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2021, 04-06 Study Session MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday,April 6,2021 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via Zoom meeting. Attendance; Councilmembers Staff Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager Pam Haley, Councilmember Erik Lamb, Deputy City Attorney Tim Hattenburg Councilmember Bill Helbig, City Engineer Rod Higgins, Councilmember Dave Ellis, Police Chief Linda Thompson, Councilmember Morgan Koudelka, Sr. Admin.Analyst Arielle Anderson,Housing/Homeless Coord. Absent: Chad Knodel,IT Manager Arne Woodard, Councilmember Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Woodard. It was moved by Councilmember Higgins, seconded and unanimously agreed to excuse Councilmember Woodard from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the agenda. PROCLAMATION: Mayor Wick read the National Public Health Week proclamation, which was received with thanks from Interim Health Officer Dr.Frank Velazquez. ACTION ITEMS: 1. First Reading Ordinance 21-004 Amending Camping Regulations — Erik Lamb, Morgan Koudelka, Arlene Anderson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to advance Ordinance No. 21-004, adopting amendments to chapter 7.50 SVMC, to a second reading. After Deputy City Attorney Lamb went over the highlights and background of the proposed changes, he introduced Ms. Anderson,newly hired Homeless and Housing Coordinator. Mr.Lamb noted that a change Council will see in the second reading will be in 7.50.030A which will include clarifying language that the City may remove personal belongings, garbage and other items without advance notice when the items or camp presents a significant risk of harm. Senior Administrative Analyst Koudelka stressed that the intent of these regulations is not to punish those living unsheltered; but this provides a safer environment for everyone and provides the City tools to encourage those camping in public spaces to engage with outreach services to start moving in the direction of existing homelessness. Ms. Anderson mentioned what our homelessness issues look like including the wait time for housing; she also mentioned the criticalness of the Community Management Information System(CMIS) database of service providers and organizations addressing the social service needs of the homeless. Mayor Wick asked if there were any public comments. City Clerk Bainbridge said that one person signed up to speak. Ms. Jennifer Wilcox, Spokane Valley: expressed her support of the motion to bring this ordinance forward to a second reading;said she has worked with nonprofits who work with homelessness issues, and she is encouraged by the City working to ensure the rights of the homeless while protecting other members of the public's rights to safety; said she likes the definitions and the ordinance provides clear guidance,and she expressed thanks for the hard work and time that went into this ordinance. Council Meeting Minutes, Study Session: 04-06-2021 Page 1 of 3 Approved by Council: 04-27-2021 Councilmember Haley asked about enforcement, and Mr. Lamb said if a criminal penalty would be imposed, this would be enforced by the police; said staff is still working on implementing a procedure for the removal of storage items, and that Senske has also helped with garbage removal in parks. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2.Motion Consideration: Bid Award,Park Road Sidewalk Project—Bill Helbig It was moved by Deputy Mayor Peetz and seconded to award the Park Road Sidewalk Project CIP#0301 construction contract to Wm. Winkler Co. in the amount of$350,667 and authorize the City Manager to finalize and execute the construction contract pending TIB approval. City Engineer Helbig went over the background of the bid, and that we received three bids with Wm. Winkler submitting the lowest total bid. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Motion Consideration: Potential Grant Opportunity, SRTC Preservation Call for Projects—Bill Helbig It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager or designee to finalize and submit applications to SRTC for the three projects identified in Table 1 [i.e. (1) Broadway Road at I- 90, Fancher to Park; (2) Sprague Avenue, Havana to Fancher; and (3) Evergreen Road, Broadway to Mission]. City Engineer Helbig explained the background of this call for projects, and that the three listed projects meet the grant criteria.There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4.Motion Consideration: Purchase of Police Body Worn Cameras—Chief Ellis,Morgan Koudelka It was moved by Deputy Mayor Peetz and seconded to authorize Spokane County and the Sherfto purchase body worn cameras for all uniformed Spokane Valley dedicated police officers and bill the City for 40%of all associated Sheriff's Office costs at the time they are incurred. Senior Administrative Analyst Koudelka explained that these body worn cameras would be for all uniformed personnel in County and shared units; and that the Sheriff and Police Chief are asking Council to consider the purchase for officers in Spokane Valley dedicated units; that the Board of County Commissioners prefer that Council authorize the upfront payment of purchase and implementation costs rather than paying for the deprecated costs over the useful life of the equipment; and that if we agree, the County will cover 60% of the costs for the first five years, and our share would be $410,000 for the first year and $318,000 for each subsequent year. Mr. Koudelka noted if Council agrees with this purchase,our finance director would come back with a budget amendment. Police Chief Ellis added that these cameras are good insurance for officers to be able to show and highlight the good work of the officers, and for the public as well. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON-ACTION ITEMS: 5.Abandoned Shopping Carts—Erik Lamb Deputy City Attorney Lamb went through his PowerPoint explaining about abandoned shopping carts and that the City has received reports about carts on private property and in City rights-of-way which creates a health and safety issue, and that many carts are filled with trash. He noted our authority to regulate issues such as this;that he researched how other cities are handling this issue;said he would be looking to Council to determine whether to include a fee deferral for a limited number of carts if security measures are implemented; mentioned the outcome of his contact with several local retailers concerning any security measures they might have implemented; went over some other considerations for our City such as fines and/or fees; and said our goal is to have this as a cost neutral process; that we do not have staff resources to pick up carts, but we could issue a Request for Proposal for an independent contractor to handle the removal of the carts. Several Councilmembers mentioned that they favor the idea of fee deferrals and incentives,and Mr.Lamb added that the issue is taking shopping carts illegally and that this is not a problem solely related to homelessness. Councilmember Higgins suggested looking into the idea of a subscription service,where they pay a fee and we pick up the carts.Mr. Lamb also mentioned that if we implement this, it would be city-wide; said he has not talked about who might provide impoundment and pick up services, but wanted to see if Council is interested in pursuing this before he continued with further research. Mayor Council Meeting Minutes,Study Session: 04-06-2021 Page 2 of 3 Approved by Council: 04-27-2021 Wick said he also likes the idea of not having the City involved; and there was Council consensus to move forward. 6.In-person Council Meetings—Mark Calhoun,Erik Lamb City Manager Calhoun began by explaining that he has received some comments about the desire to move back to in-person Council meetings, in that we have not had in-person meetings for over a year. He noted that Deputy City Attorney Lamb and IT Manager Knodel have put some information together about how we might be able to have in-person Council meetings, and that there are several steps to take to accomplish that.Mr. Lamb went over the background leading up to our remote meetings,and of the current Open Public Meetings Act (OPMA) rules; and what it would take to have in-person meetings, all as shown on his Request for Council Action form. Mr. Knodel then discussed the zoom component and how IT might be running the meeting,with a camera view of the full room in chambers instead of individual members; and that we would still be required to conduct a zoom meeting for those who want to join remotely; for in- person meetings, all would be required to correctly wear face coverings which at times makes it difficult to hear over the microphones. There was Council discussion about the pros and cons of in-person meetings; that it would require more staff to sanitize the podium and microphones after each citizen spoke, as well as monitor citizens to ensure masks were worn correctly. Several Councilmember expressed their opinion that they are surprised at the limitations, and feel it is not worth trying to conduct both in-person and remote meetings at his time. There was Council consensus to remain with the status quo of only conducting the remote meetings, until or unless further guidance changes. 7.Advance Agenda—Mayor Wick Mayor Wick mentioned the draft AWC (Association of Washington Cities) letter to legislative budget leaders, which letter was distributed earlier to Councilmembers, and there were no objections to the Mayor signing the letter on behalf of our City. The Spokane Regional Law&Justice Council was also discussed pertaining to the inclusion of community voices, and to learn more about what is happening with this committee. Mr. Calhoun added that we are considered a small city and City Attorney Driskell is the small city representative;said staff will work on an administrative report about the history,mission,and proposal. There was a consensus to add this to the advance agenda. 8. Finance Department Report The Finance Department report was for information only and was not discussed or reported. 9. Council Comments Mayor Wick Mayor Wick and Council extended congratulations and kudos to several area athletic teams. 10. City Manager Comments—Mark Calhoun City Manager Calhoun reported that we received notice from AWC, which handles our employee benefit trust,that we received a Well City Award for 2021,which recognition also provides us with a 2% discount on health insurance premiums, and he extended thanks to our Human Resources staff who encouraged participation in the programs. A video was then shown of the Barker Road Grade Separation Project. 11. Executive Session: Review the performance of a public employee It was moved by Deputy Mayor Peetz and seconded to adjourn into executive session for approximately sixty minutes to review the performance of a public employee, and that no action will be taken upon return to open session. Council adjourned into executive session at 7:54 p.m. At 9:18 p.m.Mayor Wick declared Council out of executive session at which time it was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. LI') Ben Wick, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Study Session: 04-06-2021 Page 3 of 3 Approved by Council: 04-27-2021 t A r■� . 1 ® ■; ASSOCIATION ® I ' OF WASHINGTON C I I I E S 1076 Franklin Street SE•Olympia,WA 98501-1346 April 9, 2021 Senator Rolfes, Chair,Ways & Means Committee Representative Ormsby, Chair, Appropriations Senator Wilson, Ranking member,Ways & Means Committee Committee Representative Stokesbary, Ranking member, Senator Frockt, Vice Chair Capital,Ways& Means Appropriations Committee Committee Representative Tharinger, Chair,Capital Budget Senator Robinson,Vice Chair Operating& Revenue, Committee Ways&Means Committee Representative Steele, Ranking member, Capital Senator Honeyford,Assistant Ranking member Budget Committee Capital,Ways & Means Committee Representative Fey, Chair,Transportation Senator Hobbs, Chair,Transportation Committee Committee Senator King, Ranking member,Transportation Representative Barkis, Ranking member, Committee Transportation Committee Legislative Budget Leaders: On behalf of city officials,we want to thank you for your work in crafting biennial operating, capital,and transportation budgets focused on statewide priorities that also address city funding priorities.We appreciate your efforts to recognize cities as governance partners committed to serving all our state's residents. We know that these are uniquely challenging times and, like you, city officials welcome the opportunities that come with a recovering economy and federal relief funding. Cities appreciate the investments you are making in important city programs.We also recognize your efforts to fund policy priorities that have cost impacts on cities. We respectfully request the following funding approaches to ensure that cities around the state can help carry out the Legislature's policy goals and effectively serve our communities. City assistance Cities appreciate the legislature's commitment to continue to fund revenue sharing with cities. Additionally,the House budget sets aside$58 million for cities for costs related to new legislative mandates, including changes in policing and new Growth Management Act (GMA) planning requirements. Cities are grateful for this investment to alleviate the costs of the new mandates. We urge the Legislature to retain this critical funding in the final budget. Police reforms and law enforcement training Cities have been engaged stakeholders in legislative work around police reforms and support many of the proposals. However, several of the reforms require real investment at both the state and local levels to achieve tangible goals.We urge you to fully fund the various agency funding needs that are necessary for successful implementation, including: 360.753.4137 800.562.8981 wacities.org Legislative Budget Leadership Page 2 April 5, 2021 • $609,000 to develop a use of force model policy(HB 1310). • $111,000 to develop model policies for use of police tactics and equipment(HB 1054). • $4.5 million for managing state oversight and accountability of law enforcement and creating a new process for decertifying police officers(SB 5051); however,the Criminal Justice Training Commission (CJTC)estimates an additional $1.7 million needed to cover these costs. • $920,000 for developing training for police officers and their duty to intervene (SB 5066). • $750,000 for CJTC to develop the cognitive command training tool, a web-based app accessed via a handheld or desktop device,to facilitate timely, efficient training for police officers.The app can reduce local training costs by reducing travel and time away from regular duties. We ask that you add the additional funding requested by the CJTC to fully fund the implementation of SB 5051 and the development of the online training app. Cities also ask for full funding of 15 classes per year for the Basic Law Enforcement Academy. Cities continue to experience turnover and retirements in our departments, necessitating hiring new recruits. 15 classes per year will help alleviate training delays and put officers on streets in a timely manner. Growth Management Act Several proposals are advancing through the legislative process that add new city planning responsibilities under the GMA.We ask that the Legislature include the necessary additional state and local agency funding critical to supporting the new planning mandates. • $17.2 million for implementing HB 1117, integrating salmon recovery into GMA. • $6.3 million for implementing HB 1099, integrating climate change into GMA • $325,000 for implementing HB 1220, requiring more extensive affordable housing planning under GMA. Cities ask that you ensure full funding for these new planning requirements in the final budget and the commitment to necessary funding in upcoming years so that we can adequately implement these important policy goals.We are continuing to work to define exact funding needs for this biennium in recognition of grant timing issues with the Department of Commerce. Blake decision and legislative action on possession of controlled substances The recent Blake decision by the State Supreme Court has upended our statewide approach on the legality of possession of controlled substances. Cities understand that the Legislature is now grappling with how to respond and what policy to adopt. Cities support a treatment-based approach and urge the Legislature to provide the necessary funding to stand up a comprehensive statewide system. Housing&utilities support Prior to the COVID-19 pandemic, communities throughout the state were already facing a housing affordability and stability crisis and an overburdened homelessness response system. Clearly,the crisis has become more acute. Cities support the significant investments being made to address housing stability through rental assistance, as well as funds for affordable housing and emergency housing programs. The housing crisis created by the pandemic is also a utilities crisis—the emergency shutoff moratorium for utilities has caused a near doubling of delinquent accounts at city-owned utilities. Utilities need specific dedicated funding to help residents with these delinquent accounts so we can keep the lights and water running without negatively impacting all ratepayers. Legislative Budget Leadership Page 3 April 5, 2021 Infrastructure funding Year after year, infrastructure funding continues as one of cities' most significant needs.The Public Works Assistance Account (PWAA) is a crucial funding source in our efforts to provide the necessary infrastructure for our communities.We encourage the Legislature to fund the PWAA in addition to other critical infrastructure programs. Local transportation needs Cities understand that the transportation budget has been hit hard by the pandemic; nevertheless, we encourage the Legislature to retain funding for important programs that support local transportation maintenance and improvements including the Transportation Improvement Board and Safe Routes to Schools. City leaders from across the state recognize the need for a statewide transportation package to address the growing state and local transportation needs. Thank you for your support for cities.We hope that you can support these important city funding requests in your final 2021-2023 budgets. City officials are committed to a strong partnership with the state to provide the programs and services our residents need. Sincerely,