and 13.8 of the franchise (Ordinance 09-034);(2) do nothing. RECOMMENDED ACTION OR MOTION : If the Council wants to authorize negotiation with Comcast over suspendingcollection of PEG feesand not having mandatory contracts with PEG channel providers, an appropriate motion would look like the following: “I move that we authorize the City Manager or designee to negotiate with Comcast to suspend implementation of Section 13.8 of Ordinance 09-034and provide for City discretion in future re-implementation of PEG fees, and to negotiate whether PEG channel provider contracts under Section 13.2 should be mandatory.” BUDGET/FINANCIAL IMPACTS : The potential loss of PEG capital fees in amounts set forth above, which could be used to finance capital equipment for all PEG providers, Public (CMTV, Educational (CSS, District 81, Eastern Washington University, Washington State University, Gonzaga University, and University of Washington), or Governmental (City broadcasting). STAFF CONTACT : Cary P. Driskell, Deputy City Attorney; Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS : (1) Copy of RCA from June 8, 2010. (2) Portion of franchise showing Sections 13.2 and 13.8. CITY OF SPOKANE VALLEY Request for Council Action Meeting DateCity Manager Sign-off : June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing informationadmin. reportpending legislation AGENDA ITEM TITLE : Administrative Report - Panhandling GOVERNING LEGISLATION : US Constitution, First Amendment; Washington Constitution, Article I, Section 5; SVMC 8.25. PREVIOUS COUNCIL ACTION TAKEN : Numerous meetings by the Council and the temporary Panhandling Committee; Administrative report July 14, 2009; Administrative report August 11, 2009; Administrative Report February 23, 2010. BACKGROUND : The City Council has requested that staff continue looking at potential options for changes to the City Code regarding reasonable restrictions on panhandling. Courtsare regularly asked to review the constitutionality of similar code provisions from communities around the country. As such,what communities can legally enforce changes over time. The following discussion analyzes various approaches the City Council may choose to adopt. The starting point of this discussionis that our state and federal courts have concluded that panhandling is speech and expression that is constitutionally protected. 1. A number of cities have adopted provisions that prohibit panhandling from people that are referred to as a “captive audience.”Examples of this would be panhandling from people who are standing in line at atheatre, or filling their gas tank,or putting groceries in their car. The rationale for such regulations is that the person being solicited is not free to simply leaveas they are doing something that requires they be at that place.The City Council for Spokane Valley was considering such an ordinance in the summerof 2009when a case th was decided by the 9Circuit Federal Court of Appealsthat specifically ruled that “captive audience” regulations were unconstitutional. The proposed ordinance primarily focused on the captive audience concept, with its stated basis being that citizens should not be subject to unwanted solicitation for funds if their free will to leave was being overcome. The Center for Justice reviewed the proposed ordinance, and opined that it would not likely withstand a constitutional challenge if one wereraised. As such, staff recommended that the proposed ordinance be dropped, and that pursuit of the educational program being recommended by a citizen group (along with several Council members) be pursued before anything else was attempted. Staff continues to believe that any attempt to adopt a “captive audience”-based prohibition would likely be thrown out as unconstitutional.The City of Spokane adopted similar provisions prior to the summer of 2009, but areapparentlynot currentlyactively enforcing them in light of the new case law. Staff believes adopting similar provisions would beat highrisk of being held unconstitutional if challenged in court. 16 Page of 2.TheCity previously adopted prohibitions on intentional pedestrian interference with vehicular traffic (SVMC 8.25.030), and aggressive begging (SVMC 8.25.020), both of which are misdemeanors if violated. There are valid, widely recognized public safety reasons for these provisions, including precluding pedestrians from interfering with the flow of traffic.If the validity of these provisions were to be challenged, staff believes they would likely be upheld.In discussions with Cityof Spokane staff, they report that they actively enforce the restrictions on interfering with pedestrian and vehicular traffic. 3. The cities of Issaquah and Tacoma on Washington’s west side have adopted ordinances that are similar, and which prohibit solicitationin certain places within those cities. Copies of code provisions from both cities are included herein as attachments for your review. Staff has spoken severaltimeseachwith their legal counsel. Tacoma – the primary limitation on panhandling is section8.13B.030, Prohibited conduct.It specifies as follows: It is unlawful for any person, while occupying any public property adjacent to any public roadway in the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place. The definition of “solicit” is found at 8.13B.020E, whichstates as follows: “Solicit” and all derivative forms of “solicit” means any conduct or act whereby a person: 1. either orally or in writing, asks for an immediate ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; 2. either orally or in writing, sells or offers for immediate sale goods, services, or publications; 3. distributes without remuneration goods, services, or publications; or 4. solicits signatures on a petition or opinions for a survey. COSVstaff are concerned that Tacoma’s provisions are not constitutional. Under the First Amendment to the U.S. Constitution, “[t]he degree of protection afforded . . . depends in substantial part upon the forum in which the activity is pursued.” ACORN v. th City of Phoenix, 796 F.2d 1260, 1264 (9Cir. 1986). “[S]idewalks, streets, and parks have been recognized as traditional public fora.” Id.“The government may enforce reasonable time, place, and manner regulations provided the restrictions ‘are content- neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.’ [citations omitted.]” Id. at 1265.If the regulation is content-based, then there must be a compelling government interest, and the regulation must be the least restrictive means available to further that compelling th government interest.Berger v. Seattle,569 F.3d 1029, 1036(9Cir. 2009) In applying the legal test to Tacoma’s provision, if it only applies to panhandling, then it is based on what is being communicated. Thus, the regulationiscontentbased, not contentneutral, requiringthestrict scrutinytest.The compelling government interest is to promote greater traffic safety. Tacoma’s panhandling restrictions are likely not the least restrictive means. It is arguable that enforcingprohibitions on interfering with 26 Page of vehicular traffic would be less restrictive in that it would not require limiting individuals’ freedom of speech or expression, and yet would still take care of the traffic safety issues. Even if Tacoma’s code were to be found content-neutral, it would still have to pass the intermediate scrutiny test.“To pass constitutional muster, a time, place, or manner restriction must meet three criteria: (1) it must be content-neutral; (2) it must be ‘narrowly tailored to serve a significant governmental interest’; and (3) it must ‘leave open ample alternative channels for communication of the information.’” Berger v. Seattle,569 F.3d th 1029, 1036 (9Cir. 2009),citingWard v. Rock Against Racism,491 U.S. 781, 791 (1989). Under the intermediate scrutiny standard, there is a significant government interest in promoting traffic safety, but it is arguablynot narrowly tailored because it apparently includes all forms of speech.In order to be narrowly tailored, a restriction on speech may not “burden substantially more speech than is necessary to further the government’s legitimate interests.” Ward v. Rock Against Racism,491 U.S. 781, 799 (1989). In applying this test, courts generally find an ordinance is not narrowly tailored when its speech prohibition reaches instances of speech that pose practically no threat to traffic safety. Examples of this would be when an ordinance “would reach an individual standing well away from the flow of traffic and who merely holds up a sign inviting the occupants of vehicles to drive to a private location to confer,” Comite De Jornaleros De Redondo Beach v. City of Redondo Beach, 475 F.Supp.2d 952, 965 (2006), or an ordinance that would prohibit “children [from] selling lemonade on the sidewalk in front of their home, [or] Girl Scouts [from] selling cookies on the sidewalk outside of their school.” Id. at 966, FN 8. There are good arguments as to why this does not leave open ample alternative channels for communication, since it includes all streets, but that will not be discussed further at this timesince the other portion of the test was not met. Based on this analysis, staff believes that Tacoma’s provisions are not narrowly tailored, and donot believe they would hold up if challenged. Issaquah – The approach under Issaquah is primarily to identify specific intersections where solicitation, including panhandling, is prohibited. The definition of “solicitation” from Issaquah’s Code is listed, along with the prohibitions. “Solicitation” for the purposes of this chapter is any means of asking, begging, requesting, or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. A.It shall be unlawful to solicit at the following places: 1.On-ramp or off-ramp to state route or interstate highway; 2.Within 300 feet of the following intersections and identified in Exhibit A, attached to the ordinance codified in this chapter and incorporated by reference: a.SR 900 and: i.NW Sammamish Road; ii.12th Avenue NW; iii.NW Gilman Boulevard; iv.NW Mall Street; 36 Page of v.NW Maple Street; vi.NW Newport Way; b.E. Lake Sammamish Parkway SE and: i.SE Issaquah Fall City Road; ii.SE 64th Place; iii.229th Avenue SE; c. NW Gilman Boulevard and: i.Front Street North; ii.1st Avenue NW; d.Rainier Boulevard North and: i.NW Juniper Street; ii.NW Holly Street; B.It shall be unlawful for a person to sell, or offer for immediate sale, goods, services or publications, or to distribute items without remuneration, to a person in a vehicle, at the following: 1.On-ramp or off-ramp to state route or interstate highway; 2.Within 300 feet of the street intersections set forth in subsection (A)(2) of this section. In using the same legalanalysis set forth above regarding Tacoma’s code, the definition of “solicitation” isnarrowlydrafted to essentially be restricted to panhandling type activities. The regulationscontained in subsections A and B, together do not appear to becontent- based, as they cover all types of transactions – those that are intended to be a donation (A), and those for value (B).As such, it would likely be found to be content-neutral, rather than content-based. Under a content-neutralanalysis, it would still have to pass the intermediate scrutiny test.“To pass constitutional muster, a time, place, or manner restriction must meet three criteria: (1) it must be content-neutral; (2) it must be ‘narrowly tailored to serve a significant governmental interest’; and (3) it must ‘leave open ample alternative channels th for communication of the information.’”Berger v. Seattle,569 F.3d 1029, 1036(9Cir. 2009),citingWard v. Rock Against Racism,491 U.S. 781, 791 (1989). In applying this test, the regulations appear to be content-neutral, and leave open ample alternative channels. However, it does not appear to be narrowly tailored.In order to be narrowly tailored, a restriction on speech may not “burden substantially more speech than is necessary to further the government’s legitimate interests.” Ward v. Rock Against Racism,491 U.S. 781, 799 (1989). Issaquah’s regulation would preclude a person standing 25 feet back from the edge of the roadway, on private property, from holding a sign requesting to come get your car washed. It would apparently preclude erecting or carrying any business sign advertising goods for sale within 300 feet of the designated intersections. If this were not enforced against businesses, and only against individuals near the right-of-way, then the City could face a challenge not only that it is facially invalid, but that it is also unconstitutional as applied in specific circumstances. It is important to note that neither Tacoma’s nor Issaquah’s provisions hasbeen challenged in court as to whether they are legal under the state or federal constitutions. As such,and for the reasons stated above,we believe if Spokane Valley were to adopt similar panhandling restrictions, there would be at least medium-to-high level of risk that they would not survive a legal challenge. 46 Page of 4. Several Council members have inquired whether the City could implement a permit requirement in order to panhandle. Staff believes such a requirement would not withstand th legal challenge. Both the 9Circuit and US Supreme Courthave used strong language in condemning permit requirements on individuals seeking to exercise free speech in a traditional public forum like rights-of-way. “A permitting requirement is a prior restraint on speech and therefore bears a heavy presumption against constitutionality.”Berger v. th Seattle, 569 F.3d 1029, 1037 (9Cir. 2009). The US Supreme Court stated “[i]t is offensive—not only to the values protected by the First Amendment, but to the very notion of a free society—that in the context of everyday public discourse a citizen must first inform the government of her desire to speak to her neighbors and then obtain a permit to do so.” Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150,165- 66(2002).“Even if the issuance of permits by the mayor’s office is a ministerial task that is performed promptly and at no cost to the applicant, a law requiring a permit to engage in such speech constitutes a dramatic departurefrom our national heritage and constitutional tradition.” Id. at 166. Given these statements by our highest courts, staff recommends not pursuingpermitting requirements for panhandling due to their high risk. 5. Staff recently spoke with the City of Liberty Lake to inquire what they do regarding panhandling. We were informed they don’t enforce any specific laws, and instead asserted that their citizens simply don’t give to panhandlers. This seems to indicate that an educational program aimed at teaching people not to give to panhandlers may be effective. Additionally, staff believes an educational program aimed atmore effective ways to target theirdonations to organizationshas the lowest riskto the City. 6. Staff has drafted a proposed legislative change to City Code for the Council to consider, attached to this RCA as Attachment 3. Considering the legal requirements outlined in this memorandum, we consider this proposal to be moderate risk.In summary, it would prohibit soliciting, which is defined as the request andthe conductof physically contacting the vehicle, from the roadway of on ramps/off ramps of interstate highways and from principal arterials as defined in City Code. A map of what is considered a principalarterial is provided as Attachment 4. This would only precludesolicitation as defined from on the roadway, but not from any sidewalks, which directly addresses the compelling governmental interest of increasing traffic and pedestrian safety. It would also still allow all forms of signage, including commercial, because it would require contact with a vehicle or passenger to constitute a violation.The full legal analysis is as follows: “To pass constitutional muster, a time, place, or manner restriction must meet three criteria: (1) it must be content-neutral; (2) it must be ‘narrowly tailored to serve a significant governmental interest’; and (3) it must ‘leave open ample alternative channels for th communication of the information.’” Berger v. City of Seattle, 569 F.3d 1029, 1036 (9Cir. 2009) quoting Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989). Because the ordinance applies to all types of transactions, it appears content neutral. And since the proposed ordinance still leaves most of the City’s roadways available for solicitation speech, it would likely leave ample alternatives for communication. Further, there is no question that the City has a significant governmental interest in traffic safety. However, it is difficult to state with certainty whether the ordinance is narrowly tailored to servethat interest. In order to be narrowly tailored, a restriction on speech may not “burden substantially more speech than is necessary to further the government’s legitimate interests.” Ward v. Rock Against Racism,491 U.S. 781, 799 (1989). The proposed 56 Page of ordinances aim to narrowly serve the City’s traffic safety interest in two ways. First, a violation requires not only a “solicitation” component, but also a “physical contact” component. This more narrowly prohibits the kind of conduct that actually posestraffic safety and flow risks (e.g., physical pedestrian contact with traffic), while permitting a person to exercise his or her free speech when almost no traffic safety concern is triggered (e.g., holding a sign requesting money, but not making physicalcontact with traffic).“A ban on the actual hand-to-hand exchange of money, for example, is not content-based speech regulation.” Berger v. City of Seattle, 569F.3d at 1051, citing International Society for Consciousness, Inc. v. Lee, 505 US672, 705 (1992) (Kennedy, J., concurring). Second, for a violation to occur, a person must stand on a principal arterial or on an interstate highway on-ramp or off-ramp. This more narrowly serves traffic safety concerns because it still permits activity that failsto trigger traffic safety concerns: for example, a person standing safely on a sidewalk and holding a sign. Simply put, there is not a general ban on soliciting drivers—only on standing in busy roadways to do it while making physical contact with traffic. Although this ordinance seems to be narrowly tailored to address traffic safety interests, we do not know how a court would rule on it. As such, staff views this option as having a medium risk level. The risks to the City associated with adopting codes that are later found unconstitutional should be considered as part of this analysis. All of the codes contemplated by most cities list a violation as being a misdemeanor, subject to up to 90 days in jail and/or up to $1,000 fine. If somebody is arrested and jailed, they could file suitfor damagesand attorney fees, which can be substantial.Sample cases show that damages can be around $50,000or more, plus attorney fees that can be in excess of $100,000.The Council may want to weigh the potential for litigation when making its policy choices. OPTIONS : RECOMMENDED ACTION OR MOTION : BUDGET/FINANCIAL IMPACTS : STAFF CONTACT : Cary P. Driskell, Deputy City Attorney ATTACHMENTS : 1. City of Tacoma panhandling provisions 2. City of Issaquahpanhandling provisions 3. Proposed change to SVMC 8.25, adding a new section 66 Page of Tacoma Municipal CodeProvisions (Adopted in 2007) CHAPTER 8.13B SOLICITATIONS TO OCCUPANTS OF VEHICLES ON PUBLIC ROADWAYS PROHIBITED 8.13B.010 Purpose. 8.13B.020 Definitions. 8.13B.030 Prohibited conduct. 8.13B.040 Evidence. 8.13B.050 Penalty. 8.13B.010 Purpose. 8.13B.010 Purpose. The purpose of this chapter is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation and to provide for vehicular and pedestrian traffic safety. (Ord. 27600 § 5, Exhibit C; passed Apr. 3, 2007) 8.13B.020 Definitions. In this chapter: A.“Goods” means real property, as well as tangible and intangible personal property. B.“Public property” means: 1. any property open or devoted to public use or owned by the City; and 2. any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-way. C. “Roadway” has the meaning given that term inRCW 46.04.500, as currently adopted or as it may be amended in the future. D.“Services” means any work done for the benefit of another person. E.“Solicit” and all derivative forms of “solicit” means any conduct or act whereby a person: 1. either orally or in writing, asks for an immediate ride, employment, goods, services, financial aid,monetary gifts, or any article representing monetary value, for any purpose; 2. either orally or in writing, sells or offers for immediate sale goods, services, or publications; 3. distributes without remuneration goods, services, or publications; or 4. solicits signatures on a petition or opinions for a survey. F.“Vehicle” has the meaning given that term in RCW 46.04.670, as currently adopted or as it may beamended in the future. (Ord. 27600 § 5, Exhibit C; passed Apr. 3, 2007) 8.13B.030 Prohibited conduct. A. It is unlawful for any person, while occupying any public property adjacent to any public roadway in the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, Tacoma Municipal Code Provisions (Adopted in 2007) Page 1 of 2 or services takes place. PROVIDED, that nothing herein shall be construed to prohibit activity authorized pursuant to Tacoma Municipal Code Chapter 11.15, Special Events Permitting Code. B. It is a defense to prosecution under Section 8.13B.030 that the person was: 1. summoning aid or requesting assistance in an emergency situation; or 2. a law enforcement officer in the performance of official duties. (Ord. 27600 § 5, Exhibit C; passed Apr. 3, 2007) 8.13B.040 Evidence. Evidence to support a conviction for a violation of this chapter may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence. (Ord. 27600 § 5, Exhibit C; passed Apr. 3, 2007) 8.13B.050 Penalty. Violation of this chapter shall be a misdemeanor and, upon conviction thereof, a person is subject to a penalty of $1,000, incarceration for up to 90 days, or both a fine and a penalty. (Ord. 27600 § 5, Exhibit C; passed Apr. 3, 2007) Tacoma Municipal Code Provisions (Adopted in 2007) Page 2 of 2 Issaquah Municipal CodeProvisions (Adopted in 2008) Chapter 9.45 REGULATION OF SOLICITATION Sections: 9.45.010 Purpose. 9.45.020Definitions. 9.45.030Coercive solicitation – Prohibited. 9.45.040Time of solicitation. 9.45.050Place of solicitation. 9.45.060Penalties. 9.45.010 Purpose. The purpose of this chapter is to regulate and punish acts of coercive and aggressive begging, and acts of begging that occur at locations or under circumstances specified herein which create an enhanced sense of fear or intimidation in the person being solicited, or pose risk to traffic and public safety. (Ord. 2513 § 1, 2008). 9.45.020 Definitions. A. ”Coercive” means to do the following with intent: 1. To approach, speak or gesture to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with a commission of a criminal act upon the person, another person or property in the person’s possession. 2. To approach within 1 foot of a person for the purpose of making a solicitation without obtaining said person’s initial consent. 3.To persist in a solicitation after the personsolicited has given a negative response. 4. To block the passage of a person, pedestrian traffic, a vehicle or vehicular traffic while making a solicitation. 5. To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to accede to demands. 6.To make any false or misleading representation in the course of making a solicitation. B. ”Solicitation” for the purposes of this chapter is any means of asking, begging, requesting, or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. (Ord. 2513 § 1, 2008). 9.45.030 Coercive solicitation – Prohibited. It shall be unlawful for a person to make coercive solicitation. (Ord. 2513 § 1, 2008). Issaquah Municipal Code Provisions (Adopted in 2008) Page 1 of 2 9.45.040 Time of solicitation. It shall be unlawful to make solicitation to pedestrians on public property after sunset or before sunrise. (Ord. 2513 § 1, 2008). 9.45.050 Place of solicitation. A.It shall be unlawful tosolicit at the following places: 1.On-ramp or off-ramp to state route or interstate highway; 2. Within 300 feet of the following intersections and identified in Exhibit A, attached to the ordinance codified in this chapter and incorporated by reference: a. SR 900 and: i.NW Sammamish Road; ii. 12th Avenue NW; iii. NW Gilman Boulevard; iv. NW Mall Street; v.NW Maple Street; vi. NW Newport Way; b.E. Lake Sammamish Parkway SE and: i.SE Issaquah Fall City Road; ii.SE 64th Place; iii. 229th Avenue SE; c. NW Gilman Boulevard and: i. Front Street North; ii. 1st Avenue NW; d. Rainier Boulevard North and: i.NW Juniper Street; ii.NW Holly Street; B.It shall be unlawful for a person to sell, or offer for immediate sale, goods, services or publications, or to distribute items without remuneration, to a person in a vehicle, at the following: 1.On-ramp or off-ramp to state route or interstate highway; 2. Within 300 feet of the street intersections set forth in subsection (A)(2) of this section. (Ord. 2513 § 1, 2008). 9.45.060 Penalties. Violation of any section of this chapter shall be a misdemeanor, punishable by a fine of up to $1,000 and/or imprisonment for up to 90 days. (Ord. 2513 § 1, 2008). Issaquah Municipal Code Provisions (Adopted in 2008) Page 2 of 2 FOR DISCUSSION PURPOSES ONLY Moderate RiskCOSV Panhandling Ordinance Chapter 8.25 OFFENSES AGAINST PUBLIC PEACE 8.25.010 Anticipatory offenses. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9A.28.020 Criminal attempt. 9A.28.030 Criminal solicitation. 9A.28.040 Criminal conspiracy. (Ord. 46 § 11, 2003). 8.25.020 Aggressive begging (panhandling). A. Any person who engages in aggressive begging in any public place in the City as those terms are defined by this section is guilty of a misdemeanor. B. As used in this section: 1. “Aggressive begging” means to beg with intent to intimidate another person into giving money or goods. 2. “Begging” means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means. 3. “Intimidate” means to coerce or frighten into submission or obedience. 4. “Public place,” for purposes of this section, means any road, alley, lane, parking area, sidewalk or any place, private or otherwise, adopted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of the owner or owners; and any public playground, school grounds, recreation grounds, parks, parkways, park drives, park paths and rights-of-way open to the use of the public. (Ord. 46 § 14, 2003). 8.25.025Solicitation creating traffic safety risks. A. The purpose of this sectionis to promote the City’s fundamental interest in public peace, health, and safety, by regulating acts of solicitation that occur at locations and under circumstances specified herein which pose enhanced risks to vehicular and pedestrian traffic safety. B. As used in this section: 1. “Principal arterial” means roadways identified in the Spokane Valley Comprehensive Plan providing for regional mobility, as indicated by the arterial/road map.It includes medians connected thereto, but not sidewalks, including curbs, connectedthereto. 2. “Solicit”means and requires both of the following: a.Actions whereby a person: i. Either orally or in writing, asks for an immediate ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; ii. Either orally or in writing, sells or offers for immediate sale goods, services, or publications; iii. Distributes without remuneration goods, services, or publications; or 1 FOR DISCUSSION PURPOSES ONLY iv. Solicits signatures on a petition or opinions for a survey. b. Conduct whereby a person makes physical contact with: i. A vehicle stopped or traveling on the roadway; ii. Occupants of a vehicle stopped or traveling on the roadway; or iii. Property that, immediately prior to activity described in (2)(a) of this subsection, was inside or attached to a vehicle stopped or traveling on the roadway. C. No person shall stand on a principal arterial, or on-ramp or off-rampto an interstate highway, and solicit from the occupants of any vehicle. D. Any person who violates this section is guilty of a misdemeanor. E. The following are not violations under this section: 1. Activity authorized pursuant to Chapter 5.15 Special Events or Chapter 6.05 Park Regulations. 2. A person summoning aid or requesting assistance in an emergency situation; or 3. A law enforcement officer in the performance ofofficial duties. 8.25.030 Disorderly conduct. Any person who engages in disorderly conduct is guilty of a misdemeanor. A person engages in disorderly conduct when that person: A.Uses abusive language and thereby intentionally creates a risk of assault; B. Intentionally disrupts any lawful assembly or meeting of persons without authority; C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority; D.Fights by agreement, except as part of an organized athletic event; or E.Enters or remains in any school building, classroom or upon any school ground, or street, sidewalk or public way adjacent thereto, and intentionally causes disruption of the activities of the school. F. As used in this section, “school” has its ordinary meaning and also includes universities, colleges, community colleges and institutions of higher learning. (Ord. 46 § 25, 2003). 8.25.040 Public disturbance. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.27.015 Interference, obstruction of any court building or residence – Violations. 9A.84.010 Riot. 9A.84.020 Failure to disperse. 9A.84.040 False reporting. (Ord. 46 § 45, 2003). 8.25.050 Public nuisances. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 9.66.010 Public nuisance. 9.66.020Unequal damage. 9.66.030Maintaining or permitting nuisance. 9.66.040Abatement of nuisance. 2 FOR DISCUSSION PURPOSES ONLY 9.66.050 Deposit of unwholesome substance. (Ord. 46 § 46, 2003). 8.25.060 Noise disturbance. A. It is unlawful for any person to make, continue, cause to be made, or to allow to originate from real property in the possession of said person, in private rights-of-way, or in public rights-of-way, any sound which creates a noise disturbance. B. For the purposes of this section, the following sounds are declared to be noise disturbances: 1. Sounds created by use of a radio, television set, musical instrument, sound amplifier or any other device capable of producing or reproducing sound, which emanate frequently, repetitively or continuously from any building, structure or property located within a residential area, and which annoy or disturb the peace, comfort or repose of a reasonable person of normal sensitivity; 2. Any other sound occurring frequently, repetitively or continuously which annoys or disturbs the peace, comfort or repose of a reasonable person of normal sensitivity. This section shall not apply to noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way for which a permit has been obtained. Additionally, this section shall not apply to noises produced by dogs, which is addressed in SVMC 6.05.070(K)(4). C.Exemptions. 1. The following shall be exempt from the provisions of this chapter: a. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; b. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; c.Sounds created by surface carriers engaged in commerce or passenger travel by railroad; d. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes or carillons; e. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; f. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; g. Sounds originating from officially sanctioned parades and other public events; h.Sounds emitting from petroleum refinery boilers during startup of the boilers; provided, that the startup operation is performed during daytime hours whenever possible; i.Sounds created by watercraft, except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natural gas transmission and distribution facilities; 3 FOR DISCUSSION PURPOSES ONLY l. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; m. Sounds created in conjunction with the collection of solid wastes; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, and other public recreational facilities during hours of operation; p.Sounds originating from agricultural activities. 2. The following shall be exempt from provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d.Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; e.Sounds created by the installation or repair of essential utility services. 3. The following shall be exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activity; b.Sounds originating from forest harvesting and silvicultural activity; c. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; d. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. D.Violation – Misdemeanor – Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 05-009 § 2, 2005; Ord. 04-030 § 2, 2004). 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2009 : ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE : Justice Assistance Grant 2010 GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City of Spokane Valley has been allocated $44,231as part of the Edward Byrne Memorial Justice Assistance Grant(JAG)Program for the 2010annual award. These funds are designed to support all components of thecriminal justice system. Spokane Valley staff hasrelied on recommendations of the Spokane Valley Police Chiefto identify proposed projects to be funded with the grant.The identified expendituresare as follows. Seven (7) Rugged Notebook Computers $40,705 Ammunition $3,526 OPTIONS: 1.) Authorize application for the JAG grant. 2.) Request amendments to the application. 3.) Deny authorization to submit grant. RECOMMENDED ACTION OR MOTION:Move to authorize the City Managerto submitthe application for the 2010Edward Byrne Memorial Justice Assistance Grant. BUDGET/FINANCIAL IMPACTS :$44,231in grants funds, no match required. STAFF CONTACT :Morgan Koudelka, Senior Administrative Analyst _________________________________________________________________________ ATTACHMENTS:Grant Narrative Memo Summary JAG Allocation JAG Solicitation 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 509.921.1000Fax: 509.921.1008 cityhall@spokanevalley.org Memorandum To:Mike Jackson, Acting City Manager Mayor and Members of Council From:Morgan Koudelka, Senior Administrative Analyst Date:June 15, 2010 Re:Justice Assistance Grant (JAG) Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2010 Application Deadline: June 30, 2010. City of Spokane Valley Eligible Amount: $44,231 Match Required: None Award Period: Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years, for a total grant period of 4 years. Summary: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG-funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Purpose Areas: JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems for criminal justice that will improve or enhance such areas as: •Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. City of Spokane Valley – JAG Grant June 8, 2010 Page 2 of 3 • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Note: The authorizing statute for the JAG Program provides that funds are to be used for the purposes above and notes that these purposes include all of the purposes previously authorized under theEdward Byrne Memorial State and Local Assistance Program (Byrne Formula) and the Local Law Enforcement Block Grant Program (LLEBG). This provision may be useful to applicants in understanding all of the allowable uses under the above purpose areas. For example, relying on this provision, it can be understood that the JAG Purpose Area “Prosecution and court programs” listed above, provides the states and local units of government with the authority to fund defender, judicial, pretrial, and court administration efforts as well as prosecution programs. For a listing of prior Byrne Formula and LLEBG purpose areas, see www.ojp.usdoj.gov/BJA/grant/byrnepurpose.html. Although these two programs have been eliminated, their prior purpose areas may be useful in appreciating the scope of the JAG purpose areas. PrioritiesIdentified by the Department of Justice: Violent Crime Counterterrorism Indigent Defense Alternatives to Incarceration Smart Policing –Evidence-based and data-driven law enforcement Economic Crimes Offender Re-entry Crimes Against Children Responsibilities: The Chief Executive Officer (CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting quarterly financial status (SF-425) and performance metrics reports and annual programmatic reports; and providing ongoing oversight and assistance to any sub recipientsof the funds. City of Spokane Valley Expenditures: Proposed expenditures will be identified in the administrative report on June 15. The City expended the 2009 JAG grant on the following items. Seven (7) Rugged Notebook Computers(go-books) $40,705 Ammunition $3,526 Administrative Funds: A unit of local government may use up to 10 percent of the award, plus any interest accrued, for costs associated with administering JAG funds. Tentative Timeline: June 8:Information item presented to Council with details of award June 15: Administrative Report to Council identifying proposed expenditures June 29:Motion Consideration by Council, authorizing City Manager to apply for JAG grant City of Spokane Valley – JAG Grant June 8, 2010 Page 3 of 3 June 30:Apply for grant with Council approval. Prohibited Uses: No JAG funds may be expended outside of JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essentialto the maintenance of public safety and good order: •Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters). • Luxury items. • Real estate. • Construction projects (other than penal or correctional institutions). • Any similar matters. Non-Supplanting: Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose. Supplanting is prohibited under JAG. Reporting Requirements: Once an award isaccepted, award recipients must submit quarterly financial status (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). To assist in fulfilling the Department’s responsibilities under the Government Performance and Results Act of 1993 (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measures the results of their work. Additionally, applicants must discuss in their application their methods for collecting data for performance measures. Please refer to “What An Application Must Include” (below), for additional information on applicant Quarterly performance metrics reports must responsibilities for collecting and reporting data. be submitted through BJA’s Performance Measurement Tool (PMT) web site: www.bjaperformancetools.org. JAG 2010 Program Narrative for City of Spokane Valley, WA. JAG 2010 Grant Proposal The City of Spokane Valley respectfully submits this joint application in regards to the 2010Edward Byrne Memorial Justice Assistance Grant (JAG). The City of Spokane Valley will act as fiscal agent for the JAG. The City of Spokane Valley participated in a joint application for 2009 with Spokane County and the City of Spokane due to a disparate funding scenario.This year the City is eligible to apply as a non-disparate single jurisdiction. The City’s Grant Accountant and Senior Analyst will be responsible for grant administration details as they relate to acting as fiscal agent, to include disbursement of funds and collecting and submitting financial and performance measure reportsof the JAG funding. Expenditures are tracked through individual budget lines for each federal grant received, which keeps federal funding separate. City of Spokane Valley Projects The Spokane Valley Police Department, on behalf of the City of Spokane Valley, proposes to use their allocation of JAG funds ($44,231) for the grant purpose area of law enforcement programs. This grant funding will be used to purchase seven (7) rugged notebook computers (go-books) at a cost of $40,705 and ammunition at a cost of $3,526. The notebook computers have wireless connections to dispatch and state and federal criminal databases and GPS mapping software. The computers will enhance the efficiency and effectiveness of officers by allowing them review hot spot crime data, scan driver licenses and vehicle registrations to auto-fill reports and citations, referencing policy and procedures, training bulletins, obtain photos of suspects, receive rapid responder information immediately, upload reports to the report system, and utilize intelligence led policing and data.The ammunition will allow officers to receive additional firearm training. Page 1of 1 2010 WASHINGTON JAG ALLOCATIONS Listed below are all jurisdictions in the state that are eligible for a 2010 JAG grant award, as determined by the JAG formula. If your jurisdiction is listed with another city or county government in a shaded area, you are in a funding disparity. In this case, the units of local government must develop a Memorandum of Understanding (MOU) and apply for an award with a single, joint application. Finding your jurisdiction: (1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county. (2) Eligible single jurisdictions are listed alphabetically below the shaded, disparate groupings. on Jit Application Formula-based (Disparate) StateJurisdiction NameGovernment TypeIndividual Award Amounts (¹) Amounts WABENTON COUNTYCounty* WAKENNEWICK CITYMunicipal$39,632 WARICHLAND CITYMunicipal$15,812$55,444 WACHELAN COUNTYCounty* WAWENATCHEE CITYMunicipal$14,778$14,778 WACLALLAM COUNTYCounty* WAPORT ANGELES CITYMunicipal$11,523$11,523 WACLARK COUNTYCounty$41,337 WAVANCOUVERCITYMunicipaluncpa$95,541$136,878 WAVANCOUVERCITYMiil$95541$136878 WACOWLITZ COUNTYCounty* WAKELSO CITYMunicipal$11,058 WALONGVIEW CITYMunicipal$22,219$33,277 WAFRANKLIN COUNTYCounty* WAPASCO CITYMunicipal$24,544$24,544 WAKING COUNTYCounty$97,711 WASEATTLE CITYMunicipal$582,135$679,846 WALEWIS COUNTYCounty* WACENTRALIA CITYMunicipal$14,675$14,675 WAPIERCE COUNTYCounty$178,681 WATACOMA CITYMunicipal$317,782$496,463 WASPOKANE COUNTYCounty$43,043 WASPOKANE CITYMunicipal$200,022$243,065 WAWALLA WALLA COUNTYCounty* WAWALLA WALLA CITYMunicipal$19,532$19,532 WAYAKIMA COUNTYCounty$18,809 WAYAKIMA CITYMunicipal$74,356$93,165 WAAUBURN CITYMunicipal$42,784 WABELLEVUE CITYMunicipal$25,319 WABELLINGHAM CITYMunicipal$29,143 WABREMERTON CITYMunicipal$51,155 WABURIEN CITYMunicipal$28,885 WADES MOINES CITYMunicipal$17,052 WAEVERETT CITYMunicipal$90,426 WAFEDERAL WAY CITYMunicipal$48,623 WAGRANT COUNTYCounty$12,298 WAKENT CITYMunicipal$84,277 WAKIRKLAND CITYMunicipal$13,176 WAKITSAP COUNTYCounty$92,803 WALACEY CITYMunicipal$14,313 WALAKEWOOD CITYMunicipal$79,730 WALYNNWOOD CITYMunicipal$19,429 WAMARYSVILLE CITYMunicipal$13,176 WAMASON COUNTYCounty$19,635 WAMOSES LAKE CITYMunicipal$13,125 WAMOUNT VERNON CITYMunicipal$12,608 WAOLYMPIA CITYMunicipal$21,495 WAPORT ORCHARD CITYMunicipal$10,334 WAPUYALLUP CITYMunicipal$20,307 WAREDMOND CITYMunicipal$10,696 WARENTON CITYMunicipal$42,164 WASEATAC CITYMunicipal$23,511 WASHORELINE CITYMunicipal$18,240 WASKAGIT COUNTYCounty$12,763 WASNOHOMISH COUNTYCounty$92,338 y$, WASPOKANE VALLEY CITYMunicipal$44,231 WATHURSTON COUNTYCounty$44,076 WATUKWILA CITYMunicipal$26,766 WAUNIVERSITY PLACE CITYMunicipal$14,210 WAWHATCOM COUNTYCounty$21,340 Local total$2,933,618 State award$5,497,422 Grand total for Washington$8,431,040 * Counties that have an asterisk (*) under the “Formula-Based Individual Amounts" column did not submit the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU is provided online at: http://www.ojp.usdoj.gov/BJA/grant/jag10/10JAGMOU.pdf. ¹Formula-Based Individual Amounts - Disparate jurisdictions do not need to abide by the listed individual amounts which are provided for information only. Jurisdictions in a funding disparity are responsible for determining individual allocations within the Joint Application Award Amount and for documenting individual allocations in the MOU. Additional JAG Frequently Asked Questions can be found on the BJA JAG web page at: http://www.ojp.usdoj.gov/BJA/grant/jag.html. OMB No. 1121-0329 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance TheU.S. Department of Justice,Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department’s mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation Eligibility Applicants are limited to units of local government appearing on the FY 2010 JAG Allocations List. To view this list, go to www.ojp.usdoj.gov/BJA/grant/10jagallocations.html.For JAG program purposes, a unit of local government is: a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribe that performs law enforcement functions (as determined by the Secretary of the Interior and published in the Federal Register). Otherwise a unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means a district attorney or parish sheriff. In the District of Columbia or any United States Trust Territory, a unit of local government is any agency of the District of Columbia or federal government performing law enforcement functions for the District of Columbia or Trust Territories of the United States. Deadline This application must be submitted through OJP’s Grants Management System (GMS). Registration with OJP’s Grant Management System (GMS) is required prior to application submission. (See “How to Apply,” page 6.) All applications are due by 8:00 p.m. eastern time on June 30, 2010 (See “Deadlines: Registration and Application,” page 1.) Contact Information For technical assistance with submitting the application, contact the Grants Management System Support Hotline at 1–888–549–9901, option 3, or via e-mail to GMS.HelpDesk@usdoj.gov. Note: The GMS Support Hotline hours of operation are Monday–Friday from 6:00 a.m. to 12 midnight eastern time, except federal holidays. For assistance with the requirements of this solicitation, contact your State Policy Advisor: . www.ojp.usdoj.gov/BJA/resource/ProgramsOffice.pdf Release date: April 26, 2010 CONTENTS Overview 1 Deadlines: Registration and Application 1 Eligibility 1 JAG Program—Specific Information 1 How to Apply 6 What an Application Must Include: 7 Standard Form 424 Program Narrative Budget and Budget Narrative Review Narrative Abstract Review Process 8 Additional Requirements 9 Application Checklist 10 OMB No. 1121-0329 ii Approval expires 02/28/13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program CFDA #16.738 Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG-funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Deadlines: Registration and Application Registration is required prior to submission. The deadline to register in GMS is 8:00 p.m. eastern time on June 30, 2010 and the deadline for applying for funding under this announcement is 8:00 p.m. eastern time on June 30, 2010. Please see the “How to Apply” section, page 6, for more details. Eligibility Please refer to the cover page of this solicitation for eligibility under this program. JAG Program—Specific Information All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Established to streamline justice funding and grant administration, the JAG Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Formula The Bureau of Justice Statistics (BJS) calculates, for each state and territory, a minimum base allocation which, based on the Congressionally mandated JAG formula, can be enhanced by (1) the state’s share of the national population, and (2) the state’s share of the country’s Part 1 violent crime statistics. Once the state funding is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local government (please note that the territories and District of Columbia are exempt from this part of the formula). Eligible state/territory recipients are entitled to the previously mentioned 60 percent state allocation plus any funds designated for the state’s units of local government whose direct allocation would be less than $10,000. Funds from these “less than $10,000 jurisdictions” are added to the state allocation and must be distributed by the state to state police departments OMB No. 1121-0329 1 Approval expires 02/28/13 that provide criminal justice services to units of local government and units of local government that were not eligible for a direct award of $10,000 or more. In addition, the formula then calculates direct allocations for local governments within each state, based on their share of the total violent crime reported within the state. Local governments entitled to at least $10,000 awards may apply directly to BJA for local JAG grants. States also have a variable percentage of the allocation that is required to be “passed through” to units of local government. This amount, also calculated by BJS, is based on each state’s crime expenditures. Updated Variable Pass-through percentages (VPT), which State Administering Agencies (SAA) are required to use in the administration of Fiscal Year 2010 JAG awards, can be found at: www.ojp.usdoj.gov/BJA/grant/jag10/10JAGvpt.pdf. Award Amount Eligible award amounts under JAG are posted annually to BJA’s JAG web page: www.ojp.usdoj.gov/BJA/grant/jag.html. Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems for criminal justice that will improve or enhance such areas as: Law enforcement programs. Prosecution and court programs. Prevention and education programs. Corrections and community corrections programs. Drug treatment and enforcement programs. Planning, evaluation, and technology improvement programs. Crime victim and witness programs (other than compensation). Note: The authorizing statute for the JAG Program provides that funds are to be used for the purposes above and notes that these purposes include all of the purposes previously authorized under the Edward Byrne Memorial State and Local Assistance Program (Byrne Formula) and the Local Law Enforcement Block Grant Program (LLEBG). This provision may be useful to applicants in understanding all of the allowable uses under the above purpose areas. For example, relying on this provision, it can be understood that the JAG Purpose Area “Prosecution and court programs” listed above, provides the states and local units of government with the authority to fund defender, judicial, pretrial, and court administration efforts as well as prosecution programs. For a listing of prior Byrne Formula and LLEBG purpose areas, see . Although these two programs have been www.ojp.usdoj.gov/BJA/grant/byrnepurpose.html eliminated, their prior purpose areas may be useful in appreciating the scope of the JAG purpose areas. Priorities BJA recognizes that the downturn in the economy has resulted in significant pressures on state and local criminal justice systems. In these challenging times, all of DOJ, and especially OJP and BJA, wish to ensure that local JAG recipients are aware of several areas of national focus and priority for DOJ that may be of help in maximizing the effectiveness of the Byrne/JAG funding at the state and local level. As an overall framework for success, we encourage comprehensive justice planning, bringing all of the system stakeholders together, including law enforcement, courts, prosecutors, defenders, OMB No. 1121-0329 2 Approval expires 02/28/13 corrections officials, and other stakeholders to create a comprehensive and strategic justice plan to ensure coordination and a more effective justice system. As a part of this strategic planning process, we strongly encourage state and local planners to consider programs that are evidence-based and have been proven effective; in a difficult budgetary climate, it is critical that dollars are spent on programs whose effectiveness is proven. However, we recognize that state and local programs can also be wonderful laboratories for innovative programs that can be models for other states and localities addressing difficult problems. BJA has made resources available to state administering agencies and others to provide training and technical assistance in identifying and using evidence-based practices as the outcome of a comprehensive and strategic justice plan in the state or local community. In addition to these overarching considerations, and in addition to our longstanding and unwavering commitment to keeping violent crime at its lowest level in decades, the following priorities represent key areas where we will be focusing nationally and invite each state to join us in addressing these challenges as a part of our Justice Assistance Grants partnership. A key priority for the Department of Justice and, indeed, the entire Administration, is effective counterterrorism and terrorism prevention programs. We recognize that state and local law enforcement are critical partners in detecting, identifying, preventing, and disrupting acts of violence against the United States by both domestic and international extremist organizations. Preventing terrorism remains the first goal of the Department of Justice’s strategic plan and remains a priority for BJA. Another key priority area is ensuring that justice is truly done in the criminal justice system—the Attorney General has consistently stressed that the crisis in indigent defense reform is a serious concern of his, a concern which is shared by OJP and BJA. As a former prosecutor and judge, however, the Attorney General is also acutely aware that without adequate funding for the courts, prosecution, problem-solving courts, and other innovative, cost-saving alternatives to incarceration, true justice cannot be achieved. As important as a well-functioning court system is “Smart Policing”—evidence-based and data- driven law enforcement efforts that allow agencies to maximize their resources and more efficiently target emerging and chronic crime problems, hopefully preventing crimes before they occur and ultimately lessening the burden on the courts and the justice system overall. As our economy shows signs of recovery, it is essential that we not allow this progress to be thwarted by economic crime, including mortgage fraud, financial crimes, fraud, and intellectual property crimes that threaten our economic growth and stability. In order to lessen the burden on what has been described as an overreliance on incarceration, it is essential that those who have served time can transition back into the community and into crime-free pro-social lives. To do this, we will emphasize smart and effective approaches to offender reentry and will support statewide and local efforts in justice reinvestment, which reduces costly spending on incarceration and reinvests a portion of the savings into other areas of the justice system without sacrificing accountability. Last, but certainly not least, we must ensure that, in the context of our continued focus on addressing violent crime, children who are exposed to violence are responded to effectively so that these experiences do not risk the futures of these children and do not fuel the cycle of violence. OMB No. 1121-0329 3 Approval expires 02/28/13 These priorities and others will be the focus of our efforts during FY 2010, and we invite you as a partner and grantee to join us in our efforts to address these critical issues. Responsibilities The Chief Executive Officer (CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting quarterly financial status (SF-425) and performance metrics reports and annual programmatic reports; and providing ongoing oversight and assistance to any subrecipients of the funds. Administrative Funds A unit of local government may use up to 10 percent of the award, plus any interest accrued, for costs associated with administering JAG funds. Disparate Certification A disparate allocation occurs when a city or municipality is allocated one-and-one-half times (150 percent) more than the county, while the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality’s Part 1 violent crimes. A disparate allocation also occurs when multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality’s Part 1 violent crimes. joint Jurisdictions certified as disparate must identify a fiscal agent that will submit a application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds, must be completed, and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to Failure to submit a singed MOU may www.ojp.usdoj.gov/BJA/grant/jag10/10JAGMOU.pdf. result in the attachment of a withholding special condition at the time of award, preventing the draw-down of funds until the required information is submitted. Governing Body Review The applicant agency (fiscal agent in disparate situations) must make the grant application available for review by the governing body (or to the organization designated by the governing Failure to submit a body) not fewer than 30 days before the application is submitted to BJA. review narrative including the required governing body notification information may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Public Comment The applicant agency (the fiscal agent in disparate situations) must include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and to neighborhood or community-based Failure to submit a review narrative including the required public comment organizations. OMB No. 1121-0329 4 Approval expires 02/28/13 information may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Supplanting Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose. Supplanting is prohibited under JAG. Length of Awards Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years, for a total grant period of 4 years. Extensions beyond this period may be made on a case-by-case basis at the discretion of the Director of BJA and must be requested no less than 30 days prior to the grant end date via the Grants Management System (GMS) . Trust Fund Award recipients may drawdown JAG funds in advance. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest-bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. Prohibited Uses No JAG funds may be expended outside of JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters). Luxury items. Real estate. Construction projects (other than penal or correctional institutions). Any similar matters. Reporting Requirements Once an award is accepted, award recipients must submit quarterly financial status (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). To assist in fulfilling the Department’s responsibilities under the Government Performance and Results Act of 1993 (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measures the results of their work. Additionally, applicants must discuss in their application their methods for collecting data for performance measures. Please refer to “What An Application Must Include” (below), for additional information on applicant Quarterly performance metrics reports must responsibilities for collecting and reporting data. be submitted through BJA’s Performance Measurement Tool (PMT) web site: . www.bjaperformancetools.org OMB No. 1121-0329 5 Approval expires 02/28/13 Budget Information Match Requirement While match is not required with the JAG Program, match can be used as an effective strategy for states and units of local government to expand justice funds and build buy-in for local criminal justice initiatives. How to Apply Applications will be submitted through OJP’s Grants Management System (GMS).GMS is a web-based, data-driven computer application that provides cradle to grave support for the application, award, and management of grants at OJP. Applicants should begin the process immediately to meet the GMS registration deadline, especially if this is the first time they have used the system. Complete instructions on how to register and submit an application in GMS can be found at www.ojp.usdoj.gov/gmscbt/. If you experience technical difficulties at any point during this process, please email the GMS.HelpDesk@usdoj.gov or call 1-888-549-9901 (option 3), Monday-Friday from 6:00 a.m. to 12 midnight eastern time, except federal holidays. The Office of Justice Programs highly recommends starting the registration process as early as possible to prevent delays in the application submission by the specified deadline. All applicants are required to complete the following six steps, before an application can be sub mitted through GMS: Acquire a DUNS Number. 1.(Data Universal Numbering System) A DUNS number is . required to submit an application in GMS The Office of Management and Budget requires that all businesses and nonprofit applicants for Federal funds include a DUNS number in their application for a new award or renewal of an existing award. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of entities receiving Federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and sub-recipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Obtain a DUNS number by calling 1-866-705-5711 or by applying online at www.dunandbradstreet.com. Individuals are exempt from this requirement. Acquire or Renew Registration with the Central Contractor Registration (CCR) 2. Database. CCR registration is required to receive funding. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the CCR database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. Organizations that have previously submitted applications via Grants.gov are already registered with CCR, as it is a requirement for Grants.gov registration. If you have previously registered with CCR, your registration must be updated or renewed at least once per year to maintain an active status. Information about CCR registration procedures can be accessed atwww.ccr.gov. Acquire a GMS Username and Password 3.. If you are a new user, please create a GMS profile by selecting the first time user link under the sign-in box of the GMS home page. For more information on how to register in GMS, go to www.ojp.usdoj.gov/gmscbt/. Search for the Funding Opportunity on GMS. 4. After you log in to GMS or complete your GMS profile for your username and password, go to the Funding Opportunities link on the OMB No. 1121-0329 6 Approval expires 02/28/13 left hand side of the page. Please select BJA and the Edward Byrne Memorial Justice Assistance Grant (JAG) Program—Local Solicitation. Select the Apply Online Button Associated with the Solicitation Title. 5.The search results from step 4 will display the solicitation title along with the Registration and Application Deadlines for this funding opportunity. Please select the Apply Online button in the Action Column to create an application in the system. Submit an Application Consistent with this Solicitation by Following the Directions in 6. GMS. Once the application is completed and submitted, GMS will display a confirmation Important:You are urged to submit your screen stating your submission was successful. application at least 72 hours prior to the application deadline. Note: OJP’s Grants Management System (GMS) does not accept executable file types as application attachments . These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dll," ".ini," ".log," ".ora," ".sys," and ".zip." Experiencing Unforeseen GMS Technical Issues If you experience unforeseen GMS technical issues beyond your control which prevent you from submitting your application by the deadline, you should immediately contact the GMS Help Desk at 1-888-549-9901, option 3 to report the difficulties and obtain a GMS Help Desk Tracking within 24 hours after the deadline number. Additionally, you must contact BJA staff and request approval to submit your application. At that time, BJA staff will require you to email the complete grant application, your DUNS number, and provide a GMS Help Desk tracking number(s). After the program office reviews all of the information submitted, and validates with the GMS Helpdesk the technical issues you reported, OJP will contact you to either approve or deny your request to submit a late application. If the technical issues you reported cannot be validated, your late application will not be accepted. The following conditions are notvalid reasons to permit late submissions: (1) failure to begin the registration process and apply for a DUNS number and/or complete the CCR registration in sufficient time; (2) failure to follow GMS instructions on how to register and apply as posted on its website; (3) failure to follow all of the instructions in the OJP solicitation; and (4) technical issues experienced with the applicant’s computer or information technology (IT) environment. Notifications regarding known technical problems with GMS are posted on the OJP funding web page,www.ojp.usdoj.gov/funding/solicitations.htm. What an Application Must Include This section describes what an application is expected to include and sets out a number of elements. Applicants should anticipate that failure to submit an application that contains all of the specified elements may negatively affect the review of the application and, should a decision nevertheless be made to make an award, may result in the inclusion of special conditions that preclude access to or use of award funds pending satisfaction of the conditions. OJP strongly recommends use of appropriately descriptive file names (e.g., “Program Narrative,” “Budget and Budget Narrative,” “Memoranda of Understanding,” etc.) for all required attachments. OMB No. 1121-0329 7 Approval expires 02/28/13 Standard Form 424 Please see www07.grants.gov/assets/SF424Instructions.pdf for instructions on how to complete your SF-424. Program Narrative (Attachment 1) must Applicants submit a program narrative that generally describes the proposed program activities for the four year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds. joint application Certified disparate jurisdictions submitting a must specify the funding distribution to each disparate unit of local government and the purposes for which the funds will Failure to submit an appropriate program narrative may result in the attachment be used. of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Budget and Budget Narrative (Attachment 2) must Applicantssubmit a budget and budget narrative outlining how JAG funds, including administrative funds if applicable, will be used to support and implement the program. This narrative should include a full breakdown of administrative costs, as well as an overview of how funds will be allocated across approved JAG purpose areas. Applicants should utilize the following approved budget categories to label the requested expenditures: Personnel, Fringe Benefits, Travel, Equipment, Supplies, Consultants/Contracts, and an Other category. For informational purposes only, a sample budget form may be found at Failure to submit an appropriate budget www.ojp.usdoj.gov/funding/forms/budget_detail.pdf. and budget narrative may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Review Narrative (Attachment 3) must Applicantssubmit information documenting that the date the JAG application was made available for review to the governing body, or to an organization designated by that governing body, on a date not less than 30 days before the application was submitted to BJA. The attachment must also specify that an opportunity to comment was provided to citizens to the Failure to extent applicable law or established procedures make such opportunity available. submit an appropriate review narrative may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Abstract (Attachment 4) are requested to Applicants provide an abstract that includes the applicant's name, title of the must project, goals of the project, and a description of the strategies to be used. The abstract not exceed a half-page, or 400-500 words. Review Process OJP is committed to ensuring a fair and open process for awarding grants. The Bureau of Justice Assistance reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. OMB No. 1121-0329 8 Approval expires 02/28/13 Absent explicit statutory authorization or written delegation of authority to the contrary, all final grant award decisions will be made by the Assistant Attorney General (AAG). Additional Requirements Applicants selected for awards must agree to comply with additional legal requirements upon acceptance of an award.We strongly encourage you to review the information pertaining to these additional requirements prior to submitting your application. Additional information for each can be found at www.ojp.usdoj.gov/funding/other_requirements.htm. Civil Rights Compliance Faith-Based and Other Community Organizations Confidentiality and Human Subjects Protection (if applicable) Anti-Lobbying Act Financial and Government Audit Requirements National Environmental Policy Act (NEPA) (if applicable) DOJ Information Technology Standards (if applicable) Single Point of Contact Review Nonsupplanting of State or Local Funds Criminal Penalty for False Statements Compliance with Office of Justice Programs Financial Guide Suspension or Termination of Funding Nonprofit Organizations For-Profit Organizations Government Performance and Results Act (GPRA) Rights in Intellectual Property Federal Funding Accountability and Transparency Act (FFATA) of 2006 Awards in excess of $5,000,000 – federal taxes certification requirement OMB No. 1121-0329 9 Approval expires 02/28/13 Application Checklist FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Solicitation The application checklist has been created to aid you in developing your application. Eligibility Requirement: _____ The jurisdiction listed as the legal name on the application corresponds with the eligible jurisdiction listed on BJA’s JAG web page _____ The federal amount requested is within the allowable limit of the FY 2010 JAG Allocations List as listed on BJA’s JAG web page The Application Components: _____ Program Narrative _____ Budget and Budget Narrative _____ Review Narrative (the date the JAG application was made available to the governing body for review and that it was provided to the public for comment) _____ Abstract _____ Memorandum of Understanding (MOU), if in a funding disparity Program Narrative Format: _____ Double-spaced _____ 12-point standard font _____ Not less than 1” margins Abstract Format: _____ 12-point standard font _____ Not less than 1” margins _____ ½ page or less Other: _____ Standard 424 Form _____ DUNS Number _____ CCR Registration OMB No. 1121-0329 10 Approval expires 02/28/13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing informationadmin. reportpending legislation executive session AGENDA ITEM TITLE: City Manager Selection Process GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN : Council has received applications for the position of City Manager BACKGROUND: Council will discuss the process they wish to follow in the selection of a City Manager. OPTIONS: Council discussion RECOMMENDED ACTION OR MOTION: Agree on a process BUDGET/FINANCIAL IMPACTS : STAFF CONTACT : John Whitehead ___________________________________________________________________________ ATTACHMENTS : CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: City Finances – Background Information for the 2011 Budget GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OnApril 7, 2010, Council received a Memorandum from Mike Jackson regarding the 2011 Budget preparation process withtimeline. TheJune 1, 2010 Agenda Packet includeda copy of that Memorandum and a copy of a Powerpoint presentationproviding background information andageneral overview pertaining to the City’s finances and the 2011 Budget. This information is inpreparation forthe Budget Retreat on July 13, 2010. OPTIONS: RECOMMENDED ACTION OR MOTION: Present the slides, with discussion, pertaining to the 2011 Budget and the City’s finances. BUDGET/FINANCIAL IMPACTS : STAFF CONTACT :Mike Jackson and Ken Thompson ___________________________________________________________________________ ATTACHMENTS :Powerpoint presentation CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Admin Report: Report discussing the Mixed Use Avenue District Zone withintheSprague and Appleway Subarea Plan. GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN:N/A BACKGROUND: The Council has requested that the Sprague/Appleway Sub-area Plan be revisited zone by zone with property owners involved in the process. The attached report is the third zone districtto be reviewedas part of the comprehensive review process.Council previously reviewed the Gateway Commercial Center and Gateway Commercial Avenue District zones. A community meeting to discuss the Mixed Use Avenue zone areas is scheduled for June 24, 2010 from 8 am to 10 am in Council Chambers. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS : Not Applicable STAFF CONTACT :Scott Kuhta, AICP, Associate Planner, Community Development Dept. ___________________________________________________________________________ ATTACHMENTS Staff Reportand Powerpoint Presentation 2010 Ó·¨»¼ Ë» ߪ»²«» Ʊ²·²¹ Ü·¬®·½¬ λª·»© ݱ³³«²·¬§ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ Ý·¬§ ±º Í°±µ¿²» Ê¿´´»§ êñïëñîðïð Planning Division This report provides information to assistCityCouncil, the public, and property owners to understand the regulations applicable to theMixed Use Avenue Zoning District(MUA), adopted as part of the Sprague and Appleway Corridors Subarea Plan (SARP).Thisreport identifies and compares the zoning districts and uses allowed prior to the SARP,effectiveOctober 2009,andprior to the Spokane Valley Municipal Code (SVMC) which became effective October 2007.Non-conforming uses created under the existing zoningclassificationsare identified and regulations pertaining to those non-conforming usesare discussed. Finally, the report provides an overview of site developments, architectural and signage regulations. Ѫ»®ª·»© ±º ¬¸» Ó·¨»¼ Ë» ߪ»²«» Ü·¬®·½¬ Ʊ²» Ô±½¿¬·±² The Mixed Use Avenue Zoning Districtis located in segments along Sprague Avenue between Dishman-Mica and Sullivan Road.These areas are characterized by general retail sales,auto sales lots, mini storage, office uses and vacant lots.The Mixed Use Avenue zone is shown in orange on the Sprague Appleway Zoning Map (see Figure 1). Figure 1: Sprague Appleway Zoning Ù¿¬»©¿§ ݱ³³»®½·¿´ ߪ»²«» ¿²¼ Ù¿¬»©¿§ ݱ³³»®½·¿´ Ý»²¬»® λª·»© λ°±®¬ п¹» î May 20, 2010 Ó·¨»¼ Ë» ߪ»²«» Ʊ²» Ü»½®·°¬·±² The Mixed Avenue zoning district is designed to support retail uses that are compatible with office and residential uses. The Subarea Plans states that the character of new office, lodging and “Medium Box’ retail sales and servicesis compatiblewith housing in building form and site development. The MUA zone allows retailon properties fronting Sprague Avenue. Permitted uses on “Other” streets include office,light industrial,civic and residential. Retailmust be located on and oriented towards Sprague Avenue, transitioning to the primarily residential development behind. Ʊ²·²¹ Ø·¬±®§ Since incorporation in 2003, the Sprague Appleway corridor has been regulated by three separate zoning codes, herein referred to as Interim Zoning, Pre-SARP Zoning and SARP Zoning. Figure 2 shows the history of zoning for properties within the MUAareas. Following is a general discussion of the uses permitted within the area currently zoned MUA under the SARP. SARP Zoning - Mixed Use Avenue PermittedUses: Figure2: Zoning History General uses allowed in the MUA zone include “medium box” sales and services which are stores that sell large sale goods such as furniture, applianceshardware and home improvement Ю»óÍßÎÐ ÍßÎÐ stores. Warehouse size “big box” stores, suchas Costco,are ײ¬»®·³ Ʊ²·²¹ also permitted. Other retail uses include fast food restaurants, Ʊ²·²¹ Ʊ²·²¹ gas stations/auto repair, convenience stores, pawn shops, øÛ¨·¬·²¹ øÒ±ª îððéó check cashing stores and casinos. øîððíóîððé÷ Ʊ²·²¹÷ ѽ¬ îððç÷ The MUAzone also permits light industrial, office and high density residential uses. λ¹·±²¿´ Pre-SARP Zoning Þóî ݱ³³»®½·¿´ Prior to the effective date of the SARP, thezoning forthe ݱ³³«²·¬§ properties in the discussion area were consistent with the City ݱ³³»®½·¿´ of Spokane Valley’sComprehensive Plan, adopted April 26, Þóí 2006(see Figure 3: Pre-SARP Zoning Map). The effective ݱ®®·¼±® date for the City Zoning was October 28, 2007. Zoning Ó·¨»¼ Ë» districts implemented throughout the discussion area from ×óî October 2007 to October 2009 included the following Ó·¨»¼ Ë» Ù¿®¼»² districts: ߪ»²«» Ѻº·½» ËÎóíòë Regional Commercial:Allows a large range of commercial ݱ³³«²·¬§ and business usesthat draw customers from the region rather Ú¿½·´·¬·» than a limited trade area ËÎóé ÓÚóï Community Commercial: Small scale retail, service and office establishments to serve several neighborhoods; ËÎóîî Community Facilities: Civic, cultural, educational, and ÓÚóî institutional uses that address social needs. The Community Facilitieszoning district was removed through the 2009 Comprehensive Plan Amendment process. An accompanying amendment to the Spokane Valley Municipal Code (SVMC) was made allowing these uses in all zones. Garden Office: Low rise office development with limited commercial and retail uses. MF-1 and MF-2: Medium and High Density residential, 12 to 22 units per acre. Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» í June 15, 2010 Figure 3: Pre-SARP Zoning Map InterimZoning Upon incorporation in 2003, the City adopted Spokane County’s zoning on an interim basis(see Figure 4: Interim Zoning Map). This zoning was effective from 2003 to October 2007.Zoning districts implemented throughout the discussion area include the following: B-1, Neighborhood Business: Small scale retail, services and office uses serving the immediate neighborhood. B-2, Community Business:Various retail, service, and office uses grouped at one location serving several neighborhoods B-3, Regional Business: Wide range of retail and service activities that serve the county at large and greater areas; I-2, Light Industrial: Processing, fabrication, light assembly, freight handling and similar non-offensive operations UR-22, Urban Residential:High density residential zone that allows offices; generally used as a transitionzone; UR-7: Medium density residential zone that allows single family, duplexes, manufacturedhome parks and multi- family; UR-3.5:Low density single family residential Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» ì June 15, 2010 Figure 4: Interim Zoning Map Ʊ²» Ë» ݱ³°¿®·±² In order to understand the impact of the three generations of zoning districts,a zoning use table was prepared that identifies and categorizes the uses allowed under the SARP, Pre-SARP, and the Interim Zoning Districts(see Attachment 1, Use Chart Comparison). This table compares thethree generations of zoning districts in order to identify consistently allowed uses, additional uses allowed, and uses no longer allowed. As noted, the previous zoning districts ranged from different intensities of commercial, office and residential uses, and under the Interim Zoning included some industrial uses. Many retail uses permitted under the Interim and Pre-SARP zoning are still permitted under the MUA zone. The main difference is that personal services uses, such as barber shops, exercise facilities and salons are no longer permitted. These uses are directed to the Neighborhood Centers and the City Center. Similarly, banks, vehicle sales (boats, autos, motorcycles)and full services restaurants are not permitted within the SARP’s MUA zone. (Note that a code amendment to permit vehicle sales and restaurants in the MUA zone is pending). Another significantdifference between Mixed Use Avenue zone and Interim B-1, B-2 and B-3 zones inherited from Spokane County is that residential uses are now permitted on the ground floor wherethe B-1, B-2 and B-3 zones only allowed retail or office uses on the groundfloor.The Sprague Appleway plan recognizes that the supply of land zoned for retail exceeds the anticipated demand over the next 20 years. AnEconomic Analysis conducted by EcoNorthwest in 2006, and reconfirmed in 2010, reports that the corridor has the capacity for an addition 1.8 million square feet of commercial space over the next 20 years, or 90,000 square feet per year. The demand for new commercial space is estimated atonly 50,000 square feet per year, resulting in lower land values due to over- supply. Therefore, the SARPencourages residential and office uses to integrate into the corridor over time and the regulations permit ground floor residential uses. Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» ë June 15, 2010 The Sprague corridor does have some industrial uses that were previously allowed under Interim zoning. A review of the light industrial uses indicates that many of those uses allowed under the Pre-SARP zoning and the Interim zoning are still allowed in the Mixed Use Avenue Zone. However, uses associated with manufacturing, processing, fabrication, solid waste transport or processing, industrial equipment sales, service and repair, which are more typical of industrial uses, are not allowed. Lodging uses appear to have been limited under the Interim zones, allowed in most of the pre-SARP zones and in the Mixed Use Avenue zone. Ò±²ó½±²º±®³·²¹ Ë» Existing legal uses that became non-conforming upon adoption of the SARP are now considered legal non- conforming uses. Earlier this year staff conducted a field inventory of land uses located within theSARP area to determine the number of non-conforming uses(see Attachment 2, Non-conforming Use Map). Approximately 35% of the uses within the MUAzone are non-conforming. Typical non-conforming uses within the MUAzone are banks, salons, full service restaurants, carsaleslots, mini-storage and single family homes. If single family homes are taken out of the inventory, then the number of non-conforming commercial uses drops to 26%. Non-conforming use regulations Pursuant to the Subarea Plan, Section 2.0.1(7) legal Non-conforming uses are regulated by Title 19.20.060. Non- conforming uses are allowed to continue indefinitely unless the use is discontinued or abandoned for a period greater than 24 months. Non-conforming uses are allowed to expand so long as the following criteria aremet: 1.The expanded use does not degrade the transportation level of service greater than the original use; and 2.The expanded use does not adversely affect or interfere with the use of neighboring property; and 3.Any transfer of ownership or interest on adjacent lots or tracts was made contemporaneously with the transfer of ownership of the lot or tract on which the non-conforming use is located as part of a single transaction; and 4.The expansion does not create additional development opportunities on adjacent tracts that would not otherwise exist. The right to continue a non-conforming use runs with the property. Therefore a non-conforming use may be sold or leased and still be allowed to continue. In some cases non-conforming uses that are determined to be similar in nature to the existing or previous non-conforming use, may replace a non-conforming use. The one instance where non-conforming uses would not be allowed to continue is,if the use or structure were destroyed more than 80%. In that case, rebuilding of the structure or resurrection of the use must meet the current regulations. Site Development Standards Site Development standards dictate not only the type of uses allowed within a zoning district, but also building height and setbacks. Since the regulatory part of the subarea plan includes a form based code,it addresseselements that will achieve the desired form. While many of the site development standards are self- explanatory, several introduce concepts specific to form based codes and are new to this community. This includes building orientation, public and private frontage improvements, frontage coverage, maximum building lengthand minimum and maximum setback limits. Street orientation dictates which regulations apply to new development. Sprague Avenue has different regulations than Figure 5: MUA Form, Use and Disposition “Other” streets, which includes all other streets present in the MUA zone. An example of the desired form is shown in Figure 5. Chart 2.2 Site Development standards for the MUA zone is attached to this report. Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» ê June 15, 2010 Building Placement and Setbacks On Sprague Avenue,the minimumsetback is 20 feet and the maximum is 25 feet from the back of sidewalk. Buildings oriented to “Other” streets must be set back between 10 and 20 feetfrom back of sidewalk. Figure 6 below is a picture of new commercial development in Lacey, Washington. This building setback, in combination with sidewalk width, landscaped frontage and separated sidewalk, is similar tothe form that the MUA zone requires. Figure 6: Buildings Oriented to Street Building Orientation to streets and public open spaces: Orienting buildings to streets and/or public open spaces is a required element of MUA zone. A building may have other entrances, but the front entrance must be the most prominent. Figure 7 is another picture of new commercial development in Lacey, Washington. Note that the building is “holding the corner”, with its main prominent entrance oriented towards the street. Figure 7: Buildings Entrances Facing Street Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» é June 15, 2010 Public Frontage Improvements:Area between the curb face and the back of sidewalk line, including the sidewalk and any sidewalk landscape areas as shown in Figure 2.2.5 Public Frontage. Improvements must be coordinated with Private Frontage/Front Street Setback area treatments.Inthe Mixed Use Avenue area,the future curb and back of sidewalk will correspond to the existing curb and back of sidewalkin some areas and to new street configurations in other areas. Private Frontage Improvements:Area between back of sidewalk and primary building façade and building facade up to stnd the top of the 1or 2floor.Permitted Private Frontage types are specified in the Zoning District Tableand include Shopfront, Corner Entry and Grand Entry. Private frontage standards regulate abuilding’s primary entrance treatments, encroachments, setback areas,and property edges. Private frontage regulations apply to full length of property frontage, even where there is no building. Frontage Coverage: This is the minimum percentage of the length of the frontage coverage zone that shall be occupied by a primary building facade. The area is defined as the space between the minimum side yard setback lines. The MUA zone requires 60% coveragefor buildings fronting Sprague and no minimum coverage on Other Streets. Build to Corner: Corner parcels must meet this requirement by placing a building at its street corner. Thisis required only for all corner properties in the MUA zone. The building must be located within the minimum and maximum setback of both the front street and the side street. Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» è June 15, 2010 Architectural Standards: The architectural standards within the SARP identify general architectural characteristics that must be present on new construction, and if applicable, renovated buildings. The purpose of the regulations is to ensure that the human scale of the buildings ismaintained consistently along the corridor. The Architectural Regulations contain both standards and guidelines. Standards are required elements, while the guidelines are optional elements. The chapter deals with building massing and composition, height and length massing,and architectural elements. Building massing and composition deals with the physical presence of the building and identifies the street wall, sidewall, and rear wall of the building. The height massing and composition section address the vertical elements of the building which include base and top elementsfor both streetwalls,side walls, and rear walls.Length massing addresses the horizontal appearance of the building and provides examples of how the length of a building may be broken up by using architectural treatments such as pilasters or notches. The architectural elements sectionaddresses certain elements or treatments that must be included in the building design. The vast majority of this section is comprised of guidelines which are optional elements. The district zone regulations chart identifies when a regulation is applied. The chart indicates that buildings in the MUA zone are required to meet the height massing and length massing requirements. Therefore buildings must provide both top and base elements,and if the building exceeds the street wall increment length, must provide articulation in the building to reduce the appearance of a long building. Building designers may either use the type of elements suggested in the plan, or provide a design that meets the intent of the code which is to maintain human scale of the buildings. Since the most significant architectural requirementsinvolve base and top elements,a description is provided. Figure 8 Massing and Composition Base Element:The base element is a substantial horizontal articulation of the streetwall applied within the first floor to form a horizontal “base” of the façade. This horizontal articulationdefines the pedestrian–scale space of the street and is well integrated into the overall façade st composition. Generally, the base treatment should be between 9” and 6’, or the entire 1floor if it is a multi-story building. Examples of element options include changes of material, color changes, or a belt course to name a few. Top Element: A substantial horizontal articulation of the streetwall applied at the top of the uppermost floor of the façade, to result in termination of the façade that provides an attractive façade skyline and a completion of the upper façade composition. In simpler terms,it provides a cap to the top of the wall. Examples of element options include cornices, canopy elements, shaped parapet,or façade offsets. Architectural Elements The architectural elements address the building façade and roof. This section is made up predominantly of guidelines. A summary of the elements with applicable standards is provided: Façade Building Base:Requires building base element, see discussion above. Wall Cladding: anti graffiti coating is required on ground floor and accessible areas above ground floor. Façade composition:Requires street wall to contain a minimum of 20% glazing, but not more than 80% allowed. Windows:curtain-wall windows and ribbon windows restricted. Main Entrances: Building entrances must be prominent, mixed use buildings must have distinguishable entrances for retail, residential and office. Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» ç June 15, 2010 Secondary Entrances: May not be more architecturally prominent than the main entry. Loading and Service Entry:Requires service entrances to not be visible from the street, or incorporate attractive and durable materials into structure. Roofs Roof Types: Flat or shallow pitched roofs, and mansard roofs are allowed, but specific guidelines must be met. Roof Materials: wood shakes shall be fire resistant Roof equipment and screening: roof mounted equipment must be screened or enclosed; light colored roofs shall be screened to reduce glare. One example of roof screening is a parapet wall. Signage Standards: Permanent sign within the MUZ zone are regulated by section 2.6 of the SARP. The sign types allowed within each zoning district are identified in the Signage Regulations Chart. A review of this chart indicates that all signage types, including animated signs,are allowed inthe MUA zone with one exception - Grand Projectingsings.These types of signs are generally associated with entertainment types of uses, i.e. theatres, and therefore limited to areas which allow entertainment type uses. Since the most common signs are wall signs, monument signs, and freestanding signs,this section of the report will focus on these signs. A definitionfor each sign type is provided: Wall signs: Wall signs are located on and parallel to a building wall. Freestanding Signs:Freestanding signs are constructed on or affixed to the ground by columns, or poles Monument signs:Monument signs are mounted on the ground and are flush,or have a clearance from the ground of not more than 2 feet, supported by a solid base, one or more uprights, braces, columns poles or similar structural components. The table below identifies the regulations for each sign type that pertain to number of signsallowed,maximum area allowed, maximum sign height, and notable conditions. The relevant Pre-SARP sign regulations were also provided for comparison purposes. The comparison results in the following conclusions: Wall sign area is reduced from 25% of the wall area to 15% of the total wall area One freestanding sign is allowed perparcel as compared to one signper arterial frontage. Free standing height limits were unchanged Free standing sign area is essentially the same Free standing signs are limited to properties fronting Sprague Design standards are required for freestanding signs One Monument sign per arterial street frontage is allowed per parcel as compared to two per arterial street frontage Monument sign height limits were reduced from 7’ to 6’ Monument sign area is essentially the same Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» ïð June 15, 2010 SARP and Pre-SARP Sign Comparison Chart Sign TypeSARPRegulationsPre-SARPRegulations Only allowed for non-residential uses with a Cannot exceed 25% of the ground floor entrancewall area per building nd Only allowed to be mounted below the 2 floor level of a building Wall Signs Cannot exceed 150 square feet and limited to 15% of the wall area. Animated wall signs are limited to entertainment type uses. Each parcel permitted one sign per arterial street frontage; allows parcels One freestanding sign per parcel with double frontage to have two freestanding signs Maximum height is 20’ feet. Maximum height is 30’ for Maximum area is 100 square feet single business, 40’ for Freestanding Pole signs may not be placed on a single multi-business, and 50’ for unornamented pole. Signs parcels adjacent to 1-90. Only permitted along Sprague Avenue for non- Maximum sign area for residential uses with a ground floor entrance single business varied from 100 sq ft to 200 sq. ft, dependent on lot width, and a maximum of 250 sq. ft. for multi-business sites. One sign per arterial street frontageTwosigns per arterial street frontage No more than 2 faces Maximum height limit of 7’ Monument Maximum height of 6’ above grade Maximum area allowed is Maximum area allowed is 75 sq. ft Signs 90 sq. ft. for single business Only allowed for non-residential uses with a and 150 sq. ft. per multi ground floor entrance business complex. Ó·¨»¼ Ë» ߪ»²«» λª·»© λ°±®¬ п¹» ïï June 15, 2010 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE : Information memo responding to citizen request to eliminate paving requirement in the Spokane Valley Municipal Code (SVMC). GOVERNING LEGISLATION: See attached handout. PREVIOUS COUNCIL ACTION TAKEN:N/A BACKGROUND: Daniel Robbins, owner of Evergreen State Towing provided citizen comment at the June 8 council meeting regarding his proposed business location. The property is zoned correctly for a towing operation but the SVMC would require that the property bepaved. He would like to see that requirement be eliminated. The City Council requested information regarding the code requirement and if it could be changed. City staff have been working on a handout to explain the reasons for paving parking and storage lots and driveways. Although the handout is in draft form it provides the technical reasons for requiring pavement(attached). A summary of those reasons are as follows: 1.Water Quality- The Spokane Valley-Rathdrum Prairie aquifer is a “sole source acquifer” because it is the only feasible source of drinking water to the community. By paving and providing storm water treatment, pollutants are removed before they can enter the aquifer. 2.Air Quality- The Spokane area has a history of poor air quality and until 2005 was a non-attainment area for both carbon monoxide and particulate matter. Since that time, a maintenance plan was adopted to maintain air quality to EPA standards. Spokane Regional Clean Air Agency Regulations require preventing particulate matter from becoming airborne. 3.The Hearing Examiner conditioned a subdivision project to pave a proposed gravel driveway because of potential violations to the regulations mentioned above. 4.The Spokane Valley Comprehensive Plan has policies in place to protect critical areas, surface water, and air quality including policy NEP-19 “Require parking lots and streets in new development to be paved”. 5.Spokane County requires off-street parking, and storage areas be paved unless the areas are routinely used by cleated and other heavy equipment. This language has been carried over into the current SVMC. OPTIONS: If the City Council wishes to make a change, a comprehensive plan and code amendment would be required. In staff opinion, eliminating paving would be inconsistent with existing state mandates and would likely be appealed by agencies that protect water and air quality. RECOMMENDED ACTION OR MOTION:None at this time. An administrative report will be provided at a future council meeting. BUDGET/FINANCIAL IMPACTS : N/A STAFF CONTACT :Kathy McClung, Community Development Director ___________________________________________________________________________ ATTACHMENTS DRAFT Paving Handout ÜÎßÚÌ É¸§ ܱ п®µ·²¹ Ô±¬ Ò»»¼ ¬± ¾» пª»¼á 1)Water Quality Í°±µ¿²» λ¹·±²¿´ ͬ±®³©¿¬»® Ó¿²«¿´ The Spokane Valley-Rathdrum Prairie aquifer extends across an area of about 325 square miles and provides drinking water for more than 500,000 people. Most of the developed areas in the Spokane region and in North Idaho lie directly over the aquifer. The aquifer is designated by the U.S. EPA as a “sole source aquifer” because it is the only feasible source of drinking water available to the local community. Water quality treatment facilities are designed to protect the aquifer by removing pollutants contained in stormwater runoff. The pollutants of concern include sand, silt, and other suspended solids; metals such as copper, lead and zinc; nutrients such as nitrogen and phosphorus; certain bacteria and viruses; and organics such as petroleum hydrocarbons and pesticides. Methods of pollutant removal include sedimentation/settling, filtration, plant uptake, ion exchange, adsorption, and organic and inorganic decomposition. Pollutants in the stormwater are removed from the stormwater when the runoff goes through a treatment facility. Maximizing the amount of stormwater, and thus pollutants, that ends up in a treatment facility assists in maximizing the quality of the water that ends up in the aquifer. Pavement has a higher runoff coefficient (C = 0.90) than gravel (C = 0.55). Because of this, a surface covered with pavement will end up sending more stormwater over to a facility than a gravel surface will and, conversely, a gravel surface will allow more untreated runoff to go directly down into the ground and the aquifer than will pavement. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx 2)Air Quality ß÷Í°±µ¿²» λ¹·±²¿´ Ý´»¿² ß·® ß¹»²½§ øÍÎÝßßô °®»ª·±«´§ µ²±©² ¿ ¬¸» Í°±µ¿²» ݱ«²¬§ ß·® б´´«¬·±² ݱ²¬®±´ ß«¬¸±®·¬§ ±® ÍÝßÐÝß÷ Spokane PM10 Limited Maintenance Plan http://www.spokanecleanair.org/pm10_limited_maintenance_plan.asp Local air pollution control agencies periodically submit air quality plan updates and regulations to the Department of Ecology (Ecology) for inclusion in Washington’s State Implementation Plan (SIP). The SIP is a statewide plan for meeting federal health-based standards for certain air pollutants. The Spokane areawas designated nonattainment for particulate matter air pollution equal to or less than 10 microns in size (PM). This means that, in the past, the area did not meet federal 10 health-based standards for PM. As the area has been meeting the standards since 1994, 10 ithas now beenredesignated to attainment by the federal Environmental Protection Agency (EPA). The Spokane County Air Pollution Control Agency and Ecology have prepared a plan, called a Limited Maintenance Plan, for PM. This plan demonstrates that the Spokane area meets 10 Federal Clean Air Act requirements for PM. It also summarizes the progress of the area in 10 attaining the PMstandard, demonstrates that the Spokane area qualifies for EPA’s Limited 10 Maintenance Plan option, and includes a maintenance plan to assure continued attainment for ten years after the redesignation. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx For LMP excerpt, see EPA section below. Spokane Valley must take steps to “to assure continued attainment for ten years after the redesignation.” Spokane Regional Clean Air Agency Regulations http://www.spokanecleanair.org/regulations.asp ARTICLE I, POLICY, SHORT TITLE, AND DEFINITIONS SECTION 1.04 GENERAL DEFINITIONS PM10 means particulate matter with an aerodynamic diameter less than or equal to a nominal 10micrometers as measured by a reference method based on 40 CFR Part 50 Appendix J and designatedin accordance with 40 CFR Part 53 or by an equivalent method designated in accordance with 40 CFRPart 53. PM10 Emissions means finely-divided solid or liquid material, including condensible particulate matter,with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient airas measured by an applicable reference method, or an equivalent or alternate method, specified inAppendix M of 40 CFR Part 51 or by a test method specified in the SIP. ARTICLE VI, EMISSIONS PROHIBITED, EFFECTIVE: May 3, 2010 SECTION 6.04 EMISSION OF AIR CONTAMINANT: DETRIMENT TO PERSON OR PROPERTY C. It shall be unlawful for any person to cause or allow the emission of any air contaminant in sufficient quantities and of such characteristics and duration as is, or is likely to be: 1. Injurious to the health or safety of human, animal, or plant life; 2. Injurious or cause damage to property; or 3. Which unreasonably interferes with enjoyment of life and property. H. Nothing in this Section shall be construed to impair any cause of action or legal remedy of any person, or the public for injury or damages arising from the emission of any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance. SECTION 6.05 PARTICULATE MATTER AND PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE A. It shall be unlawful for any person to cause or allow the discharge of particulates in sufficient numbers to unreasonably cause annoyance to any other person when deposited upon the real property of others. D. It shall be unlawful for any person, including the owner or person in control of real property to cause or allow particulate matter to be deposited upon a paved roadway open to the public without taking every reasonable precaution to minimize deposition. Reasonable precautions shall include, but are not limited to, the removal of particulate matter from equipment prior to movement on paved streets and the prompt removal of any particulate matter deposited on paved streets. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx E. It shall be unlawful for any person to cause or allow visible emissions of fugitive dust unless reasonable precautions are employed to minimize the emissions. Reasonable precautions may include, but are not limited to, one or more of the following: 2. Surfacing roadways and parking areas with asphalt, concrete, or gravel; SECTION 6.15 STANDARDS FOR CONTROL OF PARTICULATE MATTER ON UNPAVED ROADS Applying a palliative is an example of what to dofor unpaved travelways to keep down dust but the palliatives themselvesmay be considered pollutants that could contaminate the aquifer. B. Definitions. 6. Palliative means salts and other hygroscopic materials, petroleum resins, asphalt emulsions, adhesives, chemical soil stabilizers or other surface treatment materials acting as a method of dust control, and not prohibited for use by any local, state, or federal law, rule, or regulation. 7. Paved means application of concrete, asphaltic concrete, asphalt, or combination thereof as a means of forming a permanent surface for a road. 8. PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, defined in CFR Title 40, Part 81, as designated on November 15, 1990. This definition will remain in effect, even after EPA makes the determination that the PM10 standard that existed before September 16, 1997, no longer applies to Spokane County. Retaining the definition ensures compliance with the EPA’s Guidance for Implementing the 1-Hour Ozone and Pre-Existing PMNAAQS, dated December 29, 1997, by continuing 10 implementation of control measures in the Implementation Plan and preserving air quality gains. C. Emission Reduction and Control Plan. Each applicable governmental entity shall submit an Emission Reduction and Control Plan for approval by the Authority, which includes the following for each applicable unpaved road: 1. A schedule for paving, periodic application of palliative, or implementation of other control measures. 2. Specification of the type of palliative to be applied and its application rate, paving specifications, or specifications of other control measures with sufficient detail for the Authority to determine emission reductions. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx Þ÷ËòÍò Û²ª·®±²³»²¬¿´ Ю±¬»½¬·±² ß¹»²½§ øÛÐß÷ô λ¹·±² ïðæ ¬¸» п½·º·½ Ò±®¬¸©»¬ Spokane, Washington PM-10 Maintenance Plan Summary http://yosemite.epa.gov/r10/airpage.nsf/283d45bd5bb068e68825650f0064cdc2/840f6ea82e 294f0f88257053007e8625?OpenDocument Background of the Plan: Spokane, Washington was designated nonattainment for PM-10 and classified as a moderate nonattainment area upon enactment of the 1990 Clean Air Act amendments. Washington submitted a PM-10 attainment plan for Spokane on December 12, 1994 which EPA approved on January 27, 1997 (). On November 30, 2004, Washington submitted a PM-10 Limited Maintenance Plan (LMP) and redesignation request for Spokane. EPA approved the LMP and redesignated the areato attainment on July 1, 2005 ( ). A section of the LMP(essentially the same as the Spokane Regional Clean Air Agency Regulations): SECTION 6.05 - PARTICULATE MATTER AND PREVENTING PARTICULATE MATTER FROM BECOMING AIRBORNE A. 1. 2. D State effective: 11/12/93; EPA effective: 3/28/97 P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx Ý÷Í°±µ¿²» Ê¿´´»§ »¨¿³°´» ±º °¿ª·²¹ ®»¯«·®»¼ ¬± ·³°®±ª» ¿·® ¯«¿´·¬§ -Note – at the time of this project, driveways were not required to be paved. Prior to the city’s requirement to pave driveways, the Hearing Examiner added a requirement for paving to SUB-05-06, a preliminary plat application. The applicant had proposed a private, gravel driveway of 325 feet. The neighbors objected and requested that the Hearing Examiner require the driveway to be paved because of the dust, noise and health impacts gravel would generate. A representative from Spokane County Air Pollution Control Authority submitted comments that deposition of dust from the proposed driveway onto adjacent property could be considered a violation of SCAPA’s air quality regulations. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx 3)Codes ß÷Í°±µ¿²» Ê¿´´»§ ݱ³°®»¸»²·ª» д¿² 8.2Critical Areas Jurisdictions are required to protect critical areas through the adoption of policies and regulations. Critical areas include: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for domestic purposes; … Spokane Valley recognizes the importance of protecting the functions of critical areas. Preservation of these areas helps to maintain the high quality of life that is enjoyed by the residents of Spokane Valley. These natural systems play valuable roles in storm water disposal, flood prevention, water quality preservation, as well as providing recreational opportunities. Protection of critical areas makes economic sense, since the alternative is expensive engineered systems for protection from floods and geological hazards and for purification of drinking water. 8.2.2 Aquifer Recharge Areas and Groundwater Critical Areas required to be identified and protected by the City of Spokane Valley include aquifer recharge areas. The Spokane Valley/Rathdrum Prairie Aquifer supplies potable water to most of the residents of Spokane County. The aquifer and associated recharge areas underlies the entire City of Spokane Valley. Due to concerns regarding the maintenance of water quality of the aquifer, the Environmental Protection Agency (EPA) designated the Spokane Valley/Rathdrum Prairie Aquifer a “Sole Source Aquifer” in 1978. The aquifer was only the second in the nation to receive such a designation. Although the aquifer provides high quality drinking water, it is highly susceptible to contamination due to the underlying geology of the area. The underlying geology of the area consists of sandy, gravelly glacial outwash that allows surface water to infiltrate rapidly. Since 1977, fifty monitoring wells in Washington and twenty-eight wells in Idaho have been installed to monitor the impacts of land surface activities over the Aquifer. Monitoring indicates that contaminants have reached the Aquifer; however, the Aquifer water quality remains very good. The goals and policies in this section are intended to protect the aquifer and address issues critical to aquifer recharge areas. 8.3Surface Water Water quality and quantity influences the domestic, economic, recreational and natural environments of Spokane Valley. Historically, clean water has been taken for granted. As growth and development have increased, so have problems associated with maintaining water quality and quantity. Industry, commercial, business, agriculture and residential development all contribute to reduced water quality and quantity. From this perspective, a comprehensive approach must be taken to ensure future water quality and quantity. Spokane Valley has a limited number of surface water bodies, the major water bodies being the Spokane River and Shelley Lake. The Spokane River provides the region with significant economic, recreation, wildlife habitat and aesthetic value. The Spokane River is included in the State’s “303d” inventory as having impaired water quality. The use of the Spokane River as a receivingwater for sewage effluent discharges and stormwater runoff makes it an important resource for waste assimilation. There is P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx evidence that pumping from the Spokane Valley/Rathdrum Prairie Aquifer has a direct effect on the Spokane River, reducing the flow in the river. The increased impervious area resulting from development changes the amount and the quality of runoff water. If left unmanaged, discharges of stormwater can cause flooding and water quality degradation, especially in already impaired water bodies. Increased impervious areas may also adversely impact groundwater recharge. In Spokane Valley, runoff from developed areas is typically sent into a grassy swale or pond and then infiltrated into the ground and is also infiltrated via drywells thus,in the City, groundwater recharge is still facilitated.A key concern, though, is that the Spokane River obtains some of its flow from groundwater that is flowing from the ground back into the channel. If this groundwater carries pollutants then these pollutants will enter the Spokane River and impair its water quality. 8.4 Air Quality Air pollution levels in Washington State are within one percent of violating federal standards for smog (ozone), three percent for carbon monoxide, and seven percent for fine particles. Until recently (August 2005), the Spokane area, including Spokane Valley was a non-attainment area for both carbon monoxide and particulate matter. (Source: Washington State Department of Ecology 2000 – 2002 Air Quality Trends Report) 8.6Goals and Policies Aquifer/Groundwater Goal NEG-9 Strive to prevent water quality degradation of the Spokane Valley/Rathdrum Prairie Aquifer. Goal NEG-10 Endeavor to protect groundwater quality from adverse development impacts. Surface Water Goal NEG-17 Encourage the continued provision of both adequate quantity and quality of surface water for Spokane Valley. Goal NEG-18 Encourage land uses that are consistent with long-term protection of surface water quality and quantity in Spokane Valley. Goal NEG-19 Collaborate with appropriate public and private entities to help restore the water quality of the Spokane River. Policies NEP-19.1 Impacts of a development proposal upon surface water quality shall be considered before development is approved. Conditioning proposals may be necessary to protect water quality (e.g. biofiltration measures), manage runoff and address erosion control and sedimentation. Air Quality Goal NEG-20 Support regional efforts to improve air quality. Policies NEP-20.4 Require parking lots and streets in new development to be paved. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx Þ÷Í°±µ¿²» ݱ«²¬§ Ʊ²·²¹ ݱ¼» ײ·¬·¿´´§ Ë»¼ º±® Í°±µ¿²» Ê¿´´»§ Ý÷Ý«®®»²¬ Í°±µ¿²» Ê¿´´»§ Ó«²·½·°¿´ ݱ¼» Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS – COMMERCIAL, OFFICE AND MIXED USE ZONES 19.60.010 General requirements. B. Parking areas shall be paved and landscaped in accordance with Chapter 22.50 SVMC. Chapter 19.70DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS – INDUSTRIAL ZONES 19.70.010 I-1, Light Industrial district. B. Supplemental Regulations. 5. All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a.Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b.The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valley development engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or other technology, willnot adversely affect air quality, water quality or the integrity of the parking area. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx 19.70.020 I-2, Heavy Industrial district. B.Supplemental Regulations. 4.All parking, maneuvering and outdoor storage areas shall be paved. Exemptions: a.Parking and storage areas routinely used by cleated and other heavy equipment as approved by the planning director. b.The planning director may waive portions of these requirements upon recommendation by the Spokane regional clean air agency or the Spokane Valleydevelopment engineering division when it can be demonstrated that the proposed surfacing, such as grass pavers or other technology, will not adversely affect air quality, water quality or the integrity of the parking area. P:\Clerk\AgendaPackets for Web\agendapacket 06-15-10\Item 11 a Pave Parking Lots.docx 11707 E Sprague Ave Suite 106 Spokane Valley WA 99206 509.921.1000 Fax: 509.921.1008 cityhall@spokanevalley.org Memorandum To:City Council Members; Mike Jackson, Acting City Manager From:Michael D. Stone, CPRP, Director of Parks and Recreation Date:June 10, 2010 Re:Swimming Scholarship Update I have been asked to provide an update on our swimming scholarship program which has continued to grow sincelastyear. Last August, as some of you know, the Cityof Spokane Valley established a partnership with Spokane Valley Partners to provide free swimming passes to low-income Spokane Valley children. This wholesome activity should be an integral part of every child’s summer experience and not be limited by aninability to pay. Promotion of this program would be the primary responsibility of the City of Spokane Valley. All donations to this fund are made to Spokane Valley Partners, they facilitate and managefund accounting and distribution of the $5 pool passes. Each pass provides 6trips to one of our three existing pools. Spokane Valley Partners has developed eligibility and distribution guidelines that they will use to provide the passes. To date the program has been successful with donations continuingto be received. In 2010, the effort to increase donations has been expanded even further. The City of Spokane Valley along with Spokane County and the City of Spokane are partnering with the Spokane Parks Foundation on a County-wide “Make a Splash” campaign. This campaign is designed to focus attention on the need for swimming scholarships in the entire county. A citizen committee has been formed and the campaign has been launched. Again, Spokane Valley Partners serves as our partner to handle funds coming through the Spokane Parks Foundation. The City of Spokane Valley will benefit from direct donations specified for Spokane Valley and/or we will receive a percentage of all unrestricted donations made to the “Make a Splash” campaign. To date over $10,000 has been donated to the campaign county wide. A spinoff of the “Make a Splash” campaign has been the increased interest in businesses and corporations wishing to sponsor a “free” swim day at our Spokane Valley pools. We will be allowing this opportunity only on Saturdays and Sundays as to not impact our weekday swim lessonand swim team schedule. Using the established fee of $1/person per open swim session and reviewing our pool capacities during open swim we have determined that we can accommodateapproximately 925 swimmers during an 8 hour free swim day. Therefore the rental fee for a “free” swim day will be $925 per day per pool. This amount allows us to cover the expenses of staffing, etc. This is an exciting new addition to our aquatics program and one that will be very beneficial to our citizens. If you have any questions or need additional information please let me know. Thank you. 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting DateCity Manager Sign-off : June 15, 2010 : ________ Item: Check all that apply : consent old business new businesspublic hearing informationadmin. reportpending legislation AGENDA ITEM TITLE : Information Only – Second ordinance extending time for acceptance of franchise. GOVERNING LEGISLATION : Ordinance 09-034; Ordinance 10-*** PREVIOUS COUNCIL ACTION TAKEN : Approval of Comcast franchise December 1, 2009; discussion regarding PEG fees February 16, 2010; discussion on PEG fees March 9, 2010; discussion on broadcasting options April 27, 2010; passage of ordinance extending time for acceptance May 4, 2010. BACKGROUND : The Council adopted Ordinance 10-***on May 4, 2010,whichextended the time in which Comcast could sign and return the cable franchise, which was adopted by the Council on December 1, 2009(Ordinance 09-034).The new timeframe for returning the franchise was June 11, 2010. Comcast called staff on June 9, 2010 to advise that it is taking longer to get signed and returned than anticipated, and that they expect they will be able to get it signed and returned by August 1, 2010. Comcast reassured staff that it would be signed and returned, but there have been unanticipated delays in their corporate office in Pennsylvania. Given this set of facts, staff requests that the Council adopt a second ordinance extending the timeframe for acceptance of the franchise, moving the last day for return of the signed franchise from June 11, 2010, to August 11, 2010. OPTIONS : (1) consensus to put proposed ordinance onfuture agenda for first reading;(2)do nothing. RECOMMENDED ACTION OR MOTION : Consensus to putordinance on afutureagendafor a first reading. BUDGET/FINANCIAL IMPACTS : STAFF CONTACT : Cary P. Driskell, Deputy City Attorney ATTACHMENTS : DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of June 9, 2010; 3:00 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of Acting City Manager Re:Draft Schedule for Upcoming Council Meetings June 22, 2010:No Meeting : Council Attends AWC Conference in Vancouver (June 22-25) Special Regular meeting June 29, 2010, format 6:00 p.m. [due date Mon, June 21] 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) th 2. Second Reading Proposed Ordinance Vacating Street (W of 16 & Kahuna(STV 01-10)- K.Kendall (10 mins) 3. Proposed Resolution Adopting Six-Year 2011-2016 TIP – Steve Worley (10 minutes) 4. Motion Consideration: Bid Award, Sprague/Sullivan Concrete Intersect Project – Steve Worley (5 minutes) 5. Motion Consideration: Bid Award, Broadway Ave Reconst Project, Moore to Flora – S. Worley (5 minutes) 6. Motion Consideration: Suspend Broadway Safety Project – Neil Kersten (15 minutes) 7. Motion Consideration: JAG Grant –Morgan Koudelka (10 minutes) ( 8. Admin Report: GSI Update – Robin Toth tentative) (20 minutes) 9. Admin Report: Cattlemen/Sheriffs Department – Cindy Marshall, et al (confirmed) (20 minutes) 10. Admin Report: Pavement Requirements –Kathy McClung (10 minutes) 11. Advance Agenda (5 minutes) [*estimated meeting: 115 minutes] 12. Info Only: Department Report; Response to Public Comments July 6, 2010, Study Session Format, 6:00 p.m. [due date Mon, June 28] Action Item: th 1. Motion Consideration: Bid Award, 44Ave Pathway Project – Steve Worley (5 minutes) Non-action Items: 2. Comcast Ordinance –Cary Driskell/Mike Connelly (20 minutes) 3. Budget Process Update – Mike Jackson/Ken Thompson (20 minutes) 4. Truck Parking, Residential Areas –Mike Connelly (10 minutes) 5. Advance Agenda (5 minutes) [*estimated meeting: 60minutes] July 13, 2010, Special Meeting: Budget Retreat9:00 a.m. to approx 4:00 p.m. – CenterPlace Classroom [due date Mon, July 5] July 13, 2010 Formal Meeting Format, 6:00 p.m. [due date Mon, July 5] Proclamation: Parks & Recreation Month 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. First Reading Proposed Ordinance Amending Comcast Franchise – Mike Connelly (20 minutes) 3. Admin Report: Subarea Plan (SARP) Check-in – Kathy McClung (15 minutes) 4. Admin Report: Code Text CTA 03-10 amendment –Christina Janssen (15 minutes) [*estimated meeting: 55minutes] 5. Admin Report: Advance Agenda July 20, 2010, Study Session Format, 6:00 p.m. [due date Mon, July 12] 1. Subarea Plan (SARP) Zone Discussion: Neighborhood Ctrs –Scott Kuhta (30 minutes) 2. Advance Agenda (5 minutes) [*estimated meeting: minutes] 3. Info Only: Department Reports Draft Advance Agenda 6/10/20102:51:40 PM Page 1 of 3 July 27, 2010, Formal Meeting Format 6:00 p.m. [due date Mon, July 19] 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance Amending Comcast Franchise –Legal (20 minutes) 3. First Reading Proposed Ordinance, CTA 03-10 Code text Amendment – Christina Janssen (15 minutes) 4. Advance Agenda (5 minutes) [*estimated meeting: 45minutes] 5. Info Only: Department Reports August 3, 2010, Study Session Format, 6:00 p.m. [due date Mon, July 26] 1. Advance Agenda (5 minutes) [*estimated meeting: minutes] August 10, 2010 Formal Meeting Format, 6:00 p.m. [due date Mon, Aug 2]] 1. Consent Agenda: Claims, Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance, CA 03-10 Code Text Amendment –Christina Janssen (15 minutes) 3. Motion Consideration: Setting Prelim. Budget Hearings 9-14 & 9-28 – Ken Thompson (5 minutes) 4. Admin Report: Estimates of 2010 & 2011 Revenue/Expenditures – Ken Thompson (10 minutes) 5. Admin Report: Subarea Plan (SARP) Report to Council re Public Mtg – S. Kuhta – (45 minutes) 6. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 85minutes] August 17, 2010, Study Session Format, 6:00 p.m.[due date Mon, Aug 9] 1. Subarea Plan (SARP) Zone Discussion: City Center – Mike Basinger (30 minutes) 2. 2011 Budget – Property Tax Levies – Ken Thompson (15 minutes) 3. Admin Report: Code Text Amendment, CTA 05-10 – Christina Janssen (10 minutes) [*estimated meeting: minutes] 4. Advance Agenda August 24, 2010, Formal Meeting Format, 6:00 p.m. [due date Mon, Aug 16] 1. PUBLIC HEARING: 2011 Budget Revenues – Ken Thompson (10 minutes) 2. First Reading Proposed Ordinance adopting 2011 Property Tax Levy–Ken Thompson (15 minutes) 3. First Reading Proposed Ordinance property tax confirmation – Ken Thompson (10 minutes) Outside Agency Presentations 4. Admin Report: – Ken Thompson (60 minutes) 5. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 100 minutes] 6. Info Only: Department Reports August 31, 2010, Study Session Format, 6:00 p.m. [due date Mon, Aug 23] 1. Advance Agenda [*estimated meeting: minutes] 2. Info Only: Preliminary Budget September 7, 2010, Study Session Format, 6:00 p.m. [due date Mon, Aug 30] 1. Advance Agenda (5 minutes) [*estimated meeting: minutes] September 14, 2010 Formal Meeting Format, 6:00 p.m. [due date Fri Sept 3] PUBLIC HEARING 1.: 2011 budget – Ken Thompson (5 minutes) 2. Second Reading Ordinance adopting 2011 Property tax Levy –Ken Thompson (15 minutes) 3. Second Reading Ordinance property tax confirmation – Ken Thompson (5 minutes) Allocation of Funds to Outside Agencies 4. Motion Consideration: – Ken Thompson (25 minutes) 5. Subarea Plan (SARP) Plan) – Update to Council – Mike Basinger (30 minutes) [*estimated meeting: 80minutes] Draft Advance Agenda 6/10/20102:51:40 PM Page 2 of 3 September 21, 2010, Study Session Format, 6:00 p.m. [due date Mon, Sept 13] 1. Community Development Block Grant – Greg McCormick (15 minutes) 2. Advance Agenda [*estimated meeting: minutes] September 28, 2010, Formal Meeting Format, 6:00 p.m. [due date Mon, Sept 20] . PUBLIC HEARING 1: 2011 budget – Ken Thompson (5 minutes) 2. First Reading Ordinance to adopt 2011 Budget – Ken Thompson (15 minutes) 3. Subarea Plan (SARP) Zone Comm. Blvd – Lori Barlow (45 minutes) [*estimated meeting: minutes] 4. Info Only: Department Reports October 5, 2010, Study Session Format, 6:00 p.m. [due date Mon, Sept 27] 1. Advance Agenda (5 minutes) October 12, 2010 Formal Meeting Format, 6:00 p.m. [due date Mon Oct 4] 1. Consent Agenda (Claims, minutes, payroll) 2. Second Reading Ordinance to adopt 2011 Budget – Ken Thompson (15 minutes) 3. Admin Report: Fee Resolution Proposed Changes – Mike Jackson (15 minutes) 4. Advance Agenda (5 minutes) [*estimated meeting: minutes] October 19, 2010, Study Session Format, 6:00 p.m. [due date Mon, Oct 11] 1. SARP Report to Council – Kathy McClung (45 minutes) [*estimated meeting: minutes] 2. Advance Agenda October 26, 2010, Formal Meeting Format, 6:00 p.m. [due date Mon, Oct 18] 1. Consent Agenda (Claims, minutes, payroll) 2. Proposed Resolution Amending Fee Resolution – Mike Jackson (15 minutes) 3. Advance Agenda [*estimated meeting: minutes] 4. Info Only: Department Reports OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Affordable Housing Participation Shoreline Master Program “Inventory & Alternative Analysis (contracts)Characterization Report” Area Agency on AgingSignage(I-90; Sprague Exist, etc.) Ballot Issue (one way vs. two way)Solid Waste Amended Interlocal Bidding Contracts (SVMC 3. – bidding exceptions) Speed Limits Broadcasting Spokane Regional Transportation Council (SRTC) Capital Projects FundingInterlocal Clean Air AgencySprague Appleway Corridor Environ. Assessment Code Amendments (Kathy McClung) Street Maintenance Facility Proposed Ordinance Amending CTR Plan –Morgan Transportation Benefit District Interlocal Koudelka Transportation Benefit District: (a). Establish ord.; Concurrency (b) set public hearing; (c) draft resolution; (d) ballot Contract Ordinance Amendment language East Gateway Monument Structure # Transportation Impacts Hotel/Motel Grant Proposals for 2011 (Nov 2010) WIRA, Water Protection Commitment, public Industrial Pre-treatment Interlocalw/City of Spokane education Jail Update Law Enforcement Interlocal = request for Council’s early consideration Milwaukee Right-of-way # =Awaiting action by others Overweight/over size vehicle ordinance* = doesn’t include time for publicor council Planned Action Ordinance comments Draft Advance Agenda 6/10/20102:51:40 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:City Manager Sign-off June 15, 2010 : ________ Item: Check all that apply : consent old business new business public hearing informationadmin. reportpending legislation executive session AGENDA ITEM TITLE: EXECUTIVE SESSION: To Evaluate the Qualifications of an Applicant for Public Employment GOVERNING LEGISLATION: RCW 42.30.110(1)(g) PREVIOUS COUNCIL ACTION TAKEN : BACKGROUND: OPTIONS: Council discretion RECOMMENDED ACTION OR MOTION: Move to adjourn into executive session for approximately __________ minutes to evaluate the qualifications of an applicant for public employment and that no action isanticipated thereafter. BUDGET/FINANCIAL IMPACTS : STAFF CONTACT : ___________________________________________________________________________ ATTACHMENTS :