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2020, 03-17 Study Session MINUTES City of Spokane Valley City Council Regular Meeting Study Session Format Tuesday, March 17, 2020 Mayor Wick called the meeting to order at 6 pm. Ben Wick, Mayor Mark Calhoun City Manager Brandi Peetz,Deputy Mayor John Hohinan, Deputy City Manager Pam Haley, Councilmember Cary Driskell, City Attorney Tim Hattenburg, Councilmember Erik Lamb, Deputy City Attorney Rod Higgins, Councilmember Mike Stone, Parks & Rec Director Linda Thompson, Councilmember Mark Werner, Police Chief Arne Woodard, Councilmember Bill Helbig, Senior Engineer Jenny Nickerson,Building Official John Whitehead,Human Resources Manager Carrie Koudelka, Deputy City Clerk ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Peetz seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS la. Spokane Regional Health District Update- Mayor Wick Mayor Wick invited Dr. Lutz, County Health Officer, to present information on the COVID-l9 virus. Dr. Lutz began by asking people to take this very seriously;he said the spread of the virus started subtly but as it progresses,he is becoming more concerned. Dr.Lutz went over the slide presentation and explained that life will be different over the next weeks and likely over the next months, and said it will take months to determine whether we are successful in limiting the curve; he noted the majority of people infected by COVID-19 have mild to no symptoms, but also noted the weekly statistics from the CDC of hospital visits and hospitalizations, and mentioned some of the goals of the NPI (no pharmaceutical interventions), such as increased handwashing, improved respiratory hygiene, enhanced social distances, and frequently cleaning and disinfecting high-touch and common surfaces.Dr.Lutz also went over targeted closures such as concerts, sporting events, houses of worship, and theaters, and schools, workplaces, shopping malls,. restaurants, gyms and restaurants; he mentioned the Governor's proclamation instituting a two-week closure, or through March 31, 2020, of restaurants, bars, and coffee shops, as well as entertainment and non-essential services like theaters and fitness centers, and that there are to be no gatherings of more than 50 people,with smaller gatherings following social distancing recommendations. Lengthy discussion included infection data and mortality rates; flattening the curve; average median time of showing symptoms between two and fourteen days, and that some people can be infected but not be aware of it as they might not have any symptoms; that the major symptom is shortness of breath and fever; limited testing as well as testing labs processes, and that people who test positive should self-isolate. Council thanked Dr. Lutz for his informative presentation. ACTION ITEMS: 1 b. Resolution 20-005 Ratifying City Manager Emergency Proclamation -Mark Calhoun It was moved by Deputy Mayor Peetz and seconded to approve Resolution 20-005 declaring an emergency relating to the COVID-19 pandemic. City Manager Calhoun explained that yesterday, he issued an emergency declaration and that it must now be ratified by Council; he said that this resolution will relax the Council Meeting Minutes:03-17-2020 Page 1 of 4 Approved by Council:04-14-2020 procurement rules for entering into contracts,and authorizes the City Manager to amend City programs and close facilities;he noted that we have closed the Senior Center through April 24, as well as parks programs including the Arbor Day celebration; in conjunction with this emergency,and to aid citizens and encourage online purchasing of permits,he said the City will waive the fee for credit card payments.Mr. Calhoun said he met with directors and we are encouraging staff to work from home;that he will continue the operations with approximately half of our normal workforce working from home,and half in the office, and that those staff members will rotate; he also noted that the west entrance to City Hall will be locked and the only access to the building will be through the east doors as the intent is to have very few people in the lobby; he said staff will do our best to continue the high level of service to the community.Mayor Wick encouraged citizens to e-mail citvcouncil@spokanevalley.org to give public comments if they don't want to attend meetings in person; he also noted that Meals on Wheels needs drivers and he encouraged younger people to volunteer. Mayor Wick invited public comment. Ms. Barb Howard, Spokane Valley: she rhetorically asked why it has taken until tonight before doing anything when an emergency was declared last February. There were no further public comments. Vote by acclamation:in favor:unanimous. Opposed:none. Motion carried. City Manager Calhoun stated that if the City's service hours change, he will let Council and the public know through our website and social media. lc. First Reading Ordinance 20-004 Substitute Social Security Plan Rates-John Whitehead It was moved by Deputy Mayor Peetz and seconded to suspend the rules and approve Ordinance 20-004 amending SVMC 2.50.100 relating to Social Security and Medicare, after which Deputy City Clerk Koudelka read the ordinance title. Human Resources Manager Whitehead explained that employees contribute to FICA(Federal Insurance Contributions Act)and Medicare; and that in 2003 the City opted to participate in a 401A Retirement plan as a substitute to social security;that Council sets the rates contributed by employee and employer to be in line with federal rates, and that at times,the federal rate can change; he said because our rate is tied together, if the rate of the employee is reduced, the unintended consequence would be that at the time of retirement, there would be is less retirement funds. He further explained that the ordinance sets out that if the federal rates change, our rates would stay the same. Mayor Wick invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. l d. Motion Consideration: WSDOT Land Acquisition- Cary Driskell It was moved by Deputy Mayor Peetz and seconded to authorize City Staff to finalize and execute any documents necessary to acquire Spokane County parcel numbers 55072.0324, 55072.0318, 55072.0319, and 5075.0218 from the Washington State Department of Transportation for parks and recreation purposes. There was Council discussion about not making this purchase at this time and to conserve our resources,with Councilmember Woodard stating he wanted to postpone the purchase. Mayor Wick asked Mr.Driskell about options such as putting down earnest money to hold the purchase.City Attorney Driskell replied that this is late in the game and he did not anticipate this conversation; that there could be options but he doesn't know the urgency on the part of the Washington State Department of Transportation (WSDOT); said this was surplus property and there could be other interested buyers. Discussion continued including discussion about which funds would be used. City Manager Calhoun said the budget has been adopted with anticipated revenues exceeding expenditures and in general, that we have adequate reserves to purchase this property. There was also discussion about this prime real estate and that there may not be another opportunity for this kind of land purchase.Mayor Wick invited public comment,Deputy City Clerk I(oudelka mentioned a comment received via e-mail from Mr. Kevin Anderson who voiced his opposition to the purchase. Ms. Barb Howard, Spokane Valley: said she would like to go back to WSDOT to see if there are other options before such a purchase is made. There were no further public comments. Councilmember Haley said she spoke with citizens who are concerned about the purchase; and that she too would like to go back to WSDOT to see if we can work out something. Deputy Mayor Peetz said she would like to go back to WSDOT before voting on this purchase, and Councilmember Woodard agreed, and said this is a great piece of property and he doesn't want to jeopardize our ability to purchase this. Council Meeting Minutes: 03-17-2020 Page 2 of 4 Approved by Council:04-14-2020 Mr.Driskell explained that he can speak with WSDOT but needs further Council direction as to how much time we are thinking about; said the draft contract said a payment would be made within 60 days, so he is not sure how long they would be willing to wait for a commitment by the City. Councilmember Thompson said she thinks WSDOT would be open to a delay. Based on the discussion, Mr. Driskell suggested the maker of the motion withdraw the motion. Deputy Mayor Peetz withdrew her motion and there were no objections. NON-ACTION ITEMS: 2. Code Text Amendment, Fencing-Jenny Nickerson Building Official Nickerson went through her PowerPoint presentation showing the proposed changes to the fence height regulations; specifically that in residential zoning districts, fence height would be changed from a maximum of eight feet, to a maximum of six feet, however, the City Manager could grant an administration exception for a fence of more than six feet in height, but no more than eight feet in height where associated with a permitted non-residential or multi-family use in a residential zoning district, and where necessary for the public safety, security, or screening purposes. Ms.Nickerson explained that there is also a question of how the height is to be measured; and by allowing a fence to be measured from the finished grade elevation immediately adjacent to the fence, as opposed to including the height of a retaining wall or lower elevation of a slope, developers and homeowners would have the opportunity to have a fence using standard construction methods and materials, and this would also render the need to allow a fence taller than six feet unnecessary in the residential zones. Following discussion about the verbiage in the proposed amendment and whether to have the height six or eight feet, Council decided to stay with the eight feet in the residential zones to address security and safety needs which are commonly associated with residential uses such as swimming pool barriers and garden enclosures. Ms. Nickerson said staff will make those changes and bring this forward for a first ordinance reading. 3. Planning Commission Rules of Procedure- Jenny Nickerson Building Official Nickerson noted that the Planning Commission reviewed the current Rules of Procedure and recommended additional revisions, and she now presents the final recommended version to Council. After brief discussion,there was Council consensus to place a resolution on the March 24 council agenda for Council adoption consideration. Mayor Wick called for a recess at 7:40 p.m.;he reconvened the meeting at 7:45 p.m. 4. Tree City USA-Mike Stone Parks &Recreation Director Stone went through his PowerPoint presentation explaining the requirements of becoming a designated Tree City USA; he noted some of the benefits to becoming a Tree City USA,and went over the four requirements, i.e.: we must have a department or tree board,adopt a tree care ordinance, have a community forestry program with an annual budget of at least$2 per capita,and have an Arbor Day proclamation and observance; lie also noted the designation requires an annual renewal application. Mr. Stone said that if Council wishes to pursue this, he recommends designating a department to oversee and manage the City's urban forest, to draft a simple ordinance, have an Arbor Day proclamation and celebration, hire a consultant to develop a forestry management plan, and he also recommended tracking expenditures throughout the year and submitting an application in late 2020. There was talk about the utility companies, and a question arose if we would need additional staff. Mr. Stone said the duties would be handled in house and with a consultant if necessary. Councilmember Thompson said she likes the idea of a tree board and Councilmember Woodard said if we do proceed, it should be done with caution, especially if we did use a tree board. There was Council consensus to move Council Meeting Minutes:03-17-2020 Page 3 of 4 Approved by Council:04-14-2020 this forward to have the program handled in-house, to draft an ordinance, and to use volunteers but not necessarily a tree board. 5. Advance Agenda—Mayor Wick Councilmember Higgins said he would like staff to look into getting funding for more flashing beacons as there are schools that don't have them. Deputy City Manager Hohman explained that typically we have received the equipment through the schools and they are put in place by the County; he also noted he can look at getting an inventory from the schools and bring back a report to Council.Councilmember Thompson mentioned parks and Mr.Hohman said he will look into that as well; he also noted these are traffic control devices and certain guidelines must be met; but we will start with an inventory and go from there. Thereafter, there was discussion about options for continuing Council meetings based on the current COVID-19 pandemic. Mr. Calhoun explained that we have the technology and Council could meet remotely, that we would offer the public viewing as we do now, but also for the ability for the public to comment remotely. Councilmember Woodard said he does not want to go remote and still wants to come into City Hall and do his job,while Deputy Mayor Peetz remarked that Council needs to be ready for the possibility of not being able to meet in person. City Attorney Driskell said we need to continue to meet the requirements of the Open Public Meeting Act while minimizing exposure and risk; and Councilmember Thompson said she is supportive of whatever plan we can come up with to continue doing business. City Manager Calhoun said staff will do their best,will research options,and will keep Council informed. 6. Customer Service Survey Report,4th Quarter The Fourth Quarter Customer Service Survey Report was for information only and was not reported or discussed. 7. Council Check-in—Mayor Wick There were no further Council comments. 8. City Manager Comments—Mark Calhoun City Manager Calhoun mentioned that the CenterPlace West Lawn project will begin Monday; he also noted that Lobbyist Brianna Murray informed us that the State's Supplemental Capital Budget was approved last week and it includes $130,000 for our Sullivan Water line project, and he extended thanks to Senator Padden who championed that project through the committee. Mr. Calhoun also noted that we have been informed that the Valley Museum was awarded$70,000 in that supplemental budget as well. 9. EXECUTIVE SESSION [RCW 42.30.110(1)(b)and(1)(i)] Land Acquisition; Pending Litigation It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session for approximately 30 minutes to discuss land acquisition and pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:32 p.m. At 8:55 p.m., Mayor Wick declared Council out of executive session and immediately thereafter, it was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. iL21 ATTE Ben Wick, Mayor hristine Bainbridge, City Clerk Council Meeting Minutes:03-17-2020 Page 4 of 4 Approved by Council:04-14-2020 ITEM la CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 17, 2020 Department Director Approval: i1 Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane Regional Health District COVID-19 Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: A representative from the Spokane Regional Health District will provide an update to the COVID-19 virus and the actions they are recommending. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Mark Calhoun, City Manager ATTACHMENTS: N/A `' 1. b « 4 411P • s yr' e .••. .! ., P- Ir.. i 1C r 1 ' 1s�_` *I + ` 4— f _ t14 . i.4' I ; .. ' . • Bob Lutz, MD, MPH ' , County Health Officer • * 03.17.2020 i0 1 ' . Coronavirus COVID 19 Global Cases by the Center for Systems Science and Engineering(CSSE)at Johns Hopkins University(JHU) iotaICanfirmed id.I1'"'1` l�alfletw+rcJ II I- ` 7,868 80,841 Confirmed Cam.nr, . . . .. . r..1 en.nlryl.ryredpply sere:yn "� Chiu, . ' on 11 II liy r.utnrcn Iran Spa4n .. I .1'',.4-,"j.."'' Io_..., Gar any Kki reel,'South ..-o f1.5nt .�� dgrnydai„� actlorg, ra v n,I,.,,,n fY..,Aln�lon i.. 1,0191<nr4,.I 4 A Ir..'., nom= r ...tom gaidOle w 153 •..... ..: /17/2020,1!',`,1 01 PM tin Red States COVID-19 Coronavirus Case Tracker ALMS.CoNVIRME12.5. 0'-'VI,1.411114.5 U.S.11EZOWEREO "RADA 17 ........... 1,.0111,,,t1V LS 13.!MATE ..ktar ',.,deaths iSc:::zrz ad Wsiliagglan125 1..... ,'deaths 3 mt.-ram] marrand ii.0.040.* iharrogl . d21,2K...ward . revenila E.ashmieZUtbSs I r.,..minirl lINIIIEil 114.17421 dads11,11,111COV .1-.... ,,,,,, C.C41.1,6 OS • I ittomed -O.- EN Nria.11... deaths N.t._,..4-1.4-see .1...vw.,.1.25 I 10 CfraV014 deaths 5.1.1.0101. . .. ..• DAL.. PI.c.1,1..y.115 I id Cr11,-..-61 Canada Montbm, .44-. imt..." 11.2na Gulailkin lai'aeTr. LAST UPDATE 417/2020,113 PM Ne,C.,,r,..MO,205 EM E, Gen.550 I . — Weekly Percent of ED Visits for CLI 4.0 3.5 3.0 t 35 je.2.0 • ' -.--- '-- 1.5. 1.0 0.5 0.0 . . * ' '1,, '4...., "t, 70, ',;,?..... '44,_ l''...e 1 *,, 2, ! 'b 0 't, 0,_, v.. 6 `, 5t, % COC W01* III Ostel.Normal Dela Worniv•Data:Merl Weekly Percent of Ct,l Hospitalizations t5 1.4 1.3 1,2 1.1 1,0 t: 0.9 0,8 o. 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0.0 13. ‘4, b, ba aoa •� t$ 'b b `ba ,b,a 'Q?l ,ai ` Q�6 bs "$ t9 "� o �i COC Week ■Dote,r(oimot•Cale Jot goal of NPI for pandemics Slew xccttealhvr of nutn6cl W ca.-1 Pan[1.nsc u+albrwat i&-0yre peals numb.+pt ras. Pu. and resoled demands to l.nw.vh ant antrastrucsrma , ' _ Restos@ Mmr4P lin. ._ �I�/��r/taaws and heahh effects 10, pandanMtaulbrcaL v With ti,.,<mnrh, diela Number or days since fast rase Source:COC.MMWH 2017;06(1):1-34.lhttos'/lwww.Ct1C.Cav/mmwr/volumes/66/rr/rr6601ai.htm HIn. LTH � NON-PHARMACEUTICAL INTERVENTIONS (NPI) 1. Increase handwashing and use of 8. Involuntary isolation of sick persons alcohol-based sanitizes 9. Involuntary quarantine of contacts of 2. Improve respiratory hygiene/cough etiquette sick persons 3. Enhance social distancing (>6 feet} 6. Voluntary or involuntary event closures 4. Frequently clean and disinfect high- touch and common surfaces 7. Voluntary or involuntary public/private targeted site closures 5. Encourage people to remain home through the duration of respiratory 8. Community wide non-emergency illness travel restrictions 6. Voluntary isolation of sick persons 9 Establishment of cordon sanitaire 7. Voluntary quarantine of contacts of sick persons z{:16YE LTH considerations impacts — mitigation economic social, behavioral, and mental health disproportionate impact or burden on people already experiencing adversity public trust and perception implementation considerations equity focus in decision making public messaging & engagement culturally & linguistically appropriate strategies cross-sector coordination II]IEYE ecai thresholds factors for consideration known cases (prevalence) new cases (incidence) existing clusters/outbreaks healthcare capacity LIM NPIs 6-9 - isolation & quarantine recommendations can be made for 6. voluntary isolation of sick persons 7. voluntary quarantine of contacts of sick persons Health Officer orders 8. involuntary isolation of sick persons 9. involuntary quarantine of contacts of sick persons NPIs 10-11 - event or targeted closures 10. voluntary or involuntary event closures cancellation of mass gatherings or making recommendations for personal NPIs at events (e.g., concerts, festivals, large sporting events, houses of worship, theaters) 11. voluntary or involuntary public/private targeted site closures schools, childcare centers, libraries, courthouses, workplaces, shopping malls, restaurants, gyms, restaurants lKl3N lLilli H LTH NPIs 12-13 - travel restrictions 12 community wide non-emergency travel restrictions limiting or prohibiting travel outside of the home can be restricted to different levels (work/essential, emergency only) 13 establishment of cordon sanitaire legally enforceable order - restricts movement into/out of an area of quarantine implemented with various degrees of severity (e.g, "semi-permeable) lH„3 ITH Governor's proclamation 2-week closure (thru March 31, 2020) food & beverage services with on-site consumption (restaurants, bars, coffee shops) entertainment, leisure & non-essential services (e.g., theaters, gyms/fitness centers, galleries) gatherings of> 50 persons smaller gatherings to follow social distancing recommendations cum= H„ LTD "what we as a society do collectively to assure the conditions in which people can be healthy" (IOM, 1988:1) H°F LTH ITEM lb CITY OF SPOKANE VALLEY Request for Council Action r7 Meeting Date: March 24, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information ❑ admin. report ❑pending legislation ❑ executive session AGENDA ITEM TITLE: Motion consideration—Resolution 20-005 Emergency Declaration—COVID-19. GOVERNING LEGISLATION: Chapter 38.52 RC W. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The City is experiencing the effects of the COVED-- 19 pandemic, along with all other areas of the region, state, and country. Governor Inslee and President Trump have already declared the existence of emergency conditions. The regional governmental entities have similarly declared or will declare in short order that an emergency exists locally. City Manager Mark Calhoun issued an emergency proclamation on March 16,2020. The Council is now being asked to ratify those actions by City Manager Calhoun, and issue a resolution of the City Council declaring that emergency conditions exist. OPTIONS: (1)Adopt Resolution 20-005, or; (2)take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move to approve Resolution 20-005 declaring an emergency relating to the COVID— 19 pandemic. BUDGET/FINANCIAL IMPACTS: Unknown. STAFF CONTACT: Mark Calhoun, City Manager; Cary Driskell, City Attorney. ATTACHMENTS: Resolution 20-005; and Proclamation of City Manager Mark Calhoun dated March 16, 2020. CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON,RESOLUTION 20-005 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,PROCLAIMING AN EMERGENCY OR DISASTER IN THE CITY OF SPOKANE VALLEY RELATING TO THE COVID--19 PANDEMIC,AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to RCW 38.52.010, an "emergency or disaster" shall mean "an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property,or to provide relief to any stricken community overtaken by such occurrences, or(ii)reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010." WHEREAS, the City is responsible for maintaining the health, safety, and welfare of its citizens; and WHEREAS, the City has authority, pursuant to RCW 38.52.070(2), "to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the Iight of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts,the incurring of obligations,the employment of temporary workers, the rental of equipment,the purchase of supplies and materials,the levying of taxes, and the appropriation and expenditures of public funds...";and WHEREAS,the City is a party to the regional Interlocal Agreement for Emergency Management Services. That interlocal agreement was established pursuant to chapter 39.34 RCW and RCW 38.52.070 to facilitate cooperation between the City and the other local governments that are parties to the agreement in the event of an emergency; and WHEREAS, state and federal resources are supplemental to local jurisdiction efforts; and WHEREAS, on February 29, 2020, the Governor of Washington State proclaimed that a state of emergency exists for all counties in the state of Washington for the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, on March 11, 2020, the World Health Organization declared that the spread of the COVID-19 virus had created a global pandemic; and WHEREAS,the President of the United States and the Governor of the State of Washington issued emergency declarations and proclamations on March 13, 2020, regarding the significant public health, safety, and welfare impacts from the COULD-19 pandemic and necessary mandatory actions to stem and prevent further spread of the COVID-19 pandemic within the United States and Washington State, including the City and broader Spokane County region; and Resolution 20-005 Relating to COVID— 19 Pandemic Page 1 of 3 WHEREAS, on March 13, 2020, the.Health Officer for the Spokane Regional Health District identified necessary actions to stem significant public health,safety,and welfare impacts from the COVID- 19 pandemic within the City and broader Spokane County region; and WHEREAS, on March 13,2020, Sheriff Knezovich, Director of the Greater Spokane Department of Emergency Management, activated the Emergency Management Center to assist addressing impacts from the COVID-19 pandemic within the Spokane County region, including the City; and WHEREAS,an emergency or disaster currently exists that necessitates utilization of the emergency powers granted pursuant to chapters 38.52 and/or 35A.33 RCW; and WHEREAS, the emergency conditions may warrant the calling of an emergency meeting of the City Council without prior notice pursuant to RCW 42.30.070; and WHEREAS, significant economic loss has occurred or is occurring as a result of closures of businesses and various governmental agencies. NOW THEREFORE,THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON ORDAINS AS FOLLOWS: SECTION 1—Purpose and intent. As a result of the aforementioned conditions, it is the purpose and intent of this Resolution to formally proclaim the existence of an emergency or disaster in the City of Spokane Valley due to the COVID— 19 pandemic. SECTION 2—Definitions. "Emergency or disaster" (except RCW 38.52.430) as used in all sections of this Resolution shall mean an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06,010. SECTION 3—Emergency Proclamation. A. The action by City Manager Mark Calhoun in proclaiming an emergency at 12:53 pan. on March 16,2020, is ratified by the City Council. The City Manager is authorized to amend City programs and change hours of operation of City facilities, including closing facilities as appropriate and necessary under the circumstances. B. It is hereby declared that there has been an emergency since February 29, 2020, and continues to bean emergency or disaster as a result of the aforementioned conditions in the City of Spokane Valley, Spokane County, Washington; therefore, designated departments are authorized to enter into contracts and incur obligations necessary to combat such emergency to protect the health,safety and welfare of persons and property, and provide emergency assistance to the victims of such disaster pursuant to chapters 38.52 and/or 35A.33 RCW. C. Each designated department is authorized to exercise the powers enumerated in this Resolution in light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law(except mandatory constitutional requirements). Resolution 20-005 Relating to COVID— 19 Pandemic Page 2 of 3 SECTION 4 Effective Date. This Resolution shall be in full force and effect upon adoption, and shall remain in effect until subsequent action by the City Council stating the conditions giving rise to this Emergency Proclamation have subsided. DATED this 17th day of March,2020. Ben Wick,Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 20-005 Relating to COVID— 19 Pandemic Page 3 of 3 CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON PROCLAMATION OF EMERGENCY OR DISASTER RELATING TO THE NOVEL CORONA VIRUS (COVE)— 19) PANDEMIC IN THE CITY OF SPOKANE VALLEY,WASHINGTON,BY THE CITY MANAGER,AND OTHER MATTERS RELATING THERETO. WHEREAS, pursuant to RCW 38.52.010, an "emergency or disaster"shall mean "an event or set of circumstances which: (i)Demands immediate action to preserve public health,protect life,protect public property,or to provide relief to any stricken community overtaken by such occurrences,or(ii)reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010." WHEREAS, the City is responsible for maintaining the health, safety, and welfare of its citizens; and WHEREAS, the City has authority, pursuant to RCW 38.52.070(2), "to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work,entering into contracts,the incurring of obligations,the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds..."; and WHEREAS, the City is a party to the regional Interlocal Agreement for Emergency Management Services. That interlocal agreement was established pursuant to chapter 39.34 RCW and RCW 38.52.070 to facilitate cooperation between the City and the other local governments that are parties to the agreement in the event of an emergency; and WHEREAS, state and federal resources are supplemental to local jurisdiction efforts; and WHEREAS, on February 29, 2020, the Governor of Washington State proclaimed that a state of emergency exists for all counties in the state of Washington for the Novel Coronavirus ("COVID—1 9") pandemic; and WHEREAS, on March 11, 2020, the World Health Organization declared that the spread of the COVID-19 virus had created a global pandemic; and WHEREAS,the President of the United States and the Governor of the State of Washington issued emergency declarations and proclamations on March 13, 2020, regarding the significant public health, safety, and welfare impacts from the COVID-19 pandemic and necessary mandatory actions to stem and prevent further spread of the COVID-19 pandemic within the United States and Washington State, including the City and broader Spokane County region; and WHEREAS, on March 13, 2020, the Health Officer for the Spokane Regional Health District identified necessary actions to stem significant public health,safety,and welfare impacts from the COVID- 19 pandemic within the City and broader Spokane County region,; and Page 1 of 2 WHEREAS,on March 13, 2020, Sheriff Knezovich, Director of the Greater Spokane Department of Emergency Management, activated the Emergency Management Center to assist addressing impacts from the COVID-19 pandemic within the Spokane County region, including the City; and WHEREAS,an emergency or disaster currently exists that necessitates utilization of the emergency powers granted pursuant to chapters 38.52 and/or 35A.33 RCW; and WHEREAS, the emergency conditions may warrant the calling of an emergency meeting of the City Council without prior notice pursuant to RCW 42.30.070; and WHEREAS, significant economic loss has occurred or is occurring as a result of closures of businesses and various governmental agencies; and NOW THEREFORE, I Mark Calhoun,City Manager of the City of Spokane Valley, as a result of the aforementioned situation and pursuant to RCW 35A.13.080 and RCW 38.52.070: DO HEREBY PROCLAIM that a State of Emergency exists in the City of Spokane Valley and direct that the plans and procedures of the currently adopted Interlocal Agreement for Emergency Management Services be implemented. Designated departments are authorized to enter into contracts and incur obligations necessary to combat such emergency to protect the health, safety, and welfare of person and property,and provide emergency assistance to the victims of such disaster. Each designated department is authorized to exercise the powers vested in this proclamation in light of the demands of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law(except mandatory constitutional requirements). As part of such emergency proclamation, I may amend City programs and hours of operation for City facilities, including closing facilities as appropriate and necessary under the circumstances. Further, I may waive such fees as are necessary to promote social distancing for public health, safety, and welfare purposes. DATED this lb ay of March, 2020. Oftiftfik_ Mark Calhoun, City Manager Page 2 of 2 ITEM 1 c CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 17, 2020 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business // new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation❑ executive session AGENDA ITEM TITLE: Ordinance 20-004 Substitute Social Security plan rates • GOVERNING LEGISLATION: Omnibus Budget Reconciliation Act of 1990, Internal Revenue Code (IRC) section 3121(b)(7)(F) and Regulation 31.3121(b)(7)-2 PREVIOUS COUNCIL ACTION TAKEN: In 2003 the City of Spokane Valley City Council approved SVMC 2.50.100 electing to offer a substitute Social Security program for Regular City employees. The Municipal Code that was adopted set the contribution rates for the City and employees to "match FICA contribution rates and maximums..." BACKGROUND: At times the Federal government suspends or reduces payroll taxes which impact the contribution rates that workers and employers pay into Social Security and Medicare. This is done without reducing coverages that are provided by these programs. The City has chosen a substitute plan where the contributions set by, and normally paid into, Social Security are redirected to a 401A retirement plan. Unlike workers that do not have a reduction in benefit when these rates are reduced or eliminated, these temporary reductions or suspensions of contributions reduce or eliminate the benefit provided to Regular City employees. This Ordinance would allow for the City to continue to provide the same contributions during times when FICA rates are temporarily reduced. OPTIONS: 1. Advance Ordinance 20-004 to a second reading with or without amendments, for consideration at a later date; or 2. Suspend the rules and approve Ordinance 20-004. RECOMMENDED ACTION OR MOTION: I move to suspend the rules and approve Ordinance 20-004 amending SVMC 2.50.100 relating to Social Security and Medicare. BUDGET/FINANCIAL IMPACTS: The budgetary impacts of Ordinance 20-004 are included in the approved 2020 City Budget. STAFF CONTACT: John Whitehead, Human Resources Manager ATTACHMENTS Proposed Ordinance 20-004 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE 20-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,AMENDING 2.50.100 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO SOCIAL SECURITY AND MEDICARE,AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted SVMC 2.50.100 in 2003 relating to participation in a substitute Social Security program as a comparable retirement system to the one provided through the federal government; and WHEREAS, SVMC 2.50.100(C) states that the Social Security substitute program shall be a 401A plan, and that City and employee contribution rates and maximums shall match FICA contribution rates and maximums as published in the Internal Revenue Service's Employee Tax Guide, IRS publication 15; and WHEREAS, the federal government may from time-to-time temporarily reduce FICA contributions from employers and employees for various reasons, which can have a detrimental effect on the retirement benefits that employees may accrue while employed by the City; and WHEREAS,the Council believes any short-term gain resulting from such temporary reductions to employees are more than offset by the long-term negative impacts on accrued funds available upon retirement; and WHEREAS, the Council seeks to avoid these types of temporary reductions in retirement contributions by amending the Municipal Code and identifying that any such temporary reductions will not automatically result in a similar reduction for employees of the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code 2.50.100 relating to Social Security and Medicare is hereby amended as follows: 2.50.100 Social Security and Medicare. A. The City of Spokane Valley shall offer a substitute Social Security program, and shall not participate in the Social Security System(FICA) for employees covered by a qualified retirement program. B. Casual, part-time and temporary employees who are not covered by a qualified retirement program shall participate in the Social Security System(FICA) as required by Iaw. C. The Social Security substitute program shall be a 401A plan approved by the city council. City and employee contribution rates and maximums shall match FICA contribution rates and maximums as published in the Internal Revenue Service's Employer's Tax Guide, IRS Ordinance 20-004 Amending SVMC 2.50.100—Social Security and Medicare Page 1 of 2 DRAFT Publication 15. The City and employee rates shall not be reduced in circumstances where the FICA rates are temporarily reduced. D.As required by law,the City shall participate in the Medicare program. Section 2. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause,or phrase of this Ordinance. Section 3. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of March,2020. ATTEST: Ben Wick,Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 20-004 Amending SYMC 2.50.100---Social Security and Medicare Page 2 of 2 Carrie Koudelka From: K &S Anderson <kands@cet.com> Sent: Tuesday, March 17, 2020 8:38 AM To: City Council Subject: Agenda 3-17-2020, Item 1, WSDOT Land Acquisition - Public Testimony Dear Mayor and Councilmembers (assuming public will be excluded from the meeting) I believe this item has already "left the station" and its appearance here is just a formality. 1) I could never support an Acquisition for a future Park to be located with a sand and gravel pit and asphalt plant on one side, a railroad main line and industrial park on another side, and a 250 foot tree buffer between it and the river for most of the other side. 2) Referring to a recent quote in the press, I do not believe any citizen is thinking 50 years down the road to justify this purchase. 3) I find it concerning that this item is being dealt with in a Study Session and Work Shop, I do not see it as an emergency. 4) The Agenda wording for this project implies it is something that has come up in discussions with DOT and yet the detailed architectural rendition of the park by Bernardo Wills is dated May 2019 and thus discussions have been going on for some time. a) Missing from this effort and City expense is any financial estimate of the cost to complete. I suggest it would be substantially more than the City Hall. b) Also missing is any recognition that having a tent camp ground and full hook up RV park would require 24/7 staffing, security, and a reservation system. 5) From the Work Shop Parks Capital Projects, to which I added the recent purchase of the Sullivan Park Acquisition, the Center Place Upgrade for this year and the new roof at Center Place also this year, I see a Grand Total of Capital Projects at $15.6 million, $2.6 million in grants, and $7.6 million in City General Funds. That leaves the current list short $5.3 million without considering the $2 million for the DOT land acquisition. Quite obvious we have lost focus on what we Can do versus what we Want to do. 6) The $2 million for this item, we must have it available, would make the required funds to complete the Balfour Park Development. The City wants beautification within the City and along Sprague Avenue yet the largest vacant lot and most easily accessible and useable property for the public is just across the street from City Hall with nothing happening. I believe you have your priorities out of line. Let's not worry about the Library, if it ever happens the grass can be removed for the new building. 7) With regards to the approved Park Master Plan, you can always find an expert opinion on Acres of park required for a given population. I seriously doubt our plan calls for a Park within an industrial zone only accessible by dodging the daily movement of large trucks and trains. Sincerely, Kevin E. Anderson 1