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2014, 03-18 Study SessionAGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, March 18, 2014 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT /ACTIVITY GOAL ROLL CALL: 1. Deputy Fire Chief Hail Community Preparedness Discussion /Information 2. Steve Worley Spokane Regional Transportation Discussion /Information Council (SRTC) Call for Projects 3. Mike Jackson, Morgan Resource Allocation for Law Discussion /Information Koudelka Enforcement 4. Cary Driskell Public Records Act Training Discussion /Information 5. Mayor Grafos Advance Agenda Discussion /Information 6. Information Only: (will not be reported or discussed): a. Ecology /Stormwater Grant Information b. School Beacons c. Response to Public Comment: Left -turn Medians d. Response to Public Comment: Gender Identity 7. Mayor Grafos Council Comments Discussion /Information 8. Mike Jackson City Manager Comments Discussion /Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may be made. Study Session Agenda, March 18, 2014 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 18, 2014 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report AGENDA ITEM TITLE: Community Preparedness GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session BACKGROUND: Deputy Fire Chief Hail will give a presentation on Rail Incidents Emergency Preparedness. OPTIONS: RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: ATTACHMENTS: Powerpoint RAIL INCIDENTS EMERGENCY PREPAREDNESS COLLECTIVE GOALS AVOID THE UNTHINKABLE... PREPARE FOR THE WORST.... REACT TO THE REALITY..... No RAIL TRANSPORT EMERGENCIES AN OVERVIEW ❑ Rail Traffic Through the Valley ❑ Commodities Transported By Rail ❑ Potential Emergencies ❑ Impact on Emergency Services & Community ❑ Preparation, Response & Recovery Major RAIL LINES IN SPOKANE VALLEY RNSF a• Union Pacific I - I SaI ell ile • • ArharCreeS Wine. Cellars (ARV - E wollerlry Ave Snkani Park I z X F UWIlrre Dr E Ups -• S r�' `+'Pr p, Varlfes Ferry park ,. g s . / &Sporrs.Camp/ex i�L I i y 3.. I g. ,m om f V � n k t. Lr ¢ „i .. .[Fnrxi+� t ✓ n- j a rig ▪ h WrIIr .Iry Par -- 0 TreTll 4Ye - - L./ , — ■ —` ,� heir. 1 • I /' r J _ is 4 1 i F. I M 1 E 1.111Mq.fok. g' - Soletfahe = •� ' aim. I * Felts i,relrl • z (290 • 5 r. V8114 ]r f LUa••n AVE. F M.sSfe 1 Ay.- z ra _2 E Eli 0.16Way Ave r y E Sra.dvaar 4ve Z G ^ 4 ■ nn — • ▪ • • • F}LFi rrI Fin • E &pia 7're Ave ` rs [ Sprague Pie. , 11, F Apple way liked E 4111 AlY[ °i i___ — 1 ~ If - C �z LS •3 1 r •e, �k\ Ui[honon Fiilis 1'1 3 ...... Niotufar Area r I ~� t 1 ♦l r 1 r V t E MIs Eaon Ave ■ TI:FETi[: E f writ -AY� Ff 1JCird Ave / ■ h?, i • ■ WOO • elMiana Ave e Ave Ave 5000 ft 11m C 9th Arc 1 ♦1 F Funanway Are E �rh Ave ✓ 4 E 1 Oh Ave P1 EISNPJAN S a7 La 6 1▪ = FirDadWay AVE! t - E Sprague Are Q OppvrlunrFr E 24th Ave E eih Ave E BIII Are E 1 Gltl Ave � �alreee E 214h Are � a I 0 w Jet � rl a u L i A,F E Mission Ati- Crc enmc rca F F4r5•.tway Ave F 11 Fague Ave f F SpIa(fJYP AVJP r raa Mn... Inln 7❑ 14 f:nn131.- -- Fr1lt •n r;nnnlc Man NI ;Kg, RAIL TRAFFIC THROUGH THE VALLEY Burlington Northern (BNSF) & Union Pacific (UP) 50 - 6o trains per day (BNSF) 15 - ao trains per day (UP) Main rail link between Seattle - Chicago (BNSF) Secondary line between Canada and Oregon (UP) Max speed - 40 mph (approx): Pines east Length up to 150 cars / 1.5 - 2 miles COMMODITIES TRANSPORTED BY RAIL Bulk Cargo General Freight Hazardous Materials Compressed Gases Combustible / Flammable Liquids Toxic / Corrosive / Poisonous Liquids Flammable Solids Oxidizers Explosives: Radioactives 1 POTENTIAL EMERGENCIES Safety - History & Regulatory: 99.998% of Haz Mat shipments are without incident Since 1980, number of incidents have reduced 91% Regulated by the Federal Rail Authority and U.S. Department of Transportation • Federal tank car regulations • Hazardous Material transport regulations • Emergency reporting requirements 7 Potential Emergencies cont'd Types of Emergency Events Low Speed Derailment With Small Number of Cars & No to Limited Damage Train v Train: Vehicle v. Train: 8 Potential Emergencies cont'd Types of Emergency Events cont'd Moderate to High Speed Derailment With Larger Number of Cars and Moderate to Severe Damage Damage to Container: over - pressurization, foreign object intrusion Valve Malfunction 9 Potential Emergencies cont'd Causes of Emergency Events Vehicle v. Train - Train v. Train Conflicts Failure of Brake & Wheel - Axle assemblies Valve & Equipment Failures • Off - Loading - Loading of Product Rail Switch Malfunction Potential Emergencies cont'd Causes of Emergency Events cont'd Failure of Signal Equipment Runaway - attended or unattended Excessive Speed Rail Damage or Maintenance Deficiencies Human Error - Unsafe Actions Potential Emergencies cont'd LJ Recent Events & Community Concerns... J Bakken Oil & DOT 111 Rail Cars 1 Potential Emergencies Bakken Crude Oil Named for the oil producing region in North Dakota. ■ A flammable liquid with flash point below 32 deg F More easily ignited than diesel • Greater risk for rapid fire spread • More challenging for firefighters to extinguish Contains methane, benzene and hydrogen sulfide... cont'd Transported in ioo - 150 (approx) car unit trains • 1 to 1 1/2 trains per day through Valley 13 I]!]: U1-Pr- Potential Emergencies cont'd ❑ DOT 111 Rail Cars Involved in recent high profile accidents • Lac- Megantic, Quebec in June 2013 • Alabama in November 2013 • Casselton, ND in December 2013 Single wall construction for large majority of fleet. More susceptible to damage & product release. Initiatives to Improve Fleet 14 Rail Company Mitigation Initiatives INFORMATION DERIVED VIA BNSF REPRESENTATIVE & RESEARCH Engineering Acoustical - Heat Detection Equipment detection equipment with a max spacing of 4o miles overheating of brakes and wheel bearings, truck & axle performance Positive Train Control - Satellite & Local Monitoring detection of speed, unattended locomotive movement, conflicts with signal status, collision avoidance...23 variables measured ability to shut down a train remotely 15 I r Rail Company Mitigation Initiatives Engineering cont'd cont'd Rail Monitoring - Inspection internal electro- magnetic min 2 X'S per week visual - daily in Spokane vicinity 2 X'S Federal requirements Fort Worth Network Operations Center Monitors all electronic system status information Coordination of emergency notifications and response Rail Company Mitigation Initiatives cont'd Operational Policies Crew Resource Management Maximum hours worked Minimum of 2 persons in locomotive Train Operations Speed limits Brake setting requirements Parking only on sidings Trailing locomotives at end of trains ikh. Impact on Community & Emergency Services Community Potential Release of Hazardous Substances - short & long term impacts Airborne Toxins • Flammable / Combustible Vapors • Contaminated Soil • Contaminated Water (ground & river) • Economic Disruption Traffic Delays: civilian, business & responders i8 Impact on Community & Emergency Services Emergency Services Response - assuming moderate to severe event • Many different scenarios to prepare for Potential depletion of local resources • Regional multi- agency response, command and control and mitigation efforts • Significant challenges with acquiring immediate resources for extinguishment, containment and control • Long term (multiple days) event Preparation, Response & Recovery op Communities Participate in Development and Review of Comprehensive Emergency Management Plan (CEMP) Official and Employee Participation in Exercises Assistance in Establishing Shelters & Post Event Citizen Communications Designation of Representatives for Emergency Coordination Center and Incident Command Post Be Prepared to Sign Delegation of Authority to Regional Incident Command Team Preparation, Response & Recovery Rail Companies Compliance With All Regulatory and Risk Management Requirements. Training of Rail Operations and Hazardous Material Personnel Early Notification & Identification of Product Pre - Positioning of Response Equipment a. Local: moderate spill control b. Pasco & Whitefish: technical experts, foam, monitoring coat "d Preparation, Response & Recovery cont'd Rail Companies cont'd Retainer For Hazardous Material Response and Recovery Contractors Designation of Representatives for Emergency Coordination Center and Incident Command Post Deployment of National Resources: Industrial Firefighters, Equipment & Monetary Preparation, Response & Recovery cont'd Emergency Responders Preparedness: CEMP & Training Notification and Dispatch of Appropriate Resources a. 9-1-1: collection of accurate information I% Resources: appropriate personnel, multiple agencies, specific equipment Protective Measures: isolate, evacuate, property exposures 23 Preparation, Response & Recovery cont'd Emergency Responders cont'd a. Hazardous Material: Identify, Isolate, Contain & Control, 2) Deployment of Haz Mat Team, 3) Initiate Incident Management System 4) Activate Emergency Coordination Center 5) Coordination With Local, Regional, State and Federal Representatives 6) Coordinate With Rail Technical Experts 24 Preparation, Response & Recovery cont'd Emergency Responders cont'd a. National Incident Management System (NIMS) - Unified Command 1> Expandability - from simple to complex 2) Representatives from fire /EMS, LE, local and regional government, public works, public health, Dept of Ecology, rail representatives and etc 3) Establish incident priorities 4) Development of incident action plan 5) Coordinated public information and media interaction 6) Orderly transition of command from first responders to long term agencies (DOE) and private parties Zs 4 FIRE: i L]'T Preparation, Response & Recovery cont'd Emergency Responders cont'd a. Shelter In Place and / or Evacuation: Coordination between fire and law enforcement: assess hazards, define area, identify shelter location 2) Primarily responsibility of law enforcement in non- hazardous areas, 3) Coordinate with Alert Spokane - emergency notification system 26 27 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 18, 2014 Department Director Approval: ❑ Check all that apply: ['consent ❑ old business ['new business ['public hearing ❑ information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: 2014 SRTC Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Resolution 13 -006 adopting the 2014 -2019 Six Year Transportation Improvement Program (TIP) on June 11, 2013. Info Memo on STP Call for Projects, March 11, 2014. BACKGROUND: The Spokane Regional Transportation Council (SRTC) issued a 2014 Call for Projects on March 3, 2014 for allocation of federal Surface Transportation Program (STP) funding for the years 2017 -2019. Approximately $20 million in STP funding is expected to be available for the Spokane region. However, because of funding for SRTC programs, the amount available for the actual Call for Projects is $18.0 million. Project applications are due Wednesday, April 30th, 2014. The available funds will be divided into three regional categories as described below. Spokane Valley is eligible for Urbanized Areas and Flexible Funds only. Area Size Urbanized Areas >200,000 % Funds Minimum Amount of Available Funds Available 73% $13.14 Million Urban Areas >5,000 and <200,000 2% $360,000 Rural Areas <5,000 Flexible Funds 13.5% $2.43 Million 11.5% $2.07 Million The federal STP(U) funds will be further divided into three project categories as shown below. These numbers are based on the most recent information from SRTC. These dollar amounts are subject to change due to the urban /rural split being program wide and not specific to each project type. Category OA Approx. Funds Available (Urban) ** Improvement 20 % $2.63 -$3.04 Million Reconstruction/ Preservation Non - Roadway* Total 70% $9.20 - $10.65 Million 10% $1.31 -$1.52 Million $13.14 -15.21 Million * 'Non- Roadway' includes Bike /Ped, ITS, and Transit projects * *The range Includes potential Flexible Funds Staff has begun evaluating the proposed STP grant criteria and has identified a draft list of projects to review with council. Information used to develop this draft list of projects includes: • The adopted 2014 -2019 Six Year TIP • The Pavement Management Program (PMP) • Private developments and improvements affecting the City's street network • Council's expressed priorities The preliminary list of projects included in the March 11, 2014 Info RCA was based primarily on City priorities. After completing a preliminary scoring exercise on the proposed projects against the criteria in the applications, the preliminary list of projects has been updated. Some of the previously identified projects did not score as well as anticipated while other projects were identified as being more competitive. Projects listed below that are struck through represent ones that did not score well, and staff is recommending not including these in the grant application. 1. IMPROVEMENT CATEGORY: The first two projects listed below have been in previous Six Year TIPs and currently have federal STP(U) funds for the design phase. The need for the second two projects listed below has developed due to the recent extension of Chapman Road to Barker Road and to accommodate plans by WSDOT to upgrade the I -90 /Barker Interchange. 1. Mission Ave Improvements - Flora to Barker (PE Funded) 2. Park Rd Improvements - Broadway to Indiana (PE Funded) 3. Barker Rd Improvements - Appleway to 1 -90 4. 2. RECONSTRUCTION /PRESERVATION CATEGORY: The first two projects listed below have been in previous Six Year TIPs and currently have federal STP(U) funds for the design phase. Having federal funds for the design phase on these projects increases the potential to receive federal funds for the construction phase. The remaining projects in this category come directly from the PMP. 1. Broadway /Argonne /Mullan PCC intersection (PE Funded) 2. Sullivan /Euclid PCC Intersection (PE Funded) 6, 32'44 Resurfacing (Dishman Mica to SR 27) 4. Argonne Resurfacing (Broadway to Mission) 5. Argonne /Mullan Resurfacing @I-90 (Mission to Indiana) 6, Broadway Resurfacing (Havana to Fancher) Dishman Mica Resurfacing (Appleway to 8 ,44 Indiana Resurfacing @ Spokane Valley Mall Mission Resurfacing (Pines to McDonald) 40- Montgomery Resurfacing (Woodruff to University) Added Proiects: 11. Sullivan Resurfacing (Trent to Wellesley) 12. Sprague Resurfacing (Sullivan to Corbin) 13. Evergreen Resurfacing (Mission connector to Indiana) 14. Appleway Ave (Park to Dishman Mica) 3. NON - ROADWAY CATEGORY: This category includes ITS, Bike /Pedestrian and Transit projects. Due to the wide availability of other funding sources for ITS and Transit type projects, staff focused attention on potential Bike /Pedestrian projects. 1. Appleway Trail Phase 2 - Pines to Evergreen (Construction partially funded) 2. Appleway Trail Phase 3 - Evergreen to Corbin OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET /FINANCIAL IMPACTS: Project costs are currently being developed in more detail for each project. The City's match on federally funded projects is typically 13.5% of the total project cost. STAFF CONTACT: Steve M. Worley, P.E. — Senior Capital Projects Engineer Eric Guth, P.E. — Public Works Director ATTACHMENTS: 2014 SRTC Call for Projects — Grant Applications 2017 -2019 Surface Transportation Program Application - Improvement PROJECT TITLE: SRTC GENERAL PROJECT INFORMATION Agency or Organization Contact Person Phone Number Email Address Project Information Project Location ❑ Urbanized Area ['Urban Small [Aural Federal Functional Classification Project Description Include the project scope, length, purpose, and brief comparison of existing and proposed conditions. Will the project improve traffic flow and congestion? If so, please describe and include the LOS, methodology used, and duration. Proposed Timeline PE Estimated obligation date (mldlyy) Estimated completion date (mldlyy) RW CN Other Attachments Please provide a vicinity map, signed Project Endorsement Form, and Complete Streets Checklist. SRTC Staff ['Vicinity map ['Endorsement ❑ Complete Streets Checklist or Exempt Cost Summary A. Previous obligations (all fund sources, all phases) $ STP funding is requested for the B. Requested STP Funds $ following phases (check all that apply). C. Other secured federal funds, source: $ ❑ Preliminary Engineering /Design D. Secured state funds, source: $ • Right -of -way ❑ Construction E. Secured local funds (13.5% match), source: $ F. Secured private funds, source: $ ❑ Other (planning, etc.) G. Total Estimated Cost of Project (All Phases) [A through F] $ Cost summary notes (optional, if additional information is needed). 2017 -2019 SRTC STP Improvement Application Page 1 Describe the commitment of secured matching funds or other funds and the status of obtaining any unsecured funds. Note: matching funds must be available at the time of fund obligation. 1. ECONOMIC VITALITY 15 PTS 1 a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 1: Economic Vitality. 3 Employment and Destination Accessibility 3 1 b. Please describe how the project enhances connections, both direct and indirect, to existing key destinations, (Le, regional employment centers, city /regional centers and attractions, schools, or parks) or major transportation routes and/or transportation hubs (including transit). Include the distance from the project location to any referenced key destinations. Consistency with Economic Development Plans 3 1 c. Is the project consistent with an adopted local economic development/revitalization plan, or other plans /initiatives with an economic development component? If so, please cite the plan and the page number that indicates the project is consistent with the plan. Existing and Future Development 3 1d, Project is located within an area of significant existing or future employment. Please refer to the 2010 and 2040 employment density maps to identify the employment density of the project location. Check all densities that apply to the project location (if it traverses more than one density type, an average score will be given). 2010 Employment: ❑ Low density ❑ Medium density ❑ High density 2040 Employment: ❑ Low density ❑ Medium density ❑ High density 0.5 1 1.5 0.5 1 1.5 Freight Network 3 1 e. Is this project located on the regional freight priority network identified in Horizon 2040? ❑ Yes ❑ No Please explain. 3 2. COOPERATION AND LEADERSHIP 10 PTS 2a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 2: Cooperation and Leadership. 2 Agency Coordination 4 2017 -2019 SRTC STP Improvement Application Page 2 2b. Is the project a joint venture between multiple jurisdictions and/or agencies (including public /private partnerships)? If so, please describe: 2 2c. Has this project been coordinated with STA or other transit operators? if so, please describe. 2 Public Involvement 4 2d. Please describe the extent to which the project has been reviewed by the public or other agencies (public meetings, environmental review, legislative actions, capital improvement programs, etc), 4 3. STEWARDSHIP 20 PTS 3a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 3: Stewardship (Please note if this project uses innovative design, materials, and /or funding sources, integrates multiple infrastructure needs, utilizes economy of scale, or completes a missing Zink). 2 Regional Priority Networks 4 3b. Is this project located on the Horizon 2040 Regional Vehicular Priority Network (NHS system)? If so, please describe. What is the average daily traffic (ADT) of the existing facility? Provide the ADT and the year of the latest traffic count. ADT Year ❑ Urban — 15,000+ ADT ❑ Urban —7500 to 15,000 ADT ['Urban — below 7500 ADT ❑ Rural — 2,000+ ADT ❑ Rural —1,000 to 2,000 ADT ❑ Rural -- 500 to 1,000 ADT 2 2 1 0 Environmental Mitigations 2 3c. Does the project improve the environment or minimize the environmental impact of the facility above and beyond current 2 design standards (i.e. use of recycled materials, innovative storm water treatment, use of drought tolerant vegetation, air quality benefit, smaller footprint, etc.)? If so, please describe. Ability to Advance 6 3d, Describe the status of the project: ❑ Environmental documentation (NEPA) is complete & approved, or categorically excluded (CE) ❑ Right -of -way plans approved, or not needed ❑ Right -of -way acquisition is complete, or not needed ❑ Design is 30% complete El Design is 60% complete ❑ Design is 90% complete 2017 -2019 SRTC STP Improvement Application Page 3 3e. Project status notes. Please indicate if there are any circumstances that could delay the project and/or if there are any critical timelines associated with this application (e.g. right of way acquisition, environmental documentation, other funds needed for full funding). Funding 6 3f. Has the project received partial federal funding through SRTC in the past? Please explain how the project receiving these funds has performed (i.e. on schedule, on budget, etc.) and the other grant opportunities that have been sought since (list). 3g. Does this project have additional local/state match funds above the required 13.5 %? If so, please describe: ❑ 5% over the required local/state match ❑ 10% over the required local/state match ❑ 15% over the required local/state match ❑ 20% over the required local/state match 1 2 3 4 2 4. SYSTEMS OPERATIONS, MAINTENANCE, AND PRESERVATION 10 PTS 4a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 4: System Operations, Maintenance and Preservation. 4b. What is the design life of the project? ❑ The project sponsor must indicate that the project, once completed, will be maintained for the life of the project 4c. Please describe the plan and funding source to maintain this project. 2 8 5. SAFETY AND SECURITY 20 PTS 5a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 5: Safety and Security. 4 Addresses Existing Safety Concern 8 5b. Does the project address an existing safety concem(s)? If yes, please indicate the existing safety concern(s). ❑ Unsignalized intersection collisions ❑ Head -on collisions ❑ Collisions involving pedestrians, bicyclists ❑ Other safety concern (describe): ❑ Signalized intersection collisions ❑ Run- off -road collisions ❑ Collisions involving horizontal curves, utility poles, trees Does the project address the existing safety concern(s) via the one or more of the following strategies? ❑ Improve visibility /sight dist. of intersections, signals, signs ❑ Improve geometry, approaches of complex intersections ❑ Provide/improve turn channelization ❑ Add rumble strips, barriers /rails, raised pavement markers ❑ Add center turn lane /pocket ❑ Improve geometry of horizontal curves ❑ Restrict or eliminate turns (including right turns on red, driveway access) ❑ Restrict cross - median access near intersections ❑ Provide appropriate intersection traffic control (all -way stop, signalizing, roundabouts) to reduce collisions and severity ❑ Add non - traversable median 8 2017 -2019 SRTC STP Improvement Application Page 4 ❑ Provide enhanced pavement markings ❑ Eliminate at -grade crossings ❑ Provides sidewalks/walkways and curb ramps ❑ Provides bike lanes, markings, signage ❑ Add traffic calming improvements ❑ Other safety improvements consistent with NCHRP 500 ❑ Provide skid - resistant pavement surfaces ❑ Remove, move utility poles /trees in high -crash or high -risk locations ❑ Add signage directed to improve safety concern ❑ Install /improve traffic and pedestrian signals ❑ Provide crosswalk enhancements (including striping, refuge islands, raised medians) (describe): Please explain how these safety concerns (from above) will be addressed by this project. 2017 -2019 SRTC STP Improvement Application Page 5 Annual Benefit Calculator 8 5c. Provide the location and details for correctable collisions (Le. not random, unpreventable incidences) on the project facility for the three most current years available. This information can be obtained from the Transportation Data & GIS Office (TDGO). Fill out a separate row for each collision. Provide information on the location, collision type, severity, number of vehicles involved, and the primary countermeasure to eliminate or mitigate the collision (countermeasure must be consistent with project scope). SRTC staff will use this information to assign points on a sliding scale. Collision Location (provide location details or milepost) Collision Type (head -on, broad -side, right angle, etc.) Number of Property Damage Only (PDOs) Number of Injuries Number of Fatalities Number of Vehicles Involved Primary Countermeasure (must be consistent with project scope) ex. Driveway East of Myrtle St. Side swipe 0 1 0 2 improved visibility. Fatalities $4,400,000 TOTAL (Sum of Column A) TOTAL (Sum of Column B) TOTAL (Sum of Column C) Collision Involving A. Total Number B. Factor C. Accident Cost (A x B) Annual Benefit (Sum of Column C 120 years) Property Damage Only (PDO) $6,700 Injuries $375,000 Fatalities $4,400,000 TOTAL (Sum of Column A) TOTAL (Sum of Column B) TOTAL (Sum of Column C) 2017 -2019 SRTC STP Improvement Application Page 6 6. CHOICE AND MOBILITY 15 PT 6a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 6: Choice and Mobility. 3 Bicycle and Pedestrian Improvements 6 6b. Will the project add or improve pedestrian facilities (ADA requirements, crossings, completes a gap, extends connection, eliminates barriers, vegetated buffers, width >5 ft, pedestrian islands, etc.)? If so, please describe. 6c. Is the facility on the regional priority bicycle network? Will the project add or improve bicycle facilities (lanes, pavement markings, signage, completes a gap, extends connection, eliminates barriers, etc.)? If so, please describe. 2 1 6d. Is this project on a local bicycle system that provides access to the regional bicycle network? If so, please describe. 1 6e. Project is located within an area of significant existing or future population. Please refer to the 2010 and 2040 population density maps to identify the population density of the project location. Check all densities that apply to the project location (if it traverses more than one density type, an average score will be given). 2010 Population: ❑ Low density ❑ Medium density ❑ High density 2040 Population: ❑ Low density ❑ Medium density ❑ High density 0 0.5 1 0 0.5 1 Transit Access 4 6f. Is the project located along the High Performance Transit Network and does it propose to improve transit access and/or amenities? If so, please describe. 1 6g. Is the project located along a local transit route and does it propose to improve transit access and /or amenities? if so, please describe. 6h. If the project proposes to improve transit access and /or amenities, what is the frequency (during the busiest hour of the day) of the transit buses that traverse the facility? ❑ frequency of less than 15 minutes ❑ frequency of 15 minutes or better 1 2 Shared. Use of Infrastructure 1 6i. Project encourages or allows for the shared use of infrastructure for multiple users (i.e, new shared use path, or the addition of facilities for a new user group on an existing facility). If so, please describe. 2017 -2019 SRTC STP Improvement Application Page 7 Transportation Choices 1 6j. Project serves low income andlor minority communities or establishes a new or enhances an existing transportation choice to the transportation disadvantaged. Please refer to the 2010 environmental justice maps to determine whether the project is located in an area of disproportionately high percentages of low income and/or minority residents. Please check all classifications that apply to the project location (if it traverses more than one classification, an average score will be given). ❑ Low proportion of low income ❑ Low proportion of minorities ❑ Medium proportion of low income ❑ Medium proportion of minorities ❑ High proportion of low income ❑ High proportion of minorities 1 point max 0 0 .5 .5 1 1 7. QUALITY OF LIFE 10 PTS 7a. Please describe how this project is consistent with the Horizon 2040 Guiding Principle 7; Quality of Life. 2 7b. Does the project support health - promoting transportation options for people of all abilities and ages (walking, biking, transit, 6 safe routes to school, etc.)? If so, please describe. 7c. Does the project include design elements that contribute to quality place making? if so, please check all that apply: ❑ Lighting ❑ Unusual or unique surfaces (pavers or stamped) ❑ Bicycle parking ❑ Public art ❑ Benches, bus shelters ❑ Garbage /recycling receptacles ❑ Traffic calming measures ❑ Bollards ❑ Landscaping, pots /planters, tree grates ❑ Other design elements, please describe: ❑ Raised or uniquely treated crosswalks 3 2017 -2019 SRTC STP Improvement Application Page 8 .fw(P»c. l'(.rinn('Tm,ifwrl,(,w,Gnm, ( 2017 -2019 STP Application — Preservation & Reconstruction PROJECT TITLE: SRTC GENERAL PROJECT INFORMATION Agency or Organization Contact Person Phone Number Email Address Project Information Project Location ❑ Urbanized Area ['Urban Small ['Rural Federal Functional Classification Project Description Include the project scope, length, purpose, and brief comparison of existing and proposed conditions. Proposed Timeline PE Estimated obligation date (mldlyy) Estimated completion date (m/d/yy) RW CN Other Attachments Please provide a vicinity map and a signed Project Endorsement Form. SRTC Staff ❑ Vicinity map ❑ Endorsement Cost Summary A. Previous obligations (all fund sources, all phases) $ STP funding is requested for the B. Requested STP Funds $ following phases (check all that apply): C. Other secured federal funds, source: $ • Preliminary Engineering /Design D. Secured state funds, source: $ ❑ Right -of -way E. Secured local funds (13.5% match), source: $ El Construction F. Secured private funds, source: $ ❑ Other (planning, etc.) G. Total Estimated Cost of Project (All Phases) [A through F] $ Cost summary notes (optional, if additional information is needed). Describe the commitment of secured matching funds or other funds and the status of obtaining any unsecured funds. Note: matching funds must be available at the time of fund obligation. 2017 -2019 SRTC STP Preservation & Reconstruction Application Page 1 1. ECONOMIC VITALITY 15 PTS 1 a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 1: Economic Vitality, 3 Employment and Destination Accessibility 3 1 b. Please describe how the project enhances connections, both direct and indirect, to existing key destinations, (i.e. regional employment centers, city /regional centers and attractions, schools, or parks) or major transportation routes and/or transportation hubs (including transit). Include the distance from the project location to any referenced key destinations. Consistency with Economic Development Plans 3 1 c. Is the project consistent with an adopted local economic development/revitalization plan, or other plans /initiatives with an economic development component? If so, please cite the plan and the page number that indicates the project is consistent with the plan. Existing and Future Development 3 1 d. Project is located within an area of significant existing or future employment. Please refer to the 2010 and 2040 employment density maps to identify the employment density of the project location. Check all densities that apply to the project location (if it traverses more than one density type, an average score will be given). 2010 Employment: ❑ Low density ❑ Medium density ❑ High density 2040 Employment: ❑ Low density ❑ Medium density ❑ High density 0.5 1 1.5 0.5 1 1.5 Freight Network 3 1 e. Is this project located on the regional freight priority network identified in Horizon 2040? ❑ Yes ❑ No Please explain. 2. COOPERATION AND LEADERSHIP 5 PTS 2a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 2: Cooperation and Leadership. 2 Agency Coordination 2 2b. Is the project a joint venture between multiple jurisdictions and/or agencies (including public /private partnerships)? If so, please describe: 1 2017 -2019 SRTC STP Preservation & Reconstruction Application Page 2 2c. Has this project been coordinated with STA or other transit operators? If so, please describe. 1 Public Involvement 1 2d. Please describe the extent to which the project has been reviewed by the public or other agencies (public meetings, environmental review, legislative actions, capital improvement programs, etc). 3. STEWARDSHIP 15 PTS 3a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 3: Stewardship (Please note if this project uses innovative design, materials, and/or funding sources, Integrates multiple infrastructure needs, utilizes economy of scale, or completes a missing link). 2 Regional Priority Networks 4 3b. Is this project located on the Horizon 2040 Regional Vehicular Priority Network (NHS system)? If so, please describe. What is the average daily traffic (ADT) of the existing facility? Provide the ADT and the year of the latest traffic count. ADT Year ❑ Urban — 15,000+ ADT ['Urban — 7500 to 15,000 ADT ['Urban — below 7500 ADT ❑ Rural — 2,000+ ADT ❑ Rural —1,000 to 2,000 ADT ❑ Rural — 500 to 1,000 ADT 2 2 1 0 Environmental Mitigations 2 3c. Does the project improve the environment or minimize the environmental impact of the facility above and beyond current 2 design standards (i.e. use of recycled materials, innovative storm water treatment, use of drought tolerant vegetation, air quality benefit, smaller footprint, etc.)? If so, please describe. Ability to Advance 3 3d. Describe the status of the project: ❑ Environmental documentation (NEPA) is complete & approved, or categorically excluded (CE) ❑ Right -of -way plans approved, or not needed ❑ Right -of -way acquisition is complete, or not needed ❑ Design is 30% complete ❑ Design is 60% complete P Design is 90% complete 3e. Project status notes. Please indicate if there are any circumstances that could delay the project and/or if there are any critical timelines associated with this application (e.g. right of way acquisition, environmental documentation, other funds needed for full funding). .5 .5 .5 .5 .5 .5 2017 -2019 SRTC STP Preservation & Reconstruction Application Page 3 Funding 4 3f. Has the project received partial federal funding through SRTC in the past? Please explain how the project receiving these funds has performed (Le. on schedule, on budget, etc.) and the other grant opportunities that have been sought since (list). 3g. Does this project have additional local/state match funds above the required 13.5%? If so, please describe: ❑ 5% over the required local/state match ❑ 10% over the required local/state match ❑ 15% over the required local/state match ❑ 20% over the required local/state match 2 0.5 1 1.5 2 4. SYSTEMS OPERATIONS, MAINTENANCE, AND PRESERVATION 40 PTS 4a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 4: System Operations, Maintenance and Preservation. 2 Structural Condition 30 4b. What is the structural condition of the existing facility? Rate the Overall Condition Index (OCI) rating, using the TIC Pavement Condition Rating Standards (attached to application packet) and the year of last inspection. Note: OCI will be reviewed by a team of representatives from Spokane, Spokane Valley, Spokane County and WSDOT prior to project scoring. OCI Year Preservation ❑ OCI: 41 -55 20 ❑ OCI: 56 -65 10 ❑ OCI: 66-85 30 Reconstruction ❑ OCI: 0 -30 30 ❑ OCI: 31 -40 20 ❑ OCI: 41 -55 10 Please explain. 4c, What is the design life of the project? ❑ The project sponsor must indicate that the project, once completed, will be maintained for the life of the project 4d. Please describe the plan and funding source to maintain this project. 8 5. SAFETY AND SECURITY 5 PTS 5a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 5: Safety and Security. Page 4 2017 -2019 SRTC STP Preservation & Reconstruction Application 6. CHOICE AND MOBILITY 15 PTS 6a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 6: Choice and Mobility. 2 Bicycle and Pedestrian Improvements 6 6b. Will the project add or improve pedestrian facilities (ADA requirements, crossings, completes a gap, extends connection, eliminates barriers, vegetated buffers, width >5 ft, pedestrian islands, etc.)? If so, please describe. 6c. Is the facility on the regional priority bicycle network? Will the project add or improve bicycle facilities (lanes, pavement markings, signage, completes a gap, extends connection, eliminates barriers, etc.)? If so, please describe. 2 1 6d. Is this project on a local bicycle system that provides access to the regional bicycle network? If so, please describe. 1 6e. Project is located within an area of significant existing or future population. Please refer to the 2010 and 2040 population density maps to identify the population density of the project location. Check all densities that apply to the project location (if it traverses more than one density type, an average score will be given). 2010 Population: ❑ Low density ❑ Medium density ❑ High density 2040 Population: ❑ Low density ❑ Medium density ❑ High density 0 0.5 1 0 0.5 1 Transit Access 5 6f. Is the project located along the High Performance Transit Network and does it propose to improve transit access and/or amenities? If so, please describe. 2 6g. Is the project located along a local transit route and does it propose to improve transit access and/or amenities? 2 If so, please describe. 6h. If the project proposes to improve transit access and/or amenities, what is the frequency (during the busiest hour of the day) of the transit buses that traverse the facility? ❑ frequency of less than 15 minutes ❑ frequency of 15 minutes or better .5 1 Shared Use of Infrastructure 1 6i. Project encourages or allows for the shared use of infrastructure for multiple users (i.e. new shared use path, or the addition of facilities for a new user group on an existing facility). If so, please describe. 2017 -2019 SRTC STP Preservation & Reconstruction Application Page 5 Transportation Choices 1 6j. Project serves low income and/or minority communities or establishes a new or enhances an existing transportation choice to the transportation disadvantaged. Please refer to the 2010 environmental justice maps to determine whether the project is located in an area of disproportionately high percentages of low income and/or minority residents. Please check all classifications that apply to the project location {if it traverses more than one classification, an average score will be given). ❑ Low proportion of low income ❑ Low proportion of minorities ❑ Medium proportion of low income ❑ Medium proportion of minorities ❑ High proportion of low income ❑ High proportion of minorities 1 point max 0 0 .5 .5 1 1 7. QUALITY OF LIFE 5 PTS 7a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 7: Quality of Life. 2017 -2019 SRTC STP Preservation & Reconstruction Application Page 6 2017 -2019 SRTC Surface Transportation Program Application — Non - Roadway PROJECT TITLE: GENERAL PROJECT INFORMATION Agency or Organization Contact Person Phone Number Email Address Project Information Project Location ❑ Urbanized Area ❑Urban Small ['Rural Federal Functional Classification Project Description Include the project scope, length, purpose, and brief comparison of existing and proposed conditions. Proposed Timeline PE Estimated obligation date (m/d/yy) Estimated completion date (mldlyy) RW CN Other Attachments Please provide a vicinity map, signed Project Endorsement Form, and Complete Streets Checklist. SRTC Staff ❑ Vicinity map ❑ Endorsement ❑ Comp!ete Streets Checklist or Exempt Cost Summary A. Previous obligations (all fund sources, all phases) $ STP funding is requested for the following phases (check all that apply); ❑ Preliminary Engineering /Design ❑ Right -of -way ❑ Construction ❑ Other (planning, etc.) B. Requested STP Funds $ C. Other secured federal funds, source: $ D. Secured state funds, source: $ E. Secured local funds (13.5% match), source: $ F. Secured private funds, source: $ G. Total Estimated Cost of Project (All Phases) [A through F] $ Cost summary notes (optional, if additional information is needed). Describe the commitment of secured matching funds or other funds and the status of obtaining any unsecured funds. Note: matching funds must be available at the time of fund obligation. 2017 -2019 SRTC STP Non - Roadway Application Page 1 1. ECONOMIC VITALITY 15 PTS 1 a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 1: Economic Vitality. 3 Employment and Destination Accessibility 3 1 b. Please describe how the project enhances connections, both direct and indirect, to existing key destinations, (i.e. regional employment centers, city /regional centers and attractions, schools, or parks) or major transportation routes and/or transportation hubs (including transit). Include the distance from the project location to any referenced key destinations. Consistency with Economic Development Plans 3 lc. Is the project consistent with an adopted local economic development/revitalization plan, or other plans /initiatives with an economic development component? If so, please cite the plan and the page number that indicates the project is consistent with the plan. Existing and Future Development 3 1 d. Project is located within an area of significant existing or future employment. Please refer to the 2010 and 2040 employment density maps to identify the employment density of the project location. Check all densities that apply to the project location (if it traverses more than one density type, an average score will be given). 2010 Employment: ['Low density ❑ Medium density ❑ High density 2040 Employment: ❑ Low density ❑ Medium density ❑ High density 0.5 1 1.5 0.5 1 1.5 Freight Network 3 1 e. Is this project located on or does it support the regional freight priority network identified in Horizon 2040? ❑ Yes ❑ No Please explain. 3 2. COOPERATION AND LEADERSHIP 10 PTS 2a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 2: Cooperation and Leadership. 2 Agency Coordination 4 2b. Is the project a joint venture between multiple jurisdictions and /or agencies (including public /private partnerships)? If so, please describe: 2 2017 -2019 SRTC STP Non - Roadway Application Page 2 2c. Has this project been coordinated with STA or other transit operators? If so, please describe. 2 Public Involvement 4 2d. Please describe the extent to which the project has been reviewed by the public or other agencies (public meetings, environmental review, legislative actions, capital improvement programs, etc). 4 3. STEWARDSHIP 20 PTS 3a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 3: Stewardship (Please note if this project uses innovative design, materials, andlor funding sources, integrates multiple infrastructure needs, utilizes economy of scale, or completes a missing link). 2 Regional Priority Networks 2 3b. Is this project located on or does it support the Horizon 2040 Regional Vehicular Priority Network (NHS system)? If so, please describe. 2 Environmental Mitigations 4 3c, Does the project improve the environment or minimize the environmental impact of the facility above and beyond current 4 design standards (i.e. use of recycled materials, innovative storm water treatment, use of drought tolerant vegetation, air quality benefit, smaller footprint, etc.)? If so, please describe. Ability to Advance 6 3d. Describe the status of the project: ❑ Environmental documentation (NEPA) is complete & approved, or categorically excluded (CE) ❑ Right -of -way plans approved, or not needed ❑ Right -of -way acquisition is complete, or not needed ❑ Design is 30% complete ❑ Design is 60% complete ❑ Design is 90% complete 3e. Project status notes. Please indicate if there are any circumstances that could delay the project andlor if there are any critical timelines associated with this application (e.g. right of way acquisition, environmental documentation, other funds needed for full funding). 1 1 1 1 1 1 Funding 6 3f. Has the project received partial federal funding through SRTC in the past? Please explain how the project receiving these 2 funds has performed (Le. on schedule, on budget, etc,) and the other grant opportunities that have been sought since (list). 3g. Does this project have additional local /state match funds above the required 13.5 %. if so, please describe: 2017 -2019 SRTC STP Non - Roadway Application Page 3 ❑ 5% over the required local/state match ❑ 10% over the required local/state match ❑ 15% over the required local/state match ❑ 20% over the required local/state match 1 2 3 4 4. SYSTEMS OPERATIONS, MAINTENANCE, AND PRESERVATION 5 PTS 4a, Please describe how this project is consistent with Horizon 2040 Guiding Principle 4: System Operations, Maintenance and Preservation. 4b. What is the design life of the project? ❑ The project sponsor must indicate that the project, once completed, will be maintained for the life of the project 4c. Please describe the plan and funding source to maintain this project. 2 3 5. SAFETY AND SECURITY 20 PTS 5a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 5: Safety and Security. 4 Addresses Existing Safety Concern 16 5b. Does the project address an existing safety concern(s)? if yes, please indicate the existing safety concern(s). ['Collisions involving pedestrians, bicyclists ❑ Lack of separated facilities for user groups ❑ Lack of safe pedestrian crossing ❑ High volumes /speeds on facility ❑ Signalized intersection collisions ❑ Other safety concern (please describe): Please explain how these safety concerns (from above) will be addressed by this project. 6. CHOICE AND MOBILITY 20 PTS 6a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 6: Choice and Mobility. 3 Bicycle and Pedestrian Improvements 7 6b. Will the project add or improve pedestrian facilities (ADA requirements, crossings, completes a gap, extends connection, eliminates barriers, vegetated buffers, width >5 ft, pedestrian islands, etc.)? If so, please describe. 6c. Is the facility on the regional priority bicycle network? Will the project add or improve bicycle facilities (lanes, pavement markings, signage, completes a gap, extends connection, eliminates barriers, etc.)? If so, please describe. 2 2 2017 -2019 SRTC STP Non - Roadway Application Page 4 6d. Is this project on a local bicycle system that provides access to the regional bicycle network? If so, please describe. 1 6e. Project is located within an area of significant existing or future population. Please refer to the 2010 and 2040 population density maps to identify the population density of the project location. Check all densities that apply to the project location (if it traverses more than one density type, an average score will be given). 2010 Population: ❑ Low density ['Medium density ❑ High density 2040 Population: ❑ Low density ❑ Medium density ❑ High density 0 0.5 1 0 0.5 Transit Access 5 6f. Is the project located along the High Performance Transit Network and does it propose to improve transit access and/or amenities? If so, please describe. 2 6g. Is the project located along a local transit route and does it propose to improve transit access and /or amenities? If so, please describe. 1 6h. If the project proposes to improve transit access and /or amenities, what is the frequency (during the busiest hour of the day) of the transit buses that traverse the facility? ['frequency of less than 15 minutes ['frequency of 15 minutes or better 1 2 Shared Use of Infrastructure 2 61. Project encourages or allows for the shared use of infrastructure for multiple users (i.e. new shared use path, or the addition of facilities for a new user group on an existing facility). If so, please describe. Transportation Choices 3 6j. Project serves low income and /or minority communities or establishes a new or enhances an existing transportation choice to the transportation disadvantaged. Please refer to the 2010 environmental justice maps to determine whether the project is located in an area of disproportionately high percentages of [ow income and /or minority residents. Please check all classifications that apply to the project location (if it traverses more than one classification, an average score will be given). El Low proportion of low income ❑ Low proportion of minorities ❑ Medium proportion of low income ❑ Medium proportion of minorities ❑ High proportion of low income ❑ High proportion of minorities .5 .5 1 1 1.5 1.5 7. QUALITY OF LIFE 10 PTS 2017 -2019 SRTC STP Non-Roadway Application Page 5 7a. Please describe how this project is consistent with Horizon 2040 Guiding Principle 7: Quality of Life. 2 7b. Does the project support health- promoting transportation options for people of all abilities and ages (walking, biking, transit, 4 safe routes to school, etc.)? If so, please describe. 7c. Does the project include design elements that contribute to quality place making? If so, please check all that apply: ❑ Lighting ❑ Unusual or unique surfaces (pavers or stamped) ❑ Bicycle parking ❑ Raised or uniquely treated crosswalks ❑ Benches, bus shelters ❑ Garbage /recycling receptacles ❑ Traffic calming measures ❑ Bollards ❑ Landscaping, pots /planters, tree grates ❑ Other design elements, please describe: 4 2017 -2019 SRTC STP Non - Roadway Application Page 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 3/18/14 Department Director Approval: ❑ Check all that apply: ['consent ❑ old business ['new business ['public hearing ['information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Resource Allocation for Law Enforcement GOVERNING LEGISLATION: RCW 39.34 and CO 10 -109 PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Costs Incident to Law Enforcement Services in the City of Spokane Valley, CO 10 -109, Adopted by Council on August 10, 2010, Amended by Council on December 13, 2011. BACKGROUND: A study was conducted to assess the current staffing level of the Spokane Valley Police Department and determine if the level is appropriate to meet the law enforcement needs of the community. The goal when embarking on this study was to ensure that every opportunity to maximize efficiency was explored prior to considering adding personnel. Spokane Valley City Staff in conjunction with Spokane Valley Police Command Staff identified several opportunities to enhance the service delivered to the citizens. The result is a plan that is a combination of enhancements to existing resources and utilizing two new patrol officers in the most efficient way possible. Add two (2) new Patrol Deputies to the law enforcement contract. Reassign six (6) Patrol Corporals. Use Patrol Corporals to create one (1) Power Shift Deputy, three (3) Patrol Sergeants, and two (2) Property Crime Detectives. Create a Patrol Power Shift that overlaps the Day and Night Shifts to match the highest staffing levels with the highest call loads. Increase Property Crime Detectives by two (2) (by shifting corporals) and combine all property crime and drug crime detectives into one dedicated Spokane Valley unit with a single sergeant supervisor. Add traffic signal controllers to new patrol SUVs to increase response times and enhance safety for officers and citizens. Invest in safe and functional work spaces in the precinct building. Maximize staffing levels per shift OPTIONS: Maintain current staffing levels and platoon numbers; Approve recommended staffing changes. RECOMMENDED ACTION OR MOTION: Proceed to Motion Consideration on March 25, 2014 BUDGET /FINANCIAL IMPACTS: 2014 Total Expenses = $423,213 (Recurring costs $347,739) STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: PowerPoint; Staffing Analysis RESOURCE ALLOCATION FOR LAW ENFORCEMENT MARCH 18, 2014 Morgan Koudelka, Senior Administrative Analysis History • The City of Spokane Valley has always contracted with the Spokane County Sheriff's Office for law enforcement services. The original interlocal agreement had dedicated Spokane Valley commissioned officers for patrol, traffic, School Resource Officers, and investigative services that totaled 100.5 officers. In addition, the City received support from officers in administrative positions such as the undersheriff, public information, training and professional standards as well as grant funded positions. The staffing level has remained relatively constant over the City's ten -year history (One new Adm. Lt and one new SRO). • A staffing analysis was conducted to determine if the current staffing level of the Spokane Valley Police Department is appropriate to meet the law enforcement needs of the community. Priorities Keep pace with Spokane Valley population growth and increase in calls for police service. • Address rising property crimes. • Support officers with necessary equipment and work stations and maintain high morale. Maximize use of existing resources. Strategies Add two new patrol officers ( +2 FTE) to Law Enforcement Contract. Reassign Patrol Corporals. Create Power Shift. • Enhance Property Crimes Unit. • Create Dedicated SV Property Crimes and Drug Crimes Investigations Unit. • Upgrade Workstations at Spokane Valley Precinct • Add Opticom Traffic Signal Controllers to New Vehicles. Add Two Patrol Officers Add Two 7 Patrol Deputies_l Current 4 Platoons — 11 Officers Each 44 Total Patrol Deputies Plus 12 Supervisors 2 Deputies 1 Deputy Proposed 4 Existing Platoons + 1 Power Shift Platoon 47 Total Patrol Deputies Plus 9 Supervisors Reassign One Corporal to Deputy Add Two New Patrol Officers L A Positive Impact More officers to answer calls for service. More manageable workloads per officers allow more proactive policing. • Few calls responded to without backup will reduce injuries and increase officer safety. Reassign Patrol Corporals New 3 Patrol Sergeants Existing 6 Patrol Corporals New 1 Patrol Deputy New 2 Property Crime Detectives Positive Impact ❖Increases number of patrol officers responding to calls for service. ❖Allows for creation of Power Shift. ❖Increases ability of detectives to work property crime cases. Power Shift Existing Platoon Day 1 Existing Platoon Day 2 1 Deputy Existing Corporals N 1 Deputy Existing Platoon Night 1 / 1 Deputy / 1 Deputy . Existing Platoon Night 2 1 Deputy 2 Deputies 1 New New Hires + $309,732 Positive Impact Increases number of Patrol Officers answering calls for service. Aligns staffing levels with peak call loads. Most Officers Working on Weekends. New Power Shift 7 Deputies / 1 Deputy . Existing Platoon Night 2 1 Deputy 2 Deputies 1 New New Hires + $309,732 Positive Impact Increases number of Patrol Officers answering calls for service. Aligns staffing levels with peak call loads. Most Officers Working on Weekends. Current property Crimes and Drug Crimes Investigations Structure Dedicated Property Crimes (City Control) 1 Sergeant 6 Detectives Shared Investigative Task Force (County Control) (City pays about 50 %) 1 Sergeant 6 Detectives Proposed Property Crime and Drug Crime Investigations Structilre SV Patrol Corporals 2 Detectives SV Property Crimes 1 Sergeant 6 Detectives Shared Investigative Task Force 3 Detectives Dedicated Property and Drug Crimes (Spokane Valley Control) 1 Sergeant 11 Detectives Positive Impact ❖ Combines property crime and drug crime investigations into one unit with single commander (These crimes are often related). • Creates dedicated unit under Spokane Valley Command Staff control. • Allows investigators to work more interactively with SV patrol officers. Return on Investment — Performance Measure. Percentage of Calls for Service Responded to by Officers. • Average Response Time by Priority Type of Call (Based upon ability of CAD system). • 1 /3 or greater of all incidents will be Deputy initiated (ICMA Best Practice — Proactive Policing). Percentage of property crime cases worked. Citizen satisfaction. Maximize Officers per Shift — Schedule based upon seasonal and time of day call load, lieutenants approve less than 7 patrol officers per shift. Summary Add two (2) new Patrol Deputies to Contract Reassign six (6) Patrol Corporals. Use Patrol Corporals to create one (1) Power Shift Deputy, three (3) Patrol Sergeants, and two (2) Property Crime Detectives. Create a Patrol Power Shift that overlaps the Day and Night Shifts to match the highest staffing levels with the highest call loads. Add two (2)property crimes detectives (by shifting corporals) and combine all property crime and drug crime detectives into one dedicated Spokane Valley unit with one sergeant supervisor. Add traffic signal controllers to new patrol SUVs to increase response times and enhance safety for officers and citizens. Invest in safe and functional work spaces in the precinct building. Maximize staffing levels per shift. Est Impact Staffing Costs Adding two new patrol deputies Training Academy Shifting six coporals to other positions Impact on Radio and Disptach Calls Total Staffing Costs 1st Year (Recurring Costs) Additional Recommended One -Time Expenses Precinct Building Improvements - Cubicles Opticom Traffic Signal Controllers Total Additional One -Time Expenses Total 2014 Law Enforcement Additional Appropriations $ 309,732 $ 6,090 $ 3,007 $ 35,000 $ 353,829 $ 347,739 $ 50,000 $ 19,384 $ 69,384 $ 423,213 Budget Resources Finance Director Discussion Next Steps Council Decision. If approved, make any necessary changes to Interlocal Agreement (Council Approval). • Begin processing changes. Hiring Process -. Training Academy •: Corporal Transition Precinct and Vehicle Improvements Transition of investigative Detectives ae "SPOKANE VALLEY POLICE STAFFING ANALYSIS Purpose: To assess the current staffing level of the Spokane Valley Police Department and determine if the level is appropriate to meet the law enforcement needs of the community. Analysis Components: • Historical Spokane Valley Police Staffing Level Evaluation Historical Call for Service Trend Evaluation • Evaluation of Population Growth in Spokane Valley • Calculation of Annual Growth in Costs for Law Enforcement Services • Evaluation of General Fund Costs over Time • Evaluation of Spokane Valley Revenues Over Time • Comparative Analysis of Similar Sized Cities • Evaluation of Current Commissioned Officer Positions, Units, and Strength of Units • Analysis of Current Cost Methodology for Ease of Understanding, Ease of Administration, Fairness and Accuracy • Call for Service Analysis by Time of Day, Season, Day of Week • Ride- alongs with patrol officers Morgan Koudelka, Senior Administrative Analyst, City of Spokane Valley Matt Lyons, Administrative Lieutenant, Spokane Valley Police Rick VanLeuven, Spokane Valley Police Chief 1 History Spokane Valley receives law enforcement services though Interlocal Agreement with the Spokane County Sheriff's Office. The original agreement identified a specific number of commissioned officers that were dedicated to serving Spokane Valley. An additional number of commissioned officers and civilian staff provided support functions and were shared with Spokane County. The number of dedicated officers was determined through reviewing municipal police force organizational structures around Washington State and by analyzing the calls for service and number of precincts (6) within the City. The current interlocal agreement still has dedicated Spokane Valley Officers for Patrol, Traffic, Property Crimes, Community Services, Domestic Violence, School Resource Services, and Command Staff, while Investigative Services, Intelligence Led Policing, Marine /Search and Rescue, and K -9 units are shared with Spokane County. The number of shared officers the City pays for is based upon usage factors. In 2013, the total number of direct service officers the City paid for was just over 101. In addition there are another 8 shared support officers that are rolled into the City's per- officer costs (we pay a portion of the 8), as well as another 9 officers the City does not pay for but receives service from because they are either regional in nature or have other funding sources. These numbers have remained fairly constant over time. Over the City's first ten years, we added a School Resource Officer for the East Valley School District and an administrative lieutenant to act as a Deputy Chief of Police to provide support to the Chief. We are currently negotiating a new cost methodology that would be much easier to understand, have greater consistency and predictability and allow Spokane Valley to segregate much of their cost. 2 Workload Analysis The number of patrol officers has remained constant since incorporation. A number of workload indicators were reviewed to determine if the workload per officer has increased and what the impact of the change has been. Population growth has been slowly but steadily increasing. Citizen - initiated calls for service have been increasing at a more rapid pace and have experienced a significant jump recently. Population Change: Total Change: +9.12% Annual Growth: .97% 92,000 90,000 88,000 86,000 84,000 82,000 80,000 78,000 Spokane Valley Population 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Calls for Service (Citizen Initiated): Total Change: +13.29% Annual Growth: 1.39% 35,000 33,000 31,000 29,000 27,000 25,000 Citizen Calls For Service 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3 Impact from Workload Total Change: - 22.26% Annual Change: -3.15% 32,000 30,000 28,000 26,000 24,000 22,000 20,000 Officer Initiated CaIIs 2004 2005 2006 2007 2008 2009 2010 2011 2012 Best practice for law enforcement identifies patrol officers spending one -third of their time on proactive policing, initiating service incidents, interacting with the public, and providing deterrent patrolling. Spokane Valley Police have always had a higher standard as nearly half of their calls were officer - initiated in the first couple of years of the City's existence. As Spokane Valley officers have faced a higher call load, their ability to be proactive has steadily decreased. Additionally, because of the increased call load, the number of lower priority calls without an officer response have increased. Total Change: +52.31% Annual Change: 5.26% 12,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 CaIIs for Service with No Officer Response 2004 2005 2006 2007 2008 2009 2010 2011 2012 4 Reported Crimes Reported crimes and crime rates are affected by many variables, including economic conditions, affluence of the community, demographic make -up, effectiveness of sentencing options, and coordination of the criminal justice system. The strength of local law enforcement also has an impact on the number of crimes committed, from deterring crime through proactive policing to investigating crimes, identifying offenders, and allowing the system to reduce repeat offenders. After an abnormally high crime reporting year in 2004, reported crimes settled down but have seen a steady increase over time. Spokane Valley Reported Crimes 2004 -2012 25,000 20,000 15,000 10,000 5,000 ><,, ,), M_ 300 250 200 150 100 50 Ilipokane Valley Crime Rate (Crimes per 1,000 Population) u 2004 2005 2006 2007 2008 2009 2010 2011 2012 Crimes Reported 19,962 16,357 16,582 16,817 17,465 17,460 18,589 19,996 21,723 - -Total Property Crimes 10,519 8,178 7,916 7,338 7,513 7,668 8,852 9,615 10,328 -0-Total -M-Total Major Crimes 4,192 3,777 3,589 3,875 4,195 4,667 4,727 4,997 5,638 Sex Crimes 1,475 1,108 1,067 996 1,108 1,271 1,387 1,294 1,370 (Total 300 250 200 150 100 50 Ilipokane Valley Crime Rate (Crimes per 1,000 Population) u 2004 2005 2006 2007 2008 2009 2010 2011 2012 -0-Property Crime Rate 126.07 96.82 91.41 83.49 84.88 86.19 98.62 106.70 114.06 -M-Major Crime Rate 50.24 44.72 41.44 44.09 47.39 52.46 52.67 55.45 62.26 Crime Rate 17.68 13.12 12.32 11.33 12.52 14.29 15.45 14.36 15.13 (Sex Crime Rate 239.25 193.65 191.48 191.33 197.32 196.25 207.11 221.91 239.90 - -Total 5 Patrol Officers The City of Spokane Valley is split into six patrol districts. There are four patrol platoons comprised of eleven officers each, two day platoons and two night platoons, each working twelve hour shifts. Each night shift platoon works when the other platoon is off and the same is true of day platoons. The officers in each platoon have staggered start times so that approximately half start an hour and a half later than the others. This insures that there is not a transition gap when the day shift is over and the night shift begins. While Spokane Valley had a sufficient number of patrol officers upon incorporation that number has not changed and has not kept pace with the growth of the City and the increasing number of calls for service. 51 50 49 48 47 46 45 44 43 42 41 Number of Patrol Officers' it • 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Patrol Officers —�— Patrol Officers Adjusted for Population Patol Officers Adjusted for Calls for Service Additionally, injuries and required administrative leave often find each shift struggling to achieve a minimum staffing level, increasing the amount of overtime that is incurred. 7.8 7.6 7.4 7.2 7 6.8 6.6 6.4 6.2 'patrol Officers per Shift 2005 2006 2007 2008 2009 2010 2011 2012 •Patrol Officers per Shift 7.71 7.35 7.05 6.89 7.08 6.93 6.76 7.14 6 Financial Analysis Law Enforcement Cost Trend: Option 1— Actual costs per year Total Change: 46.87% Annual Change: 4.27% Option 2 — Costs Controlled for Inflation (CPI) Total Change: 17.7% Annual Change: 1.81% Option 3 — Costs Controlled for Inflation (IPD -Govt) Total Change: 5.01% Annual Change: .54% $18,000,000 $17,000,000 $16,000,000 $15,000,000 $14,000,000 $13,000,000 $12,000,000 $11,000,000 $10,000,000 SV Law Enforcement Costs 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 —0—Law Enforcement Contract Costs —M—Contract Costs Controlled for Inflation (CPI) Contract Costs Controlled for Inflation Implicit Price Deflator - Govt. The contract costs for Spokane Valley Law Enforcement have increased by an average 4.27 %. When adjusted for inflation by using the Consumer Price Index the annual growth of these costs has been 1.81 %. Another inflation index is the Implicit Price Deflator for government, which better reflects the costs that effect government entities. When adjusting the law enforcement costs utilizing this index the average change has been .54 %, which also takes into account the two added commissioned officers. A factor to take into account when examining these costs is that the collective bargain agreement with the Deputy Sheriff's Association has been expired since 2010 and negotiations are entering arbitration later this year. 7 Spokane Valley Revenue Trend: Spokane Valley General Fund Revenue Growth (In Millions 2004 2005 2006 Revenue Type 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Avr. Growth Growth 2003 - 2003 -2012 2012 Property Tax 8.82 8.98 9.51 8.04 9.52 9.84 10.48 10.74 10.68 10.80 22.41% 2.25% Sales Tax 10.53 13.56 16.87 16.55 17.44 16.16 14.34 14.10 14.86 15.43 46.55% 4.25% Criminal Justice Sales Tax 1.11 1.12 1.22 1.34 1.44 1.38 1.26 1.24 1.27 1.29 15.66% 1.62% Public Safety Sales Tax 0.00 0.00 0.60 0.74 0.80 0.78 0.72 0.72 0.72 0.72 20.48% 2.66% Gambling Tax 0.71 0.88 0.99 0.89 0.84 0.85 0.74 0.67 0.52 0.62 - 11.90% -1.41% Franchise Fee /Bus. Licenses 0.62 0.68 0.75 0.85 0.94 1.01 1.05 1.27 1.13 1.21 94.83% 7.41% State Shared Revenues 0.94 1.10 1.15 1.14 1.27 1.46 1.70 2.04 1.90 2.09 123.14% 8.92% Service Revenue 1.28 1.80 2.51 1.96 2.18 2.09 1.65 1.47 1.39 1.56 22.46% 2.25% Fines and Forfeitures 0.74 1.26 1.23 1.32 1.35 1.75 1.79 1.83 1.58 1.27 72.13% 6.03% Recreation 0.16 0.15 0.34 0.58 0.50 0.60 0.63 0.63 0.53 0.65 296.07% 15.29% Miscellaneous 0.04 0.07 0.25 0.42 0.69 0.66 0.33 0.26 0.15 0.21 468.99% 19.32% Total 24.94 29.60 35.43 33.82 36.95 36.57 34.68 34.96 34.75 35.85 43.75% 4.03% General Fund Rev. Growth 0.90% 18.71% 19.69% -4.55% 9.27% -1.05% -5.16% 0.80% -0.60% 3.17% Property Tax Growth I 1.80% 5.88% - 15.41% 18.38% 3.29% 6.50% 2.53% -0.56% 1.10% Notes: • In 2006 Spokane Valley became annexed to the Library District and the City no longer received the $.50/ $1,000 levy for library services, greatly reducing the City's total levy amount. • In 2007, the Spokane Co. Tax Assessor updated the tax rolls, which increases the assessed value throughout the County 18%. Because the City levied the maximum rate in 2007, this increased the City's levy amount by 18%. Because of the Library District Annexation, the following table estimates what the City's revenues would have looked like without the annexation in order to present a more accurate picture of revenue growth over time. evenue Estimates without Loss of Library Property, I. 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Annual Growth Growth Property Tax 8.82 8.98 9.51 9.84 11.65 12.04 12.82 13.14 13.07 13.22 49.80% 4.49% Sales Tax 10.53 13.56 16.87 16.55 17.44 16.16 14.34 14.10 14.86 15.43 46.55% 4.25% Criminal Justice Sales Tax 1.11 1.12 1.22 1.34 1.44 1.38 1.26 1.24 1.27 1.29 15.66% 1.62% Public Safety Sales Tax 0.00 0.00 0.00 0.74 0.80 0.78 0.72 0.72 0.72 0.72 -2.24% -0.38% Gambling Tax 0.71 0.88 0.99 0.89 0.84 0.85 0.74 0.67 0.52 0.62 - 11.90% -1.41% Franchise Fee /Business Licer 0.62 0.68 0.75 0.85 0.94 1.01 1.05 1.27 1.13 1.21 94.83% 7.41% State Shared Revenues 0.94 1.10 1.15 1.14 1.27 1.46 1.70 2.04 1.90 2.09 123.14% 8.92% Service Revenue 1.28 1.80 2.51 1.96 2.18 2.09 1.65 1.47 1.39 1.56 22.46% 2.25% Fines and Forfeitures 0.74 1.26 1.23 1.32 1.35 1.75 1.79 1.83 1.58 1.27 72.13% 6.03% Recreation 0.16 0.15 0.34 0.58 0.50 0.60 0.63 0.63 0.53 0.65 296.07% 15.29% Miscellaneous 0.04 0.07 0.25 0.42 0.69 0.66 0.33 0.26 0.15 0.21 468.99% 19.32% Total 24.94 29.60 34.83 35.62 39.09 38.77 37.02 37.36 37.14 38.26 53.44% 4.76% Annual Growth 15.76% 15.01% 2.21% 8.87% -0.82% -4.71% 0.90% -0.60% 2.95% 8 While the revenues have kept pace with law enforcement costs they do not allow the contract to keep pace with population growth and inflation. The City experienced healthy property tax revenues in the early years of existence, but since the economic downturn, these revenues have remained relatively static. While they have kept pace with the population growth of the City in the last few years they have not kept pace with inflation or the combined effect of population growth and inflation. $11,600,000 $11,400,000 $11,200,000 $11,000,000 $10,800,000 $10,600,000 $10,400,000 Property Tax Revenue Q1V,LVV,VVV 2009 2010 2011 2012 —0—Property Tax Rev $10,475,751 $10,741,306 $10,681,620 $10,799,122 t Property Tax Rev Adj for Pop Growth $10,475,751 $10,568,299 $10,610,099 $10,661,908 Property Tax Rev Adj for Inflation IPD $10,475,751 $10,728,397 $11,125,130 $11,346,196 Property Tax Rev $10,475,751 $10,820,946 $11,263,900 $11,542,724 —X— Adj for Growth and !nil The City's sales tax revenues are still significantly less than the 2007 high of $17.4 million, there is some hope in this area is well. While the annual growth from 2009 — 2012 was 2.44 %, the regular sales tax collections for 2013 are projected to be an increase of 7.5% over 2012 receipts. $17,500,000 $16,500,000 $15,500,000 $14,500,000 $13,500,000 $12,500,000 Sales Tax Revenues 2009 2010 2011 2012 2013 •Sales Tax Revenues 9 Recommendations Power Shift and Property Crime Enhancement: Corporals - The City of Spokane Valley currently has 6 corporals in the patrol division. These corporals assist the sergeants in a supervisory capacity and occasionally fill in for sergeants to provide supervisor coverage to the patrol platoons. The unincorporated County does not utilize patrol corporals, instead providing additional sergeants and maximizing the number of patrol deputies. We recommend also eliminating patrol corporals and utilizing these positions to help create a Power Shift, provide a sufficient number of patrol sergeant supervisors for all platoons, and enhance Property Crime Investigations. New 3 Patrol Sergeants Existing 6 Patrol Corporals New 1 Patrol Deputy New 2 Property Crime Detectives Power Shift - A Power Shift, that overlaps the existing day and night platoons, will be created by taking one deputy from each of the four existing platoons, adding one deputy from the existing corporals, and hiring two new deputies. Members of the Power Shift platoon will work every day from 3:00 p.m. until 1:00 a.m. during the highest concentration of calls for service. The greatest number of deputies per shift will be on weekends. Existing Platoon Day 1 Existing Platoon Day 2 1 Deputy Existing Platoon Night 1 1 Deputy 1 Deputy New Power Shift 7 Deputies Deputy Existing Corporals 10 Existing Platoon Night 2 1 Deputy 2 Deputies New New Hires Power Shift Schedule: Impact of Power Shift: 18 16 • 14 j> 12 m10 .c 8 'co • 6 v.) ▪ 4 2 0 18 16 • 14 ct 12 bO .c 8 6 co (/) 4 2 0 Current Patrol Staffing Versus CaII Load Current Staffing Calls for Service EEEEEEEEEEEEEEEEEEEEEEEE ni ni ni ni ni ni ni ni ni ni i ni ci ci ci ci ci ci ci ci ci ci ci ci 0 0 0 0 0 0 0 0 0 0 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o N ,-i N c'f) 4 Cr; Li; N 00 Cr; 6 ,-i N ,-i N ("f; 4 Cr; CO N 00 a; 6 Power Shift Staffing Versus CaII Load Power Shift Staffing Calls for Service 350 - 300 - 250 - 200 - 150 - 100 - 50 0 350 - 300 - 250 - 200 150 - 100 - 50 0 EEEEEEEEEEEEEEEEEEEEEEEE ni ni ni ni ni ni ni ni ni ni i ni ci ci ci ci ci ci ci ci ci ci ci ci 0 0 0 0 0 0 0 0 0 0 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o N ,-i N c'f; 4 Cr; Li; N 00 (5.; 6 ,-i iNi N c'f; 4 Cr; Li; N 66 Cr; d ,-i ,-1 L_ _ 11 M T W TH F SA SU Assigned 3 3 4 4 4 7 3 Minimum 2 2 3 3 3 5 2 Impact of Power Shift: 18 16 • 14 j> 12 m10 .c 8 'co • 6 v.) ▪ 4 2 0 18 16 • 14 ct 12 bO .c 8 6 co (/) 4 2 0 Current Patrol Staffing Versus CaII Load Current Staffing Calls for Service EEEEEEEEEEEEEEEEEEEEEEEE ni ni ni ni ni ni ni ni ni ni i ni ci ci ci ci ci ci ci ci ci ci ci ci 0 0 0 0 0 0 0 0 0 0 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o N ,-i N c'f) 4 Cr; Li; N 00 Cr; 6 ,-i N ,-i N ("f; 4 Cr; CO N 00 a; 6 Power Shift Staffing Versus CaII Load Power Shift Staffing Calls for Service 350 - 300 - 250 - 200 - 150 - 100 - 50 0 350 - 300 - 250 - 200 150 - 100 - 50 0 EEEEEEEEEEEEEEEEEEEEEEEE ni ni ni ni ni ni ni ni ni ni i ni ci ci ci ci ci ci ci ci ci ci ci ci 0 0 0 0 0 0 0 0 0 0 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o N ,-i N c'f; 4 Cr; Li; N 00 (5.; 6 ,-i iNi N c'f; 4 Cr; Li; N 66 Cr; d ,-i ,-1 L_ _ 11 Enhanced and Dedicated Property Crime and Drug Investigations: The number of Spokane Valley property crimes has increased from a low in 2007 of 7,338 to a high of 10,328 in 2012 for a total increase of 41% during that time. The police department has made numerous high profile arrests of property theft rings recently but can only solve cases that they have the manpower to work. In the most recent year there were nearly 500 cases that were unassigned due to lack of personnel. Shifting two patrol corporals to property crime detectives will provide needed personnel while combining property crime and drug investigators and putting them under the control of Spokane Valley command staff will create a dedicated, enhanced investigative unit that will tackle the property and drug crimes that are inextricably linked. Having all property crime and drug crime investigators as dedicated Spokane Valley officers will insure that we have the appropriate number of personnel that are focused on solving current Spokane Valley crimes and preventing future crimes while continuing to work regionally with other agencies. These officers will be under the supervision of the Spokane Valley command staff and under a single command structure instead of a split structure. As property and drug crimes are often comingled, a combined effort to solve and prevent these crimes is more effective and efficient. Current Property Crimes and Drug Structure Dedicated Property Crimes (City Control) 1 Sergeant 6 Detectives Proposed Property Crime and Drug Structure Corporals 2 Detectives Shared Investigative Task Force (County Control) (City pays about 50 %) 1 Sergeant 6 Detectives Shared ITF 3 Detectives Dedicated Property and Drug Crimes (City Control) 1 Sergeant 11 Detectives 12 Cost and Funding Options Current Methodology Cost Impact: Cost Per Commissioned Officer = $150,000 X 2 • Adjusted for 2014= $154, 866 X 2 = S309.732 (Includes Support Staff, M &O, Overhead, Equipment) Potential Additional Cost Impacts Impact from Position Changes — Minimal Impact to Commissioned Officer Rate: • 2 Corporals to 2 Detectives = No Change • 3 Corporals to 3 Sergeants = $28,396 • 1 Corporal to 1 Deputy = ($25,389) Impact from Usage on Radio and Dispatch costs (More officer initiated calls) = $35,000 Academy Costs = $6,090 Subtotal Additional Cost Impacts = S44.097 Total First Year Costs = $353,829 Recurring Costs = $347,739 Additional Recommended One -time Expenses Precinct Building Improvements = $50,000 (Cubicles, Work Station Improvement) Opticom Traffic Signal Controllers = $19,384 Subtotal One -time Expenses= S69.384 Total Staffing Costs + One -Time Expenses = $423,213 * Additional Patrol Officers could result in a greater number of cases entering the criminal justice system resulting in increased Spokane Valley usage and increased costs for other Public Safety Contracts. 13 Goals and Measures • Percentage of Calls for Service Responded to by Officers • Average Response Time by Priority Type of Call (Based upon ability of CAD system) • 1/3 or greater of all incidents will be Deputy initiated — (ICMA Best Practice — Proactive Policing) • Percentage of property crime cases worked • Citizen satisfaction • Maximize Officers per Shift — Schedule based upon seasonal and time of day call load, lieutenants approve less than 7 patrol officers per shift. 14 Conclusion The goal when embarking on this study was to ensure that every opportunity to maximize efficiency was explored prior to considering adding personnel. The Spokane Valley Police Command Staff identified several opportunities to enhance the service delivered to the citizens. The result is a plan that is a combination of enhancements to existing services while utilizing two new patrol officers in the most efficient way possible. • Add two (2) new Patrol Deputies to the law enforcement contract. • Reassign six (6) Patrol Corporals. Use Patrol Corporals to create one (1) Power Shift Deputy, three (3) Patrol Sergeants, and two (2) Property Crime Detectives. • Create a Patrol Power Shift that overlaps the Day and Night Shifts to match the highest staffing levels with the highest call loads. • Increase Property Crime Detectives by two (2) (by shifting corporals) and combine all property crime and drug crime detectives into one dedicated Spokane Valley unit with a single sergeant supervisor. • Add traffic signal controllers to new patrol SUVs to increase response times and enhance safety for officers and citizens. • Invest in safe and functional work spaces in the precinct building. Maximize staffing levels per shift 15 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 18, 2014 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Public Record Act training GOVERNING LEGISLATION: RCW 42.56; SVMC 2.75 PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: Staff will provide training on the City's obligations under the Public Record Act under chapter 42.56 RCW, and its local implementation under chapter 2.75 SVMC. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: PowerPoint presentation PUBLIC RECORD ACT TRAINING - CITY COUNCIL Cary Driskell, City Attorney The Public Record Act — RCW 42.56 Historical background - Adopted in 1972 by Initiative 276 - Codified by Legislature under RCW 42.17 - Re- codified by Legislature in 2005, RCW 42.56 Strongly worded mandate - statute The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments they have created. RCW 42.56.030 Strongly worded mandate - courts The PRA is the "preservation of the most central tenets of representative government, namely, the sovereignty of the people and the accountability to the people of public officials and institutions:' Progressive Animal Welfare Society v. University of Washington, 125 Wn.2d 243, 251 (1994) "Public ecord" definition Relevant portion of definitions states as follows: "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics ,..... "Public Record" definition Most important parts are: (1) "writing" (Z) "relating to the conduct of government or the performance of any governmental or proprietary function'; and (3) "owned, used, or retained by any state or local agency II "Writing" definitior "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. "Writing" definition — 2.0 E -mails Tweets Text messages Transitory postings on Facebook Meta -data "Meta- data" Metadata is automatically- generated information, embedded in an electronic document, which shows the document's history, tracking, and /or management. It is basically an historical journal of a document. It tells when it was created, when it was modified, by whom, when it was opened, saved, its size, etc O'Neill v. City of Shoreline, 170 Wn.2d 138 (2010) Identity or motivation of requester Agency cannot demand the identify or motivation of the requester as a condition of providing the records Agency duty to respond Local governmental entities are mandated to adopt and enforce reasonable rules governing how the agency shall respond to requests. RCW 42.56.10o. Spokane Valley has done that through adoption of SVMC 2.75 Agency "best practices" 1. Entity management attitude 2. Training 3. Prioritizing requests 4. Tracking requests 5. Effective monitoring 6. Central point of contact in the agency 7. Visible signage 8. Transparency and communication 9. User - friendly website 10. Good records management and information technology 11. Appropriate copying charges 12. Using the installment method for large requests 13. Communicate agency appeal process for record denials 14. Documenting the request process ''RA v. discovery rules Agency cannot deny request because of ongoing suit Litigation party can file both a PRA and a discovery request Scope of what you can get under PRA is broader re: not limited to relevance in relation to the controversy prompt response required Must respond within 5 business days: (1) providing the record; (Z) 2010 change allowing agency to respond by directing to on -line version (3) acknowledging that the [agency] has received the request and providing a reasonable estimate of the time the [agency] will require to respond to the request; or (4) denying the record request Third party interest If an agency thinks there may be third party interest, it should notify the third party and advise them that the agency intends to release the records Provide third party with a reasonable time (i5 days) to file injunctive action if so inclined Helps protect the agency from a claim that the third party's right to privacy was violated. What do you really want? Request for clarification Request for information, not a record No duty to make record, but the City may want to if it is more convenient for us to do so Location of record Location not critical factor, nature of record is what is critical (relates to conduct of government or performance of governmental or proprietary function) Personal computer of staff or Council In possession of third party contractor? Charges for copies Can't charge for search /compiling /redaction time Default is $o.15 per page May require io% deposit for large requests Installments if request is large /time - consuming If installment not picked up within 3o days, no need to continue with the balance of the request Types of exemptions Initially only 10 in 1972 Now over 300 �ftnation not protected examples - Council and employee names - Council and employee salary - Council and employee benefits - Employee vacation /sick time used - Council and employee work e -mail address - employee length of service - Employee performance evaluations discussing specific instances of misconduct; otherwise protected Attorney work product RCW 42.56.290 - "[r] ecords that are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts are exempt from disclosure under this chapter." The records at issue must relate to completed, existing, or reasonably anticipated litigation. Morgan v. City of Federal Way, i66 Wn.2d 747 (2009); Dawson v. Daly, 120 Wn.2d 782 (1993)• Attorney - client privilege RCW 42.56.070(1) contains what is commonly referred to as the "other laws" exemption to disclosure. It specifically states in pertinent part that "each agency ...shall make available ...all public records unless [exempt under the PRA] or other statute which exempts or prohibits disclosure of specific information or records." RCW 5.60.06o(2)(a) states that "[a]n attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment." Exemption logs A response denying a record request must sufficiently describe the withheld records individually by stating: (a) the type of record withheld, (b) the date of the document, (c) number of pages being withheld, (d) the author and /or recipient of the document, and (e) the specific exemption (including RCW provision) relied upon for each individual record, rather than generally asserting, for example, that deliberative process exemption applies as to all withheld documents. New cause of action New cause of action for inadequate search Relied on FOIA precedent If an agency learns facts that suggest a search of an additional location or source might reasonably be expected to uncover responsive records and fails to do so, then the agency cannot ignore that lead. Failure to look where records would reasonably be found is a violation of the Act itself subject to penalties and fees Penalties RCW 42•56.550(4) provides that it "shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record." how much of a fine to assess is based on two steps: (i) count the number of days the party was denied access to the records, and (z) determine the appropriate per day penalty, up to sioo per day depending on the nature of the denial No daily penalty for each document - Yousoufian v. Sims, 152 Wn.ad 451 (2004) determining amount of penalty Mitigating factors are: the lack of clarity of the request; an agency's prompt response or legitimate follow -up inquiry for clarification; good faith, honest, timely, and strict compliance with all the procedural requirements and exceptions; whether there was proper training and supervision of personnel; the reasonableness of any explanation for noncompliance; helpfulness of the agency to the requestor and the existence of systems to track and retrieve public records. determining how much penalty Aggravating factors that increase a penalty are: a delayed response, especially in circumstances making time of the essence for the requester; lack of strict compliance with all the procedural requirements and exceptions; whether there was a lack of proper training and supervision of personnel and response; unreasonableness of any explanation for noncompliance (negligent/ reckless/wanton/bad faith/intentional n n co m li n ce wit h the PRA); dishonesty; potential for public harm, including economic loss or loss of accountability; governmental accou tab ty, personal economic loss for requester; determining a penalty amount sufficient to deter future misconduct considering the size of the agency and the facts of the case. determining how much penalty Good faith? Zink v. City of Mesa, 140 Wn. App. 3Z8 (ZOOS) - large and frequent record requests by former Mayor materially interfering with operation of clerk's office Trial court was sympathetic ( "substantially complied", full compliance amounted to "practical impossibility'; and that the requests amounted to unlawful harassment) Court of Appeals disagreed, finding strict compliance required, not substantial. Penalty and fees of $246,000 Attorney fees The prevailing party is entitled to "reasonable attorney fees" and costs of suit. Questions? DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of March 13, 2014; 9:15 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings March 25, 2014, Formal Meeting Format, 6:00 p.m. [due Mon, March 17] 1. PUBLIC HEARING: Interim Marijuana Regulations — Erik Lamb (10 minute) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. Second Reading Ordinance 14 -003 Amending Permitted Use Matrix — John Hohman, Mike Basinger (15 min) 4. Motion Consideration: SRTC Call for Projects — Steve Worley (10 minutes) 5. Motion Consideration: Contract Amendment, Law Enforcement — Mike Jackson, Morgan Koudelka (15 min) 6. Admin Report: STA Bus Shelters — Eric Guth 7. Admin Report: Advance Agenda 8. Info Only: Department Monthly Reports (10 minutes) (5 minutes) [ *estimated meeting: 70 minutes] April 1, 2014, Study Session Format, 6:00 p.m. 1. Comp Plan Amendments (CPA 2014) Admin Report — Lori Barlow 2. Proposed Findings of Fact, Interim Marijuana Regulations — Erik Lamb 3. Training- Open Public Meetings Act (OPMA) — Cary Driskell 4. Advance Agenda [due Mon, March 24] (20 minutes) (15 minutes) (30 minutes) (5 minutes) [ *estimated meeting: 70 minutes] April 8, 2014, Formal Meeting Format, 6:00 p.m. [due Mon, March 31] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Proposed Ordinance Adopting Findings of Fact, Interim Marijuana Regulations — Erik Lamb (15 minutes) 3. Admin Report: Appleway Trail Grant — Mike Stone (15 minutes) 4. Admin Report: Advance Agenda (5 minutes) [ *estimated meeting: 40 minutes] April 15, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda [due Mon, April 7] (5 minutes) [ *estimated meeting: minutes] April 22, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. First Reading Proposed Ordinance, Comp Plan Amendments — Lori Barlow 3. First Reading Proposed Ordinance, Comp Plan Map — Lori Barlow 4. Proposed Resolution, Appleway Trail Grant — Mike Stone 5.Admin Report: Advance Agenda 6. Info Only: Department Monthly Reports April 29, 2014, No Meeting May 6, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda Draft Advance Agenda 3/13/2014 10:11:03 AM [ *estimated [due Mon, April 14] (5 minutes) (15 minutes) (10 minutes) (10 minutes) (5 minutes) meeting: 45 minutes] [due Mon, April 28] (5 minutes) Page 1 of 2 May 13, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Proposed Ordinance, Comp Plan Amendments — Lori Barlow 3.Second Reading Proposed Ordinance, Comp Plan Map — Lori Barlow 4. Admin Report: Advance Agenda May 20, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda May 27, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda 3. Info Only: Department Monthly Reports June 3, 2014, Study Session Format, 6:00 p.m. 1. Advance Agenda June 10, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda [due Mon, May 5] (5 minutes) (10 minutes) (10 minutes) (5 minutes) [due Mon, May 12] (5 minutes) [ *estimated meeting: minutes] [due Mon, May 19] (5 minutes) (5 minutes) [due Mon, May 26] (5 minutes) [due Mon, June 2] (5 minutes) (5 minutes) June 17, 2014, tentative date: Budget Workshop, 8:30 a.m. to 4:30 p.m. [due Mon, June 9] No evening meeting June 17, 2014 June 24, 2014, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda 3. Info Only: Department Monthly Reports OTHER PENDING AND /OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Avista Electrical Franchise AWC June 2014 conference CDBG (Comm Dev Block Grants) Coal /Oil Train Environmental Impact Statement Fire and Life Safety Code Future Acquisition Areas Historic Preservation Interim Marijuana Regulations expire Aug 11, 2014 Public Safety Contract, Proposed Amendment Sports Commission Update Stormwater Swales, care of Street Vacation/Connectivity Process Urban Agriculture (animals, bees, etc.) *time for public or Council comments not included [due Mon, June 16] (5 minutes) (5 minutes) Draft Advance Agenda 3/13/2014 10:11:03 AM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 18, 2014 Check all that apply: ❑ consent ❑ old business ® information ❑ admin. report Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Ecology Stormwater Grant — Notice of Award GOVERNING LEGISLATION: RCW 90.48, Chapter 173 -200 WAC, Title 33 U.S.C. 1251 -1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. PREVIOUS COUNCIL ACTION TAKEN: Approval of Stormwater Capital Improvement Plan 2014 -2019, May 28, 2013. BACKGROUND: City staff applied for Ecology Grant funding in June of 2013 for the Broadway, Havana to Fancher SD Project. The project is listed in the City's Stormwater Capital Improvement Plan 2014 -2019. The project ranked high, but was just below the initial Ecology grant funding cutoff level. Since the initial ranking, Ecology has received funding back from other stormwater projects from across the state that came in under budget or did not proceed to construction for various reasons. With the return of previously encumbered funds, Ecology recently notified City staff that $953,000 in grant funding is available for the Broadway, Havana to Fancher SD Project. This represents a 75% match for up to $1.27 million in total project costs. The 25% City match of $317,000 would come from the 403 account, principally in 2015. The project would need to be completed by June 30, 2015 to receive eligible funding from Ecology. The Broadway, Havana to Fancher SD project will offer additional protection or eliminate up to 38 stormwater drywells. These facilities were identified as having a relatively higher threat to groundwater as compared to other stormwater facilities in the City. Broadway Avenue in this area has a higher stormwater pollution probability due to large traffic counts in a commercial and industrial zone. City staff will proceed with finalizing a funding agreement with Ecology, continue with design in 2014, bid in late 2014, and construct in spring 2015 to take advantage of the current funding opportunity for this project. OPTIONS: None at this time. RECOMMENDED ACTION OR MOTION: None at this time. Upon receipt of grant agreement, staff will bring back for Council approval. BUDGET /FINANCIAL IMPACTS: The Broadway, Havana to Fancher SD project has a planning level budget of $1,270,000. The City would be required to match 25% of expenditures. STAFF CONTACT: Eric Guth — Public Works Director; Art Jenkins — Stormwater Engineer ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 18, 2014 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ['admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: School Zone Flashing Beacons — Program Update GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: At the Council Meeting on March 11, 2014 Council requested an update on the School Flashing Beacon Program. BACKGROUND: The Washington Traffic Safety Commission (WTSC) School Zone Flashing Beacon (SZFB) program allows local agencies and school districts to apply for funding to purchase and install school zone beacons at elementary and middle schools. A school zone contains two (2) flashers. WTSC provides funding up to $7,500 per school zone. Typically, the City has to cover a portion of the equipment cost since the grant does not cover all of the project costs. In 2013 WTSC awarded the City funding for two new school zones at Adams Elementary (beacons to be installed on Adams Road) and for McDonald Elementary (beacons to be installed on McDonald Road). The equipment was received in December, and will be installed later this month. Within the City limits, there are 27 public elementary and middle schools. After these beacons are installed, the City will maintain 36 individual beacons at sixteen (16) different schools. This will leave elven (11) schools without beacons. The SZFB are installed based upon a prioritization with input from the School District and Police. These zones are prioritized based upon characteristics such as highest traffic volumes, traffic speeds, and uncontrolled crosswalks. The City typically confers with the patrol officers and school districts to develop a priority list for locations having the greatest need. It should be noted that the City does not consider Trent Elementary and N. Pines Middle School as candidates for SZFB since the major crossings for these schools are along a state highway, and have not been supported by WSDOT in the past. Typically WTSC has had a call for SZFB projects every two years. It is anticipated that the next call for SZFB projects will be in 2015. OPTIONS: n/a RECOMMENDED ACTION OR MOTION: None. BUDGET /FINANCIAL IMPACTS: None. STAFF CONTACT: Eric Guth, Public Works Director ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 18, 2014 Check all that apply: ['consent ❑ old business ® information ['admin. report AGENDA ITEM TITLE: Left -turn medians GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None Department Director Approval: El ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session BACKGROUND: A concerned citizen requested the City to review the following items. Preliminary Traffic Engineering responses are provided in italics: Move the median away from the intersection so that trucks can maneuver the left -turn without hitting the concrete divider: The practice of installing medians has changed over the years. In the beginning medians and double yellow lines were extended to the crosswalk. More recently, the common practice is to install stop bars and not extend the medians and /or double yellow striping all the way to the stop bar, which is typically now located 4' to 10' back from the crosswalk. The City does have intersections where the median extends to the crosswalk, and staff is evaluating each location, and will make improvements or bring to Council for discussion as necessary. Move the stop bar further from the crosswalk at intersections so that trucks may maneuver the left -turn without impacting traffic: The industry standard is to locate the stop bars from 4' to 10' back from the crosswalk to enhance the visibility and safety of the pedestrian. In general, all of the City stop bars are located within this distance. If there are locations that need to be corrected staff will work with the striping contractor to remove the old stop bar, and reinstall the new one the proper distance back from the crosswalk. Revisit the lane assignments on Thierman, between Sprague and Appleway, to allow a shared through -left turn lane: The majority of traffic volumes utilizing the intersections of Thierman with Appleway and Sprague are through traffic volumes. As such, the emphasis on moving east -west traffic is of the highest priority for efficient travel. Making lane adjustments on Thierman would require phasing changes to the traffic signals, and would impact the traffic flows on Appleway and Sprague. The request to make the northbound through lane into a shared through -left turn lane could lead to the `trapping of vehicles' as the inside turn lane would likely turn into the lane leading to the Sprague on -ramp with 1 -90. In addition, traffic signal modifications (signal heads and wiring), signing changes, striping changes, and signal timing modifications would be required to make this operation as safe as possible by changing the traffic signal to split phase, which would negatively impact the coordination along Sprague. The split phase signal operation will require more green -time allocated to the north /south movements and will cause additional delay to the traveling public along Sprague. Similar concerns apply to the Appleway /Thierman intersection. At this time staff recommends periodic monitoring of these intersections, including conducting heavy vehicle counts and site observation to identify the number of incidents (trucks and cars blocking lanes) that occur daily. OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only BUDGET /FINANCIAL IMPACTS: None. STAFF CONTACT: Sean Messner, Senior Traffic Engineer Eric Guth, Public Works Director ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 18, 2014 Check all that apply: ❑ consent ❑ old business ® information ['admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Public comment regarding gender identity issues and public restrooms GOVERNING LEGISLATION: RCW 49.60 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: On March 11, 2014, a member of the public provided public comment regarding concerns she had about the legality of men dressed as women that use women's public restrooms. Her specific question was whether the City could adopt a Code provision prohibiting men from using women's public restroom facilities, and assumedly, prohibiting women from using men's public restrooms. This issue is addressed in chapter 49.60 RCW, Washington State's Law Against Discrimination. RCW 49.60.030 in pertinent part as follows: (1) The right to be free from discrimination because of ...sexual orientation... is recognized as and declared to be a civil right. This shall include, but not be limited to: (b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; (2) A person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorney fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988. (3) ...[a]ny unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce. RCW 49.60.040(26) defines "sexual orientation" as meaning "heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, `gender expression or identity' means having or being perceived as having a gender identity, self- image, appearance, behavior, or expression, whether or not that gender identity, self- image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth." RCW 49.60.020 states in relevant part that "[t]he provisions of this chapter shall be construed liberally for the accomplishment of the purposes hereof." The Washington State Human Rights Commissions is tasked with enforcing the Law Against Discrimination. In a "frequently asked questions" provision on their website, the following question was asked in relation to an employer's obligation regarding providing restrooms for transgendered individuals: Q. What is the employer's obligation regarding restrooms? If an employer maintains gender- specific restrooms, transgender employees should be permitted to use the restroom that is consistent with the individual's gender identity. Where single occupancy restrooms are available, they may be designated as "gender neutral." All employers need to find solutions that are safe, convenient and respect the transgender employee's dignity. Although it is possible that the answer may be different outside of an employment situation, it does not appear to be. This raises a question as to how one is to know whether the individual is in the bathroom because they are transgendered, or because of prurient interests. In short, we don't know. It should be noted that regardless of why a person is in a restroom, a person is not entitled to peer into another stall at a person, which would likely be considered voyeurism pursuant to RCW 9A.44.115. Based on the cited law, it would appear that if the City were to adopt a Code provision prohibiting all men from using women's public restrooms, and all women from using men's public restrooms, it would likely violate state (and probably federal) law. The City could then be subject to the various penalties identified in RCW 49.60.030(2), including injunctive relief, monetary damages, reasonable attorney fees, and any other remedy the Court thinks is appropriate under the circumstances. OPTIONS: NA RECOMMENDED ACTION OR MOTION: Take no action. BUDGET /FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: