2021, 12-07 special 5 pm with legislators MINUTES
City of Spokane Valley
City Council Special Meeting
5:00 p.m. Tuesday, December 7,2021
Mayor Wick called the meeting to order at 5:00 p.m. The meeting was held in person in Council Chambers,
and also remotely via Zoom meeting.
Attendance:
Councilmembers: Staff:
Ben Wick,Mayor John Hohman,Deputy City Manager
Brandi Peetz, Deputy Mayor Cary Driskell, City Attorney
Pam Haley, Councilmember Erik Lamb, Deputy City Attorney
Tim Hattenburg, Councilmember Dave Ellis,Police Chief
Rod Higgins, Councilmember
Linda Thompson, Councilmember
Arne Woodard, Councilmember Honored Guests:
Senator Mike Padden
Others in Attendance: Representative Bob McCaslin, Jr.
Lobbyist Briahna Murray, Gordon Thomas Honeywell Representative Rob Chase
Councilmember Elect Laura Padden
ROLL CALL: City Clerk Bainbridge called the roll; all Councihnembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to
approve the agenda.
WELCOME: Mayor Wick welcomed everyone to the meeting.
DISCUSSION: Spokane Valley's 2022 State Legislative Agenda
Mayor Wick began the discussion with the Pines Road Grade Separation Project,which included mention
from Mr. Hohman that next Tuesday Council will be given a presentation from our lobbyist Cardinal
Infrastructure on the bipartisan infrastructure bill to try to find any opportunity for additional federal
funding for that project. Ms. Murray added that there has been ongoing discussion around transportation
funding,and although$19.3 million is a large request,a state contribution would better position the project.
Procurement Guidance and Assistance: Deputy Mayor Peetz explained that this is in reference to the law
concerning accepting the lowest responsible bidder and that we would like to have a better process in
choosing a bidder. City Attorney Driskell added that we are looking for amendments to allow us to better
qualify the bidders on some of our projects,to get more reliability and a quality bidder, Ms.Murray stated
that she is anticipating a mechanism to be brought to the legislature for technical assistance in going through
the bidding process; said there is usually tension between the contractors who want consistency in the
bidding laws, but other public agencies want more flexibility on trying to get the lowest costs, adding that
general contractors might also have some concerns.
Defend Local Control: Councilmember Woodard said our City has always defended our ability to have
local control, but now there seems to be a push by the legislature and the Governor to make all cities alike,
which he said doesn't allow for individuality as it eliminates flexibility;he suggested having the focus more
on incentives and what would be preferred plans to help communities move toward those development
areas instead of mandates;said he encourages legislators to help in any way possible to remove compulsory
language like must. Senator Padden stated that he thinks we all strongly support that item; that a contract
city such as ours should not be controlled by the larger cities. Ms. Murray explained that some proposals
might be introduced next session about mandating increased density with the single family zone, while
another would pre-empt cities'regulations on accessory dwelling units to eliminate a city's ability to require
owner/occupancy; she said many proposals are originating in the 1-louse and thus far the bills have not
passed into law.
Council Minutes,Special Meeting: 12-07-2021 Page 1 of 2
Approved by Council: 12-21-2021
Protect and Restore Local State-Shared Revenues: Councilmember Hattenburg said that in the meeting he
attended of the Growth Management Steering Committee of Elected Officials, our City was complimented
with its process of infill and growth management and that we are going down the right path; he also urged
the continuation of protecting and restoring local state-shared revenues. Ms. Murray noted that given the
status of the operating budgets, it is hoped that there will not be any cuts next legislature.
Amend State Law Regarding Municipal Utility Taxing Authority.City Attorney Driskell distributed copies
of a proposed new section to chapter 36.94 relating to taxation of county utility systems; he explained that
we and other cities have been fighting the concept of imposing a utility tax on Spokane County's sewer
treatment, which is located in the City of Spokane, but only includes 23 properties in that city which are
served by that facility; said the facility is owned by the County and all Spokane Valley citizens are
customers,as are the citizens in Millwood and about 1,000 properties in Liberty lake that are served by that
facility; he suggests looking at options to address this in 36.58.080; said proposed language would prohibit
county owned sewage facilities and water facilities and revenues to be subject to any tax or excise imposed
by any city or town; said he would like to work with the Senator on this;that the City of Spokane imposing
a tax on our residents is untenable and he is trying to come up with solutions to block that. Senator Padden
said he fully support this and doesn't believe the City of Spokane can have taxation without representation;
he also suggested Mr. Driskell work on a new title. Senator Padden asked if there has been legal action
brought about because of this and Mr. Driskell said that remains a possibility; said he is happy to look at
changing the title and would like to take the most targeted approach possible as he doesn't want any
unintended consequences; said he feels that very few cities would be as bold as the City of Spokane to
suggest such a tax. Senator Padden said he thinks push back might be so strong that they might regret it;
that the cities in the Fourth District are usually in agreement, and he hopes all involved understand the
potential consequences.
Support Clarifying Legislation to Maintain Public Safety. Councilmember Haley said there have been a lot
of discussions about what happened with the new legislation and the unintended consequences; said we
would support clarifying language on the law enforcement related bills recently enacted. Ms. Murray said
she anticipates several bills will be introduced and she is looking at those drafts to provide feedback; said
the goal would be to create clarifying language and restore the ability of law enforcement to their caretaking
roles;said as the conversations continue,she will provide more feedback. Senator Padden said the majority
party realizes in some aspects they went too far and they are willing to make some adjustments, but that he
feels they have not gone far enough. Ms. Murray stated they also didn't have a great deal of understanding
that some jurisdictions are contract jurisdictions.
Amend Growth Management Act Relating to Addressing Significant Population Fluctuations. City
Attorney Driskell said there has been a population explosion in our area and we are running up against
limitations on the County's ability to increase the population allocation in our growth management area;
said we will be looking for opportunities to influence the legislation in that regard; that he is working with
outside counsel on what that might look Iike so there will be more on this issue in the near future.
Senator Padden thanked the City and Ms. Murray for the help on the recent bill concerning restrictions on
construction for condos as that promotes home ownership so people can feel like they own something and
are part of the community. Mayor Wick thanked everyone for attending.
It was moved by Deputy Mayon Peetz, seconded and unanimously agreed to adjourn. The meeting
adjourned at 5:47 p.m.
ATT401 of
Ben Wick, Mayor
C rrstine Bainbridge, City Clerk
Council Minutes,Special Meeting: 12-07-2021 Page 2 of 2
Approved by Council: 12-21-2021