2016, 01-26 Formal MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday,January 26, 2016
Mayor Higgins called the meeting to order at 6:00 p.m.
Attendance: Staff
Rod Higgins, Mayor Mike Jackson, City Manager
Arne Woodard, Deputy Mayor Mark Calhoun, Deputy City Manager
Dean Grafos, Councilmember Erik Lamb, Deputy City Attorney
Chuck Hafner, Councilmember Chelsie Taylor, Finance Director
Ed Pace, Councilmember Mike Stone, Parks& Recreation Director
Sam Wood, Councilmember John Hohman, Community&Econ. Dev Dir.
Bill Gothmann, Councilmember Pro Tem Erik Guth, Public Works Director
Rick VanLeuven, Police Chief
Christine Bainbridge, City Clerk
INVOCATION: Pastor Mike Graef of the Valley United Methodist Church gave the invocation.
PLEDGE OF ALLEGIANCE: Members from Cub Scout Troop 412 led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed
to approve the agenda. Mayor Higgins announced that because Deputy Mayor Woodard and
Councilmember Wood would be leaving early tonight to go to Olympia for the Legislative session, that
item 5a will be moved to immediately follow public comments.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE,BOARD,LIAISON SUMMARY REPORTS:
Councilmember Grafos: said he attended the Chamber's event where Councilmember Hafner was
acknowledged as the Citizen of the Year.
Councilmember Gothmann: reported that he too attended the Chamber event and extended congratulations
to Councilmember Hafner; mentioned the Valleyfest Cycle Celebration will be held July 31 this year.
Councilmember Pace: said the Governance Committee will meet shortly and asked that Council let him or
other committee members know if there are suggested changes.
Councilmember Wood: said he had no report except that he is headed to Seattle tonight to attend two days
of meetings with the Washington Legislators.
Councilmember Hafner:reported that he attended a 9-1-1 Board meeting and said there were almost 50,000
calls to crime check, and there were 185 wireless 9-1-1 calls; said the Health Board will be seeking a new
health officer; and mentioned the Spokane Transit Authority Operations Committee meeting.
Deputy Mayor Woodard: said he attended the Blake Road Community meeting here at City Hall where
citizens had an opportunity to talk about things they are trying to accomplish; and said we need another
discussion about that.
MAYOR'S REPORT: Said he attended a Greater Spokane, Inc. meeting, and went to the Chamber
meeting, and the Blake Road meeting where they discussed the issue of sidewalks.
Minutes Regular Council Meeting:01-26-2016 Page 1 of 7
Approved by Council:02-09-2016
PUBLIC COMMENTS: Mayor Higgins invited public comment.
Kayloni Bonner: said she supports any efforts to repeal the recently adopted proposal that would allow men
into female facilities; she supports Senate Bill 6443 to repeal the rules by the Commission in their entirety
and not make any other procedures;voiced concern of rulemaking authority as it bypasses the representative
system; said opposing argument is that it won't put females at risk but said that is not realistic; having men
behind closed doors in a facility would put women at risk and she implored Council urge repeal of those
measures.
Jay Bemis: spoke in support of the previous speaker's views; said that if this bill or law is passed it will
make it so that if his daughter has to use the bathroom and there is a man in there, that it would be legal;
said we have to make a stand and that people can't be subjected to a pedophile-friendly bill;that that is not
okay and it is evil.
Kris Pomeroy: said he is a volunteer at one of the local youth centers on the South Hill and works with a
lot of LGBT [lesbian, gay, bisexual, and transgender] youth and got to know hundreds of these kids; said
every day they run into discrimination and violence, including bathroom issues; said they have a high
suicide rate, many are homeless as parents kick them out and they face rejection; asked Council to please
consider that when considering this issue; said transgender people are not pedophiles and they don't want
to interfere with any kids or make anyone scared;these are women in various stages of transition; said his
birth gender is female so that would put people like him in a women's restroom; asked that both sides of
the argument be considered; asked that if he were to use the restroom, which would be more appropriate;
and who will stand at the door to check pants; said lewd conduct or assault is still illegal.
George Conrad: said he opposes the rules from the Human Rights Commission; feels the draft resolution
clearly states exactly what we want; said he feels women's right to privacy trumps those transgenders'
rights for self-expression;said transgenders don't need someone enabling or co-depending or assuring them
that their self-expression trumps everything else; said the Human Rights Commission is not legislation,and
you can't find their website; said that Commission is totally out of control.
Colton Gerard: said he is a resident of Spokane; said everyone is entitled to be safe including transgender
people; until about five months ago he was 100% woman; and now he has officially started treatment and
finds himself in a particular position; said he walked into a women's restroom and a little girl looked at him
very funny; that he finally went into a men's locker room for the first time and was terrified; said he likes
private changing areas; that they are not out there to be lewd,they just want to be safe.
Tony Lazanis: said he was surprised to see the article in the newspaper; said a few bureaucrats passed the
bill; that it is not right and he hopes we don't allow men and women to use the same bathroom; said it is a
bad law.
In the interest of time, Mayor Higgins announced that Council would continue with the agenda and will
hear more comments after new business.
5a. Administrative Report: Discussion on Proposed Resolution Regarding Gender-Segregated Facilities—
Councilmember Wood
Mayor Higgins said that next on the agenda is a discussion on the proposed resolution regarding gender-
segregated facilities;said we have two issues,one of which is since there is a hearing in Olympia tomorrow,
we might want to weigh-in on the issue and instruct our lobbyist to convey our wishes regarding Senate
Bill 6443; and the second issue is a resolution which has been proposed that this Council adopt; which he
said will be taken up next week at this time; but we are talking about the letter now, and he asked Council
for their thoughts. Councilmember Wood said he had no comment. Councilmember Hafner said he seeks
clarification; that he realizes that Councilmember Wood brought this proposal to Council; and we want to
make sure the proposed resolution is legal. Councilmember Gothmann said as a point of order,that we are
working on the letter and not the resolution, and Mayor Higgins concurred. In answer to Councilmember
Hafner's question of what is Council working on, Councilmember Gothmann said we are working on the
letter from the City Council; and Councilmember Hafner replied that in that case,he will reserve comments
Minutes Regular Council Meeting:01-26-2016 Page 2 of 7
Approved by Council:02-09-2016
on the resolution for before Deputy Mayor Woodard and Councilmember Wood leave for the evening. Also
as a point of order, Councilmember Gothmann said the letter ties directly with the resolution,and he asked
how could one be discussed without the other and said that there are a lot of people who wanted to testify
about the resolution,and it was on the agenda and now that issue is being broken off. Mayor Higgins said
there are two different instruments; one addresses if we are going to support Senate Bill 6443, and the
resolution that states a position of council will be taken up separately; and said the resolution will be on the
agenda next week.
In response to previous comments about the draft letter,Councilmember Pace said Council saw it earlier as
the City Manager e-mailed it to Council previously; said it should be just like any other letter that the
Council would consider taking a stance on in sending to the legislature; said he is ready to sign the letter.
Deputy Mayor Woodard said he thinks the letter is necessary; said the rules have changed the emphasis;
said men's and women's restrooms are different; women do different things in a restroom like fixing their
hair, nursing babies,etc., said it is a privacy issue and the security issue is huge to them; said he would like
the rules repealed; said it doesn't repeal gender identity which is a protected class which has rights but that
those rights aren't necessarily superior rights; and said the letter is good and Council can discuss the
resolution next week. Councilmember Hafner said there is no question that the letter states what the Council
wants to do; but there is a due process for the people to have a hearing and talk and discuss the issue without
him being forced to sign a letter because a hearing is tomorrow;said there are two bills trying to repeal this,
and he suggested Council let the legislators do their job, and said Council hasn't had discussion about the
previously proposed resolution; that Council should have thorough discussion in order to make the
appropriate decision; said the letter caught him by surprise. Councilmember Wood said he proposed the
resolution to give everyone an opportunity to express their views; that the people he knows and talks to
oppose that WAC (Washington Administrative Code) and the Human Rights Commission; said he feels it
is a public safety issue and that the first concern is public safety, including security and privacy.
Councilmember Pace said that the first draft of that resolution was handed out after last week's Council
meeting; and the letter was e-mail to Council earlier this week, so there was plenty of time to read it; said
the second draft of the resolution will be discussed next week; said the letter stands alone just as any other
letter Council has done before as a legislative matter; and he moved to send the letter with six signatures.
There was no second and the motion did not move forward.Councilmember Grafos said he did not sign the
letter; and said that the issue ties back to the resolution. Mayor Higgins said that Council is doing exactly
what they said they were going to do, but Councilmember Grafos countered that the public had no
knowledge of the letter. Mayor Higgins said that Council has in the past adopted letters such as this by
consensus. Mayor Higgins said the issue is the letter and he asked for consensus to sign and send the letter.
All Councilmembers concurred except Councilmembers Grafos and Hafner. [At the request of the City
Manager,City Clerk Bainbridge left the room to print an original letter for the five signatures so that Deputy
Mayor Woodard could take the signed letter with him when he left for Olympia.]
1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion:I move to approve the Consent Agenda.
a. Approval of claim vouchers on Jan 26,2016 Request for Council Action Form,Totaling$1,562,107.57
b. Approval of Payroll for Pay Period Ending January 15, 2016: $429,411.59
c. Motion Confirmation of HCDAC Committee Appointment Correction
d. Approval of January 5, 2016 Formal Council Meeting Minutes
e. Approval of January 12, 2016 Council Formal Meeting Minutes
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent
Agenda.
Minutes Regular Council Meeting:01-26-2016 Page 3 of 7
Approved by Council:02-09-2016
NEW BUSINESS:
2. First Reading Proposed Ordinance 16-001 Vacating a Portion of Third Avenue—Karen Kendall
After Deputy City Attorney Lamb read the ordinance title, it was moved by Deputy Mayor Woodard and
seconded to advance Ordinance 16-001 to a second reading at the February 9, 2016 Council meeting.
Planner Kendall explained about the proposed street vacation and showed the area in question on the map;
stated that the area is unimproved and not maintained,and all six parcels abutting 3'Avenue are owned by
the same property owner; she mentioned compensation as noted in Resolution 07-009, and of the optional
approach, which she said Council can decide tonight and which will be included in the ordinance for the
second reading. Mayor Higgins invited public comment.
Dan Hultquist, Mead: explained that he is the owner of the adjacent properties, and he gave copies for
Council distribution,of his points of concern.Mr.Hultquist said that the unimproved portion of Third Street
has been used as a convenient garbage disposal site, an abandoned meeting site, and a meeting place for
undesirable mischief,which results in garbage being dropped on his property;said although the County and
City have both owned the right-of-way, neither has done any weed control, thus leaving that his
responsibility; he said that Third Street is not a desirable location for property and is not an area where
development is needed; he asked regarding the easement for the bike trail, if there is an option of either
providing the easement or the right-of-way, and if an easement,would he be required to pay property taxes
on that portion of the bike trail easement. Deputy City Attorney Lamb said he would have to research that,
but thinks if it just an easement it would be dedicated to the property and likely he would not be required
to pay taxes, but said he would have to double-check. Mr. Hultquist said if he had to make that decision
now, he is not sure which would be better or more advantageous; he also asked if in light of the expenses
he is facing, if the compensation fee can be waived; said he has been maintaining the weed control and
garbage cleanup for over twenty years;and that there will be improvement costs to fence the bike trail; and
over half of the footage of Third Street would be given back to the City in the form of the bike trail, plus
the cul-de-sac and Skipworth widening requirement at the time of development.
Mr. Lamb said section 5 condition 4 of the draft ordinance provides for an easement or right-of-way, and
that it would be an administrative decision at that point. Councilmember Gothmann said the petitioner is
asking staff to look at costs, and that he too would like to get those costs from staff, such as cost of
improvements, paving, fencing, and would ask that the easement or whatever happens occurs no later than
the development of the trail itself, as Councilmember Gothmann said he hopes the easement precedes the
trail or occurs at the same time. Deputy Mayor Woodard said he would like to see the waiving of the fees
for the second reading, for the reasons mentioned, including the benefits to the City. Councilmember
Gothmann reiterated that he wants to see the data on it, not just a yes or no answer concerning costs. Mr.
Jackson said the intent is for Council to make the decision,and if unclear,we would use the estimated value
for the second reading; and said staff will gather more information and if needed,can change the ordinance
at that second reading.There were no other public comments. Vote by Acclamation:In Favor: Unanimous.
Opposed: None. Motion carried Mayor Higgins excused Deputy Mayor Woodard and Councilmember
Wood who left the meeting at 7:03 p.m.
3. First Reading Proposed Ordinance 16-002 Mining Moratorium Findings of Fact—Erik Lamb
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Pace and seconded
to advance ordinance 16-002, adopting findings of fact justifying a six-month renewal of the moratorium
on mining and mineral product manufacturing, originally adopted pursuant to ordinance 15-013, with
modifications, to a second reading. Deputy City Attorney Lamb explained that this moratorium expires the
end of February but we won't be able to complete the comp plan update by then;said this ordinance contains
the findings and the ordinance immediately following this one is the actual renewal; he explained the
background of the moratorium and that the crux of the issue was the Eden Pit; so as not to impact local
businesses,those mines or proposed mines that have a SM-6 permit will be excepted from the moratorium
if Council so chooses. Mayor Higgins invited public comment. John Pederson, representing Spokane
Minutes Regular Council Meeting:01-26-2016 Page 4 of 7
Approved by Council:02-09-2016
County, said the Board of County Commissioners authorized him to speak and support the moratorium as
modified as it adequately expresses the concerns of the County,and he thanked Council for the amendment.
Jana McDonald, said on behalf of CMP Development Corporation, that she also supports the moratorium
with the amendment,and extended her thanks.There were no other public comments. Vote by Acclamation:
In Favor: Unanimous. Opposed:None. Motion carried.
4. First Reading Proposed Ordinance 16-003 Extending Mining Moratorium—Erik Lamb
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Pace and seconded
to advance Ordinance No. 16-003, adopting a six-month renewal of the moratorium on mining and mineral
product manufacturing, originally adopted pursuant to Ordinance No. 15-013, with modifications, to a
second reading. Deputy City Attorney Lamb explained that this is the operative renewal of the mining
moratorium as just discussed;that state law requires findings be adopted prior to renewal, and if approved,
this would renew the moratorium until late August. After going over the amended language about the SM-
6 permits, he mentioned that staff continues working on the comp plan update. Mayor Higgins invited
public comment. John Pederson: said he represents the Board of County Commissioners and supports this
ordinance as well, and said the County would be willing to enter into a development agreement that would
bind the County to the County's mining standards. Jana McDonald: speaking on behalf of CMP, again
offered her continued support and availability to city staff regarding mining information, resources, and
data as they work through the comp plan; and said she too supports the extension. There were no other
public comments. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried.
PUBLIC COMMENTS: Mayor Higgins invited public comments.
Nick Franco, Spokane: said he works at Eastern Washington University in Cheney and works with
transgender students; said they already use the bathrooms and locker rooms in the gender they know
themselves to be and that this has been going on for years; said he knows of no incidents of assault by a
transgender individual and he encouraged Council to conduct a findings of fact about all the issues; said
transgenders actively avoid locker rooms and restrooms with a large number of stalls as they fear assault,
but that many times they don't have an option; and he asked Council where would you suggest they go as
using facilities of the gender that they are not, places them at greater risk of assault; said there is a lot of
fear as people fear what they don't understand, and he encouraged people to seek understanding; said
transgender people are thoughtful,respectful and are also sons,daughters,and family members and that the
letter indicates a lack of understanding transgenders.
Donna O'Leary: said she is ashamed of our government and of those who took an oath to protect and serve
to allow this to become law; said the mandating of this law has put every person in danger; she asked how
would you prevent sex predators from access to these facilities and what actions will be taken to make sure
people will be safe; she spoke of a past incident involving a transgender man who had exposed himself in
a women's restroom; and of a transgender student in a women's locker room exposing himself to underage
girls; said men commit crimes in women's facilities and now we have to accept this behavior; said people
need to call their legislators to keep sex predators and all men out of every women's facility in Washington
state.
Tony Lazanis: said any law has to be passed by the state legislators and that this new law isn't worth the
paper it is written on.
Paul Bonner, Spokane Valley: concerning the schools, said they access the use of facilities on a case-by-
case basis and in most cases, the transgender should have access to locker rooms; said there are a lot of
people in our society who are not genuine but would like to take advantage of any open door to seek self-
gratification.
Kristin Marshall: said she heard some things like public safety is not Council's concern and another that it
is;said this is not being racist;people can live lives they want to;said there will be people who won't follow
this rule but if Washington state wants this,they have to make it for a single stall.
Minutes Regular Council Meeting:01-26-2016 Page 5 of 7
Approved by Council:02-09-2016
Nina Fluegal: spoke about the complexities of trying to explain these issues to her young grandchildren; it
used to be boys were boys and girls were girls, but now there is a third option; said the majority still rules
in this country and something needs to happen or she'll move.
Gene Strunk, Spokane Valley: said this is evidence of how our society is so upside down to the point of
being ridiculous; a few weeks ago there was a big deal about the sanctuary city vote; said in the United
States there are 19,743 organized municipalities; of those are 270 sanctuary cities which represent 1/10 of
1%;so now we're listening to transgender proponents who represents 1 in 100,000-maybe less;same thing
is applicable to homosexuals;they make up 1.2% on a good day; said he hears ridiculous arguments about
protected citizens; really depressing is that three councilmembers engaged in name calling others bigots,
racists, liars, on the premise of 1/10th of 1%.
Lynn Wallace, Spokane Valley: spoke about the use of family restrooms and how thrilled people like single
fathers are they those restrooms exist.
George Conrad: said these rules were passed by an appointed commission and not by a legislature;that the
rules are if you are uncomfortable and express it,then you have to leave; if you use the wrong pronoun for
transgender it is considered a violation of their protected class; this is a lawsuit begging to happen and he
said he hopes this city will recognize that.
Matt Landoe: said there are some things happening today that help him understand some of the plight of
the transgenders such as the safety issue they have which needs to be acknowledged; that we need not be
hateful but more understanding;said transgender and restrooms are two separate issues and everyone should
be entitled to be safe, but trying to solve the problem by having everyone mix is not the solution; said it is
more complicated and more discussion is needed; forcing the majority to go find a restroom is not the
solution either.
Councilmember Gothmann said it was suggested he doesn't care about the issue because it is a state issue;
said the legislators tell the people to make the rules and if adopted,we would be subject to those rules;and
he encouraged everyone to work to change the rule at the state level, and to phone, write or visit the state
legislators as they hold their public hearing tomorrow.
Dulce Gutierrez, Spokane Resident: said she is a student at Eastern; said there has been a lot of talk about
fear tonight and about how to explain this to children too young to understand; said kids are a lot smarter
than we think they are; that she has transgender family members and friends and when it is explained to
kids, they listen; said people assume that sexual assaults occur; said people are a lot more likely to be
assaulted by a family member than a stranger.
ADMINISTRATIVE REPORTS:
5. Federal Transit Authority Sidewalk Grant—Eric Guth
Public Works Director Guth explained about the STA (Spokane Transit Authority) Grant opportunity for
funding from the Federal Transit Administration Section for projects to benefit seniors and individuals with
disabilities; and said the deadline to submit applications is Monday, February 1. Mr. Guth explained the
two project proposals, 9th Avenue Sidewalk and Coleman Sidewalk; and said that as with any other grant,
this is also a competitive process. Councilmember Pace said he realizes there isn't much time, but asked if
Mr. Guth checked with property owners to see how they feel and Mr. Guth said once we know if we got
the grant, staff will contact the property owners and explain the preliminary design. There was consensus
to move forward.
6. Advance Agenda—Mayor Higgins
Concerning his participation on the STA (Spokane Transit Authority) Board, Councilmember Hafner
mentioned that many members have alternates and by not having an alternate, if he and/or Councilmember
Pace were unable to attend,they would lose any control on voting, but such appointment would need to be
an official appointment from this Council; he said he would recommend the Mayor of Cheney and the
Mayor of Millwood as the two alternates if either he or Mr. Pace were unable to attend a meeting; and he
Minutes Regular Council Meeting:01-26-2016 Page 6 of 7
Approved by Council:02-09-2016
suggested such a motion at the February 9 meeting. There were no objections.Councilmember Hafner also
mentioned the governance manual and suggested Council discuss that as well to either follow it or not.
Councilmember Grafos mentioned the proposed resolution might better be brought up during a regular
meeting, and it was noted that the resolution is scheduled as an action item for the February 2 meeting.
INFORMATION ONLY
The(7)Department Monthly Reports;and(8)Draft Amended 2016 Transportation Improvement Plan(TIP)
were for information only and were not reported or discussed.
CITY MANAGER COMMENTS
Mr.Jackson had no additional comments.
It was moved by Councilmember Pace, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:05 p.m.
A,
ATT ST• L.R. Higgins, a r�
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Christine Bainbridge; City Clerk
Minutes Regular Council Meeting:01-26-2016 Page 7 of 7
Approved by Council:02-09-2016
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 26, 2016 Department Director Approval: ❑
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Proposed Resolution Regarding Gender-Segregated Facilities
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: During the January 19, 2016 Council meeting, Councilmember Wood
introduced for future discussion, a draft resolution concerning Senate Bill 6443/House Bill 2589,
and opposing certain section or section of WAC 162-32-060.
Senate Bill 6443 has been scheduled for a legislative hearing in Olympia, Wednesday, January
27, 2016, at 1:30 p.m.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion. Consensus by Council to weigh-in on this
issue and send a letter of opinion to State Legislature. Also Council consensus to add draft
resolution to the February 2, 2016 Council Agenda for approval consideration.
BUDGET/FINANCIAL IMPACTS: unknown
STAFF/COUNCIL CONTACT: Councilmember Wood/City Manager Mike Jackson
ATTACHMENTS:
Councilmember Wood's Proposed Resolution
Senate Bill 6443
House Bill 2589
WSR 15-24-017 Permanent Rules Human Rights Commission
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
DRAFT OF POTENTIAL RESOLUTION TAKING A STAND AGAINST ONE
PARAGRAPH OF THE WAC ON RESTROOM ACCESS AND PRIVACY
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,AFFIRMING THE RIGHT OF ALL PEOPLE LIVING IN,ATTENDING SCHOOL IN, DOING
BUSINESS IN,WORKING IN, OR VISITING THE CITY OF SPOKANE VALLEY TO NON-DISCRIMINATION AND
PROTECTION FROM HARASSMENT OR INTIMIDATION AS PRESCRIBED BY THE U.S. CONSTITUTION,
WASHINGTON STATE CONSTITUTION, RCW 49.60.010 AND WAC 162.
WHEREAS The City Council of the City of Spokane Valley AFFIRMS that the City of Spokane Valley protects the
rights of all people according to the U.S.Constitution and the Washington State Constitution, including the following:
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defense, promote the general Welfare,and secure the
Blessings of Liberty to ourselves and our Posterity,do ordain and establish the Constitution for the United
States of America."(PREAMBLE to U.S. Constitution)
Washington State Constitution Article I—Declaration of Rights:
Protection of Rights—"...governments derive their just powers from the consent of the governed,
and are established to protect and maintain individual rights."(Section 1)
Personal Rights—"No person shall be deprived of life,liberty,or property..."
Invasion of Private Affairs—"No person shall be disturbed in his private affairs..."
WHEREAS The City Council of the City of Spokane Valley AFFIRMS the rights protected for ALL PEOPLE by RCW
49.60:
"This chapter shall be known as the "law against discrimination." It is an exercise of the police
power of the state for the protection of the public welfare, health, and peace of the people of
this state,and in fulfillment of the provisions of the Constitution of this state concerning civil
rights.The legislature hereby finds and declares that practices of discrimination against any of
its inhabitants because of race, creed,color, national origin,families with children,sex, marital
status, sexual orientation,age, honorably discharged veteran or military status,or the presence
of any sensory, mental,or physical disability or the use of a trained dog guide or service animal
by a person with a disability are a matter of state concern,that such discrimination threatens
not only the rights and proper privileges of its inhabitants but menaces the institutions and
foundation of a free democratic state.A state agency is herein created with powers with respect
to elimination and prevention of discrimination in employment, in credit and insurance
transactions, in places of public resort, accommodation, or amusement, and in real property
transactions because of race, creed, color, national origin,families with children,sex, marital
status,sexual orientation,age, honorably discharged veteran or military status,or the presence
of any sensory, mental,or physical disability or the use of a trained dog guide or service animal
by a person with a disability; and the commission established hereunder is hereby given general
jurisdiction and power for such purposes."
USING THE FOLLOWING DEFINITIONS FROM RCW 49.60.040:
(25) "Sex" means gender.
(26) "Sexual orientation" means homosexuality, bisexuality, and gender expression or
identity.
(26) "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. (0.3%of total
population according to NY Times article 06/09/15)
AND THE FOLLOWING DEFINITION DEFINED IN THIS RESOLUTION:
"traditional female" means traditional biological and psychological females whose
gender identity, self-image, appearance, behavior or expression is the same as assigned
at birth as female. (99.7%of total population according to NY Times article 06/09/15)
WHEREAS the City Council of the City of Spokane Valley AFFIRMS the rights of all people as defined by
WAC 162-32-020 Leave policies and reasonable accommodation.
WHEREAS the City Council of the City of Spokane Valley AFFIRMS the rights of all people as defined by
WAC 162-32-030 Employee benefits and privileges.
WHEREAS the City Council of the City of Spokane Valley AFFIRMS the rights of all people to be protected
from harassment as defined by WAC 162-32-040 Harassment.
WHEREAS the City Council of the City of Spokane Valley AFFIRMS the rights of all people as defined by
WAC 162-32-050 Dress and grooming standards.
WHEREAS the City Council of the City of Spokane Valley, regarding WAC 162-32-060 Gender-segregated
facilities,which states:
Gender-segregated facilities.
(1)Facility use.All covered entities shall allow individuals the use of gender-segregated facilities,such as restrooms,locker
rooms,dressing rooms,and homeless or emergency shelters,that are consistent with that individual's gender expression or gender
identity.
In such facilities where undressing in the presence of others occurs,covered entities shall allow access to and use of a
facility consistent with that individual's gender expression or gender identity.
(2)Cannot require use inconsistent with gender expression or gender identity.A covered entity shall not request or
require an individual to use a gender-segregated facility that is inconsistent with that individual's gender expression or gender
identity,or request or require an individual to use a separate or gender-neutral facility.
(a)If another person expresses concern or discomfort about a person who uses a facility that is consistent with the person's
gender expression or gender identity,the person expressing discomfort should be directed to a separate or gender-neutral facility,
if available.
(b)Any action taken against a person who is using a restroom or other gender-segregated facility,such as removing a
person,should be taken due to that person's actions or behavior while in the facility,and must be unrelated to gender expression
or gender identity.The same standards of conduct and behavior must be consistently applied to all facility users,regardless of
gender expression or gender identity.
(3)Provision of options encouraged.Whenever feasible,covered entities are encouraged to provide options for privacy,
such as single-use gender-neutral bathrooms or private changing areas that are available to any individual desiring privacy.
AFFIRMS the right of traditional females(99.7%of the total population)to the privacy and perceived
safety,security and sanctuary traditionally provided in womens/girls restrooms, locker rooms,showers,
and changing rooms, including the traditional right of not being exposed to male genitalia regardless of
the gender expression or identity of the person with male genitalia.
NOW THEREFORE BE IT RESOLVED that the Spokane Valley City Council:
1. Will support action taken against individuals and/or organizations who harass,discriminate
against,threaten or intimidate any person for any reason.
2. Does not condone action taken against traditional females who,while respecting the rights of
other people, assert their right to traditional privacy as described above.
3. Does not condone enforcing"laws" (rules) made by Executive-branch appointees.
4. Will lobby with our State Legislature to repeal WAC 162-32-060 by;
a. Directing our City Manager to add the repeal of WAC 162-32-060 to the City's Legislative
Agenda.
b. Directing our City Manager and Mayor to send a letter to all State Senators and
Representatives making our case for the above.
c. Meet with our local 4th District Senator and Representatives to work together on this
and other civil rights issues.
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 16-003
A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,
WASHINGTON,DECLARING SUPPORT FOR AMENDING
CHAPTER 49.60 RCW,WASHINGTON'S LAW AGAINST DISCRIMINATION,
AND OTHER MATTERS RELATING THERETO.
WHEREAS,from time-to-time,the City Council identifies issues occurring at the state level which
may substantially impact the lives of Spokane Valley residents; and
WHEREAS, the City Council believes the recent adoption of Washington Administrative Code
(WAC) 162-32-060 by Washington's Human Rights Commission exceeds the provisions required in
Washington's Law Against Discrimination, codified in chapter 49.60 RCW; and
WHEREAS, the City Council believes that WAC 162-32-060 fails to appropriately balance the
respective beliefs of the citizens of the state, including Spokane Valley; and
WHEREAS,the City Council supports amending chapter 49.60 RCW to better reflect the views of
a broader segment of the population.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1. Support for Amending Chapter 49.60 Revised Code of Washington. The City of
Spokane Valley supports amending chapter 49.60 RCW so that it more accurately reflects the beliefs of the
citizens of the state of Washington,and so that it does not inappropriately intrude upon the rights and beliefs
of other citizens.
Section 2. Support for Repealing Washington Administrative Code 162-32-060. The City of
Spokane Valley supports a Legislative directive requiring the repeal of WAC 162-32-060 because it
exceeds the requirements of chapter 49.60 RCW.
Section 3 Effective Date. This Resolution shall be effective upon adoption.
PASSED by the City Council of Spokane Valley, Washington this 2"d day of February,2016.
CITY OF SPOKANE VALLEY
L. R. Higgins, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Resolution 16-003 Resolution Supporting Amendment to Washington's Law Against Discrimination Page 1 of I
OF
SCITYopen
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11707 E.Sprague Ave. • Suite 106 • Spokane Valley,WA 99206
(509) 921-1000 • Fax(509) 921-1008 • cityhall@spokanevalley.org
January 27, 2016
Sen. Michael Baumgartner,Senate Commerce&Labor,Chair
Sen. Bob Hasegawa,Senate Commerce& Labor,Ranking Member
CC: Members of the Senate Commerce & Labor Committee
RE: Support of Senate Bill 6443
Dear Chairman Baumgartner, Ranking Member Hasegawa and Senate Commerce & Labor Committee:
We are writing to express our full support of Sen. Ericksen's bill, Senate Bill 6443. The bill will repeal the
Human Rights Commission's change to WAC 162-32-060 and prevents the commission from initiating any
rule-making procedure regarding gender segregated facilities in the future.
Under the current rule, in facilities where undressing in the presence of others occurs, individuals are
allowed into gender segregated facilities based on their gender expression or gender identity.This should
not be. The Human Rights Commission was established to protect the rights of Washington cities. The
commissions' recent decision attempts to protect the interests of a few,to the detriment of the masses.
We acknowledge that the question of gender identity is a very real struggle for many citizens of our state
and nation. In no way does our support of this bill disparage or negate the struggle that many people face
when it comes to gender expression. Rather, we believe the recent rule change has had the opposite
effect it was intended to have and as a result, members of that community are now facing increased
mistreatment.Those struggling with gender identity have been lumped into a category with criminals who
will take advantage of the new rule. There is no way to differentiate between a biological male who is
struggling with gender identity and a biological male who intends to commit a crime against a female.This
rule gives both of those individuals free access to females in a very private setting.
The community that struggles with gender identity should be recognized. They are facing difficult
challenges. But the current rule, and any attempt to prevent gender segregation in the future, will not
help. Please support Sen. Ericksen's bill to repeal this rule and reinstate gender segregated facilities.
DAN HULTQUIST
14502 N FREYA
MEAD,WA 99021
PHONE:509-994-0080
JAN.26,2016
REGARDING:3RD AVE STEET VACATION
• THANKYOU FOR CONSIDERING THIS STREET VACATION
• WANTED TO VACATE FOR YEARS,
o PROCRASTINATION ON MY PART
o REASONS FOR WANTING THIS STREET VACATION ARE:
■ OVER THE YEARS,THIS UNIMPROVED PORTION OF 3RD ST HAS BEEN USED AS A CONVENEINT
GARBAGE DISPOSAL SITE,ABANDON VEHICLES SITE,AND MEETING PLACE FOR UNDESIREABLE
MISCHIEF.
■ ALTHOUGH COUNTY AND CITY HAVE BOTH OWNED THE RIGHT OF WAY,NEITHER HAVE DONE
ANYTHING IN THE WAY OF WEED CONTROL,OR CLEANUP OF GARGBAGE,MAKING IT MY
RESPONSIBILITY OVER THE PAST20 SOME YEARS
■ 3RD AVE IS NOT IN A DESIRABLE LOCATION IF THE PROPERTIES WERE TO BE DEVELOPED,NOR IS IT
NEEDED FOR DEVELOPEMENT
• QUESTIONS
o IF THE TRAIL WERE TO BE AN EASEMENT,WOULD I BE REPONSIBLE FOR PROPERTY TAXES?
• REQUESTS
o THE OPTION OF AN EASEMENT OR R/W DECISION BE GIVEN TO THE OWNER TO DECIDE AT THE TIME OF
RELINQUISHING THE TRAIL PROPERTY.
o REQUEST COMPENSATION BY THE CITY FOR VACATING 3RD AVE BE WAIVED BECAUSE:
• I HAVE BEEN MAINTAINING WEED CONTROL,AND GARGBAGE CLEANUP FOR OVER 20
YEARS
• TO MY KNOWLEDGE,THE PROPERTY WAS GIVEN TO THE COUNTY WITH NO
COMPENSATION TO THE PROPERTY OWNERS AT THE TIME R/W WAS ISSUED
• WELL OVER HALF THE SQ FOOTAGE OF 3RD AVE,WILL BE GIVEN BACK TO THE CITY IN
THE FORM OF BIKE TRAIL,CUL-DE-SAC AND SKIPWORTH WIDENING REQUIREMENT AT
TIME OF DEVELOPMENT.
• IMPROVEMENT COSTS BY OWNER TO PAVE AND FENCE BIKE TRAIL FOR CITY WILL
EXCEED THAT OF BUYING BACK THE VACATED STEET.
• COSTS TO THE PROPERTY OWNER TO IMPROVE SUCH THINGS AS PAVING AND FENCING
OF BIKE TRAIL,CURBING,PAVING AND SIDEWALKS OF CUL-DE-SAC AND SKIPWORTH AT
TIME OF DEVELOPMENT
• WITH 3RD AVE BEING VACATED AND TURNED INTO MARKETABLE REALESTATE AGAIN,
PROPERTY TAXES FOR HIGH DENSITY DEVELOPMENT WILL PROVE TO BE VERY
ADVANTAGEOUS. PUBLIC R/W'S DO NOT GENERATE PROPERTY TAXES.
o REQUEST HOLDING OFF ON IMPROVING BIKE TRAIL UNTIL SUCH TIME THAT DEVELOPMENT TAKES PLACE.
■ WATER EASEMENT WILL MOST LIKELY PIGGY BACK ON TRAIL,AND EXCAVATION MAY BE
REQUIRED AT TIME OF DEVELOPEMENT
THANK YOU FOR CONSIDERING THE ABOVE REQUESTS.
DAN HULTQUIST
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