2006, 10-17 Study Session
-74:-We
AGENDA
CITY OF SPOKANE VALLEY
CIT'I' COUNCIL WORKS111FET
STUDY SESSION
Tuesday. October 17, 2006 6:00 p.m.
CITY H.%LL COUNCLL CHAMBERS
11707 East Sprague Avenue, First Flour
(Please Turn Off All Electronic Devices During the Meeting)
MWUS.SION LEADER SLTBJECT/ACTIVM7 GOAL
Fmployee Introduedow: Tom DDanielson, Sfaintenance Ltrpecror-by.ttiell Kerstrn, Public i1'urk.t Director
1. Chris Berg. Bill Schultz PristnlPlu.Oladal (Parcel Oats Locator Sv!itcm) DiscuSSiun/infotmatir-n
(20 rninutes)
(Mike Thnmpsnn ('_tl minutes) i'andumic Resl}-n-cs Strategies Di,~cU>~-1OIt'Inlorinatlun
3. Neil Keritca i Zf) mlliute:i) Trallic Ordinance Ameiidwew, 1)Isc.icmon Information
{ 1 Ue2t llsintrttHncc Re<1uist for Pri , tr+rals t') i o;, i l,
I \ell Kertii£n I l minute rr:lII formation
5. Mayor Wilhitc Advance Attcnda Additioms 1?1Lc~.h;ltm Information
Information O)nh : (17tese items will not be disciatrd or re1wried ullvrl.)
6. Drnfl Governance Mnnunl
7. MaNor Wilhite Comil:il Check in Discussimonformatioll
H. Datc Ricrcicr City Manager Comments I)iscussiun'1ni ~nnati.~n
Adjourn
Xcwe: Unina otbemin dulled above, there will be an public comments at Council Stud) Sessions. Noaever, council alwa}i rtsm es
the right to mluest Information from the public and staff as appropriate.
NOTICE Wividuab planing to atsa►d UK meeting wbo mquim q=W usitaaezcc to avanm ixidut physical. buck or odw IrrlpatUMCA s, platy a mw
t tlae Cu) Clmk a! i 5041921-I l}0,l as snce as l+cnal~k ac. that arrAngrte,ctta mny ix tnad~
1,!.&A %4stnut AFwUthi.-bet 17. 21k1a Pile. 1 1 If I
v
i /
AGENDA
CITY Or SPOKANE VALLEY
CITY COUNCIL. «'ORKSHEET
STUDY SESSION
Tuesday, October 17, 2006 6:00 p.m.
CITY HALL COUNiCH CRAMAM..
11707 East Sprague Avenue. First Flour
(Please Turn Off All Electronic Devices During the Meeting)
DISCUSSION LEADER SUBJECT/ACTIVM COAL
C///plgtwe L►trocluctiorrs: Tom Danielson, 1 faintenmrc e Inspector - by ~Ve d Kersten. Public ff'orkv Director
1. Chris Berg, Bill Schultz Prism!Plus%Padal (Parcel Data Locitor System) 1)1.,-,c ussiLinInfor-niat ion
(20 minutes)
2 41ike Thompson 120 minute,) Pandemic ke l~nnses Strategics Dtuus%ionllntormation
3. Ncil Kcrsten (30 ❑t nutcs) Traffic Orditimicc Arnendmcuts Discuss ionInformation
4 Neil Kersten ( I i minutes) Street \'lainterance Request for Proposals Discuss it-IwInformat ion
i. kim- ►r W1111ile Ad,,anec Agenda Additions lii;cusston, Iitf0mi 11011
6. Grjornratinn On!}! (?Jas rtenr 11'rll n~+t be clisrttrs~~~:' nr r~Ex1rtcJ r~r+on.1
Dran Guvernattce Manual
Mayor Wilhite Council Check in Discushirinlntllmiation
8. Date NIcrLicr City Nlalldgcr Cvatnlclits Dis,:usyiurtllnfurniatiuu
Adjourn
Notr- Unlem. uthr.rnise noted above. there will be no publk comments at Council Study Sc++luns. However, Council always restrnea
the right to request Information from the public and staff as appropriate
NOTICE, Indwhiuals planning to auend the nteettng who require speciAl uttistrmce to sccommodur phy;xal, hamng. or mber impairments, ple'le "Mall
t (tic City OCA At WoI Q2I-I(":K) as %CKM as rr-nihIc s , stmt arruni- cnts ngs !,c mn4:
I-
I'. ,:c I of I
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 17, 2006 City Manager Sign-off.
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public heanng
x information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Amending Requirement for Appeal Fees for Administrative Code
Compliance Determinations
GOVERNING LEGISLATION: SVMC 10.30.520
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: The existing language in SVMC 10.30.560 does not clearly state that the filing
of an appeal shall be contingent upon a complete payment of the appeal fee. It has been the
City's practice since the fame of incorporation, to require the payment of an appeal fee as a
condition to filing an appeal of a code compliance determination to the Hearing Examiner. The
City's Master Fee Schedule includes such an appeal fee. Staff recommends that this apparent
gap be closed so there is no ambiguity for the public.
OPTIONS Instruct City Council to approve this amendment.
RECOMMENDED ACTION OR MOTION: Unless otherwise directed, this will be placed on the
October 24, 2006 agenda for a first reading.
BUDGETIFINANCIAL IMPACTS: Anticipated to be revenue neutral because the City has been
collecting appeal fees.
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney
ATTACHMENTS:
Attachment 1 - Proposed amendment to SVMC 10.30.560(D)
DRAFT
CITY OF SPOKANE. VALLEY
SPOKANE COUNTY, WASHINGI.ON
ORDINANCE NO. 06-
AN ORDINANCE. OF THE CITY OF SPOKANE VALLEY, SPOKANE. COUNTY WASHINGTON,
AMENDING SPOKANE VALLV MUNICIPAL CODE SECTION 10.30.560 TO INCLUDE APPEAL
FEE FOR ADMINISTILI'FIVE DECISIONS, I'I O NADINC Foil VND AN
EFFECTIVE DATE.
WHEREAS, Spokane Valley Municipal Code 10.30.50(D) contains provisions for appeals to administrative
determinations, however that section is not clear whether the payment of an appeal fee is a necessan
precondition of filing the appeal. This Ordinxicc."C I•.; ntaF.c 0c.11 that the l•:n mcr.t 1 the ::;;I : a1 t mu t
be contemporaneous with filing an appeal; and
WHEREAS, the City of Spokane Valley Master Fec.Schedule, Schedule A Development, requires payrrlent
of a fee for appeals to administrative decisions, and
WHEREAS, in complying with the requirements of its enacted laws and regulations, the City finds from time
to time that amending its laws is necessary to better protect the health, safety, ANI3 welfare of the general
public and the environment.
NOW, THEREFORE, IIIF CI'l Y COUNCII. 1_11 I I I. CITY O SPOKANI: %'A[-[ EY, %VASfIINGT(=)N
ORDAINS AS FOLLOWS:
Section 1. Spokane Valley Municipal Code, Section 10.30.560(D) .-.hall be amendcd to read as follow.
"Any person filing an appeal under this article who was issued a notice and Order, or iti the ovoler of the
land where the violation occurred, shall do so by obtaining the appeal form from the City and filing the
completed appeal form along %%ith she aD?propriate.ippeal Iee_sperllted in the %Iat.ter I-ee Schedule within
20 days of service of the notice and order or stop work order. Failure to appeal the notice and order or stop
work order within the applicable time limits shall render the notice and order or slop work order a final
determination that the conditions described in the notice and order existed and constituted a violation, and
that the teamed party is liable as a person responsible for a code violation. A complainant who appeals the
determination of compliance by the City must file any such appeal within 20 days of service of the
determination of compliance."
Section If any section, sentence. clause or phrase of this Ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any outer section, sentencx, clause or phrase of this Ordinance.
Section 3. Effrgive Date. This Ordinance shall be in full force and effect five (5) days after publication of
the Ordinance Summary.
Passed by the Spol:Zme Valley ('it), Council this day of November. 200ri.
ATI EST= Mayor, Diana Wilhite
City Clerk, Christine Bainbridg.c
Approved As To Form:
Office of the City Attorney
Date of Publication:
Effective Dale:
Ordinance 06- Amcmhiw S%, NIC I o.;0.520 Appeal Fcc; P.:_e I of t
ms
jVd
Department of Community Development
Building Department
Code Enforcement
• Overview
• Use of Prism
• Use of Plus
• Use of Padal
• Summary
:one
Overview
• How Code Compliance uses prism
• How Code Compliance uses plus
• How Code Compliance uses padal
1
rrn nr
,;OOValley
Prism System
• C•xse CompliOce first sta,ts with a ; cirroa+nt and 6x:4.5 up the
suspected property in Prism
• Code compkanae obtains a pared Number
• We pnrq a copy of the Parcel Locator for the Me
• We pnrd a copy of the A W photograph of the property for the fib
• We can [Bert to sea K the property is close to bsinp foreclosed on try
trio County for tax purpoeee
• We can ervock and see wren the property was bougrt and sold
t,4e
,;,oO%Iley
Property work up sheet
a`{~~, epo Kana County ►areasl Oa[a Lonator
r~.•r • aw a.r awa.a•..r r-- -
..~ar. - - - r...a. rf+.a [ .anew rw.•f.« .
•,uar..aaa •a.r r..r vu.rru~~..r oar •,ua.r.a r.r a,...~~~~...
a\\ u... r •af . aan~,w•~
r•.r.~w. • .<Ar a.a,~ w•• f~•7•
c. ,.ra .vw.Yr+..• cnw.~ .•s .+•fac.N. r.v • a:. • a•...
.r•w ••f•I i• M•T IYr_w.~ •...~la~ r•~ • r f..~ r~ fa..tiY
rt•f~ M. .••,•aa~w •irr•. .:sass
ar• aaa,a~•a MY.•~.• •/•a• l~~ ~..•~,.....Yf... •r♦a..~.,~..a ~ a•a
Yr.. aw..r•Y• • •Y.far a.. Y...
2
cm u
ne
jValley
Arial Photograph
LM
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r
r~
tT
pane
4;O00VAley
Use of Plus
.In Code Compliance we use Pius for several different code
compliance functions
.We log our oomptaints In plus to obtain a tile Number
.We keep records of everything we do regarding a parcel In plus
.All fomia,photngraphs of property and letters sent to a property owner are
togged In plus
Me enter all dates that we need to rernernber in plus
.Plus has a reminder page that pops open every time we sign into plus that
tells us if we need to do something with a certain parcel that day
3
iu
SpoK
dal
,;,oO
ley
Starting a Project
rr J
M~
rn~
ne
VA ley
Project Startup
_O,
w :b-,Oft -0"0001 loaf &M I
i
4
t7lfI slV
4j;OOOvAky
Selecting Compliance Action
w • ti
lug .~..r J
r
*DMne
,;,oOVAIey
Milestone Setup
5
era r
VaEley
Milestones
-
a s: 1 1.rw~ ~ y.~ e.~r,.L I E.s 1 ca+~ ! +s'..-.LSr~...
u..
❑ u a6r~
L7 •:re~L.'r..a'ti.
7 e
rr~r ~'w aa~.e
hrar
C..a .1wM uiF~~
g r~aa~a La.a .wi_wrarr
t"T
R
Wl
Vetting up Teams for Reminders
Yi ~+Y.. ri, aLii E~ ws Gi94f R'FK3iL
a~ +e+ i r~~ a,r+-s ass I y ~ I wit
i
i i
L
tooool~
ItSs
;oOVal
Entering Logs
w~► . owes
I y...•.r.^ 1 L~• i ~ i rte. 1 It . ~ Ica ~
I _
J ~+A
Al :A
w J r J J -
i w e.r
L J -0
C'Ium
Reminders Received When First Opened
w 1.1• w
7
7
Spokane
O Valley
Teams used for reminders
cm cog
j Valle
Conditions or Notes
M. ~ r~ J .•r...^~ _I
y.• - .Y F. r~ utlr R.yl.
PAY Ca..ptt~N• ~ • i ~i.•
V
TRIAGE PLAN
Presented by:
Mike Thompson
Chief
Spokane Valley Fire Department
Pre Tier 1: Phone Triaqe
raot,r
wrl Y Tot 3- Y
NlrcDbpMCh EMS .Tramsporl? Ctif6rv_. '
IJr l7 N
Y
unslablo9 N Go 10W, 2
N FAC&r
TMpatq• He,mt~Tlot
:terse s r.MHC
Nunn Hot[ne At,*W for
A'Al
Y
C" Y h\'AI PCn
heed In. Eftblo for'
person N A4t.7? '
Prcvcc
6dorrnrfim
AVIA Antiviral Ale6ca6on
NFjHC Ne(g,borh: od [rnergefuy Help Cantor {Tror 1)
P00 a> Pont of Oispansitr3
Tier 3 Hospital
7lar 2 Acute Care Center
1
Pre Tier 1 Phone Triage Notes
• Calls to 919
- 16 trunk lines with 4 additional lines in
training room [confirm with 911]
- Training room could be used to augment fire
dispatch or could be used to isolate sick
workers who are not incapacitated but who
may be contagious
Pre Tier 1 Phone Triage Notes
• Nurse Hotline
- Various hotlines that are staffed with nurses or
providers who can do phone triage or assessment
- All would use same general triage script as will be
developed by the committee
- [task communication committee with identifying
what hotlines currently exist, how many lines they
each have, staffing, and contact information of
decision maker]
- [identify capacity of DEM to establish a phone
bank and what the details are of that capacity,
agreements with whom, number of lines, plans to
staff those lines, ect.]
2
l `1
.i
Pre Tier 1 Phone Triage Notes
• Unstable - determine if patient is unstable
- [task EMS to review Tacoma-Pierce phone
triage criteria (1a, 1 b, 1c) to see if appropriate
for Spokane and to suggest necessary
changes]
• Triage by Nurse Hotline
- [task EMS to review Tacoma-Pierce phone
triage criteria (1 a, 1b, 1c) to see if appropriate
for Spokane and to suggest necessary
changes]
L
Pre Tier 1 Phone Triaqe Notes
• Tier 3 Criteria Met?
- [task EMS to review criteria for triage
between tier 2 and -tier 3 facilities]
• Eligible for AVM
- [task policy committee for criteria where AVM
would be available to ill persons who do not
meet criteria for tier 2 or tier 3 facilities - what
circumstances would allow treatment of people
who are mildly ill]
3
Pre Tier 1 Phone Triage Notes
• Arrange for AVM
- Choice of referral to Tier 2 facility or AVM POD
- Determine who would have AVM
• Use of POD appropriate if using public health
stockpile, state stockpile, SNS or federal assets
• Likely only hospitals or tier 2 sites associated
with managed care organizations will have access
to AVM. Circumstances where AVM is plentiful
are likely situations where medical care would not
have to rationed in this sort of triage system
• Provide Information
- Communication committee will develop materials for
the general public
Tier 1: Neighborhood Emergency Care Center
NEHC
Transfer
to Tier 3
Facility
Y
Give IV/02 Triago for
ccmpliastion
Y
A;; 7h- at .R:-& a.N Tran>rer
NEWC HiF<!tcrsi•o to
Tear2
Fadlity
HydO:xK? N
Ottpatknt Rx .'Etipibte tor, .
AVfIM
DiVense Diapeme
'cold pak* N Y AVtt
NEHC Nooborhocd Errargancy Hold Cortor
AVLM a> Anch-Irel Medication
Tear 3 Fndwy=> Hospital
Tor 2 Facility Aoato Cam Ccrwcr
Cold Pack c> over the Cow'Iler (O'f•C) mearatlons
4
J
Tier 1: Neighborhood Emergency Care Center
NEHC
• Arrive at Neighborhood Emergency Care
- Look to developing common patient registration .
forms [task to Healthcare committee]
- Look to identifying what kind of buildings might
be useful at NEHCs and prioritizing this list [SRHD
SNS Coordinator]
Tier 1: Neighborhood Emergency Care Center
N( EHC)
• Churches
- Would have people who could staff facility who are
familiar with building layout/supplies
- Would have access to special populations such as
homeless with affiliated shelters or with churches
who have strong ties to the Russian, Spanish or'
Vietnamese communities in Spokane
• Community Centers
• Schools [Kris Hansen with Schools committee]
• Outpatient Medical Clinics
• Contact major clinics and Group Health to see if they have
plans for predesignating some of their sites as NEHC or ACC
sites [Healthcare committee members from major clinics]
_ 5
Tier 1: Neighborhood Emergency Care Center
NEHC
- Identify "go-packs" of equipment that could be
used to equip these facilities (basic medical
equipment such as blood pressure cuffs, pulse
ox, etc. [logistics subcommittee and/or SRHD]
-,Identify staffing requirements in terms of
medically trained individuals
• Staffing requirements for healthcare
facilities/clinics determined by facility/clinic
planning staff
• Staffing requirements for non-medical
buildings [Healthcare committee]
Tier 1: Neighborhood Emergency Care Center
NEHC
• Evaluate Patient for Hypotension or Hypoxia
- Develop evaluation criteria that would only utilize
basic "house call" diagnostic equipment. [task to
EMS/Trauma Council]
• Provide Supportive Care (IV or oxy_gen)
- Logistical concerns related to re-supply of centers
- Should NEHC be affiliated with a clinic or hospital
and coordinate re-supply with that institution?
6
Tier 1: Neighborhood Emergency Care
Center (NEHC)
• Outpatient Treatment
- Develop eligibility criteria for antiviral medication
[Policy committee]
- Would we hand out medication here or would we
issue a prescription where that person could pick
up the medication from a pharmacy or POD?
• If AVM are handed out then how are these
centers supplied and who will secure the
medication
• Triaqe for Complications
- Develop triage guidelines for transfer to Tier 2 and
Tier 3 facilities
Tier 2: Acute Care Center (ACC)
Provtln N Provide
erxUcr 02 Ar ibioGcs
A Live at Provide N AV`4' A`7d 2 - tlicnnron.
ACC end'or 02 EhgBle7. hPbL7 rneumorila : cNeda? .
7
~fr::6F:,itat
Home
lAaguc
ACC Aafe Care Canter
AVM Antiviral MedleMion
7
Tier 2: Acute Care Center (ACC)
• Identification of ACC sites [Policy committee
and Healthcare committee)
- Tent hospitals
- Nursing homes being designated as ACC facilities
- Other facilities
• Arrival at ACC
- How do you deal with self-referral of people who don't
meet the criteria for care at an ACC?
• Staffing of ACC
- AVM criteria for treatment [Healthcare committee]
• Discharge issues:
- Mass storage of cadavers
8
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 17, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Traffic Ordinance Amendments
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Informational memo to Council on September 12, 2006.
BACKGROUND:
School Zone 20 mph Speed Limit - when is it in effect?
Existing: The 20 mph speed is in effect when: children are present on normal school days between
the hours of 7:30 a.m. and 4:30 p.m.
Central Valley School District has requested the hours to be 7.00 a.m. to 4:00p.m. (See attached
letter from CVSD)
Proposed Changes to the School Zones:
The recent acceptance of the flashing beacon grants from the Washington Traffic Safety Commission
necessitates a change in the City's speed limit ordinance. The beacons are intended for operation
with a 20 mph sign and a "When Flashing" plate. Modifications are also necessary to the school zone
boundaries at Progress Elementary, University Elementary and Sunrise Elementary to facilitate the
flashing beacons.
Additionally, the Principal of Broadway Elementary has asked for a 20 mph school zone to be
established on Alki Avenue south of the school. There are two gates in the school's fence, and many
students walk on Alki to avoid Broadway. The school zone limits would be "Alki Avenue from Glenn
Road to Pierce Road
Attached for your review is a proposed ordinance and resolution detailing the above changes.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS: None
STAFF CONTACT: Neil Kersten
ATTACHMENTS Proposed Ordinance and Resolution, letters from Central Valley School
District, School Hours
CiTY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 06-
AN ORDINANCE OF TI-IE CITY COUNCIL OF THE CITY OF SPOKANE VALL-lY.
SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL.
CODE SEC'ITON 9.05.030 TO ALLOW 7'HE ADOPTION OF SCHOOL SPl-FT) 70NFti
AND *1'0 AI.i.OW SIGNAGE OF SCHOOL. SPEED ZONES Pllh';1 I i 1 ~
WASI]IN(iTON ADMiNiS' RA'i'IVE Co I)li SEC'i'ION 395-15 f -035
Will REAS, the City of Spokane Valley adopted the maximum speed limits set f01"111 1!1 pit 4-- nL
Code as Spokane Valley Municipal Code section 9.05.030; and
WHEREAS, the City of Spokane Valley may modify the maximum speed limits on its streets by
resolution or ordinance pursuant to Spokane Valley Municipal Code section 9.05.030; and
WI IFREAS. the; City of Spokane Valley may establish school speed zones pursuant to Revised Code of
Washington section 46.61.440; and
WHEREAS, Washington Administrative Code section 395-151-035 sets forth various methods tier
designating school speed zones with signs;
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,
ordains as follows:
Section I. Amending $ kane Valley Municipal Coal- section 9.05.03Q. Spokane Valley
Municipal Code section 9.05.030 is hereby amended as follows:
Dormer Speed Limits Retained, The maximum speed limits for streets established by the
Spokane County Code and as otherwise established by Spokane County ordinance or
resolution for which speed limit signs have been duly posted by Spokane County, are
hereby adopted as the speed limits on those said streets in the City of Spokane Valley,
1t+~1r5ti 144 tt+tmt+1 ;}tier}I cwt:it.+};}~. }~c wts t ,~se}ttti+,fr ,~rtf4l woe. Ilic ('its .,t
Sw~e Palley may amend or adopt such school speed zones as ncc~~ary and ma)
de-Aynatc %c t )sped mar with any oC the signage options pursuant to Washinxtt,;,
Administrative C~4dc section 392-1 s 1 -0i5 as adopted or amended. Pic Council shali
d lied t-- i r 1. 11 k'J It'i. ' : f 7 _ I !li
lSttlbi1511 afrV Phang-S ill _ Ste
--C- - -
Section 2. Severabilitx. If any portion of this Ordinance or its application Io anv per-um or
circumstances is held invalid, the remainder of the Ordinance or the application or the provision to ether
persons or circumstances shall not be affected-
Section 3. Effective Date, This Ordinance shall he in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
PAtitiF.D h) die City Council this day ofOctobvr. 2006.
Mayor. Dianna Wilhite
ATTEST:
City Clcrk, Chris: Bainbridge
Approved as to Form:
{ ~ftic~ c t Oic 4}rn~ti~ City Attorney4-t:fv 44fj4t4l
D atc of Publication:
Effective Date:
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COiJNTY, WASHINGTON
RESOLUTION NO. 06-0'*"
A RESOLUTION ESTABLISHING THRFE RF,N'ZSED SCHOOL SPEED ZONES;
ESTABLISHING A NEW SCHOOL SPEED ZONE; AND REVLSIING TWO SCHOOL
SPEED ZONE SIGNS PURSUANT TO SPOKANF. VALLEY MUNICIPAL CODE
CHAPTER 9.05.030
WHEREAS, the City Cuuncil from time to time Ina% lo%Ner thv sp.cd limit In resptmse to
increased traffic in and around school property; and
WIII;REAS, the City Council adopted Spokane Valley Municipal Code Section 9.05.030, which.
in part, provides that the maximum speed limits for streets can be established by ordinance or resolution;
and
WYIERI~1S, the City Council adopted Spokane Valley Municipal Code Section 9.05.030, which,
in part, provides that designated school zones may be si;ncd and enforced in accordance with
Washington Administrative Code Section 392-151-035; and
WIiL'RE.AS, the City Council has authority under SVMC 9.05.030 to change speed limits, which
is an exercise of the police power of the City to protect the health, safety, and welfare of its citizens,
NOW TNL• REFORE, be it resolved by the City Council of the City elf Spokane Vallee, Spokane
County, Washington, as follows:
Section 1. Revised School Speed Zone,: The following City school speed zones shall be
amended as follows:
• the existing school speed zone at Broadway Avenue from 300 feet west of Progress Road to
300 feet cast of St. Charles Road shall be amended to Broadway Avenue from 300 feet west of Progress
Road to St. Charles Road
• the existing school speed zone at University Road from 18'h Avenue to 15,h Avenue shall be
amended to University Road from 19'" Avenue to 160' Avenue
• the existing school speed zone at 24 h Avenue from 600 feet west of Adanis Road to Adams
Rotld Sll;ill he amended to 24' :'\~'Cntlc fr,11il .!110 fec( t1c;i i~f Calvin tt!;Si1 to 2t►11 ftcl Cast ot'Adanis
Road
Section 2. •stablishine New School Speed Zonc: The following City road section shall be
designated as a school speed zone:
• Alki Avenue from (olenn Road to fierce Road.
Section 3. Revised Signs for School Spced Zones: The following City school speed zones
shall be designated with signs that indicate that the 20 mile per hour speed limit is in effect and
enforceable when the attached beacon (lashes and shall state "School Speed Limit 20 When Flashing":
• Broadway Avenue from 300 feet west of Progress Road to St. Charles Road
. lfnivcrsity Road from 19th Avenue to 16"' Avenue
Resolution changing School Speed Zones Paec I Of
RAFT
- Section 4. SeverabilitY. If any section, subsection, sentence or clause of this Resolution is
for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of
this Resolution.
Section 5. Effective Date. This Resolution shall be effective upon adoption.
Adopted this day of October, 2006.
City of Spokane Valley
Mayor Diana Wilhite
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Resolution changing School Speed Zones Page 2 of 2
`r, 'i
2006
19307 EAST CATALDO
SPOKANE VALLEY, WA 99016
(509) 228-5400
CENTRALVALLEY
SCR DOL DISTRICT 911 e
May 8, 2006
Neil Karsten, Public Works Director
City of Spokane Valley
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
RE: School Speed Zone Signs
Mr. Kersten:
I have been working with the Spokane Valley Sheriffs Department, specifically Sgt.
Gores, to determine the feasibility of establishing common traffic signs around the
schools withinlthe~Central Valley School District. Sgt. Gores has been most helpful in
our quest to standardize the signage and I'am •requesting that the Spokane Valley.City.
Council consider the following:-
1. Recognizing that the signage around the schools zones in the Central Valley
School District is not standardized, please consider adopting a standard school
zone sign to be posted around schools within the district. Attached, see sample
signage currently in place around our schools as compiled by our Security
Resource Officer.
2. Consider a 20 mile an hour school zone speed limit, from the hours of 7:00 a.m.
to 4:00 p.m., Monday- Friday.
3. Sgt. Gores, working with other state agencies, can acquire the signs at no cost to
the City of Spokane Valley for the purchase of the signs.
4. Consider using volunteer labor to erect the signs should the City of Spokane
Valley not have the funds to complete the project. Our goal would be to have the
signs in, place for the beginning of the 2006-2007 school year,:having .thq...safety
of children in. mind. '
pne N om`
19307 EAST CATALDO
AUG~
~a 2 2006 SPOXAME VALLEY, WA 99016
U 6091228-5400
r
\ J CENTRALVALLEY ,
`J S CHO 0 L 01 STRICT V3 S4
July 27, 2006
Neil Kersten, Public Works Director
City of Spokane Valley
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206.
RE: School Speed Zone Signs
Mr. Kersten:
The Central Valley School District has been working with the Spokane Valley Sheriff's
Department, specifically Sgt. Gores, to determine the feasibility of establishing common traffic
signs around the schools. located within the Central Valley School District. Having had direct
conversation with* :Mike' Pearson, Superintendent of the Central Valley School District, please
know that we too, would endorse standardized school signs within the Spokane Valley.
Recognizing that the safety of our students is of paramount importance within each of the
three valley school districts, standardized signage within the Spokane Valley would be very
much appreciated.
The Central Valley, East Valley and West Valley School Districts thank you for your
consideration of this request.
Sincerely,
Polly owley, Su erintendent ristine urgess, Superintendent
West Valley School District East Valley School District
Cc: Sgt. Gores, Spokane Valley.Sheriffs Office
Inga Note, City.of Spokane Valley
School Hours, City of Spokane Valley
Central Valley School District
Elementary Schools
9:05 - 3:05 (10 schools, 19:00 - 3:00)
Middle Schools
8:20 - 2:50
High Schools
7:55 - 2:25 CV
7:35 - 2:15 University
8:30 - 2:30 Barker
NOTE: CV schools have a 1 hour late arrival schedule on Thursdays
West Valley School District
Elementary Schools
9:00 - 3:30
Middle Schools
8:15 - 2:45
High Schools
8:00 - 2:25 WV
District 81
Elementary Schools
9:00 - 3:00
East Valley School District
Elementary Schools
8:45 - 3:15 Trentwood
8:45 - 3:15 Skyview
8:45 - 3:15 Trent
8:45 - 3:15 Odis Orchards
8:45 - 3:10 East Farms
Middle Schools
7:50 - 2:18 E.V. Middle
8:00 - 2:30 Mountain View
High Schools
8:00 - 2:30 EVHS
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 17, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Street Maintenance RFP Discussion
GOVERNING LEGISLATION: Interlocal Agreement 06-0172 with Spokane County Regarding
Road Maintenance
PREVIOUS COUNCIL ACTION TAKEN: Agreement 06-0172 approved February 16, 2006
BACKGROUND:
Staff report will update Council on the progress of contracting street maintenance services for
the 2006 calendar year and discuss options for service in 2007. The Interlocal Agreement for
Road Maintenance Services with the County proposes that most summer related road
maintenance activities are contracted to private providers in 2008. Staff proposes to issue
Requests for Proposals (RFP's) for the highlighted activities on the attached spreadsheet.
Early in 2007 we will have the results from the Street Master Plan effort which will provide us
with a comprehensive look at all costs associated with maintaining, upgrading and improving the
City's street system. In anticipation of the Street Master Plan information staff will briefly
discuss the possibility of contracting services with a single provider in the future. We have
received interest from two firms that specialize in assisting contract cities with a full range of
street maintenance activities.
RECOMMENDED ACTION OR MOTION: Council concurrence with issuing RFP's for the
selected street maintenance activities
BUDGET/FINANCIAL IMPACTS: The budgeted amount for the selected activities is
$1,850,560.
STAFF CONTACT: Neil Kersten, AIA, and John Hohman, P.E
ATTACHMENTS:
2007 Street Maintenance Budget
Street/Stormwater Maintenance Budget
Item Oriainal Revised
2007 2007
Street sweeping including spring and fall cleanup $520,062 $620,062
Street maintenance including pavement removal and replacement, crack
sealing, winter and summer pothole patching, sidewalk, paths, median $934,469 $934,459
maintenance guardrail and fence maintenance
Repair and maintenance of gravel roads and shoulders $112,761 $112,761
Snow Removal including liquid deicing, sanding, snow removal $943,958 $843,968
Bridge repair and maintenance $20,726 $20,725
Traffic Services including signal and sign maintenance and repair, stnpping, $634,200 $634,200
crosswalks
Drywell replacement and repair $107,162 $107,162
Cleaning siomnnrater structures including disposal $176,126 $176,126
Litter Control $13,816 $13,816
Landscaping, irrigation, weed control, swale maintenance (Pro Care Inc.) $81,000 $81,000
Brush clearing, trimming and roadside mowing $63,715 $63,715
Investigations and Emergency Callouts $60,782 $50,782
Total $3,668,756 $3,668,766
Reduction S100,000
DP.a%f
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of October 12, 2006, 11:30 a.tan.
Please note this is a work in progress; items are tentative
To: Council & Staff From: City Manager
Re: Draft Schedule for Upcoming Council Meetings
October 24, 2006 Regular Meeting, 6:00 p.m. [due date Monday, October 161
1. PUBLIC HEARING: Final Hearing on 2007 Proposed Budget [15 minutes]
2. PUBLIC HEARING: CDBG - Greg :McCormick [15 minutes]
3. Consent Agenda: Minutes, Claims, Payroll; Resolutions (2) setting Public Hearings (vacations) [5 minutes]
4. Second Reading Proposed Ordinance Levying Property Tax [10 minutes]
5. Second Reading Proposed Ordinance Confirming Fxcess Propertv'rax Levy [10 minutes]
i [10 minutes]
7 111! tl it hi ;:71&1`.lliol1. rxtcaa Iic.0ttle t U''.t471J11t•ltlull`: tvi h~ nlprchctti~
/11iIL'111I111CU1> - ~1:►!UW ~112}.1l1? _
AdU11111strative Kcport. S. Proposed 1-ce Resolution Kean I hompson [15 minutes)
9. UDC Title 20 Subdivision Regulations (aka Title 14) Greg McCormick [20 minutes)
10. Sitc Selector Analysis - Morgan Koudelka 10 minutes
InfOrniation Only: 12. Records Management - Chris Bainbridge
13. Right-of-way Permit Process Update - Morgan Koudelka
14. Update on SRTC 2006 Call for Projects- Steve Worley
15. Update on STA Grant Pmjects - Steve Worley
16. Department Reports (estimated meeting: 140 minutes*]
October 31, 2006 - No Meeting
November 7, 2006 Studv Session, 6:00 p.m. [due date Monday, Oct 301
Employee Introductions
1. Recreation Programs Update - Mike Jackson/Jennifer Cusick 20 minute~)
3. Update on UDC Project - Marina Sukup (40 minutes)
TOTAL MINUTES: 80minutes
November 14.2006 Regular Nleeting 6:00 p.m. [due date Monday, November 61
1. Consent Agenda: Minutes, Claims. Payroll [5 minutes]
2. Second Reading Proposed Ordinance Adoption of 2007 Budget [10 minutes]
3. First Reading Proposod Ordinance Amending SVMC 2.50 - Nina Regor [10 minutes]
-i. First Reading Proposed Ordinance Amending Right-of-Way Permit Process - Morgan
Koudelka/Inga Note [ 15 minutes]
5. Proposed Resolution Replacing 03-015 -Nina Regor [10 minutes]
6. Proposed Resolution Replacing 04-020 - Nina Re-or 10 minutes
8. Motion Consideration: CDBG Submission of Application (formal vote) - Greg McCormick [10 minutes]
Administrative Reports:
9 [15 minutes]
[estimated meeting: 95 minutes*1
November 21, 2006 - Thanksgiving Week - No Meeting
November 28, 2006 Regular Meeting 6:00 p.m. (due date Monday, November 20]
1. Consent Agenda: Minutes, Claims, Payroll [5 minutes]
2. Second Reading Proposed Ordinance Amending SVMC 2.50 - Nina Regor [10 minutes]
3. Second Reading Proposed Ordinance Amending Right-of-Way Permit Process - Morgan
Koudelka/Inga Note [IS minutes]
Deft .advance Agenda IW2R006 11:33 AM Page 1 of 2
•1. Proposed Resolution.- %faster Fee Schedule - Ken -11ompson (10 minutes)
Administrative Reports:
5. North Spokane Corridor (US 395) Update - Jerry Lenzi, Dept of Transportation [20 minutes]
6. Cable Television Public Access Concept: Community-Minded TV - Dan Baumgartcrten [30 minutes)
7. Lodging Tax Advisory Committee Grant Recommendations Rpt-Deputy Mayor Taylor [30 minutes]
Information Only: 8. Department Reports
9. Response to Public Comments [estimated meeting: 120 minutes"1
Thursday, .November 30, 2006, Communtyn, R orkshop #3, 6:00 P.m. - 9: no p.m.
Nfeeting Place: Decades Bmiquer Facilitv, 10502 E ,Sprague Avenue
December 5. 2006 - No Meeting
December 5-6, 2006, AIL C 8P Annual Coneress of Cities Conference, Reno, Nevada
December 12, 2006, Reeular Meeting 6:00 p.m. (due date Monday, December 41
1. Consent Agenda: Claims, Minutes, Payroll [5 minutes]
Motion Consideration: Lodging Tax Advisory Grant Fund Allocations - Deputy Mayor Taylor (5 minutes]
3. Mayoral Appointments: Committee/Boards/Planning Commission, etc - Mayor Wilhite [15 minutes]
4. JUB Presentation Steve Worlev [60 minutes]
(estimated meeting: 85 minutes'
December 19, 2006, Study Session, 6:00 p.m. (due date Monday, December 11 J
December 26, 2006 - Christmas Week - No Meetine
January 2, 2007, Study Session, 6:00 p.m. (due date Tuesday, December 261
January 9, 2007, Reeular Meetine, 6:00 P.M. Idue date Tuesday, January 21
January 16, 2007, Special Joint 4ieeting 6:00 p.m. [due date Monday, January 81
Joint CounciUPlanning Commission Session for Sprague/Appleway Revitalization Plan
'Jan nary 23, 2007, Reeular Meeting, 6:00 p.m. [due date Tuesday, January 161
I
OTHER PENDING AND/OR UPCOMING LSSUES/NIEFTINGS:
Noise Ordinance (Construction Activity)
Conveyance of Milwaukee Right-of-way - Cary Driskell
UR-I Extended Zoning Expires March 6, 202
NLC Congressional City Conference March 10-14, 2007, %Vashington. D.C.
Student Advisory Council Bylaws - Councilmember DeVlcminl;
Modified Crime Check
Joint Housing Authority Participation Intcrlocal Nina Itegor
Vacation of Streets: Payment of Value
BOCC Definition of Regional Service.
Light Rail
Central Valley School District Impact Fcc Rcquc,t
Proposed Sidewalk Ordinance
Sewer Collection Systems -Neil Kersten
SEPA Mitigation Strategies - Cary Driskell/Greg McCormick/Neil Kerstcn
Planned Unit Development (PUD) Policy !,sues - Marina Silk up' like C orln,.•l1ti
Accident Statistics along Broadway - October, 2007
Geiger Agreement - Morgan Koudelka
I • estimated meeting time does not include time fiir 1'ubltc conuimits]
Draft Advance Agenda 10112)2006 11:33 AM Flage 2 of _
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 10-17-06 City Manager Sign-off.
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
XX Information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Draft Governance Coordination Manual
PREVIOUS COUNCIL ACTION TAKEN: The purpose of this agenda item is to give
Councilmembers an opportunity to review proposed changes to the Governance Coordination
Manual. A redline version and a clean version are attached.
10* 00 tw_-- are to serve as Council
reminders.
This item is scheduled as an Administrative Report for October 24, and as a proposed
resolution for the November 14 council meeting.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS:
STAFFICOUNCIL CONTACT: Councilmember DeVleming
ATTACHMENTS Redline version, and clean version of Governance Coordination Manual and
Exhibits
Draft for K e p i e" n k Formntt& r-j,t: 16 of Wd
Fonnotlsds Font: 16 tR
Forrraatad: Font: 16 1a, t3oW
OF
CITY S
pokane
%Iley
40;00
A TTA C FIWNT A
nation
Governance Coordination
Manual
Resolution No. 05--G2-1-
A Comprehensive Collection of Meeting Rules,
Coordination Procedures, Administrative Public
Hearing Procedures, and Applicable References from
the Revised Code of Washington
Adopted Sept"ember 1-1, 2005
Resulution 03-028 adoptal 5-13-2003
Resolution 04-013 adoptod 5-23-2004
6overnanc¢ Manual 1
1) r.i ft fu r R c% I e N% O n l y Fannotts& Fort: 16 pt Bold
Fptetottod: Four: 16 pt
FcwTnattnd: Fcw+4 16 rt. Mid -
TABLF. OF CONTFNFS
ARTICLE 1 - COUNCIL !1iEETLNCS a
1.01-1 Council Meetings - rime and Location 3
1.01.2 Council Meetings - Open to the Public ..................................................................................1
1.02 Election of Officers -t
1.03 Presiding Officer .t
1.04 Quorum ............................................y . .
1.05 Attendance, Gcused Absences .
1.06 Special Council Meetings .
1.07 Council Materiel
1.08 Council Packets
1.09 Council Meeting Agenda I Consent Agenda .
1.10 Approaching the Dais
1.11 Study Sessions and Workshops
_ _ _
.
1.12 Council 'rruvel Provisions
1.13 Telephone Tree _
_
1.14 "Throe Touch Principle" -
1.15 City Manager _ u
1.16 City Clerk - Minutes - Public Information Access... .
1.17 City Staff-Attendance at Mceting3
ARTICLI. 2 - Dt)TIFS AND PRIVILEGES OF MEMBERS.........
2.01 Respect and Dccontnt
2.01 A Forms of Address y.......................... _ u
2.02 Seating Arrangement v
2.03 Dissents and Protests . 4
2.04 Filling Council Vacancies W
ARTICLE 31- COUNCIL PROCEDURFS
3.01 RulcsofOrder
3.02 Motions.....
3.03 Order of Business
3.04 Adjournment Due to Emergency or Dismption
_..4_
3.05 Permission Required to Address the Council
3.06 Voting and Teldvideo Cnnfermcing.... . I ?
107 Enwtcd Ordinances, Resolutions and Motions........................................................_...........1
3.08 Ordinances 1 '
3.09 Resolutions c
3.10 Reconsideration.-------...........................................
3.11 I.egislative ProcM Preparation, Introduction and Flow of Ordinances. Resolutions and
Motions
3.12 Complaints and Suggestions to Council
3.13 Photographs. Motion Pictures, Video rape - Permission Required for Artificial
l:l~~nusitirn~
~i,r.ccrnan:c `.lanual
Draft for R t.• % i c w 00% Fonmtte& FaaC 16 pt. Bad
/Ld: ForR: 16 pt
FornsstLsd: (uM: ifi dt, 9dd~
TABI.F. OF CONTENTS, Continued
ARTiCl-F. 3 - CO5IMTTTEm BOARDS 1h COM.NtsSlOls.........».».._-.....-....... .
4.01 Committees
4.02 Council Relations with Boards, Corn mic5inat and Council Citizen Advisory Bodies....... 1=
ARTICLE 5 - RELATIONS WTTl1 CTTY MANAGER & ADMAN STRATION l
5.01 Role of the City Manager,..... 1
5.02 Administrative Interference by Councibnembers .__...y............................. ; l
5.021 Infunnai Communications Fmcoursgod.._.__.....__................
5.03 Administrative Complaints Made Directly to Individual Coundimembere
5.04 Administrative Complaints-"Best Practice
ARTICLE 6 - PUBLIC HEARING PROCEDURES_......... 1
r- 2 Zeciews Am am -New+ng
¢ (K1 Ts=of Public Hearings.-
4.01 l ;1WIgive Public Nca~ng. _ - : i
6.Q'Quasi-Judicial Public tlcarin¢ ..w
I. Sp~i t¢ $fAtutQZ Pm%isions I
Actions Procedures for Oua`i-)udicW Public Hearing _ - I_
ftblic I tearing Format
4 ,~p(~cstpRCt !~f l ltlr~r~~)c~cirinc .
ARTICI.F 7 - t'SF. OF RUt_F.S
_
7.01 ~
7.02 Use . .r...... -
7.03 Public Use ur Reliance Not Intended.
Exhibits and attachments:
Exhibit A-1 Telephone Tree Memo........ » .
Exhibit A-I Telephone Tree for Council / Manager Chart ....._.....r......
Exhibit A-3 Parliamentary Procedure at a Clance......
Gn~crn~ncc Mtimnl
Draft for Review Only Formatted: Fort::6 pt. Bold
Ponnoned: FaW. 16 pt
16 r-1. 1-41
Exhibit A4 Legislative Proms Flow Chart
Exhibit A-5 Committee Structure and Rules .....».....»....W...» _
Exhibit A-6(1) Task ForcelTown Ball Meetings General Model._...._.........».
Exhibit A-6(2) Multi-Agency Coordination Task Force Model
Exhibit A-7 Citizen's Task Force General Model Chart .
Exhibit A-S Revised Code of Washington. 35A.13, CouncilINtanager Ptan -
Euhibit A-9 Grneral Policy R"oiu(lon ur(-ori Ilclicr%
: -
1 r,%rmancc %Innu.,J 1.
Draft for Review Only F="uotsd:Fort:16AMW
tsotrnattaid: flint 16 pt
Format: d: Font: :6 pt, 6 old
ARTICLE I - COUNCIL MEETTNGS
1.01.1 Council Meeting-Time and Location. All regular mectinG; of the City Council shall he held nt
the tunes and locations specified by applicable ordinances and rcxwlutioa-, of the Council.
1.01.2 Council Meetings - Open to the Public. All meetings of the City Council and of commilfcr,:
thereof shall be open to the public, except as provided for in RCW 42.30.110 or RCW 42-30.140.
1.02 Election of Officers. Procedures for electing of leers are as follows:
(a) Biennially. at the first meeting of the new Council. the member% thcreuf shall chuosc a
presiding officer firm their number who shall have the title of Mayor. In addition to the
powers conferred upon him/her as Mayor, be/shc shall continue to have all the rights,
privileges and immunities of it member of the Council. If a permanent vacancy occurs in
the office of Mayor, the members of the Council at their next regular meeting shall select
a Mayor from their number for the unexpired term. Following the election of the Mayor.
there shall be an election for a Deputy Mayor. T1ne term of the Deputy Mayor shall nun
concurrently with that of the Mayor. (RCW 35A.13.030)
(h) the election for Mayor shall be conducted by the City Clerk. Fhc City Clcrk shall call for
nomination. Each member of the City Council shall be pennitted to nominate one (1)
pcr5on, and nomination shall not require a sccood. A nominee who wishes to decline the
nomination shall so state at that tithe. Nominations arc then closed. Tine election for
Dcputy Mayor shall be conducted by the Mayor, and nominalions shall be made in the
manner previously described for the election of the Mayor.
(c) Except when there it only one (1) nominer- election shall be by written ballot. Each
ballot shall contain the name of the Councihnember who cast it The City Clerk shall
publicly announce the results of the election. 73nercafter, the City Ci is shall record the
individual votes by ovmlcilnwmbas in the minutes of the meeting
In the event the Council is unable to agree on a Mayor by majority vote of members present, the Office of
Mayor shall be temporarily filled by an Acting Mayor. Tres shall be resolved in a contest by chance.
71ne office of Acting Mayor shall be filled by the Councilmember who just previously serve) as Deputy
Nloyor, or if such person is not a member of the Council. the Councitmember with the next highest
seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such
authority as is described in RCW 35A.13 until the members of the Council agree on it Mayor, at which
time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate.
1.03 Presiding Officer. The Mayor shall preside at meetings of the Council and be rccogrnizc d as the
head of the City for all ceremonial purposes. The Mayor shall have no regular administraiivc or
executive duties In case of the Mayor's absence or temporary disability, the Deputy Mayor shall
act as Mayor during the continuance of the absence. In case of the absence or temporary inability
of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by members of the
Council shall act as Mayor during the continuance of the absences. 'Me Mayor. Deputy Mayor
(in the Mayor's absence) or Mayor Pro Tcm are mrcncd to as "Presiding Officer' from
tltne•to-time In these Rules of Procedure.
I ct MayarrCouncil CQGIOr ndeo ace. t',IL► nlr Mj!crs rtct US thtu in the &'ouuncii'Managg forip Formrtbm& Font told
of uoscmmcnt. the MW>r is rrcmizzW by community members as a inttlf=contact L-
f?ci.!it}ue full commun_Vaions- <tafl' will wptk_µ ith the Mas or it) circulate to f, nuncilni tuber-
Forms mh Font 16 M Sdd
Draft for R e % i c " O n l F«maftee: Font 16 p<
rormsttM: % rent 16, M, d.1
li` n!ni tl r then it !C: t rl u+nt,u ( F•;t,trgn C;Urcrr vid I11C ( 155
f 1.0:: Quorum. At all meetings of the Calmed. a majority of the Councilmembers who hold office:
shall constitute a quorum for the transaction of business. A lesser number may adjourn from
time-to-time provided that written notice of said adjournment be posted on the exterior Council
C-luunber doors per RCW 42.30.090. Council meetings adjourned under the previous pnlvision
..hall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12-120)
I.0-r, A"ends rice. Excused AbsenceL RC:W 35A.12.060 provides that a Councilmember shall forfca
biwbcr office by failing to attend three consecutive regular meetings of the Council without bcir
excused by the Council. Members of the Council may be so excused by complying with this
section. The member shall contact the Presiding Officer, City Clerk. or City Manager prior to thr
meeting and state the reason for histba inability to attend the meeting. Following roll call, th:_
.~~r-~►r rem-
Presiding Officer shall infixm the Council of the member's absence,
- and inquire if there is a motion to excuse the member. This motion shall be
nondebatable. Upon passage of such motion by a majority of members present. the absent
member Shall be considered excused and the City Clerk will make an appropriate notation in the
minutes.
1.0#•' Special Council Meetings. Procedures for setting a special meeting are as follow:
(a) A special meeting may be called by the Mayor or any three (3) members of thy: t our:c;l
(R(' W 35A.13.170, 35A.12.110)
tl+) Notice of the special meeting shall be prepared in writing by the City Clerk- 7 he r.ri:;
shall contain the following information about the meeting: time, place, and businc~s to he
j transacted 1?tt~c,rcY-rm :ha?l hr e{~{~n-i w3 h+ +he( ,:i :strr±.
(c) The notice shall be delivered by regular or electronic mall or personally to the rssidencr
of each Councihnember, the City Manager, and the business office of each local
newspaper, radio and television station which has on file a written request for notice of
special meetings. The notice must be delivered at hest twenty-four (24) hours prior to the
meeting.
(d) Ibc notices provided in this section may be dispensed within the circumstances providc l
by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the
meeting convenes, files with the City Cleric it written waiver of notice, (2) As to am
member who was actually present at the meeting at the time it convenes, and (3) In the
event a special meeting is called to deal with an emergency involving injury or damage to
persons or property or the likelihood of such injury or damage, when time requirement;
of such notice would make notice impractical and increase the likelihood of such injur}
or damage; or as otherwise provided by law.
1.0=`t Council Material. Councilmembers and affected staff should read the agenda material and as
clarification questions of appropriate staff prior to the Council meeting, when possible.
I.OS9 Council Packem --Councilmcnthrrs shrill pcnomilly rick up their agenda p.wkct,. ft-,m th
inditidual mailbmreS pani.led tlt:: ( it-, l (::•rk. ;:t': ,'ICt;~i c trru c+l by the rit:r' r + r
e „-rvrnr:~c !.!a!u~t
Draft fill- r R rOc u (MIN Pat sauced: Fam 16 pt, deed
Forma Font: 16 pt
Forn ittad: Fart: 16 pt. RoW _
1.1,044 Council Meeting Agenda4:'onsent Agenda. !hc Cit) Clerk, under the direction of the City
Manager in consultation with the Presiding Officer. shall arrange a lisp of proposed matters
according to the order of business and prepare an agenda for the Council. After the proposed
agenda has boat reviewed and approved by the Mayor, the Presiding Officer shall have the option
of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be
prepared for Councilmembers, the City Manager, and the media who have filed a notification
request. on or before close of business on a Friday preceding a Tuesday regular Council meeting
or at the close of business at least 24 hours preceding a special Council meeting. Any revised
3gcnda thereafter distributed shall contain the date, time and author of the revision. Distribution
of the agenda to CouncUmcmbers shall be as directed by Council end may be by mailboxes in
City Nall, Fax, E-mail or pasanal delivery when requested-
Requests for presentations to be schedule) an the formal agenda imply that the presentation Is the
official business of the City. Playing of video tapes shall be pre-screened by the Presiding
Of2iocr or designs who shall rule on the appropriateness of the video tape.
The Presiding Offices. three (3) Councilmembcrs, a majority of the Courtcihnembers prE--m , or
the City Manages may introduce a new item to the agenda at a meeting.
(a) ibc City Manager. in consultation with the Presiding Officer, shall place matters an the
consent agenda which: (1) have been previously discussed by the Council; or (2) based
on the information delivered to members of the Council by administration can be
reviewed by a Councilmcmber without further explanation; (3) are so routine, technical
or "housekeeping in natum that passage without discussion is likely; or (4) otherwise
deemed in the best interest of the City.
(b) The proper Council motion on the consent agenda is as follows: "I move approval -of the
consent agenda." This motion ..haNbrnc>n t44etaMe and will have the effect of moving
to approve all items on the Consent Agenda. Since nppro% I „f nn) i:cm on the consent
agenda implies unanimous consent, any meml-r of !~7c Cou:%] ' hiil 71.i%c t'le rirht to - -
remove ?ny item from the consent agenda Thcrcfirc, ptfor tp the sotc on the motion w Forffmfto& ttgtrHya
uriuuva the i:ottserit"nntcnds, the ir6ildlnj t~R9acr tthall inquire if any Cahtndimembcr
%61, has an item to bo w1thilrawn from ilia cunwmt agenda. If any materr Is withdraail, the
V-c-,idin3 0 (ricer shall place the Itet*_n at 3n -wraTeiale pluee on the agtttcdut fix the
iumcn.1 .--.r :k Nt:rrs trxtin2.
1.114 Approaching the Dais
'llhe intent of adding this item specifically to our Governance h4anual is to make it clear to Stiff,
Council and the general public once a Council meeting has been called to order, stepping bt:nveeh
the podium and the dais will not be allowed. '11hi.s includes. but is not llntited to, video reomiJing.
cull photography, tape recording, and A- ittcn handouts.
Approaching the dais will not be permitted after ten minutes prior to the start of the mating.
Me Council rc=vcs the tight to invite anyone forward to be addre"cd at the dais.
1.12 : Study Sessions and Workshops. Regular or Special Council meetings, or portions thereof. may
be designated as Study Sessions by the Presiding Officer. Study Sessions treed have no formal
agenda, except when required for special meetings under RCW 42.30.080, and may be oonductcd
irsformally so long as such informality is not in conflict with these rules. The purpose of Study
Session discussion is to allow Councilmernberz To he made mvare of impending husint:s and
cQva-rrance ntanusl 7
Draft for R u% u% I e N n lv Formatted: Fwx: 16 pr, Bold
Forma!ttadr Font- 16 pt
Fw.. nt eel: Fort 16 pt, Md
allow informal dit-cession of i&sucs that might be acted on at a future meeting. The purpose of
Workshops is to allow Councilntcrnbrn to do concentrated preliminary weird: with
administration on single subjects but time consuming. complex matters (Le_, budget complex
legislation or reports, etc.). Workshops and Study Sessions shall be in a less formal setting,
c l 111_116 tk ~auti1 J$111r. tllan At the dsiS,but shall not discourage public observadon. Public
comment is not allowed at study sessions although the Council may request participation in the
-.amc manner as a regular Council meeting. The City Clerk under the direction of the Cis
Managger, shall arrange a Council study session or workshop workshtet for the meeting. Vie
worksheer shall, for each Kenk contain the d1sa!rsston subject, the dismission lewder, the actlvirr
and the discussion goal. After the proposed worksheet has born approved by the Presidirw
officer, a copy shall be prepared for Councilmcmbers, the City Nfanagcr, and the prrx%, on or
before 4:30 p.m., one (1) day before the Council study session or workshop. During the Council
study session or workshop, the drsaresrion leader should.
(a) introduce the subject and give background information:
(b) identify the discussion goal.
(c) Act as facilitator to keep the discussion iocu-scd to«ard ibex goJa, anti
(d) Alert the Presiding. Officer when it is appropriate to call for a conscasts, motion or
official direction of the Council.
The role of the Presiding Ofticcr is to tltcilitate Councilmembers engaged in free flo%in_
discussion without the necessity of each comrcilmember being recognized by the prcsidin,,
Offcer. The Presiding Officer retains the option of assuming the function of the discussion leader
at any time in order to maintain decorum and ensure all counciimcmMrs have the opportunity to
he hearts, and to keep the discussion propcfly focutiid
I.L; 2 Council Travel Provisions
This section is intended to p.otiidc gu:duncC un the utilirtuun of the COLUIL11 budget till city
business related travel expenses. -ihe imal allocation of travel funding budgeted for the
Legislative Branch for the fiscal year will be apportioned (I!7) to cscb Councilmember. These
monies may be used to defray expenses far unnsportation, lodging, meals and incidental expenses
incurred in the conduct of city business. Periodic statements of expenditures to date Mll be
provided each Councilmember by the Finance Department Should a Councilmembcr exhaust
their apportionment of funds, that person will be responsible for payment of any travel and related
expenses or they may request a voluntary allocation from another Counciimember who has a
balance in their trued account.
During the last sift (6) months of a Councilmember's current term of office, incurring City
business-related travel expenditures require the prior authorization of the Finance Committer.
except when such travel fulfills the oblicr!tions of the C'Ounrilmcrnfirr', =rr%ice on stslcwidc or
regional boards, commissions or task for. c
1.1=? Telephone Tree. Occasionally there . \en MiKiil nt or crncrgeoc} ha,l•,wng•t in the
community where memlim of the ['nr:nc!t <hould rccei,ic hr!cLnt,: IN gklickly as po.'ohic. \
City Council telcl);uNre l:ce ~}'.lr.r;: 1!::; I'M) .lilnillcd by i'0111101 M~ lien !rod i, att~c:ha! ,Y:,
VN-hibit A-t & A
G.i%o!wicc Al.u!ual R
Draft fttr Rv% ioN ( UN formaued: 16M Sw
lartnatfedr Fare 16 Pt
Formatted: FrnL- ! f• pt, Bold
( 1.1=-t "Three Touch Principle." L)ccision rnjkos- and cidzrns at dil levels of the CIiy Qwuld ha%c
adequate time to thoughtfully consider the issues prior to final decision.. It is the intent of the
Council that the Council and Administration shall abide by the "Three touch principle"
whenever possible. the following procedural guidelines art designed to avoid -surpriu~" to the
( Pity Council, Citizens and AdminW rative pcrxmnel.-
• Any request or proposal for adopting or changing public policy, Ordinances, Resolutions
or City Council Directives which will require it decision of the City Council, or
Administration, should "touch" trritty nerve wr i-mI4 ~ian 14"!A the Decision
makers three separate times. This invludes oral ar wnn;n jypvi nfomIW1on only"
jtrLilis :rcri-, or dn. _ioirh;lint ILV thcTmf. To facilitate dic Council's suatceic o k.f
fimg at iu mccun L gaff enoewwed ar --,atisfv the fn--%l Duch h is.;uin:
.01 informational rt orandum, unless iht: -~uhLect matter is .9mplex in nsru-e Quasi-
judicial matters and any subject discussed in executive s.-seion9 are excluded fain
application of the "Three Touch Principle."
• It is reeognited that the hands of decision makers should riot be tied unnecessarily
L-ncxpccted circumstances may arise wherein observance of the "Thrre Touch Principle"
is impractical. However, when unusual circumstances arise which justify a "first
discussion" decision, the persons requesting the expedited decision should also explain
the timing circumstances This Principle excludes staff reports and odw general
communications not requiring a Council decision-
( l.lr•i- City Manager. The city manager. as the chief executive officer and head of the
administrative hranch of city govtsmmtnt. or his/her designee, shall attend all meetings of the
City Council, unless excused by die Presiding Officer or Council. The City Manager shall be
responsible to the Council for the proper administration of all affairs of the City, The City
Manager shall recommend for adoption by the Council such me.mm as helshe may deem
necessary or expedient; prepare arid submit to the Council such reports as may be required by the
( body or as the City Manager deems -advisable to submit; keep the Council fully advised as to the
business of the City; and shall take part in the Council's discussion on all matters concerning the
«clfare of the City. In the emit that the City Manager is unable to attend a Council meeting, the
City Manager shall appoint a key staff member to attend the mating as the representative of City
administration. (RCW 33A.13,080)
Ll'H City Clerk -'Minutes - Public Information Access. The City Cleric shall be ex-officio
Cleric-of-the-Council and shall keep minutes as required by law, and shall perform such other
duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In
the absence of the City Clerk. the City Cleric shall appoint a repIwAnnent to act as
Clerk-of-the-Council. The Clcrk-of-the-Council shall keep minutes which identify the general
discussion of the issue and complete detail of the official action or consensus reached, if any.
When practical, and with the exception of Executive Sessions, the City Clerk shall id;,su,ii ,
record the proceedings of all City Council meetings, and shall keep and make available an index
of the topics of each meeting which will facilitate location of the item in the appropriate rrtcctir-~
minutes- bt6i . Access to the wpe,~~ recordings shall be made re-asonably avniW31c to any
party who so mquesm according to City public infcmnation procedures.
1. IS City staff - Attendance at Meetings. Attendance at meetings by City staff shall be at the
pleasure of the City Manger. It is the intent of the Council that the r;\)anaga schedule adequate
administrative support for the buiiness at hand but also protect the productive capability of
111cpar•tnicrit !!cads. When urund sv;tcm or i thcr rnonitorin~ ca}nhilitics t:xi t the !~lannger may
(;~,vrrnvi.x h!drrunl
t> rA ft for k e N i e %N O n h Fornmttatt: Fwt: .6 pt, B.r.d
Fait notttlt font 16 pt _
Ftxmsttod: r-arC 16 pt, Hold
altuw personnel to utilitc pmductirc time in Qlrir afiiccs or uthcr :uuu while wailing f.{r
specific item ofbtuiness for which their appc:uanec bcfure the Council is necessary.
{ Iii\RT.an~c Ml.^ual Vii)
Draft for Review OnlN ft.. ed:Font 16AWd
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r:«Fort- 16 or- acid
ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS
2.01 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and
aspect for their offices, City staff and the public. While the Council is in sessim the
CouncilIIxmbers shall preserve order and decorum acid it member shall neither, by conversation
or otherus•ise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any
member while speaking. Councilmembers and the public shall obey the orders of the Chair.
Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the
business of the Council, either while addressing the Council or attending its proceedings, shall be
asked to leave, or be removed from the meeting, Continued disruptions may result in a reerss or
adjouri went as sea forth in section 3.04 of this resolution.
2.01A Forms of Address. The Mayor "I be addressed is "Mayor (surname)" or -Your
Honor." The Deputy Mayor shall be addressed as "Deputy %byar (sumamc 'vlccnbcrs
of the Council shall he addressed as "Councilmembcr (sutnarne)" unless waived by the
Presiding Officer.
2.02 Seating Arrangement. Councilmenben shall cxcupy the rc5Nvtivc scats in the Council
t-hamber assigned to them by the Mayor.
2.03 Dissents and Protests. Any Councilmembcr shall have the right to cxpres-i dissent from or
protest, orally or in writing, against any motion, ordinance or rr-.olution of the Council and have
the reason therefore entered or retained in the minute-.
2.01 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will Follow the
procedures outlined in RCW 35A.13.020. In order to fill the vacancy Kith the most qualified
pctsnn available until an election is held, the Council will publish a notice of the vacatuy, the
prLwAwr, and distribute the application form for applying. The Council will draw up an
application which contains relevant information to answer set questions posed by the Council.
11te application -fortes will be used in cordunetion with an interview of each candidate to aid the
Council's selection of the new Councilmembcr.
End ofAr€We 2 - Durirs and PrMleges of Alembers
ARTICLE 3 - COUNCIL MEETING PROCEDURES
3.01 Rules of Order. Rules of order not specified by statute. onhnance or resolution shall be
governed by the chart of the most common "Rules of Order" quctions. Attached as Exhibit A-3.
W) Out of Order Requests.
Occasionally a member of the public may wish to speak on an agenda item but cttrtnot
remain until the item is reaacd on the agcruda. During Open Comments From the Public,
such person may request permission to speak by explaining the circturrst mes. The
Presiding Officer in hivber sole discretion shall rule on allowing or disallowing the out of
older request-
Gmcrnance Manual I I
I ) ra ft fc t r it v\ i v\% O n i Formaded: Fisk: 16 pt, ttdd
Fornuft d: Fork: 16 pt
Fo"mwttted: ~rx,t' : F pt, FVA,l
3.02 Motions and Discussion.
(a) All items of business placed before the Council that 'yutre the e-'p;:Ttdirure c,f ('ounc:l
and/or administration resources shall be in the form of an aIIirnutive motion.
Affirmative mation4 arc prefarod to prevent "approval by default" of a failed negative
motion
(b) X~gtmda ilt:rna iLhOulal rut Ncw or Qld liusinecs shall rrgytrc a n}ontin by a Formatted MgMgtt
tatmcllmert)bar be an discuWon unless the Council !!tall n1spend the rcqufrement b)
lirtt;ority vptt:, LWtt Witi! of eit1w a prior motion cr ride suspcosion~ the agirnda Itam
nhil l bc- psaled uvef =J may not tic refatt'oduced utull the next utilise rnce lnz~
-0 ORO MM WA~
3.03 Order of Business. lltc bu~inc~> of till rtgulur me iu ; of the Counc.1 shall be trmaclcd
follows: provided, however, that the Presiding i 1Tt.cr m,}-, luring a C anal mcrrin rci!naiu,e
items on the agenda to conduct the busines,z, before the Council
ta) Call to onfcr by the Presiding OlYo:r
(b) lnvocalior,
(c) Pledge of Allcgiarr;c
(d) RoU Call (see Section 1,05 fur prut cdurr to exc
(c) Approval of Agenda H~ i-t u,,tY~„
(1) Introduction of Special Guests and Presentations.
(g) r'ouncilrvmficr Inc , . , iir_ i. '.~1" -
Committee or boalf Fo.mattrd: 11 nu: r,t
Y~ 1 ~ .t J
MERL. J I?•.[ernled retains •chrtll !w
placed &Aef-w_Mrn r =;rbrntrtc-j in Nsnt,nL; -
ini; r , attnr,al rncrnc,.
t-h► Presiding Officer's rcI,, rt
(t) Comments from the public un ~ulyert. 11,11 ki:1 the --L' -11 ::--T1:t
c wh, t.mlcss modified by the Presiding Officer,
Note: the City Council desires to allow a mn%iinuwn opportunity for public
comment. However, the business of the City must proceed in an orderly, timely
manner. At any time, the Presiding Officer. in the Presiding Officer's sole
discretion, may set such reasonsble limits as are necessary to prevent disruption of
other necessary business.
Drift for Re,, i e« (Ml-, Formatted, Fans 16 pt. BOW
Formatted: font: 16 Pt
Formatted: fart: !6 vt. 5A
I . Subjects not on the current agenda. ITrc Presiding (!dicer rn.ty invoke a Sin-
in procedure for speakers- Any member of the public may request time to
address the Council after first stating their name, address, and the subject of their
commaits, The Presiding Officer may there allow the comments subject to such
time limitations as the Presiding Officer decals noassary. Following such
awmlentr, the Presiding Officer may place the matter on the agenda or a future
agenda, or rder the maitcr to administration or s Council commiVec for
invcstigntion and report
Subjects on the current agenda. Any rnernber of the public who wishes to
address the Council an an action item on the current agenda shall make wch
request to the Presiding Officer at the time when comments from the public are
requested during the artt?Iti4 item discussion. The Council may bar such
comments before or after initial Council discussion. As an option, the
Presiding Officer may invoke a sign in procedure. 11c Mayor, in consultation
with the City Attorney, shall rule on the appropriateness of public comments as
the egwda item is reached and shall rule an a specific individual or group time
limit for public comment The Presiding Officer may change the order of
.peakers so that comment is head in the most logical groupings.
3. Comments shall be made from the microphone, first giving name, address and
subject- No comments shall be made from any other location, and amonc
making "out of order ' comments shall be subject to removal from the meeting
4. There will be no demoratrations during or at the conclusion of anyone's
presentation. Any disruptive behavior. as determined by the Presiding; Officer.
steal l be cause for removal from the meeting worn.
5. lTicse rules arty intended to promote an orderly syscm of holding a public
meeting to give persons opportunity to be heard and to create an environment in
%tifiich tto individuals are embnrrassod by exercising their right of free speech.
b. Any ruling by the Presiding Officer relative to the subsections I and 2 above may
he overruled by a vote of a majority of members present.
7. Public comments received during the public comment period shall not M allowed
by the Council if they relate to any matter upon which a public hearing teas heart
required.
0) Public Iicarings (see Article 6 for procedural details)
(i.) Consent Agenda (see Section 1.09 (a) for procedural detn,lc).
(1) Old Business.
(ut) New Burinev.
(n) Public Comments. [same as "i" above] (3-minute time limit each)
(u) Adn»ri; t~tiv;. Rc, utt:. Kcpons t r [-ackin) of 1rt actmini~tnticc nature.
Govamar!rc Mtmrual 13
Drat for He-vi;ov tune Fwrna~tbxl:F,,,1t:at+A ocad
Fwmatbad; F cot: is vt
MrTmatti!d. Furrt; tg pit. Bnlrr
Qp) Iatforttl3tion,,;;.A,`r_..
(1{) Executive Session (as regLriradi). Lxccuti%'c -,Om mn± muy hip held in accordance with the
C71tm Me=- gs Acct, RCW E lmocr 42-10. 'Ittc Council Fumy hold an cxecutive session
,luring" to mplar or spaniel rn=Ling. Bcfltt c,rerivening in executivc scssiun, diie Chair
sl? l publicly annouac+c the prirpose Cor excluding the puhlic from the meeting pletcc and
the time ►w'bcn the c Ccut[ve session mall be concJude,el. IF Harr cotmcil wi s to adicnLrn
qt tlae elctse of 4 meeting firm excLeatirc s ;nn" tltrlltt fact will he ermor.~lccd Iwlralt-g with
the csdmatcj time for the execuflve srssian- The aannotivad time limit for cxeculivc
w, iMa ns mny be c.,ul dcd by arenuLme-cmo tt ref the Chair-
(aauncilm,cmhm must keep confidential alI oral and wriacm informtation provided during,
e:xacteiNc scssions to ptrotcct the best inlccsts r)f the City, ConfidenValit-y also includes
information pTnn-%ided to Counciltlnembem outside of executive Session's when the
infarrnaticsn is t: 15:1dcrcd oxetetpt fMm disclasurc under th-c 00e of 1:thic-s for Municipal
Officers.
(r) AizlJourrlmacnt. No Ccun6l meeting should be permitted to cantinue beyond
apprmimaely 9.40 p-m., without approvnl of a majority of the Council mmbas water ere
prc5+crtt and eligible ED vote- . A new titnc limit must be esiahliE cd bcfurc taking a
Council vote to cxtr-n4 the meeting- In the event that a meeting has not been ck+sM or
camtinucd by Council m herein spccifiied. the items not acted on shall lit deferrvii to the
nc:ai rtdgular Council meeting as old busine untm the Council, by a rnnjutity +awc of
~lcrnbcrs pacssaut. 1kirrm(nes 131h isc.
3.04 Adjournment Due to Emri-gancy or flfsruptinm In tht. mlik of cmrrgcncy, such as a Fee.
thrcatcataed violener, or inability to regain good order, the Mayor shall fibnhwith dtclara the
mcedug adjourned or a:ontinuW and the City Coeenc it sbaelI immediately leave the mceting scum,
3.45 Ptrrnission Required to Addreto.l+ the Council. Pcr~xins oth r than Coune:iltnmbcrs Lud
administration skull be pcrtnitted to address the Council upraa, mcognit!Drt an&or intro?duLt on by
the P`residing Officer or the chair of the aapprupda►te Goya d I rzmmitrec.
3.06 'Voting and Tetehideo Conrcrtacinn. 1110 Vows lh.srirag all. rm tipag" of the Council {na)I be
tren5 oil try fasllows:
(a) i"ntess officn °isc pruvidcd 1:y" _.t wh , ordina]ICC, 4r resola 1kIIt, .all VOIC+ 01 ELI] 11c taken bV
ti'aice, cx pt that at the request of any CoumwiIinernlter, a roll call vote shall be token 11"Y
the City Clerk. T71c oCdet ofthe roll call vote shell be delcrmined by the City Clrrlc
db) In case of a tic votc are any pmpusml, the motion shall bc considered last
(C) EvcrY Member who was in the Council charrehers when the questlnn w-m put, slereil gcikc
hMier vr+tc nn less the Counril, far ipeei,al rrtesens, shaelI excuse the mtmber by cnaxtiLAI.
If axey [_orncllmrmbrr rcru~LtN to vate `eve" or "nay." heir ,lone %hrdl br counred LL;~ a
"nay*' vote unless the CI11 :ta.il111rin4 t is a1.lstnining dui 11a 9i [u 1, c1t ;slrloo,_r,:nce r,t, t
conil!a of intcresr_
('111 like palssagc ofimy ordiL,.uLco. gritnt or lic-ense, aP-1V re"OruliL) n
C~)r the paymcni of rtiuil ev, Lmy approval if w,drr11:1ts id mLy resolution for the removal
trorcrnrnr;:c %lorrml 14
I) r a E 1 for H e i i %N- n h F«msesea: F-.xvt-, :6 pt Bold
Formatted: FOM 16 pt _
Fornutted Font: 16 pt Said
of the City Manager shall requite the atTrrmAdvc vote of at lcait a nujoritq of the uhoie
membership of the Council.
(e) the passage of any public emergency ordinance (an ordinance that takes ct"fect
irrrmc"clyj expenditures for any calamity or violence of nature or riot or insurrection
or wet (except for the statutory powers of the Mayor in amrdance with RCW
35A.13.030), and provisions for a lesser emergency. such as a budget amendment. shall
require the affirmative vote of at least a majority plus one (1) of the whole membership of
the Council. (RCW 33A.13.190) In the event calamitous condition should prevent
assembly of such majority 1hr• ~u death or injuries the provisions of RCW 35A.11035
may be invoked.
(1) The passage of any motion or rrsolution not subject to the provisions of Washington taw,
the Spokane Valley Municipal Code, or this Resolution as amended requiting a -super
majority" for approval. shall require the affirmative vote of at least It majority of the
membership of the Council who are present and eligible to vote.
(g) I. Tcle/video conference participation by Councilmembers may be allowed
provided technical availability and compatibility of electronic equip®c1t shall
enable the Couneilme mber to hear the prtxecdin2s, he heard by those prc font and
participate in Council discussion-
(a) Requests to use telelvidco contcremc participation 1-or ohn}; putpo,ei
shall be limited to cntraordinury circumstances anJ rrut•:t he ruled upon
by the Council-of-!he-Whole by specific motion bcLnre the Council main
agenda begin
(b) 1-1 smelt o:asc, adcquidC eyuiprneat tnust allow the tclelvidco conlerctut
participant to engage in Council discussion and be heard.
Tclephonelcomputer system charges am to be at the Councilmembees
own expense, unless waived in the Council motion. Adrauatc notice
nu:st be given to allow hookup in time for the maid agenda.
2. Requests to monitor -by teldvidoo conference in a norn-oting capacity shall be
gt-dntcd provided technical capability entlsts and adequate notice is given. and
:hall be at the Councilme mber's own expernsc, unless waived in the Council
notion.
3 No tclelvideo conference participation for voting purposes shall be allowed for
public hearings or any quasi-judicial proceedings. Video conferencing may be
permitted upon a majority vote of the Council present at the meeting site for such
proceedings provided that all documents and cxbibits arc clearly visible and
legible to all participants and provided that a video and audio record of the
videoconfacnce is made and provided to the clerk. The cost of such
videocaafcmacing and record thereof OW1 be paid by the Councilmember
rcyueaYing videoconferencing, unless waived by vote of the City Council.
4. Examples of extraordinary circumstances would be emergencies or illness,
accident, unforeseen urgent businc,~, etc.
3.07 Fnaeterd Ordinances, Resolutions and Motions.
Go%,Cz .atr:t Manual t c
Draft for Re- ie%% ()nlN Rx..atted: Fort: 1.6 Pt. E"d
Fomnettnd: ! tee: 16 pt
Formettted: poet: 16 pt. debt
An tnacted ordinance is o legislative act prescribing general rules of organizmion or
conduct relating to the corporate affairs of the municipality. Council action shall he
Liken by ordinance when) rrquirrd by law, or whrc p rc~cribcd conduct may he enforced
by penalty.
(h) An enacted resolution is an administrative act which is a formal statcrncut of }~`licy
concerning trailers of special or temporary character. COL11101 action ihtelI Ix taken by
resolution when required by law and in thosc instasiccs where an cxpTrLsiun of Ikilicy
more formal than a motion is desired
(c) An toaeted motion is a form of action taken by the Council to direct shut a specific
action be taken on behalf of the municipality. A motion, once approved and entered into
the record, is the equivalent of a resolution in those instances where a resolution is not
required by law. and where such motion is not in conflict with existing State or Federal
statutes, City Ordinances or Resolutions.
3.08 Ordinances. The procedures for ordinances are aS follow.:
(u) A Councilme mber may. in open session, request of the I'trsiding Officer that the CuunciI
study the wisdom of enacting an ordinance. The Presiding Officer then may assign the
proposed ordinance to the administration, a committee or the Council-of-the-Whole for
consideration. The committee or administratirm shall report its fmdinpts to the Council.
The City Manager may propose the drafting of ordinances (RC W 35A-13). Cities and
Boards and Commissions may also pmposc consideration of ordinances and resolutions,
f=oe Exhibit Ad attached.
(h) Sponsorship. When a Councilmcmher wishes to :i_ssunic gxinsorship of an ordinance or
resolution, be or she should so announce, male the initial motion and provide art
introduction for the measure.
(c) MI ordinances shall normally have two (2) separate readings at separate Council
meetings. Unless waived by the City Council at each reading, the title of an ordinance
shall: be read by the City Clerk prior to its passage; provided that should a
Counciltnamba request that the entire ordinance or certain of its sections be read, such
request shall be grunted. Printed copies shall be made available upon request to any
person attending a Council meeting.
(d) Me provision requiring two (2) separate readings of an ordinance may be waived at any
meeting of the Council by a majority vote of all members present-
(c) If a motion to pass an ordinance to a second reading fails, the ordinance shall he
cunsidoed lwi, unlc~s a sub,-cyurnt motion da,-:tti it: rcNk;on .in:1 rt,uhmis-,inn to
,.econd readiiiv.
(rl Any ordinance repwalirg any portion of the spoL ne Valley Stamcipal talc shall als43
repeal the respective portions of the underlying ordinance(s). Ordinances repealing
earlier ordinances shall not apply to acts, incidents, transactions or decisions occun•in"
hel re ;udi rcpcsl.
Draft for R e N i e 11 e) n k ForwAttedt `onL 16 pt, field
FomstSd: Forst: 16 pt
Formstb!& Fmt: 16 pt, Daid
3.09 Resolutions. A resolution may be put to its final pa,vtgc on the same day on which it uas
introduced. However. Council may invoke the two (2) reading procedures described in Section
3.08 (c) above to facilitate public understanding w for comment on the resolution. 'Rte title of
each resolution shall, unless waived by the City Council, be read prior to its passage. A
Councilmember may request that the entire resolution or certain of Its sections be read. and such
request shall be granted Printed copies shall be made available upon request to any person
attending a Council meeting,
3.10 Reconsideration. Any action of the Council, including final action on applications for legislative
changes in Isnd use status, shall be subject to a motion to reconsider except:
• any action previously reconsidered,
• motions to adjourn or motions to suspcnd the rules,
• an effttmative vote to lay an item on, or take an item from, the tablF
• or a vote electing to oflke one who is present and does not decline.
Such motion for rwonsidenstion can only be made by a member of the prevailing side on the
original action. A motion to reconsider must be made no later than the next succeeding regular
Council meeting. A motion to reconsider is debatable only if the action being reconsidered is
dcbalablc- Upon passage of a motion to reconsider. the subject matter is returned to the table
anew at the next regular Council meeting for any action the Council deems advisable. Any
motion for reconsideration of a mauer %tich was the subject of a required public hearing or
which is a quasi-judicial matter may not be discussed or acted upon unless and until the parties or
their attorneys and the persons testi frying have beat given at least five (S) days advance notice of
such discussion and'or action-
3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances and Resolutions and
Motions. Ordinances and Resolutions will customarily he prrpamd, introduced and proceed in
the manner described on the flow chart attached hereto as Exhibit A4, and by this refestince
incorporated herein. Prior to final passage of all ordinances. resolutions or motions, such
documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to
include the most recent revision.
(a) PROPOSED DRAFTS shall contain the date and name of the group or individual
originating or sponsoring the proposal prior to the first presentation to the City Council.
Proposed drafts may be initiated by individual Councilmcmlrrs, the City Manager,
Citizens or by Boards. Commissions or other task groups.
(b) COUNCIL DRAFTS shall be documents or proposals which have bcc:i presented in
open session and v-otod -by the City Council for further consideration.
3.12 Complaints and Suggestions to Council. When citizen cumplaim or suggestions are bruublit
j before the City Council ~ m mIIrtcr•_ntit on a:, L agenda. the Presiding Oflecer shall, in
consultation with the City Manager, first determine whether the issvc i. Icpislative or
a minirrativc In nature and Ihcn:
Go%vmnlcc Ai=mal 17
Draft for Elvv iuNs Unk Formatted: 16° BOW
Formottaes font 16 pt
Formatted: Fitt: 16 N. Do"
(n) If legislative, and a complaint i+ strut the language or intent of Icgislatile acts -,r
suggestions for changes to such acts, and if rho Council finds such complaint suggests is
change to an ordinance or resolution of the City, the Presiding Officer may refer the
matter to a cominirre, admml5triltxm, or the (7nUrniI,,f-thc-%Vhnlc fir ~:Uay and
recommendation
(b) If administrative, ald i ctm;plaint regards ad;: im"t,-:tt:c_ staff prfurmancc, C\hu1:011 of
legislative policy or administrnUve policy within the authority of the City Manager, the
Presiding Officer should then refer the complaint directly to the City Manager for review,
if .aid complaint has not been so reviewed The City Council n►ay direct -flat the C+tN
Manager brief the Council when the City Manager's response is made.
3.13 Photographs, motion pictures or video tape requiring artificial illumination - Prior
Permission Required. No overhead projection, photographs, motion picture., or video tape
that require the use of floodlights, or similar artificial illumination shall be used by the publi.: at
City Council mect_ngs %%ithout the prior conscni of the Presiding_ Officer or the City Nlanaecr
ARTICLE J - COMMFUTEFS, BOARDS COMMISSIONS
4.01 Committees.
(a) All standing Committees. Boards, and Commissions %%hich ::re required ty state law .hall
be appointed by the Mayor with confirmation by the Council -
( (b) All other Council Committees, Citiien'-Taskforcc getups and n0cs or opcrdting
procedures thereof shall be established by Council Directive with special attention to
RC:W 35A.13.120. and after consultation with the City ?*tanager. Such committees shall
be commissioned for a time certain, not to exceed two (2) years or the term of the
appointing Mayor, whichever is less and provided with a clear task description and
"sunset" provision. Appointment shall be by the Mayor. Council may waive
confirmation in the instrument atating said committee or group. Such Committees shall
he subject to review, whenever a new Cotmcil is seated following elections. so as to
determine %heth r the oommittoc and its functions continue to be appropriate and
necessary. Members of any Committee, Board or Commission which have been
appointed or confirmed by the Council, may be mmoved without cruse by a majority
vote of the Council. A copy of the motion(s). or as hereafter amended, establishing
committees, liaisons and citizen's task force groups shall be attached hereto, as Exhlbit
A-S. (See the attached related charts Exhibits A-6 (1) (2) & A-7.)
tcl Other special ad hoc committees and Council liaisons for a palticulm pur±osc may h:.
appointed by the Mayor, without confirmation of Council for a time certain, not to cXccai
the term of the appointing Mayor, along with a clear tyk description and "sunset"
provision.
(d I Committees, liaisons and eitizcn!~ taskforcc groups %hall be bivea an opportunity to n,-Ac
a recommendation, when appropriate, on proposed ordinances, resolutions and motions
within their area of responsibility or interest, before action is taken by the Council. 1?tc
r cortuana' :S
Draft fur Reyid:'w On I-. .c~~ay~~+r
- i Fort 16 pt
d'avmatEdr rte; 14 pt, Wtd
j1ppruprialt span -cspcrskM sJLDJJ lrrc.,--rr5 the re~xFmmcad itit~~d;ri) LIurirrtp djsp„ im or tflat
businm item on a Cc m-O agmda.
ti~yr'ha4" Iit
f (ell No Adiw•isM Piard or CaFnmistiirm On ll tiLLc any final aClion 0101t:ida'. L)f Lut eprro P.Ubl•:c
nv--d n&
1
Crn+-a-raHncc tti3a[lual
Draft for 14tiil'vi t)ni4 r~rmntied rent: SE~.(iok3
Fjw att~d: 16 pt. E dd
4.02 C'ounciIF.Axtionswith &ardl.Cummlmidnxand(_aunciI Citizen Ad isorY.
All s=utory booms tmd commissions said Coandl citizen advisnry birdies OfthC Uity of Spokane
"alley shall provide the Council with copies of rninutts of all meetings, t lpti municati(inS from
=k boards, CoolmLwiom ani$ bAcs to the City Council sb&ll be acknaw1c ed by the Council-
Any member of the Cautidl may also bring such coramunicati(m to the l'rt--&idin- Clll]ccr's
aitentlon andrr the agendas item "Committee. Board and Ua eon Rcpoms." :Should any member
cif the CouncU dctcrmine that any wd) communication be afiFiciully wswered by the Council. the
Pres[ding Officer shEdl place the rnatter are the agenda under New Busirttw for the current
rutting or any subsMient mecitittg.
Pi'nd eef_ rzkfe 4 - Camm(urey, Bosom tire. Crrymixrions
ARTICLE 5 - RELATIONS WITH CM 1fAN AGFR & ADMINISTRATION
5.01 Role of the City ;t<Tmmiztr, "rho City Munegcr is ibe tihief adminktrniivc offlixr of the City of
Spc kmr Vidley. The .M., ringer tit direcdy accountable to the City Council for the Cx"Uti{nt ortho
City Council's Tmifty dircctivcs, w4 ftlr the edministzat3on uW nttiilagernent of all City
&pargt',en,r. lltc pown-s and duties of the City Iota roger arr defined by Washinglan law„ RCW
35A-13.090. Such Juties may be expandcd by Ordinance or Rtscilvtiem Baiarreed with City
1l;t.t►aiger's aiccouumbility to the City Cutintcil for policy implcmt=rtt icinn is the nod for the
Council to.nltow the. City Mnnager to pcr:orm legally detlricd duties slid resTmrtsihilitics without
interfercncc by the City Council in (ho fay-to-flay management dechions o tht City Mznmgr.
5.02 Adminlorative Interference by Counclltricttibiri. Neither 113c Couric11 wDr any of its
ct.+mmittees or mernbcrs shall direct or request the appo[ntmtaat of any person to, or hia'hcr
removal from, any ofliee by the C=ity Manager or any of hiker subeardinaim Except For the
purpo st of inquiry, the Council and its members shall deal with the administtut.ive inch solely
duou,0 the City Manager and nciiher the Colmcil nor =y comini tea or mcmbcr thereof ;drill
give any orders to any subordinwc of the City Manngrr. either pub] My or privairly,, pearidcd,
howcvcr, than nothing bcrcin shall be constmed to prohibit the Ctxtncil. While its opcit sc5sio;a-
from fully and freely discussing, vdth the City Manager uny hi'ng. pertaining to : pp.oim t%!n,% wi
.cnlnvals of 0ty nfficm and cm, ploy cet and City affairs. (RCW3 /,L 11120.)
5.02.1 Informal Communi ationi En.enuritecd. 11in atbovt: rmjuirzment of KIC`W is not to be
voa~ tnxd as to prevcni informal cammunitatiorig with City =ff ihol do riCat invokc
orde", dim-tion.. or are rnearrt to influence aietions or ndminispviivi policy. Members or,
the Council Ere eneour2gt'd to int t irifortnally and casually wish City staff for the
purpo-z of gaahcring in.furnntion, abinining w+pInLrimiuro of policies and programs or
providing incidental Karmation to sLaYff rclk:v,-rtt to their a-ssigrumcnt. Such informal
+:Sar4ti)i,`tS CM) szrve to prom otc bcttcr tantlcrfwltiing of specific City runrtiolv4 Mid
pmblcrres- However, ouracilmcnil' m moot ho cumflul in AKh interaction I* avoid giving
diracfion or advice to merml=,.r of City suff While mitinto;ning open Baca k I:
communication, City gLa f responding to information rc uem Raper C'ouncilmcmbcrs tvtll
inform their supervisor of such conlitct iuid provide the sztptxvl~nr with the sam, c
information shared with the Cotincilrncrnber.
5,013 Atimtnixttrative Cnmpinints Mardo Directly to Individual Counellnirmbers. 1,4'liu']
ailministrutive polky or stdmkiistrativc performance cclmpluitit3 aim made directly to indivislu.il
GC.Vr M-ML4 Manual 20
1) rit ft fo r R e % i e ,.s n i Formamadt Font 16 pt, Wd
Formettadt Font 16 pt
Formatted: For*; 16 pt, Hold
Counctlnrrntber.,, the CuuncAnicmbcr shall then refcr the matter dircv ly to tlic C:ily \ aDUcr for
review andlor action. The individual Councilmember may request to be informed of the action or
response made to the complaint. However, the City Mnmgcr shall not be required to di+ulgc
information he/she deems confidential, in conformity with applicable statutes, ordinances,
regulations, policies or practices-
5.04 Administrative Complaints - "Best Practice." Although cit.irens' direct access to elected
officials is to be encouraged to help develop public policy, City Councilmeml+ers should not
develop a "personal intervention" pattern in minor calls ror service or adminis lvi've appeals
which may actually delay a timely customer service rcgxmsc. The best policy is to get the citizen
into direct contact with customer service unless an unsatisfactory result has occurred. In that case
refer to Section 5.03 abo+e.
End of Arrirle S - Relation with ('icy ,ifunager & Admincrtrcuon
ARTICLE 6 - PUBLIC HEARViG PROCEDURES
6.00 There are two ryoes of public hearings, Iroklatic r anil~un
Forma Mull. Fate: t t pt, 0oid
(a) Leeklari+e Dublin: bearing are hearings bcid to obtain public input on Ireislatfse
decisions on matters of nolitY Ltgislati%a Dublic hcarinm are rrauircd by tote law whc2a city or
county addr ses such matters as comprehcnO c land use plans or the annual or biennial Wert- Fa.matttsdtFont ti M fond
IhCv are generall- less formal than ouasi Judicial public hrarines I hey do not invplve the leoal
riches of sprcif1c DM•ate Parties Ina e9an ed settinf but rather affect as w lder ranee of citi"m Or
Pgrhans the entire iurimli on The wisdom of leeislatit r decisions reached as a result of such
hearings is not second-tues" by the courts: if cballeneed they are reviewed only to detcrr rr the of Formaaed: Font: tt pt, MW
they are constitutional or +W& it state law. For esam 14 a court will not rcOirw whether, the basic Formatted: F-ant tt K fold
budattarv decisions made by a city were correctly made, Formatted: Font U pt, edd
IN Ou ti-ludi" public bearian invol%e the legal riebts of specific partim and the FOrnwttedi fort: II pt' We/
decisions wade as a result of s eb bearings must be based upon and tuooorted by the "record"
deelo-oed at the hearinm Ounti-fudicfal hearings are subiect to stricter procedural reuui_rement~
than kiir,lafi+e hearings. Most ouasi-iudirial hearings held by local awkernment hodin fay!rhr
land use matters including site specific r ones, or climinary plate +aria ret, and conditional use
[SIR-SC Public Hearinsa ♦Lhen and Now to Hold Viem by Bob Ntcinip %IRSC t r-~nl Con+'.11tant Fa mat aft Font: It pt
%Ueust 19M
6.01 Leaislatl+c Public lft:nrm13%:
(a) State Astu't•t do rot it,tcifl M1•^w put Tic hcanne> .ti ulti lr ion,;uit:d. 6cc•au,e
tealslathe hcarint lare yracrrtlly informal the main concern is to provide an oplrortunio
for all attending members of the public to speak if they so desire. Time limits should tic
nl■crrl on individual comments if many otQple are Intendinu to %Deak and the Dublic Aoubf
be ■itsised that comments must relate to the matter at hand. The "ground rules" for the
conduct of the hearing should be stated by the nrtsidin4 afflcial at the lUjnning ur thr
hetrinr_.
frt letions for a bblia lirarir ?r t' the =71n of''ir R!ihlic hciri'ly the f'r~;!•.1in t W -
0nurtie5 the follo,-i
®rrm, CI 11M) cc ~•tSil pal ~l
Draft for k e % i e,.% n h Form rtted: E oat: 16 pt, Eiold
Fornufta s Font- 16 pt
ForTnottbd: Font: If,.0. Niid
I All -nuhlicconinicnt_L shall he tnsdc Ialm tncc crca]Z~~ ~ :•n.rwn.:nd xil inoi.
comments !,hall inst 0%c their name mid addreSc Mis is rzLuiMJ ba.auce
recorded transgdZ of the tau Iic hearing tc being mule
No comments sha11 he made from any other l2gWom and; nvone mat.::
ordcC comments shall he subiert to rrrntival from the meeting
qMi IN4 by the Presiding Vfficcr 911 comment! by thc_.
unless oth"i%_qJV
shall limited to d= minutes.
Them µi11 be no demonstrations Gliiilauye pr (•thcr_:,udiencc_-air . is
before. during or al_ihc_j►pcltrion of anyenc's h
arc distjyt %c and take tirric aw ' tlr_.itl-1b S 1~?
4 I hce ru1cs arc inighM to promote an order! . Farmm.dt Indent. Lcrl: t",
hcsinne to give txrsons an oriNin iRit% tg t+c heard and to r h ~rplrq O S. T,tn_ Nut nt c:.°
t1lS om crnbgirncsed by evcrcisine their p t of l.cc s
fhr P~~rtltnyoitiur dcclarin the Dihh~ = ` _ ~ ~
w male their ppMlatio,
1. AACT ftaiT ptcwtations. the Presiding_
fitr C.4 ~ •.~iQihL \,ITccr a<ks if anv rncin M-7 rf 00AM-11 % t' Q4S__ +tlimci-.l
hA-- _
rrcal led to the paii:.
I Pic pre- iding otficcrdcchir
6 02 Ouasi-Judicial Public Ilearint,••
-4tS~-afonce ffFmirQejs I)'Ocii-ine. fi:'.-r
rLAppearance of Fairnew Doctrlne4)ef*ed. = Forraadat bid rC Left: OSr
In short, when the law which calls for public hearings gives the public not only the ; Form-- t aua<ts &-4 Numbming
right to attend, but the right to be heard as well, the hearings must not only be fair but must -
appear to be so. It is s situffdon where appearances am quite as important as substance." Smith
, & Skagit County. 75 Wn-2d 715 (1969). "The test of whether the appearance of faimess
doctrine has been violated is - as follows; Would a disinter stcd person, having been apprised of
the totality of a board member's personi inicrest in a matter being acted upon, be reasonably
justified in thinking that partiality may exist'? If answered in the affirmative, such deliberations,
and any course of conduct rcached thereon, should be Noidcd." tiv.iit _y, C'ottals 87
Wn.Zd 349 (1976).
b. Types of Hearings to µ'hich the Doctrine Applies. 11'ic Appearance of FOtncss- Formatiest: ^la`rS ,Ylt Wunr. ru g
Doctrine shall apply only to those actions of the Council which are quasi-judicial in naturr
Ouesi judicial actions arc damned as actions of the City Council which determine the legal tights, dune.-.
or privilege of specific panics in a hewing or other contested proceeding. Quasi-judicial actions do not
include the legislative actions adopting, amending, or revising comprehensiae, community, or
neighborhood plan; or other laid use planning documents or the -doption of area-µidc zoning ondln:u,.cr:
hln~rncln~c ^.!R^u:hl
Draft for ItiticA ()n1% fix" atted:Font: .1 6pt,"d
Formatted: Fort: t6 pt
Forrmattsd: FmA: 16 pt, Bold
Or the adoption of is coring arttend:tlcnt that is of aca-%idc (tiMU5 site-Spoci; c) siguiticamx LR(-W
112.36.010). Street vacations are typically legislative actions. unless clearly tied to, wid integrate into, a
site-specific development proposal which is quasi-judicial in nature.
(c) Obligatioas otCouacilasembers - Procedure.
1. Immediate self-disclosure of interests that may appear to constitute a conflict of
intro is hereby encouraged Cotmcdmembers should recognire that the
Appewmcc of Fairness Doctrine does not require establishment of a conflict of
interest, but whether there is an appeara oc of conflict of interest to the average
perwm. This may involve the Councilmanber or a Councilmember's business
associate, or a member of the Councilmcmbces immediate family. It could
involve es pane (outside the hearing) cormnunications, ownership of property in
the vicinity, business dealings with the proponents or opponents before or after
the baring, business dealings of the Councilmembcr's employer with the
proponents or opponents, announced predisposition. and the like. Prior to any
quasi-judicial hearing each eotncilmember should give consideration to whether
a potential violation of the Appearance of Faimess Doctrine exists. If the answer
is in the afitrtnative, no matter how remote. the Councilmembcr should disclose
!-ich finds to the City Manager who will seek the opinion of the City Attorney as
to whether a potential violation of the Appearance of Fairness Doctrine exists.
The City Manager shall communicate such opinion to the t-ouneilmember and to
the Presiding Officer.
2. Anyone seeking to disqualify a Cuuncilmcmber from participating in a decision
on the basis of a violation of the Appearance of Fairness Doctrine must raise the
challenge as soon as the basis for disqualification is made known, or reasonably
should have been made known. prior to the issuance of the decision- Upon
Nlum to do so. the Doctrine may not be relied upon to Invalidate the decision.
The party socking to disqualify the Councilmember shall state with specificity
the basis for disqualification; for example: demonstrated bias or prejudice for or
against a party to the proceedings, a monetary interest in outcome of the
proceedings, prejudgment of the issue prior to baring the facts on the retard, or
cx partc contact. Should such challenge be treads prior to the hearing the City
Manager shall direct the City Attorney to interview the Councitmcmber and
render an opinion as to the likelihood that an Appearance of Fairness violation
would be sustained in Superior Court- Should such challenge be made in the
ck,ursc of a quasi-judicial hearing the Councilmnember shall either r*nLw
him-herself or the Presiding Officer shall call a - r- to permit the City Attorney
tD make such interview and render such opinion.
3. Tire Presiding Oflleer Shall have authority to request a Councilmember to excuse
himhaself on the basis of an Appearancc of Fairness violation. Farther, if two
(2) or more Councilmembers believe that an Appearance of Fairness violation
exists, such individuals may move to request a Councilmeenbcr to excuse
`1irniherwlf on the basis of an Appearance of Fairness violation. In arriving at
this decision, the Presiding Officer or other Councilmembm shall giNc due
urgent to the opinion of the City Attorney.
-i`Specltle Statutory Provisions.
0o,,cmar:ce Manual 23
Formaktad: Fant IE M, Edd
Farrrtattcd: ktiet: lfi pt
T-otm;hma t: Fgrrt_ 16 pt, Hold
: - i_"arididams for the City C'caur161, ML%v cklims-; tlicir opinions huut perk inl; or
propowd quasi-judicial anions NA-hile campaigning, 1<C'W 42_16.040, e-%cepi that
sitting Counciimcrnbcrs sha11 nret vKprce,s Their opinions on my svdi ;it:iatrr
►wltich is or may come before the Council.
F-?- A cnndidutc for the City C=ouncil who cVjmplirs ww'idi all proVisions Of applics?rle
public disclostim and ethics lays shall nut be limited of der the Appearince of
Faimcss Doctrine from accepting campaign clontribut[onf, by fmancc the
campaign, including oublu ding debts. (RCW a2-16.050).
Eit Paine communications should be &vGided whenever possible. During The
p=dcncy of any quasi-judicial procceding, no Counfilmcmber may engage in e1i'
tturrte communications )%i ft prDponaats or opponents about a prop4aml involved
in the pending prcrcce lin , unlr ss the Councilmcmbics; (1) places cos the r=urd
the substaucc of such u ml or writt,wn coirtnimucabons; and (Z) "vTdcd thai it
puuNit imnoun tcnt of dir content of the communl"icin and of the perticzs'
right to rebut the substance of the cnmmunication shall be made at each hearing
%6m action is talc- crr considcmd can nc~ ~sabj6ct This docs not pTohtihit
ctst'tcsl3trodmee between a citizen and his ut her Ototed Dfi'icial if the
6CtTe.Spumlcaw is attack a pan of the record. when it pertains tei the subjixt
ittCUO afn quasi-judicial prc=cding, (R.C:W -41-23&060)
Public 044asure tile. The City C1cTS- shall maintain a public. disclusurz file, wwhich
shall Ere available for lwgx-cliffn by the public, :A.9 try clcc" nffrciahg the file Aulll
Lontain. copies of Lill disel"um forms iilal tiw•itlt the Waisltington 5taic f ubllc Disclosure
C'oMMN,iian-
Pruraedure On Appliradon:. Any pcmn mA-ing applicadmi for any ac-t.iun: lcacliiig. to a
qunsi-jud[clal Isca'ing befom the 111anaing Commission and City t: Gmcil shall be
providcd oath a. dotiai7icnt =twining the folluuw'ing lnforniation. (1) the names and
address of all members of the City Council. and Lfic 111annitig Commissim (2) a
51uternem what public diw1osurc information is avitiTahle for public iuspecritin regar+3ing
rill such Ccrtmcilwq:mboi, emd (1) a sutrrncnt ihst if the: applirwil iviends to raise any
apivaranca of fairricss issu.r, Lhc oppile..artt should do so ai Icast two (2) Weeks prior tU
any public hmrin& fthe grounds for such [sere me then known and in all cuss-% no lent;
than hcFarc the opcning of the public bearing_ Thr- applican t shalt sign a r=ipt for sudi
dik-urnernt.
Actiuns-,Fr,;ccdvr for a . uasi judicial Public 11taring. Ix„,r zculiff~ni 't- :i
ire
I t? Nor to the 5im,rthe public hming, the Vmsi'ding; 0ffim-cony rcquIro that all parsons
wishing to be hcard shall sign In with the City i=lea., giving their names and addremi s,
4 L. - - a=-t,ad vahcthcr they "VNI iu g;-kk eu Pruponta Oppoocnt or othcnvi.~e-
'1ny pcm- n [wlin rail3 to sign in shall not be permitte:,d to WalliC until all those whit sil mnl
in ILa'VC Clone 50, rw 's} ns who ha%e signed in and wish to be
heard shall be given an apportimity taw be heard. HntwcYcr. the Presiding UlTicor &halt he
authorized to ehinhTitli speaker time limits and othcrwvisc rontrul presefiudo~ps Presiding ovoid
[ ii:pCt-[t1rNYli- a rt. i - xa~+r.,r-~j =~*--iIJ--Fr _L J . . s= f, 7 x: r Si{~Ln
1) Meer, subject to couLun-cnec of 0c majority of the Council, may crablM. timF-- limits
:end othenwiw coniml presentations. The PresidEng t-)f seer Tnay change the +.xrdv.r of
t3e,tirrna~rcc o~tirtiiL'3l
Draft f (Pr R[% i e `i O n l% formatted: Pone 16 pc Sold
Formatted: Font 16 pt
Formatted: Font: 16 pt, BSA
Speakers so thu testimony is hcanl in the most logical krrrupirtgs, Ii c.. prnponalis.
opponents, adjacent owners, vested interests, etc-)
(h) (he Presiding Officer introduces the agenda item, opcns the public hcarine„ and
announces the following Rules of Ardor
I. All comments by proponents. opponents, or the public shall he mule fnim Ittc
speaker's rostrum and any individual making comments shad fiat give higher
name and address. This is required because an official recorded transcript of the
public hearing is being made, If there is any appeal, the court mint make its
decision on the basis of what was said at the public bearing-
2. It is not necessary to be a proponent or opponent in order to speak. If you
consider yourself neither a proponent nor opponent, please speak during the
proponeni portion and identify yourself as neither a proponent nor an opponent.
3 No kt;nimcnts :.hull be mask ' m.am other Ictctltip,-6g(yd_ar.
O;f K mpt=u_s shall be subicct t~ toe A from the m~rilt -
; _J11C will be no dc 2a _atmtausc Lit othct audlencc , - - i 1
is gonna c►raii the conclusion of anvont's oresrntatitm, Jhg Ct-,jnc,l it is t riic-,,
In cnmidpr b s_\trrssions and it takOliMc-3 Azy from the wt~+m
ihc+e rules ay-- tn1cn4FA_.Iq ttrtattote w erder>••_fNocm of_hol_df?= ;t
rsn P- to %s t~crs.~ns an otmortun)tv_to he hood and 1
:err e L t't•_~ 11
1 Ibc !'residing Offlicr skill cu:.tomai-ih-41 1c). nr.iNncias in qustii•;udicial
p kyMin" and for spcakcts_.in ru n-quasi-judicial l+rr t lings_ !!Teen car.>idcr pg 3
Qite-SDezific CQIttDC~?m~C_l_ L" ,•i _ s.1- 1-"'t I (
PrCSI~n! t7t'Sctr shall ann4llr
"Site nlatti>.Lsttc rendition>_ 1:_ i _ _ i e?t -'t -=I- - I ! 1
a%oided except as thou help evvlwn the i=:i ~~f r1li~` .S'rr~tMU.1 or aj0tCj'=j :ondivcri-
far nrt►ron nv rawhic rrttm~njaicwu shcanld be roo fc r Ohi irwi %r~ur .15ct ml%,
and the administration or Cin. Council should ►sold indicat_
g4hnlans- Such c-Odcni+c .hAll remain a part of thc_rc vnl-
2 Me erimoncnts or speakrrs now weak IN rte: if the Crt-, 1.
a Ilt~thbef or rncr-r- - rl . - ,11 ti• 1,- - .
rcltttttal ieAitrlc~r:• '
The PMidinz r er a fvllo%iit_
yr Ns time rt opponrnts and Re-rorts %ho do not claim to be citba a aroomcut cK alt
,)pramrnl %JU base_ ati oprw trtunitS try.%pCo; Sh~ni any op x l t#d!.S yueitions to asi_
_'.t •`i hoc,n--I.~P''. , -:r }.i.. ..i...n n, •i,.e T1 C:11<-•~l.til .I:
25
< iucuntncc'rtamtrl
Fon"tt,ad: F'arR. 16 JK
'.I[ ,Jt_ ,L'Itl 1, _ ,lo~.l, .I. .I' ~I .'i: 'I. is '"',t-. ,.I
Ihc r'i`lp'Pn C+lt --b-ij _l?C r I i.' „rl I r, 5
L_,id i L QF car rya rti _sF - I , 1
fa P IC P9L3i{1111LI1G j 11! I I + _ _ 1 i
jig xadis i;l'r 1+a flcnB to swxRT1 is t -vjo. l._.,l t :l
111r Frc l kiii Off
f-'c:t~.i lrl rrbutl>al aa11 not itl9nalus FicK f > 9.. If 11te eaWOEMI IJ.,s
-dl,k%vcJ to do -w_ the ,Frkt*t> ttil5•?try]! alw he atltawLd to rc~us Illy l %a '+tcrli} _
the 1 resrcliaa~ t)fticr-r}tpci_'5 _the ft- II &win
-Ai this time I _Ajff tk.gUjrrLgf the aLn nj.:lrdlatrn x~tr~ i
i`ilmoducc riny testiznam" la1 w sl,?171cr1: _
.11e1v regard l[ It11Ut11 Lrl[al rRMCDd!rJi611::
1 he l'rr.gdirrq VfEPK E3I1 631T? ;s '1.
A'..- the 1tl-k![ PUP OMLIS14rn1-•" ?.T1;aIN c. YL 4417?a?1 Wl_ Xl% 'ILuLLDL11T[1'47r7b4l I..:
sa Jhc writgtprirue indvwidual will be rms-alled ;1R+ tb-Vk,diunl. fhr 1'resi,i'
l?l~ic:r nntlt x.154 Q=it 1.111c<t.iklTFS 14V ti-11 L 1.1??emh'c;-s «f ar`t' sl itn~~ ai 19~s_5.~ T}41u
t.l'lr1X$ ti ap+ crtirans nfulrnc atkr lttC[I.l Irti•P 1E-711 r
I.-d by the Nr5rdiol f-" L115 ,1ec11 ktii ate. if dermcd nlrr%iii'r
I" Pic f'Mp .31CLt cIU-n; the public ilcsrinl?. --'Lddj1j4?,,l
r+` yg4 or g inside-red aflzr tht dot; n~-1 i11'c_~71~Li c fl:rili 11
? ic"f_d .56_ ~t!:~'t..1Ner111 a dntc ccrtain for thc~?'.,._r..:
limes. such 89 a lgal hair.. ~li.~_sg~'. tts1 *scei~c~! h the I'trslriin l7i!'s
1 The F°Csid[n a irrgtkires ifmhcrc is u M-OliM hN snV l=rr MLi nLCf l~r
it -hall I NC the Ccrr[?t of an of rtna[ lh#,n. Following the T.oiinn wnd I[s
11 r itt l occars among Council mcmbt+ i'Ijc Prc%'n ofil a MAI, call on i7F{~il idle i
a_ ?Iusscil:rwrm +ers r1L11`iL -Aiscus-'i+wll. Ilia 42u?lcilrncmbcr uhr~ rrrEp s ll}g m1.3•li{rn L__
C` a rt4 his or her ra;►11 mtaeion: &awu°st1 h r yhc ca" -.ate nrAin it tic L,sf
s 1,.Q ,Nvn4# lht trnmiom hLM:'cAvr_ can symil. arzaislyl Ilse rmlc~ hill tx~' ntir =ec end mr
I I he I'rniilimt ()fu:qj11 jJt if1-horc is Lyu funhcrr#Lcusaipra kn lltir 'tlrlnt"iiolcn h_,,
1rL+a71 ~111Y114~rA~'F'n - _ - _ _ .
I<<r tile Quescic"I
_?IC L I
^4, 'ftlittu l1Trcr gnaw- +_dirCtl I~'lr ,>IiF.rnirtinrll,
1+Ic I'~1 - - -
may bu-Sp2ro%c-1 rr.
CfCS1'II ancc f'.l iln.u;Ll Ztt
1) r a ft fn r I l e,, i c v% m y Fwmetrac: Font 16 pt, E"d
Fon"atte& Font 16 Pt
Formatted: fur#: 15 Pt. FW
-.,rt,i,:~tpar:L~.-,:{:.::...~~-nn~t--c•a:+--l~:.i--~.~!rl :..a-ti..-r---N-~.L..~.._
4. AM- NA4,11i b@ R6 dVFMAqMI49ft!k OPPIUM Of 00" ffiWhffm'-!
of ~ OW Qeeel
'J 56jettg OMA it t,
00 When Council conducts a hearing to which the Appearance of Fairness Doctrine appiics,
:he Presiding Officer (or in the case of a potential violation by that individual, the Mayor
Pro Tem) will ask if any Councilmember knows of any reason which would requite such
member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The
term of the announcement is as follows:
MI Councilmembcrs should now give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any patty to the proceedings.
2. A direct or indirect monetary interest in the outcome of the proceeding:
3. A prejudgment of the issue prior to hearing the fwu on the record; or
-t. Had ex parte contact with any individual, excluding administm ive staff, with
..egard to an issue prior to the bearing. if any Councl7member should answer in
the affirmative, then the Councilrocmbers should slate the reason for Wier
aaswer at this time, so that the Chair may inquire of adminiq=ion as to whether
a violation of the Appearance of Fairness Doctrine exists.
.-_y-
Site-Specific Comprellencive Plan and Zoning Amendments ("RezoneC). The following rue- FormalLed:Indent_ tort -OAM"
general concepts and not intended to add to or change applicable statutes or ordinances or to be
considered a land use control. Under Washington's Growth Management Act, Chapter 36.70A
RCW. as implemented by Spokane Valley, sit-specific rezone requests (initiated by property
,-)wncrs or developers) are processed not mote frequently, than once each year, concurrently with
the Compmhensive Plan amendment process. This assures that all rCzo= are consistent with the
UAcrarching purposes and intent of the Orowth Management Act and the City's Comprehensivc
Plan. All zoning mast be consistent with, and implement the Comprehensive Plan- To that end, at
The outset of each public hearing or meeting to conkider a zoning amendment or zoning
reclassification the Presiding Officer or City Attorney will announce the legal standards for
Comprchensbm Plan and toning amendments and rite the panics to limit their ptierttaliotts to
intununtiun sithin the scope of the ~tar:dards. l?,c furor cif tltc anrounccrncnt i± :is fiilln,ss:
CW armncc Manual-7
Draft for R e N i c n k Formatte : yt_ 16 M EWd
FW"Uft & Font- 16 pt
Formatted: FanL 16 pt, Wd
fhc ti llu»irg .uz gcncrul Lurrc_pts regarding Ctimprchcnsi%c Plan and amendments under the law of the State of Washington
I . The current zoning is presumed valid.
2. Ilrc burden of proof is an the applicant for the site-specific Comprehensive Plan
and zoning amendment to establish by proof in sufficient messure that the
following requirements have been satisfied. in making its decision, the City
Council will consider the recommendations made by the Planning Comm-on
and the record developed before the Planning Commission. Requirements (a),
(b), and (c) stated below shall be "considered" and weighed by the Council_ Tex
Council must affirmatively find that the applicant has satisfied requirements (d)
through (k):
(al Whether circumstances related to the proposed amendment and'or the
area In which It is loeauxi have substantially changed since the adoption
of the Spokane Valley Comprehensive Plan;
(ht Whether the assumptions upon which the `pr kanc Valle)
Comprehensive Plan is based am no longer valid, or whether new
information is available which was not considered during the adoption
process or any annual mtnndrr;ents of the Spokane Vallcy
Comprehensive Plan;
(c) whether the propo-sed tntcudntcnt reflect; current %kidcly held
community value;;
1d) Ilte proposed amendment meet, concur.cncy requirements for
transportation, sewer, and water, and does not adversely affect adopted
level of service standards for other public facilities and services, such as
police, fire and emergency mcdic d scrviccs, park services, and general
government services;
(0 The proposed amendment is cnnsis-cm with the goals. policies urrd
object i~- of 'l1.^ % ar,w- r l,r-i cn F;,1* the pia Li Ilcc V !1I~~ 1cr,.,i Ic
('for;
(1) llic hn am--;idi-,xGt -,gal ,rid t.lt ir1 i-•n I'.:uric. nt .'.~cf-~c
impacts to the city's trwt%rort aion nctworh, capital fluilitics, utilitic
p..rks, and environmental features that cannot be mitigated, and will r., ;
place unwmpemated burdens upon existing or planned cenvic~
capabilities;
0, In the care of an amendment to the land use map, the subject parcels are
physically suitable for the requested land use dmignariou and the
rtticipatod land use development, including but not limited to access,
provision of utilities and compatibility %%ith existing and pltanncc)
-.urtvtmding land uses;
It:) Ilse proposed amendment "ill not create a pressure to change the land
u:c designation of other pmipenie.3, unlr:!; the change of land user
Fos --tted:Font: 16pt,Bold
Draft for le ieK' (tI FonnaRads Fort 16 pt
Fonnattad: Fort: 16 pt, Gaud
designation fur outer pn)petics is in the long-term intcrc,ts of the
community in general,
tt) The proposed action does Sxrt malaially affect the land use wid ,;nu,h
projections which are the basis of the Comprehensive Plan.
ti) The proposed action does not materially affect the adequacy tit
availability of urban facilities and cen-ices to the immediate area :end the
overall area of the city; and
tk) The proposed amendment is consistent with the 6SAA, the uiopied
county-wide planning policy of Spokane County. any other spplicablc
intcrjurisdictionsl policies or agreement-, and any other state or local
laws.
3. nie faits in supix)rt of the application may come from any source; either the
applicant, the administration, or the public. the important consideration is that
the decision must be made on the basis of information provided to the Planning
commission and to the City Council at this public hearing or any continued
public hearing All evidence, such as photograptm letters. chartst maps, slides.
compruter presentations or other evidence must amain in the record in a form
which can be reviewed on any appeal. For example, a print out of a computer
slide show, may be submitted. Any exhibit not remaining in the record will not
he considered.
2-:
.:~fitli!'-EC-~L_i_.. P; M .~`'l~yam
t~} ZRTiT-Cl~rt~..7 &MEndfMa4i
~Ct- - 1'fsc14%;T _ tom.:-..-
J vts?+ ific irc-s~la fez'.-{4w~~
ind4aidually legal
!ts4 ld pl -
' Mihd-~' hflP_~T:.f~-l~!Ulel 6~ci~:i-i}ai~4C~}tti' cif'~'i"kal-•+i-•~Fr!j:.•---::--•i
crovcrnancr Manual =`1
Draft for k e ► i e ( ) n l ► Fwrnatted: Fort 16 pt, BoW -
Fonrj tLed: Fort 16 pt
fwmattad: Font: t~ m. Eh1j
-44 e . Officer -
k MLW CilolS (of T~ .4!F0118Kii-
1-~'+'F l'1-fl'eY}Y)Q\'i -S'L~'C:`I1C,"`TJ_-'t'2_
'AA ha%c an or.
Che r mpoplQl1f-5
i
V*► • -
Iffle
_ - . -~cri:fi-r{iTr~tf--`•.
of-their the
-
"f Kvf4le4 is the l4lR~-H'1!}!-1!t!!i~-d•silldt~Cfl+slfl-~e:N-f~fl-~►lFl-e~S!'-u~feti`@+4 - _
~-T1 ' _ - . - - .
Y t
,mqw - _ iNitiif if li' Pw-Piviij fie Uffieff fmW r
i+ki}v mwc- 4MIE; s~ifii-4*4iFa9i'~_iliR!
- - .-~i EILle~Y u.
pooAalm 1
I
CI 111m c ht 113_:1
Draft fur Review Oniv -'`°~Fvr" 16ABod
Format Lds FWC 16 pt
Formsdodt rorC 16 pt, Bold
1~4z~i►t: R•r..
1_~n1 of Irm-le 4 - Public IlFnring Procedures
ARTICLE 7 - USF OF RULES
7.01 Purpose- These City Council Rulc, of 1'roccdurc am designed to provide guidance for the City
Council. They tine not to be considered restrictions or expansions of City Council authority.
These rules have been prepared from review of many statutes, artdinances, court cases and other
sources but they are not intended to be an atncndment or aiht.titutc for these st:etutcti urlinanccc,
court dedsions or other suthurity
7.03 Use. No action taken by a Cnuncilmcmber or by the Council which is not in complumcc uith
these riles, but which is otherwise lawful, shall invalidate such Councilmember's or Council
action or be deemed a violation of oath of ofThoe. misfeaunce or malfeasance. No authority other
thin the City Council may enforce these rules or rely on these rules. Failure of the City Council
to follow any of these rules dull be considered a Council decision to waive such rule. No notice
of such waiver need be given.
7.03 Public Use or Reliance Not Intended. Because these rules arc designed to assist the City
Council and not to provide subsunti%v rules aflating constituents, it is cKprctsly stated that these
ruts do not oonstitute land use regulations, official controls. "appearance of fairness rules,"
public hearing rules or other substuttivc rules binding upon or to be used by or relied upon by
members of the public- Thee rules do not amend statutory or other regulatory (such as
ordinance) requirements.
End rf Article 7 - (.tae (?f Rule
(3cnt~nancc Manual 31
Draft for Review Only
Sol ' o~
i'
'
A TTA C.I WNT A
Governance Coordination
Manual
Resolution No. 06-
A Comprehensive Collection of Meeting Rules,
Coordination Procedures, Administrative Public
Dearing Procedures, and Applicable References from.
the Revised Code of Washington
Adopted
Resolution 03-025 adopted 5-13-2003
Resolution 04-013 adopted 5-25-2004
Resolution 05-021 adopted 9-13-2005
Governance Manual 1
Draft for Review Only
TABLE OF CONTENTS
ARTICLE I - COUNCIL MEETINGS ........................................................................................................4
1.01.1 Council Meetings - Time and Location 4
1.01.2 Council Meetings - Open to the Public 4
1.02 Election of Officers 4
1.03 Presiding Officer ....................................................................................................................4
1.04 Quorum 5
1.05 Attendance, Excused Absences ..............................................................................................5
1.06 Special Council Meetings- 5
1.07 Council Material 5
1608 Council Packets ........................................................................:.............................................5
1.09 Council Meeting Agenda / Consent Agenda 5
1.10 Approaching the Dais................:............................................................................................. 6
1.11 Study Sessions and Workshops. 6
1.12 Council Travel Provisions .....................................................................................................7
1.13 Telephone Tree 7
1.14 "Three Touch Principle.. 7
1.15 City Manager 8
8
1616 City Clerk - Minutes - Public Information Access... I
1.17 City Staff -Attendance at Meetings 8
ARTICLE 2 - DUTTES AND.PR..TVTLEGES OF MEMBERS ...................................................................9
2.01 Respect and Decorum 9
2.01A Fornns of Address 9
2.02 Seating Arrangement 9
2.03 Dissents and Protests ..............................................................................................................9
2.04 Filling Council Vacancies ......................................................................................................9
ARTICLE 3 - COUNCIL PROCEDURES ..................................................................................................9
3.01 Rules of Order ........................................................................................................................9
3.02 Motions ..................................................................................................................................9
3.03 Order of Business .................................................................................................................10
3.04 Adjournment Due to Emergency or Disruption... 12
3.05 Permission Required to Address the Council 12
3.06 Voting and Tele/video Conferencing 12
3.07 Enacted Ordinances, Resolutions and Motions.. 66 13
3.08 Ordinances .................:..........................................................................................................14
3.09 Resolutions ...........................................................................................................................14
3.10 Reconsideration ....................................................................................................................15
3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances, Resolutions and
Motions ................................................................................................................................15
3.12 Complaints and Suggestions to Council 15
3.13 Photographs, Motion Pictures, Video Tape Permission Required for Artificial
Illumination l .
Govemance Manual 2
Draft for Review Only
TABLE OF CONTENTS, Continued
ARTICLE 4 - COl\Cq TEES, BOAIWS & CO1VTi1TISSIONS
4.01 Committees ...........................................................................................................................16
4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies ........17
ARTICLE 5 - RELATIONS wiTH CITY MANAGER & ADML~IISTRATiON 17
5.01 Role of the City Manager .....................................................................................................17
5.02 Administrative Interference by Councilmembers ................................................................17
5.02.1 informal Communications Encouraged ................................................................................17
5.03 Administrative Complaints Made Directly to Individual Councilmembers .........................17
5.04 Administrative Complaints -"Best Practicc7 .......................................................................18
ARTICLE 6 - PUBLIC HEAREgG PROCEDURES ................................................................................18
6.00 Types of Public Hearings .....................................................................................................18
6.01 Legislative Public Hearing ...................................................................................................18
6.02 Quasi-Judicial Public Hearing ..............................................................................................19
1. Specific Statutory Provisions ..........................................................................................19
2. Actions/Procedures for Quasi-Judicial Public Hearing 19
3. Public Hearing Format ....................................................................................................20
4. Appearance of Fairness Doctrine 22
6.03 Site Specific Comprehensive Plan and Zoning Amendments (Rezones) .............................23
~ ARTICLE 7 -USE OF 1ZUI.T-S 25
J 7.01 Purpose. .25
7.02 Use 5
7.03 Pubic Use or Reliance Not intended 25
Exhibits and attachments:
Exhibit A-1. Telephone Tree Memo ..........................................................................................26
Exhibit A-2 Telephone Tree for Council / Manager Chart ....................................................27
Exhibit A-3 Parliamentary Procedure at a Glance .................................................................28
Exhibit A-4 Legislative Process Flow Chart ............................................................................29
Exhibit A-5 Committee Structure and Rules ...........................................................................30
Exhibit A-6(1) Task I±orcefrown Hall Meetings General Model ...............................................32
Exhibit A-6(2) Multi-Agency Coordination Task Force Model .................................................33
Exhibit A-7 Citizen's Task Force General Model Chart ........................................................34
Exhibit A-8 Revised Codc of Washington, 35A.13, CouncilfManager Plan .....................35
Exhibit A-9 General Policy Resolution of Core Beliefs ..........................................................42
Governance Manual 3
Draft for Review Only
ARTICLE I -COUNCIL MEETWGS
1.01.1 Council Meeting - Time and Location. All regular meetings of the City Council shall be held at
the times and locations specified by applicable ordinances and resolutions of the Council.
1.0.1.2 Council Meetings - Open to the Public. All meetings of the City Council and of committees
thereof shall be open to the public, except as provided for in RCW 42.30.110 or RCW 42.30.140.
1.02 Election of Officers. Procedures for electing officers are as follows:
(a) Biennially, at the fast meeting of the new Council, the members thereof shall choose a
presiding officer from their number who shall have the title of Mayor. in addition to the
powers conferred upon him/her as Mayor, he/she shall continue to have all the rights,
privileges and immunities of a member of the Council. If a permanent vacancy occurs in
the office of Mayor, the members of the Council at their next regular meeting shall select
a Mayor from their number for the unexpired term. Following the election of the Mayor,
there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run
concurrently with that of the Mayor. (RCW 35A.13.030)
(b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for
nomination. Each member of the City Council shall be permitted to nominate one (1)
person, and nomination shall not require a second. A nominee who wishes to decline the
nomination shall so state at that time. Nominations are then closed. The election for
Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the
manner previously described for the election of the Mayor.
(c) Except when there is only one (1) nominee, election shall be by written ballot. Each
ballot shall contain the name of the Councilmember who cast it. The City Clerk shall
publicly announce the results of the election. 'T'hereafter, the City Clerk shall record the
individual votes by councilmembers in the minutes of the meeting.
In the event the Council is unable to agree on a Mayor by majority vote of members present, the Office of
Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance.
The off-ice of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy
Mayor, or if such person is not a member of the Council, the Councilmember with the next highest
seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such
authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which
time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate.
1.03 Presiding Officer. The Mayor shall preside at meetings of the Council and be recognized as the
head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or
executive duties. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall
act as Mayor during the continuance of the absence. In case of the absence or temporary inability
of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by members of the
Council shall act as Mayor during the continuance of the absences. The Mayor, Deputy Mayor
(in the Mayor's absence) or Mayor Pro 'rem are referred to as "Presiding Officer" from
time-to-time in these Rules of Procedure.
1.04 Mayor/Council Correspondence. Councilmembers recognize that in the Council/Manager form
of government, the Mayor is recognized by community members as a point-of-contact. To
facilitate full communications, staff will work with the Mayor to circulate to Councilmembers
copies of emails and written correspondence directed to the Mayor regarding city business. This -
provision will not apply to invitations for mayoral comments at various functions nor requests for
appointments nor other incidental contact between citizens and the Office of the Mayor.
Governance Manual 4
Draft for Review Only
1.05 Quorum: At all meetings of the Council, a majority of the Councilmembers who hold office
_ shall constitute a quorum for the transaction of business. A lesser number may adjourn from
time-to-time, provided that written notice of said adjournment be posted on the exterior Council
Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision
shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12-.120)
1.06 Attendance, Excused Absences. RCW 35A.12.060 provides that a Councilmember shall forfeit
his/her office by failing to attend three consecutive regular meetings of the Council without being
excused by the Council. Members of the Council may be so excused by complying with this
section. The member shall contact the Presiding Officer, City Clerk, or City Manager prior to the
meeting and state the reason for his/her inability to attend the meeting. Following roll call, the
Presiding Officer shall inform the Council of the member's absence, and inquire if there is a
motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion
by a majority of members present, the absent member shall be considered excused and the City
Clerk will make an appropriate notation in the minutes.
1.07 Special Council Meetings. Procedures for setting a special meeting are as follows:
(a) A special meeting may be called by the Mayor or any three (3) members of the Council.
(RCW 35A.13.170, 35A.12.110)
(b) Notice of the special meeting shall be prepared in vn iting by the City Clerk. The notice
shall contain the following information about the meeting: time, place, and business to be
transacted.
(c) The notice shall be delivered by regular or electronic mail or personally to the residence
of each Councilmember, 'the City Manager, and the business office of each local
newspaper, radio and television station which has on file a wTitten request for notice of
special meetings. The notice must be delivered at least twenty-four (24) hours prior to the
meeting.
(d) The notices provided in this section may be dispensed within the circumstances provided
by RCW 42.30.080, that is: (l) As to any member who, at or prior to the time the
meeting convenes, files with the City Clerk a written waiver of notice, (2) As to any
member who was actually present at the meeting at the time it convenes, and (3) In the
event a special meeting is called to deal with an emergency involving injury or damage to
persons or property or the likelihood of such injury or damage, when time requirements
of such notice would make notice impractical and increase the likelihood of such injury
or damage; or as otherwise provided by law.
1.08 Council Material. Councilmembers and affected staff should read the agenda material and ask
clarification questions of appropriate staff prior to the Council meeting, when possible.
1.09 Council Packets. Councilmembers shall personally pick up their agenda packets from the
individual mailboxes, provided by the City Clerk, unless otherwise arranged by the member or
further directed by Council.
1.10 Council Meeting Agcnda/Consent Agenda. The City Clerk, under the direction of the City
Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters
according to the order of business and prepare an agenda for the Council. After the proposed
agenda has been reviewed and approved by the Mayor, the Presiding Officer shall have the option
of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be
Governance Manual 5
Draft for Review Only
prepared for Councilmembers, the City Manager, and the media who have filed a notification
request, on or before close of business on a Friday preceding a Tuesday regular Council meeting,
or at the close of business at least 24 hours preceding a special Council meeting. Any revised
agenda thereafter distributed shall contain the date, time and'author of the revision. Distribution
of the agenda to Councilmembers shall be as directed by Council and may be by mailboxes in
City Hall, Fax, E-mail or personal delivery when requested.
Requests for presentations to be scheduled on the formal agenda imply that the presentation is the
official business of the City. Playing of video tapes shall be pre-screened by the Presiding
Officer or designee who shall rule on the appropriateness of the video tape.
The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or
the City Manager may introduce a new item to the agenda at a meeting.
(a) The City Manager, in consultation with the Presiding Officer, shall place matters on the
consent agenda which: (1) have been previously discussed by the Council; or (2) based
on the information delivered to members of the Council by administration can be
reviewed by a Councilmember without further explanation; (3) are so routine, technical
or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise
deemed in the best interest of the City.
(b) The proper Council motion on the "consent agenda is as follows: "I move approval of the
consent agenda." This motion will have the effect of moving to approve all items on the
Consent Agenda. Since approval of any item on the consent agenda implies unanimous
consent, any member of the Council shall have the right to remove any item from the
consent agenda. Therefore, prior to the vote on the motion to approve the consent
agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be
withdrawn from the consent agenda. If any matter is withdrawn, the Presiding Officer
shall place the item at an appropriate place on the agenda for the current or a future
meeting.
1.11 Approaching the Dais. The intent of adding this item specifically to our Governance Manual is
to make it clear to Staff; Council and the general public once a Council meeting has been called
to order, stepping between the podium and the dais will not be allowed. This includes, but is not
limited to, video recording, still photography, tape recording, and written handouts.
Approaching the dais will not be permitted after ten minutes prior to the start of the meeting.
The Council reserves the right to invite anyone forward to be addressed at the dais.
1.12 Study Sessions and Workshops. Regular or Special Council meetings, or portions thereof, may
be designated as Study Sessions by the Presiding Officer. Study Sessions need have no formal
agenda, except when required for special meetings under RCW 42.30.080, and may be conducted
informally so long as such informality is not in conflict with these rules. The purpose of Study
Session discussions is to allow Councilmembers to be made aware of impending business and
allow informal discussion of issues that might be. acted on at a future meeting. The purpose of
Workshops is to allow Councilmembers to do concentrated preliminary work with
administration on single subjects but time consuming, complex matters (i.e., budget, complex
legislation or reports, etc.). Workshops and Study Sessions shall be in a less formal setting,
council may be seated other than at the dais, but shall not discourage public observation. Public
comment is not allowed at study sessions although the Council may request participation in the
same manner as a regular Council meeting. The City Clerk, under the direction of the City
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Manager, shall arrange a Council study session or workshop work-sheet for the meeting. The
worksheet shall, for each itein, contain the discuvvion subject, the discussion leader, the activity
and the discussion goal. After the proposed worksheet has been approved by the Presiding
Officer, a copy shall be prepared for Couneilmembers, the City Manager, and the press, on or
before 4:30 p.m., one (1) clay before the Council study session or workshop. During the Council
study session or workshop, the discussion leader should.
(a) Introduce the subject and give background information;
(b) Identify the discussion goal;
(c) Act as facilitator to keep the discussion focused toward the goal; and
(d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or
official direction of the Council.
The role of the Presiding Officer is to faciliwe Councilrnembers engaged in f."ree flowing
discussion witbout the necessity of each councilmember being recognized by the presiding
officer. The Presiding Officer retains the option of assuming the fimction of the discussion leader
at any time in order to maintain decorum and ensure all councilmernbers have the opportunity to
be heard, and to keep the discussion properly focused.
1.13 Council Travel Provisions. This section is intended to provide guidance on the utilization of the
Council budget for city business related travel expenses. The total allocation of travel funding
budgeted for the Legislative Branch for the fiscal year will be apportioned (1/7) to each
Councilmember. These monies may be used to defray expenses for transportation, lodging, meals
and incidental expenses incurred in the conduct of city business. Periodic statements of
expenditures to date will be provided each Councilmernbcr by the Finance Department. Should a
Councilmember exhaust their apportionment of funds, that person will be responsible for
payment of any travel and related expenses or they may request a voluntary allocation from
another Couneil.mcrnber who bas a balance in their travel account.
During the last six (6) months of a Councilmember's current term of office, incurring City
business-related travel expenditures require the prior authorization of the Finance Committee,
except when such travel fulfills the obligations of the Councilmember's service on statewide or
regional boards, commissions or task forces.
1.14 Telephone Tree. Occasionally there are very important or emergency happenings in the
community where members of the Council should receive briefings as quickly as possible. A
City Council telephone tree system has been adopted by Council motion and is attached as
Exhibit A-1 & A-2.
1.15 "Three Touch Principle." Decision makers and citizens at all levels of the City should have
adequate time to thoughtfully consider the issues prior to final decisions. It is the intent of the
Council that the Council and Administration shall abide by the "'three touch principle"
whenever possible. The following procedural guidelines are designed to avoid "surprises" to the
City Council, Citizens and Administrative personnel:
• Any request or proposal for adopting or changing public policy, Ordinances, Resolutions
or City Council Directives which will require a decision of the City Council, or
Administration, should "touch" the Decision makers three separate times: This
includes oral or written reports, '*information only" agenda items, or any combination
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thereof. To facilitate the Council's strategic use of legislative time at its meeting, star'
may satisfy the first-touch by issuing an informational memorandum, unless the subject
matter is complex in nature. Quasi-judicial matters and any subject discussed in
executive sessions are excluded from application of the "Three Touch Principle."
• It is recognized that the hands of decision makers should not be tied unnecessarily.
Unexpected circumstances may arise wherein observance of the "Three Touch Principle"
is impractical. However, when unusual circumstances arise which justify a "first
discussion" decision, the persons requesting the expedited decision should also explain
the timing circumstances. This Principle excludes staff reports and other general
communications not requiring a Council decision.
1.16 City Manager. The City Manager, as the chief executive officer and head of the
administrative branch of city government, or his/her designee, shall attend all meetings of the
City Council, unless excused by the Presiding Officer or Council. The City Manager shall be
responsible to the Council for the proper administration of all affairs of the City. The City
Manager shall recommend for adoption by the Council such measures as he/she may deem
necessary or expedient; prepare and submit to the Council such reports as may be required by the
body or as the City Manager deems advisable to submit; keep the Council fully advised as to the
business of the City; and shall take part in the Council's discussion on all matters concerning the
welfare of the City. In the event that the City Manager is unable to attend a Council meeting, the
City Manager shall appoint a key staff member to attend the meeting as the representative of City
administration. (R.CW 35A.13.080)
1.17 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex-officio
Clerk-of-the-Council and shall keep minutes as, required by law, and shall perform such other
duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In
the absence of the City Clerk, the City Clerk shall appoint a replacement to act as
Clerk-of-the-Council. The Clerk-of-the-Council shall keep minutes which identify the general
discussion of the issue and complete detail of the official action or consensus reached, if any.
When practical, and with the exception of Executive Sessions, the City Clerk shall audio record
the proceedings of all City Council meetings, and shall keep and snake available an index of the
topics of each meeting which will facilitate location of the item in the appropriate meeting
minutes. Access to the audio recordings shall be made reasonably available to any party who so
requests, according to City public information procedures.
1.18 City staff - Attendance at Meetings. Attendance at meetings by City staff shall be at the
pleasure of the City Manager. It is the intent of the Council that the Manager schedule adequate
administrative support for the business at hand but also protect the productive capability of
Department Heads. When sound system or other monitoring capabilities exist, the Manager may
allow personnel to utilize productive time in their offices or other areas while waiting for the
specific item of business for which their appearance before the Council is necessary.
End ofArlicle 1- Council.Ueelings
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ARTICLE 2 - DUTIES AND PR.fV`ffEGES OF MEMBERS
2.01. Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and
respect: -for their offices, City staff and the public. While the Council is in session, the
Councilmembers shall preserve order and decorum and a member shall neither, by conversation
or othenvise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any
member while speaking. Councilmembers and the public shall obey the orders of the Chair.
Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the
business of the Council, either while addressing the Council or attending its proceedings, shall be
asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or
adjournment as set forth in section 3.04 of this resolution.
2.01A Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your
Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members
of the Council shall be addressed as "Councilmember (surname)" unless waived by the
Presiding Officer.
2.02 Seating Arrangement. CounciItile mbers shall occupy the respective scats in the Council
Chamber assigned to them by the Mayor.
2.03 Dissents and Protests. Any Councilmember shall have the. right to express dissent from or
protest; orally or in writing, against any motion, ordinance or resolution of the Council and have
the reason therefore entered or retained in the minutes.
2.04 Filling Council vacancies. If a vacancy occurs on the City Council, the Council will follow the
procedures outlined in RCW 35A.13.020. In order to -fill the vacancy with the most qualified
person available until an election is held, the Council will publish a notice of the vacancy, the
procedure, and distribute the application form for applying. Ifhe Council will draw up an
application which contains relevant information to answer set questions posed by the Council.
The application forms will be used in conjunction with an interview of each candidate to aid the
Council's selection of the new Councilmember.
Trod of Arlicle 2 - Duties and Privileges of jVembers
ARTICLE 3 - COUNCIL MEETING PROCEDURES
3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be
governed by the chart of the most common "Rules of Order" questions. Attached as Exhibit A-3.
(a) Out of Order Requests.
Occasionally a member of the public may wish to speak on an agenda item but cannot
remain until the item is reached on the agenda. During Open Comments :From the Public,
such person may request permission to speak by explaining the circumstances. The
Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of
order request.
3.02 Motions and Discussion.
(a) All items of business placed before the Council that require the expenditure of Council
and/or administration resources shall be in the form of an ai1"umative motion.
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Affirmative motions are preferred to prevent "approval by default" of a failed negative
motion.
(b) Agenda. items scheduled as New or Old Business shall require a motion by a
Couneilmember before discussion unless the Council shall suspend the requirement by
majority vote. Upon failure of either a prior motion or rule suspension, the agenda item
shall be passed over and may not be reintroduced until the next regular meeting.
(c) When possible, Councilmembers should direct questions primarily to the City Manager
or the designated presenter.
3.03 Order of Business. The business of all regular meetings of the Council shall be transacted as
follows: provided, however, that the Presiding Officer may, during a Council meeting, rearrange
items on the agenda to conduct the business before the Council more expeditiously.
(a) Call to order by the Presiding Officer.
(b) Invocation
(c) Pledge of Allegiance.
(d) Roll Call (see Section 1.06 for procedure to excuse an absence).
(e) Approval of Agenda
(f) Introduction of Special Guests and Presentations.
(g) Councilmember Reports of Council or government-related activities (e.g. synopsis of
Committee or board meetings). These oral reports are intended to be brief, city work-
related," heads-up in nature" or otherwise of significance in keeping the Council
informed of pertinent policy issues or events stemming from their representation of the
city on a regional Board or Commission. Extended reports shall be placed as agenda
items for presentation or submitted in writing as an informational memo.
(h) Presiding Officer's report.
(i) Comments from the public on subjects not on the agenda for action - limit 3 minutes
each, unless modified by the Presiding Officer.
Note: the City Council desires to allow a maximum opportunity for public
comment. However, the business of the City must proceed in an orderly, timely
manner. At any time, the Presiding Officer, in the Presiding Officer's sole
discretion, may set such reasonable limits as are necessary to prevent disruption of
other necessary business.
1. Subjects not on the current agenda. The Presiding Officer may invoke a sign-
in procedure for speakers. Any member of the public may request time to
address the Council after first stating their name, address, and the subject of their
comments. The Presiding Officer may then allow the comments subject to such
time limitations as the Presiding Officer deems necessary. Following such
comments, the Presiding Officer may place the matter on the agenda or a future '
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agenda, or refer the matter to administration or a- Council committcc for
investigation and report-
2. Subjects on the current agenda. Any member of the public who wishes to
address the Council on an action item on the current agenda shall make such
request to the Presiding Olfie~er at the time when comments from the public: are
requested during the agenda item discussign.- The Council way hear such
comments before or after initial Council discussion. Aq an option; the
Presiding {officer may Invoke a sign in procedure- The Mayor, in consultation
with the City Attorney; shall rule on the appropriateness of public comments as
the agenda item is reached and shall rule on a specific individual or group time
limit for public comment. The Presiding Officer may change the order of
speakers so that comment is heard in the most logical groupings-
3. Comments shall be made from the microphone, first giving name, address and
subject. No comments shall be made from any other location; and anyone
makinig "out of order" comments shall be subject to removal from the meeting.
4. There will be no demonstrations during or at the conclusion of anyone's
presentation, Any. disruptive behavior, as deterrnincd by the Presiding Officer,
shall be cause for removal from the meeting room.
5. These rules are intended to promote an orderly system of holding a public
meeting, to give persons opportunity to be heard, and to create an environment in
which no individuals are embarrassed by exercising their right of free speech.
~ Any ruting by the Presiding Officer relative to the subsections 1 and 2 above may
be overruled by a vote ofa majority of members present,
7. PubUc. ccminents received during the public coram oat period shall not be allowed
b the COLGncil if they relate to any matter upon which a public hearing has. been
required.
Public ) icarings (see Article 6 for procedural details),
(k) Consent Agenda (see Section 110 (a) for procedural details).
(1) Old.Business.
(m) New Business.
(n) Public Coin ments. [saran as "i" abovel (3-min uw time 1 unit each)
I
(o) Administrative Reports. Reports or tracking of an admini. tIyative nature-
(p) Information only items,
(q) Executive Session (as required). Executive sessions may be Mid in accordance with the
Open Meetings Act, R. W C:hapter'4 .30. The Council may hold an executive session
during a regular or special meeting. Before convening in executive session, the Chair
shall pub] icly announce the purpose for excluding the public from the meeting place and
the time where the executive session shall be concluded. If the Council wishes to adjourn
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at the close of a meeting; /Yom executive session, that fact will be announced along with
the estimated time for the executive session. The announced time limit for executive
sessions may be extended by announcement of the Chair,
I
Councilmembcrs must beep confidential all oral and written information provided during
executive sessions to protect the best interests of the City. Confidentiality also includes
information provided to Councilmemburs outsido of executive sessions when the
information is considered exempt from disclosure under the Code of Ethics for Municipal
Officers.
(r) Adjournment. No Council meeting should be permitted to continue beyond
approximately 9;00 p.rm, without approval of a majority of the Councilmembers who are
present and eligible to vote. A new time limit must be established before taking a
Council vote to extend the meeting. In the event that a meeting has not been closed or
continued by Council as herein specified, the items not acted on shall be deferred to the
next regular Council meeting as old business, unless the Council, by a majority vote of
members present. determines otherwise,
3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire,
threatened violence, or inability to regain good order, the Mayor shall forthwith declare the
meeting adjourned or continued and the City Council shall immediately leave the meuting room.
3,05 Permission Required to Address the Council. Persons other than Councilmembers and
administration shall bo permitted to address the Council upon recognition and/or introduction b
the .Presiding Officer or the chair of the appropriate Council committee.
3.06 Voting and Tetdvldeo Con.ferencia-. The votes during all meetings of the Council shall be
transacted as follows;
(a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by
voice, except that at the request of any C ounc i I ni ember, a roll call vote shall be taken by
the City Clerk, The order of the roll call vote shall be determined by the City Clerk.
(b) Ili case of a tie vote on any proposal, the motion shall be considered lost.
(c) Every member who was in the Council chambers when the question was put, shall give
his/her vote unless the Council, for special reasons, shall excuse the member by motion.
If any ouncilmember refuses to vote `=aye" or "nay," their vote shall be counted as a
`:nay" vote unless the Councilinember is abstaining due to actual, or appearance of, a
conflict of interest.
(d) The passage of any ordinance, grant or revocation of francbhe or licenso, any resolution
for the payment of money, any approval of warrants, and any resolution for the removal
of the City Manager shall require the affirmative vote of at least a majority of the whole
rnembcrship of-the Council.
(e) The passage of any public emergency ordinance an ordinance that takes effect
immediately), expenditures for any cal arnit qr violence of nature or riot or insurrection
or war (except for the- statutory powers of the Mayor in accordance with RCW
35A..13-030), and provisions for a lesser emergency, such as a budgee amendment, shall
require the affirma ive vote of at least a majority plus one (1) of the %vhaIc member Aip of
the Council. (RC 35A.13.190) In the event calamitous conditions should prevent
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assembly of such majority through death or injuries, the provisions of RCW 35A.13.035
may be invoked.
(f) The passage of any motion or resolution not subject to the provisions of Washington law,
the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super
majority" for approval, shall require the affirmative vote, of at least a majority of the
membership of the Council who are present and eligible to vote.
(g) 1. Tele/video conference participation by Councilmembers may be allowed
provided technical availability and compatibility of electronic equipment shall
enable the Councilmember to hear the proceedings, be heard by those present and
participate in Council discussion.
(a) Requests to use tele/video conference participation for voling purposes
shall be limited to extraordinary circumstances quid must be ruled upon
by the Council-of-the-Wiole by specific motion before the Council main
agenda begins.
(b) In such ease, adequate equipment must allow the tele/video conference
participant to engage in Council discussion and be heard.
Telephone/computer system charges are to be at the Councilmember's
own expense, unless waived in the Council motion. Adequate notice
must be given to allow hookup in time for the main agenda.
2. Requests to monitor by tele/video conference in a nonvoting* capacity shall be
granted provided technical capability exists and adequate notice is liven, and
.j shall be at the Councilmember's own expense, unless waived in the Council
motion.
3. No tele/video conference participation for voting purposes shall be allowed for
public hearings or any quasi-judicial proceedings. Video conferencing may be
permitted upon a majority vote of the Council present at the meeting site for such
proceedings provided that all docutnents and exhibits are clearly visible and
legible to all participants and provided that a video and audio record of the
videoeonference is made and provided to the clerk. The cost of such
videoconferencing and record thereof shall be paid by the Counciltnember
requesting videoconferencing, unless waived by vote of the City Council.
4. Examples of extraordinary circumstances would be emergencies or illness,
accident, unforeseen urgent business, etc.
3.07 Enacted Ordinances, Resolutions and Motions.
(a) An enacted ordinance is a legislative act prescribing general rules of organization or
conduct relating to the corporate affairs of the municipality. Council action shall be
taken by ordinance when required by law, or where prescribed conduct may be enforced
by penalty.
(b) An enacted resolution is an administrative act which is a formal statement of policy
concerning matters of special or temporary character. Council action shall be taken by
resolution when required by law and in those instances where an expression of policy
more formal than a motion is desired.
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(c) An enacted motion is- a form of action taken by the Council to direct that a specific
action be taken on behalf of the municipality. A motion, once approved and entered into i
the record, is the equivalent of a resolution in those instances where a resolution is not
required by law, and where such motion is not in conflict with existing State or federal
statutes, City Ordinances or Resolutions.
3.08 Ordinances. The procedures for ordinances are as follows:
(a) A Councilmember may, in open session, request of the Presiding; Officer that the Council
study the wisdom of enacting an ordinance. The Presiding Officer then may assign the
proposed ordinance to the administration, a committee or the Council-of-the-Whole for
consideration. The committee or administration shall report its findings to the Council.
The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens and
Boards and Commissions may also propose consideration of ordinances and resolutions,
see Exhibit A-4 attached.
(b) Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or
resolution, he or she should so announce, make the initial motion and provide an
introduction for the measure.
(c) All ordinances shall normally have two (2) separate readings at separate Council
meetings. Unless waived by the City Council at each reading, the title of an ordinance
shall be read by the City Clerk prior to its passage; provided that should a
Councilmember request that the entire ordinance or certain of its sections be read, such
request shall be granted. Printed copies shall be made available upon request to any
person attending a Council meeting.
(d) The provision requiring two (2) separate readings of an ordinance may be waived at any
meeting of the Council by a majority vote of all members present.
(e) If a motion to pass an ordinance to a second reading fails, the ordinance shall be
considered lost, unless a subsequent motion directs its revision and resubmission to
second reading;.
(f) Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also
repeal the respective portions of the underlying ordinance(s). Ordinances repealing
earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring
before such repeal.
3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was
introduced. However, Council may invoke the two (2) reading procedures described in Section
3.08 (c) above to facilitate public understanding and/or comment on the resolution. The title of
each resolution shall, unless waived by the City Council, be read prior to its passage. A
Councilmember may request that the entire resolution or certain of its sections be read, and such
request shall be granted. Printed copies shall be made available upon request to any person
attending a Council meeting.
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_ 3.10 Reconsideration. Any action of the Council, including final action on applications for legislative
r l changes in land use status, shall be subject to a motion to reconsider except:
• any action previously reconsidered,
• motions'to adjourn or motions to suspend the rules,
• an affirmative vote to lay an item on, or take an item from, the table,
• or a vote electing to office one who is present and does not decline.
Such motion for reconsideration can only be made by a member of the prevailing side on the
original action. A motion to reconsider must be made no later than the neat succeeding regular
Council meeting. A motion to reconsider is debatable only if the action being reconsidered is
debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table
anew at the next regular Council meeting for any action the Council deems advisable. Any
motion for reconsideration of a matter which was the subject of a required public hearing or
which is a quasi-judicial matter may not be discussed or acted upon unless and until the parties or
their attorneys and the persons testifying have been given at least five (5) days advance notice of
such discussion and/or action.
3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances and Resolutions and
Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in
the manner described on the flow chart attached hereto as Exhibit A-4, and by this reference
incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such
documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to
include the most recent revision.
(a) PROPOSED D12A_Fi'S shall contain the date and name of the group or individual
originating or sponsoring the proposal prior to the first presentation to the City Council.
Proposed drams may be initiated by individual Councilmembers, the City Manager,
Citizens or by Boards, Commissions or other task groups.
(b) COUNCIL DRAFTS shall be documents or proposals which have been presented in
open session and voted by the City Council for further consideration.
3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought
before the City Council on matters not on a Council agenda, the Presiding Officer shall, in
consultation with the City Manager, first detennine whether the issue is legislative or
administrative in nature and then:
(a) If legislative, and a complaint is about the language or intent of legislative acts or
suggestions for changes to such acts, and if the Council finds such complaint suggests a
change to an ordinance or resolution of the City, the Presiding Officer may refer the
matter to a committee, administration, or the Council-of-the-Whole for study and
recommendation.
(b) If administrative, and a complaint regards administrative staff performance, execution of
legislative policy or administrative policy within the authority of the City Manager, the
Presiding Officer should then refer the complaint directly to the City Manager for review,
if said complaint has not been so reviewed. The City Council may direct that the City
Manager brief the Council when the City Manager's response is made.
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3.13 Photographs, motion pictures or video tape requiring artificial illumination - Prior
Permission Required. \To overhead projection, photographs, motion pictures, or video tapes
that require the use of floodlights, or similar artificial illumination shall be used by the public at
City Council meetings without the prior consent of the Presiding Ofcer or the City Manager.
End of Article 3 - Council Procedures
ARTICLE 4 - COWN-111TEES, HOARDS etc COADUSSiONS
4.01 Committees.
(a) All stranding Committees, Boards, and Commissions which are required by state law shall
be appointed by the Mayor with confirmation by the Council.
(b) All other Council Committees, Citizen Task Force groups and rules or operating
procedures thereof shall be established by Council Directive with special attention to
RCW 35A.13.120, and after consultation with the City Manager. Such committees shall
be commissioned for a time certain, not to exceed two (2) years or the term of the
appointing Mayor, whichever is less and provided with a clear task description and
"sunset" provision. Appointment shall be by the Mayor. Council may waive
confirmation in the instrument creating said committee or group. Such Committees shall
be subject to review, whenever a new Council is seated following elections, so as to
determine whether the committee and its functions continue to be appropriate and
necessary. Members of any Committee, Board or Commission which have been
appointed or confirmed by the Council, may be removed without cause by a majority
vote of the Council. A copy of the motion(s), or as hereafter amended, establishing
committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit
A-5. (See the attached related charts Exhibits A-6 (1) (2) & A-7.)
(c) Other special ad hoe committees and Council liaisons for a particular purpose may be
appointed by the Mayor, without conf`umnation of Council for a time certain, not to exceed
the terra of the appointing Mayor, along with a clear task description and "sunset"
provision.
(d) Committees, liaisons and citizen taskforce groups shall be given an opportunity to make a
recommendation, when appropriate, on proposed ordinances, resolutions and motions
within their area of responsibility or interest, before action is taken by the Council. The
appropriate spokesperson shall present the recommendation(s) during discussion of that
business item on a Council agenda.
(e) Council member(s) may be designated by the City Council to take the lead on particular
significant issues and to provide an appropriate feedback of information to Courted, in
order to gain corporate approval and coordination of corporate efforts. No
Councilmember may speak for the Council unless Council has designated that person as
time lead on that particular issue.
(f) No Advisory Board or Commission shall take any final action outside of an open public
meeting.
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4.02 Council Relations with Boards, Commissions and Council Citiren Advisory.
All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane
Valley shall provide the Council with copies of minutes of all meetings. Communications from
such boards, commissions and bodies to the City Council shall be acknowledged by the Council.
Any member of the Council may also bring such communication to the Presiding Officer's
attention under the agenda item "Committee, Board and Liaison Reports." Should any member
of the Council determine that any such communication be officially answered by the Council, the
Presiding Officer shall place the matter on dtc agenda under New Business for the current
meeting or any subsequent meeting.
.End ofArticle 4 - Committees, Boards & Commissions
ARTIC ..E 5 - RELATIONS WITH CITY MANAGER & ADMINISTRATION
. 5.01 Role of the City Manager. The City Manager is the chief administrative officer of the City of
Spokane Valley. The Manager is directly accountable to the City Council for the execution of the
City Council's policy directives, and for the administration and management of all City
departments. The powers and duties of the City Manager are defimed by Washington law, RCW
35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City
Manager's accountability to the City Council for policy implementation is the need for the
Council to allow the City Manager to perform legally defined duties and responsibilities without
interference by the City Council in the day-to-day management decisions of the City Manager.
5.02 Administrative Interference by Councilmembers. Neither the Council nor any of its
l \ committees or members shall direct or request the appointment of any person to, or his/her
removal from, any office by the City Manager or any of his/her subordinates. Except for the
purpose of inquiry, the Council and its members shall deal with the administrative branch solely
through the City Manager and neither the Council nor any committee or member thereof shall
give any orders to any subordinate of the City Manager, either publicly or privately; provided,
however, that nothing herein shall be construed to prohibit the Council, while in open session,
from fully and freely discussing with the City Manager anything pertaining to appointments and
removals of City officers and employees and City affairs. (RCW 35A.13.120.)
5.02.1 Informal Communications Encouraged. The above requirement of RCW is not to be
construed as to prevent informal communications with City star that do not involve
orders, direction, or are meant to influence actions or administrative policy. Members of
the Council are encouraged to interact informally and casually with City staff' for the
purpose of gathering information, obtaining explanations of policies and programs or
providing incidental information to staff' relevant to their assignment. Such informal
contacts can serve to promote better understanding of specific City ftmctions and
problems. However, Councilmembers must be careful in such interaction to avoid giving
direction or advice to mernbem of City staff. While maintaining open lines of
communication, City staff responding to information requests from Councilmembers will
inform their supervisor of such contact and provide the supervisor with the same
information shared with the Councilmember.
5.03 Administrative Complaints Made Directly to IndiAdual Councilmembers. When
administrative policy or administrative performance complaints are: made directly to individual
i Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for
review and/or action. The individual Councilmember may request to be informed of the action or
response made to the complaint. However,-the City Manager shall not be required to divulge
Governance Manual 17
Draft for Review Only
information he/she deems confidential, in conformity with applicable statutes, ordinances,
regulations, policies or practices.
5.04 Administrative Complaints - "Best Practice." - Although citizens' direct access to elected
officials is to be encouraged to help develop public policy, City Councilmembers should not
develop a "personal intervention" pattern in minor calls for service or administrative appeals
which may actually delay a timely customer service response. The best policy is to get the citizen
into direct contact with customer service unless an unsatisfactory result has occurred. In that case
refer to Section 5.03 above.
End of Article S - Relations with City Manager & Administration
ARTICLE 6 - PUBLIC WARCNG PROCEDURES
6.00 There are two types of public hearings, legislative and quasi-judicial:
(a) Legislative public hearing are hearings held to obtain public input on legislative decisions on
matters of policy. Legislative public hearings are required by state law when a city or county
addresses such matters as comprehensive land use plans, or the annual or biennial budget. They
are generally less formal than quasi-judicial public hearings. They do not involve the legal rights
of specific, private parties in a contested setting, but rather affect a wider range of citizens or
perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such
hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if
they are constitutional or violate state law. For example, a court will not review whether the
basic budgetary decisions made by a city were correctly made.
(b) Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions
made as a result of such hearings must be based upon and supported by the "record" developed at
the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than
legislative hearings. Most quasi-judicial hearings held by local government bodies involve land
use matters, including site specific rezones, preliminary plats, variances, and conditional uses.
(MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant
August 1998)
6.01 Legislative Public Hearings:
(a) State statutes do not specify how public hearings should be conducted. Because legislative
hearings are generally informal, the main concern is to provide an opportunity for all attending
members of the public to speak if they so desire. Time limits should be placed on individual
comments if many people are intending to speak, and the public should be advised that comments
must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be
stated by the presiding official at the beginning of the hearing.
(b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer
announces the following Rules of Order:
1. All public comments shall be made from the speaker's rostrum, and any individual
making comments shall first give their name and address. This is required because an
official recorded transcript of the public hearing is being made.
Governance Manual 18
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2. No comments shall be made from any other location, and anyone making "out of
order" comments shall be subject to removal from the meeting.
3. Unless otherwise determined by the Presiding Officer, all comments by the public
shall be limited to three minutes.
4 There will be no demonstrations, applause or other audience participation, before,
during or at the conclusion of anyone's presentation. Such expressions are disruptive and
take time away from the speakers.
5. These rules are intended to promote an orderly system of holding a public hearing, to
give persons an opportunity to be heard and to ensure that individuals are not
embarrassed by exercising their right of free speech.
c. The Presiding officer declares the public hearing on (topic) open and asks staff
to make their presentation.
d. After staff presentations, the Presiding Officer calls for public testimony.
e. The presiding officer asks if any members of Council have questions of any of the speakers or
staff. If any Councilmember has questions, the appropriate individual will be recalled to the
podium.
f. The presiding officer declares the public hearing closed.
6.02 Quasi-Judicial Public Hearings:
1. Specifie Statutory Provisions.
a. Candidates for the City Council may express their opinions about pending or proposed quasi judicial
actions while campaigning, R.CW 42.36.040, except that sitting Councilmembers shall not express their
opinions on any such matter which is or may come before the Council.
b. A candidate for the City Council who complies with all provisions of applicable public disclosure and
ethics laws shall not be limited under the Appearance of Fairness Doctrine from accepting campaign
contributions to finance the campaign, including outstanding debts. (RCW 42.36.050)
c. rx Parte communications should be avoided whenever possible. During the pendency of any
quasi-judicial proceeding, no Councilmember may engage in ex pane communications with proponents
or opponents about a proposal involved in the pending proceeding, unless the Councilmember: (1) places
on the record the substance of such oral or written communications; and (2) provided that a public
announcement of the content of the communication and of the parties' right to rebut the substance of the
communication shall be made at each hearing where action is taken or considered on the subject. This
does not prohibit correspondence between a citizen and his or her elected official if the correspondence is
made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW
42.36.060)
d. Public Disclosure file. ' The City Clerk shall maintain a public disclosure file, which shall be available
for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms
filed with the Washington State Public Disclosure Commission.
Governance Manual 19
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c. Procedure On Application. Any person making application for any action leading to a quasi-judicial
hearing before the Planning Commission and City Council shall be provided with a document containing -
the following information: (1) the names and address of all members of the City Council, and the
Planning Commission, (2) a statement that public disclosure information is available for public inspection
regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any
appearance of fairness issue, the applicant should do so at least two (2) weeks prior to any public hearing,
if the grounds for such issue are then known and in all cases, no later than before the opening of the
public hearing. The applicant shall sign a receipt for such document.
2. Actions/Procedures for a Quasi-Judicial Public Hearing.
a. Prior to the start of the public hearing, the Presiding Officer may require that all persons wishing to be
heard shall sign in with the City Clerk, giving their names and addresses, and whether they wish to speak
as proponent, opponent; or otherwise. Any person who fails to sign in shall not be permitted to speak
until all those who signed in have done so. Persons who have signed in and wish to be heard shall be
given an opportunity to be heard. However, the Presiding Officer shall be authorized to establish speaker
time limits and otherwise control presentations to avoid repetition. The Presiding Officer, subject to
concurrence of the majority of the Council, may establish time limits and otherwise control presentations.
The Presiding Officer may change the order of speakers so that testimony is heard in the most logical
groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.)
b. The Presiding Officer introduces the agenda item, opens the public hearing, and announces the
following Rules of Order:
1. All comments by proponents, opponents, or the public shall be made from the speaker's
rostrum, and any individual making comments shall first give his/her name and address.
This is required because an official recorded transcript of the public hearing is being
made. If there is any appeal, the court must make its decision on the basis of what was
said at the public hearing.
2. It is not necessary to be a proponent or opponent in order to speak. If you consider
yourself neither a proponent nor opponent, please speak during the proponent portion and
identify yourself as neither a proponent nor an opponent.
3. No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting.
4. There will be no demonstrations, applause or other audience participation before, during
or at the conclusion of anyone's presentation. 'rho Council is not allowed to consider
such expressions and it takes time away from the speakers.
5. These rules are intended to promote an orderly system of holding a public hearing, to
give persons an opportunity to be heard and to ensure that individuals are not
embarrassed by exercising their right of free speech.
3. Public Hearing Format:
1. The Presiding Officer will customarily call for proponents in quasi-judicial proceedings and for
speakers in non-quasi-Judicial proceedings. When considering a site-specific Comprehensive Plan and
zoning amendment or zoning reclassification, the Presiding Officer shall announce:
"Site plans, artistic renditions, and the like in support of a zoning amendment should be avoided ,
except as they help explain the terms of any proposed or anticipated conditions for approval. Any
graphic representations should be used for illustrative purposes only, and the administration or City
Governance Manual . 20
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Council should avoid indicating approval or disapproval of such plans. Such evidence shall remain
~a part of the record." -
2. The proponents or speakers now speak. (Note: if the City of Spokane Valley is the proponent, a
member or members of the administration shall be designated to give proponent and rebuttal testimony.)
3. The Presiding Officer calls for additional proponents or speakers.
4. The Presiding Officer calls for opponents by announcing the following:
"At this time the opponents and persons who do not claim to be either a proponent or an opponent
will have an opportunity to speak. Should any opponent have questions to ask of the proponents,
ask the questions during your presentation. The proponents shall note the question asked, and
answer such questions when the proponent speaks in rebuttal. The proponent shall be required to
answer any reasonable question, provided that the Presiding Officer reserves the right to rule any
question out of order."
5. Opponents speak.
6. The Presiding Officer calls for additional opponents up to three (3) times.
7. The Presiding Officer calls for proponents to speak in rebuttal. A proponent speaking in rebuttal shall
not introduce new materials. If the proponent does, or is allowed to do so, the opponents shall also be
allowed to rebut the new elements.
8. The Presiding Officer announces the following:
"At this time I will inquire of the administration whether the administration wishes to introduce
any testimony as to subjects raised by the proponents or opponents, or alter in any regard its
initial recommendations."
9. The Presiding Officer inquires as to whether Councilmembers have any questions to ask the
proponents, opponents, speakers, or administration. If any Councilmember has questions, the appropriate
individual will be recalled to the podium. The Presiding Officer may also permit questions by
Councilmembers of any witness at the conclusion of their testimony. Questions of witnesses submitted
by proponents or opponents may be asked by the Presiding Officer of such witnesses if deemed relevant.
10. The Presiding Officer closes the public hearing. Additional testimony may not be requested or
considered after the closing of the public hearing unless the Presiding Officer declares the record open
until a date certain for the purpose of receiving written testimony, such as a legal brief_ on a subject(s)
specified by the Presiding Officer.
11. The Presiding Officer inquires i-f there is a motion by any Councilmember. If a motion is made, it
shall be in the form of an affirmative motion. Following the motion and its second, discussion occurs
among Councilmembers. The Presiding Officer may call on individual Councilmembers in the
discussion. The counci.lmember who makes the motion can't speak against his or her own motion;
although he or she can vote against it. The person who seconds the motion, however, can speak against
the motion because a second means "Let's discuss it," not "I agree."'
12. The Presiding Officer inquires if there is any further discussion by the Councilmembers.
Governance Manual 21
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13. The Presiding Officer inquires if there are any final comments or recommendations from
administration.
14. The Presiding Officer inquires of the Councilmembcrs as to whether they are ready for the question.
15. The City Clerk shall conduct a roll call vote.
16. The Presiding Officer may direct the administration to prepare findings. The findings may be
approved the same night, if ready, or may be placed on the agenda of the next regular meeting.
4. Appearance of Fairness Doctrine.
a. In short, when the law which calls for public bearings gives the public not only the right to attend, but
the right to be heard as well, the hearings must not only be fair but must al)l)ear to be so. It is a situation
where appearances are quite is important as substance." Smith vs. Skagit County, 75 Wn.2d 715 (1969).
"The test of whether the appearance of fairness doctrine has been violated is as follows: Would a
disinterested person, having been apprised of the totality of a board member's personal interest in a matter
being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the
affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs.
Island County, 87 Wn.2d 348 (1976).
b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply
only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined
as actions of the City Council which determine the legal rights, duties, or privileges of specific parties in a
hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions
adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use
planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning
amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010). Street vacations are
typically legislative actions, unless clearly tied to, and integrated into, a site-specific development
proposal which is quasi-judicial in nature.
c. Obligations of Councilmembers - Procedure.
1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is
hereby encouraged. Councilmembcrs should recognize that the Appearance of Fairness Doctrine
does not require establishment of a conflict of interest, but whether there is an appearance of
conflict of interest to the average person. - This may involve the Councilmember or a
Councilmember's business associate, or a member of the Councib:nember's immediate family. It
could involve ex parte (outside the hearing) communications, ownership of property in the
vicinity, business dealings with the proponents or opponents before or after the hearing, business
dealings of the Councilmember's employer with the proponents or opponents, announced
predisposition, and the like. Prior to any quasi-judicial hearing, each councilmember should give
consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If
the answer is in the affirmative, no matter how remote, the Councilmember should disclose such
facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential
violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate
such opinion to the Councilmember and to the Presiding Officer.
2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of
a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis
for disqualification is made known, or reasonably should have been made known, prior to the
issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to invalidate -
the decision. The party seeking to disqualify the Councilmember shall state with specificity the
basis for disqualification; for example: demonstrated bias or prejudice for or against a party to
Governance Manual 22
Draft for Review Only
_ the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue
l
prior to hearing the facts on the record, or ex pane contact. Should such challenge be made prior
to the hearing, the City Manager shall direct the City-Attorney to interview the Council-member
and render an opinion as to the likelihood that an Appearance of Fairness violation would be
sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial
hearing, the Councilmember shall either rccuse him/herself or the Presiding Officer shall call a
recess to permit the City Attorney to make such interview and render such opinion.
3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself
on the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmembers
believe that an Appearance of Fairness violation exists, such individuals may move to request a
Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In
arriving at this decision, the Presiding Officer or other Council members shall give due regard to
the opinion of the City Attorney.
d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presiding
Officer (or in the case of a potential violation by that individual, the Mayor Pro 'rem) will ask if any
Councilmember knows of any reason which would require such member to excuse themselves pursuant to
the Appearance of Fairness Doctrine. The form of the announcement is as follows:
All Councilmembers should now give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect monetary interest in the outcome of the proceedings;
- ' 3. A prejudgment of the issue prior to hearing the facts on the record; or
4. Had ex pane contact with any individual, excluding administrative staff, with regard to an
issue prior to the hearing. If any Councilmember should answer in the affirmative, then the
Councilmembers should state the reason for his/her answer at this time, so that the Chair may
inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists.
603. Site-Specific Comprehensive Plan and Zoning Amendments ("Rezones"). The following are
general concepts and not intended to add to or change applicable statutes or ordinances or to be
considered a land use control. Under Washington's Growth Management Act, Chapter 36.70A
RCW, as implemented by Spokane Valley, site-specific rezone requests (initiated by property
owners or developers) are processed not more frequently than once each year, concurrently with
the Comprehensive Plan amendment process. This assures that all rezones are consistent with the
overarching purposes and intent of the Growth Management Act and the City's Comprehensive
Plan. All zoning must be consistent with, and implement the Comprehensive Plan. To that end,
at the outset of each public hearing or meeting to consider a zoning amendment or zoning
reclassification, the Presiding Officer or City Attorney will announce the legal standards for
Comprehensive Plan and zoning amendments and ask the parties to limit their presentations to
information within the scope of the standards. The form of the announcement is as follows:
The following are general concepts regarding Comprehensive Plan and zoning amendments under
the law of the State of Washington:
l
1. The current zoning is presumed valid.
Governance Manual 23
Draft for .Review Only
I The burden of proof is on the applicant for the site-specific Comprehensive Plan and zoning
amendment to establish by proof in sufficient measure that the following requirements have been
satisfied, In making its decision, the City Council will consider the recommendations made by
the Planning ornrnissiun and the record developed before the Plaming Commission.
Requirements (a), (b), and (c) suited below shall be `°considered" and weighed by the Council.
The Council must aff nnatively find that the applicant has satisfied requirements (d) through (k):
(a) Whether circumstances relayed to the proposed amendment and/or the area in which it
is located have substantially changed since the adoption of the Spokane Valley
Comprehensive Plan;
(b) Whether the assumptions upon which the Spokane Valley Comprehensive Plan is
based are no longer valid, or whether new information is available which was not
considered during the adoption process or any annual amendments of the Spokane Valley
Comprehensive Plan;
(c) Whether the proposed amendmopit reflects current widely he] d community values;
(d) The proposed amendment meets coneurrcnoy requirements for transportation, sewer,
and water, and does not adversely affect adopted level of service standards for other
public facilities and services, such as police, fire and emergency medical services, park
services, and gmeral government services;
(e) TIhc proposed amendment is consistent with the goals, policies and objectives of the
various elements of the Spokane Valley Comprehensive Plan,
(t The proposed amendment wi11 not result in probable significant adverse impacts to the
city°s transportation network, capital facilities, utilities, parks, and environmental features
that cannot be mitigated, and will not place uncompensated burdens upon existing or
pIalined service capabilities;
(g) In the ease of an amendment to the land use rnap, the subject parceks are physically
suitable for the requested ]and use designation and the anticipated land use development,
including buf not limited to accciss, provision of utilities and compatibility with existing
and planned surrounding land uses;
(h) The proposed amendment will not create a pressure to change the land use
designation of other properties, unless the change of land use designation for other
}properties is in the long-terns interests of the community in general;
(i) The proposed action does not materially affect the land use and growth projections
which are the basis of the Comprehensive Plan;
0) The proposed action does not inatcrially affect the adequacy or availability of urban
facilities and services to the immediate area and the overall area of the city; and
(k) The proposed amendment is consistent with the , the adopted county-wide
planning policy of Spokane County, any other applicable interjurisdictional policies or
agreements, and any other state or local laws.
3. The facts in support of the application may conic from any source; either the applicant, the
administTation, or the pubic" The important consideration is that the decision must be made on
overuaace Manual 24
:Draft for Review Only
the basis of information provided to the Planning commission and to the City Council at this
public hearing or any continued public hearing. All evidence, such as photographs, letters, charts,
maps, slides, computer presentations or other evidence must remain in the record in a form which
can be reviewed on any appeal. For example, a print out of a computer slide show may be
submitted. Any exhibit not remaining in the record will not be considered.
End ofArlicle 6 - Public Hearing Procedures
ARTICLE 7 - USE OF RULES
7.01. Purpose. These City Council Rules of Procedure are desiglned to provide guidance for the City
Council. They are not to be considered restrictions or expansions of City Council authority.
These rules have been prepared from review of many statutes, ordinances, court cases and other
sources but they are not intended to be an amendment or substitute for those statutes, ordinances,
court decisions or other authority.
7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with
these rules, but which is otherwise lawful, shall invalidate such Council.member's or Council
action or be deemed a violation of oath of office, misfeasance or malfeasance. No authority other
than the City Council may enforce these rules or rely on these rules. Failure of the City Council
to follow any of these rules shall be considered a Council decision to waive such rule. No notice
of such waiver need be given.
7.03 Public Use or Reliance Not Intended. Because these riles are designed to assist the City Council
and not to provide substantive rules affecting constituents, it is expressly stated that these rules do
not constitute land use regulations, official controls, "appearance of fairness rules," public
hearing rules or other substantive rules binding upon or to be used by or relied upon by members
of the public. These rules do not amend statutory or other regulatory (such as ordinance)
requirements.
End of Article 7 - Use of Rule
Governance Manual 25
EXHIBIT A-1
Approved by Council May 13, 2003
MEMORA" UM
DATE: APRIL , 200_
TO: CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: EMERGENCY TELEPHONE TREE FOR SPOKANE VALLEY GOVERNMENT
Sometimes an important happening occurs in the City where Councilmembers should be briefed:
For example:
Major News! Accident, Disaster, Major Utility Failure!
Storm Damage
Major Police Problem
Civil Emergency
A pre-arranged "telephone tree" informs the entire Council of important happenings in the
shortest possible time. An informed Councilmember can avoid embarrassment when asked by a
citizen about a major event even when it does not involve the Council in any direct way.
The telephone tree for timely briefings of major emergency news is shown on the attached sheet.
The Mayor should assign the tree according to availability of the members.
Governance Coordination Manual 26
MO-(BIT A-2
Approved by Cuuned May 13.2A0
COUNCIL MEMBER
NAME
PHONE (WORK)
Telephone, Tree for Int COUNCIL MEMBER
Council / Manager Government PHONE (HOM1~)
NAM E
CELLULAR
First Call by Mayor RHONE (WORK)
or City Manager PHONE (HOME)
COUNCIL MEMBER
MAYOR OR CITY MANAGER CELLULAR NAME
NAME PHONE (WORK)
PHONE (WORK) PHONE (HOME)
PHONE (HOME) CELLULAR
CELLULAR
COUNCIL MEMBER
NAM E
PHONE (WORK) NAME
PHONE (HOME) PHONE (WORK)
CELLULAR 2nd COUNCIL MEMBER PHONE(HOME)
CELLULAR
NAME
RHONE (WORK)
COUNCIL MEMBER
PHONE (HOME)
NAME
CELLULAR
PHONE (WORK)
PHONE (HOME)
CELLULAR
V
EXHIBIT A-3
Approved by Council May 13, 2003 ,
PARLIAMENTARY PROCEDURE AT A GLANCE
May you Must be Is motion Vote
To do this: You say this: interrupt seconded debatable required
speaker? ? ?
Introduce business "I move that NO YES YES MAJORITY
Amend a motion "I move to amend this motion" NO YES YES MAJORITY
Request information "Point of information" YES NO NO NO VOTE
Suspend further discussion "I move we table it" NO YES NO MAJORITY
End debate and bring matter to "I move the previous question
an immediate vote " NO YES NO MAJORITY
Postpone discussion "I move we postpone this matter
until..." NO YES YES MAJORITY
Have something further studied "I move we refer
by a committee NO YES YES MAJORITY
Ask for a vote count to verify a "I call for a division of the
voice vote house" NO NO NO NO VOTE
Object to considering some "I object to consideration of
matter this" YES NO NO MAJORITY
Tale up a matter previously "I move to take from the table
tabled NO YES NO MAJORITY
Reconsider something already "I move we reconsider action on
disposed of YES YES YES MAJORITY
Consider something in "I move we suspend the rules
unscheduled order and..." NO YES NO MAJORITY
Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY
Object to procedure or personal "Point of order"
affront--chair decides YES NO NO NO VOTE
Complain about noise, room "Point of privilege"
temperature, etc. YES NO NO NO VOTE
Recess the meeting "I move that we recess until NO YES NO MAJORITY
Adjourn (tic meeting "I move that we adjourn" NO YES NO MAJORITI;
Govemance Coordination Manual 28
EXHIBIT A-4
Approved May 13, 2003
LEGISLATIVE PROCESS FLOW CHART
City Council Citizens
City Manaber (proposed draft)
(proposed draft)
Administration study
draft Council Study Session
draft (Council draft or summary) Initiative filed
(proposed ) it rtWEc°°ED
(only for matters subject to
initiative in accordance with
Washington law)
City Council 1st reading
Public meeting
(Council draft:) Election held
City Council 2nd reading
ordinances
(Council ordinance) if approved by voters,
ordinance prepared
ADOPTED POLICY / LAW OF THE CITY
N
~O
EXHIBIT A-5
Approved by Council May 13, 2003
1. Standing Committees or Commissions required by law shall be appointed by Mayor for a time certain
not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council:
Finance 3 members
Planning Commission - 7 members
Lodging Tax Advisory Committee 5 members.
Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the
bills/payroll and warrant procedures required by state law, unless specifically charged by the City Council.
Committee meetings (when held) should be open to the public, including the media, unless discussing matters which
would qualify for an executive session if discussed within the whole Council. All Council Committee meetings
shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested
by the City Manager. Legislative policy considerations should be brought to the Council-of-the-Whole, unless
referred to a committee for pre-study.
The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the
purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task
and a method of "sunsetting"the committee at the conclusion of the assigned task.
2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council for a time
certain not to exceed the term of the appointing Mayor.
3. Liaison Procedures. Individual members of the Council may be assigned as liaisons whose duties involve
keeping current with a group or activity by either attendance when the group or activity takes place or
communication with appropriate leaders so the liaison Councihmember can keep Council informed. Liaisons may, at
times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid
an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances
where such possibilities may exist (ie: Planning Commission quasi-judicial). Liaisons functions and duties may be
further defined and/or directed by the Presiding Officer with concurrence of Council.
4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to,
small Task Force Groups for the purpose of examining issues and making recotrunendions important to the City
Council but not requiring the more fornnalized process stated in (5) below. In all cases, the instrument appointing a
Task force shall prescribe a time certain for the work of the Task Force, contain a clear task assignment and a
method of"sunsetting" the group upon completion of the task.
5. Task Force/Public Forum Steering Group for Public Issues of high interest/high impact. Upon
motion of the City Council, a Councilmember may be appointed by the Mayor as a liaison leader to organize a
steering group to strategize a particular comuntmity subject or issue. The steering group shall consist of two
Cotmcilmembers and one representative of City Administration. The Councihnembers shall be appointed by the
Mayor and the technical support shall be appointed by the City Manager. Such appointments shall identify the
task(s) and a method of determining how the group shall "sunset" when the task is completed. The steering
group shall serve as a collection point for information and activity pertaining to the task or issue assigned. Various
City representation roles and Council liaisons may be involved in bringing information together on the task or issue.
The steering group liaison informs Council of the group's activity at Council meetings (when appropriate). A task
force group may then be created by Council motion (directive) to function according to the model attached as
Exhibit A6(1).
6. Task Force/Public Forum Procedures. When major public policy development warrants, and after
adequate preparation of issues and alternatives, the steering group may conduct larger citizen forums to help
develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented to the
Governance Coordination Manual 30
City Council prior to the customary City Council deliberations (i.e., agenda actions, public hearings, etc.) which
could normally result in final action. The procedures are further illustrated in Exhibit A6(1) attached.
The City Manager may also appoint such ad hoc or special projects administrative advisory task groups as he or
she may deem necessary to assist City administrative activity. Such appointments shall identify the task(s) and a
method of determining how the group shall "sunset" when the task is completed.
7. Citizens Task Force Steering Procedures. When the nature of a major issue indicates a need for
increased citizen involvement or expertise at the steering level of a task force, the Council may, by legislative
directive, commission a Citizens Task Force Steering Group consisting of one (1) councilmember, one (1)
qualified citizen, and the City Manager. The Citizens Task Force shall function in a manner similar to the Task
Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit A7,
attached.
8. Multi-Agency Coordinating Task Force Steering Procedures. When a major public/private effort
involves key agencies outside of City Government but vital to community coordination, the Council may create by
legislative directive, an appropriately named (Multi-Agency) Coordinating Task Force Steering Group.
Membership shall consist of one (1) councilmember, the City Manager, one (1) representative from each City Board
or Commission key to the issue or project and one (1) member from each private, non-profit agency with key
interest or resources vital to the issue or project.
Each agency shall appoint one (1) member to serve on the Steering Group and one (1) member to serve as alternate.
Except for the first organizational start-up meeting, alternates shall not attend Steering Group meetings. Steering
Group members shall function in a manner similar to the task force procedures described ni Sections 4, 5, and 6
above. The procedures are further illustrated in Exhibit A6(2) attached.
9. General Town 1- lall[Neighborhood Meetings. The public should be encouraged to attend regular and
special City Council meetings to participate in their government. The City Council Rules of Procedure are designed
J to facilitate an open atmosphere for citizen participation. However, any two (2), but not more than three (3),
members of the City Council may desire to convene a citizens' town hall/neighborhood meeting or series of
meetings for the purpose of providing a general forum on city operations. Such to%vn hall meetings shall, when
convened; provide information pertaining to any known issues as well as opporthutity for citizens to express their
views on any subject. The Councilmembers may request that the City Manager or his/her designee attend these
meetings to answer questions on administrative matters. Although not official council meetings, members of the
City Cowicil shall report issues to the City Council. Councilmembers should avoid discussion or receiving
testimony which pertains or may pertain to potential lawsuits, land use issues, or other quasi-judicial proceedings
which might later come before the Council.
f
Governance Coordination Manual 31
EXHIBIT A-6(1)
TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL City Council Final Public Input
Meetings Forum
Formal agenda
Liaison Role discussion, public
Councilmcmber information & two Public Process comment, public
hearings, etc.
way communication
Citizen Input Path
Tasic Force Report to Council by
Steering steering group
2 Council (appointed by
tMayor)
Public Process Role
City Manager • Open Subject Town Hall Meetings Task Force Public
Forums*
(Technical Support) Citizen Issue
Appointed by CM Information coordinated L 'Public Forums Consensus
by steering group - Forums
reports to Council by *Town Hall Meetings presentation,
liaison or directly to Flcarings, etc. group
Rep ncilmcmbcr, public tusk force forums discussions,
Rols les b by y Coouncilmcmbe - identify issues,
Staff develop
'Can be an appointed core group with consensus
general public forum or closed group,
depending on issues
MOTION "To Approve the Task Force/Town
Hall General Model Herein Contained and
Incorporated as Exhibit A6(1) of the City of
Regional Groups Technical Groups & Local Interest Groups Spokane Valley Council Rules of Procedure."
Organizations & Organizations
w
N
EXHIBIT A-6(2)
MULTI-AGENCY COORDINATING TASK FORCE MODEL
City Council Final Public Input
Meetings Forum
Liaison Role Formal agenda
Councilmernber/City &lanagcr& two discussion, public
way communication Public Process comment, public
-Non City hearings, etc.
Agency/Group Two way
-Non City
Agency/Group
Paste Force Input
Task Force City Board or Path
Steering Group Commission Report to Council by
Stccrula aroun
I -Councilmember
I-City Manager Comp. Plan
1-City board or Review
Conunission • Town Hall Meetings
1-Non City Agency/Group
1=Non City Agency/Group Tasl: Force Public
(Each agency appoints its Forams
information coordinated Citizen Issue
own rep) by steering group - *Open House Forums Consensus *Town Hall Meetings Forums
I __j reports to Agency by * Presentation,
liaison or directly to Club Programs Info group
Rep resentation/Coorcl in ation
Roles by Steering Group _ public task force fortims discussions,
identify issues,
Members develop
*Can be an appointed core group with consensus
general public forum or closed group,
depending on issues
MOTION "To Approve the Multi-Agency
Coordinating Task Force General Model
Plan Community ' Gather Information Chart Rerein Contained and Incorporated as
Information and *Technical Groups & Local Interest Groups Exhibit A6(2) of the City of Spokane Valley
Involvement Strategies Organizations & Organizations Governance Coordination Rules of
Service Clubs, etc. Procedure."
w
w
EXHIBIT A-7
Motion "To Approve the Citizens' Task Force General Model Chart Herein Contained and Incorporated
as Exhibit A7 of the City of Spokane Valley Council Rules of Procedure."
CITIZENS TASK FORCE Ualson Role City Council Final Public Input Forum
GENERAL MODEL coun1mernberof Gtizon, Meetings Formal agenda discussion, publio-
lntbrmation a nvo way
Communication comment, public hearings, etc.
Public Process
Task Force Steering
1 Council - (appointed
by mayor)
Citizen Input Path
Report to Council by steering group
1 Citizen -
Citizen Input (appointed by Mayor,
Qualified approved by Council)
non-city
official appointee Public Process - -
Public Forums
Community Consensus Role
1 Staff - Citizen Issue Consensus Forums
(appointed by City * Task Force Presentation, group discussions, -
Manager) Town Hall Meetings identify issues, develop consensus
Information coordinated by Others
(Technical Support) steering group - reports to _
Council by liaison or directly
to public task force forums
-Representation / Coordination Roles
by Councilmembcr, Citizen or Staff
Local Interest
Technical Groups Groups
Regional Groups g Organizations
& Organizations
w
Chapter 35A.13 RCW
= Council-manager plan of government
Chapter Listing
RCW Sections
35A,13,010 City officers Size of council.
35A.13.020 Election of councilmen - Eligibility Terms - Vacancies Forfeiture of office Council chairman.
35A.13.030 Mayor - Election - Chairman to be mayor - Duties.
35A.13.033 Election on proposition to designate person elected to position one as chairman - Subsequent holders of
position one to be chairman.
35A.13.035 Mayor pro tempore or deputy mayor.
35A.13.040 Compensation of councilmen - Expenses.
35A,13,1550 City manager - Qualifications.
35A.13.060 City manager may serve two or more cities.
35A.13.070 City manager Bond and oath.
35A.13.080 City manager - Powers and duties.
35A.13.090 Creation of departments, offices, and employment Compensation.
35A.13.100 City manager - Department heads Authority.
35A.13.110 City manager - Appointment of subordinates - Qualifications - Terms.
35A,11120 City manager - Interference by council members.
35A.13.130 City manager - Removal - Resolution and notice.
35A.13,140 City manager - Removal - Reply and hearing.
35A.13.150 City manager - Substitute.
35A,13,160 Oath and bond of officers.
35A.13.170 Council meetings Quorum - Rules Voting.
35A.13.180 Adoption of codes by reference.
35A.13.190 Ordinances Style Requisites Veto.
35A.13.200 Authentication, recording and publication of ordinances.
35AA3,210 Audit and allowance of demands against city.
35A.13.220 Optional division of city into wards.
35A.13.230 Powers of council.
35A.13.010
City officers - Size of council.
The councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of
government authorized by this chapter, except where statutes provide for an elective municipal judge. The council
shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the
administrative branch of the city government. The city manager shall be responsible to the council for the proper
administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five
hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the
council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city
decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven
member council. If, after a city has become a council-manager code city its population increases to twenty-five
hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven
members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices
in the city. When the population of a council-manager code city having five councilmanic offices increases to five
thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven
members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote.
pursuant to RCW 35A,13.020, appoint two persons to serve in these offices until the next municipal general election,
at which election one person shall be elected for a two-year term and one person shall be elected for a four-year
term. The number of inhabitants shall be determined by the most recent official state or federal census or
determination by the state office of financial management A charter adopted under the provisions of this title,
incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of
councilmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of
- government and which has seven councilmanic offices may establish a five-member council in accordance with the
following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance
providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two
35
councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall
provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of
a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan of government.
[1994 c223 § 35; 1994 c 8l § 72:1987 c 3 § 16; 1985 c106§ 2; 1963 c 126 § 2; 1979 ex.s. C 18 § 24; 1979 c 151 § 34:1967 ex.s. c119 §
35,A.11,010.1
Notes:
Severability -1987 c 3: See note following RCW 3.46.020.
Severability -1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62 RCW.
35A.13.020
Election of councilmen - Eligibility - Terms - Vacancies - Forfeiture of office - Council chairman.
In council-manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering
of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of
office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the
corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the
council of a code city organized under the mayor-council plan, except that in council-manager cities where all council
positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to
council position one shall be the council chairman* and shall carry out the duties prescribed by RCW 35A.13.030.
[1994 c 223 § 36; 1975 1 st ex.s. c 155 § 1; 1967 ex.s. c 119 § 35A.13,020.1
35A.13.030
Mayor - Election - Chairman to be mayor - Duties.
Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their
number unless the chairman is elected pursuant to RCW 35A.13.033. The chairman of the council shall have the title
of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he
shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be
recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall
have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall
take command of the police, maintain law, and enforce order.
11975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 35A.13.030.1
35A.13.033
Election on proposition to designate person elected to position one as chairman - Subsequent holders of
position one to be chairman.
The city council of a council-manager city may by resolution place before the voters of the city, a proposition to
designate the person elected to council position one as the chairman of the council with the powers and duties set
forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent
general elections at which position one is on the ballot, the person who is elected to position one shall become the
chairman upon taking office.
(1975 1st ex.s. c 155 § 3.1
36
35A.13.035
Mayor pro tempore or deputy mayor.
i
Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate
one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the
absence or temporary disability of the mayor, or, in lieu thereof, the council may, as the need may arise, appoint any
qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of
the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint a
councilman pro tempore to serve during the absence or disability.
[1969 ex.s. c 61 § 1.]
Notes:
Effective date --1969 ex.s. c 81: "this 1969 amendatory act shall take effect July 1, 1989." [1969 ex.s. c 81 § 7.]
35A.13.040
Compensation of councilmen - Expenses.
The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time
by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until
the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may
not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished
after the mayor has been chosen by the council.
Until councilmen of a newly-organized council-manager code city may lawfully be paid as provided by salary
ordinance, such councilmen shall be entitled to compensation in the some manner and in the same amount as
councilmen of such city prior to the adoption of this council-manager plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city,
the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants -
twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but
less than fifteen thousand inhabitants a salary of one hundred and fifty dollars per calendar month; in cities having
more than fifteen thousand inhabitants a salary of four hundred dollars per calendar month. A councilman who is
occupying the position of mayor, in addition to his salary as a councilman, shall be entitled, while serving as mayor, to
an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the oouncilmanic salary:
PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and
becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the
usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary
expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per
diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance.
(1979 ex.s. c 18 § 25-,1967 ex.s. c 119 § 35A.13.040.)
Notes:
Severability 1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.050
City manager - Qualifications.
The city manager need not be a resident at the time of his appointment, but shall reside in the code city after his
appointment unless such residence is waived by the council. He shall be chosen by the council solely on the basis of
his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of,
accepted practice in respect to the duties of his office. No person elected to membership on the council shall be
eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he
was elected.
~ ~ [ 1967 exs. c i 19 § 3SA.1 ~.4. S1.J
37
35A.13.060
City manager may serve two or more cities.
Whether the city manager shall devote his full time to the affairs of one code city shall be determined by the council.
A city manager may serve two or more cities in that capacity at the same time.
11967 ex.s. C 119 § 35A.13.050.1
35A.13.070
City manager - Bond and oath.
Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful
performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in
such sum as may be fixed by the council. The premium on such bond shall be paid by the city.
[1967 ex.s. c 119 § 35A.13.070.1
35A.13.080
City manager- Powers and duties.
The powers and duties of the city manager shall be:
(1) To have general supervision over the administrative affairs of the code city;
(2) To appoint and remove at any time all department heads, officers, and employees of the code city, except
members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service:
PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of
a city planning commission, and other advisory citizens' committees, commissions, and boards advisory to the city
council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be
made by the city manager subject to confirmation by the council, for a four year term. The council may cause an audit
to be made of any department or office of the code city government and may select the persons to make it, without
the advice or consent of the city manager;
(3) To attend all meetings of the council at which his attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant
the mayor to maintain law and order in times of emergency:
(5) To recommend for adoption by the council such measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as may be required by that body or as he may deem it
advisable to submit;
(7) To keep the council fully advised of the financial condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW,
and to be responsible for its administration upon adoption;
(9) To perform such other duties as the council may determine by ordinance or resolution.
11957 c 3 § 17; 1967 ex.s. c 119 § 35A.13,080.1
Notes: Severability --1987 c 3: See note following RCW 3.46.020.
38
35A.13.090
Creation of departments, offices, and employment- Compensation.
On recommendation of the city manager or upon its own action, the council may create such departments, offices,
and employments as it may find necessary or advisable and may determine the powers and duties of each
department or office. Compensation of appointive officers and employees may be fixed by ordinance after
recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of
police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make
provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time
basis, or by any reasonable contractual arrangement for such professional services.
11967 ex.s. c 119 § 35A.13.090.]
35A.13.100
City manager - Department heads - Authority.
The city manager may authorize the head of a department or office responsible to him to appoint and remove
subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by
the head of a department or office, except one who holds his position subject to civil service, may be removed by the
manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil
service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the
manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or
court whatsoever.
11967 ex.s. c 119 § 35A. 13.100
35A.13.110
City manager - Appointment of subordinates - Qualifications - Terms.
Appointments made by or under the authority of the city manager shall be on the basis of ability and training or
experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of
any merit system applicable to such city. Residence within the code city shall not be a requirement. All such
appointments shall be without definite term.
11967 ex.s. c 119 § 35A,13.1 , .1
35A.13.120
City manager - Interference by council members.
Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his
removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and
its members shall deal with the administrative service solely through the manager and neither the council nor any
committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately.
The provisions of this section do not prohibit the council, while in open session, from fully and freely discussing with
the city manager anything pertaining to appointments and removals of city officers and employees and city affairs.
11967 ex.s. c 119 § 35A.13.120.1
39
35A.13.130
City manager- Removal - Resolution and notice.
The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At
least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement
in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him
and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the
council by a similar vote may suspend him from duty, but his pay shall continue until his removal becomes effective.
11967 ex.s. c 119 § 35A.13.130.J
35A.13.140
City manager - Removal - Reply and hearing.
The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the
resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon
the thirty-first day from the date of such service, constitute the final resolution removing the manager and his services
shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public
hearing upon the question of the manager's removal and a final resolution removing the manager shall not be
adopted until a public hearing has been had. The action of the council in removing the manager shall be final.
[1967 ex.s. c 119 § 35A.13.140.]
35A.13.150
City manager - Substitute.
The council may designate a qualified administrative officer of the city or town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan, pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the manager.
11967 ex-s. c 119 § 35A.13,150.]
35A.13.160
Oath and bond of officers.
All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized
under this council-manager plan.
(1967 ex.s. c 119 § 35A,13.160.i
35A.13.170
Council meetings - Quorum - Rules - Voting.
All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a
quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized
under this council-manager plan.
[1979 ex.s. c 18 § 26; 1967 ex.s. c 119 § 35A.13.170.]
Notes: Severability -1979 ex.s. c 18: See note following RCW 35A.01.070.
40
35A.13.180
Adoption of codes by reference.
Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140.
[1967 ex-s. c 119§ 35.A,13.180.)
35A.13.190
Ordinances - Style - Requisites - Veto.
The enacting clause of all ordinances shall be as follows: "The city council of the city of do ordain as follows:"
No ordinance shall contain more than one subject and that must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth
the revised ordinance or the amended section or subsection at full length.
No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the protection of public health, public safety, public property
or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or
extend a franchise, or authorize the borrowing of money.
[1967 ex.s. c 119 § 35,.13.190.)
35A.13.200
Authentication, recording and publication of ordinances.
Ordinances of code cities organized under this chapter shall be authenticated, recorded and published as provided in
RCW 35A.12.150 and 35A.12.160.
11967 ex.s. c 119 § 35A.13.2Q4.l
„J
35A.13.210
Audit and allowance of demands against city.
RCW 35A.12.170 shall apply to the audit and allowance of demands against the city.
[1967 ex.s. c 119 § 35A. 13210 1
35A.13.220
Optional division of city into wards.
A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180.
[1987 cx.S. c 119 § 35A.13,2~0.J
35A.13.230
Powers of council.
The council of any code city organized under the council-manager plan provided in this chapter shall have the pourers
and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter
35A.11 RCW, except insofar as such power and authority is vested in the city manager.
[19667 ex.s, c 119 § 35A.13.230.1
~f
41
Exhibit A-9
RESOLUTION NO. 03-027
GENERAL POLICY RESOLUTION OF CORE BELIEFS
A RESOLUTION OF THE NEW CITY OF SPOKANE VALLEY ESTABLISHING A GENERAL POLICY
RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND
COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS
OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD
EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT
WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with
promulgating Ordinances and Resolutions which become the law of the city; and
WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony
with, all other applicable federal and state statutes and regulations; and
WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city
government;
NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the
following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City
Government.
Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their
government to look to the future beyond the present generation and to bring such ideas to public discussion and to
endiance a sense of community identity.
Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the
public's legislative business and that careful observance of a clear set of Governence Coordination rules of
procedure can best enhance public participation and decision making.
Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers
are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial
or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020.
Section 4. We believe in hearing the public view. We affirm that members of the public should be
encouraged to speak and be heard through reasonable rules of procedure when the public business is being
considered, thus giving elected officials the broadest perspectives from which to make decisions.
Section 5. We believe that the City of Spokane Valley's governance should be known as "user friendly," and
that governance practices and general operations should consider how citizens will be served in the most
responsive, effective and courteous manner.
Section G. We believe that the economic and commercial job base of the community should be preserved and
encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and
diverse economic base,
Section 7. We solicit the City Manager's support in conducting the affairs of the city with due regard for:
(a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the
organizational teamwork necessary for effective, responsive and open government.
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(b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for
discussion.
(c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely
response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of
responsibility, integrity, and financial capability of the city, including organizational and job description documents
while pursuing "best practices" in customer service.
(d) Seeking creative ways to contain or impede the rising cast of governmental services, including examination
of private sector alternatives in lieu of governmentally provided services.
(e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas
from its citizens and leaders are not lost and the status of projects can be readily determined.
Passed and approved by the City Council of the City of Spokane Valley at a regular meeting on May 13th,
2003.
Mayor
Attest: Approved as to form:
City Clerk City Attorney
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