Loading...
2016, 01-19 Study Session MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley,Washington January 19,2016 Attendance: Councilmembers Staff Rod Higgins, Mayor Mike Jackson, City Manager Arne Woodard,Deputy Mayor Cary Driskell, City Attorney Dean Grafos, Councilmember Erik Lamb, Deputy City Attorney Chuck Hafner, Councilmember John Hohman, Comm &Economic Dev. Dir Ed Pace, Councilmember Chelsie Taylor, Finance Director Sam Wood, Councilmember Rick VanLeuven, Police Chief Bill Gothmann, Councilmember Pro Tern Mike Stone, Parks&Rec Director Eric Guth, Public Works Director Christine Bainbridge, City Clerk Mayor Higgins called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. A. Current Spokane Valley Police Department Immigration Practices and Policies—Sheriff Knezovich Spokane County Sheriff Knezovich extended thanks for being invited to tonight's meeting; said he is here to answer questions and discuss some recent issues about the Sheriff's office. Concerning uniforms,Sheriff Knezovich explained that there are three types of uniforms: black jumpsuit, green jumpsuit, and kaki uniform;that they are currently transitioning away from the black jumpsuit as it has negative connotations; said he doesn't like it nor do Spokane Valley residents;said it will take time as stopping use of that jumpsuit immediately would have budget ramifications, and he estimated they will be gone in about two years.The Sheriff also mentioned he is "not a fan of changing to navy blue" but would entertain any combination or color, adding that there are already several agencies in the area that wear navy blue. Concerning cars, he said he would not make any changes in the police department without running that by staff, and he mentioned that they are trying to purchase vehicles and get Spokane Valley to a "take-home car" status; said they did that in the unincorporated area and it saves time during shift changes, and get the officers in- service a lot quicker. The Sheriff said they are also buying used cars for patrol; said his car budget in 1999 was $680,000 and in 2016, it is $513,000; and considering inflation, the vehicles are more expensive now than in 1999. To stretch the budget and remain fiscally conservative, he said they found ways to make that dollar stretch; and said changing vehicles from other agencies cost about $1800 a car. Regarding Chief VanLeuven not having a voice, Sheriff Knezovich said that is not true; said the Chief speaks on Spokane Valley's behalf, and speaks at numerous events. Sheriff Knezovich also mentioned and applauded the accreditation process of the Spokane Valley Police Department; said that the Chief runs an entire division and is autonomous, and some of the myths that have circulated are just not true; said we have a great voice with Chief VanLeuven and that he is one of the best law enforcement officers the Sheriff has had an opportunity to work with. Councilmember Hafner asked about unmarked cars, and Sheriff Knezovich said that the law permitting unmarked cars has been in existence since about 1976;said the former Undersheriff raised the issue in 2010 and was informed that the state statutes are very clear about authorizing the use of unmarked cars and that he has spoken with many attorneys across the state and has heard nothing to the contrary; said he will mark Council Special Study Session:01-19-2016 Page 1 of 5 Approved by Council:02-09-2016 whatever cars Council wants him to, but in doing so, it means giving up certain investigative techniques adding that not many people consider this a major issue or he would have heard more about it. Councilmember Grafos asked about the resolution on immigration and what the policy is for the Sheriff's Department, and how big of a problem it is; for example, does the Sheriff's Office work with federal authorities and/or the border patrol. Sheriff Knezovich said that law enforcement officers uphold the Constitution of the United States and of the State of Washington; said we don't live in a sanctuary city,we live in a sanctuary nation as those laws aren't being enforced; said representatives from ICE(United States Immigration and Customs Enforcement)gave a presentation at a Sheriff Officer's association meeting and halfway through, it got a little tense as ICE was telling them what they needed to do and the Sheriff Officers asked why ICE wasn't coming when called about illegal aliens; said it just isn't happening and it is very frustrating across the state as ICE is not responding to pick up illegal aliens; said ICE informed them they would only get involved with an illegal alien when a felony was involved,but even that was not a guarantee for deportation. Sheriff Knezovich said this is a major problem and not just recently; that about five years ago a Washington State Supreme Court Justice meet with the Sheriff Officers and chewed them out for arresting illegal aliens as they were leaving the court; which he said makes it difficult to know whether or not to arrest people; said if he or his officers run across an illegal alien, they will be held and the proper federal authorities will be called; but said they can only be held for a very short time; said unlike Yakima Grant County, Tri-Cities or elsewhere, we do not have a major illegal problem here; said they arrest a lot of people from Mexico connected with the drug trade; and that they are doing an analysis on people in gang/drug trade that are actually illegal aliens, but said there really isn't a huge legal issue in this area. Mayor Higgins said that the intent of the resolution was to let law enforcement know that the Council has their back. Sheriff Knezovich said the resolution is very clear, and thinks the confusion stems from discovering this issue from a reporter; said he was not aware of this issue before that report,adding that the resolution is stating what the Sheriff's Office is already doing.In response to Councilmember Gothmann's question about how long an illegal alien would be held, Sheriff Knezovich said hours, not days;that once the charge is over,they call ICE and when the individual is set to be released and if ICE doesn't come, said the individual would be released. Councilmember Hafner asked how the Sheriff's Office determines if someone is an illegal immigrant. Sheriff Knezovich said individuals are not required to show identification in order to obtain a driver's license, so just because someone has a Washington driver's license, doesn't mean they are not illegal; said that is usually found out through investigation; said officers do not ask legal status; said there are many legal immigrants, and the last thing the officers want is to get into a profiling issue. Councilmember Grafos stated that whether there is a resolution or not, the Sheriff's Office hasn't changed their policy; and Sheriff Knezovich agreed; and said if our City had declared it was a sanctuary city, the Sheriff's Office would still enforce the law. Sheriff Knezovich said he would be happy to give other reports and/or updates to Council in the future. 1. Mining Moratorium—Erik Lamb Deputy City Attorney Lamb explained the background of this moratorium renewal, which he said is permitted by state law based on following certain required steps, as noted in his January 19, 2016 Request for Council Action form. As discussed during the prior administrative report and public hearing,Mr.Lamb explained that the moratorium may be renewed with modifications if Council desires,however,he strongly recommends that it be done in general"use"terms in a manner similar to what is already included in Section 2(C)of Ordinance 15-013 rather than on a parcel-by-parcel basis as suggested in previous public comments. Mr.Lamb explained that section 2(C)excludes mining operations"that were in existence and in continuous and lawful operation"as of the effective date of Ordinance 15-013. Mr.Lamb said staff want to help ensure the moratorium does not inadvertently become a form of site-specific regulation, which could happen if done on a parcel-by-parcel basis, and that it might appear as if the moratorium were being converted to quasi-development regulations,which he said could expose the City to legal challenges.After Council/staff discussion,it was determined to include a modification for the ordinance findings first reading,to state that Council Special Study Session:01-19-2016 Page 2 of 5 Approved by Council:02-09-2016 the moratorium not impact existing mining operations and those that received a SM-6 [County or Municipality approval for surface mining] prior to the establishment of the moratorium, such as those like the Eden Pit, which he said would give full effect to Council's desire that the moratorium not impact existing and ongoing business operations. 2. City Hall Update—John Hohman Community and Economic Development Director Hohman explained that staff is working on the exact bid document for the package that will be going out shortly; said the project is on budget and on-target; that there will be two alternate bids for the expansion of the basement as discussed previously, for either a medium or a full basement;said that staff will get the bid out and will return to Council for discussion after the bids come in; said he anticipates he should have a complete set of plans by next month and hopes it will be able to be permitted once there is a contract. Mr. Hohman said staff is working on some of the environmental work now such as SEPA (State Environmental Policy Act) requirements; said the traffic study is complete and they are working concurrently with the design going forward.To keep the project on budget some changes were made such as the deletion of the depiction of the river running through the lobby and through the site, and although the library proposal won't be occurring across the street as originally thought, a change there could happen later. One of the concerns, Mr. Hohman explained, was the noise in the lobby if there were hard tile floors, so they are proposing 75%of that be carpeted although there would be tile entryways at both entrances. Mr. Hohman said that undergrounding utilities falls outside our franchise agreement so it would be a city cost;said conservative estimates for undergrounding utilities were between$125,000 and$150,000, but that could be included as an alternate cost,which all could be decided when the bids come in. Councilmembers expressed their desire that the project stay within budget. In response to Councilmember Gothmann's question about the cost of undergrounding utilities at a future date, Mr. Hohman said the cost would be significantly higher and said staff could investigate the cost of just installing the conduit,which he estimated at about$60,000.The question came up about the library proposal and Mr. Jackson said he telephoned Nancy Ledeboer previously but will call her again to see when the Board will be holding their next meeting. 3. Police Reaccreditation Report—Chief VanLeuven Via his PowerPoint presentation,Spokane Valley Police Chief Rick VanLeuven provided some background on the Police Department's Accreditation process, including the purpose of accreditation, some of the standards assessed during the accreditation, benefits to the community, and the on-site assessment, evaluation and review phases. Chief VanLeuven said that only 56 out of approximately 300 Washington State agencies are accredited. There was brief Council discussion about the many facets of the Police Department and accreditation process. It was also suggested that Chief VanLeuven give a report once a month to discuss some of the various topics associated with the Police Department. Chief VanLeuven said he would work with the City Manager on that suggestion,and said the Police Department's Monthly Report, which is included as part of a council packet, is very detailed and covers a variety of topics and challenges. Mayor Higgins called for a recess at 7:30 p.m.; he reconvened the meeting at 7:39 p.m. 4. Council Training Open Public Meeting Act; Public Records Act—Cary Driskell, Erik Lamb City Attorney Driskell explained that state law changed a few years ago and now Councilmembers, as well as members of some committees such as Planning Commission and Lodging Tax Advisory Committee, must receive training on the Open Public Meeting Act, and the Public Record Act. He also mentioned that annual training is provided to Council and to all staff. Deputy City Attorney Lamb went over the basics and background of the Public Record Act, followed by Deputy City Attorney Driskell doing likewise for the Open Public Meetings Act, and briefly discussed the Appearance of Fairness doctrine. Council Special Study Session:01-19-2016 Page 3 of 5 Approved by Council:02-09-2016 5. Draft Comment Letter Regarding Tesoro Savage Energy Distribution Terminal Facility—Mike Jackson City Manager Jackson gave a brief history of this facility proposal, mentioned our Public Hearing and the State's Public Hearing; and regarding the suggestion of Council sending a letter to the Energy Facility Site Evaluation Council, which is the entity that evaluated the project, said a draft letter has been placed at the Council dais. Mr. Jackson said the letter has changes from last week and that it mentions what we found missing or incorrect; said the letter focuses on concerns with impacts, safety, transportation, air quality, noise and economic development; as well as that we don't have the resources to provide emergency response and could not support the project until definitive plans are in place to determine resources and to have an effective mitigation plan. Mr. Jackson said the letter is due Friday and suggested mailing it Thursday. Deputy Mayor Woodard suggested adding the concern about the sole source aquifer and how one derailment could have a dramatic effect on our water systems. After further brief discussion, it was determined that the letter will be finalized and signed by each Councilmember. 6. Advance Agenda—Mayor Higgins Councilmember Wood proposed that Council consider at a future Council meeting, a resolution dealing with new WAC 162.32.060 passed by the Human Rights Commission December 26, 2015, that allows males who claim female gender identity, to use female bathrooms in schools, parks, and businesses; said he heard from several citizens that this is a concern; he mentioned Council's CORE beliefs as noted in the business plan; he said this would be an expression of policy and that he wants more than a formal motion. Councilmember Hafner said he has no problem with this provided the governance manual is followed. Councilmembers Grafos and Gothmann also stated they have no objection in moving this forward for discussion.Councilmember Wood said he has drafted a resolution which can be distributed to Council,and that the City's staff and legal department can review the proposed document. Mr.Jackson said he will work with the committee and bring this forward for Council discussion. Councilmember Hafner mentioned the City of Spokane's desire to go for a one or two-tenths tax to fund a central city bus line and that the City of Spokane would be doing that by themselves; that it sounds like they were told that if the STA (Spokane Transit Authority) Board would not go for a sales tax increase by the end of 2016,that they would do that by themselves; and said he thinks there are some implications our City needs to consider to make sure there is a clear understanding of what that means to us;and said perhaps this can be discussed at the upcoming workshop meeting. Mr. Jackson said staff can provide background on how to address this topic. 7. Council Comments—Major Higgins Councilmember Gothmann said that while he was in Arizona, he did some research on Roger Sherman, a Connecticut man and one of the United States Founding Fathers who liked to have both sides of the issues discussed;and he suggested that two weeks ago Council could have followed Mr.Sherman's example when a Councilmember,with no forewarning,brought up a proposed resolution concerning immigration;said he, his fellow councilmembers and the public were blindsided with this proposed document; and he urged Council to resolve to work together while serving the community. Councilmember Grafos said he wanted to correct the record a little concerning that meeting where the non- sanctuary city resolution was brought up; said he has been a real estate broker since the 70's; said at that pervious meeting it was brought up that as part of every real estate transaction sales agreement, the real estate agent is responsible to disclosure and determine if the person is an illegal immigrant; he said the correct interpretation is that there is simply a check mark on the real estate agreement about seller citizenship; said it was brought up about immigration and illegal people but that check mark is for the Foreign Investment in Real Property Tax Act of 1980,so when it goes to the closing attorney and if the box is checked, the IRS will be notified; said it is a tax issue and has nothing to do with immigration, and that the person responsible for that is the seller and the buyer and not the agent. Deputy Mayor Woodard said he would not respond. Council Special Study Session:01-19-2016 Page 4 of 5 Approved by Council:02-09-2016 8. City Manager Comments—Mike Jackson City Manager Jackson mentioned an e-mail that he and Council received from Mr. Kevin Twohig, of the Public Facilities District, suggesting he come to Council to present information concerning the proposed sportsplex. Mr. Jackson mentioned that Mr. Twohig has a slide presentation and he would ask for a copy of that as well. Council had no objection. Concerning the current legislative session,Mr.Jackson said he sent Council a report from Lobbyist Briahna Murray; said that Senator Padden has proposed Senate Bill 6215 identifying water rights for municipal water supply purposes,and changes to the definition to include irrigation,which he said could give a higher standing to those agricultural rights and said there could be a hearing on this Thursday, and said he wanted to give Council an opportunity to phone in support if so desired; said he doesn't have a lot of information but this would broaden the use of irrigation water and help ensure more water is available as the city develops.Councilmember Wood said he is chair of the Carnhope Water District and has been working with Senator Padden and that part of the irrigation rights are in jeopardy and that Senator Padden is working to get those rights converted over to municipal water rights, and said he is in favor of the bill. Other Councilmembers nodded in agreement. Mr. Jackson said there will be a hearing next week in Olympia concerning SB 5694, our nuisance abatement issue, and said he will send the City Attorney to testify if needed; said we are opposed to HB 1438,which would preempt cities' rights to ban marijuana unless by a vote of the people,and said he is uncertain how that would impact a moratorium;said Ms.Murray continues to bring up the Barker Overpass Project, although it is likely not to get funded. Mr. Jackson also mentioned that we have a signed contract with GSI (Greater Spokane, Inc.)for$7,500 to develop a plan and a study around forming port districts; said Mr. Ben Wick was attending the meetings, not as a formal appointment; said the group has some elected officials and they are beginning discussions on raising property taxes to raise the necessary funds;he encouraged one or more Councilmembers to attend that meeting.Also late this week or early next week,Mr.Jackson said the plan is to release the RFP(Request for Proposal) for a consultant to begin the study of providing solid waste collection; said staff will select the firm, and members of that firm will attend a Council meeting to discuss the future of the solid waste collection program. Mr. Jackson said that the workshop is scheduled for March 15 and the agenda has grown so some items will be removed,but the workshop will handle items along the lines of Council goals; and said he hopes to send Council a draft copy tomorrow. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed, to adjourn. The meeting adjourned at 9:00 p.m. AT • L.R. Higgins', or ristine Bainbridge, City Cler,, Council Special Study Session:01-19-2016 Page 5 of 5 Approved by Council:02-09-2016