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2019, 10-15 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, October 15, 2019 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ACTION ITEM: 1. Resolution 19-014, Barker Road Homes Sewer Project CDBG — Chaz Bates [public comment] NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2. Mike Stone, Erik Lamb Park Regulations Discussion/Information 3. Erik Lamb Camping in Public Spaces Discussion/Information 4. Mayor Higgins Advance Agenda Discussion/Information 5. Mayor Higgins Council Check in Discussion/Information 6. Mark Calhoun City Manager Comments Discussion/Information ADJOURN Study Session Agenda, October 15, 2019 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 15, 2019 Department Director Approval: Check all that apply: ❑ Consent ❑ Old business ® New business ❑ Public Hearing ❑ Information ❑ Admin. Report ❑ Pending Legislation AGENDA ITEM TITLE: Resolution 19-014: Community Development Block Grant Program — Potential 2020-2021 CDBG Project GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: Administrative Report on 7/23/2019 and on 09/10/2019 BACKGROUND: The City of Spokane Valley is a member of the Spokane County Community Development Block Grant (CDBG) Consortium. Each year the Federal Department of Housing and Urban Development provides CDBG entitlement funding to Spokane County. The City receives a 20 percent set-aside of Spokane County's annual federal appropriation for infrastructure projects. Spokane Valley's typical annual set-aside is approximately $270,000 for eligible projects. To be eligible for CDBG funding, projects must be located in a residential area and target low to moderate income areas or low to moderate income individuals. Proposed projects must also be ranked as a "high priority" in Spokane County's Consolidated Plan, the guiding document for Spokane County's CDBG program. High priority infrastructure projects include water, sewer and street improvements. Applications for the CDBG program year 2020 are due November 11, 2019. For the 2020 and 2021 program years, the City is considering a collaborative sewer project between the City, Spokane County Environmental Services Division and Spokane County Housing & Community Development Division. The sewer project is located east of Barker (see attached map) in a manufactured home subdivision. The project will eliminate septic systems above the region's sole source aquifer. In this collaborative effort, Spokane County Environmental Services would install sewer and pave back the roadway, with the City providing financial support through our Street Wear Fee. The proposed streets to be repaved are all in poor condition. Additionally, it is proposed that the City would relinquish its CDBG set-aside to Spokane County for program years 2020 and 2021, in order to assist eligible homeowners with Assessment and Connection charges with the Barker Road Home project. Spokane County Housing and Community Development would manage this portion of the program. Proposed Financial Assistance Summary The City of Spokane Valley, Spokane County Environmental Services, and County Community Development will work collaboratively to establish a financial assistance program with the intent of emulating the Community Aquifer Protection Assistance (CAPA) program that was in place during the County's Septic Tank Elimination Program. The program will managed and operated by Spokane County. With the support of the County's Environmental Services Department, the City is proposing to commit its 20% set-aside of the CDBG funding for program years 2020 and 2021 in order to 1 provide funding for Sewer Assessment grants and for zero -interest loans for the Side Sewer Connections for qualifying homeowners for the Barker Road homes project The table below summarizes the estimated costs per household. Preliminary Cost Estimates per Household General Facilities Charge (GFC) Construction Cost Component (CCC) TOTAL Capital Facilities Rate (CFR) Estimated Side Sewer Connection3 TOTAL $ 2,780' $ 3,560 $ 6,3402 $ 4,000 $ 10,340 1: Subsidized rate when an existing on-site (septic) system is being abandoned (normal GFC is $4,360) 2: Assessment amount may be financed over 20 years, estimated monthly payment of $46 per month 3: This is estimated cost to connect the house to the sewer stub in the right-of-way OPTIONS: Approve resolution as drafted or modified; or take other appropriate action. RECOMMENDED ACTION OR MOTION: I move Council approve Resolution 19-014 formally authorizing the relinquishment of the City's 2020 and 2021 program year CDBG Spokane County set-aside in order to assist eligible low and very low-income homeowners with Assessment and Connection charges on the Barker Road Homes project. BUDGET/FINANCIAL IMPACTS: The table below summarizes the expected budget impacts to the City. City Share of Construction $ 1,615,000' City's CDBG set-aside $ 540,0002 TOTAL IMPACT $ 2,155, 000 1: City's Street Wear Fee 2: CDBG set-aside relinquishment for 2020 and 2021 STAFF CONTACT: John Hohman, Deputy City Manager Chaz Bates, Senior Planner ATTACHMENTS: Resolution 19.014; Barker Road Manufacturing Home Community Map 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 19-014 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, RELINQUISHING SPOKANE VALLEY'S 2020 AND 2021 AVAILABLE SET-ASIDE PORTION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG); AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws, Spokane County is anticipated to receive Community Development Block Grant (CDBG) funds for federal fiscal years 2020 and 2021; and WHEREAS, the City of Spokane Valley (City) and Spokane County (County) have entered into a Cooperation Agreement, in accordance with the State Interlocal Cooperation Act, RCW 39.34 to plan for and administer the CDBG Program and the HOME Investment Partnership Program (HOME); and WHEREAS, the County has established a set-aside of twenty percent of available annually allocated CDBG funds for the City for the purpose of eligible and allowable infrastructure improvements within the City meeting federal national objectives and consolidated plan priorities (the "City set-aside"); and WHEREAS, infrastructure improvements include assisting eligible low and very low-income homeowners with Capital Facilities Rate (Assessments) and side -sewer connection (Connection) charges; and WHEREAS, the County has previously managed a program that utilized CDBG funds to assist eligible low and very low-income homeowners with Assessment and Connection charges; and WHEREAS, there are properties within the City that use septic tanks for sewage disposal; and WHEREAS, it would benefit the health, safety, and welfare of the citizens of the City to reduce the number of residents in the City relying on septic tanks for sewage disposal; and WHEREAS, the City desires to cooperate with and assist the County on a project known as Barker Road Homes, under which the County intends to install sewer utilities and road improvements within a certain area within the City; and WHEREAS, the City Council desires to relinquish the City set-aside for 2020 and 2021 program years only so that such funds may be used by the County to provide eligible low and very low-income assistance with Assessment and Connection charges on the Barker Road Homes project. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, that: The City hereby relinquishes the City set-aside of CDBG funds for 2020 and 2021 program years only. The City understands that such funds may be used by the County to assist eligible low and very low- income homeowners with Assessment and Connection charges on the Barker Road Homes project. The City understands that if, after assistance for the Assessment and Connection charges with the Barker Resolution 19-014 CDBG Page 1 of 2 DRAFT Road Homes project, there are additional funds from the City's set-aside, such funds may be allocated to other projects within the County as recommended by the Community Services Advisory Board. Adopted this 15th day of October, 2019. CITY OF SPOKANE VALLEY L.R. Higgins, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 19-014 CDBG Page 2 of 2 Barker Road Manufacturing Home Community Map Legend Municipal Boundaries Sewer - Force Main Sewer - Gravity Sewered Not Sewered Senior/Disabled Exempt Code SA = < $30,000 SB = $30,000-35,000 SC= $35,000-40,000 Total Unsewered Parcels: 192 Parcels with Exempt Code: 44 SA Exempt = 31 SB Exempt = 10 SC Exempt = 3 Total CFR / ERU: $6,250 (connection charge @ $3,560 + general facilities charge @ $2,690) Estimated House Line = $4,000 Estimated Total Sewer/Household = $10,250 Estimated CDBG set-aside: $330,000 Estimated Homes Assisted: 41 grants 3 loans 2019 Median Family Income Limits 1 2 3 4 0-30% 15,050 17,200 19,350 21,500 31-50% 25,100 28,700 32,300 35,850 51-80% 40,150 45,900 51,650 57,350 1 u 1 0 100200 400 600 800 Feet N CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 15, 2019 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — proposed amendments to chapter 6.05 SVMC, park regulations. GOVERNING LEGISLATION: Chapter 6.05 SVMC. PREVIOUS COUNCIL ACTION TAKEN: Adoption of chapter 6.05 SVMC in 2003; minor amendments in 2005, and minor amendments in 2009; administrative report August 21, 2018. BACKGROUND: The City's Parks and Recreation Department is charged with the care and maintenance of the City's park system, which includes enforcement of relevant portions of the SVMC. It has been many years since the City revisited the rules governing use of the parks. Staff has noted instances where the adopted park rules are difficult to enforce due to ambiguity or because they don't address conduct that makes use of the parks by others more difficult or less enjoyable. Staff has reviewed chapter 6.05 SVMC for the purpose of revising areas that need to be updated. Staff brought forward an administrative report August 21, 2018 with most of these proposed changes. At that time, Council asked staff to consider additional changes relating to certain uses by park patrons, including drone usage, use of pinatas, and potential damage cause by metal detecting. Staff researched these issues, and drafted changes to those sections. Around the same time, the Ninth Circuit Court of Appeals issued its decision regarding enforcement of "no camping" and "no sit/lie" regulations in the case of Martin v. Boise, 920 F.3d 584 (9th. Cir. 2019). This decision impacted language the City previously had in chapter 6.05 SVMC relating to prohibiting camping in parks. This then led into a larger discussion about homelessness, including the City's position in the larger regional approach. Staff believe it is now appropriate to bring this latest draft forward to Council for additional discussion. The most significant changes in this draft, other than those mentioned above, is a change to the hours of operation for parks. It currently states that parks are open from dawn until 10:00 p.m. The new proposed language would change the hours to open at 6:00 a.m. and close at sundown or 9:00 p.m., whichever occurs first. Sundown is then defined as "that time immediately following sunset, which occurs when the sun is no longer visible in the sky because it has gone past the horizon due to the earth's rotation." Staff believes this change is necessary to provide times certain when people cannot be in the parks, as well as to limit the late evening hours after dark. Several parks have experienced significant criminal acts over the past several years, including an armed robbery at Browns Park in 2019, and numerous acts of vandalism in Browns Park, Balfour Park, and Sullivan Park. To that end, staff are concurrently proposing comprehensive regulations to prohibit camping on public property, which includes all parks. Thus, the proposed park regulation amendments defer regulation of camping to the new "no camping" regulations. Issues specific to enforcement of the "no camping" regulations within the confines set by the Martin case will be discussed and dealt with during the "no camping" agenda item. Staff researched issues relating to drones to ensure the proposed regulations are consistent with federal law. In summary, the City is allowed to preclude the launching of drones from park property, but cannot preclude where drones are flown. As such, the draft prohibits launching drones from City park property, but does not attempt to address where they may be flown, which can include in the airspace above City park property. This keeps the City within its local authority relative to federal law. Finally, staff are proposing changes to prohibit hanging or anchoring items to fences, trees, and other park shelters, except for pinatas when done in a way not likely to result in damage to the facility. OPTIONS: (1) Place on a future agenda for an ordinance first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Mike Stone, Parks and Recreation Director; Cary Driskell, City Attorney. ATTACHMENTS: Draft revisions to chapter 6.05 SVMC. 6.05.010 — Definitions. The following definitions shall be used in this chapter: "airborne vehicle" means any vehicle, whether capable of carrying humans or not, which is designed for the purpose of becoming and remaining airborne, including but not limited to airplanes, helicopters, hang gliders, model aircraft, unmanned aircraft systems (UAS or drone vehicles), and hot air balloons. "Aalcoholic beverages" or "liquor" shall include alcohol, spirits, wine, beer, and malted beverages as those terms are be -defined pursuant toas set forth in RCW 66.04.010, and shall include alcohol, spirits, wine and beer. _"Camp" or "camping" means erecting a tent or shelter or arranging bedding or both for the purpose of, or in such a way as will permit, remaining overnight; or parking a trailer, van, recreational vehicle, bus, camper, or other vehicle for the purpose of remaining overnight. "City" means the City of Spokane Valley, Washington. "commercial use" includes, but is not limited to the sale of any goods or services in City parks or facilities, including food and beverage. "Department" means the City of Spokane Valley pParks and (Recreation dDepartment. "Department employee" means a duly appointed City of Spokane Valley parks department employee. "Director" means the city manager or designee who is anticipated to be the director of the parks and recreation department. _"Facility" or "facilities" means any building, equipment, sign, material, shelter, swimming pool, or other physical property including but not limited to administered trees, shrubs, plants, lawns, play equipment, benches, tabl- , • - . - - ' - : :. • _ nd pedestrian areas {including curbs, sidewalks and driveways or internal roads) for motor vehicles, persons or structures owned or controlled by the City of Spokane Valley."high-risk or damaging activities" means use of such devices which create an elevated risk of harm to users or other park users, or which create an elevated risk to the facilities. Examples of such devices include, but are not limited to inflatable play equipment, dunk tanks, lawn darts, discs, and slip -n -slides. "Mmotor vehicle" means any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include,including but not limited to; automobiles, trucks, motorcycles, mopeds, Class 2 or Class 3 motorized bicycles, motorized foot -scooters, golf carts, all -terrain vehiclesjceps or similar -type ally -wheel -drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways. Page 1 of 8 "Bopen space, trails or parks," collectively referred to as "City parks," means any recreation or similar real property under the ownership, management, or control of the City. "park facility" or "facilities" means any building, structure, equipment, sign, shelter, swimming pool, vegetation, playground, or other physical property owned or controlled by the City for park purposes. "Pperson" means any individual, group, firm, partnership, corporation, association, or club. "pets" means any domesticated animal, with the exception of qualifying service animal. "sundown" means that time immediately following sunset, which occurs when the sun is no longer visible in the sky because it has gone past the horizon due to the earth's rotation. "ltrail" means any path, track, or right-of-way designed for use by pedestrians, non -motorized bicycles, or other non_motorized modes of transportation. 6.05.020 — Purpose. The City of Spokane Valley City parks, including facilities and programs of the dDepartment, are established and maintained by the City for public recreational purposes. This cChapter 6.05 SVMC is an exercise of the police power of the City, and its provisions shall be liberally construed for the preservation and protection of the natural environment, public peace, health, safety, and welfare. Unlawful and inappropriate behavior in the City's parks diminishes these precious assets and deprives citizens individually and as a whole of the full use and enjoyment of the natural beauty, recreational opportunities, and peaceful repose that parks are intended to preserve. 6.05.030 — Hours of Operation. Unless otherwise established by the director, City parks shall be open at 6:00 a.m.dawn and closed for use at sundown or 94-0:00 p.m., whichever occurs later, unless otherwise approved in writing by the director. 5.05.0/10 Facility and outdoor field lights. the director. Use of facilities on Fridays or Saturdays shall cease at 11:00 p.m. unless otherwise approved by the director. 6.05.05-40 — Special events permits. A special event permit is required prior to holdingbefore the occurrence of a special event in any City park, :. .. - - 1 A . .! e. If the parks and recreation dDepartment deems necessary, special event permits may be required for events involving more than the routine use of a City park. Applicants shall apply for a special event permit and such applications shall be processed pursuant to chapter 5.15 SVMC. Page 2of8 When deemed necessary by the City to mitigate anticipated impacts on the park, traffic, and general public health and welfare, and when deemed appropriate to carry out other requirements set forth in this chapter 6.05 SVMC, the Directo may impose special conditions for athc special event, which shall ' - .. ' : : • - - . - .. •• - • . be included in the permit. The dDepartment reserves the right to cancel a permit for good cause. If reasonably possible, the City shall provide notice of cancellation 3ha11 be given at least 24 hours in advance of the event. A cancellation or denial of a special event permit for an event occurring in a City park may be appealed to the city councilCity Manager by filing a written appeal with the city clerk within 10 days of the date of the decision. Upon such appeal, the City Managercity council may reverse, affirm, or modify the dDepartment's decision pursuant to the criteria set forth in SVMC 6.05.040. 6.05.06.,0 — Sale of goods or services. City parks are established for recreational purposes. Accordingly, (commercial use, whether by for-profit or non-profit entities, he sale of any goods or services in City parks or facilities, including food and beverages, is prohibited exceptshall be allowed only through written agreement with the City or by permit issued by the dDepartment., including food, beverages, or services..... Commercial use shall include but not be limited to the sale of any goods or services in City parks - .. • • _- The City may require appropriate compensation from any commercial use, which may include, but shall not be limited to, a per -event fee. of gross Such compensation may be in addition to any rental fee. Such compensation shall be determined based upon the nature of the event, the public benefit of the event, and the impact to the City and the City park facilities from the event, including how much of the park facilities will be unavailable to other users. Any agreement or permit for sale of goods or services in City parks shall include procuring and maintaining liability insurance at least consistent with that required in SVMC 5.15.070. 6.05.0;60 - Rules governing use of City parks and facilities — Violation an infraction. A. Camping. Camping in City parks and facilities is defined and regulated pursuant to SVMC *.**.***.No person shall camp in any City park or facility, unless otherwise designated. B. Fires. No person shall ignite or maintain any fire or participate in igniting, maintaining, or using any fire within open space, trail, ef—park, or facility except in a designated barbecue unit or in a designated fire pit unless specifically authorized by the dDepartment. C. Food Waste, Washing of Clothes or Animals. No person shall clean fish, or other food, or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas. D. Game Fish. All laws, rules and regulations of the State Game Commission relating to season limits and methods of fishing are applicable to fishing for game fish in park areas. No person may fish for, or possess any fish taken from any river, lake, pond, stream or other body of water which is posted with a sign prohibiting fishing, except as approved by special event permit for Valleyfest.- Page 3 of 8 E. Horsesback Riding. Horses are prohibitednot permitted in -any City parks ander facilities.y unless permitted by the director. F. Littering. Littering in City parks and facilities is prohibited.not permitted. All waste and garbage shall be disposed of in a garbage can or other receptacle designed for such purpose. Litter shall include excretory waste from humans or pets. G. Motor Vehicles - Operationon Park Property. No person shall operate any motor vehicle on open space, trail, or park property unless such area has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a City park except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by posted notice or special event permit pursuant to SVMC 6.05.040 and chapter 5.15 SVMC. This subsection shall not apply to emergency, maintenance, or other authorized vehicles. H. Motor Vehicles - Parking. No operator of any motor vehicle, trailer, camper, boat trailer, or other vehicle shall park such vehicle in any City park or facility except where the operator is using the area for atho permitteddesignated recreational purpose, and the vehicle is parked either in the designated parking area, or in another area with the written permission of the dDepartment. No person shall park, leave standing, or abandon a vehicle in any facility after closing time except persons using park facilities as part of an event authorized in writing by the dDepartment. Any vehicle found in violation of SVMC 6.05.060 this subsection may be towed away at the owner's expense. SVMC 6.05.060This subsection shall not apply to maintenance and emergency vehicles or vehicles authorized by the dDepartment. I. Motor Vehicles - Speed Limits. No person shall drive a motor vehicle within any City park or facility at a speed greater than posted, having due regard for traffic, surface, and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife. J. Parking Lots and Roadway - Games Prohibited. Games of any kind are prohibited in parking lots and roadways except through a special event permit. K. Pets. 1. All Dogs, pets, or domestic animals are prohibitednot permitted in on any designated picnic areas, sportteeeis courts or play areas in any City park or in any building unless _enerall specifically permitted by posted notice. This subsection shall not apply to animal guide dogs. 2. When allowed, PpetsDogs or other pets or domestic animals shallmustbe kept on a leash no greater than 15 feet in length, and shall be kept under control at all times. 3. Any person whose dog or other pet is in any open space, trail, or park area shall be responsible for the conduct of the animal and for removing feces deposited by thesuch animal. Page 4 of 8 4. No person shall allow his or her petdog or other pet or domestic animal to bite, disturb, or harass any facility users, wildlife, or other pets. No person shall permit his or her petclog or other pet or domestic animal to bark or make noise continuously or otherwise unreasonably disturb the peace and tranquility of other park users. No person shall permit degpets or domestic animals to damage, destroy or remove park vegetation. L. Presence in City Facilities When Closed. No person shall enter or be present in facilities when closed except persons using facilities as part of an event authorized in writing by the dDepartment. M. Skateboards and Rollerblades Permitted — Limited Exclusions. Riding skateboards and rollerblades is generally permitted on pathways and sidewalks in City parks, except where posted by the Department. Pathways and sidewalks includes only areas designed for walking, and does not include benches, railings, walls, or other areas or facilities for freestyle stunts, which are prohibited.ln Designated Areas Only. No person shall be permitted to skateboard or rollerblade in park facilities unless otherwise designated by the dDepartment. N. Sound Amplification. No person shall use, operate, or play in a City park any radio, tape player, disc player, television, musical instrument, record player or any other machine or device producing sound at a volume that is audible at a distance of over 30 feet therefrom except pursuant to a permit issued by the dDepartment. O. Swimming. Swimming shall only be permitted in areas specifically posted for such use, and is otherwise prohibited posted areas. Mirabeau Springs is closed to entry or swimming by humans and degspets. P. Tents and Shelters in Parks. _Unless authorized by the dDepartment, no person shall erect, maintain, use, or occupy a temporary tent or shelter in any City park or facility unless there is an unobstructed view through such tent or shelter from at least two sides; provided, however, that nothing in this subsection shall be construed to authorize overnight camping. Q. Trail Use. 1. For the purposes of this subsection, "trail use" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, h rsc, skateboard, rollerskates, and rollerblades. 2. Trail use is open to all non_motorized users unless otherwise designated and posted. Trail use restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails. 3. Every person traveling on a trail shall obey the instructions of any official traffic control device or trail sign unless otherwise directed. 4. No mMotorized vehicles are prohibitedshall be allowed on City trails, however. For the purp scs of this subsecti n, "motorized vehicles" means any f rm of transp rtati n powered by an internal combustion or electric motor. This includes but is not limited to Page 5 of 8 motor vehicles, golf carts, mopeds and all terrain vehicles. This subsection shall not apply to wheelchairs and assistive mobility devices powered by electric motors, ander authorized maintenance, police or emergency vehicles are exempt. R. Trespassing. No person, except an authorized City employee or emergency response personnel; or other person duly authorized, shall enter or go upon any area or facility which has been designated and posted as a "No Admittance" or "No Trespassing" area, ef-during any time when the park is closed to the public, or after law enforcement personnel have informed that person in writing that they are excluded from a designated park facility or facilities. S. Washing of Vehicles. No person shall clean or wash any motor vehicle in any City park or facility, except in areas specifically designated for that use. T. Hitting Golf Balls. No person shall hit golf balls within a City park or facility. U. Airborne vehicles. No person shall launch, operate, or land an airborne vehicle while standing on or in any City park or facility, except in areas specifically designated and posted by the City for such use. V. Signs. No person shall distribute or post any handbills, circulars, or signs in any City park, except by written agreement or permit issued by the Department. W. High-risk or damaging activities. No person shall engage in high-risk or damaging activities in any City park except by written agreement or permit issued by the Department. 6.05.0870 — Violation. Any person violating any provision of SVMC 6.05.030, 6.05.040, 6.05.050, or 6.05.060, of 6.05.070 shall have committed a class 3 infraction. For violations of SVMC 6.05.050 and 6.05.060, the City shall have all authority under the law to enforce violations, including but not limited to preclusion of future violations through use of injunctive remedies through Superior Court. 6.05.0830 — Rules governing use of City parks and facilities — Violation a misdemeanor. A. Alcohol Consumption. No person shall knowingly allow, conduct, hold, maintain, or consume an alcoholic beverage in City parks or facilities without first obtaining a permit from the dDepartment. B. Designated Areas. The city council shall, through resolution, designate specific areas in City parks and facilities where alcohol may be consumed after obtaining an alcoholic beverage permit. C. Application for Alcoholic Beverage Permit. Application for permits shall be in writing and filed with the 4Department. The application shall be filed no less than 10 days prior to the gathering at which alcoholic beverages will be consumed. Fees for such permits shall be established by separate City Ceouncil resolution. The dDepartment shall prescribe the form of the application, which shall include name and age of applicant, public place where permit is to be used, type of activity, date Page 6 of 8 of activity, measures to control the consumption of alcoholic beverages, and such other matters as deemed appropriate by the dDepartment. These permit requirements shall be in addition to those required by the Washington State Liquor and Cannabis Board for a Liquor Permit. The director shall review and either approve or deny the application within five days from receipt. The director may impose reasonable conditions upon the permit. An applicant may appeal a decision to grant, deny, or condition an alcoholic beverage permit to the City Manager, who can reverse, affirm, or modify the Department's decision pursuant to the criteria set forth in SVMC 6.05.040. A denial by the director may be appealed to the city council within 10 days from the date of the denial. D. Damage to Property. No person shall remove, damage, or destroy any area or City property in a City park or facility, including natural or man-made features, or excavation of any kind unless related to metal detecting, in which case a small hole may be provided it is entirely filled in with any turf replaced. The hanging or anchoring of any items from park facilities, fences, trees, and other vegetation is prohibited. The hanging of pinatas is permitted within picnic shelter structures provided it is done in a way that it is not likely to result in damage to the facility or to any person. E. Damage to Wildlife. Except for fishing and shellfishing authorized by state law,in authorized areas and subject to rules promulgated by the Washington State Fish and Wildlife Comms sien, it is unlawful in any park to capture, attempt to capture, tease, annoy, disturb, feed, or strike any bird or animal, or to throw or otherwise propel any object at or in the vicinity of any bird or animal. F. Dumping in Water Prohibited. No person shall deposit any waste or refuse of any nature, including human or animal waste, into any river, stream, lake or other body of water running in, through, or adjacent to any City park. G. Firearms, Weapons. 1. No person except dut.y-authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a City park or facility. No person shall discharge across, in, or onto any facility any weapon, including but not limited to a firearm, bow and arrow, slingshot, crossbow, air or gas weapon (including paintball), or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property. This subsection shall not apply where the department issued a special event permit for such activity. 2. Possession of firearms in any stadium or convention center, operated by the City, county, or other municipality, is prohibited except that such restrictions shall not apply to: a. Any pistol in the possession of a person licensed pursuant tounder RCW 9.41.070 or exempt from the licensing requirement pursuant toby RCW 9.41.060; or b. Any showing, demonstration, or lecture involving the exhibition of firearms pursuant to RCW 9.41.300(2)(b)(ii). Page 7 of 8 H. Fireworks. No person shall possess, discharge, or cause to be discharged; in any City park or facility, any firecracker, torpedo, rocket, firework, explosive, or similar device, unless so authorized by the department. I. Interference with Trails. No person shall place, deposit, or otherwise locate any object, structure or device, whether natural or artificial, that threatens or endangers any trail, interferes with normal use of the trail, or that threatens or endangers any person traveling thereon. _This subsection shall not apply to City employees in the performance of their duties or to persons acting pursuant to written direction of the City. J. Outside Household or Commercial Waste. No person shall bring in or deposit household or commercial garbage or other, refuse, waste, or rubbish which is brought in such form from any private property, in any City park or facility garbage can or other receptacle. K. Removal of Property. No person shall remove any City property from a City park or facility without prior written the permission of the dDepartment. L. Solicitation. No person shall solicit, sell, or peddle any goods, services, food or drink, or distribute or post any handbills, circulars, or signs, or use any loudspeaker or other amplifying device, in any City park, except by contract or by permit issued by the department. M. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle in any City park or facility. 6.05.0904-00 — Violation — Penalty. Any person violating any provision of SVMC 6.05.0806.05.090 shall be guilty of a misdemeanor. 6.05.1004-0 Administrative Other sanctions. In addition to any prescribed penalty in chapter 6.05 SVMC, any person failing to comply with any provision of chapter 6.05 SVMC or otherwise violates any criminal provision of state lawthis chapter shall be subject to the loss of park or recreation facility use privileges for up to six months. Such exclusion shall be initiated by a notice of trespass which identifies the nature of the conduct which resulted in the trespass. A notice of trespass may be appealed to the director within 14 days from the date of issuance. A person issued a notice of trespass may appeal the notice to the City Manager who, after consideration of the basis for the appeal, may uphold the exclusion and determine an appropriate length of time for exclusion, or overturn the exclusion. 6.05.1102.0 — Rules and policy. The directorcity manager or designee may develop rules, policies, and forms to implement this chapter 6.05 SVMC. Page 8 of 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 15, 2019 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — no camping on public property. GOVERNING LEGISLATION: RCW 35A.11.020; Martin v. Boise, 920 F.3d 584 (9th. Cir. 2019). PREVIOUS COUNCIL ACTION TAKEN: March 26, 2019 discussion on funding for homeless issues; June 4, 2019 discussion on 2019 Point -In -Time Homeless count for Spokane County; July 9, 2019 discussion on no -camping enforcement, HB 1406, and proposed Spokane homeless shelter. BACKGROUND: Like many of the larger communities on the west coast, Spokane Valley has been experiencing significantly more impacts from the increasing issue of homelessness over the past several years. The causes of homelessness are complex and varied. City staff continue to engage in discussions with staff from Spokane and Spokane County regarding potential regional approaches, but it appears clear that these are not likely to be implemented prior to this winter, and staff will report back to Council at an appropriate time regarding those issues. At this time, however, there are no homeless shelter beds available in the City of Spokane Valley. As previously discussed with Council on March 26 and July 9, the City contributes at least $1.2 million annually to address homelessness issues in the region, with those funds being routed through Spokane County, which then allocates them to various public and private providers. The City is experiencing a number of consequences of the increase in homeless individuals within the City. As many residents have noted, there are two City parks that have recently seen a number of people camping or squatting on park property, specifically Balfour Park and Sullivan Park. Councilmembers and staff have received comments that residents don't feel safe using those parks because apparent homeless individuals are there with large amounts of personal belongings. Police have noted individuals using park restrooms as temporary housing, precluding their use by the public as restrooms. The police recently noted that the sink in one restroom was being used as a fire bin, causing significant risk of property damage and personal injury. Park staff have stopped issuing park reservations for Sullivan Park because removing homeless people from the rental facilities has proven too difficult. The City has also noted a number of instances where people are camping in RVs and camp trailers along roadways. This is unsafe for several reasons, including risk of significant injury or death if another vehicle hits the RV/trailer. Further, the lack of sanitary waste disposal facilities creates a significant risk of disease and contamination. Parks and rights-of-way are intended for shared use by the public for park or transportation purposes, and are not intended for use for habitation. Like many communities, Spokane Valley seeks to further exercise its police powers to regulate these public areas within the constraints of the law. As identified in the recent case of Martin v. Boise, 920 F.3d 584 (9th. Cir. 2019), cities have authority to preclude such public camping, with some constraints. The primary holding in the Martin case is that if there is no homeless shelter bed space available at the time enforcement was sought, then the person could not be cited. However, the Court went on to say that cities could identify certain areas where no public camping could occur, provided there was not a total ban. Staff has prepared draft language for discussion with Council that attempts to balance these competing interests. Some important components include the following: 1. Generally prohibits camping on public property, including rights-of-way (roadways, sidewalks), stormwater property, City Hall, parks and park facilities, and any other public property where camping would materially interfere with the intended public use of the property. 2. Prohibits encampments, which are characterized by accumulations of belongings typically associated with camping. If an encampment is found on non -park public property, a 48-hour notice to vacate would be issued, after which the belongings would be collected and stored for at least 60 days. For park property, there would be no 48-hour notice, and instead the person must remove the belongings immediately. If no person is present, then the City would collect and store the belongings for at least 60 days, with notice posted near where the belongings were collected providing information on where they could be collected. 3. Consistent with Martin v. Boise, the Code provision would not be enforced if shelter bed space is not available. There would be certain areas where public camping is never allowed, including City Hall grounds, Balfour Park, and Mirabeau Meadow/CenterPlace grounds. As mentioned above, the City continues to explore potential regional cooperation for access to shelter beds. Even if the City acquires a right to use a certain number of shelter beds, our Code will include a provision stating that enforcement of the public camping prohibition will be suspended if the City/law enforcement determine that a bed is not available at the time a citation is being considered. This will require a good communication pattern or system that will allow immediate checks. If this verification is unable to be made, then a citation cannot be issued and the person would be allowed to camp in most public spaces provided they did not significantly limit the intended use of the space for public purposes. Additionally, staff is working to identify how transportation of people and belongings could occur in an efficient manner. It is our intent not to use the police in this manner so they can continue to address other public safety issues. OPTIONS: (1) Consensus to place on a future agenda for ordinance first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for first reading. BUDGET/FINANCIAL IMPACTS: Unknown. STAFF CONTACT: Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney. ATTACHMENTS: Draft Code language regulating public camping. Chapter *.** - REGULATING PUBLIC CAMPING *.**.010 - Purpose. It is the purpose of this chapter to prevent harm to the health and safety of the public and to promote the public health, safety and general welfare by keeping public streets, sidewalks, parks, and other public property within the City readily accessible to the public, and to prevent use of public property for camping purposes or storage of personal property which interferes with the rights of others to use the areas for the purposes for which they were intended. *.**.015 — Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: "camp" means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purpose of, or in such a way as will facilitate remaining overnight, or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight. "camp facilities" include, but are not limited to, tents, huts, temporary shelters, campers, recreational vehicles, or trailers. "camp paraphernalia" includes, but is not limited to tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. "contraband" means any property that is unlawful to produce or possess. "litter" shall have the same meaning as used in RCW 70.93.030(6) and (11). "park or park facility" means any real property, building, structure, equipment, sign, shelter, swimming pool, vegetation, playground, or other physical property owned or controlled by the City for park purposes. "personal property" means an item that is: 1. reasonably recognizable as belonging to a person; 2. in its present condition has apparent utility and/or value; and 3. is not hazardous or unsanitary. "right-of-way" shall have the same meaning as is stated in SVMC Appendix A. "solid waste" shall have the same meaning as used in RCW 70.95.030(22). "store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. "trail" means a public path constructed for the primary purpose of allowing recreational non - motorized transportation. The City has two trail systems, the Centennial Trail and the Appleway Trail. "unauthorized encampment" means two or more camp facilities in an identifiable area which appears to be being used for unlawful camping. For purposes of this chapter an identifiable area includes areas where the camp facilities are in sight of each other and/or areas where each camp facility is located within approximately 300 feet of another structure. Page 1 of 3 *.**.020 - Unlawful camping. It is unlawful for any person to camp in the following areas, except as otherwise provided by the Spokane Valley Municipal Code: A. Any right-of-way; B. Any trail, park, or park facility; C. Any publicly -owned parking lot or publicly -owned area, improved or unimproved; or D. Any public area where camping obstructs or interferes with the intended public use of the property. *.**.025 - Storage of personal property in public places. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by the SVMC: A. Any right-of-way; B. Any trail, park, or park facility; C. Any publicly -owned parking lot or publicly -owned area, improved or unimproved; or D. Any public area where storage of personal property obstructs or interferes with the intended public use of the property. This section shall not apply to vehicles, including trailers, recreational vehicles, and campers, which are unoccupied and parked in rights-of-way, unless otherwise prohibited by law. *. * *. * * * - Penalty for violations. Violation of any of the provisions of chapter *.** SVMC is a misdemeanor, and shall be punished upon conviction of such violation by a fine of not more than $1,000 or by confinement not to exceed 90 days, or by both such fine and confinement. *.**.*** - Unauthorized encampments. Upon a determination by law enforcement that an area constitutes an unauthorized encampment, the personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste may be removed subject to the following provisions: A. If the unauthorized encampment is on park or park facilities, City Hall, or is at a location which results in a significant risk of harm to any person, then police may immediately remove any personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste, which shall be stored in the same manner as set forth in SVMC *.**.***(B)(2). B. Prior to removing property from an unauthorized encampment on public property other than park property or park facilities, City Hall, or at a location which results in a significant risk of harm to any person, the following shall occur: 1. The City shall post at least a 48-hour advanced notice, which shall include the following: a. The address or location of the unauthorized encampment; b. A statement that camping in the area is prohibited by SVMC *.**.***; c. A statement that any individual continuing to use the area for unlawful camping may be subject to criminal penalties pursuant to chapter *.** SVMC. Page 2 of 3 d. A statement that any personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste remaining at the encampment after the notice period is subject to removal by the City. 2. At the end of the 48-hour notice period, any personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste may be removed by City personnel or agents thereof. a. Any personal property that is removed shall be stored by the City for at least 60 days prior to being disposed. b. Notice of where personal property removed from the encampment may be claimed shall be posted at the location. c. If the name and contact information for the owner of a particular item of personal property can reasonably be identified, the City shall attempt to contact the identified owner and provide notice that the item has been removed and how to claim the item. d. Any contraband located at the encampment shall be seized and properly disposed or retained as evidence of criminal activity. e. Any litter or solid waste found at the encampment shall be properly disposed. C. Any individual who receives a notice under this section, or whose property is removed from an encampment, has a right to meet with the City Manager or designee to raise any concerns, objections, or extenuating circumstances. At the conclusion of the meeting, the City representative shall prepare a written decision detailing the individual's concerns, as well as the City's response. Notice and procedure to set up a meeting shall be posted at or near the encampment site. **.*** - Enforcement suspended. Except as otherwise provided in this section, enforcement of criminal provisions of this chapter shall be suspended any time there is no space or beds available in regional homeless shelters that accept patrons from the City, to the extent such available space or beds are required by law. In such circumstances, all provisions of this chapter shall continue to apply to camping, storage of camp facilities, and unauthorized encampments at the real property containing City Hall (Spokane County parcel number 45201.0122) Balfour Park (Spokane County parcel numbers 45174.9061, 45174.9062, 45174.9031, and 45174.9059), and CenterPlace/Mirabeau Meadows (45105.9010). *.**.*** - Severability. If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, or the application of the provision to other persons or circumstances is not affected. Page 3 of 3 Nov 5, 2019 Meeting Cancelled (election night) To: From: Re: DRAFT ADVANCE AGENDA as of October 10, 2019; 9:30 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Oct 22, 2019, Special Meeting, 5 pm, Council Chambers Executive Session: Review Performance of a public employee [RCW 42.30.110(1)(g)] Oct 22, 2019, Formal Meeting Format, 6:00 p.m. Proclamation: Bicentenary of the Birth of the BAB (Bahai) 1. PUBLIC HEARING: 2019 Budget Amendment — Chelsie Taylor 2. First Reading Ordinance 19-016 Budget Amendment for 2019 — Chelsie Taylor 3. Consent Agenda (claims, payroll, minutes) 4. Second Reading Ordinance 19-015, 2020 Property Tax — Chelsie Taylor 5. First Reading Ordinance 19-017, 2020 Budget — Chelsie Taylor 6. Motion Consideration: Outside Agency Grant Awards — Chelsie Taylor 7. Admin Rpt: 2020 State Legislative Agenda — Mark Calhoun, Cary Driskell 8. Admin Report: Initiative 976 — Erik Lamb, Bill Helbig 9. Admin Report: Advance Agenda — Mayor Higgins 10. Info Only: Department Reports [due Tue Oct 151 (10 minutes) (10 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (20 minutes) (15 minutes) (5 minutes) [*estimated meeting 100 mins] Oct 29, 2019, Study Session, 6:00 p.m. [due Tue Oct 22] 1. Police Dept Quarterly Report — Chief Werner (10 minutes) 2. Admin Report: Barker/I-90 WSDOT Interchange Project Update — Erica Amsden, G. Mantz (10 minutes) 3. Pavement Preservation, Ad Hoc Committee — Adam Jackson, Bill Helbig (40 minutes) 4. Advance Agenda — Mayor Higgins (5 minutes) 5. Info Only: Election Night and Council Meetings History [*estimated meeting 65 mins] Nov 12, 2019, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: #3 — Final 2020 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance 19-016 for Budget Amendment 2019 — Chelsie Taylor 4. Second Reading Ordinance 19-017, 2020 Budget — Chelsie Taylor 5. Resolution 19-015 Adopting Parks & Rec MasterPlan — Mike Stone, Chaz Bates 6. Admin Report: Comp Plan Amendments — Mike Basinger, Chaz Bates 7. Admin Report: LTAC Recommendations to Council — Chelsie Taylor 8. Admin Report: Advance Agenda — Mayor Higgins [due Tue Nov 51 (10 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 90 mins] Nov 19, 2019, Study Session, 6:00 p.m. ACTION ITEMS: 1. Motion Consideration: Comp Plan Docket — Mike Basinger, Chaz Bates 2. Motion Consideration: 2020 State Legislative Agenda — Mark Calhoun, Cary Driskell NON -ACTION ITEMS: 3. Proposed 2020 Fee Resolution — Chelsie Taylor 4. Advance Agenda — Mayor Higgins [due Tue Nov 12] (15 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 40 mins] Draft Advance Agenda 10/10/2019 12:48:25 PM Page 1 of 2 Nov 26, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Marketing & Communications Report 3. Admin Report: Advance Agenda — Mayor Higgins 4. Info Only: Department Reports [due Tue Nov 191 (5 minutes) — L. Brassfield, J.Kleingartner, M.Basinger (15 mins) (5 minutes) [*estimated meeting: mins] Dec 3, 2019, Study Session, Meeting Cancelled (due to Thanksgiving Week) Dec 10, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed Fee Resolution for 2020 — Chelsie Taylor 3. Motion Consideration: Lodging Tax Awards for 2020 — Chelsie Taylor 4. Admin Report: Advance Agenda — Mayor Higgins Dec 17, 2019, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins December 24, 2019, and December 31, 2019 meetings cancelled [due Tue Dec 31 (5 minutes) (15 minutes) (20 minutes) (5 minutes) [*estimated meeting 45 mins] Jan 7, 2020, Study Session, 6:00 p.m. 1. Council officer Selections for Mayor and Deputy Mayor — Chris Bainbridge 2. Admin Report: Advance Agenda Jan 14, 2020, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Planning Commissioners 3. Mayoral Appointments: Lodging Tax Advisory Committee Members 4. Admin Report: Advance Agenda Jan 21, 2020, Study Session, 6:00 p.m. 1. New Employee Quarterly Report — John Whitehead 2. Police Department Quarterly Report — Chief Werner 3. Advance Agenda *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: St. O&M Pavement Preservation Tree City USA Utility Facilities in ROW Vaping Water Districts & Green Space Way Finding Signs Appleway Trail Amenities Donation Recognition Graffiti Health District Re SV Stats Land Use Notice Requirements Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol New Employee Rpt (Jan, April, July, Oct) Opposition to City Levied Income Tax Park Lighting PFD Presentation Police Dept Qtr Rpt (Jan, April, July, Oct) Sign Ordinance SRTC/Census Coordinator St. Illumination (owners, cost, location) [due Tue Dec 101 (5 minutes) [due Tue Dec 311 (15 minutes) (5 minutes) [due Tue Jan 71 (5 minutes) (10 minutes (10 minutes) (5 minutes) [*estimated meeting: 30 mins] [due Jan 141 (5 minutes) (10 minutes) (5 minutes) Draft Advance Agenda 10/10/2019 12:48:25 PM Page 2 of 2