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2020, 07-07 Study Session Amended AMENDED AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,July 7, 2020 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning our recent State of Emergency,which waives and suspends the requirement to hold in-person meetings and provides options for the public to attend remotely, all meeting guidelines contained in the Governance Manual are hereby superseded until the Governor's order has been rescinded or amended.Therefore,effective immediately and until further notice,a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity," will be accepted via the following links, and must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Comment at the Meeting via Calling-In • Submit Written Public Comment Prior to the Meetint • Join the Zoom Meeting CALL TO ORDER ROLL CALL APPROVAL OF AMENDED AGENDA: ACTION ITEM: 1. Motion Consideration: Washington State Dept. of Commerce Interagency Agreement for Coronavirus Relief Funds- Chelsie Taylor,Erik Lamb [public comment opportunity] la.Motion Consideration: Pines Road/BNSF Grade Separation Project, DeRuwe Acquisition—Bill Helbig [public comment] lb.Motion Consideration: Pines Road/BNSF Grade Separation Project,DeWitt Living Trust Acquisition [public comment] NON-ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2.Morgan Koudelka Washington Dept. of Commerce Discussion/Information Shelter Program Grant 3. Cary Driskell Surplus of Balfour Road Horse Discussion/Information Arena Property 4. Chris Bainbridge, Cary Driskell Governance Manual Revisions Discussion/Information 5.Mayor Wick Advance Agenda Discussion/Information 6. Mayor Wick Council Check in Discussion/Information 7. Mark Calhoun City Manager Comments Discussion/Information ADJOURN Study Session Agenda July 7,2020 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 7, 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: Washington State Department of Commerce Interagency Agreement for Coronavirus Relief Funds under the CARES Act for COVID-19 Costs GOVERNING LEGISLATION: Section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (see 42 U.S.C. § 801) PREVIOUS COUNCIL ACTION TAKEN: None. At the June 23, 2020 meeting, Council heard from a variety of organizations within the City regarding the impacts they have seen from the COVID-19 pandemic. BACKGROUND: General Program Information: In response to the impacts of the COVID-19 Pandemic, the federal government passed stimulus funding through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Coronavirus Relief Fund (CRF) was established through the CARES Act, and it appropriated $150 billion for making payments to States, Tribal governments, and units of local governments for fiscal year 2020. The CRF funds are administered through the U.S. Department of Treasury at the federal level. The allocation of the CRF funds was developed by the Office of Financial Management (OFM), and allocations were based on 2019 population estimates for each jurisdiction. Funds were directly provided by the U.S. Treasury to Washington State and cities and counties within the State with populations over 500,000 per OFM's allocation. These cities and counties included the City of Seattle, King County, Pierce County, Snohomish County, and Spokane County. On April 27, 2020, Governor Inslee announced the award of nearly $300 million of the state's allocation of CARES Act funding would go to cities and counties throughout the state that had not received a direct federal allocation. Allocations to these jurisdictions would also be based on population, and minimum distributions to each county and city would be $250,000 and $25,000, respectively. The City of Spokane Valley was awarded $2,901,600 under the CRF program passed through the state. In order to access the funds, the City must enter into a contract with the Washington State Department of Commerce, and the grant will be on a reimbursement basis, which means that the City must first expend the funds and request reimbursement after. The funds may only be used for costs incurred by local governments in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. Eligible Costs: Guidance provided by the U.S. Department of Treasury and the Washington State Department of Commerce states that the CRF program may only be used to cover costs that are necessary expenditures incurred due to the public health emergency with respect to COVID-19 and were not accounted for in the City's budget most recently approved as of March 27, 2020. Guidance Page 1 of 4 also states specifically that the CRF program may not be used to fill shortfalls in government revenues. Examples of eligible expenditures were given in six primary categories, and the City must request reimbursement from Commerce under one of these primary categories. The six categories include: 1. Medical expenses, 2. Public health expenses, 3. Payroll expenses, 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, 5. Expenses associated with the provision of economic support, and 6. Other COVID-19-related expenses. Commerce also provided an Eligible Cost Test, which states that each of the following five statements must be true in order to be an eligible cost under the CARES Act: 1. The expense is connected to the COVID-19 emergency. 2. The expense is "necessary." 3. The expense is not filling a shortfall in government revenues. 4. The expense is not funded through another budget line item, allotment or allocation, as of March 27, 2020. 5. The expense would not exist without COVID-19 or would be for a "substantially different" purpose. Additionally, guidance states that the intent of the CRF program is to cover immediate impacts of COVID-19, and that this intent should be considered in determining eligibility. City Costs: Of the six primary categories listed above, the City currently has incurred COVID-19-related expenses under 2) public health expenses and 4) expenses of actions to facilitate compliance with COVID-19-related public health measures. Current costs include the following as of June 26, 2020: Page 2 of 4 Potential/ Category Expended Expected Total Public Health Expenses PPE for City Facilities $ 6,117 $ 18,000 $ 24,117 Additional Cleaning for Parks Restrooms $ - $ 18,000 $ 18,000 Additional Capital Contract Costs $ - $ 20,000 $ 20,000 Additional Precinct Costs over BOJ Grant $ - $ 100,000 $ 100,000 $ 6,117 $ 156,000 $ 162,117 Compliance Public Health Measures Grant to Spokane Valley Partners $ 25,000 $ 25,000 $ 50,000 Grant to Meals on Wheels $ 8,000 $ - $ 8,000 $ 33,000 $ 25,000 $ 58,000 Total $ 39,117 $ 181,000 $ 220,117 Total City CRF Allocation $ 2,901,600 Less City Operational Needs $ (220,117) Remaining Balance of CRF Funds $ 2,681,483 The City has currently spent $39,117 with additional potential/expected expenditures of $181,000 bringing the total expected City operational needs for CRF Funding to $220,117. This leaves a remaining balance of CRF funds of$2,681,500. There are a variety of ways that the remaining balance may be used to provide support to the community as it deals with the COVID-19 pandemic and its effects. The areas that have been discussed by City staff up to this point are: • Food security/insecurity, • Rental or mortgage assistance, • Certain types of utility assistance, • Assistance for schools in the City, and • Small business grants for economic development. Each of these areas addresses the impacts of the COVID-19 pandemic at either an individual level or the City economy level. Also, in each of the areas, the City would have the option of contracting with a third party to run a program for expending the CRF dollars or having City staff run the program. Either option has various pros and cons depending on the use of the funds. There are still some gray areas in the guidance surrounding how money may be expended, including changing guidance on providing small business grants. For example, initial guidance suggested that any grant had to be reimbursement based, meaning that the small business had to have already incurred the expense. Recent guidance has suggested that "cash" grants may be possible, provided that the small business meets all eligibility requirements. Staff is in contact with our contract manager at the Department of Commerce as well as conducting research into the CARES Act and guidance released by the Treasury. The City would want to structure any application process for small business grants carefully in order to verify that eligibility criteria for the expenses are in line with our grant contract. This is critical because any expense that is determined to not be an eligible expense, must either be repaid (if we've Page 3 of 4 received CARES funds) or will not be reimbursed from CARES funds, meaning it will come from the City's general fund. In order to move forward with spending the CRF funds prior to the October 31, 2020 deadline, staff is looking for Council input into which of the above areas should be allocated for funding and at what level, as well as input regarding the allocation of CRF funds. OPTIONS: Authorize the City Manager to finalize and execute the grant contract with the Department of Commerce for CRF funds; and determine which organizations will receive funding, and at what funding level. RECOMMENDED ACTION OR MOTIONS: (a) Move to authorize the City Manager to finalize and execute the grant contract with the Department of Commerce for CRF funds in substantially the form provided; and (b) Council consensus on which organizations to allocate remaining CRF funds. BUDGET/FINANCIAL IMPACTS: The City has been awarded $2,901,600 in CRF funds through the CARES Act that were passed down through Washington State. This grant is able to be used on a reimbursement basis to address the impacts of the COVID-19 pandemic in the City. The grant may not be used for expenditures already included in the City's 2020 Budget. STAFF CONTACT: Chelsie Taylor, Finance Director, and Erik Lamb, Deputy City Attorney ATTACHMENTS: • Draft grant contract with the Department of Commerce • CRF Program Guidelines • Coronavirus Relief Fund Frequently Asked Questions — June 24, 2020 Page 4 of 4 ►. Washington State Department of i► Commerce Interagency Agreement with City of Spokane Valley through the Coronavirus Relief Fund for Local Governments For Costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru October 31, 2020. Start date: March 1, 2020 TABLE OF CONTENTS Special Terms and Conditions 1. Authority 1 2. Acknowledgement of Federal Funding 1 3. Contract Management 1 4. Compensation 1 5. Expenses 1 6. Indirect Costs 1 7. Billing Procedures and Payment 1 8. Audit 2 9. Debarment 3 10. Laws 3 11. Order of Precedence 4 General Terms and Conditions 1. Definitions 5 2. All Writings Contained Herein 5 3. Amendments 5 4. Assignment 5 5. Confidentiality and Safeguarding of Information 5 6. Copyright 6 7. Disputes 6 8. Governing Law and Venue 6 9. Indemnification 7 10. Licensing, Accreditation and Registration 7 11. Recapture 7 12. Records Maintenance 7 13. Savings 7 14. Severability 7 15. Subcontracting 7 16. Survival 8 17. Termination for Cause 8 18. Termination for Convenience 8 19. Termination Procedures 8 20. Waiver 9 Attachment A, Scope of Work 10 Attachment B, Budget& Invoicing 12 Attachment C, A-19 Certification 13 Attachment D, A-19 Activity Report 15 ii FACE SHEET Contract Number:20-6541C-329 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1.Contractor 2.Contractor Doing Business As(optional) City of Spokane Valley 10210 E. Sprague Ave Spokane Valley,Washington 99206-3682 3.Contractor Representative 4.COMMERCE Representative Chelsie Taylor Kari Sample P.O.Box 42525 Finance Director Project Manager 1011 Plum Street SE (509)720-5040 (360)764-3090 Olympia,WA 98504-2525 ctaylor@spokanevalley.org Fax 360-586-5880 Kari.sample@commerce.wa.gov 5.Contract Amount 6.Funding Source 7.Start Date 8.End Date $2,901,600.00 Federal:X State: Other: N/A: March 1,2020 October 31,2020 9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if applicable): $2,901,600.00 US Dept.of the Treasury 21.019 10.00% 10.Tax ID# 11.SWV# 12.UBI# 13.DUNS# S W V0018021-00 602251431 N/A 14.Contract Purpose To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19) during the period of March 1,2020 thru October 31,2020.Final invoices must be received by November 15,2020. 15.Signing Statement COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference:Attachment"A"—Scope of Work,Attachment"B"—Budget&Invoicing,Attachment "C"—A-19 Certification, Attachment"D"—A-19 Activity Report FOR CONTRACTOR FOR COMMERCE Mike Calhoun,City Manager Mark K.Barkley,Assistant Director,Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 05-01-2020. APPROVAL ON FILE. iii SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Funds under the Contract are made available and are subject to Section 601(a)of the Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act(CARES Act), and Title V and VI of the CARES Act. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by a grant awarded by US Department of the Treasury. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of the Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund thru the Washington State Department of Commerce." 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work (Attachment A). 5. EXPENSES Contractor shall receive reimbursement for allowable expenses as identified in the Scope of Work (Attachment A) or as authorized in advance by COMMERCE as reimbursable. Travel expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 7. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE's Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If the Contractor has constraints preventing access to COMMERCE's online A-19 portal, a hard copy A-19 form may be provided by the COMMERCE Project Manager upon request. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final voucher shall be submitted to COMMERCE no later than November 15, 2020. COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as set forth under the Scope of Work(Attachment A)and Budget& Invoicing (Attachment B). The invoice shall include the Contract Number as stated on the Face Sheet. Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report (Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify and attest all expenditures submitted on the voucher are in compliance with the United States Treasury Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local, and Tribal Governments: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local- and-Tribal-Governments.pdf The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a detailed breakdown of the expenditures within each applicable budget sub-category identified in the voucher, as well as a report of expenditures to date. COMMERCE will not release payment for any reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received. After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly remit a warrant to the Contractor. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines, or otherwise inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on disallowed costs. 8. AUDIT Contractor shall maintain internal controls providing reasonable assurance it is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; and prepare appropriate financial statements, including a schedule of expenditures of federal awards. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: State of Washington Interagency Agreement Version 072019 Department of Commerce Page 2 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreview©commerce.wa.gov. 9. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. H. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; di. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: State of Washington Interagency Agreement Version 072019 Department of Commerce Page 3 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS United States Laws, Regulations and Circulars (Federal) Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Award, 2 CFR 200, Subpart F—Audit Requirements. Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation. Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A—Scope of Work • Attachment B— Budget& Invoicing • Attachment C—A-19 Certification • Attachment D—A-19 Activity Report State of Washington Interagency Agreement Version 072019 Department of Commerce Page 4 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE"shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health,finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State"shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Hi. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 5 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information,and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights,and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 6 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity. The Contractor shall retain such records for a period of six(6)years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six(6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they State of Washington Interagency Agreement Version 072019 Department of Commerce Page 7 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. Contractor shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1)was not in default; or(2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree State of Washington Interagency Agreement Version 072019 Department of Commerce Page 8 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed,would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 9 Attachment A Scope of Work This funding is made available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") and Section V and VI of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); AND 2. Are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government. These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US Treasury's December 30, 2020 end date, the State of Washington must closeout contracts by October 31, 2020. All final requests for reimbursement must be received no later than November 15, 2020. Expenditures must be used for necessary actions taken to respond to the public health emergency. These may include expenditures incurred to allow the local government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second- order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. Payments may be used only to cover costs not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either: 1. The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR 2. The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The "most recently approved" budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Allowable expenditures include, but are not limited to: 1. Medical expenses such as: a. COVID-19-related expenses of public hospitals, clinics, and similar facilities. b. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. c. Costs of providing COVID-19 testing, including serological testing. d. Emergency medical response expenses, including emergency medical transportation, related to COVI D-19. e. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. 2. Public health expenses such as: State of Washington Interagency Agreement Version 072019 Department of Commerce Page 10 Attachment A a. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. b. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID- 19-related threats to public health and safety. e. Expenses for public safety measures undertaken in response to COVID-19. f. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. b. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. c. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. e. COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. f. Expenses for care for homeless populations provided to mitigate COVI D-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: a. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. b. Expenditures related to a State, territorial, local, or Tribal government payroll support program. c. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 11 Attachment B Budget & Invoicing The Contractor shall determine the appropriate budget and use of funds within the following 6 budget categories and their sub-categories: 1. Medical 2. Public Health 3. Payroll 4. Actions to Comply with Public Health Measures 5. Economic Support 6. Other Covid-19 Expenses The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management System's (CMS) Online A-19 Portal. Each reimbursement request must include: 1. A-19 Certification form—An authorized party of the local government will certify each invoice (A19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department's guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund- Gu idance-for-State-Territorial-Local-and-Tribal-Govern ments.pdf 2. A-19 Activity Report 3. A detailed breakdown of the expenditures incurred within each applicable budget sub-category on the A-19 Activity Report. The A-19 Certification and Activity Report templates will be provided with the executed contract. The documents are included in Attachment C and Attachment D for reference. Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors are required to maintain accounting records in accordance with state and federal laws. Records must be sufficient to demonstrate the funds have been used in accordance with section 601(d)of the Social Security Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall comply with Commerce A-19 audits and provide the appropriate records upon request. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 12 Attachment C tI►ilk Washington State Department of iii►f Commerce LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION I, E>,am the<TITLE>of<LOCAL GOVERNMENT>,and I certify that: 1. I have the authority and approval from the governing body on behalf of the Local Government to request reimbursement from the Department of Commerce (Commerce)per contract number<COMMERCE CONTRACT NUMBER>from the allocation of the Coronavirus Relief Fund as created in section 5001 of H.R.748,the Coronavirus Aid,Relief,and Economic Security Act("CARES Act")for eligible expenditures included on the corresponding A-19 invoice voucher for report period <REPORT PERIOD FROM A-19>. 2. I understand that as additional federal guidance becomes available,a contract amendment to the agreement between Commerce and the Local Government may become necessary. 3. I understand Commerce will rely on this certification as a material representation in processing this reimbursement. 4. I certify the use of funds submitted for reimbursement from the Coronavirus Relief Funds under this contract were used only to cover those costs that: a. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19); b. Werenot accounted for in the budget most recently approved as of March 27,2020; and c. Were incurred during the period that begins on March 1,2020,and ends on October 31,2020. 5. I understand the use of funds pursuant to this certification must adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. We have reviewed the guidance established by U.S.Department of the Treasury'and certify costs meet the required guidance.Any funds expended by the Local Government or its subcontractor(s)in any manner that does not adhere to official federal guidance shall be returned to the State of Washington. Footnote: 1—Guidance available ativttps://home.treasury_gozisystemIfiles1136/Coronavirus-Relief-Fund-Guidance-far-State- Territorial-Local-and-Tribal-Govenaments_pdf(4130.12020) State of Washington Interagency Agreement Version 072019 Department of Commerce Page 13 Attachment C LOCAL GOVERNMENT CORONAVJRUS RELIEF FUNDS CEREL ICATION Page 2 of 2 6. I understand the Local Government receiving funds pursuant to this certification shall retain documentation of all uses of the funds,including but not limited to invoices and/or sales receipts in a manner consistent with§200.333 Retention requirements for records of 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards(Uniform Guidance).Such documentation shall be produced to Commerce upon request and may be subject to audit by the State Auditor. 7. I understand any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected tax or other revenue collections. S. I understand funds received pursuant to this certification cannot be used for expenditures for which the Local Government has received any other emergency COVID- 19 supplemental funding(whether state,federal or private in nature)for that same expense. 1 certify that I have read the above certification and my statements contained herein are true and correct to the best of my knowledge. Printed Name Title Signature Date: State of Washington Interagency Agreement Version 072019 Department of Commerce Page 14 Attachment D CRF A-19 Activity Report INSTRUCTIONS INSTRUCTIONS: A completed CRF A-19 Certification and Activity Report must be submitted with each A-19 reimbursement request The A-19 Activity Report must be submitted as an Excel spreadsheet, not a PDF.You must also include a detailed breakdown of the individual expenditures reported in Column F for each applicable sub-category included on the A-19 Activity Report. There are 6 primary budget categories; 1.Medical Expenses 2.Public Health Expenses 3.Payroll expenses for public employees dedicated to COVID-19 4.Expenses to facilitate compliance with COVID-19-measures 5.Economic Supports 6. Other COVID-19 Expenses Each primary budget category includes sub-categories and provides an option to add"other'sub-categories not listed_ Follow the below instructions when completing the A-19 Activity Report: 1 REPORT PERIOD -Enter the report period into Celled of the A-19 Activity Report. a This should match the report period entered on the corresponding A-19. b Report period should include MMIYY to MMIYYYY,i.e.03/20,March 2020,03/2020,etc. 2 COLUMN E- Enter the total amount of all previous reimbursement requests submitted to Commerce for each applicable sub-category. 3 COLUMN F- Enter the total amount being requested in the current reimbursement request for each applicable sub-category. 4 COLUMN I-I:USE OF FUNDS -You must include a general description of the use of the funds being requested for each applicable sub-category. Keep descriptions as concise as possible,but include adequate context to demonstrate how these funds helped address the COVID-19 emergency.If applicable,please consider: a Providing a brief description of the specific activities performed. b Identifying specific populations served_ c Identifying specific programs created or utilized. d Including any known or intended outcomes,results,or community impacts. 5 OTHER SUB-CATEGORIES -Budget categories 1-5 include a placeholder to add an additional sub-category if necessary. a Enter a Title for other expenses added within the appropriate budget category. b Enter titles into Cells: D1C,D19,D27, D36,and D41. c There is only one"other"placeholder in each budget category section. Please combine multiple"other'sub- categories added to the same budget category. 6 OTHER BUDGET CATEGORIES-Budget category 6 is where you should include any eligible expenditures that don't fall under budget categories 1-5. a Enter a Title for these"other'expenses within budget category 6. b Enter titles into Cells 044-048. c There are only 5 entry fields available within Budget Category 6. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 15 Attachment D Coronavirus Relief Fund A-19 Activity Report Report Period: Previously Current Total Eligible Expenditures Reported Expenditures Cumulative Brief Description of Use of Funds Expenditures this Invoice Expenditures 1 Medical Expenses A. Pub c hospitals,clin'cs,and similar facilities $ - $ - $ - B- Temporary public med:cal facilities&increased capacity $ - $ - $ - C- COVID-19 testing,inciu dingserological testing $ - $ - $ - D- Emergency medical response expenses $ - $ - $ - E Telemedicine capabilities $ - $ - $ - F. Other: $ - $ - $ - Sub-Total: 5 - $ - $ - 2 Public Health Expenses A. Communication and enforcement of public health measures $ - $ - $ - B. Medical and protective supplies,including sanitation and PPE $ - $ - $ - C. Disinfecting public areas and other facilities $ - $ - $ - D. Technical assistance on COVID-19 threat mitigation $ - $ - $ - E Public safety measures undertaken $ - $ - $ - F- Quarantining individuals $ - $ - $ G. Other: $ - $ - $ - Sub-Total: $ - $ - $ - 3 Payroll expenses for public employees dedicated to COVID-19 A Public Safety $ - $ - $ - B- Public Health $ - $ - $ - C- Health Care $ - $ - $ - D- Human Services $ - $ - $ - E Economic Development $ - $ - $ - F- Other: $ - $ - $ - Sub-Total: $ - $ - $ - 4 Expenses to facilitate compliance with COVID-19-measures A. Food access and delivery to residents $ - $ - $ - B. Distance learning tied toschool closings $ - $ - $ - C. Telework capabilities of public employees $ - $ - $ - D. Paid sick and paid family and medical leave to public employer$ - $ - $ - E COVID-]9-related expenses in county fails $ - $ - $ - E Care and mitigation services for homeless populations $ - $ - $ - G-_Other: $ - $ - $ - Sub-Total: $ - $ - $ - 5 Economic Supports A. Small Business Grants for business interruptions $ - $ - $ - B- Payroll Support Programs $ - $ - $ C. _Other: $ - $ - $ - Sub-Total: $ - $ - $ - b Other COVID-19 Expenses A. Other: $ - $ - $ - B- Other: $ - $ - $ - C- Other: $ - $ - $ - D_ Other: $ - $ - $ - E- Other: $ - $ - $ - Sub-Total: $ - $ - $ - TOTAL: $ - $ - State of Washington Interagency Agreement Version 072019 Department of Commerce Page 16 Aik Washington State '40 Department of Commerce Coronavi rus Relief for Local Program Guidelines CARES Act Funds for Local Governments In Washington State Administered by the Department of Commerce Local Government Division P.O. Box 42525 Olympia, WA 98504-2525 (Dated 5-18-2020) Contact Information Mailing / Street Address: Washington State Department of Commerce Local Government Division PO Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 Program Leadership: Tony Hanson Tina Hochwender Deputy Assistant Director Managing Director Community Capital Facilities Unit Community Assistance and Research Unit 360-725-3005 360-725-3087 Tony.Hanson@commerce.wa.gov Tina.Hochwender@commerce.wa.gov Commerce Leadership: Lisa Brown, Ph.D. Mark Barkley Director Assistant Director Local Government Division This publication is available in an alternative format upon request. Events sponsored by Commerce are accessible to persons with disabilities. Accommodations may be arranged with a minimum of 10 working days'notice by calling 360-725-3087 Coronavirus Relief Funds (CRF) for Local Governments Program Guidelines TABLE OF CONTENTS General Information 1 1 . Source of Funds 1 2. Allocation Formula 1 3. Period of Performance 1 4. Intended Use 1 5. Eligible Costs 2 6. Ineligible Costs 4 7. Eligible Cost Test 4 8. Cost Reimbursements 5 Process & Procedure to Obtain Funds 7 1 . Award Letter 7 2. Working Papers 7 3. Contract 7 4. Reimbursement Requests 8 5. A-19 Certification and Activity Report 8 General Information 1. Source of Funds You have been awarded funds through the state's Coronavirus Relief Funds (CRF). The funds are available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). Your grant is funded entirely through the federal stimulus funding under the CARES Act provided by the U.S. Department of Treasury (US Treasury) to the Governor via the Office of Financial Management (OFM). On April 27, 2020 Governor Inslee announced the award of nearly $300 million to local governments in CRF from the state's allocation of the CARES Act funding. 2. Allocation Formula OFM developed the allocation methodology and determined the jurisdiction amounts. The allocations were based on 2019 population estimates for each jurisdiction. Funds will be provided to cities and counties with populations under 500,000 that were ineligible to receive direct funding under the CARES Act. Each county will receive a minimum distribution of $250,000 and each city will receive a minimum distribution of$25,000. Cities and counties with populations over 500,000 did not receive a direct allocation from the state. Instead these jurisdictions received a direct allocation from the US Treasury (i.e. city of Seattle, King Co., Pierce Co., Snohomish Co., etc.). For a complete list of cities and counties and their allocations, click here. 3. Period of Performance The Coronavirus Relief Funds may only be used for costs incurred by local governments in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. The US Treasury's Guidance provides an end date of December 30, 2020. This is the end date in which the state must have reimbursed all "recipients of the funds" (grantees) their costs incurred in response to the COVID-19 emergency. In order to allow time for Commerce to process final payments and conduct contract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures are only being accepted on costs incurred through October 31, 2020. All final requests for reimbursement must be submitted no later than November 15, 2020. 4. Intended Use Under the CARES Act, the Coronavirus Relief Funds (CRF) may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); AND 2. Are NOT accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or local government. The "most recently 1 approved" budget refers to the enacted budget for the relevant fiscal period for the particular government. A cost meets this requirement if: a) The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR b) The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. 3. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The use of these funds are very broad and flexible, and can be used for both operating and capital expenditures. If funds are being used for capital expenditures such as acquisition of real property or construction / renovation costs, please contact us immediately. We will provide you with further information and guidance. Utilizing CRF for these purposes will require additional Federal and state provisions being applied to the project such as: • All projects must be reviewed under a Federal Section 106 review for archaeological and cultural resources if the project: acquires property, disturbs ground, and/or involves structures more than 50 years old. Grantees must submit documentation to the project manager when the review is complete. Section 106 supersedes the Governor's Executive Order 05-05 review. • Construction / renovation projects may be required to meet high-performance building standards and document they have entered the state's LEED certification process. • Construction / renovation projects will be required to follow Federal Davis Bacon and state prevailing wage laws, rules, and regulations. Additionally, grantees must ensure all capital expenditures are only for costs incurred through the limited timeframe of March 1, 2020 thru October 31, 2020. 5. Eligible costs There are six (6) primary eligible cost categories. These cost categories and their eligible cost sub- categories are as follows: 1. Medical expenses such as: • COVID-19-related expenses of public hospitals, clinics, and similar facilities. • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. • Costs of providing COVID-19 testing, including serological testing. • Emergency medical response expenses, including emergency medical transportation, related to COVID-19. 2 • Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. 2. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. • Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. • Expenses for public safety measures undertaken in response to COVID-19. • Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. • COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. • Expenditures related to a state, territorial, local, or Tribal government payroll support program. • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 3 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. 6. Ineligible costs Non-allowable expenditures include, but are not limited to: 1. Expenses for the state share of Medicaid. 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 7. Eligible cost test Grantees are charged with determining whether or not an expense is eligible based on the US Treasury's Guidance and as provided in the grantee's contract scope of work with Commerce. To assist grantees with this determination, Commerce has developed an eligibility cost test. This test gives each grantee full authority to make the appropriate call for each circumstance. TEST— If all responses for the particular incurred cost are "true" for all five statements below, then a jurisdiction can feel confident the cost is eligible: 1. The expense is connected to the COVID-19 emergency. 2. The expense is "necessary". 3. The expense is not filling a short fall in government revenues. 4. The expense is not funded thru another budget line item, allotment or allocation, as of March 27, 2020. 5. The expense wouldn't exist without COVID-19 OR would be for a "substantially different" purpose. It is the responsibility of each grantee to define "necessary" or "substantially different", giving the grantee the authority and flexibility to make their own determination. Additional consideration —The intent of these funds is to help jurisdictions cover the immediate impacts of the COVID-19 emergency. Both direct costs to the jurisdiction and costs to their communities. There are many possible eligible costs. Many costs are clearly eligible and others are in more of a grey area. One could probably justify some of the "grey area" costs based on the test, but are they directly addressing the immediate impacts? Possibly not. In these situations it may be safer and more appropriate to utilize the funds in one of the many other eligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the full authority to make the final call based on their circumstances and justification. 4 8. Cost reimbursement Funds are available on a reimbursement basis only, and cannot be advanced under any circumstances. If funds are being used for the acquisition of real property or construction / renovation costs, please contact us immediately. Reimbursable costs are those that a Grantee has already incurred. We may only reimburse grantees for eligible costs incurred in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. Final Date of Reimbursements In order to ensure all awardees and their costs incurred in response to the COVID-19 emergency are paid out by December 30, 2020 per the US Treasury's Guidance, expenditures are only being accepted on costs incurred through October 31, 2020. All final requests for reimbursement must be submitted no later than November 15, 2020. Grantees will not be required to submit a proposed budget prior to contract execution. Grantees will have the discretion and flexibility to determine where these funds may best serve their communities. Each grantee will determine eligible costs to submit for reimbursement. For reporting purposes, expenditures must be tracked at the sub-category level for the six (6) primary eligible cost categories, as follows: 1. Medical Expenses A. Public hospitals, clinics, and similar facilities B. Temporary public medical facilities & increased capacity C. COVID-19 testing, including serological testing D. Emergency medical response expenses E. Telemedicine capabilities F. Other 2. Public Health Expenses A. Communication and enforcement of public health measures B. Medical and protective supplies, including sanitation and PPE C. Disinfecting public areas and other facilities D. Technical assistance on COVID-19 threat mitigation E. Public safety measures undertaken F. Quarantining individuals G. Other 3. Payroll expenses for public employees dedicated to COVID-19 A. Public Safety B. Public Health C. Health Care D. Human Services E. Economic Development F. Other 4. Expenses to facilitate compliance with COVID-19 measures A. Food access and delivery to residents B. Distance learning tied to school closings C. Telework capabilities of public employees 5 D. Paid sick and paid family and medical leave to public employees E. COVID-19-related expenses in county jails F. Care and mitigation services for homeless populations G. Other 5. Economic Supports A. Small Business Grants for business interruptions B. Payroll Support Programs C. Other 6. Other COVID-19 Expenses No receipts or proof of payment for costs incurred will be required to be submitted to Commerce. Grantees are still required to maintain sufficient accounting records in accordance with state and federal laws. Monitoring visits may be scheduled. 6 Process and Procedure to Obtain Funds 1. Award Letter Commerce strives to administer funds expediently and with a minimum of red tape. We do so within the policies and procedures established by the US Treasury and state's Legislature, OFM, Commerce, and the Office of the Attorney General. Prior to receiving funds, a contract will need to be executed with Commerce. Award letters with instructions to initiate the contracting process will be emailed to each city and county receiving an allocation by no later than May 22nd. Emails to cities will be sent to mayors and any other contacts obtained with the assistance of the Association of Washington Cities. Emails to counties will be sent to the county commissioners and any other contacts obtained with the assistance of the Washington State Association of Counties. Included with the award letter will be: • CRF Program Guidelines • A draft contract template for review and to initiate the public process for authorization to execute once the final contract is available for execution • Working Papers 2. Working papers Your grant award packet includes Working Papers. The Working Papers ask for basic information needed to create a contract: • Contact information for the person who will administer the grant once the contract is signed. Grant documents and correspondence will be sent to this person. • Your Statewide Vendor Number (SWV#) • Your Federal Indirect Rate • Your fiscal year end date • Name and title for the person authorized by the jurisdiction to sign the contract Please complete and return the Working Papers to the Commerce project manager identified in the award letter as soon as possible, even if you do not plan to begin drawing your funds for a while. Your project manager will manage your contract until project completion. Feel free to give us a call if you have any questions as you fill out the form (see contact information on previous page). 3. Contract Once the completed Working Papers have been received by the Commerce project manager identified in the award letter, a contract will be prepared and sent to you for signature. Have the authorized representative sign the contract and then return a scanned pdf copy to your project manager. Then the project manager will route the contract for Commerce's signature. It generally takes two to four weeks to fully execute a contract. Once executed by Commerce a fully executed copy will be scanned and a pdf copy emailed to the jurisdiction and you will have access to your funds. Commerce is working to make the contracting process as quick and easy as possible. 7 4. Reimbursements This is a reimbursement-style grant, meaning no advance payments. Funds are available once a contract is executed. All grantees are required to set up a SWV number so funds may be sent electronically. Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month as long as you have incurred documented eligible costs in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. All final requests for reimbursement must be submitted no later than November 15, 2020. Commerce has moved to electronic vouchering through their Contracts Management System (CMS) Online A-19 Portal. Requests for reimbursement must be submitted online through the CMS System by an individual authorized by the Grantee's organization. Online electronic vouchering provides for grantees to receive reimbursements as quickly as possible. Grantees with barriers to using the online A- 19 portal, may request an A-19 form from their Commerce project manager. Access to CMS is available through the Secure Access Washington (SAW) portal. You will need to create a SAW account if you do not already have one. Please find detailed instructions here: Office of Financial Management. It may take up to three weeks after you submit this information for an electronic transfer account to be set up. We will automatically receive your SWV number from the office that sets them up. Once logged into SAW, add the Department of Commerce to your `services' and submit an Online A-19 External User Request form. Then Commerce will add you as a new external user in CMS; and the CMS system will generate and email a registration code to you to complete the CMS registration. For additional grantee support, refer to the Commerce Online A-19 Webpaqe for External Users, which includes SAW resources and the CMS manual for external users. The A-19 voucher must include a detailed breakdown of the costs incurred within each eligible budget category and the total reportable eligible expenses in response to the COVID-19 public health emergency. Accompanying with each voucher must be an executed A-19 certification and A-19 activity report. Incomplete or improperly prepared submissions may result in payment delays. After receipt and acceptance of a fully completed A-19 voucher submittal, grantees can expect electronic reimbursements within 7-10 days. No receipts or proof of payment for costs incurred will be required to be submitted to Commerce. Grantees are still required to maintain sufficient accounting records in accordance with state and federal laws; and are responsible for maintaining clear and accurate program records, and making them accessible to Commerce and the State Auditor. Monitoring visits may be scheduled. 5. A-19 Certification and Activity Report In order to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include: 1. A completed A-19 Certification: • An individual authorized to execute on behalf of the local government must certify by signing this document under penalty of perjury that the items and costs listed herein and on the accompanying Commerce A-19 Voucher are eligible charges for necessary expenditures incurred due to the COVID-19 public health emergency that were not previously accounted for in the most recent approved budget as of March 27, 2020, 8 and that the funds were used in accordance with section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). 2. A completed A-19 Activity Report (instructions included in document): • Must be submitted as an Excel spreadsheet, not a PDF. • Include a detailed breakdown of the individual eligible expenditures reported by each sub-category of the six (6) primary budget categories. Each primary budget category includes sub-categories and provides an option to add "other" sub-categories. • Include the total amount of all previous reimbursement requests for each applicable sub-category. • Include the total amount of funds being requested in the current reimbursement request for each applicable sub-category. • Include a brief description of the use of the funds being requested for each applicable sub-category. Keep descriptions as concise as possible, but include adequate context to demonstrate how these funds addressed the COVID-19 emergency. If applicable, please consider: o Providing a brief description of the specific activities performed. o Identifying specific populations served. o Identifying specific programs created or utilized. o Including any known or intended outcomes, results, or community impacts. A certification and activity report must be completed and returned with each reimbursement voucher. After the contract is executed, you will receive additional instructions on how to submit electronic reimbursement requests with the A-19 certification and A-19 activity report. 9 Coronavirus Relief Fund Frequently Asked Questions Updated as of June 24,2020 The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, ("Guidance").' Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set forth in section 601(d)of the Social Security Act,as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act("CARES Act"). Eligible Expenditures Are governments required to submit proposed expenditures to Treasury for approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. The Guidance says that funding can be used to meet payroll expenses for public safety,public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the "substantially dedicated" condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program,a State,territorial,local,or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency,unless the chief executive (or equivalent)of the relevant government determines that specific circumstances indicate otherwise. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. What would qualify as a "substantially different use"for purposes of the Fund eligibility? Costs incurred for a"substantially different use"include,but are not necessarily limited to,costs of personnel and services that were budgeted for in the most recently approved budget but which,due entirely to the COVID-19 public health emergency,have been diverted to substantially different functions. This would include,for example,the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures;the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. Note that a public function does not become a"substantially different use"merely because it is provided from a different location or through a different manner. For example, although developing online instruction capabilities may be a substantially different use of funds,online instruction itself is not a substantially different use of public funds than classroom instruction. 'The Guidance is available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for- State-Territorial-Local-and-Tribal-Governments.pdf. 1 May a State receiving a payment transfer funds to a local government? Yes,provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d)of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d)of the Social Security Act. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Yes. For example, a county may transfer funds to a city,town,or school district within the county and a county or city may transfer funds to its State,provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d)of the Social Security Act outlined in the Guidance. For example,a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county's borders. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d)of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. However, as noted below,recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition,expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds,are not eligible uses of Fund payments. Are States permitted to use Fund payments to support state unemployment insurance funds generally? To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State's obligation to the unemployment insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. 2 Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? Yes,Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer(for example,as a reimbursing employer)related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. The Guidance states that the Fund may support a "broad range of uses"including payroll expenses for several classes of employees whose services are "substantially dedicated to mitigating or responding to the COVID-19 public health emergency." What are some examples of types of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety,public health,health care, human services,and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27,2020. In some cases,first responders and critical health care workers that contract COVID-19 are eligible for workers'compensation coverage. Is the cost of this expanded workers compensation coverage eligible? Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1,2020,and ending December 30,2020,is an eligible expense. If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d)of the Social Security Act outlined in the Guidance, such expenses would be eligible. May recipients provide stipends to employees for eligible expenses(for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. As such,unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity,the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. 3 May Fund payments be used for COVID-19 public health emergency recovery planning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordination office would be eligible,if the expenses otherwise meet the criteria set forth in section 601(d)of the Social Security Act outlined in the Guidance. Are expenses associated with contact tracing eligible? Yes,expenses associated with contract tracing are eligible. To what extent may a government use Fund payments to support the operations of private hospitals? Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency,but the form such assistance would take may differ. In particular,financial assistance to private hospitals could take the form of a grant or a short-term loan. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Yes. To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d)of the Social Security Act outlined in the Guidance,these expenses are eligible. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Yes,to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes,assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d)of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds,but exceptions may be made in the case of assistance designed to prevent foreclosures. May recipients create a "payroll support program"for public employees? Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May recipients use Fund payments to cover employment and training programs for employees that have been furloughed due to the public health emergency? Yes,this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. 4 May recipients use Fund payments to provide emergency financial assistance to individuals and families directly impacted by a loss of income due to the COVID-19 public health emergency? Yes,if a government determines such assistance to be a necessary expenditure. Such assistance could include,for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible,within the realm of what is administratively feasible,that such assistance is necessary. The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a "small business,"and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d)of the Social Security Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency,such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include,for example,a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Fund payments may not be used for government revenue replacement,including the provision of assistance to meet tax obligations. May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a direct subsidy payment to all utility account holders? Fund payments may not be used for government revenue replacement,including the replacement of unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d)of the Social Security Act outlined in the Guidance. For example,if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. 5 Could Fund payments be used for capital improvement projects that broadly provide potential economic development in a community? In general,no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency,then Fund payments may not be used for such projects. However,Fund payments may be used for the expenses of,for example,establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures,including related construction costs. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific definition of"hazard pay"? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship,in each case that is related to COVID-19. The Guidance provides that ineligible expenditures include "[pJayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency." Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans)to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May counties pre pay with CARES Act funds for expenses such as a one or two-year facility lease, such as to house staff hired in response to COVID-19? A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. Must a stay-at-home order or other public health mandate be in effect in order for a government to provide assistance to small businesses using payments from the Fund? No. The Guidance provides, as an example of an eligible use of payments from the Fund,expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Such assistance may be provided using amounts received from the Fund in the absence of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency. 6 Should States receiving a payment transfer funds to local governments that did not receive payments directly from Treasury? Yes,provided that the transferred funds are used by the local government for eligible expenditures under the statute. To facilitate prompt distribution of Title V funds,the CARES Act authorized Treasury to make direct payments to local governments with populations in excess of 500,000,in amounts equal to 45%of the local government's per capita share of the statewide allocation. This statutory structure was based on a recognition that it is more administratively feasible to rely on States,rather than the federal government,to manage the transfer of funds to smaller local governments. Consistent with the needs of all local governments for funding to address the public health emergency, States should transfer funds to local governments with populations of 500,000 or less,using as a benchmark the per capita allocation formula that governs payments to larger local governments. This approach will ensure equitable treatment among local governments of all sizes. For example, a State received the minimum $1.25 billion allocation and had one county with a population over 500,000 that received$250 million directly. The State should distribute 45 percent of the $1 billion it received,or$450 million,to local governments within the State with a population of 500,000 or less. May a State impose restrictions on transfers of funds to local governments? Yes,to the extent that the restrictions facilitate the State's compliance with the requirements set forth in section 601(d)of the Social Security Act outlined in the Guidance and other applicable requirements such as the Single Audit Act,discussed below. Other restrictions are not permissible. If a recipient must issue tax anticipation notes(TANs) to make up for tax due date deferrals or revenue shortfalls,are the expenses associated with the issuance eligible uses of Fund payments? If a government determines that the issuance of TANs is necessary due to the COVID-19 public health emergency,the government may expend payments from the Fund on the interest expense payable on TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary payments to advisors and underwriters, associated with the issuance of the TANs. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? Such expenditures would only be permissible if they are necessary for the public health emergency. The cost of projects that would not be expected to increase capacity to a significant extent until the need for distance learning and telework have passed due to this public health emergency would not be necessary due to the public health emergency and thus would not be eligible uses of Fund payments. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? Yes,costs to address increase in solid waste as a result of the public health emergency, such as relates to the disposal of used personal protective equipment,would be an eligible expenditure. May payments from the Fund be used to cover across-the-board hazard pay for employees working during a state of emergency? No. The Guidance says that funding may be used to meet payroll expenses for public safety,public health,health care,human services,and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Hazard pay is a form of payroll expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such individuals. 7 May Fund payments be used for expenditures related to the administration of Fund payments by a State, territorial,local, or Tribal government? Yes,if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. For example, a State may expend Fund payments on necessary administrative expenses incurred with respect to a new grant program established to disburse amounts received from the Fund. May recipients use Fund payments to provide loans? Yes,if the loans otherwise qualify as eligible expenditures under section 601(d)of the Social Security Act as implemented by the Guidance. Any amounts repaid by the borrower before December 30,2020,must be either returned to Treasury upon receipt by the unit of government providing the loan or used for another expense that qualifies as an eligible expenditure under section 601(d)of the Social Security Act. Any amounts not repaid by the borrower until after December 30,2020,must be returned to Treasury upon receipt by the unit of government lending the funds. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. For example, a State may spend Fund payments to create a reserve of personal protective equipment or develop increased intensive care unit capacity to support regions in its jurisdiction not yet affected,but likely to be impacted by the current COVID-19 pandemic. May funds be used to satisfy non-federal matching requirements under the Stafford Act? Yes,payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund's eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for such purposes, FEMA funding is still dependent on FEMA's determination of eligibility under the Stafford Act. Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. However, such a program should be structured in such a manner as will ensure that such assistance is determined to be necessary in response to the COVID-19 public health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law. For example,a per capita payment to residents of a particular jurisdiction without an assessment of individual need would not be an appropriate use of payments from the Fund. May Fund payments be provided to non profits for distribution to individuals in need of financial assistance,such as rent relief? Yes,non-profits may be used to distribute assistance. Regardless of how the assistance is structured,the financial assistance provided would have to be related to COVID-19. May recipients use Fund payments to remarket the recipient's convention facilities and tourism industry? Yes,if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to 8 the public health emergency. Expenses related to developing a long-term plan to reposition a recipient's convention and tourism industry and infrastructure would not be incurred due to the public health emergency and therefore may not be covered using payments from the Fund. May a State provide assistance to farmers and meat processors to expand capacity,such to cover overtime for USDA meat inspectors? If a State determines that expanding meat processing capacity,including by paying overtime to USDA meat inspectors,is a necessary expense incurred due to the public health emergency, such as if increased capacity is necessary to allow farmers and processors to donate meat to food banks,then such expenses are eligible expenses,provided that the expenses satisfy the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance. The guidance provides that funding may be used to meet payroll expenses for public safety,public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to cover such an employee's entire payroll cost or just the portion of time spent on mitigating or responding to the COVID-19 public health emergency? As a matter of administrative convenience,the entire payroll cost of an employee whose time is substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible, provided that such payroll costs are incurred by December 30,2020. An employer may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. Questions Related to Administration of Fund Payments Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2)of the Social Security Act, as added by section 5001(a)of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d)of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30,2020, as required by the statute,those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d)of the Social Security Act. May recipients deposit Fund payments into interest bearing accounts? Yes,provided that if recipients separately invest amounts received from the Fund,they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d)of the Social Security Act and the Guidance on eligible expenses. If a government deposits Fund payments in a government's general account,it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. May governments retain assets purchased with payments from the Fund? 9 Yes,if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d)of the Social Security Act. What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? If such assets are disposed of prior to December 30,2020,the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d)of the Social Security Act. Are Fund payments to State, territorial, local, and tribal governments considered grants? No. Fund payments made by Treasury to State,territorial,local, and Tribal governments are not considered to be grants but are "other financial assistance"under 2 C.F.R. § 200.40. Are Fund payments considered federal financial assistance for purposes of the Single Audit Act? Yes,Fund payments are considered to be federal financial assistance subject to the Single Audit Act(31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance,2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Are Fund payments subject to other requirements of the Uniform Guidance? Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R.Part 200): 2 C.F.R. § 200.303 regarding internal controls,2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient monitoring and management,and subpart F regarding audit requirements. Is there a Catalog of Federal Domestic Assistance(CFDA) number assigned to the Fund? Yes. The CFDA number assigned to the Fund is 21.019. If a State transfers Fund payments to its political subdivisions, would the transferred funds count toward the subrecipients'total funding received from the federal government for purposes of the Single Audit Act? Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2 C.F.R. part 200,subpart F re: audit requirements. Subrecipients are subject to a single audit or program- specific audit pursuant to 2 C.F.R. § 200.501(a)when the subrecipients spend $750,000 or more in federal awards during their fiscal year. Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act? Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R. § 200.425. If a government has transferred funds to another entity,from which entity would the Treasury Department seek to recoup the funds if they have not been used in a manner consistent with section 601(d) of the Social Security Act? The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. State,territorial,local, and Tribal governments receiving funds from Treasury should ensure that funds transferred to other entities,whether pursuant to a grant program 10 or otherwise,are used in accordance with section 601(d)of the Social Security Act as implemented in the Guidance. 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 7, 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: Pines Road/BNSF Grade Separation Project — DeRuwe Acquisition GOVERNING LEGISLATION: SVMC 3.35.10—Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • May 7,2013: Administrative report,Bridging the Valley, • June 23,2015: Council passed Resolution No. 17-011 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP),which Pines Road Grade Separation Project (Project) • January 10,2017: Motion consideration to acquire Pinecroft property • February 28,2017: Council passed Resolution 17-006,amending the 2017 TIP which included the Project • March 28,2017: Administrative report seeking Council consensus to move forward with project design • May 23,2017: Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP,which included the Project • July 11,2017: Motion consideration select a Consultant for Phase 1 Design • October 17,2017: Admin Report on Design Alternatives • March 27,2018: Motion consideration to apply for Spokane Regional Transportation Council's (SRTC)federal grants • May 22,2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program,FY2017, (CRISI#1)grant • June 5,2018: Motion consideration to apply for Better Utilizing Investments to Leverage Development(BUILD)grant • August 21,2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program,FY2018,(CRISI#2)grant • December 4,2018: Admin Report on Design Alternatives • June 4,2019: Admin Report on Design Alternatives • June 4,2019: Motion consideration to apply for BUILD grant • June 18,2019: Motion consideration to advance Alternative 2 to Phase 2 design • April 14,2020: Motion consideration to apply for BUILD grant • May 5,2020: Motion consideration to authorize city manager to execute design agreement with HDR BACKGROUND: Since 2017,the City has been working on the design of the Pines Road/BNSF Railroad Grade Separation Project. An early right-of-way (ROW) acquisition of a Pinecroft parcel was completed for the project in 2017. Currently the City is working with Commonstreet Consulting (Consultant) on additional early ROW acquisitions for three parcels. The City's ROW consultant has been negotiating with two property owners to acquire the three parcels included in this early acquisition of ROW for the project. DeWitt Living Trust owns two of the parcels and Robin DeRuwe owns one parcel.These three early ROW acquisitions are funded by an FHWA grant along with City match. For the purpose of this agenda item,the ROW agent has negotiated a purchase price for parcel 45033.0308 (Robin DeRuwe)for$525,000. OPTIONS: Staff is recommending the Council authorize the City Manager to finalize the acquisition from Robin DeRuwe or take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute any paperwork necessary to complete this transaction with Robin DeRuwe for the purchase price of $525,000 plus applicable closing costs. BUDGET/FINANCIAL IMPACTS: To date, the City has secured funding in excess of$9.7 million for the project from three sources. This ROW acquisition will be funded from these sources. STAFF CONTACT: William Helbig,PE—City Engineer ATTACHMENTS: ROW Plan—DeRuwe Acquisition D Robin DeRuwe Acquisition 2 1 , 1ST SD / a0° 4( SR`s 3 crlBLACK W L.- / N�33 °� in 0 �, OF AND`1IE / /ED Mr' 92 3 65, S°° �•'o SAF' o� PO \� 0 GRAPHIC SCAOLOE (IN FEET) 200 fin O OPLA TO GR / VAOAT y�AY/ / �,p 5° �° ?` / / / /136.53 '2-\"' / / / 1' = 100' / \/ / / / 13 .653' / _ _ o 5 \ \ LEGEND / N 136 / / E / N N ' \\ r�, N / \ \ \ CP EMP RE / 136.53 2 0 T-3.. 51,000 Sq Ft �, = Existing Property Line 136.53 \ \ \ 3 \ APN 45033.0201 = Section Line \ \ \ \ \ ACRES — — = Platted Lot Lines 4 m \ \ \ 6 \ RANDVIE 156-8' NOTE: THE LOT AREAS SHOWN ARE FROM 5 Tp G w �=15'46'18", THE PARCEL INFROMATION SHEETS FROM \ I\ \ pN \ 3800 SPOKANE COUNTY. 6 ADP / / / 00 E/ 5�3• 60 R=463.34 11a• \ \ \ FIRST \ 53, \ Ng33a APN PARCEL DATA TABLE 136• / -� 13 4 0° 45033.0309 \ \ \ �NEtJE / / 15 6 13,900 Sq Ft TAX TOTAL / / A / \ PARCEL PROPERTY OWNER AREA SF \ \ / AND �36.53' rn 0, N 0. ------ ARYL/ / 40 APN 45033.0308 �+ 45033.0308 DERUE, ROBIN RAE 28,800 SF \ 43• 45033.0309 DEWITT LIVING TRUST 13,900 SF \/N / 156- _____- 3' rn 2 28,800 Sq Ft e). 45033.0201 51,000 SF O' \ \ t_22.1.'..0 5% N \ 2 W W \ /O / 136.53 \6'• rn o,----- \ \ 'S`b° S 3 \� 1N�h \4 / BASIS OF BEARING 36.53 \ \ / The bearing of N 73°38'00"E, along the center line of \ 4 \ \ /" Portland Avenue, per plat of First Addition to y \ \ O \ 5 \ \ / )/ D=0'48'11", this map. L=19.66' \ \ \ o) / R=1402.50 CITY OF SPOKANE VALLEY 20N\ 6 O; \X23 o �= \ / RIGHT OF WAY MAP \m \ / 0AD,2�0°0� SW 1 /4 OF SECTION 3, T25N., R44 E.W.M. \ \ / g 525 �° � .i'lA .. jA • SPOKANE COUNTY, WASHINGTON ��, ofs�� . ,o . 6. 'o /NT R�1 5. C�' ry : •i/\n / R�, 1. / / j �� ;;� d .', � Founded 1946 \ T :./ ; .p/ . , :, � / r, f,•: o impson Engineers, Inc. 0. /LA / ��;.. �,�♦34151� CIVIL ENGINEERS & LAND SURVEYORS N. 909 ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789 4 �� 3 '�� °NAL LAND ' PHONE (509) 926-1322 FAX (509) 926-1323 �4 „O �cC 57Z9/ze zo DRAWN BY SWT DATE 05/29/2020 PROJECT NO. DRAWING NO. 9 A 10 CHECKED BY DATE 17061 1 OF 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 7, 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: Pines Road/BNSF Grade Separation Project — DeWitt Living Trust Acquisition GOVERNING LEGISLATION: SVMC 3.35.10—Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • May 7,2013: Administrative report,Bridging the Valley, • June 23,2015: Council passed Resolution No. 17-011 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP),which Pines Road Grade Separation Project (Project) • January 10,2017: Motion consideration to acquire Pinecroft property • February 28,2017: Council passed Resolution 17-006,amending the 2017 TIP which included the Project • March 28,2017: Administrative report seeking Council consensus to move forward with project design • May 23,2017: Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP,which included the Project • July 11,2017: Motion consideration select a Consultant for Phase 1 Design • October 17,2017: Admin Report on Design Alternatives • March 27,2018: Motion consideration to apply for Spokane Regional Transportation Council's (SRTC)federal grants • May 22,2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program,FY2017, (CRISI#1)grant • June 5,2018: Motion consideration to apply for Better Utilizing Investments to Leverage Development(BUILD)grant • August 21,2018: Motion consideration to apply for Consolidated Rail Infrastructure and Safety Improvements Program,FY2018,(CRISI#2)grant • December 4,2018: Admin Report on Design Alternatives • June 4,2019: Admin Report on Design Alternatives • June 4,2019: Motion consideration to apply for BUILD grant • June 18,2019: Motion consideration to advance Alternative 2 to Phase 2 design • April 14,2020: Motion consideration to apply for BUILD grant • May 5,2020: Motion consideration to authorize city manager to execute design agreement with HDR BACKGROUND: Since 2017,the City has been working on the design of the Pines Road/BNSF Railroad Grade Separation Project. An early right-of-way (ROW) acquisition of a Pinecroft parcel was completed for the project in 2017. Currently the City is working with Commonstreet Consulting (Consultant) on additional early ROW acquisitions for three parcels. The City's ROW consultant has been negotiating with two property owners to acquire the three parcels included in this early acquisition of ROW for the project. DeWitt Living Trust owns two of the parcels and Robin DeRuwe owns one parcel. These three early ROW acquisitions are funded by an FHWA grant and city match. For the purpose of this agenda item,the ROW agent has negotiated a purchase price for parcels 45033.0309 and 45033.0201 (DeWitt Living Trust)for$375,000. OPTIONS: Staff is recommending the Council authorize the City Manager to finalize the acquisition from DeWitt Living Trust or take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute any paperwork necessary to complete this transaction with DeWitt Living Trust for the purchase price of $375,000 plus applicable closing costs. BUDGET/FINANCIAL IMPACTS: To date, the City has secured funding in excess of$9.7 million for the project from three sources. This ROW acquisition will be funded from these sources. STAFF CONTACT: William Helbig,PE—City Engineer ATTACHMENTS: ROW Plan—DeWitt Trust Acquisition D• \_ DeWitt Living Trust Acquisition 2 1 , 1ST SD / a0o E 4( sRs� 3 r BLOCK...our N�33 °� �, or, ANDVIE / /ED Mr' 92 3 65, S°° 1, 1,4\SAF' �� 0 GRAPHIC SCAOLOE (IN FEET) fin O OP To GR 1� / VADAT Ivo , / �,p 5° �& ?` / / / /136.53 '2-\''' / / / 1' = 100' / \/ / / / 13 .653' / _ _ o 5 \ \ LEGEND / N 136 13 / ,—.,,NE / N N ' \\ r�, / \ \ \ EMP RE �' 136.53 2 0 0 51,000 Sq Ft �, = Existing Property Line 136.53 \ \ \ 3 \ APN 45033.0201 = Section Line \ \ \ \ \ ACRES — — = Platted Lot Lines 4 m \ \ \ 6 \ RANDVIE 156 8' NOTE: THE LOT AREAS SHOWN ARE FROM 5 0 To G w 15'46'18", THE PARCEL INFROMATION SHEETS FROM \ I\ \ 0N \ 3800 SPOKANE COUNTY. 6 ADDITI / / / 00 E/ .,-----7-3-:;'°°, �3• 60 R=463.34 11a• \ \ \ FIRST \ 53, \ Ng33a APN PARCEL DATA TABLE 136 / 13 4 0° 45033.0309 \ \ \ �NEtJE / / 15 6 1 ,900 Sq Ft TAX TOTAL A / \ S w PARCEL PROPERTY OWNER AREA SF \ \ / AND �36.53' rn 0, N 0. ------ poll / 40 APN 45033.0308 �+ 45033.0308 DERUE, ROBIN RAE 28,800 SF \ 43• 45033.0309 DEWITT LIVING TRUST 13,900 SF \/N / 156- _____- 3' rn 2 28,800 Sq Ft cbC). 45033.0201 51,000 SF O' \ \ t_22.1.'..0 5% N \ 2 W W \ /O / 136.53 \6'• rn o, 'S`b° S ---- \ \ 3 \� 1��h \4 / BASIS OF BEARING 36.53 \ \ / The bearing of N 73°38'00"E, along the center line of \ 4 \ \ /" Portland Avenue, per plat of First Addition to y \ \ O \ 5 \ \ )/ D=0'48'11", this map. \ L=19.66' \ R=1402.50 o) / R=1402.50 CITY OF SPOKANE VALLEY 20\ 6 N 6; o �= \ / RIGHT OF WAY MAP \m \ / OAD,2�°°0� SW 1 /4 OF SECTION 3, T25N., R44 E.W.M. \ \ / <ROO �° � .IA .. jA • SPOKANE COUNTY, WASHINGTON �, os�� . ,o . 6. 'o /NT R�1 5. C�' ry : •i/\n / R�, 1. / / j �� ;;� d .', � Founded 1946 \ T :./ ; .p / . , :, � / r, f,•: o impson Engineers, Inc. 0. /ua / ��;.. �,�♦34151� CIVIL ENGINEERS & LAND SURVEYORS S 'I .GISTER... Cv' - N. 909 ARGONNE ROAD, SPOKANE VALLEY WA., 99212-2789 4 �� 3 '�� °NAL LAND ' PHONE (509) 926-1322 FAX (509) 926-1323 �4 „O �cC 5/z9/ze zo DRAWN BY SWT DATE 05/29/2020 PROJECT NO. DRAWING NO. 9 A 10 CHECKED BY DATE 17061 1 OF 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 7, 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: Washington Department of Commerce Shelter Program Grant GOVERNING LEGISLATION: Engrossed Substitute Senate Bill 6168 PREVIOUS COUNCIL ACTION TAKEN: Spokane Housing Authority Update March 12, 2019: Presentation on Spokane Valley Homeless Funding March 26, 2019; Point-In-Time Count Presentation June 4, 2019; Proposed Shelter Discussion August 13, 2019; Resolution 19-013 for SB 1406 Affordable Housing Sales Tax Rebate September 3, 2019; Camping in Public Spaces Report October 15, 2019; First Reading Regulating Public Camping Ordinance October 29, 2019; Adopted Regulating Public Camping Ordinance November 12, 2019; Homelessness Update February 11, 2020; Regional Bridge Housing Proposal June 16, 2020. BACKGROUND: This grant utilizes state funding managed by the Department of Commerce for the purpose of increasing local shelter capacity and with the goal of exiting people to permanent housing quickly. Jurisdictions with a population of greater than 25,000 are eligible to apply. Within Spokane County the three eligible jurisdictions are Spokane County, City of Spokane, and City of Spokane Valley. The full amount of funding is available if all three jurisdictions submit a joint application. If a joint application is not submitted, the jurisdictions would apply individually and be eligible for only 80% of the funds. The total amount available for Spokane County is $2,731,100, with the amount reduced to $2,184,880 if the three jurisdictions apply separately. Spokane Valley's full portion is $562,756 but that would be reduced to $450,205 if an individual application was submitted. The funds are for the period of August 2020 through June 2023. The shelter must be ready for occupancy by December of 2020. The funds will reimburse costs, up to $10,000 per bed for capital costs associated with creating new beds, and up to $56 per day per person sheltered for operational and capital costs once the shelter is operational. The Continuum of Care has recommended utilizing this funding to provide a young adult shelter for ages 18-24. A shelter serving young adults has been identified as a priority in the 5-year Strategic Plan to Prevent and End Homelessness and is currently a gap in our regional homeless system. OPTIONS: 1.) Consensus that staff submit a joint application with City of Spokane and Spokane County to pursue a young adult shelter in Spokane; 2.) Consensus that staff submit an individual application to pursue youth, young adult, and family sheltering needs in Spokane Valley; 3.) Consensus that staff submit a joint application with the City of Spokane and Spokane County that pursues a centrally located young adult shelter and includes accommodations for young adults (and potentially other populations) that have community connections within Spokane Valley that allow them to be sheltered in Spokane Valley in order to maintain those connections. RECOMMENDED ACTION OR MOTION: Consensus for the City to submit the application for Commerce Shelter Program Grant either jointly or individually. BUDGET/FINANCIAL IMPACTS: No matching funds are required but if the City were to submit a separate application, there would likely be the need for additional staff and/or consultants to develop and manage a plan for the homeless populations in Spokane Valley. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: PowerPoint; Shelter Program Overview; Award Chart Department of Commerce New Shelter Program Spokane Regional Continuum of Care Young Adult Shelter New Shelter Program Overview $40M appropriation from WA State Legislature for the creation of new shelter beds to address the unsheltered homelessness crisis in WA State Eligible Applicants - City and County Governments with populations over 25,000 Award Period - August 2020 to June 2023 Additional Details: All new beds created with funds must be operational by December 2020 Proposals must be consistent with local homeless plan Proposals must not exceed the $56/bed/day and $10K/new bed created ■ reimbursement rate To receive 100% of formula award, all eligible jurisdictions within the county must apply jointly. Stand alone applications will only receive 80% of available funding Available Funding Total funding available to the region for a joint application from the City of Spokane Valley, City of Spokane, and Spokane County: $ 2, 731 , 100 Total funding available to the region if each eligible applicant applies separately: $2, 1 84, 880 City of Spokane Valley: $450,205 City of Spokane: $1 ,033,348 Spokane County: $701 ,327 1 Young Adults Aged 18 - 24 An Underserved Population From July 2019 to June 2020, 320 of the unique individuals that accessed the Spokane Regional Singles Homeless Coordinated Entry system were between the ages of 18 and 24 15% of all individuals that touched that system 166 of that 320 (52%) indicated that they were staying in a place not meant for human habitation During that same time period, young adults accounted for 7% of all patrons served by House of Charity and Hope House (102 unique young people) Only 31 of the 320 young adults who accessed coordinated entry had also accessed the adult shelter system Spokane Regional Continuum of Care's Youth Advisory Board tells us that young people do not access adult shelters in most cases due to: Concerns about safety amongst the older adult population Lack of age appropriate services • Young Adult Shelter Strategic Alignment to Consistency with homeless plan - Section 6.4. 1 of the 5-Year Plan to Prevent and End Homelessness specifically refers to the gap in current regional shelter system for young adults The federal definition of achieving "Functional Zero" for youth and young adult homelessness includes eliminating unsheltered homelessness for these populations. The Youth and Young Adult Homeless Master List - a real-time tracking tool of the number of young people experiencing homelessness - tell us that anywhere from 50-60 young adults are experiencing unsheltered homelessness within Spokane County on any given day. • ® Based on the data available and alignment with the strategic plan, the Continuum of Care Board voted on June 24th that the target population for the New Shelter Program should be young adults aged 18-24 Young Adult Shelter The Current Opportunity w An ideal location would be close to an STA bus line, institutions of higher education, and entry-level employment opportunities. Additionally the site should be close to other centralized services, but outside of the City of Spokane downtown core. P The vision for the location is to create a service rich environment with office space for specialized providers can conduct "office hours" to connect with participants 1 Desired service providers would those who could provide educational and employment services, behavioral health supports, and legal assistance • This grant could fund 51 beds starting November 2020 through June 2023 at the required $56/bed/night reimbursement rate Sustainable opportunities for continued funding for Young Adult Shelter after June 2023 include a WA State Office of Homeless Youth procurement for July 2023 Questions? O►` Washington State Department of 140 Commerce HOUSING ASSISTANCE UNIT Shelter Program Overview The Department of Commerce (Commerce) intends for communities to use equitable and creative approaches to develop or expand shelter programs and bring people inside with a goal of exiting participants to permanent housing quickly. Funds will be awarded for a three-year period: August 2020 to June 2023. Program Requirements 1. Shelter program will enact strategies to ensure racially equitable access and racially equitable outcomes at exit. 2. Shelter rules and policies do not include pre-conditions for receiving shelter,and are narrowly focused on maintaining a safe environment for residents and the community and avoiding exits to unsheltered homelessness. 3. Shelter staff are trained on LGBTQ+ competency, racial equity and how to implement trauma informed care. 4. Shelter program provides outreach to unsheltered individuals. 5. Shelter program provides residents with housing stability focused services, including diversion and problem solving. Shelter programs connect shelter residents to mainstream services including behavioral health, chemical dependency, education or workforce training, employment services and permanent supportive housing. 6. Shelter must be available for occupancy by December 2020. In special circumstances, Commerce will consider approval of later occupancy dates. Commerce intends to recapture and redistribute funds for shelters not available for occupancy by the December deadline. 7. Shelter program is consistent with county local homeless housing plans. 8. Direct service providers must enter client data into the Homeless Management Information System. SHELTER PROGRAM OVERVIEW JUNE 2020 1 2.2 Eligible Types of Shelter For the purpose of this grant, shelter facilities are defined as: • Emergency Shelter Facility: a building locally permitted to provide emergency shelter for people experiencing homelessness. Examples include: re-use of existing buildings and new buildings. This designation requires a certificate of occupancy issued by the local jurisdiction. • Temporary Shelter Site: structure(s) or location locally permitted to provide temporary shelter for people experiencing homelessness. Tents or"tent cities" are an example of a temporary shelter. This designation requires use approval, as required by local jurisdiction. This could be conditional or temporary use permits, or a zoning letter stating approvals required. Hotels, motels, dormitories and efficiency dwelling units or apartments are allowable types of shelter facilities. If an emergency shelter hotel/motel voucher model is used, programs must be able to ensure access to a set number of hotel/motel beds 365 days a year. Given the context of COVID-19,traditional models of congregate shelter services may not be appropriate. For not only this reason, sites utilizing temporary shelter structures referred to as "tiny shelters" or "tiny homes" are allowable, in addition to other models that meet minimum standards of safety and dignity. All shelters must implement applicable COVID-19 Washington State Department of Health recommendations and Centers for Disease Control and Prevention COVID-19 Guidance for Shared of Congregate Housing. Shelter facilities must obtain approval by the relevant local public health jurisdiction, Public Health Officer, County Medical Director or Department of Public Health Director prior to occupancy of shelter. Eligible Costs Commerce will reimburse for new beds' created on and after January 1, 2020. Commerce will reimburse up to $56 per day per net additional person sheltered above the baseline of shelter occupancy prior to the award of funding. Eligible uses of funds include: • Shelter operations including housing case management, navigation to other services, outreach related to bringing unsheltered individuals inside and efforts to address potential impacts of shelter on surrounding neighborhoods • Supporting shelter residents with move-in costs and other flexible funds are allowable costs, if those costs directly help participants exit homelessness and obtain housing. Flexible funds will be reimbursed as part of the $56 per day reimbursement rate paid for people while in shelter. • Shelter maintenance • Capital improvements and construction • Shelter rent and loan repayment ' Examples of new beds include tents converted to tiny shelters/homes,seasonal or temporary beds converted to permanent beds or nightly drop-in beds converted to 24-hour beds. SHELTER PROGRAM OVERVIEW I JUNE 2020 2 Commerce will reimburse up to $10,000 per shelter bed prior to occupancy for costs associated with creating additional shelter capacity or improving existing shelters to improve occupancy rates and positive outcomes. Eligible costs prior to occupancy include: • Acquisition and construction • Equipment • Staff costs • Other costs directly related to creating additional shelter capacity Service Provision Rules and Policies Shelter programs must have realistic and clear expectations. Rules and policies must be narrowly focused on maintaining a safe environment for residents and the community and avoiding exits to homelessness. Shelter programs must have flexible intake schedules and require minimal documentation. At the minimum, people must not be screened out based on the following criteria': • Having little or no income • Having poor credit or financial history • Having poor or lack of rental history • Having involvement with criminal justice system • Having active or a history of alcohol and/or substance use* • Having a history of victimization • The type or extent of disability-related services or supports that are needed • Lacking identification or proof of U.S. Residency Status • Other behaviors that are perceived as indicating a lack of"housing readiness," including resistance to receiving services Shelters must be oriented toward exiting to people to permanent housing, and may not have stay limits. Residents must not be exited to homelessness solely due to the number of days spent residing at shelter. Shelter programs must not require participants to pay a share of rent. Participants must not be terminated from the program for the following reasons: • Failure to participate in supportive services or treatment programs • Failure to make progress on a housing stability plan • Alcohol and/or substance abuse in and of itself is not considered a reason for termination (does not apply to sobriety/recovery focused shelter)* *Each county should provide access to shelter that is realistically accessible to the diversity of people experiencing unsheltered homelessness. For many people, sobriety-based shelter is appropriate as they work to address dependence. Research is clear that some people will not be able to maintain sobriety, even with the threat of becoming unsheltered, and as a result would be ejected into unsheltered homelessness if sobriety- based shelter is the only option. As a condition of receiving this funding,jurisdictions will be required to 2 Shelter programs serving minors will follow guidance on shelter rules and polices from the Office of Homeless Youth. SHELTER PROGRAM OVERVIEW I JUNE 2020 3 provide shelter options that do not require sobriety as a condition of program enrollment proportionate to the requests for such placements. Housing Stability Focused Services and Case Management Housing case management is driven by the needs of the resident, is flexible, uses a strengths-based approach and is focused on obtaining housing. Diversion and Problem-Solving Diversion is a creative problem-solving approach to help people resolve their housing crisis, ideally before entering the crisis response system. Diversion uses exploratory conversations to help people identify realistic housing options based on their own resources. Diversion is often accompanied with short-term services including one-time financial assistance. Diversion approaches will be utilized prior to program entry and throughout a resident's shelter stay. Racially Equitable Access and Outcomes Shelter programs must develop and implement strategies to prevent racial inequities in who is served and program outcomes. Strategies must include policies and procedures that promote: • Hiring and promoting both frontline and management staff who reflect the racial, cultural and language demographics of the population being served • Implementing inclusive programming by intentionally seeking and utilizing input from the population being served • Working with HAU staff to develop measures of equitable outcomes and address disparities Program Contact: • Megan Kendig • Email: megan.kendig@commerce.wa.gov Program webpage: haps://www.com merce.wa.gov/cervi n g- communities/homelessness/office-of-family-and-adult- homelessness/shelter-program/ SHELTER PROGRAM OVERVIEW I JUNE 2020 4 r Washington State o Commerce Shelter Grant Program August 1, 2020-June 30, 2023 $ - $ - Spokane Spokane County $ - $ - Spokane Unincorporated $ 701,327 $ 876,659y Spokane Incorporated $ _ $ - Spokane Airway Heights $ - $ - Spokane Cheney • $ - $ - Spokane Deer Park $ - $ - Spokane Fairfield $ - _ $ - Spokane Latah $ - $ Spokane Liberty Lake_ $ - $ - Spokane Medical Lake $ - $ - Spokane Millwood $ $ - Spokane Rockford $ - $ - Spokane Spangle $ - $ Spokane Spokane $ 1,033,348 $ 1,291,685 Spokane Spokane Valley _ $ 450,205 $ 562,756 Spokane Waverly $ - $ - Total $ 2,184,880 $ 2,731,100 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 7, 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: Administrative report—proposed declaration of surplus of Balfour Road horse arena property. GOVERNING LEGISLATION: SVMC 3.49.020. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Upon incorporation on March 31,2003,the City acquired the property staff refers to as the former Balfour Road horse arena, Spokane County parcel number 45291.9003, located near the intersection of Balfour Road and 20th Avenue. Spokane County identified this property as appropriate to transfer upon incorporation of a city pursuant to RCW 35.02.180. As such,the City took ownership of this 2.07 acre lot at that time. The property was apparently used as a horse arena for surrounding properties,in the nature of an equestrian-based neighborhood development until the late 1980's. At that point,it appears the arena was getting little use by the neighborhood,and the neighborhood association stopped paying taxes on the parcel, letting it go to tax foreclosure in 1989. The County then owned it following tax foreclosure from 1989 until Spokane Valley's incorporation in 2003 when it was transferred to the City. Staff have attempted to identify potential public uses for the property over the past 17 years, but were unsuccessful due to lack of access to a public road. There are two unrelated properties owned by third parties between the horse arena and Balfour Road. The property immediately east of the horse arena is owned by Spokane County Water District No. 3 (parcel number 45291.0704), and the property east of that and adjacent to Balfour Road is owned by the Chester Hills Pool Association(parcel number 45291.0705). The property has an access easement through the Water District property, which terminates at the eastern property line, but the easement does not continue through the Chester Hills Pool property to Balfour. As such,the property does not currently have a legal ingress/egress point to a public road. It appears that while the surrounding properties were subject to the Chester Hills subdivision conditions,the horse arena property was never legally subdivided. The property is currently zoned as Single Family Residential. The City's options include negotiating an easement with the Chester Hills Pool Association for access to the horse arena; filing suit to attempt to establish an easement by necessity through court order through the process set forth in chapter 8.24 RCW; or sell the property to a third party who can attempt to establish an access easement either pursuant to 8.24 RCW or through negotiations with the Chester Hills Pool Association. The City makes no representations regarding the relative merits of being able to establish an easement by court order. However, staff has noted that there is a specific provision in chapter 8.24 RCW that appears to provide a remedy for the lack of legal ingress/egress. Staff recommends declaring the property surplus to the needs of the City because the City neither has nor anticipates having a practical, efficient, or appropriate use for the property. Pursuant to SVMC 3.49.020, once declared surplus,the City Manager would be authorized to sell the property using procedures the City Manager deems to be in the best interests of the City. Staff hired a licensed appraiser to provide a value for the property in July 2019, with the assumption that there was no legal access to a public road, and the appraised value was established at $110,000. If approved for surplus, City Manager Calhoun would seek to maximize the sale proceeds to the City. OPTIONS: (1)Consensus to place a resolution declaring the property surplus on a future agenda or consent agenda; or(2)take other action as appropriate. RECOMMENDED ACTION OR MOTION:Consensus to place a resolution on a future Council consent agenda, declaring Spokane County parcel number 45291.9003 surplus to the needs of the City and authorizing the City Manager to sell or transfer it in the best interest of the City. BUDGET/FINANCIAL IMPACTS: Unknown at this time. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Aerial map showing the property;parcel map. • • • I. • " s • �pF w • 4a! 5t' i,G r 1j, _ E., .. -'# ---7---';:—; _ to Y _,., ."47_lit • Silk: '..,..,It•:,, •'''' L. '' ill.. 1.44'4:It.:7.- -e.., " lirI it 1 - .._ - hh f}r' �litl .-ir ;41.' . - i. 14111611i ' 1r-:-..`" ....:0 ir. ..,..e- ,._...3_ a .- r y,� _ r ....,,, ..,„„„, ....,.. ......„,.... ,,.. .• . . r ....„..,,,,,,...: ,,,.;,......,„.. • + '.....H - yyg� . . • tai**t...4, r .. T T .'. } ' JSP d -_ � .r . - L • 5 i • F: L r ` r'. ,.1- - "-r o .:g'''fir - I. . '',•-•,...0,• ,- J t ' _4 • .- w A L jrt- -- , y .0. _ ilipt„, ... • JFy • liff8 ,::..... . .7 4 . ,, i • ., s `�` `b". t'. • a E�-`i: ii 45291.0716 c. 45291.1535 I t :w 45291.1701 45291. V —b ti___ ..E.' (.4 — _ 45291.0717 45291.15266 45291. o: `. 45291`1523 45291.152 5 45291.1505 45291.6703 45291.1506 1802 • 45291.1532 '"' 45291.1803 45291.9003 45291.0704 45291.0705 452911531 45291.1804 0 45291.0706 _; 45291.1529 t 45299`1805 i-1- r�r r. X91.181945291 1527 • 45291.1806 _ 45291.0707 `-' 45291.1510 ," /5291. r ;• 45291.1807 ..� y<r" :, \4529t1818 \ V 45291.1518 45291.0708 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 7,2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business [' new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation [' executive session AGENDA ITEM TITLE: Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Administrative Report June 2,2020 BACKGROUND: The Governance Manual Committee consists of Councilmember Rod Higgins, Councilmember Tim Hattenburg, Councilmember Linda Thompson, City Manager Mark Calhoun, City Attorney Cary Driskell, and City Clerk Chris Bainbridge. The committee met in March and May and discussed and reviewed proposed changes to the manual. As a result of the committee meetings, several changes were proposed,which were then discussed at the June 2, 2020 Council meeting. At that meeting, it was determined to add in the second public comment opportunity on the formal agenda, and to move the first opportunity to just before the Consent Agenda. The proposed changes outlined below are up for Council discussion. I have not included those pages with minor edits such as correcting formatting, or numbering. The table of contents and index will be updated after all proposed changes have been determined. Please also note that referenced page numbers below are those in the red-line version of the Manual. Executive Summary: edits on page 6 to make tense consistent; removed unnecessary bullet points, or to make sentence more clear; and removed items addressed elsewhere. Chapter 1: Page 3: clarified process for adding something to an agenda during a Council meeting. Page 10: under order of business: there are now 2 times for public comments(see xi and xv). Page 13: clarified that the only employee this pertains to is the position of city manager. Page 14-15: added new sections clarifying when it is necessary to call a special meeting;please note `g' at the bottom of page 14 where it speaks to Councilmembers attending meetings of a City department. Page 16-17: moved the explanation of public comments here;divided into sections for verbal,written and electronic comments. Page 18-19: added new section to address remote council meetings; added language about other public safety emergency issues; added additional verbiage about the Mayor stating at the beginning of such meeting,that a particular Councilmember is attending via remote communication and the reason for remote attendance. Page 24: Added that abstentions are not permitted. Chapter 2: Page 33: clarified there are no term limits for the office of Mayor or Deputy Mayor. Page 36: clarified process for Council travel allocation. Page 37: edits concerning allowable travel expense with note about tips. Page 37: identified some personal toiletry articles not reimbursable as travel expense. Page 37: corrected conflicting statement concerning expense reimbursement report and when it is due. Chapter 3: Minor edits Chapter 4: Minor edits Appendix B: Core Beliefs Although not a part of this revision,the idea was mentioned of Council addressing an updated core beliefs resolution,which the Office of the City Attorney will bring forward at a later date this year(last updated 2007). Appendix C: Statement of Ethics: Added state statute citation for not accepting gifts or gratuities. Appendix D: Acronyms:Added COVID-19;Added WHO. OPTIONS Discussion, and possible consensus to move some, all or none of these changes forward via a Resolution to amend the Governance Manual,with or without further amendments,or postpone to a future meeting. RECOMMENDED ACTION OR MOTION: Council discretion. BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF/COUNCIL CONTACT: City Clerk Chris Bainbridge;City Attorney Cary Driskell;City Manager Mark Calhoun; Councilmembers Hattenburg,Higgins and Thompson. ATTACHMENTS Governance Manual Proposed Changes(redline and clean format). CITY OF So Kane Valley ® Governance Manual Adopted by Resolution 18-01120-_ A 8-011 2 - - A Comprehensive Collection of Rules and Procedures Adopted December 18, 2018 Resolution 03-028 adopted 05-13-2003,replaced by Resolution 04-013 adopted 05-25-2004,replaced by Resolution 05-021 adopted 09-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020 adopted 12-11-2007,replaced by Resolution 09-012 adopted 09-08-2009,replaced by Resolution 10-020 adopted 12-28-2010,replaced by Resolution 12-002 adopted 04-10-2012,replaced by Resolution 13-005 adopted 04-23-2013,replaced by Resolution 14-003 adopted 02-25-2014,replaced by Resolution 15-007 adopted 08-11-2015,replaced by Resolution 16-012 adopted 11-01-2016,replaced by Resolution 18-008 adopted 11-13-2018,replaced by Resolution 18-011 adopted 12-18-2018,replaced by Resolution 20- adopted Page 1 of 64 TABLE OF CONTENTS Introduction 4 Executive Summary 5 CHAPTER 1: Council Meetings 8 A. General 9 1. Time and Location 9 2. Open to the Public 9 3. Presiding Officer 9 B. Meetings 10 1. Regular Meetings 10 a.Formal Format 10 b. Study Session Format 12 c.Executive Sessions 14 2. Special Meeting 15 3. Emergency Meetings 16 4.Pre-Agenda Meeting 16 5. Cancellation of Meetings 16 C. Meeting Rules and Procedures 17 1. Council Rules of Order . 17 2. Quorum . 17 3. Seating Arrangement 17 4.Attendance 17 5. Respect and Decorum 18 6. Dissents and Protests 18 7. Councilmember Meeting Remote Participation by Telephone/Video Conference 18 8. Internet Use,Texting 18 9.Adjournment Due to Emergency or Disruption 19 10. Permission Required to Address the Council . 19 11.Approaching the Dais 19 12. Out of Order(sequence)Requests .. 19 13. Photographs,etc. Requiring Artificial Illumination Prior Permission Required 19 14. Placing Items on an Agenda 20 15.Motions and Discussion 20 Table of Parliamentary Procedure at a Glance 22 16.Voting 23 17. Recusal from Discussion and Consideration 23 18. Ordinances 24 19. Resolutions 25 20. Community Recognition Program 26 21. Proclamations 26 22. Taxes: Increasing or imposing new taxes 27 23.Hearings 27 24. Reconsideration 28 25. Council Materials/packets . 29 26. Three Touch Principle 29 CHAPTER 2: Legislative Processes and Procedures 31 A. Election of Council Officers 32 B. Filling Council Vacancies . 33 C. Legislative Agendas 35 D. Council Travel Allocation 35 Page 2 of 64 E. Council Expense Reimbursement Policy 35 F. Ballot Measures 37 CHAPTER 3: Council Contacts 39 A. Citizen Contacts and Interactions 40 1.Mayor/Council Correspondence 40 2. Citizen Concerns,Complaints and Suggestions to Council 40 3.Administrative Complaints to Individual Councilmembers 40 4. Social Media 40 5. Donations 40 B. Staff Contacts and Interactions 41 1. Role of the City Manager 41 2. City staff Attendance at Meetings . 41 3. City Clerk—Minutes 41 4.Administrative Interference by Councilmembers 41 5. Informal Communications Encouraged 41 CHAPTER 4: Committees,Boards, Commissions 43 A. Regional 44 1. Committees 44 2. Council Relations with Boards, Commissions,Advisory Bodies 44 B. In-house 45 1. Standing Committees ...45 a. Planning Commission 45 b. Lodging Tax Advisory Committee ...45 c.Finance Committee 46 d. Governance Manual Committee 46 e.Agenda Committee 46 C. Private Committees,Boards, Commissions 47 Appendices: A. Public Hearings, Quasi-Judicial 48 B. Resolution 07-019 Core Beliefs 49 C. Statement of Ethics 51 D.Frequently Used Acronyms 52 E.Application for City Council Member 55 F.Request to Transfer Travel Allocation from One Councilmember to Another 59 G. Definitions 60 Index 61 Endnotes 63 Page 3 of 64 INTRODUCTION In December 2002, prior to our City's official incorporation, then Mayor DeVleming appointed three members of Council to serve on an ad-hoc Governance Coordination Committee for the purpose of drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The end-product legislation of that Committee's four-month process was approved by Council at the May 13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General Policy Resolution of Core Beliefs,which was amended by Resolution 07-019, and which can be found in full in Appendix B on page 49. Not unlike other guidance manuals, this This Manual Chas undergone several changes since its inception,with. While some sections have remaininge4 static over the years, such as Council meeting time and location, and other sections havinge been modified to include Internet use, -filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. Thise Manual is usually reviewed annually and at times amended to recognize additional topics or for clarification as the need arises. This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, eCity ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. Page 4 of 64 EXECUTIVE SUMMARY FOUNDATION: The City of Spokane Valley incorporated March 31, 2003, and is a non-charter code city operating under a Council-Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council-Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT: The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision-making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed to not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and can only occur as a result of an open public process: "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights."(Washington State Constitution Article I, Section 1) OBLIGATIONS: The City acknowledges the importance of complying with the Open Public Meetings Act and the Public Records Act: "The people of this state do not yield their sovereignty to the agencies which serve them. The people,in delegating authority,do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." RCW 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act:"The legislature finds and declares that all public commissions, boards,councils,committees,subcommittees,departments,divisions,offices,and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly." Unless as part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public meeting.Unless as part of a duly noted Council meeting,aA quorum of four or more Councilmembers shall alse—not meet as part of a web conference dealing with City business, nor a conference call, serial communication, social media or even a"straw poll" in executive session. The Open Public Meetings Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided City issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional,the City may still be liable for attorney's fees.However,elected officials' right to speak freely and gather publicly is protected by the First Amendment of the U.S. Constitution. RCW 42.56.030 Public Records Act:"This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern." PRIORITIES: The City's pPriorities are public safety, pavement preservation, transportation and infrastructure,and economic development.Additional information on priorities and Council goals can be found in each year's budget, as well as the City's annual Business Plan. BASIC TENETS: Council's core values and basic tenets of governing can be found in Resolution 07-019, which is included in its entirety in Appendix B on page 49 of this Manual. BRANCHES OF CITY GOVERNMENT: The Council is the legislative branch of the City government. Council appoints an officer whose title shall be "City Manager" and who shall be the chief executive officer and head of the administrative branch of the City government. "The City Page 5 of 64 Manager shall be responsible to the Council for the proper administration of all affairs of the code city." RCW 35A.13.010. Legislative Branch: City Council. The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals,but only when meeting as a Council when a quorum (four or more) are present. Council represents the City residents and business owners of the City of Spokane Valley, and is the law-making,policy-making, and budget and spending approval authority of the City government. Council hires, directs, guides and evaluates the performance of the City Manager. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council(RCW 35A.13.130),or as otherwise agreed to by contract.For functions of the Mayor and Deputy Mayor, see also Chapter 3(B)(1)of this Manual. Some of the duties,responsibilities, and limitations of each Councilmember: • As a representative of City residents,Bbrings the experience,concerns and knowledge of a typical City resident to City government. • As an elected representative,Is cognizant of pays attention to the needs,wants and concerns of all City residents and businesses as a whole. • Contacts residents and businesses to gather feedback and ideas.The resulting information may be shared with staff or other Councilmembers individually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting: • Studiesy internal and external written and documented information related to the government and administration of the City., including internal and external written information and information received from City employees. • Develop a collegial relationship with City employees, but aIs prohibited from void giving City employees directives,or saying anything that could be taken as an attempt to influence the conduct of the employee's job- • Gives feedback and ideas regarding City government and administration to the City Manager. • Work with one or two (more than three working together violates the Open Public Meetings Act) other Councilmembers on studying issues and/or sponsoring Resolutions and Ordinances. .—Participates in assigned City and regional committees and all Council meetings, special and regular. • Make a motion (or second such motion)to amend an agenda or a motion. .—When acting in the capacity of Councilmember outside of Council meetings, communicates that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council, unless pre-authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Councilmember's freedom of speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum, Councilmembers may work together on City Council-related projects and discuss City business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. Call a Special Meeting of the City Council.Pursuant to RCW 35A.12.110,"Special meetings may be called by the Mayor or any three members of the Council by written notice delivered to each member of the council at least twenty four hours before the time specified for the proposed meetings." However, if there is no quorum at a meeting, there is no meeting. Notice of Special Meetings should be distributed via the City Clerk. Administrative Branch:The City Manager and City Staff. The City Manager is the City's chief executive officer and head of the administrative branch. The City Manager is;an at-will position and;reports directly to the Council.All staff work under the direction of the City Manager, who is directed by the City Council. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments,and for the supervision of all members of staff."(See page 11 Chapter Page 6 of 64 Ch. 3(B)( }of this Governance Manual,and chapter 35A.13.RCW for a description of the role of the City Manager Authority.) Manual. Although this summary is provided as an quick and concise overview of the Governance Manual, reading of the entire Mianual is strongly encouraged. The Table of Contents, as well as the Index is intended to be beneficial in locating desired topics of discussion. Page 7 of 64 CHAPTER 1 Council Meetings J Spokane iiilimi. ,'''' ISO g Valley Ar ill, I. 11 ,t Ik P• _` '1 i 1' ' I IA Page 8 of 64 A. General 1. Council Meetings-Time and Location Regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. Pursuant to RCW 42.30.070: "If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day." As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetings- Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110' (Executive Sessions),or RCW 42.30.1402 (Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence.In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council,shall act as Mayor during the continuance of the absences [RCW 35A.13.0353]. The Mayor, Deputy Mayor (in the Mayor's absence)or Mayor Pro Tem are referred to as"Presiding Officer"from time to time in these Rules of Procedure. B. Meetings 1. Regular Meetings: Formal Format a. Normally held 2nd and 4th Tuesdays. The City Clerk,under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers,the City Manager,appropriate staff,and the media who have filed a notification request. b. Requests for presentations from outside entities or individuals to be placed on a future agenda,will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda.Playing of videos,DVD's,PowerPoints,or other electronic presentations shall be pre-screened and pre-approved by the City Manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting,the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. c. Forms of Address. The Mayor shall be addressed as "Mayor (surname)." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)"unless waived by the Presiding Officer. d. Order of Business.The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting,rearrange items on the agenda to conduct Council business more expeditiously,without the necessity of a formal action or motion.However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the"amended agenda." Page 9 of 64 i. Call to Order by the Presiding Officer ii. Invocation iii. Pledge of Allegiance iv. Roll Call (See Chapter 1,C4b [page 17] for procedure to excuse an absence) v. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, with concurrence of at least three other Councilmembers, or by the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s)is added, Council shall then consider a motion to approve the amended agenda. ("Three-Touch Principle" should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of`Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. vi. Introduction of Special Guests and Presentations. vii. Councilmember Reports. Council or government-related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are intended to be brief, City work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force or commission, whether as a formal or informal member. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. viii. Mayor's Report. Same as 'vii'above except given by the Mayor ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. x. Public Hearings (See Chapter 4 for procedural details) xi. Public Comments: See Section"C Meeting Rules and Procedures" xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember without further explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is likely;or are otherwise deemed in the best interest of the City. The proper Council motion on the Consent Agenda is:"I move approval of the Consent Agenda." This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda.If any matter is withdrawn,the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting,or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. xiii. Unfinished Business.- [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting] xiv. New Business [Action items are designated as New Business] Any member of the public who wishes to verbally address the Council on an action item on the current agenda,shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign-in procedure. If necessary the Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached.The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv. Public Comments. See Section "C Meeting Rules and Procedures" xvi. Administrative Reports or tracking of an administrative issue or topic. xvii. Information Only Items These items are generally not discussed or reported. xviii. City Manager Comments Page 10 of 64 xvix. Executive Session (as required) (See Chapter 1,section B lc below) xx. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time,and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified,the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. 2. Regular Meetings: Study Session Format a. Normally held 1St 3rd and 5t1 Tuesdays.The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items should normally not be included on a study session agenda, although there will be times when due to deadlines or other pressing or time sensitive issues,action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais,but shall not discourage public observation.Unless there are designated action items which permit public comment,there shall be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk,under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press,on or before close of business on a Friday preceding a Tuesday Council meetingl:30 p.m., one day before the meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. b. Action Items. Although action items may occasionally be included on a study session agenda, it is the preference of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take final action during these meetings.As in the formal format meetings,public comment will be allowed on action items. c.Unexpected Motions.Because study sessions are usually understood by the public and media as referring to meetings at which Council considers and discusses items and does not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly.As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a"surprise" motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. d. Presiding Officer's Role. The role of the Presiding Officer is to facilitate free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer.The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. e. -Outside Requests. Outside requests to be included on a Council agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue,and whether it should be placed on an upcoming Council agenda. Playing of videos,DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the City Manager or designee,who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed.All Page 11 of 64 written materials,including the written summary, shall be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. f. Forms of Address.Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. g. Order of Business.The business of all study session meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting,rearrange items on the agenda to conduct Council business more expeditiously,without the necessity of a formal action or motion.However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the"amended agenda." i. Call to Order ii. Roll Call. The City Clerk shall conduct a roll call of Councilmembers(See Chapter 1,C4 page 17 for procedure to excuse an absence.) iii. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, with concurrence of at least three other Councilmembers, or by the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s)is added,Council shall then consider a motion to approve the amended agenda. ("Three-Touch Principle" should be followed whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the meeting in place of`Approval of Agenda,' recognizing that there will emergencies or other situations when such I motion to amend the agenda will be made at other times during the meeting. iv. Presenter's Role.During the Council study session,the presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. v.Advance Agenda vi. Information Only Items These items are generally not discussed or reported. vii. Council Check-in: The purpose of this item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose,needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember, that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification or to address other upcoming concerns. viii. City Manager Comments: The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on activities or issues which either just arose, needs immediate or imminent action,or to simply inform Council of items that transpired since the last Council meeting, I or will occur before the next Council meeting. ix. Adjourn. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 3. Regular Meetings: Executive Sessions a. Executive sessions shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting.Before convening in executive session,the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. i. At the close of the executive session and upon Council's return to chambers,the Presiding Officer declares Council out of executive session, and asks for the appropriate motion (i.e. an action motion or a motion to adjourn). Page 12 of 64 ii. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.524) and/or the Public Records Act(RCW 42.565). b.RCW 42.30.110 explains the purpose for holding an executive session,some of which include: i. RCW 42.30.110(1)(b).To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. [The only employee subject to this evaluation is the position of City Manager.] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. [Note: stating that an executive session's purpose is to discuss a"personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public(review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to I agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency,the governing body,or a member acting in an official capacity is, or is likely to become, a party,when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation"means matters protected by Rules of Professional Conduct(RPC) 1.6 or RCW 5.60.060(2)(a)concerning: (a) Litigation that has been specifically threatened to which the agency,the governing body, or a member acting in an official capacity is,or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency,the governing body,or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.1606 that the public be made aware of the preliminary agendas of meetings in advance of the meeting,but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. [MRSC Index-General Government-Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session,it is a good practice for the Mayor to announce at the beginning of the meeting,that Council will be adjourning into an executive session at the end of the regular meeting. d. Attendance at Executive Sessions. The City Attorney or Deputy City Attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council,is determined by the City Manager. Page 13 of 64 4. Special Meetings a.Meetings set at days,times,and places other than Tuesdays at 6:00 p.m.in the Spokane Valley City Council Chambers shall be deemed"special meetings,"such as joint meetings with other jurisdictions or entities(Board of County Commissioners,Planning Commissioners),and Council workshops or retreats. b. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.1707, 35A.12.1108). Written notice of the special meeting shall be prepared by the City Clerk. -The notice shall contain information about the meeting, including date,time,place, and business to be transacted and shall be posted on the City's website and displayed at the main entrance of the meeting location (RCW 42.30.0809). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting(RCW 35A.12.11010). The noticing regarding such decision to hold a special meeting(made by the Mayor or any three Councilmembers), shall be handled by the City Clerk's Office through the City Manager. c. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.08011, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes,and(c)In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. d. Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. e. Special meeting agendas may include action and non-action items. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the City's website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting notice or agenda, provided `final disposition' regarding such matters is not taken (RCW 42.30.080(3)12) —Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040]. f. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, No. 6, the "presence of a quorum of members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if councilmembers attend a public meeting called by a third party.The gathering of councilmembers would be a `meeting' for purposes of the Act only if the councilmembers take `action' as defined in the Act,such as voting, deliberating,or other official business of the council." g. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a meeting scheduled by the City Engineers to discuss a construction project,or a meeting scheduled through the Finance Department to hear a report from the State Auditors,or a meeting scheduled by the Parks&Recreation Department to discuss parks or other City business. Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the City staff at least two working days prior to the meeting,of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate,or perceive to violate the Open Public Meetings Act. Page 14 of 64 h. RCW 42.30.070 states in part: "It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter." [MRSC Research News—Summer,2016] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss City business.However,comments and discussion as a result of the tour,shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. Emergency Meetings: Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070,42.30.080, and 42.14.075: "If,by reason of fire,flood,earthquake, or other emergency,there is a need for expedited action by a governing body to meet the emergency,the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement of this chapter shall be suspended during such emergency." [RCW 42.30.070] "The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage,when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage." [RCW 42.30.080(4)] "Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency." [RCW 42.14.075] 6. Pre-Agenda Meetings: The City Manager, City Clerk,Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting,which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda,which is a planning document to aid in scheduling items on future Council agendas. (see also Agenda Committee under Chapter 4 internal committees) 7. Cancellation of Meetings: State law does not require any specific procedure for canceling an upcoming meeting,however,notice of the cancellation to the public, Councilmembers, and staff should be given by the Clerk in a similar manner that notice is given for a special meeting. The decision to cancel a meeting will be made by the City Manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance Agenda. -The noticing of such decision will be handled by the City Clerk through the City Manager. Upon cancellation of a formal meeting,either the study session immediately before such meeting or the study session immediately after such meeting, shall include an opportunity for general public comment. Page 15 of 64 C. Meeting Rules and Procedures 1.Public Comments This is an opportunity for public comments on subjects not on the agenda for action. Speakers may sign in to speak, but it is not required. Speakers are limited to three minutes each unless modified by the Presiding Officer; however, members of the public shall be prohibited from allocating any of their own speaking time, to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment,the business of the City must proceed in an orderly,timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion,may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business.The desired total time for public comments shall not exceed 45 minutes; however, that time limit may change at the Mayor's discretion. a. Verbal Comments: i. Comments shall only be made from the podium microphone, first giving name, city of residence and subject.No comments shall be made from any other location,and anyone making"out of order"comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council.Public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. In order to prevent disruption of the Council meeting,members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted, although written comments and written materials including photographs and petitions may be submitted to Council via the City Clerk. ii. Demonstration, applause or other audience participation before,during or at the conclusion of anyone's public comments is prohibited. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room.Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. iii.Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required,scheduled,or held. (See page 27 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See page 37, Chapter 2,F Ballot Measures.) iv. Disruptive public conduct: a. Conduct in any form that interferes with Council's ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes(unless permitted to continue by the presiding officer),the City Clerk will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess,public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes,the remainder of the public comment for the night will be terminated. d.If necessary in the discretion of the Presiding Officer,and in an attempt to reasonably calm a situation or resolve a conflict,the City Attorney or Deputy City Attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. Page 16 of 64 b. Written Comments: Citizens have the option of submitting written views, opinions, comments, data and arguments to Council on any topic and at any time,not just prior to or during public Council meetings.Unless the Mayor asks the Clerk to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk shall be distributed to Council by placing copies at each Councilmember's workstation or City desk; or in the case of e-mailed or other electronic comments, shall be forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. c. Electronic Comments: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 18, C8 Internet Use) 2. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings,and shall keep a copy of the most current"Robert's Rules of Order"(RONR)in Council Chambers during Council meetings. 3. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business.A lesser number may adjourn from time to time,provided that written notice of said adjournment is posted on the exterior Council Chamber doors pursuant to RCW 42.30.09013. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.17014, 35A.12.120'5) 4. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 5. Attendance a. Unexcused Absences: A Councilmember's responsibility to attend Council meetings should not be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to RCW 35A.12.06016 "a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council." As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council.At a third consecutive meeting where a Councilmember is not excused and there has been no request for a leave of absence,the absent Councilmember's office shall be forfeited effective immediately. b.Excused Absences:Members of Council may be excused from meetings with prior notification to the Mayor, City Clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable absencescxcuscs for missing meetings may include death of a family member, family or personal illness,inclement weather,accident,scheduled vacations,family or personal emergency,City related business, or unusual or unforeseen circumstances. Following or prior to roll call,the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. The motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk shall make an appropriate notation in the minutes. c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: Page 17 of 64 i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absence shall be in writing, and hand-delivered or mailed to the Mayor, City Clerk,or City Manager at least one week prior to the date when such leave would commence. iii. The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. iv.By majority vote of the whole Council,a leave of absence shall be granted as follows: (a)The absence shall not exceed 90 days from the date the motion is passed by Council (b)The absent Councilmember shall retain pay and medical benefits during the leave of absence (c)At the end of the 90-day leave of absence,the absent Councilmember shall either: i. Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave;or ii. be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90-day leave. (d.}A leave of absence may only be granted twice during a Councilmember's four-year term,with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro-tem Councilmember during the absence. 6. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices,City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise,delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer.Any Councilmember making disruptive,disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting,any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum,or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the City. If so,the Presiding Officer shall seek the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as set forth in#109 below. 7. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion,ordinance or resolution of the Council and have the reason therefore entered in the minutes. 8. Councilmember Meeting Remot. Participation : • . . a. Remote Council Meetings In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be able to participate. b. Telephone or electronic Participation On occasion,a Councilmember may be unable to physically attend a meeting,but wish to attend via telephone conference call. Provided there is technical availability for the Councilmember to hear the proceedings, be heard by those present, and be able to participate in Council discussion, a Councilmember may request such participation. Requests to participate in a Council meeting via telephone conference call must be made at least Page 18 of 64 one week in advance, and shall be approved by Council by motion. The Councilmember making the request, may also vote on the motion. More than one Councilmember may request participation via telephone for the same meeting,provided those Councilmembers would be able to be reached at the same phone number,as the Council Chamber's current system can only accommodate the use of one telephone number per meeting; and provided that a quorum of Councilmembers would physically attend the meeting. During any meeting that a Councilmember is attending via remote communicaiton, the Mayor or presiding officer shall state for the record at the beginning of such meeting, that a particular Councilmember is attending via remote communication and the reason(s) for such attendance. Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of Councilmembers shall be physically present for the Council meeting in question, and provided technical availability and compatibility of electronic equipment enables the conferencing Councilmember(s)to hear the proceedings,be heard by those present, and participate in Council discussion.More than one Councilmember may request participation via telephone for the same meeting,provided that those Councilmembers would be able to be reached at the same phone number, as the Council Chamber's current system can only accommodate the use of one telephone number per meeting. a. Requests to use telephone/video conference participation shall be approved by the Council by motion. Such participating Councilmember(s) shall be present and counted. So as not to disrupt the Council meeting,adequate notice shall be given to allow appropriate setup in time for the beginning of the meeting. b. Telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi judicial proceedings,and the requesting Councilmember(s)shall declare that(s)he has reviewed the associated material (if any) provided for those hearings and/or proceedings prior to the time the vote will be taken by Council. 9.Internet Use a. Use of the City's network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b. As noted on page 11, Councilmembers shall avoid accessing any electronic message during Council meetings whether by e-mail, text, or other means,. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise,Councilmembers shall avoid browsing the Internet of non City business during Council meetings in order that Council's full attention can be given to the topic at hand. c.Information technology resources are provided for the purpose of conducting official City business.The use of any of the City's information technology resources for campaign or political use is prohibited unless it has been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure Commission,that such use is not a violation of RCW 42.17A.555'7 or is otherwise authorized by law. d. Confidential material shall not be sent via e-mail or text.- e. All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters,memoranda and interactive computer communication shall not be provided to the public or news media without the member of the public or news media filing a public record request with the City Clerk. With this in mind,texting and tweeting concerning City business is strongly discouraged. f.E-mail communications that are intended to be distributed among all Councilmembers,whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an e-mail is to have a discussion that should be held at an open meeting,the electronic discussion should not occur,and Page 19 of 64 Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s)on an upcoming agenda. 10. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting,and the City Council as well as everyone in the room shall immediately leave the meeting room and if necessary,leave the building.The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 12. Approaching the Dais by Members of the Public Once a Council meeting has been called to order,members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections adjacent to the dais. If citizens wish Council to receive materials,those materials should be handed to the City Clerk prior to the meeting or during the public comment section of the agenda,-and the Clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 13. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether to allow the out of order request.Alternatively,the member of the public could also discuss their request with the Mayor prior to the meeting. 14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination — Prior Permission Required No overhead projection,photographs,motion pictures,or videos that require the use of floodlights,or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 15.Placing Items on an Agenda: a.New Item Council Business: During the Advance Agenda portion of a council agenda, At the appropriate time during a Council meeting (such as Council Comments, or Advance Agenda), a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The City Manager is most familiar with staff's workload and shall determine when the item can be prepared and brought forward to Council, unless the Council wants to discuss the item prior to staff's involvement. The following process shall be used to propose an item for a future Council meeting: i.A Councilmember may propose an item and give a brief explanationory background of the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii.By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. Except for routine items such as those found on most Consent Agendas,requests for items to come before Council shall be routed through the City Manager or come directly from the City Manager as part of the normal course of business. 16. Motions and Discussion a. Order of Procedure: Page 20 of 64 i. Member of Council makes a motion by stating: "I move . . ." After the motion is seconded, staff makes their presentation,then the Mayor will ask Council if there are any questions of staff. Once all questions have been addressed, the staff member shall step away from the podium to allow for any public comment. Staff makes their presentation Mayor asks Council if there arc any questions for staff Once all questions have been addressed,the staff member steps away from the podium to allow for the public comment opportunity. ii. The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. iii.The Mayor will open the floor to Council for discussion.The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must not become a speech (RONR§4).All Council remarks should be addressed through the Mayor. iv. When discussion has ended, the Mayor will re-state the motion or ask the Clerk to re-state the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice.The Mayor or the Clerk will then state whether the motion passed or failed. b. In General: i. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent"approval by default"of a failed negative motion. ii. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless by majority vote the Council suspends the requirement. If a motion fails,the agenda item shall be considered concluded.However,said item could be reconsidered if done during the same meeting, or through Council majority vote it could be brought back at a later meeting to "rescind an action," or to "amend something previously adopted." (Mayoral appointments excepted. See Committees for further discussion.) iii. Councilmembers should direct questions to the City Manager or the designated presenter. iv. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means"let's discuss it,"if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion,the motion does not progress.Note that the motion does not"die for a lack of a second"but it merely does not progress. v. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). The person making the motion is entitled to speak first to the motion.A maker of the motion may vote against the motion but cannot speak against their own motion. vi. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and depoitalent(Robert's Rules of Order Newly Revised,Article VII,Section 43,Decorum in Debate), keeping in mind it is not the Councilmember,but the measure that is the subject of debate. vii.When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. Page 21 of 64 1 viii.Motions should be reserved for items marked on the agenda for action,so as to avoid any surprises for Council, staff and the public. Page 22 of 64 Parliamentary Procedure at a Glance Roberts IF YOU YOU SAY INTERRUPT NEED Can be Can be VOTE Rules of WANT TO 2"D Debated Amended Order§ 11 Postpone I move to postpone.. . No Yes Yes No Majority indefmitely(the .(an affirmative vote purpose is to can be reconsidered;a prevent action negative vote cannot.) or kill an issue.) indefmitely 12 Modify wording I move to amend the No Yes Yes Yes** Majority of motion motion by. .. 14 Postpone to a Ex:I move to postpone No Yes Yes Yes Majority certain time the motion to the next Council meeting. 16 Close debate I move the previous No Yes No No Majority* question,or I call for the question*** 17 To Table a I move to lay on the No Yes No No Majority motion table,the motion to 19 Complain about Point of Privilege Yes Yes Yes Yes Chair noise,room decision temperatures etc 20 Take break I move to recess for. . No Yes No Yes Majority 21 Adjourn I move to adjourn No Yes No No Majority meeting 23 Object to Point of Order Yes No No No Chair procedure or decision personal affront 25 Suspend rules I move to suspend the No Yes No No Majority* rules and. .. 34 Take matter I move to take from No Yes No No Majority from table the table the motion to 35 Reconsider I move we reconsider No Yes Yes Yes Majority something action on.. . already disposed of It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote.If the intended purpose is to postpone,then the motion to postpone should be used.If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion,however,withdrawal of a motion should be done with the approval of a majority of Councilmembers present [Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none,the motion is withdrawn. If there is objection,the Mayor will call for a vote.] While a motion is still on the table,no other motion on the same subject is in order.The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table"is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised, 10 Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required.Council direction is to base vote on majority except on matters where 2/3(or majority plus one)is required by state statute. **If the main motion to amend can be amended. ***Call for the Question:if it is felt that debate on a motion on the floor has continued longer than warranted,a member of Council may "call the question." The "call for the question"is a motion to end debate and vote immediately.If this "call for the question" motion is passed by a majority vote,then the vote must be taken on the original debated motion on the floor. Page 23 of 64 17. Voting The votes during all meetings of the Council shall be transacted as follows: a.The Presiding Officer shall first call for a vote from those in favor of the motion,followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute,ordinance,or resolution,all votes shall be taken by voice or a show of hands.At the request of any Councilmember or the City Clerk,a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b.Unless otherwise provided by statute,ordinance,or resolution,in case of a tie vote on a motion,the motion shall be considered lost. c. Every member who was present when the question was called,shall give his/her vote.If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember has recused themself due to actual or perceived appearance of a conflict of interest,which shall be so stated prior to the vote at hand.Abstentions are not permitted as abstentions are equivalent to not voting,and the members of the public expect their elected officials to vote on issues. d. The passage of any ordinance,grant or revocation of franchise or license,and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council(RCW 35A.12.12018). Except as provided in"e"below,all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity,violence of nature,riot,insurrection,or war; and provisions for a lesser emergency, such as a budget amendment(RCW 35A.33.09019),shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19020) 18.Recusal From Discussion and Consideration. a. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision-making on a particular item. These situations can arise in various ways,including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation,please see Appendix C— Spokane Valley Councilmembers' Statement of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self-dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). [Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients.A fiduciary is a person to whom property or power is entrusted for the benefit of another.] b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i. Using"his or her position to secure special privileges or exemptions for himself,herself,or others." ii. Directly or indirectly giving or receiving or agreeing to receive "any compensation, gift, reward, or gratuity from a source except the employing municipality,for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law." iii. Accepting employment or engaging in business or professional activity that "the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position." iv. Disclosing confidential information"gained by reason of the officer's position,nor may the officer otherwise use such information for his or her personal gain or benefit." c. Conflict of interest — contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the City. When a Councilmember is aware that they may benefit from such a contractual relationship,they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of Page 24 of 64 interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. d. Bias for or against a proposed action. There will be situations for each Councilmember where,based upon their current or prior work or personal relationships, that Councilmember may not be able to participate in a discussion and decision on a given issue because they likely can't be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. e. Process and Disclosure: When a Councilmember determines recusal is appropriate, or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the Council chambers. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. f. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of*business for*years,am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. g.The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration,I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior association with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. 19 Ordinances a.Except for unusual circumstances or emergencies,ordinances and resolutions shall customarily be prepared, introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. b.A Councilmember may,in open session,request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration,a committee,or the Council for consideration.The committee or administration shall report its findings to the Council.The City Manager may propose the drafting of ordinances(RCW 35A.1321).Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. c. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, once on the agenda,he or she should so announce,make the initial motion and provide an introduction of the measure. Page 25 of 64 d. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However,if a Councilmember requests that the entire ordinance or certain sections be read,such request shall be granted.Printed copies shall be available upon request to any person attending a Council meeting. e.The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. This would require a successful motion to suspend the rules and pass the ordinance on a first reading. f. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to a first reading. g.Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents,transactions or decisions occurring before such repeal. h. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040221. i.The passage of any ordinance,grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. [RCW 35A.13.17023 j. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity,violence of nature,riot, insurrection,or war; and provisions for a lesser emergency, such as a budget amendment(RCW 35A.33.09024),shall require the affirmative vote of at least a majority plus one of the whole membership of the Council.(RCW 35A.13.19025). k. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item.When that occurs,after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process.Public comment will also not be taken during the ordinance's second reading at a subsequent Council meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council,public comment will not be taken on either the first or the second reading. 20. Resolutions a.A resolution may be approved on the same day it is introduced.While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures, a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested.Printed copies shall be made available upon request to any person attending a Council meeting. b. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public hearing process. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission,which would result in a resolution for Council consideration. Page 26 of 64 21. Community Recognition Program: a. In an effort to acknowledge outstanding citizens,businesses and organizations who have made a significant contribution,or have had or continue to have, a positive impact on the citizens of our community,the Council has implemented a Community Recognition Program. b.Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however,they may submit nominations.There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected,recognition will take place at a City Council meeting and depending upon the nature of the nomination,the honoree will be presented with a proclamation,certificate of appreciation,and/or a key to the City. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the City Clerk, and may be made at any time. e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the Agenda Item of Introduction of Special Guests and Presentations. 22.Proclamations: a. Ceremonial proclamations not associated with the Community Recognition Program. i. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion;and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the City Clerk. ii. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents.Proclamations will not be considered which are potentially controversial,political or religious in nature unless approved by the majority of Councilmembers. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals,or businesses within or outside Spokane Valley's jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i.The person making the request need not be a Spokane Valley resident ii. Requests should be made at least four weeks in advance of the scheduled Council meeting iii.The person asking for the proclamation should agree to be in attendance or have someone attend in their stead iv. The City Clerk will inform the requestor whether the proclamation request is approved v. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council's preference to have proclamations read at formal meetings,which are generally held the 2nd and 4th Tuesdays;however,proclamations may be read at Study Sessions due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting,the same procedure as above shall be followed,but instead of having someone at a Council meeting to officially receive the proclamation, the City Clerk will mail the proclamation to the requestor, or it can be hand-carried by the Councilmember attending the event to read the proclamation. Page 27 of 64 d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately after the Mayor's report,or could take place as the first agenda item on a Study Session. 23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: a. As requested by the City Council,the City Manager in consultation with the Finance Director, shall notify the City Clerk of Council's desire for a proposed ordinance, and ask the City Attorney to prepare a draft ordinance. b. Within 14 days following notice to the City Clerk, the City Clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating i. the date, time and place of Council's public hearing ii. the purpose of the hearing: that a tax increase or new tax has been proposed iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. that any City taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: i. Proceed with a first reading of the proposed draft ordinance (same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 24.Hearings: [note: See Appendix A for quasi-judicial hearings] a. Purpose i.Held to obtain public input on legislative decisions on matters of policy ii.Are required by state law in such matters as comprehensive plan use plans,or annual budget iii. Do not involve legal rights of specific private parties in a contested setting iv.Affect a wide range of citizens or perhaps the entire jurisdiction v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged,are reviewed only to determine if they are constitutional or violate state law b. Process i. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal,the main concern is to provide an opportunity for all attending members of the public to speak if they desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer , and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: a. All public comments shall be made from the speaker's podium, shall be directed to the Mayor and Council,and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last name because an official recorded transcript of the public hearing is being made. Page 28 of 64 b. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. c.Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d.At the discretion of the Presiding Officer,members of the public shall only speak once per issue. e There shall be no demonstrations, applause or other audience participation,before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. f. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the City Clerk at the pleasure of the Mayor. In the interest of time,the Mayor may limit the reading of such comments to the Clerk reading who the letter or written material is from,and if easily discernible,whether that person is for or against the issue at hand.All written comments become an official part of the record. g. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. iii.After staff presentations,the Presiding Officer calls for public comments. iv. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff If any Councilmember has questions,the appropriate individual shall be recalled to the podium. v. The Presiding Officer declares the public hearing closed and notes the time for such closing. 25. Reconsideration a.The purpose of reconsidering a vote is to permit change or correction of an erroneous action,or to take into account added information or a changed situation that has developed since the taking of the vote. Any action of the Council,including final action on applications for legislative changes in land use status,shall be subject to a motion to reconsider except: i. any action previously reconsidered; ii.motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on,or take an item from,the table; iv.previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. b. Such motion for reconsideration: i. shall be reconsidered during the same Council meeting; ii. shall be called up when no business is pending (no action is pending); iii. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action)is pending; iv. shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted,or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one,to try to persuade someone who voted on the prevailing side, to make such a motion. v. a member who makes this motion should state that he or she voted on the prevailing side; vi. needs a second,and can be seconded by any member; Page 29 of 64 vii. is debatable if the type of motion it reconsiders is debatable;and viii. is not amendable and requires a majority vote to adopt. c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for [or against] the resolution." This motion needs a second,which can be seconded by any Councilmember. d. Step 2: If the motion for reconsideration is adopted,the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion,followed by a new vote. e.Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter,may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 26. Council Materials a. Council Material: Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject,whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting,or if distributed during a meeting, Councilmembers should indicate they would like the materials considered for a future meeting, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under"Council Comments." b.Council Packets: Councilmembers shall personally pick up their agenda packets from their City desk,unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise,the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. c. Packet Materials: Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally,by the time an item is ready for a motion,Council has already read,heard,and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as"I move to"or"I move that"or other similar language. 27. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the"Three Touch Principle"whenever possible.These procedural guidelines are designed to avoid"surprises" to the City Council, citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances,resolutions or City Council directives which require a decision of the City Council or administration, should "touch" the decision makers three separate times. This includes verbal or written reports,"information only"agenda items,or any combination thereof.To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." Page 30 of 64 It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 31 of 64 CHAPTER 2 Legislative Process 7 .... , r ..,-,„ __ ..... - Legislation MI lilla l Page 32 of 64 A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor,he/she shall continue to have all the rights,privileges and immunities of a member of the Council.If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.03026) There are no term limits for the office of Mayor or Deputy Mayor. 2.The election for Mayor shall be conducted by the City Clerk.The City Clerk shall call for nominations.Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed.The election for Deputy Mayor shall be conducted by the Mayor,and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present.The City Clerk shall publicly announce the results of the election. Thereafter,the City Clerk shall record the individual Councilmember's vote in the minutes of the meeting. 4. If the first round of votes results in no majority vote of Councilmembers present,the voting process shall be repeated no more than two more times. During subsequent votes,Councilmembers do not have to vote the same as they did in the previous vote.If after three attempts,Council is unable to agree on a Mayor by majority vote of Councilmembers present,the office of Mayor shall be temporarily filled by an Acting Mayor,which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember,then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.1327 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting,at which time the role of Acting Mayor shall cease and terminate. 5.At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present,the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time,there is a two-way tie of Councilmembers receiving the most votes,the tie shall be broken based on the flip of a coin.The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two,at which time the outcome shall be determined by written ballot. B. Filling Council Vacancies 1. General Process: (Note that public comment shall not be taken during this entire process.) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.02028 and Council's adopted procedure in compliance with RCW 35A.13.020,as well as RCW 42.12.070.29 The timeline will vary depending on when the process begins.Pursuant to RCW 35A.13.020,City Council has 90 days from the vacancy to appoint a qualified person to the vacant position.If this timeframe is not met,the City's authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be [RCW 42.04.0203°J a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of Page 33 of 64 candidacy if the candidate had ever been convicted of a felony,they must no longer be under the authority of the Department of Corrections,or currently incarcerated for a felony. Pursuant to RCW 42.12,remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd- numbered year general election takes office,which is the date the election results are certified,normally around the 26th of November. (See also 35A.12.040) Immediately upon the election being certified,that just-elected person will take the oath of office,take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The City Clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the City (see Appendix E for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020,which refers to RCW 35A.12.030: (1)must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2)has been a resident of the city for a period of at least one year next preceding his or her election.Additional qualifications include those stated above under#1 General Process,and that Councilmembers shall not hold any other office or employment within the Spokane Valley City government [RCW 35A.12.030].In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city, and the city. (See Appendix E Definitions for description of immediate family.)If possible,the vacancy announcement shall be published for three consecutive weeks. b. The City Clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to Council Chambers and the Special Meeting shall be adjourned. d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant to RCW 42.30.110(1)(h),Council shall meet in open session and part of this agenda shall include selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting or as soon as practicable,the Clerk shall send a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW 42.30.110(1)(h),the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5:00 p.m.meeting with an executive session.Pursuant to RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session(closed session)to discuss applicants.After the discussion, the Special Meeting shall be adjourned as usual. g. Hold a regular 6:00 p.m. meeting, same evening as "f' above special meeting. Pursuant to RCW 42.30.110(1)(h),Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy.Upon selection of the new Councilmember,that person shall be sworn in by the City Clerk, and take their seat at the dais. 2.Nomination Options for Conducting Interviews: a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may i.nominate an applicant to be interviewed ii.the nomination must be seconded iii. Councilmembers may make more than one nomination,but only one at a time iv.the Mayor shall ask if there are further nominations v. if no further nominations,the Mayor shall close the nominations vi.votes shall be taken on each applicant in the order of nomination vii.votes shall be by raised hand Page 34 of 64 viii. applicants receiving a majority of votes of those Councilmembers present, shall be interviewed ix. once all voting has taken place, the City Clerk shall summarize which applicants shall be interviewed based on the voting outcome.As soon as possible after the Council meeting,the City Clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview,and send each person to be interviewed,the list of possible interview questions; or x. Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants b. The length of the interview shall be determined based upon the number of applicants and interviews shall be done in last-name alphabetical order. The City Clerk shall notify all applicants of the date, time and procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the Council Chambers and away from viewing or hearing the meeting's proceedings. c.If during open session,Council has nominated only one person to interview,or in the case of more than one vacancy,one person per vacancy,Council may forego the interview process and move to make the appropriate appointment. 3.Interview Questions/Process: During the interview, each Councilmember may ask each candidate a maximum of three questions, which includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name. 4.Nomination and Voting Process to Select Applicant: a. Nomination Process: Councilmembers may nominate an applicant to fill the vacancy.A second is required. If no second is received,that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination;in which case the Councilmember make another nomination. Once the nominations are given,the Mayor shall close the nominations and Council shall proceed to vote. b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.By adoption of this policy,Council has chosen the following process for making such appointment: i.Except when there is only one nominee,a vote for an applicant shall be by written ballot.Each ballot shall contain the name of the Councilmember who cast it. ii.The vacancy may only be filled when a majority of the remaining City Council(whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. iii. Round One Vote: The City Clerk shall publicly announce the results of the election.The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council,then the three applicants receiving the most affirmative votes would be considered in a second round. iv. Round Two Vote: Round Two proceeds the same as Round One.If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. v. Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round, the vote of the two applicants results in a tie,then the City Manager,with concurrence of Council shall flip a coin to determine who shall fill the vacancy,with the applicant whose last name is closest to the letter A being assigned "heads" and the other person assigned"tails."In the rare circumstance where Page 35 of 64 both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." In the equally rare circumstance where both applicants have the same last name, the applicant whose first name is closest to the letter A shall be assigned"heads" and the other person assigned"tails." 5. Seating of New City Councilmember: Once an applicant either has received a majority of votes or wins the coin flip,if the appointed applicant is at the meeting,the City Clerk shall administer the oath of office,and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. Legislative Agenda Councilmembers work each year (or sometimes every two years) to draft a "legislative agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level,which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington,D.C. D. Council Travel Allocation Council is allocated a budget to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office.These monies may be used to defray expenses for transportation,lodging,meals and incidental expenses incurred in the conduct of City business.Periodic updated statements of expenditures shall be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for payment of any travel and related expenses unlessref they have requested and received written affirmationmay request a voluntary allocation from another Councilmember of their voluntary allocation who has a balance in to grant the travel related expenses from that granting Councilmember's theif travel apportionment. Such granting of travel allocations shall be documented with the appropriate completed form (see Appendix F). During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures outside a 50 mile radius, requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards,commissions or task forces. E. COUNCIL EXPENSE REIMBURSEMENT POLICY Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official City business when such expenditures arc within the allotted budget. The City shall not reimburse Councilmembcrs for meals or beverages with constituents when there is not at least a quorum present as that considered official City business. The City shall not reimburse an expense if that expense is reimbursable by another agency. 1.Travel Approval and Expense. a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official City business when such expenditures are within the allotted budget. The City shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that would not be considered official City business.The City shall not reimburse an expense if that expense is reimbursable by another agency. Each Councilmember shall be permitted to travel within the constraints of each Councilmember's allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F for Request Form.) b.Allowable Travel Expense.Allowed travel expenses include transportation,lodging,meals,and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. i. Meals and lodging are reimbursed at a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. Page 36 of 64 ii. Tips are allowable expenditures when they approximate 15% or less, unless the restaurant or personal service provider sets a mandatory group rate at a higher percentage, or the tip is already included in the expenditure.Please carefully examine your bill and be aware of statements such as"A service charge of %/$will be added to your bill."-Reimbursement for tips is limited to food service, valet services,and taxi/ride share transportation. iii. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case-by-case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. iv. Mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google maps,or other internet apps or mileage distance calculators. c.Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: i. Liquor ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii. Personal entertainment/movies iv. Theft,loss,or damage to personal property v. Barber or beauty parlor vi. Airline or other trip insurance (see c above) vii. Personal postage viii. Reading material except for that associated with official City business ix. Personal telephone calls x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii. Prohibited expenses charged to the City in error shall be immediately reimbursed. d. Conferences/Meetings/Seminars. i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere is not reimbursable unless its purpose is to allow the conduct of City business. ii. For meetings or seminars hosted by an organization for which the City pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). iii. When an extra day's stay would reduce airfare beyond the extra day's hotel and meals, a Councilmember may stay an extra day. 2.Payment of Expenses. a.Use of City Credit Cards. Use of City credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. c. Direct Billing. Direct billing to the City for expenses such as meals and lodging is prohibited. d.Expense Reimbursement Report. Expense Reimbursement Forms shall be completed no less than monthly. Councilmembers shall complete the Expense Reimbursement Form and submit it to Finance,documenting the amount due the Councilmember,or City as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed Expense Reimbursement Form shall be submitted to Finance within 45 days after completing travel of month end. Expense Reimbursement Forms submitted more than 45 days after completing travel shall not be honored. 3.Use of Personal Vehicle. Page 37 of 64 a. Reimbursement. Expenses for the use of personally-owned vehicles in the course of City business are reimbursed at the then-current U.S. Government (IRS) rate. Councilmembers who use their personal car for City business shall carry, at a minimum,the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. b. Passengers. Should more than one Councilmember travel in the same personal vehicle on City business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings,hotel,and airfare,or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision, expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and the Finance Committee shall be informed,and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. F. Ballot Measures: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly,for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery,postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space,publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1)Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2)A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3)Activities which are part of the normal and regular conduct of the office or agency. " [emphasis added] 2. City's Implementation of RCW 42.17A.555 In the City's implementation of RCW 42.17A.555,the City Council shall not,during any part of any Council meeting, consider requests from outside agencies or individuals for Council to support or oppose ballot measures; nor shall Council permit any public comment on any proposed or pending ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues;nor shall Councilmembers disseminate ballot-related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office. Because even the use of e-mail for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail Page 38 of 64 through the United States Postal Office. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment. Council has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the City's facilities including the use of the Council chambers and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore,general public comment on ballot issues,or proposed ballot issues shall not be permitted. Page 39 of 64 CHAPTER 3 Council Contacts ' , f ! 110, t INI IV DI Q. 6, u . IQ .... ...... !I:: Er Page 40 of 64 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers,copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Su22estions to Council When citizen concerns,complaints or suggestions are brought to any,some,or all Councilmembers,the Mayor shall, when deemed appropriate and/or necessary, consultation with the City Manager to, first determine whether the issue is legislative or administrative in nature and then: i. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee, administration, or to the Council for study and recommendation. ii. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review,if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers,the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint.However,the City Manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes,ordinances,regulations,policies or practices. b. Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case,refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public.As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a"meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from "friending" other Councilmembers. 5.Donations On occasion,Councilmembers could be contacted by citizens or businesses regarding donations. (See Spokane I Valley Municipal Code 3.34. for policy on donations. Page 41 of 64 B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments.The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the management decisions of the City Manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient;prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City;and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.08031) b. It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the City Manager must also protect the productive capability of depaitnient heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk-Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager.In the absence of the City Clerk and the Deputy City Clerk,the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical,regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes formal format and study session format)shall be video-recorded. Special meetings shall not normally be video-recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. Whenever possible, video recordings of Council meetings shall be posted on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives, tasks, or orders to any subordinate of the City Manager,either publicly or privately;provided,however,that nothing herein shall be construed to prohibit the Council,while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.12032.) 5. Informal Communications Encouraged RCW 35A.13.120 should not be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, Page 42 of 64 obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff While maintaining open lines of communication,City staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 43 of 64 CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS Page 44 of 64 A. Regional Committees, Commissions and Boards 1. Committees a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board,or commission required by state law,shall be appointed by the Mayor with confirmation by the Council. b.Appointment Process: Any committee,board,commission,task force,etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place.By majority vote,Council can reject the appointment.If Council fails to confirm the recommended appointment,the Mayor could either make another recommendation,or the appointment may be postponed to a later date,giving City staff opportunity to further advertise for committee openings. c. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task force,etc.,requiring Mayoral appointment,may be removed by the Mayor,with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. d. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc.,requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. Reasons for removal include conflict of interest,unexcused multiple absences,or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. e. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate,but not sooner than two weeks,with notation of such on the advance agenda. f. These committee, commission board appointments as well as removals, shall be placed as action items on Council meeting agendas, and when possible and practical,will be noted on the Advance Agenda at least two weeks prior to such action. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies a.The purpose of these appointments is to provide Council with insight into areas of interest or concern within each board.As liaisons and representatives of the City,it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the City; and as such during those meetings,Councilmembers may not act as a representative of any other business,group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Councilmembers, copies of minutes from any statutory boards,commissions,or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council,the Presiding Officer may place the matter on an agenda under New Business,Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting, or take other appropriate action. B. In-House Committees,Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Such appointments are generally made at the first or second meeting in January.Following are established in- house committees: Page 45 of 64 a. Planning Commission--7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection,public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning,land use,transportation,capital infrastructure and building and landscape design as evidenced by training,experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City limits.Terms shall be for a three-year period,and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the Mayor, with the concurrence of the City Council,for neglect of duty,conflict of interest,malfeasance in office,or other just cause,or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office.The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW,Code of Ethics for Municipal Officers; Chapter 42.36 RCW,Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City.No elected official or City employee may be a member of the planning commission." b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax,and at least two members shall be persons involved in activities authorized to be funded by this chapter.The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter.The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council.Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership.Appointments shall be for one- and two- year terms." c. Finance Committee-- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as-needed basis as determined by the City Manager. Matters that should be addressed by the Finance Committee,include,but are not limited to: i. authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C),in circumstances where such a change order is necessary to avoid a Page 46 of 64 substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. ii. during the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee,except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards,commissions or task forces. iii. a Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars,regional meetings,hotel,and airfare,or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision,expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and the Finance Committee shall be informed, and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. d. Governance Manual Committee—5 -6 members This committee usually consists of two or three Councilmembers,the City Manager,the City Attorney, and the City Clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises.After discussion as a committee,the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via Resolution. e.Agenda Committee—Mayor,Deputy Mayor, City Manager, City Clerk At the Mayor's option, and either by a schedule determined by the Mayor or by personal individual invitation,the Mayor may invite a third Councilmember to attend this weekly meeting.The attendance by a third Councilmember is at the third Councilmember's discretion.Other staff may be invited at the discretion of the City Manager.As noted in Chapter 1(B)(4),this committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda,which is a planning document to aid in scheduling items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, City Manager, and City Clerk, no committee appointments are necessary. 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of"sunsetting"the committee at the conclusion of the assigned task.As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the City's website, and in the City's official newspaper. C. Private Committees, Commissions, and Boards The Council recognizes there are various other private boards and committees,such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards.As well,Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. Page 47 of 64 APPENDIX A Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties,and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings.Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances,and conditional uses.(MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a.Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning,pursuant to RCW 42.36.04033, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b.Ex parte communications should be avoided whenever possible.During the pendency of any quasi-judicial proceeding,no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbal or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 3. Actions/Procedures for a Quasi-Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. Page 48 of 64 APPENDIX B: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT WHEREAS,the City Council of the City of Spokane Valley, as the elective legislative body,is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS,the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley's governance should be known as"user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive,effective and courteous manner. Page 49 of 64 Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes.We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d)Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council,the staff,or the public. (e) Accepting the principle of majority rule and working to advance the success of"corporate" decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a)Promoting mutual respect between the Citizens,City staff and the City Council by creating the organizational teamwork necessary for effective,responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c)Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11th day of December,2007. ATTEST: /s/DIANA WILHITE Diana Wilhite,Mayor /s/CHRISTINE BAINBRIDGE Christine Bainbridge, City Clerk Approved as to form: /S/MICHAEL F. CONNELLY Office of the City Attorney Page 50 of 64 APPENDIX C: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual,the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: DECLARATION OF PURPOSE: • Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, honest, and unbiased manner. • Establish procedures for prevention and/or elimination of possible conflicts of interest. • Improve and strengthen the public's perception and trust in their local government. DEFINITIONS: Compensation: Anything of economic value regardless of amount,however designated,which is paid,loaned, advanced, granted,transferred, or gifted, or to be paid,loaned, advanced, granted,transferred or gifted for or in consideration of personal services to any person or that person's immediate family as that term is defined in RCW 42.17A.00534 Contract: Includes any contract or agreement, sale, lease,purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise,or other business entity which is a party to a contract with a municipality. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based upon their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Exceptions to this prohibition are if a meal is provided to a Councilmember while that person is participating in a meeting or event held by an entity to which a Councilmember is assigned for representation by the City; or when actively participating on a panel giving a presentation to others,in other words as a working lunch;or unless the meal is paid for by the City. Campaign donations made and reported in conformance with Washington law are exempt from this provision. [RCW 42.23.07035] (b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no Councilmember shall accept,directly or indirectly, any compensation,gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c)Incompatible Service,Confidential Information:No Councilmember shall engage in or accept private employment or render services for any person,or engage in any business or professional activity when such is incompatible with the faithful discharge of his/her official duties as a Councilmember.No Councilmember shall disclose confidential information acquired by reason of such official position,nor shall such information be used for the Councilmember's personal gain or benefit. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council,shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. Page 51 of 64 Appendix D: Frequently Used Acronyms AACE-American Association of Code Enforcement ADA-Americans with Disabilities Act ADT-Average Daily Traffic ATF -Bureau of Alcohol,Tobacco&Firearms AWC -Association of Washington Cities BOCC -Board of County Commissioners CAFR- Comprehensive Annual Financial Report CDBG-Community Development Block Grant CIP -Capital Improvement Plan CM-City Manager CM/AQ-Congestion Mitigation&Air Quality Program COVID-19 — CO=corona, VI=virus, & D=disease; 2019 novel coronavirus; infectious disease caused by severe acute respiratory syndrom coronavirus 2;WHO declared it a global pandemic March 2020 CTED-Community,Trade,& Economic Development(now Department of Commerce) CTR-Commute Trip Reduction (legislation) CUP -Conditional Use Permit DEIS-Draft Environmental Impact Statement DEM-Department of Emergency Management DNR-Department of Natural Resources DNS-Declaration of Non-Significance DOC—Department of Commerce DOE-Department of Ecology; Department of Energy DOT-Department of Transportation(also WSDOT) E911 -Enhanced 911 EA-Environment Assessment EDC -Economic Development Council EEO/AA-Equal Employment Opportunity/Affirmative Action EEOC-Equal Employment Opportunity Commission EIS-Environmental Impact Statement EOE-Equal Opportunity Employer EPA-Environmental Protection Agency ERU -Equivalent Residential Unit(for measuring water-sewer capacity and demand) ESU-Equivalent Service Unit(for measuring stormwater utility fees) Page 52 of 64 F &WS -Federal Fish&Wildlife Service FAA-Federal Aviation Administration FCC -Federal Communications Commission FEIS-Final Environmental Impact Statement FEMA-Federal Emergency Management Agency FICA-Federal Insurance Contribution Act FIRM-Flood Insurance Rate Maps FLSA-Fair Labor Standards Act FMLA-Family Medical Leave Act FMSIB—Freight Mobility Strategic Investment Board FY-Fiscal Year GAAP - Generally Accepted Accounting Principles GASB - Governmental Accounting Standards Board GIS -Geographic Information System GMA-Growth Management Act GPM-Gallons Per Minute HOV-High-Occupancy Vehicle HR-Human Resources HUD-Housing&Urban Development(Department of) ICMA-International City/County Management Association L&I-Labor&Industries (Department of) LID-Local Improvement District MGD-Million Gallons per Day MOA-Memorandum of Agreement MOU-Memorandum of Understanding MPO-Metropolitan Planning Organization MRSC -Municipal Research Services Center NEPA-National Environment Policy Act NIMBY-Not In My Backyard NPDES-National Pollutant Discharge Elimination System PE-Preliminary Engineering; Professional Engineer PERC-Public Employment Relations Commission PMS-Pavement Management System PPE-Personal Protective Equipment PPM-Parts Per Million; Policy&Procedure Manual PUD-Public Utility District Page 53 of 64 PW-Public Works QA-Quality Assurance RCW-Revised Code of Washington REET -Real Estate Excise Tax RONR-Robert's Rules of Order Newly Revised ROW-Right of Way SAO- State Auditor's Office SBA- Small Business Administration SEPA- State Environmental Policy Act SMA- Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB -Transportation Improvement Board TIP -Transportation Improvement Program TMDL-Total Maximum Daily Load UBC-Uniform Building Code UFC -Uniform Fire Code UGA-Urban Growth Area WAC -Washington Administrative Code WACO-Washington Association of County Officials WCIA-Washington Cities Insurance Authority WCMA-Washington City/County Management Association WHO—World Health Organization WSDOT-Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities&Transportation Commission WWTP -Wastewater Treatment Plant Page 54 of 64 APPENDIX E oo Spokane Valley CITY OF SPOKANE VALLEY 10210 E. Sprague Avenue Spokane Valley,WA 99206 (509)720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council position until that vacated position can be filled as a result of the next general municipal election(held odd years) [RCW 42.12.070] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk's office, 10210 E. Sprague Avenue, no later than p.m. on (late arriving applications will not be considered).Applications may be hand- delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, Current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget,pavement preservation, transportation, infrastructure,public safety,economic development,planning and development,open space,familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name (please print): Complete Residence Address: Complete Mailing Address: (if different from above address): Length of time lived at current address: U.S. Citizen? [ ]yes [ ]no WA State Registered Voter? [ ]yes [ ]no If you have lived at your current address less than one year,please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address Which is your preferred way for us to contact you: [Note:Ifyou have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone [ ]work phone [ ] Cell Phone [ ] other message phone [ ] e-mail address: (please print plainly): [ ] regular mail to residence or mailing address shown above Page 55 of 64 EMPLOYMENT: Start with most recent 1. [ ]present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 2. [ ]present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 3. [ ]present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: EDUCATION: Name of High School Address: Diploma or GED: [ ]yes [ ] no Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Other Certifications/Licenses: VOLUNTEER EXPERIENCE: name of social, fraternal,organizations,etc. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS,INCLUDING GOVERNMENT BOARDS, COMMITTEES,OR COMMISSIONS 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous 1.Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ] Page 56 of 64 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes [ ] No [ ] 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes [ ] No [ ] 4. If you answered"YES"to#3 above,please explain: 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes [ ] No [ ] If yes,please explain: 6. Is any member of your immediate family currently employed, either full time or part time,by the City of Spokane Valley,or currently perform any volunteer work for the City of Spokane Valley? Yes [ ] No [ ] If yes,please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes [ ] No [ ] If yes,please explain: 8. Why are you interested in serving in this position? 9. What do you feel is the primary responsibility of a Councilperson? 10.Have you ever attended a live meeting of the Spokane Valley City Council? Yes [ ] No [ ] If yes, give an estimate of how many meetings you have attended in the past twelve months: 11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees(such as STA,Visit Spokane, Health Board,etc.)as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours.Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council. Yes [ ] No [ ] Page 57 of 64 12. References: Please list name,address and phone number: 1. 2. 3. Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury,that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. Signature Date Signed Page 58 of 64 APPENDIX F e40'\NNW& lan OF e CITY COUNCIL Valley 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000•Fax:(509)720-5075 •www.spokanevalley.org Request to Transfer Travel/ Registration Budgets Transfer from Transfer to Councilmember's name Councilmember's name Account number Amount Account number Amount Signature Date Signature Date Page 59 of 64 Appendix G: Definitions Action: All transactions of a governing body's individual's spouse or domestic partner and the business, including receipt of public testimony, spouse or the domestic partner of any such person deliberations,discussions,considerations,reviews, (RCW 42.17A.005(24)). and evaluations, as well as "final" action. [RCW 42.30.010,42.30.020(3)]. Motion: An enacted motion is a form of action taken by the Council to direct that a specific action Codified:The process of forming a legal code(i.e., be taken on behalf of the municipality. Once a municipal code or book of laws)by collecting and approved and entered into the record, is the including the laws of a jurisdiction or municipality. equivalent of a resolution in those instances where a resolution is not required by law, and where such Consensus: A collective judgment or belief; motion is not in conflict with existing state or solidarity of opinion: "The consensus of the group federal statutes, City ordinances or resolutions. was that they should meet twice a month. General agreement or harmony. [Random House Webster's Ordinance: An enacted ordinance is a law passed College Dictionary, April 2001] [Wikipedia: [enacted] by a municipal organization legislatively explains it as a group decision making process, or prescribing specific rules of organization or Does anyone object?] It is not unanimity,but more conduct relating to the corporate affairs of the a process for deciding what is best overall. municipality and those citizens and businesses Members of the group reach a decision to which therein. Council action shall be taken by ordinance they consent because they know it is the best one when required by law,or where prescribed conduct overall. It differs from voting which is a procedure may be enforced by penalty. Special ordinances for tallying preferences. It does not require each such as adopting the budget, vacating a street, member of the group to justify their feelings. amending the Comprehensive Plan and/or Map, [Taken from: Consensus Is Not Unanimity:Making and placing a matter on an election ballot, Decisions Cooperatively, by Randy Schutt. '7 including general obligation bonds, are not Similar to a type of verbal"show of hands"on who codified into the City's municipal code. feels particularly strong on this?" Sometimes thought of as preliminary approval without taking Resolution: An enacted resolution is an final "action." A show of hands is not an action administrative act which is a formal statement of that has any legal effect. ["Voting and Taking policy concerning matters of special or temporary Action in Closed Sessions"by Frayda Bulestein.] character. Council action shall be taken by resolution when required by law and in those Ex-parte: from a one-sided or partisan point of instances where an expression of policy more view; on the application of one party alone.An ex- formal than a motion is desired. parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also Regular Meeting: Any Council meeting that describe contact with a person represented by an meets in the Spokane Valley City Council attorney,outside the presence of the attorney. Chambers on Tuesday at 6:00 p.m.shall be deemed a"regular meeting." Immediate Family: includes a spouse or domestic partner, dependent children, and other dependent Social Media: A term used to define the various relatives, if living in the household. For the activities that integrate technology, social purposes of the definition of"intermediary" in this interaction and content creation. Through social section, "immediate family" means an individual's media, individuals or collaborations of individuals spouse or domestic partner, child, stepchild, create on-line web content, organize content, edit grandchild, parent, stepparent, grandparent, or comment on content,combine content,and share brother, half brother, sister, or half-sister of the content. Includes many technologies and forms individual and the spouse or the domestic partner including syndicated web feeds, weblogs (blogs), of any such person and a child, stepchild, wiki, photo-sharing, video-sharing, podcasts, and grandchild, parent, stepparent, grandparent, social networking.(From MRSC,and Social Media brother, half-brother, sister, or half-sister of the and Web 2.0 in Government,WebContent.gov) Page 60 of 64 INDEX Finance Committee•47 Finance Department•36 A fiscal restraint•28 flip of a coin•33 Absences•18 Acceptance of Gifts:•52 ad hoc committees•47 Advance Agenda• 16,21 affirmative motion •22 hearings•28 amended agenda•10,13,15 holiday•9 applause•17,29 applications•29,34,35 attendance•42 8 impractical•15,16,31 informal contacts•43 Internet• 18,20 ballot•17,33,35,38,39,61 bias 24,25 budget amendment•24,26 L C leave of absence•18,19 Cancellation of Meetings: •16 M candidate•14,35 City Manager•3,6,9,10,12,15,16,18,19,20,21,22,24, majority of the whole•24,26 25,26,28,30,33,36,41,42,47,50,51,53 Majority Plus One•24,26 coin flip•36 majority vote•6,9,12,19,22,23,26,29,33,45,46 Community Recognition Program•27 maker of the motion•21,22,23 complaint•41 misleading•12 Confidential material•20 Conflict of interest•24 Core Beliefs•3,4 N p nomination•33,34,35 notice•9,15,18,20,30,38,51,66 dais•12,20,30,35 deadline•34 0 Demonstration•17 Open Public Meetings Act•5,9,12,13,20,41,56,66 E out of order•17,21,23,28 Outside Requests•12 election •33,34,36,38,61 electronic message•18,20 P e-mail•18,20,39 emergency• 10,13,15,20,24,26,30,66 Emergency•2,16,20,53,54,66 parliamentarian 18 ethical 52 podium•10,17,20,28,29 executive session•13,14,15,34,35,47 Pre-Agenda 2,16 executive sessions•14,15,31 presentations 9,12,17,29 prevailing side•29,30 Public Comment•39 F public comments•10,17,18,21,28,29 Public Records Act:•5 Filling a Council Vacancy•34 Page 61 of 64 Table 2,23 tax•28,46 telephone•19,20,41 qualifications•14,34 three minutes•17,21,28 quasi-judicial •17,20,30,49,50 Three Touch•25,30,31 quorum•5,6,18,19,24,66 Three-Touch•10,13 tie 24,33,36 travel•36 R rearrange•9,13 (J recommended appointment•45 reconsideration•29,30 unexcused absence•18,46 recuse•24,25 Unexpected Motions•12 Removal•45,46 unusual circumstances•25,31 Request for Council Action•30 S V vacancy•33,34,35,36,47 seats•18 video•19,20,42,61 social media•41,61 vote to extend the meeting•12,13 speak twice 22 special meeting•13,15,16,26,34,35 surprise•12 w surprises•12,22,30 waived•9,24,26 T withdraw the motion•23 written comments•17,18,29 table•23,29 Page 62 of 64 Endnotes: 1 RCW 42.30.110—Open Public Meeting Act,Executive Sessions 2 RCW 42.30.140- Open Public Meeting Act, 3 RCW 35A.13.035-Optional Municipal Code(35A)—Council-manager plan of government 4 RCW 42.52—Ethics in Public Service 5 RCW 42.56—Public Records Act 6 RCW 35A.12.160 Optional Municipal Code(35A)—Council manager plan of government;public notice of hearings and meeting agendas RCW 35A.13.170—Optional Municipal Code (35A)—Council manager plan of government; council meetings — quorum,rules-voting RCW 35A.12.110—Council meetings shall meet regularly,at least once a month. 9 RCW 42.30.080—Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 1°RCW 35A.12.110—Council meetings shall meet regularly,at least once a month. 11 RCW 42.30.080-Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 12 RCW 42.30.080(3)—Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 13 RCW 42.30.090—Open Public Meetings Act,Adjournments 14 RCW 35A.13.170-Optional Municipal Code(35A)—Council mgr plan of gov't;meetings:quorum,rules,voting 15 35A.12.120—Council meetings,shall meet regularly,at least once a month 16 RCW 35A.12.060—A council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. 17 RCW 42.17A.555—Use of public office or agency facilities in campaigns—Prohibition—Exceptions 18 RCW 35A.12.120—Council—Quorum—Rules—Voting 19 RCW 35A.33.090—Emergency Expenditures—Other emergencies—Hearing. 20 RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money. 21 RCW 35A.13 -Council-manager plan of government. 22 RCW 35A.47.040—Franchises and permits—"no ordinance or resolution granting any franchise in a code city . . shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter,nor at any other than a regular meeting . . .nor without having been granted by the approving vote of at least a majority of the entire legislative body. 23 RCW 35A.13.170—passage of a franchise ordinance 24 RCW 35A.33.090—Emergency Expenditures—Other emergencies—Hearing. Page 63 of 64 zs RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money. 26 RCW 35A.13.030-Mayor—election—chair to be mayor—duties:Biennially at the first meeting of the new council members shall choose a chair from among their number;chair's title shall be mayor and preside at meetings. 2'RCW 35A.13—Council-manager plan of government. 28 RCW 35A.13.020—Mayor—election,chair to be mayor,duties 29 RCW 42.12.070—Filling nonpartisan vacancies 3o RCW 42.04.020—Eligibility to hold office. That no person shall be competent to qualify for or hold any elective public office within the state of Washington. ..municipal corporation or other district,...unless he or she be a citizen of the United States and state of Washington and an elector of such county, district, precinct, school district, municipality or other district or political subdivision. 31 RCW 35A.13.080—City manager powers and duties 32 RCW 35A.13.120—city manager—Interference by councilmembers 33 RCW 42.36.040—Public discussion by candidate for public office 34 RCW 42.17A.005—`compensation'includes payment in any form for real or personal property or services of any kind 35 RCW 42.23.070— `prohibited acts' —no municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law. Page 64 of 64 CITY OF So Kane Valley ® Governance Manual Adopted by Resolution 20- A Comprehensive Collection of Rules and Procedures Adopted Resolution 03-028 adopted 05-13-2003,replaced by Resolution 04-013 adopted 05-25-2004,replaced by Resolution 05-021 adopted 09-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020 adopted 12-11-2007,replaced by Resolution 09-012 adopted 09-08-2009,replaced by Resolution 10-020 adopted 12-28-2010,replaced by Resolution 12-002 adopted 04-10-2012,replaced by Resolution 13-005 adopted 04-23-2013,replaced by Resolution 14-003 adopted 02-25-2014,replaced by Resolution 15-007 adopted 08-11-2015,replaced by Resolution 16-012 adopted 11-01-2016,replaced by Resolution 18-008 adopted 11-13-2018,replaced by Resolution 18-011 adopted 12-18-2018,replaced by Resolution 20- adopted Page 1 of 62 TABLE OF CONTENTS Introduction 4 Executive Summary 5 CHAPTER 1: Council Meetings 8 A. General 9 1. Time and Location 9 2. Open to the Public 9 3. Presiding Officer 9 B. Meetings 10 1. Regular Meetings 10 a.Formal Format 10 b. Study Session Format 12 c.Executive Sessions 14 2. Special Meeting 15 3. Emergency Meetings 16 4.Pre-Agenda Meeting 16 5. Cancellation of Meetings 16 C. Meeting Rules and Procedures 17 1. Council Rules of Order 17 2. Quorum . 17 3. Seating Arrangement 17 4.Attendance 17 5. Respect and Decorum 18 6. Dissents and Protests 18 7. Councilmember Meeting Remote Participation 18 8. Internet Use,Texting 18 9.Adjournment Due to Emergency or Disruption 19 10. Permission Required to Address the Council . 19 11.Approaching the Dais 19 12. Out of Order(sequence)Requests .. 19 13. Photographs,etc. Requiring Artificial Illumination Prior Permission Required 19 14. Placing Items on an Agenda . 20 15.Motions and Discussion 20 Table of Parliamentary Procedure at a Glance 22 16.Voting 23 17. Recusal from Discussion and Consideration 23 18. Ordinances 24 19. Resolutions 25 20. Community Recognition Program 26 21.Proclamations 26 22. Taxes: Increasing or imposing new taxes 27 23.Hearings 27 24. Reconsideration 28 25. Council Materials/packets . 29 26. Three Touch Principle 29 CHAPTER 2: Legislative Processes and Procedures 31 A. Election of Council Officers 32 B. Filling Council Vacancies 33 C. Legislative Agendas 35 D. Council Travel Allocation 35 E. Council Expense Reimbursement Policy 35 Page 2 of 62 F. Ballot Measures 37 CHAPTER 3: Council Contacts 39 A. Citizen Contacts and Interactions 40 1.Mayor/Council Correspondence 40 2. Citizen Concerns,Complaints and Suggestions to Council 40 3.Administrative Complaints to Individual Councilmembers 40 4. Social Media 40 5. Donations 40 B. Staff Contacts and Interactions 41 1. Role of the City Manager 41 2. City staff Attendance at Meetings . 41 3. City Clerk—Minutes 41 4.Administrative Interference by Councilmembers 41 5. Informal Communications Encouraged 41 CHAPTER 4: Committees,Boards, Commissions 43 A. Regional . 44 1. Committees . 44 2. Council Relations with Boards,Commissions,Advisory Bodies 44 B. In-house 45 1. Standing Committees ....45 a. Planning Commission . 45 b. Lodging Tax Advisory Committee ...45 c.Finance Committee 46 d. Governance Manual Committee 46 e.Agenda Committee 46 C. Private Committees,Boards, Commissions 47 Appendices: A.Public Hearings,Quasi-Judicial 48 B. Resolution 07-019 Core Beliefs 49 C. Statement of Ethics 51 D.Frequently Used Acronyms 52 E.Application for City Council Member 55 F.Request to Transfer Travel Allocation from One Councilmember to Another 59 G. Definitions 60 Index 61 Endnotes 63 Page 3 of 62 INTRODUCTION In December 2002, prior to our City's official incorporation, then Mayor DeVleming appointed three members of Council to serve on an ad-hoc Governance Coordination Committee for the purpose of drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The end-product legislation of that Committee's four-month process was approved by Council at the May 13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General Policy Resolution of Core Beliefs, which was amended by Resolution 07-019, which can be found in full in Appendix B on page 49. This Manual has undergone several changes since its inception, with some sections remaining static over the years, such as Council meeting time and location, and other sections having been modified to include Internet use, filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. This Manual is usually reviewed annually and at times amended to recognize additional topics or for clarification as the need arises. This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, City ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. Page 4 of 62 EXECUTIVE SUMMARY FOUNDATION: The City of Spokane Valley incorporated March 31, 2003, and is a non-charter code city operating under a Council-Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council-Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT: The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision-making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed to not infringe upon those rights whenever possible.Good governance should reflect the will of the citizenry and can only occur as a result of an open public process: "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights."(Washington State Constitution Article I, Section 1) OBLIGATIONS: The City acknowledges the importance of complying with the Open Public Meetings Act and the Public Records Act: "The people of this state do not yield their sovereignty to the agencies which serve them. The people,in delegating authority,do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." RCW 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act:"The legislature finds and declares that all public commissions, boards,councils,committees,subcommittees,departments,divisions,offices,and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly." Unless as part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall not meet as part of a web conference dealing with City business, nor a conference call, serial communication, social media or even a"straw poll" in executive session. The Open Public Meetings Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided City issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional,the City may still be liable for attorney's fees.However,elected officials' right to speak freely and gather publicly is protected by the First Amendment of the U.S. Constitution. RCW 42.56.030 Public Records Act:"This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern." PRIORITIES: The City's priorities are public safety, pavement preservation, transportation and infrastructure,and economic development.Additional information on priorities and Council goals can be found in each year's budget, as well as the City's annual Business Plan. BASIC TENETS: Council's core values and basic tenets of governing can be found in Resolution 07-019, which is included in its entirety in Appendix B on page 49 of this Manual. BRANCHES OF CITY GOVERNMENT: The Council is the legislative branch of the City government. Council appoints an officer whose title shall be "City Manager" and who shall be the chief executive officer and head of the administrative branch of the City government. "The City Page 5 of 62 Manager shall be responsible to the Council for the proper administration of all affairs of the code city." RCW 35A.13.010. Legislative Branch: City Council. The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals,but only when meeting as a Council when a quorum (four or more) are present. Council represents the City residents and business owners of the City of Spokane Valley, and is the law-making,policy-making, and budget and spending approval authority of the City government. Council hires, directs, guides and evaluates the performance of the City Manager. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council(RCW 35A.13.130),or as otherwise agreed to by contract.For functions of the Mayor and Deputy Mayor, see also Chapter 3(B)(1)of this Manual. Some of the duties,responsibilities, and limitations of each Councilmember: • Brings the experience,concerns and knowledge of a typical City resident to City government. • Is cognizant of the needs,wants and concerns of City residents and businesses as a whole. • Contacts residents and businesses to gather feedback and ideas.The resulting information may be shared with staff or other Councilmembers individually, or with fewer than two simultaneously (but not serially),or with all Councilmembers at a Council meeting • Studies internal and external written and documented information related to the government and administration of the City. • Is prohibited from giving City employees directives,or saying anything that could be taken as an attempt to influence the conduct of the employee's job • Gives feedback and ideas regarding City government and administration to the City Manager. • Participates in assigned City and regional committees and all Council meetings. • When acting in the capacity of Councilmember outside of Council meetings, communicates that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council,unless pre-authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Councilmember's freedom of speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum, Councilmembers may work together on City Council-related projects and discuss City business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. Administrative Branch: The City Manager and City Staff. The City Manager is the City's chief executive officer and head of the administrative branch. The City Manager is an at-will position and reports directly to the Council..The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, for the administration and management of all City departments,and for the supervision of all members of staff.(See Chapter 3(B)of this Manual and chapter 35A.13.RCW for a description of the role of the City Manager.) Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is strongly encouraged. Page 6 of 62 CHAPTER 1 Council Meetings J it Spokane iiilimi. ,'''' ISO g Valley Ar il 11. I. 11 it Ik P• _` '1 i 1' ' I IA Page 7 of 62 A. General 1. Council Meetings-Time and Location Regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. Pursuant to RCW 42.30.070: "If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day." As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetings- Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110' (Executive Sessions),or RCW 42.30.1402(Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council,shall act as Mayor during the continuance of the absences [RCW 35A.13.0353]. The Mayor, Deputy Mayor (in the Mayor's absence)or Mayor Pro Tem are referred to as"Presiding Officer"from time to time in these Rules of Procedure. B. Meetings 1. Regular Meetings: Formal Format a. Normally held 2nd and 4th Tuesdays. The City Clerk,under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers,the City Manager,appropriate staff,and the media who have filed a notification request. b. Requests for presentations from outside entities or individuals to be placed on a future agenda,will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda.Playing of videos,DVD's,PowerPoints,or other electronic presentations shall be pre-screened and pre-approved by the City Manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting,the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. c. Forms of Address. The Mayor shall be addressed as "Mayor (surname)." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)"unless waived by the Presiding Officer. d. Order of Business.The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting,rearrange items on the agenda to conduct Council business more expeditiously,without the necessity of a formal action or motion.However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the"amended agenda." Page 8 of 62 i. Call to Order by the Presiding Officer ii. Invocation iii. Pledge of Allegiance iv. Roll Call (See Chapter 1,C4b [page 17] for procedure to excuse an absence) v. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s)is added,Council shall then consider a motion to approve the amended agenda. ("Three-Touch Principle"should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of`Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. vi. Introduction of Special Guests and Presentations. vii. Councilmember Reports. Council or government-related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are intended to be brief, City work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force or commission, whether as a formal or informal member. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. viii. Mayor's Report. Same as `vii'above except given by the Mayor ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. x. Public Hearings (See Chapter 4 for procedural details) xi. Public Comments: See Section"C Meeting Rules and Procedures" xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember without further explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn,the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. xiii. Unfinished Business. [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting] xiv. New Business [Action items are designated as New Business] Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion.The Council may hear such comments before or after initial Council discussion.The Presiding Officer may also invoke a sign-in procedure. If necessary the Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv. Public Comments. See Section"C Meeting Rules and Procedures" xvi. Administrative Reports or tracking of an administrative issue or topic. xvii. Information Only Items These items are generally not discussed or reported. xviii. City Manager Comments xvix. Executive Session (as required) (See Chapter 1,section B lc below) Page 9 of 62 xx. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified,the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. 2. Regular Meetings: Study Session Format a. Normally held 1st3rd and 5th Tuesdays.The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items should normally not be included on a study session agenda, although there will be times when due to deadlines or other pressing or time sensitive issues,action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais,but shall not discourage public observation.Unless there are designated action items which permit public comment,there shall be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk,under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press, on or before close of business on a Friday preceding a Tuesday Council meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise,the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. b. Action Items. Although action items may be included on a study session agenda, it is the preference of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act,"it is permissible for Council to take final action during these meetings.As in the formal format meetings,public comment will be allowed on action items. c.Unexpected Motions.Because study sessions are usually understood by the public and media as referring to meetings at which Council considers and discusses items and does not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly.As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a"surprise" motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. d. Presiding Officer's Role. The role of the Presiding Officer is to facilitate free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer.The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. e. Outside Requests. Outside requests to be included on a Council agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue,and whether it should be placed on an upcoming Council agenda. Playing of videos,DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the City Manager or designee,who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed.All written materials,including the written summary, shall be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. Page 10 of 62 f. Forms of Address.Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. g. Order of Business.The business of all study session meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting,rearrange items on the agenda to conduct Council business more expeditiously,without the necessity of a formal action or motion.However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the"amended agenda." i. Call to Order ii. Roll Call. The City Clerk shall conduct a roll call of Councilmembers (See Chapter 1,C4 page 17 for procedure to excuse an absence.) iii. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting.If a new item(s)is added,Council shall then consider a motion to approve the amended agenda. ("Three-Touch Principle"should be followed whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the meeting in place of`Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda will be made at other times during the meeting. iv. Presenter's Role.During the Council study session,the presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. v.Advance Agenda vi. Information Only Items These items are generally not discussed or reported. vii. Council Check-in: The purpose of this item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose,needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember, that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification or to address other upcoming concerns. viii. City Manager Comments: The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on activities or issues which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting, or will occur before the next Council meeting. ix. Adjourn. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 3. Regular Meetings: Executive Sessions a. Executive sessions shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting.Before convening in executive session,the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. i. At the close of the executive session and upon Council's return to chambers,the Presiding Officer declares Council out of executive session, and asks for the appropriate motion (i.e. an action motion or a motion to adjourn). ii. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.524) and/or the Public Records Act(RCW 42.565). Page 11 of 62 b. RCW 42.30.110 explains the purpose for holding an executive session,some of which include: i. RCW 42.30.110(1)(b).To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. [The only employee subject to this evaluation is the position of City Manager.] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries,wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. [Note: stating that an executive session's purpose is to discuss a"personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public(review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency,the governing body,or a member acting in an official capacity is, or is likely to become, a party,when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation"means matters protected by Rules of Professional Conduct(RPC) 1.6 or RCW 5.60.060(2)(a)concerning: (a) Litigation that has been specifically threatened to which the agency,the governing body, or a member acting in an official capacity is,or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency,the governing body,or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.1606 that the public be made aware of the preliminary agendas of meetings in advance of the meeting,but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. [MRSC Index-General Government-Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session,it is a good practice for the Mayor to announce at the beginning of the meeting,that Council will be adjourning into an executive session at the end of the regular meeting. d. Attendance at Executive Sessions. The City Attorney or Deputy City Attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council,is determined by the City Manager. 4. Special Meetings a.Meetings set at days,times,and places other than Tuesdays at 6:00 p.m.in the Spokane Valley City Council Chambers shall be deemed"special meetings,"such as joint meetings with other jurisdictions or entities(Board of County Commissioners,Planning Commissioners),and Council workshops or retreats. Page 12 of 62 b. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.1707, 35A.12.1108). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date,time,place,and business to be transacted and shall be posted on the City's website and displayed at the main entrance of the meeting location (RCW 42.30.0809). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting(RCW 35A.12.11010). The noticing regarding such decision to hold a special meeting(made by the Mayor or any three Councilmembers), shall be handled by the City Clerk's Office through the City Manager. c. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.08011, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes,and(c)In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. d. Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. e. Special meeting agendas may include action and non-action items. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the City's website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting notice or agenda, provided 'final disposition' regarding such matters is not taken (RCW 42.30.080(3)12) Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040]. f. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, No. 6, the "presence of a quorum of members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if councilmembers attend a public meeting called by a third party.The gathering of councilmembers would be a `meeting' for purposes of the Act only if the councilmembers take `action' as defined in the Act,such as voting, deliberating,or other official business of the council." g. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a meeting scheduled by the City Engineers to discuss a construction project,or a meeting scheduled through the Finance Depaitnient to hear a report from the State Auditors,or a meeting scheduled by the Parks&Recreation Department to discuss parks or other City business.Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the City staff at least two working days prior to the meeting,of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate,or perceive to violate the Open Public Meetings Act. h. RCW 42.30.070 states in part: "It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter." [MRSC Research News—Summer,2016] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss City business.However,comments and discussion as a result Page 13 of 62 of the tour,shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. Emergency Meetings: Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070,42.30.080,and 42.14.075: "If,by reason of fire,flood,earthquake, or other emergency,there is a need for expedited action by a governing body to meet the emergency,the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement of this chapter shall be suspended during such emergency." [RCW 42.30.070] "The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage,when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage." [RCW 42.30.080(4)] "Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency." [RCW 42.14.075] 6. Pre-Agenda Meetin2s: The City Manager, City Clerk,Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting,which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda,which is a planning document to aid in scheduling items on future Council agendas. (see also Agenda Committee under Chapter 4 internal committees) 7. Cancellation of Meetin2s: State law does not require any specific procedure for canceling an upcoming meeting,however,notice of the cancellation to the public, Councilmembers, and staff should be given by the Clerk in a similar manner that notice is given for a special meeting. The decision to cancel a meeting will be made by the City Manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance Agenda. The noticing of such decision will be handled by the City Clerk through the City Manager. Upon cancellation of a formal meeting,either the study session immediately before such meeting or the study session immediately after such meeting, shall include an opportunity for general public comment. Page 14 of 62 C. Meeting Rules and Procedures 1.Public Comments This is an opportunity for public comments on subjects not on the agenda for action. Speakers may sign in to speak, but it is not required. Speakers are limited to three minutes each unless modified by the Presiding Officer; however, members of the public shall be prohibited from allocating any of their own speaking time, to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment,the business of the City must proceed in an orderly,timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion,may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business.The desired total time for public comments shall not exceed 45 minutes; however, that time limit may change at the Mayor's discretion. a.Verbal Comments: i. Comments shall only be made from the podium microphone, first giving name, city of residence and subject.No comments shall be made from any other location,and anyone making"out of order"comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council.Public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. In order to prevent disruption of the Council meeting,members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted, although written comments and written materials including photographs and petitions may be submitted to Council via the City Clerk. ii. Demonstration, applause or other audience participation before,during or at the conclusion of anyone's public comments is prohibited. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room.Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. iii.Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required,scheduled,or held. (See page 27 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See page 37,Chapter 2,F Ballot Measures.) iv. Disruptive public conduct: a. Conduct in any form that interferes with Council's ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the presiding officer),the City Clerk will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess,public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes,the remainder of the public comment for the night will be terminated. d.If necessary in the discretion of the Presiding Officer,and in an attempt to reasonably calm a situation or resolve a conflict,the City Attorney or Deputy City Attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. Page 15 of 62 b. Written Comments: Citizens have the option of submitting written views, opinions, comments, data and arguments to Council on any topic and at any time,not just prior to or during public Council meetings.Unless the Mayor asks the Clerk to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk shall be distributed to Council by placing copies at each Councilmember's workstation or City desk; or in the case of e-mailed or other electronic comments, shall be forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. c. Electronic Comments: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 18, C8 Internet Use) 2. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings,and shall keep a copy of the most current"Robert's Rules of Order" (RONR)in Council Chambers during Council meetings. 3. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business.A lesser number may adjourn from time to time,provided that written notice of said adjournment is posted on the exterior Council Chamber doors pursuant to RCW 42.30.09013. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.17014, 35A.12.120'5) 4. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 5. Attendance a. Unexcused Absences: A Councilmember's responsibility to attend Council meetings should not be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to RCW 35A.12.06016 "a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council." As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council.At a third consecutive meeting where a Councilmember is not excused and there has been no request for a leave of absence,the absent Councilmember's office shall be forfeited effective immediately. b.Excused Absences:Members of Council may be excused from meetings with prior notification to the Mayor, City Clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable absences may include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, City related business,or unusual or unforeseen circumstances. Following or prior to roll call,the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. The motion shall be nondebatable. Upon passage of such motion by a majority of members present,the absent member shall be considered excused and the City Clerk shall make an appropriate notation in the minutes. c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: Page 16 of 62 i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absence shall be in writing, and hand-delivered or mailed to the Mayor, City Clerk,or City Manager at least one week prior to the date when such leave would commence. iii. The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. iv.By majority vote of the whole Council,a leave of absence shall be granted as follows: (a)The absence shall not exceed 90 days from the date the motion is passed by Council (b)The absent Councilmember shall retain pay and medical benefits during the leave of absence (c)At the end of the 90-day leave of absence,the absent Councilmember shall either: i. Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave;or ii. be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90-day leave. d.A leave of absence may only be granted twice during a Councilmember's four-year term,with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro-tem Councilmember during the absence. 6. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices,City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise,delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer.Any Councilmember making disruptive,disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting,any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum,or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the City. If so,the Presiding Officer shall seek the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as set forth in#10 below. 7. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion,ordinance or resolution of the Council and have the reason therefore entered in the minutes. 8. Councilmember Meeting Remote Participation a. Remote Council Meetings In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be able to participate. b. Telephone or electronic Participation On occasion,a Councilmember may be unable to physically attend a meeting,but wish to attend via telephone conference call. Provided there is technical availability for the Councilmember to hear the proceedings, be heard by those present, and be able to participate in Council discussion, a Councilmember may request such participation. Requests to participate in a Council meeting via telephone conference call must be made at least Page 17 of 62 one week in advance, and shall be approved by Council by motion. The Councilmember making the request, may also vote on the motion. More than one Councilmember may request participation via telephone for the same meeting,provided those Councilmembers would be able to be reached at the same phone number,as the Council Chamber's current system can only accommodate the use of one telephone number per meeting; and provided that a quorum of Councilmembers would physically attend the meeting. During any meeting that a Councilmember is attending via remote communicaiton, the Mayor or presiding officer shall state for the record at the beginning of such meeting, that a particular Councilmember is attending via remote communication and the reason(s) for such attendance. 9.Internet Use a. Use of the City's network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b. As noted on page 11, Councilmembers shall avoid accessing any electronic message during Council meetings whether by e-mail, text, or other means,. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise,Councilmembers shall avoid browsing the Internet during Council meetings in order that Council's full attention can be given to the topic at hand. c.Information technology resources are provided for the purpose of conducting official City business.The use of any of the City's information technology resources for campaign or political use is prohibited unless it has been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure Commission,that such use is not a violation of RCW 42.17A.555'7 or is otherwise authorized by law. d. Confidential material shall not be sent via e-mail or text. e. All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters,memoranda and interactive computer communication shall not be provided to the public or news media without the member of the public or news media filing a public record request with the City Clerk. With this in mind,texting and tweeting concerning City business is strongly discouraged. f.E-mail communications that are intended to be distributed among all Councilmembers,whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an e-mail is to have a discussion that should be held at an open meeting,the electronic discussion should not occur, and Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s)on an upcoming agenda. 10. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting,and the City Council as well as everyone in the room shall immediately leave the meeting room and if necessary,leave the building.The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 12. Approaching the Dais by Members of the Public Page 18 of 62 Once a Council meeting has been called to order,members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections adjacent to the dais. If citizens wish Council to receive materials,those materials should be handed to the City Clerk prior to the meeting or during the public comment section of the agenda, and the Clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 13. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether to allow the out of order request.Alternatively,the member of the public could also discuss their request with the Mayor prior to the meeting. 14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination — Prior Permission Required No overhead projection,photographs,motion pictures,or videos that require the use of floodlights,or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 15.Placing Items on an Agenda: a.New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The City Manager is most familiar with staff's workload and shall determine when the item can be prepared and brought forward to Council, unless the Council wants to discuss the item prior to staff's involvement. The following process shall be used to propose an item for a future Council meeting: i.A Councilmember may propose an item and give a brief explanation of the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii.By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. Except for routine items such as those found on most Consent Agendas,requests for items to come before Council shall be routed through the City Manager or come directly from the City Manager as part of the normal course of business. 16. Motions and Discussion a. Order of Procedure: i. Member of Council makes a motion by stating: "I move . . ." After the motion is seconded, staff makes their presentation,then the Mayor will ask Council if there are any questions of staff. Once all questions have been addressed, the staff member shall step away from the podium to allow for any public comment. ii. The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. iii.The Mayor will open the floor to Council for discussion.The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must not become a speech (RONR§4).All Council remarks should be addressed through the Mayor. iv. When discussion has ended, the Mayor will re-state the motion or ask the Clerk to re-state the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice.The Mayor or the Clerk will then state whether the motion passed or failed. Page 19 of 62 b. In General: i. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent"approval by default"of a failed negative motion. ii. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless by majority vote the Council suspends the requirement.If a motion fails,the agenda item shall be considered concluded.However,said item could be reconsidered if done during the same meeting, or through Council majority vote it could be brought back at a later meeting to "rescind an action," or to "amend something previously adopted." (Mayoral appointments excepted. See Committees for further discussion.) iii. Councilmembers should direct questions to the City Manager or the designated presenter. iv. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means"let's discuss it,"if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion,the motion does not progress.Note that the motion does not"die for a lack of a second"but it merely does not progress. v. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). The person making the motion is entitled to speak first to the motion.A maker of the motion may vote against the motion but cannot speak against their own motion. vi. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and deportment(Robert's Rules of Order Newly Revised,Article VII,Section 43,Decorum in Debate), keeping in mind it is not the Councilmember,but the measure that is the subject of debate. vii.When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. viii.Motions should be reserved for items marked on the agenda for action,so as to avoid any surprises for Council, staff and the public. Page 20 of 62 Parliamentary Procedure at a Glance Roberts IF YOU YOU SAY INTERRUPT NEED Can be Can be VOTE Rules of WANT TO 2"D Debated Amended Order§ 11 Postpone I move to postpone.. . No Yes Yes No Majority indefmitely(the .(an affirmative vote purpose is to can be reconsidered;a prevent action negative vote cannot.) or kill an issue.) indefmitely 12 Modify wording I move to amend the No Yes Yes Yes** Majority of motion motion by. .. 14 Postpone to a Ex:I move to postpone No Yes Yes Yes Majority certain time the motion to the next Council meeting. 16 Close debate I move the previous No Yes No No Majority* question,or I call for the question*** 17 To Table a I move to lay on the No Yes No No Majority motion table,the motion to 19 Complain about Point of Privilege Yes Yes Yes Yes Chair noise,room decision temperatures etc 20 Take break I move to recess for. . No Yes No Yes Majority 21 Adjourn I move to adjourn No Yes No No Majority meeting 23 Object to Point of Order Yes No No No Chair procedure or decision personal affront 25 Suspend rules I move to suspend the No Yes No No Majority* rules and. .. 34 Take matter I move to take from No Yes No No Majority from table the table the motion to 35 Reconsider I move we reconsider No Yes Yes Yes Majority something action on.. . already disposed of It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote.If the intended purpose is to postpone,then the motion to postpone should be used.If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion,however,withdrawal of a motion should be done with the approval of a majority of Councilmembers present [Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none,the motion is withdrawn. If there is objection,the Mayor will call for a vote.] While a motion is still on the table,no other motion on the same subject is in order.The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table"is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised, 10 Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required.Council direction is to base vote on majority except on matters where 2/3(or majority plus one)is required by state statute. **If the main motion to amend can be amended. ***Call for the Question:if it is felt that debate on a motion on the floor has continued longer than warranted,a member of Council may "call the question." The "call for the question"is a motion to end debate and vote immediately.If this "call for the question"motion is passed by a majority vote,then the vote must be taken on the original debated motion on the floor. Page 21 of 62 17. Voting The votes during all meetings of the Council shall be transacted as follows: a.The Presiding Officer shall first call for a vote from those in favor of the motion,followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute,ordinance,or resolution,all votes shall be taken by voice or a show of hands.At the request of any Councilmember or the City Clerk,a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b.Unless otherwise provided by statute,ordinance,or resolution,in case of a tie vote on a motion,the motion shall be considered lost. c. Every member who was present when the question was called,shall give his/her vote.If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember has recused themself due to actual or perceived appearance of a conflict of interest,which shall be so stated prior to the vote at hand.Abstentions are not permitted as abstentions are equivalent to not voting,and the members of the public expect their elected officials to vote on issues. d. The passage of any ordinance,grant or revocation of franchise or license,and any resolution for the payment of money,any approval of warrants,and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council (RCW 35A.12.12018). Except as provided in"e"below,all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity,violence of nature,riot,insurrection,or war; and provisions for a lesser emergency, such as a budget amendment(RCW 35A.33.09019),shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19020) 18.Recusal From Discussion and Consideration. a. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision-making on a particular item. These situations can arise in various ways,including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation,please see Appendix C — Spokane Valley Councilmembers' Statement of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self-dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). [Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients.A fiduciary is a person to whom property or power is entrusted for the benefit of another.] b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i. Using"his or her position to secure special privileges or exemptions for himself,herself,or others." ii. Directly or indirectly giving or receiving or agreeing to receive "any compensation, gift, reward, or gratuity from a source except the employing municipality,for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law." iii. Accepting employment or engaging in business or professional activity that "the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position." iv. Disclosing confidential information"gained by reason of the officer's position,nor may the officer otherwise use such information for his or her personal gain or benefit." c. Conflict of interest — contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the City. When a Councilmember is aware that they may benefit from such a contractual relationship,they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of Page 22 of 62 interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. d. Bias for or against a proposed action. There will be situations for each Councilmember where,based upon their current or prior work or personal relationships, that Councilmember may not be able to participate in a discussion and decision on a given issue because they likely can't be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. e. Process and Disclosure: When a Councilmember determines recusal is appropriate,or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the Council chambers. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. f. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of*business for*years,am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. g.The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration,I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior association with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. 19 Ordinances a.Except for unusual circumstances or emergencies,ordinances and resolutions shall customarily be prepared, introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. b.A Councilmember may,in open session,request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration,a committee,or the Council for consideration.The committee or administration shall report its findings to the Council.The City Manager may propose the drafting of ordinances(RCW 35A.1321).Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. c. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution,once on the agenda,he or she should so announce,make the initial motion and provide an introduction of the measure. Page 23 of 62 d. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However,if a Councilmember requests that the entire ordinance or certain sections be read,such request shall be granted.Printed copies shall be available upon request to any person attending a Council meeting. e.The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. This would require a successful motion to suspend the rules and pass the ordinance on a first reading. f. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to a first reading. g.Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents,transactions or decisions occurring before such repeal. h. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.04022]_ i.The passage of any ordinance,grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. [RCW 35A.13.17023 j. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity,violence of nature,riot,insurrection,or war; and provisions for a lesser emergency, such as a budget amendment(RCW 35A.33.09024),shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19025). k. Occasionally,an ordinance will be on an agenda the same night as a public hearing on the same topic,such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item.When that occurs,after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process.Public comment will also not be taken during the ordinance's second reading at a subsequent Council meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council,public comment will not be taken on either the first or the second reading. 20. Resolutions a.A resolution may be approved on the same day it is introduced.While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures, a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested.Printed copies shall be made available upon request to any person attending a Council meeting. b. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public hearing process. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission,which would result in a resolution for Council consideration. Page 24 of 62 21. Community Recognition Program: a. In an effort to acknowledge outstanding citizens,businesses and organizations who have made a significant contribution,or have had or continue to have, a positive impact on the citizens of our community,the Council has implemented a Community Recognition Program. b.Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however,they may submit nominations.There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected,recognition will take place at a City Council meeting and depending upon the nature of the nomination,the honoree will be presented with a proclamation,certificate of appreciation,and/or a key to the City. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the City Clerk, and may be made at any time. e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the Agenda Item of Introduction of Special Guests and Presentations. 22.Proclamations: a. Ceremonial proclamations not associated with the Community Recognition Program. i. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion;and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the City Clerk. ii. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents.Proclamations will not be considered which are potentially controversial,political or religious in nature unless approved by the majority of Councilmembers. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals,or businesses within or outside Spokane Valley's jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i.The person making the request need not be a Spokane Valley resident ii. Requests should be made at least four weeks in advance of the scheduled Council meeting iii.The person asking for the proclamation should agree to be in attendance or have someone attend in their stead iv. The City Clerk will inform the requestor whether the proclamation request is approved v. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council's preference to have proclamations read at formal meetings,which are generally held the 2nd and 4th Tuesdays;however,proclamations may be read at Study Sessions due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting,the same procedure as above shall be followed,but instead of having someone at a Council meeting to officially receive the proclamation, the City Clerk will mail the proclamation to the requestor, or it can be hand-carried by the Councilmember attending the event to read the proclamation. Page 25 of 62 d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately after the Mayor's report,or could take place as the first agenda item on a Study Session. 23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: a. As requested by the City Council,the City Manager in consultation with the Finance Director, shall notify the City Clerk of Council's desire for a proposed ordinance, and ask the City Attorney to prepare a draft ordinance. b. Within 14 days following notice to the City Clerk, the City Clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating i. the date, time and place of Council's public hearing ii. the purpose of the hearing: that a tax increase or new tax has been proposed iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. that any City taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: i. Proceed with a first reading of the proposed draft ordinance (same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 24.Hearings: [note: See Appendix A for quasi-judicial hearings] a. Purpose i.Held to obtain public input on legislative decisions on matters of policy ii.Are required by state law in such matters as comprehensive plan use plans,or annual budget iii. Do not involve legal rights of specific private parties in a contested setting iv.Affect a wide range of citizens or perhaps the entire jurisdiction v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged,are reviewed only to determine if they are constitutional or violate state law b. Process i. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal,the main concern is to provide an opportunity for all attending members of the public to speak if they desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer , and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: a. All public comments shall be made from the speaker's podium, shall be directed to the Mayor and Council,and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last name because an official recorded transcript of the public hearing is being made. Page 26 of 62 b. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. c.Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d.At the discretion of the Presiding Officer,members of the public shall only speak once per issue. e There shall be no demonstrations, applause or other audience participation,before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. f. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the City Clerk at the pleasure of the Mayor. In the interest of time,the Mayor may limit the reading of such comments to the Clerk reading who the letter or written material is from,and if easily discernible,whether that person is for or against the issue at hand.All written comments become an official part of the record. g. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. iii.After staff presentations,the Presiding Officer calls for public comments. iv. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff If any Councilmember has questions,the appropriate individual shall be recalled to the podium. v. The Presiding Officer declares the public hearing closed and notes the time for such closing. 25. Reconsideration a.The purpose of reconsidering a vote is to permit change or correction of an erroneous action,or to take into account added information or a changed situation that has developed since the taking of the vote. Any action of the Council,including final action on applications for legislative changes in land use status,shall be subject to a motion to reconsider except: i. any action previously reconsidered; ii.motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on,or take an item from,the table; iv.previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. b. Such motion for reconsideration: i. shall be reconsidered during the same Council meeting; ii. shall be called up when no business is pending (no action is pending); iii. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action)is pending; iv. shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted,or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one,to try to persuade someone who voted on the prevailing side, to make such a motion. v. a member who makes this motion should state that he or she voted on the prevailing side; vi. needs a second,and can be seconded by any member; Page 27 of 62 vii. is debatable if the type of motion it reconsiders is debatable;and viii. is not amendable and requires a majority vote to adopt. c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for [or against] the resolution." This motion needs a second,which can be seconded by any Councilmember. d. Step 2: If the motion for reconsideration is adopted,the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion,followed by a new vote. e.Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter,may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 26. Council Materials a. Council Material: Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject,whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting,or if distributed during a meeting, Councilmembers should indicate they would like the materials considered for a future meeting, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under"Council Comments." b.Council Packets: Councilmembers shall personally pick up their agenda packets from their City desk,unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise,the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. c. Packet Materials: Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally,by the time an item is ready for a motion,Council has already read,heard,and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as"I move to"or"I move that"or other similar language. 27. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the"Three Touch Principle"whenever possible.These procedural guidelines are designed to avoid"surprises" to the City Council, citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances,resolutions or City Council directives which require a decision of the City Council or administration, should "touch" the decision makers three separate times. This includes verbal or written reports,"information only"agenda items,or any combination thereof.To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." Page 28 of 62 It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 29 of 62 CHAPTER 2 Legislative Process 7 .... , r ..,-,„ __ ..... - Legislation MI lilla l Page 30 of 62 A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor,he/she shall continue to have all the rights,privileges and immunities of a member of the Council.If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.03026) There are no term limits for the office of Mayor or Deputy Mayor. 2.The election for Mayor shall be conducted by the City Clerk.The City Clerk shall call for nominations.Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed.The election for Deputy Mayor shall be conducted by the Mayor,and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present.The City Clerk shall publicly announce the results of the election. Thereafter,the City Clerk shall record the individual Councilmember's vote in the minutes of the meeting. 4. If the first round of votes results in no majority vote of Councilmembers present,the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote.If after three attempts,Council is unable to agree on a Mayor by majority vote of Councilmembers present,the office of Mayor shall be temporarily filled by an Acting Mayor,which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember,then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.1327 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting,at which time the role of Acting Mayor shall cease and terminate. 5.At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present,the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time,there is a two-way tie of Councilmembers receiving the most votes,the tie shall be broken based on the flip of a coin.The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two,at which time the outcome shall be determined by written ballot. B. Filling Council Vacancies 1. General Process: (Note that public comment shall not be taken during this entire process.) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.02028 and Council's adopted procedure in compliance with RCW 35A.13.020,as well as RCW 42.12.070.29 The timeline will vary depending on when the process begins.Pursuant to RCW 35A.13.020,City Council has 90 days from the vacancy to appoint a qualified person to the vacant position.If this timeframe is not met,the City's authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be [RCW 42.04.0203°J a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of Page 31 of 62 candidacy if the candidate had ever been convicted of a felony,they must no longer be under the authority of the Department of Corrections,or currently incarcerated for a felony. Pursuant to RCW 42.12,remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd- numbered year general election takes office,which is the date the election results are certified,normally around the 26th of November. (See also 35A.12.040) Immediately upon the election being certified,that just-elected person will take the oath of office,take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The City Clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the City (see Appendix E for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020,which refers to RCW 35A.12.030: (1)must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2)has been a resident of the city for a period of at least one year next preceding his or her election.Additional qualifications include those stated above under#1 General Process,and that Councilmembers shall not hold any other office or employment within the Spokane Valley City government [RCW 35A.12.030].In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city,and the city. (See Appendix E Definitions for description of immediate family.)If possible,the vacancy announcement shall be published for three consecutive weeks. b. The City Clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to Council Chambers and the Special Meeting shall be adjourned. d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant to RCW 42.30.110(1)(h),Council shall meet in open session and part of this agenda shall include selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting or as soon as practicable,the Clerk shall send a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW 42.30.110(1)(h),the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5:00 p.m.meeting with an executive session.Pursuant to RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session(closed session)to discuss applicants.After the discussion, the Special Meeting shall be adjourned as usual. g. Hold a regular 6:00 p.m. meeting, same evening as "f' above special meeting. Pursuant to RCW 42.30.110(1)(h),Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy.Upon selection of the new Councilmember,that person shall be sworn in by the City Clerk, and take their seat at the dais. 2.Nomination Options for Conducting Interviews: a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may i.nominate an applicant to be interviewed ii.the nomination must be seconded iii. Councilmembers may make more than one nomination,but only one at a time iv.the Mayor shall ask if there are further nominations v. if no further nominations,the Mayor shall close the nominations vi.votes shall be taken on each applicant in the order of nomination vii.votes shall be by raised hand Page 32 of 62 viii. applicants receiving a majority of votes of those Councilmembers present,shall be interviewed ix. once all voting has taken place, the City Clerk shall summarize which applicants shall be interviewed based on the voting outcome.As soon as possible after the Council meeting,the City Clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview,and send each person to be interviewed,the list of possible interview questions; or x. Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants b. The length of the interview shall be determined based upon the number of applicants and interviews shall be done in last-name alphabetical order. The City Clerk shall notify all applicants of the date, time and procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the Council Chambers and away from viewing or hearing the meeting's proceedings. c.If during open session,Council has nominated only one person to interview,or in the case of more than one vacancy,one person per vacancy,Council may forego the interview process and move to make the appropriate appointment. 3.Interview Questions/Process: During the interview, each Councilmember may ask each candidate a maximum of three questions, which includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name. 4.Nomination and Voting Process to Select Applicant: a. Nomination Process: Councilmembers may nominate an applicant to fill the vacancy.A second is required. If no second is received,that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination;in which case the Councilmember make another nomination. Once the nominations are given,the Mayor shall close the nominations and Council shall proceed to vote. b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.By adoption of this policy,Council has chosen the following process for making such appointment: i.Except when there is only one nominee,a vote for an applicant shall be by written ballot.Each ballot shall contain the name of the Councilmember who cast it. ii.The vacancy may only be filled when a majority of the remaining City Council(whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. iii. Round One Vote: The City Clerk shall publicly announce the results of the election.The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council,then the three applicants receiving the most affirmative votes would be considered in a second round. iv. Round Two Vote: Round Two proceeds the same as Round One.If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. v. Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round, the vote of the two applicants results in a tie,then the City Manager,with concurrence of Council shall flip a coin to determine who shall fill the vacancy,with the applicant whose last name is closest to the letter A being assigned "heads" and the other person assigned"tails."In the rare circumstance where Page 33 of 62 both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." In the equally rare circumstance where both applicants have the same last name, the applicant whose first name is closest to the letter A shall be assigned"heads" and the other person assigned"tails." 5. Seating of New City Councilmember: Once an applicant either has received a majority of votes or wins the coin flip,if the appointed applicant is at the meeting,the City Clerk shall administer the oath of office,and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. Legislative Agenda Councilmembers work each year (or sometimes every two years) to draft a "legislative agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level,which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington,D.C. D. Council Travel Allocation Council is allocated a budget to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office.These monies may be used to defray expenses for transportation,lodging,meals and incidental expenses incurred in the conduct of City business.Periodic updated statements of expenditures shall be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for payment of any travel and related expenses unless they have requested and received written affirmation from another Councilmember of their voluntary allocation to grant the travel related expenses from that granting Councilmember's travel apportionment. Such granting of travel allocations shall be documented with the appropriate completed form (see Appendix F). During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures outside a 50 mile radius,requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. E. COUNCIL EXPENSE REIMBURSEMENT POLICY 1. Travel Approval and Expense. a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official City business when such expenditures are within the allotted budget. The City shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that would not be considered official City business.The City shall not reimburse an expense if that expense is reimbursable by another agency. Each Councilmember shall be permitted to travel within the constraints of each Councilmember's allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F for Request Form.) b.Allowable Travel Expense.Allowed travel expenses include transportation,lodging,meals,and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. i. Meals and lodging are reimbursed at a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. ii. Tips are allowable expenditures when they approximate 15% or less, unless the restaurant or personal service provider sets a mandatory group rate at a higher percentage, or the tip is already included in the expenditure.Please carefully examine your bill and be aware of statements such as"A service charge of %/$will be added to your bill."Reimbursement for tips is limited to food service, valet services,and taxi/ride share transportation. Page 34 of 62 iii. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case-by-case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. iv. Mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google maps,or other internet apps or mileage distance calculators. c.Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: i. Liquor ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii. Personal entertainment/movies iv. Theft,loss,or damage to personal property v. Barber or beauty parlor vi. Airline or other trip insurance (see c above) vii. Personal postage viii. Reading material except for that associated with official City business ix. Personal telephone calls x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii. Prohibited expenses charged to the City in error shall be immediately reimbursed. d. Conferences/Meetings/Seminars. i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere is not reimbursable unless its purpose is to allow the conduct of City business. ii. For meetings or seminars hosted by an organization for which the City pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). iii. When an extra day's stay would reduce airfare beyond the extra day's hotel and meals, a Councilmember may stay an extra day. 2.Payment of Expenses. a.Use of City Credit Cards. Use of City credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. c. Direct Billing. Direct billing to the City for expenses such as meals and lodging is prohibited. d.Expense Reimbursement Report. Expense Reimbursement Forms shall be completed no less than monthly. Councilmembers shall complete the Expense Reimbursement Form and submit it to Finance,documenting the amount due the Councilmember,or City as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed Expense Reimbursement Form shall be submitted to Finance within 45 days after completing travel Expense Reimbursement Forms submitted more than 45 days after completing travel shall not be honored. 3.Use of Personal Vehicle. a. Reimbursement. Expenses for the use of personally-owned vehicles in the course of City business are reimbursed at the then-current U.S. Government(IRS) rate. Councilmembers who use their personal car for City business shall carry, at a minimum,the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. Page 35 of 62 b. Passengers. Should more than one Councilmember travel in the same personal vehicle on City business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings,hotel,and airfare,or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision, expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and the Finance Committee shall be informed,and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. F. Ballot Measures: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly,for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery,postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space,publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1)Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2)A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3)Activities which are part of the normal and regular conduct of the office or agency. " [emphasis added] 2. City's Implementation of RCW 42.17A.555 In the City's implementation of RCW 42.17A.555,the City Council shall not,during any part of any Council meeting, consider requests from outside agencies or individuals for Council to support or oppose ballot measures; nor shall Council permit any public comment on any proposed or pending ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues;nor shall Councilmembers disseminate ballot-related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office. Because even the use of e-mail for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail through the United States Postal Office. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment. Page 36 of 62 Council has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the City's facilities including the use of the Council chambers and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore,general public comment on ballot issues,or proposed ballot issues shall not be permitted. Page 37 of 62 CHAPTER 3 Council Contacts ' , f ! 110, t INI IV DI Q. 6, u . IQ .... ...... !I:: Er Page 38 of 62 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers,copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Su22estions to Council When citizen concerns,complaints or suggestions are brought to any,some,or all Councilmembers,the Mayor shall, when deemed appropriate and/or necessary, consult with the City Manager to, first determine whether the issue is legislative or administrative in nature and then: i. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee, administration, or to the Council for study and recommendation. ii. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review,if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers,the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint.However,the City Manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes,ordinances,regulations,policies or practices. b. Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case,refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public.As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a"meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from "friending" other Councilmembers. 5.Donations On occasion,Councilmembers could be contacted by citizens or businesses regarding donations. (See Spokane Valley Municipal Code 3.34. for policy on donations. Page 39 of 62 B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments.The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the management decisions of the City Manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient;prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City;and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.08031) b. It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the City Manager must also protect the productive capability of depaitnient heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk-Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager.In the absence of the City Clerk and the Deputy City Clerk,the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical,regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes formal format and study session format)shall be video-recorded. Special meetings shall not normally be video-recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. Whenever possible, video recordings of Council meetings shall be posted on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives, tasks, or orders to any subordinate of the City Manager,either publicly or privately;provided,however,that nothing herein shall be construed to prohibit the Council,while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.12032.) 5. Informal Communications Encouraged RCW 35A.13.120 should not be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, Page 40 of 62 obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff While maintaining open lines of communication,City staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 41 of 62 CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS Page 42 of 62 A. Regional Committees, Commissions and Boards 1. Committees a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board,or commission required by state law,shall be appointed by the Mayor with confirmation by the Council. b.Appointment Process: Any committee,board,commission,task force,etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place.By majority vote,Council can reject the appointment.If Council fails to confirm the recommended appointment,the Mayor could either make another recommendation,or the appointment may be postponed to a later date,giving City staff opportunity to further advertise for committee openings. c. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task force,etc.,requiring Mayoral appointment,may be removed by the Mayor,with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. d. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc.,requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. Reasons for removal include conflict of interest,unexcused multiple absences,or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. e. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate,but not sooner than two weeks,with notation of such on the advance agenda. f. These committee, commission board appointments as well as removals, shall be placed as action items on Council meeting agendas, and when possible and practical,will be noted on the Advance Agenda at least two weeks prior to such action. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies a.The purpose of these appointments is to provide Council with insight into areas of interest or concern within each board.As liaisons and representatives of the City,it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the City; and as such during those meetings,Councilmembers may not act as a representative of any other business,group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Councilmembers, copies of minutes from any statutory boards,commissions,or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council,the Presiding Officer may place the matter on an agenda under New Business,Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting, or take other appropriate action. B. In-House Committees,Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Such appointments are generally made at the first or second meeting in January.Following are established in- house committees: Page 43 of 62 a. Planning Commission--7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection,public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning,land use,transportation,capital infrastructure and building and landscape design as evidenced by training,experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City limits.Terms shall be for a three-year period,and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the Mayor, with the concurrence of the City Council,for neglect of duty,conflict of interest,malfeasance in office,or other just cause,or for unexcused absence from three consecutive regular meetings.Failure to qualify as to residency shall constitute a forfeiture of office.The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW,Code of Ethics for Municipal Officers; Chapter 42.36 RCW,Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City.No elected official or City employee may be a member of the planning commission." b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax,and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter.The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council.Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership.Appointments shall be for one- and two- year terms." c. Finance Committee-- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as-needed basis as determined by the City Manager. Matters that should be addressed by the Finance Committee,include,but are not limited to: i. authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C),in circumstances where such a change order is necessary to avoid a Page 44 of 62 substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. ii. during the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee,except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards,commissions or task forces. iii. a Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars,regional meetings,hotel,and airfare,or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision,expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and the Finance Committee shall be informed, and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. d. Governance Manual Committee—5 -6 members This committee usually consists of two or three Councilmembers,the City Manager,the City Attorney, and the City Clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises.After discussion as a committee,the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via Resolution. e.Agenda Committee—Mayor,Deputy Mayor, City Manager, City Clerk At the Mayor's option, and either by a schedule determined by the Mayor or by personal individual invitation,the Mayor may invite a third Councilmember to attend this weekly meeting.The attendance by a third Councilmember is at the third Councilmember's discretion.Other staff may be invited at the discretion of the City Manager.As noted in Chapter 1(B)(4),this committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda,which is a planning document to aid in scheduling items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, City Manager, and City Clerk, no committee appointments are necessary. 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of"sunsetting"the committee at the conclusion of the assigned task.As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the City's website, and in the City's official newspaper. C. Private Committees, Commissions, and Boards The Council recognizes there are various other private boards and committees,such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards.As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. Page 45 of 62 APPENDIX A Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties,and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings.Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances,and conditional uses.(MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a.Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning,pursuant to RCW 42.36.04033, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b.Ex parte communications should be avoided whenever possible.During the pendency of any quasi-judicial proceeding,no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbal or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 3. Actions/Procedures for a Quasi-Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. Page 46 of 62 APPENDIX B: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT WHEREAS,the City Council of the City of Spokane Valley, as the elective legislative body,is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS,the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley's governance should be known as"user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive,effective and courteous manner. Page 47 of 62 Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes.We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d)Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council,the staff,or the public. (e) Accepting the principle of majority rule and working to advance the success of"corporate" decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a)Promoting mutual respect between the Citizens,City staff and the City Council by creating the organizational teamwork necessary for effective,responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c)Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11th day of December,2007. ATTEST: /s/DIANA WILHITE Diana Wilhite,Mayor /s/CHRISTINE BAINBRIDGE Christine Bainbridge, City Clerk Approved as to form: /S/MICHAEL F. CONNELLY Office of the City Attorney Page 48 of 62 APPENDIX C: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual,the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: DECLARATION OF PURPOSE: • Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, honest, and unbiased manner. • Establish procedures for prevention and/or elimination of possible conflicts of interest. • Improve and strengthen the public's perception and trust in their local government. DEFINITIONS: Compensation: Anything of economic value regardless of amount,however designated,which is paid,loaned, advanced, granted,transferred, or gifted, or to be paid,loaned, advanced, granted,transferred or gifted for or in consideration of personal services to any person or that person's immediate family as that term is defined in RCW 42.17A.00534 Contract: Includes any contract or agreement, sale, lease,purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise,or other business entity which is a party to a contract with a municipality. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based upon their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Exceptions to this prohibition are if a meal is provided to a Councilmember while that person is participating in a meeting or event held by an entity to which a Councilmember is assigned for representation by the City; or when actively participating on a panel giving a presentation to others,in other words as a working lunch; or unless the meal is paid for by the City. Campaign donations made and reported in conformance with Washington law are exempt from this provision. [RCW 42.23.07035] (b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no Councilmember shall accept,directly or indirectly, any compensation,gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c)Incompatible Service,Confidential Information:No Councilmember shall engage in or accept private employment or render services for any person,or engage in any business or professional activity when such is incompatible with the faithful discharge of his/her official duties as a Councilmember.No Councilmember shall disclose confidential information acquired by reason of such official position,nor shall such information be used for the Councilmember's personal gain or benefit. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council,shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. Page 49 of 62 Appendix D: Frequently Used Acronyms AACE-American Association of Code Enforcement ADA-Americans with Disabilities Act ADT-Average Daily Traffic ATF -Bureau of Alcohol,Tobacco&Firearms AWC -Association of Washington Cities BOCC -Board of County Commissioners CAFR- Comprehensive Annual Financial Report CDBG-Community Development Block Grant CIP -Capital Improvement Plan CM-City Manager CM/AQ -Congestion Mitigation&Air Quality Program COVID-19 — CO=corona, VI=virus, & D=disease; 2019 novel coronavirus; infectious disease caused by severe acute respiratory syndrom coronavirus 2;WHO declared it a global pandemic March 2020 CTED - Community,Trade,& Economic Development(now Department of Commerce) CTR- Commute Trip Reduction (legislation) CUP -Conditional Use Permit DEIS-Draft Environmental Impact Statement DEM-Department of Emergency Management DNR-Department of Natural Resources DNS-Declaration of Non-Significance DOC—Department of Commerce DOE-Department of Ecology; Department of Energy DOT-Department of Transportation(also WSDOT) E911 -Enhanced 911 EA-Environment Assessment EDC -Economic Development Council EEO/AA-Equal Employment Opportunity/Affirmative Action EEOC-Equal Employment Opportunity Commission EIS-Environmental Impact Statement EOE-Equal Opportunity Employer EPA-Environmental Protection Agency ERU -Equivalent Residential Unit(for measuring water-sewer capacity and demand) ESU-Equivalent Service Unit(for measuring stormwater utility fees) Page 50 of 62 F &WS -Federal Fish&Wildlife Service FAA-Federal Aviation Administration FCC -Federal Communications Commission FEIS-Final Environmental Impact Statement FEMA-Federal Emergency Management Agency FICA-Federal Insurance Contribution Act FIRM-Flood Insurance Rate Maps FLSA-Fair Labor Standards Act FMLA-Family Medical Leave Act FMSIB—Freight Mobility Strategic Investment Board FY-Fiscal Year GAAP - Generally Accepted Accounting Principles GASB - Governmental Accounting Standards Board GIS- Geographic Information System GMA-Growth Management Act GPM-Gallons Per Minute HOV-High-Occupancy Vehicle HR-Human Resources HUD-Housing&Urban Development(Department of) ICMA-International City/County Management Association L&I-Labor&Industries (Department of) LID-Local Improvement District MGD-Million Gallons per Day MOA-Memorandum of Agreement MOU-Memorandum of Understanding MPO-Metropolitan Planning Organization MRSC -Municipal Research Services Center NEPA-National Environment Policy Act NIMBY-Not In My Backyard NPDES-National Pollutant Discharge Elimination System PE-Preliminary Engineering; Professional Engineer PERC-Public Employment Relations Commission PMS-Pavement Management System PPE-Personal Protective Equipment PPM-Parts Per Million; Policy&Procedure Manual PUD-Public Utility District Page 51 of 62 PW-Public Works QA-Quality Assurance RCW-Revised Code of Washington REET -Real Estate Excise Tax RONR-Robert's Rules of Order Newly Revised ROW-Right of Way SAO- State Auditor's Office SBA- Small Business Administration SEPA- State Environmental Policy Act SMA- Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB -Transportation Improvement Board TIP -Transportation Improvement Program TMDL-Total Maximum Daily Load UBC-Uniform Building Code UFC -Uniform Fire Code UGA-Urban Growth Area WAC -Washington Administrative Code WACO-Washington Association of County Officials WCIA-Washington Cities Insurance Authority WCMA-Washington City/County Management Association WHO—World Health Organization WSDOT-Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities&Transportation Commission WWTP -Wastewater Treatment Plant Page 52 of 62 APPENDIX E oo Spokane Valley CITY OF SPOKANE VALLEY 10210 E. Sprague Avenue Spokane Valley,WA 99206 (509)720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council position until that vacated position can be filled as a result of the next general municipal election(held odd years) [RCW 42.12.070] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk's office, 10210 E. Sprague Avenue, no later than p.m. on (late arriving applications will not be considered).Applications may be hand- delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, Current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget, pavement preservation, transportation, infrastructure,public safety,economic development,planning and development,open space,familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name (please print): Complete Residence Address: Complete Mailing Address: (if different from above address): Length of time lived at current address: U.S. Citizen? [ ]yes [ ]no WA State Registered Voter? [ ]yes [ ]no If you have lived at your current address less than one year,please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address Which is your preferred way for us to contact you: [Note:Ifyou have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone [ ]work phone [ ] Cell Phone [ ] other message phone [ ] e-mail address: (please print plainly): [ ] regular mail to residence or mailing address shown above Page 53 of 62 EMPLOYMENT: Start with most recent 1. [ ]present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 2. [ ]present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 3. [ ]present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: EDUCATION: Name of High School Address: Diploma or GED: [ ]yes [ ] no Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Other Certifications/Licenses: VOLUNTEER EXPERIENCE: name of social, fraternal,organizations,etc. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ]previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS,INCLUDING GOVERNMENT BOARDS, COMMITTEES,OR COMMISSIONS 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous 1.Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ] Page 54 of 62 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes [ ] No [ ] 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes [ ] No [ ] 4. If you answered"YES"to#3 above,please explain: 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes [ ] No [ ] If yes,please explain: 6. Is any member of your immediate family currently employed, either full time or part time,by the City of Spokane Valley,or currently perform any volunteer work for the City of Spokane Valley? Yes [ ] No [ ] If yes,please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes [ ] No [ ] If yes,please explain: 8. Why are you interested in serving in this position? 9. What do you feel is the primary responsibility of a Councilperson? 10.Have you ever attended a live meeting of the Spokane Valley City Council? Yes [ ] No [ ] If yes, give an estimate of how many meetings you have attended in the past twelve months: 11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees(such as STA,Visit Spokane, Health Board,etc.)as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours.Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council. Yes [ ] No [ ] Page 55 of 62 12. References: Please list name,address and phone number: 1. 2. 3. Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury,that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. Signature Date Signed Page 56 of 62 APPENDIX F e40'\NNW& lan OF e CITY COUNCIL Valley 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000•Fax:(509)720-5075 •www.spokanevalley.org Request to Transfer Travel/ Registration Budgets Transfer from Transfer to Councilmember's name Councilmember's name Account number Amount Account number Amount Signature Date Signature Date Page 57 of 62 Appendix G: Definitions Action: All transactions of a governing body's individual's spouse or domestic partner and the business, including receipt of public testimony, spouse or the domestic partner of any such person deliberations,discussions,considerations,reviews, (RCW 42.17A.005(24)). and evaluations, as well as "final" action. [RCW 42.30.010,42.30.020(3)]. Motion: An enacted motion is a form of action taken by the Council to direct that a specific action Codified:The process of forming a legal code(i.e., be taken on behalf of the municipality. Once a municipal code or book of laws)by collecting and approved and entered into the record, is the including the laws of a jurisdiction or municipality. equivalent of a resolution in those instances where a resolution is not required by law, and where such Consensus: A collective judgment or belief; motion is not in conflict with existing state or solidarity of opinion: "The consensus of the group federal statutes, City ordinances or resolutions. was that they should meet twice a month. General agreement or harmony. [Random House Webster's Ordinance: An enacted ordinance is a law passed College Dictionary, April 2001] [Wikipedia: [enacted] by a municipal organization legislatively explains it as a group decision making process, or prescribing specific rules of organization or Does anyone object?] It is not unanimity,but more conduct relating to the corporate affairs of the a process for deciding what is best overall. municipality and those citizens and businesses Members of the group reach a decision to which therein. Council action shall be taken by ordinance they consent because they know it is the best one when required by law,or where prescribed conduct overall. It differs from voting which is a procedure may be enforced by penalty. Special ordinances for tallying preferences. It does not require each such as adopting the budget, vacating a street, member of the group to justify their feelings. amending the Comprehensive Plan and/or Map, [Taken from: Consensus Is Not Unanimity:Making and placing a matter on an election ballot, Decisions Cooperatively, by Randy Schutt. '7 including general obligation bonds, are not Similar to a type of verbal"show of hands"on who codified into the City's municipal code. feels particularly strong on this?" Sometimes thought of as preliminary approval without taking Resolution: An enacted resolution is an final "action." A show of hands is not an action administrative act which is a formal statement of that has any legal effect. ["Voting and Taking policy concerning matters of special or temporary Action in Closed Sessions"by Frayda Bulestein.] character. Council action shall be taken by resolution when required by law and in those Ex-parte: from a one-sided or partisan point of instances where an expression of policy more view; on the application of one party alone.An ex- formal than a motion is desired. parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also Regular Meeting: Any Council meeting that describe contact with a person represented by an meets in the Spokane Valley City Council attorney,outside the presence of the attorney. Chambers on Tuesday at 6:00 p.m.shall be deemed a"regular meeting." Immediate Family: includes a spouse or domestic partner, dependent children, and other dependent Social Media: A term used to define the various relatives, if living in the household. For the activities that integrate technology, social purposes of the definition of"intermediary" in this interaction and content creation. Through social section, "immediate family" means an individual's media, individuals or collaborations of individuals spouse or domestic partner, child, stepchild, create on-line web content, organize content, edit grandchild, parent, stepparent, grandparent, or comment on content,combine content,and share brother, half brother, sister, or half-sister of the content. Includes many technologies and forms individual and the spouse or the domestic partner including syndicated web feeds, weblogs (blogs), of any such person and a child, stepchild, wiki, photo-sharing, video-sharing, podcasts, and grandchild, parent, stepparent, grandparent, social networking.(From MRSC,and Social Media brother, half-brother, sister, or half-sister of the and Web 2.0 in Government,WebContent.gov) Page 58 of 62 INDEX Finance Committee•47 Finance Department•36 A fiscal restraint•28 flip of a coin•33 Absences•18 Acceptance of Gifts:•52 ad hoc committees•47 Advance Agenda• 16,21 affirmative motion •22 hearings•28 amended agenda•10,13,15 holiday•9 applause•17,29 applications•29,34,35 attendance•42 8 impractical•15,16,31 informal contacts•43 Internet• 18,20 ballot•17,33,35,38,39,61 bias 24,25 budget amendment•24,26 L C leave of absence•18,19 Cancellation of Meetings: •16 M candidate•14,35 City Manager•3,6,9,10,12,15,16,18,19,20,21,22,24, majority of the whole•24,26 25,26,28,30,33,36,41,42,47,50,51,53 Majority Plus One•24,26 coin flip•36 majority vote•6,9,12,19,22,23,26,29,33,45,46 Community Recognition Program•27 maker of the motion•21,22,23 complaint•41 misleading•12 Confidential material•20 Conflict of interest•24 Core Beliefs•3,4 N p nomination •33,34,35 notice•9,15,18,20,30,38,51,66 dais•12,20,30,35 deadline•34 0 Demonstration•17 Open Public Meetings Act•5,9,12,13,20,41,56,66 E out of order•17,21,23,28 Outside Requests•12 election •33,34,36,38,61 electronic message•18,20 P e-mail•18,20,39 emergency• 10,13,15,20,24,26,30,66 Emergency•2,16,20,53,54,66 parliamentarian 18 ethical 52 podium•10,17,20,28,29 executive session•13,14,15,34,35,47 Pre-Agenda 2,16 executive sessions•14,15,31 presentations 9,12,17,29 prevailing side•29,30 Public Comment•39 F public comments•10,17,18,21,28,29 Public Records Act:•5 Filling a Council Vacancy•34 Page 59 of 62 Table 2,23 tax•28,46 telephone•19,20,41 qualifications•14,34 three minutes•17,21,28 quasi-judicial•17,20,30,49,50 Three Touch•25,30,31 quorum•5,6,18,19,24,66 Three-Touch•10,13 tie 24,33,36 travel•36 R rearrange•9,13 (J recommended appointment•45 reconsideration •29,30 unexcused absence•18,46 recuse•24,25 Unexpected Motions•12 Removal•45,46 unusual circumstances•25,31 Request for Council Action•30 S V vacancy•33,34,35,36,47 seats•18 video•19,20,42,61 social media•41,61 vote to extend the meeting•12,13 speak twice 22 special meeting•13,15,16,26,34,35 surprise•12 w surprises•12,22,30 waived•9,24,26 T withdraw the motion•23 written comments•17,18,29 table•23,29 Page 60 of 62 Endnotes: 1 RCW 42.30.110—Open Public Meeting Act,Executive Sessions 2 RCW 42.30.140- Open Public Meeting Act, 3 RCW 35A.13.035-Optional Municipal Code(35A)—Council-manager plan of government 4 RCW 42.52—Ethics in Public Service 5 RCW 42.56—Public Records Act 6 RCW 35A.12.160 Optional Municipal Code(35A)—Council manager plan of government;public notice of hearings and meeting agendas RCW 35A.13.170—Optional Municipal Code (35A) —Council manager plan of government; council meetings — quorum,rules-voting RCW 35A.12.110—Council meetings shall meet regularly,at least once a month. 9 RCW 42.30.080—Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 1°RCW 35A.12.110—Council meetings shall meet regularly,at least once a month. 11 RCW 42.30.080-Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 12 RCW 42.30.080(3)—Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 13 RCW 42.30.090—Open Public Meetings Act,Adjournments 14 RCW 35A.13.170-Optional Municipal Code(35A)—Council mgr plan of gov't;meetings:quorum,rules,voting 15 35A.12.120—Council meetings,shall meet regularly,at least once a month 16 RCW 35A.12.060—A council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. 17 RCW 42.17A.555—Use of public office or agency facilities in campaigns—Prohibition—Exceptions 18 RCW 35A.12.120—Council—Quorum—Rules—Voting 19 RCW 35A.33.090—Emergency Expenditures—Other emergencies—Hearing. 20 RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money. 21 RCW 35A.13 -Council-manager plan of government. 22 RCW 35A.47.040—Franchises and permits—"no ordinance or resolution granting any franchise in a code city . . shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter,nor at any other than a regular meeting . . .nor without having been granted by the approving vote of at least a majority of the entire legislative body. 23 RCW 35A.13.170—passage of a franchise ordinance 24 RCW 35A.33.090—Emergency Expenditures—Other emergencies—Hearing. Page 61 of 62 zs RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money. 26 RCW 35A.13.030-Mayor—election—chair to be mayor—duties:Biennially at the first meeting of the new council members shall choose a chair from among their number;chair's title shall be mayor and preside at meetings. 2'RCW 35A.13—Council-manager plan of government. 28 RCW 35A.13.020—Mayor—election,chair to be mayor,duties 29 RCW 42.12.070—Filling nonpartisan vacancies 3o RCW 42.04.020—Eligibility to hold office. That no person shall be competent to qualify for or hold any elective public office within the state of Washington. ..municipal corporation or other district,...unless he or she be a citizen of the United States and state of Washington and an elector of such county, district, precinct, school district, municipality or other district or political subdivision. 31 RCW 35A.13.080—City manager powers and duties 32 RCW 35A.13.120—city manager—Interference by councilmembers 33 RCW 42.36.040—Public discussion by candidate for public office 34 RCW 42.17A.005—`compensation' includes payment in any form for real or personal property or services of any kind 35 RCW 42.23.070— `prohibited acts'—no municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law. Page 62 of 62 DRAFT ADVANCE AGENDA as of July 2,2020; 8:30 a.m. Please note this is a work in progress;items are tentative To: Council& Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings July 14,2020,Formal Meeting Format,6:00 p.m. [due Tue July 71 Proclamation: Parks and Recreation Month 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration: Potential Grant Oppor: Transp.Improvement Board(TIB)—A.Jackson (15 minutes) 3.Motion Consideration: Barker Road Widening Bid Award—Bill Helbig (10 minutes) 4.Admin Report: Council Goals&Priorities for Use of Lodging Taxes—Chelsie Taylor (15 minutes) 5.Admin Report: Advance Agenda—Mayor Wick (5 minutes) July 21,2020, Study Session, 6:00 p.m. [due Tue July 141 1.Advance Agenda (5 minutes) July 28,2020,Formal Meeting Format,6:00 p.m. [due Tue July 211 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration: Council Goals&Priorities for Use of Lodging Taxes—Chelsie Taylor (10 minutes) 3.Admin Report: Advance Agenda—Mayor Wick (5 minutes) 4. Info Only: Department Monthly Reports [*estimated meeting: 20 mins] August 4,2020, Special Meeting: Budget Workshop 8:30 a.m.—2:30 p.m. [due Tue July 281 August 4,2020,Study Session, 6:00 p.m. - Cancelled August 11,2020,Formal Meeting Format,6:00 p.m. [due Tue Aug 41 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report: Advance Agenda—Mayor Wick (5 minutes) August 18,2020, Study Session,6:00 p.m. [due Tue Aug 111 1. Council 2021 Budget Goals—Chelsie Taylor (20 minutes) 2.Advance Agenda—Mayor Wick (5 minutes) August 25,2020,Formal Meeting Format, 6:00 p.m. [clue Tue Aug 181 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report: Advance Agenda—Mayor Wick (5 minutes) 3. Info Only: Department Monthly Reports Sept 1,2020, Study Session,6:00 p.m. [due Tue Aug 251 1.Advance Agenda—Mayor Wick (5 minutes) Sept 8,2020,Formal Meeting Format,6:00 p.m. [due Tue Sept 11 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report: Estimated Revenues&Expenditures,2021 Budget—Chelsie Taylor (15 minutes) 3.Admin Report: Advance Agenda—Mayor Wick (5 minutes) Sept 15,2020, Study Session,6:00 p.m. [due Tue Sept 81 1. Outside Agency Presentation(max 5 minutes each)—Chelsie Taylor (—60 mins) 2.Advance Agenda—Mayor Wick (5 minutes) Sept 22,2020,Formal Meeting Format,6:00 p.m. [due Tue Sept 151 1. Public Hearing#1 —2021 Budget Revenues and Property Taxes—Chelsie Taylor (15 minutes) Draft Advance Agenda 7/2/2020 11:07:26 AM Page 1 of 2 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Motion Consideration: Set 2021 Budget Hearing#2 for Oct 27—Chelsie Taylor (5 minutes) 4.Admin Report: Washington State Dept. of Trans Land Acquisition,Flora Road—C. Driskell (10 minutes) 5.Admin Report: Advance Agenda—Mayor Wick (5 minutes) 6. Info Only: Department Monthly Reports [*estimated meeting: 40 mins] Sept 29,2020, Study Session,6:00 p.m. [due Tue Sept 221 1. Proposed Ordinance Adopting 2021 Property Taxes—Chelsie Taylor (10 minutes) 2.Advance Agenda—Mayor Wick (5 minutes) Oct 6,2020, Study Session,6:00 p.m. [due Tue Sept 291 1.Admin Report: City Manager Presents 2021 Preliminary Budget—Mark Calhoun (60 minutes) 2.Advance Agenda—Mayor Wick (5 minutes) Oct 13,2020,Formal Meeting Format,6:00 p.m. [due Tue Oct 61 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report: Advance Agenda—Mayor Wick (5 minutes) Oct 20,2020, Study Session,6:00 p.m. fdue Tue Oct 131 1.Advance Agenda—Mayor Wick (5 minutes) Oct 27,2020,Formal Meeting Format, 6:00 p.m. [due Tue Oct 201 1. Public Hearing#2—2021 Budget—Chelsie Taylor (15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.First Reading Property Tax Ordinance—Chelsie Taylor (10 minutes) 4.Admin Report: 2020 Budget Amendment—Chelsie Taylor (10 minutes) 5.Admin Report: Advance Agenda—Mayor Wick (5 minutes) 6. Info Only: Department Monthly Reports [*estimated meeting: 40 mins] Nov 3,2020, Study Session,6:00 p.m. fdue Tue Oct 271 1.Advance Agenda—Mayor Wick (5 minutes) Nov 10,2020,Formal Meeting Format,6:00 p.m. [due Tue Nov 31 1. Public Hearing: 2020 Budget Amendment—Chelsie Taylor (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Property Tax Ordinance—Chelsie Taylor (10 minutes) 4.First Reading Ordinance 2020 Budget Amendment—Chelsie Taylor (10 minutes) 5.First Reading Ordinance Adopting 2021 Budget—Chelsie Taylor (10 minutes) 6.Motion Consideration: Allocation of Outside Agency Grants—Chelsie Taylor (15 minutes) 7.Admin Report: Advance Agenda—Mayor Wick (5 minutes) *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Naming City Facilities Protocol Arts Council Sculpture Presentations Park Lighting Art Sculptures Placements PFD Presentation Artwork&Metal Boxes SPEC Report/Update Comp Plan Amendments St. Illumination(owners,cost,location) Core Beliefs Resolution St. O&M Pavement Preservation COVID Impacts,Hospitals Tourism Venues(12/8/2020) Donation Recognition Trunk or Treat Fee Resolution Cost of Service Analysis Utility Facilities in ROW Flashing Beacons/School Signage Water Districts&Green Space Health District Re SV Stats Way Finding Signs Mirabeau Park Forestry Mgmt. 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