2023, 08-15 Study Session AgendaAGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Tuesday, August 15, 2023 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at CenterPlace Regional Event Center Great Room
2426 N Discovery Place
Spokane Valley, WA 99216
Council Requests Please Silence Four Cell Phones During Council Meeting
NOTE: Members of the public may attend Spokane Valley Council meetings in -person at the address
provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -
person or via Zoom as described below. Public comments will only be accepted for those items noted on
the agenda as "public comment opportunity." If making a comment via Zoom, comments must be received
by 4:00 pm the day of the meeting.
• Sign up to Provide Oral Public Comment at the Meeting via Calling -In
• Submit Written Public Comment Prior to the Meeting
Join the Zoom WEB Me
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any
subject except agenda action items, as public comments will be taken on those items where indicated. Please
keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions
or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to
three minutes per person. To comment via zoom: use the link above for oral or written comments as per those
directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign -in
sheet will be provided at the meeting.
ACTION ITEMS:
1. Motion Consideration: MOU w/Spokane County Water Dist. 3 Local Streets — Bill Helbig
[public comment opportunity]
2. Motion Consideration: MultiCare 340B MOU — Tony Beattie
[public comment opportunity]
NON -ACTION ITEMS:
3. Admin Report: TPA Update — Lesli Brassfield
4. Admin Report: Opioid Abatement Council MOU— Erik Lamb, Tony Beattie
5. Admin Report: Parking on Private Property — Bill Helbig, Caitlin Prunty & Jenny Nickerson
6. Advance Agenda — Mayor Haley
COUNCIL COMMENTS
CITY MANAGER COMMENTS
EXECUTIVE SESSION: [RCW 42.30.110(1)(b)] Potential Acquisition of Real Estate.
Proposed Motion: I move that Council adjourn into executive session for approximately 15 minutes to
discuss potential acquisition of real estate and that no action will be taken upon return to open session.
ADJOURN
Council Agenda August 15, 2023 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 15, 2023
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: Memorandum of Understanding — Spokane County
Water District #3
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
• May 30, 2023 — City Ordinance 23-011 amending 2023 City Budget, including $4,540,028 increase in
Fund 101 for Local Streets Program
BACKGROUND: As part of its 2023 Construction Program, Spokane County Water District No. 3
(SCWD#3) is constructing a project known as the Wardson Road and Buttercup Street Waterline
Replacement Project which overlaps City Street segments that are eligible for funding through the Local
Streets Program within City Street Fund 101. SCWD#3 developed the contract documents, plans and
specifications for their project and awarded the construction contract following public works procurement
processes.
The SCWD#3 project will result in a 10-foot, to 12-foot, wide asphalt trench patch over the length of the
project. City staff have evaluated the pavement condition along the route of the water district's project
and concluded that the streets being impacted by SCWD#3 are eligible candidates for full -width
pavement preservation measures.
City staff believes this to be an opportune time to preserve the identified streets, while minimizing the
impact to the travelling public. As coordinated with SCWD#3, instead of the project paving back 10'-12' of
trench, the scope of the district's pavement work will increase to preserve the pavement of the full road
width. The area of project work is shown in the attached figure as well as being included as part of the
Memorandum of Understanding (MOU).
SCWD#3 has agreed to include this pavement preservation scope of work as a Change Order to their
water project contract. This MOU establishes the agreement between the City and SCWD#3. As part of
the agreement, the City will contribute funds to the project, covering expenses related to the City's
requested pavement preservation work.
The City and SCWD#3 have estimated the total pavement preservation cost for the identified roadways to
be approximately $408,622, with the City's share being approximately $197,941, and SCWD#3's share
being approximately $210,681.
OPTIONS: 1) Move to authorize the City Manager to finalize and execute the Memorandum of
Understanding with Spokane County Water District #3 in substantially the same form as drafted; or 2)
Take other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute
the Memorandum of Understanding with Spokane County Water District #3 for 2023 Pavement
Preservation work in substantially the same form as drafted.
BUDGET/FINANCIAL IMPACTS: The City's work contemplated with this MOU is budgeted in Street
Fund 101, Local Streets Program. The total cost to the City is estimated not to exceed $197,940.77.
STAFF CONTACT: Bill Helbig, PE — City Engineer
ATTACHMENTS: Figure — Project Area
Memorandum of Understanding — Final Draft
Project Area
SCWD #3 Wardson Road/Buttercup Street Waterline
COSV Pavement Preservation
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY WATER
DISTRICT NO. 3 (SCWD#3) FOR THE PAVING OF SPOKANE VALLEY STREET
SEGMENTS IN CONJUCTION WITH THE WARDSON ROAD AND BUTTERCUP
STREET WATERLINE REPLACMENT PROJECT
WHEREAS, the CITY OF SPOKANE VALLEY (the CITY) has planned and budgeted for
local access street pavement preservation projects in 2023 to take place throughout the City
funded by the Local Streets Program of Spokane Valley Street Fund 101. The preservation work
will include asphalt removal, fine grading and placement of new 3" hot mix asphalt (HMA); and
WHEREAS, as a part of its 2023 Construction Program, SPOKANE COUNTY WATER
DISTRICT NO. 3 (SCWD#3) a Washington State Water District, is constructing a project known
as the Wardson Road and Buttercup Street Waterline Replacement Project, hereinafter
referred to as the WATER PROJECT, which overlaps City Street segments that are eligible for
funding through City Street Fund 101; and
WHEREAS, SCWD#3 will coordinate with the CITY to incorporate full -width pavement
preservation measures on those eligible road segments that overlap the WATER PROJECT;
and
WHEREAS, SCWD#3 will increase the WATER PROJECT contract scope of work to include
asphalt removal, fine grading, and placement of HMA on the road segments that overlap the
WATER PROJECT; and
WHEREAS, the CITY and the SCWD#3 agree that paving of the eligible street segments
with City local street program funds from Fund 101 and in conjunction with the WATER
PROJECT would benefit the ratepayers, taxpayers, and the traveling public by limiting delays
and inconvenience; and
WHEREAS, SCWD#3 developed contract documents, plans, and specifications for the
WATER PROJECT that SCWD#3 bid and awarded, following public work contract procurement
processes, to the winning contractor (the CONTRACTOR) in early 2023;
NOW, THEREFORE, the CITY and the SCWD#3 do hereby agree as follows:
ARTICLE 1 — PURPOSE & JOINT RESPONSIBILITIES
1.1 The purpose of this Memorandum of Understanding (MOU) is to provide for the cost
allocation, and responsibilities between the CITY and SCWD#3 relating to the preservation work
of certain streets described in section 1.2 below.
1.2 This Memorandum of Understanding (MOU) pertains to the following local street
segments:
Wardson Street — 191h Avenue to 161h Avenue.
Buttercup Street — South end to 161h Avenue.
191h Avenue — West end to Wardson.
Page 1 of 6
A figure delineating the street segments, and the portions each party is financially
responsible for is attached to this Memorandum of Understanding (MOU) as Exhibit A. The
work to be completed on these segments includes asphalt removal, fine grading and placement
of new 3" HMA. This work is hereinafter referred to as the ROADWAY PROJECT.
1.3 The Parties shall develop, review, and implement the ROADWAY PROJECT in
accordance with CITY Street Standards.
ARTICLE 2 — RESPONSIBILITY OF THE CITY
2.1 The CITY shall make payments to SCWD#3 as reimbursement for the portions of the
ROADWAY PROJECT for which the CITY is responsible pursuant to Exhibit A, and as delineated
in Exhibit B to this MOU. The CITY shall be responsible for payments up to $197,940,77 plus
applicable taxes, as outlined in Exhibit B.
2.2 The CITY shall review the appropriate Change Orders or Amendments associated with
the ROADWAY PROJECT that SCWD#3 drafts for the CONTRACTOR on the WATER
PROJECT.
2.3 The CITY shall promptly respond to any SCWD#3 ROADWAY PROJECT requests, in a
time and manner fitting the nature of the request. In no event shall the City take more than three
calendar days to respond to a SCWD#3 ROADWAY PROJECT request.
2.4 The CITY shall designate a "responsible person" who shall represent the City's interest
during the construction of the ROADWAY PROJECT.
2.5 The CITY shall provide secondary inspection and testing services for all work and
material involved in the ROADWAY PROJECT including HMA compaction testing and HMA
assurance testing in accordance with the Washington State Department of Transportation
(WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction.
2.6 The CITY shall be responsible for reimbursing SCWD#3 for costs directly associated
with a delay in the ROADWAY PROJECT caused by the actions of the CITY.
ARTICLE 3 — RESPONSIBILITIES OF SCWD#3
3.1 SCWD#3 shall be the administrator for the ROADWAY PROJECT work, and any
ROADWAY PROJECT work shall be coordinated with CITY. SCWD#3 shall designate a
"responsible person" who shall coordinate with the City during the design and construction of
the ROADWAY PROJECT.
3.2 SCWD#3 shall be responsible for developing the appropriate Change Orders or
Amendments for the WATER PROJECT to incorporate the ROADWAY PROJECT. Final
execution of Change Orders or Amendments will not take place until the documents are
reviewed and approved by the CITY.
3.3 SCWD#3 shall be responsible for the primary inspection and testing of all work and
materials involved in the ROADWAY PROJECT including HMA compaction testing and HMA
assurance testing in accordance with the WSDOT Standard Specifications for Road, Bridge,
and Municipal Construction. SCWD#3 shall measure the necessary pay items and include
items in the pay estimate. A copy of the full width HMA area field measurements shall be
Page 2 of 6
provided to CITY by the SCWD#3. After the inspections and testing pass, SCWD#3 shall not be
liable for any maintenance of the roadways or for any construction defects. Notwithstanding the
foregoing, this provision shall not affect the CITY's right to pursue remedies for such
construction defects from the CONTRACTOR.
3.4 SCWD#3 shall be responsible for adhering to all applicable rules, laws and regulations
including but not limited to prevailing wage laws pursuant to chapter 39.12 RCW, and public
works laws pursuant to chapter 39.04 RCW.
3.5 SCWD#3 shall be responsible for all costs directly associated with a delay in the
ROADWAY PROJECT caused by actions of SCWD#3.
ARTICLE 4 — ALLOCATION OF COSTS
4.1 This Memorandum of Understanding, once fully executed, shall establish a commitment
by City to reimburse the SCWD#3 for all costs related to the ROADWAY PROJECT that the
CITY is responsible for pursuant to Exhibit A and B, including all appropriate taxes. However, in
no instance shall the CITY be responsible to reimburse SCWD#3 for any work related to the
WATER PROJECT, including but not limited to the portions of the WATER PROJECT requiring
repaving of the street.
4.2 SCWD#3 shall prepare an invoice for the ROADWAY PROJECT that accurately reflects
the proportionate share of the CITY's responsibility. The ROADWAY PROJECT quantities shall
be based upon the tabulations of pay quantities as provided by SCWD#3 and coordinated with
the CITY pursuant to Exhibit B.
4.3 SCWD#3 shall include copies of the signed pay estimates as attachments to invoices to
the CITY. The CITY shall pay SCWD#3 within 30 days of the receipt of the invoice.
4.4 SCWD#3 shall obtain a permit from the CITY to perform work within the CITY'S right-of-
way for the contracted scope.
ARTICLE 5 — DURATION
This Agreement shall terminate upon the completion of the construction project provided for
hereunder and completion of payments under the prevailing wage laws, provided that any
warranties from the contractor to SCWD#3 or the CITY shall continue in full force and effect.
ARTICLE 6 — MISCELLANEOUS PROVISIONS
6.1 PURPOSE: See Article 1
6.2 DURATION: See Article 5
6.3 No separate legal entity is created pursuant to this MOU.
6.4 RESPONSIBILITIES OF PARTIES: See Articles 2 & 3.
6.5 ADMINISTRATION: See 2.4 & 3.1.
Page 3 of 6
6.6 TERMINATION: A Party hereto may terminate this Agreement for a breach upon 60
days' notice to the other Party, provided that each Party shall have the right to rectify any
breach prior to the end of the 60 days' notice period.
6.7 Upon termination SCWD#3 shall own all waterlines acquired by SCWD#3 related to the
WATER PROJECT, and the CITY shall retain all rights, privileges and responsibilities in the
public rights -of -way and improvements thereon. Nothing herein shall be construed as the CITY
granting any ownership rights, privileges, easements, or otherwise to SCWD#3 or any third
party.
The Parties have executed this MOU this day of , 2023.
CITY OF SPOKANE VALLEY:
John Hohman, City Manager
ATTEST:
Marci Patterson, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
SPOKANE COUNTY WATER DISTRICT #3:
Kelly Williquette
General Manager, Spokane County Water District No. 3
Page 4 of 6
EXHIBIT A
Project Area
Page 5 of 6
EXHIBIT B
Cost Allocations
Agency
Pay Item
Quantity
Unit Price
Total Cost
Total Road Resurfacing Cost (w/ 10% Construction Contingency)
New base rock in trenched areas only
$ 408,621.43
AC Pavement Removal
4001
$6.00
$ 24,006.00
HMA CL 1/2" PG 64-28 (Includes
SCWD #3
Asphalt, Base Rock, and Fine
Grading)
4001
$41.87
$ 167,521.87
10% Construction Contingency
$ 19,152.79
Total SCWD #3 Share
$ 210,680.66
AC Pavement Removal
5871
$6.00
$ 35,226.00
HMA CL 1/2" PG 64-28 (Asphalt
Only)
5871
$20.75
$ 121,823.25
City of
Spokane
Valley
Fine Grading
5871
$3.90
$ 22,896.90
10% Construction Contingency
$ 17,994.62
Total Spokane Valley Share
$ 197,940.77
The quantities listed above are based on pavement cuts shown on
(updated to address gas conflicts in Wardson and 19th). Required
established based on the Regional Pavement Cut Policy. Final
allocations will be developed at the conclusion of construction.
the most recent plans
pavement cuts were
quantities, costs, and
Page 6 of 6
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 15, 2023 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 - MultiCare Valley Hospital Memorandum of
Understanding
GOVERNING LEGISLATION: Section 340B of the Public Health Service Act (42 U.S.C. §256b)
PREVIOUS COUNCIL ACTION TAKEN: Administrative report on August 8, 2023.
BACKGROUND: MultiCare Valley Hospital desires to participate in a drug discount program
established under Section 340B of the Public Health Service Act. The 340B Programs allow
eligible entities to acquire outpatient drugs at significantly reduced rates. As a private non-profit
hospital, MultiCare must have an agreement with a local government whereby MultiCare commits
to provide healthcare services to low-income patients who are neither entitled to benefits under
Medicare (Title XCIII of the Social Security Act (SSA)), nor eligible for assistance under Medicaid
(Title XIX of the SSA). MultiCare Valley Hospital desires to make a formal commitment to the City
of Spokane Valley to continue providing healthcare services to indigent, uninsured and
underinsured residents through the proposed MOU.
OPTIONS: (1) Move to approve the MultiCare Valley Hospital MOU and authorize the City
Manager or designee to execute the same in substantially the form provided; or (2) take other
action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Move to approve the MultiCare Valley Hospital MOU
and authorize the City Manager or designee to execute the same in substantially the form
provided.
BUDGET/FINANCIAL IMPACTS: Staff believe there are little to no administrative costs or budget
impacts to the City.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS: Memorandum of Understanding Between City of Spokane Valley and
MultiCare Health System
MEMORANDUM OF UNDERSTANDING
BETWEEN
City of Spokane Valley
AND
MultiCare Health System
THIS AGREEMENT is made by and between City of Spokane Valley, an agency of the
State of Washington, located at 10210 E Sprague Ave, Spokane Valley, WA 99206, and MultiCare
Health System, d/h/a MultiCare Valley Hospital ("Hospital"), a non-profit corporation organized
and existing under the laws of the State of Washington.
RECITALS:
WHEREAS, Hospital provides a disproportionate share of healthcare services to low-
income patients with special needs and participates in programs that benefit the indigent, uninsured
or underinsured population in the State of Washington;
WHEREAS, Hospital has accepted a Certificate of Need from the State of Washington,
pursuant to which Certificate the Hospital has committed to serving low-income patients with
special needs, all in accordance with the provisions of the Hospital's Certificate of Need and in
accordance with its license issued by the Department of Health;
WHEREAS, Hospital desires to participate in the drug discount program established under
Section 340B of the Public Health Services Act ( the "34013 Program");
WHEREAS, in order to participate in the 340B Program, Hospital must have in place
an agreement with a unit of state or local government pursuant to which Hospital commits to provide
healthcare services to low-income individuals who are neither entitled to benefits under Medicare
(Title XVIII of the Social Security Act (SSA)) nor eligible for assistance under Medicaid (Title XIX
of the SSA);
WHEREAS, Hospital desires to make such a formal commitment to the City of Spokane
Valley; and
WHEREAS, City of Spokane Valley desires to clarify and confirm its relationships with
the Hospital, and agrees to accept such commitment on behalf of the citizens of the City of
Spokane Valley.
NOW, THEREFORE, in consideration of the mutual agreements and covenants
contained herein and for other good a valuable consideration, the receipt and sufficiency of which
hereby are acknowledged, it is mutually agreed and covenanted, under seal, by and between the
parties to this Agreement, as follows:
1. Commitment of Hospital to Provide Care to the Indigent, Uninsured, and
Underinsured.
During the term of this Agreement, Hospital agrees to continue its historic
commitment to the provision of healthcare to indigent, uninsured and underinsured residents of
Spokane Valley including low-income residents who do not qualify for Medicaid or Medicare.
Pursuant to this commitment, the Hospital's commitment to provide care will extend to indigent,
uninsured and underinsured residents of the City of Spokane Valley, including low-income
residents who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for
assistance under the State plan of Title XIX of the Social Security Act.. In any event, Hospital will
assure that all patients will receive necessary care, as required by law, regardless of ability to pay.
2. Acceptance and Acknowledtements of City of Spokane Valley.
a. City of Spokane Valley accepts the commitment of Hospital set forth above; and
b. City of Spokane Valley shall provide to Hospital the name, title, email address, and phone
number of a government official who can certify the status of this Agreement, and execute
the attached Certification of Contract Form. The Health Resources and Services
Administration's Office of Pharmacy Affairs (OPA) will send to the government official an
email asking the government official to certify the status of this Agreement. City of Spokane
Valley will ensure that the government official responds to the email from OPA by certifying
the status of this Agreement within five days of receiving the email.
3. Representations of Hospital.
Hospital represents that as of the date hereof:
a. Hospital is a corporation duly organized and validly existing in good standing under the
laws of the State of Washington with the corporate power and authority to enter into and
perform its obligations under this Agreement; and
b. Hospital is a tax-exempt corporation of under Section 501(c)(3) of the Internal Revenue
Code of the United States, as amended and under applicable laws of State of Washington.
4. Term and Termination.
The term of this Agreement shall commence on the last date signed below, and shall continue
until one of the parties terminates this Agreement. This Agreement can be terminated by either party
upon not less than sixty (60) days' prior written notice to the other party. Hospital agrees to notify
the City of Spokane Valley promptly if it ceases to provide the healthcare services committed to
under this MOU. This MOU will terminate immediately if Hospital ceases to provide the healthcare
services committed to under this MOU. The City of Spokane Valley and Hospital reserve the right
to immediately terminate this MOU if Hospital ceases to be eligible for the 340B Program.
5. Notice.
All notices required or permitted to be given under this Agreement shall be deemed given
when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as
follows:
Sent to: City of Spokane Valley
Page 2 of 5
Attention: John Hohman
City Manager
10210 E Sprague Ave
Spokane Valley, WA 99206
jhohman@spokanevalleywa.gov
509-720-5300
Copy to: Marci Patterson
City Clerk
10210 E Sprague Ave
Spokane Valley, WA 99206
mpatterson@spokanevalleywa.gov
509-720-5102
Sent to: MultiCare Health System
d/b/a MultiCare Valley Hospital
Attention: Hospital President
12606 E Mission Ave.
Spokane Valley, WA 99216
Copy to: MultiCare Health System
d/b/a MultiCare Valley Hospital
PO Box 5299
MS: 315-PI-SCM
Tacoma, WA 98405
Attn: Contracts & Strategic Sourcing
ContractSupport &multi care. org
Phone: (253) 403-3322
6. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.
7. Entire Agreement.
This Agreement constitutes the entire agreement between the parties. This Agreement
replaces and supercedes all prior agreements and understandings with respect to the subject matter
of this Agreement.
SIGNATURE PAGE TO FOLLOW
Page 3of5
IN WITNESS WHEREOF, Hospital and the City of Spokane Valley have executed this
Agreement as of the day and year first written above by their duly authorized representatives.
MultiCare Health System d/b/a MultiCare Valley Hospital :
Name: Tim Lynch
Title: Sr VP -Chief Administrative Officer
City of Spokane Valley
Name:
Title:
Page 4 of 5
Department of Health and Human Services, Health Resources and Services Administration, Healthcare Systems Bureau OMB No.
0915-0327; Expiration Date: 10/31/2015 This registration form must be completed and submitted according to the established deadlines that are published
on the OPA website (Lvww.hrsa.Lov/opa).
OFFICE OF PHARMACY AFFAIRS (OPA)
CERTIFICATION OF CONTRACT BETWEEN PRIVATE, NON-PROFIT HOSPITAL AND
STATE/LOCAL GOVERNMENT TO PROVIDE HEALTH CARE SERVICES TO LOW INCOME
INDIVIDUALS
To demonstrate that the hospital meets the statutory definition of covered entity under section
34013(a)(4)(L)(i) as a private non-profit hospital which has a contract with a State or local
government to provide health care services to low income individuals, this certification must be
completed and signed by both parties.
MultiCare Valley Hospital
Name of Hospital
Spokane Valley, WA 99216
City, State, Zip
Pursuant to the requirement of Section 340B of the Public Health Service Act
(42 U.S.C. 256b), I certify that a valid contract (please provide contract number or
identifier if applicable # ) is currently in place between the private, non-
profit hospital named above, and the State or Local Government Entity named below,
to provide health care services to low income individuals who are not entitled to
benefits under Title XVIII of the Social Security Act or eligible for assistance under
the State plan of Title XIX of the Social Security Act. In addition, the authorizing
official certifies that when this contract is no longer valid, appropriate notice will be
provided to the Office of Pharmacy Affairs. The undersigned represents and confirms
that he/she is fully authorized to legally bind the covered entity and certifies that the
contents of any statement made or reflected in this document are truthful and
accu rate.
Signature of Hospital Authorizing Official Date
Tim Lynch, Sr VP -Chief Administrative Officer
Name and Title of Authorizing Official (e.g., CEO, CFO, COO) (please print or type)
Phone Number Ext. E-Mail Address
Signature of State or Local Government Official Date
Name of State or Local Government Official (please print or type)
Title and Unit of Government
Address
Phone Number Ext. E-Mail Address
Page 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 15, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Spokane Valley Tourism Promotion Area (TPA) 2023 Annual Summary
and Report
GOVERNING LEGISLATION: Chapter 3.21 SVMC
PREVIOUS COUNCIL ACTION TAKEN:
• August 23, 2022, Council formally accepted a petition signed by qualified hotel
owners/operators in Spokane Valley to establish a City-wide TPA, and adopted
Resolution 22-017, which declares intent to establish a TPA and set a public hearing on
September 13, 2022. Notice of the public hearing was published in The Valley News
Herald and mailed to hoteliers in Spokane Valley pursuant to RCW 35.101.060(2).
• September 13, 2022, Council held a public hearing and first reading on the proposed
adoption of Ordinance 22-016. Council moved to advance Ordinance 22-016 to a
second reading on September 20, 2022.
• September 20, 2022, Council adopted Ordinance 22-016, establishing a City-wide TPA,
with an effective date of January 1, 2023, for the TPA Commission.
• September 20, 2022, staff received an agreement from the Washington State
Department of Revenue authorizing the City to establish a TPA to permit the levy of
lodging charges to be used exclusively for tourism promotion.
BACKGROUND: On January 1, 2023, per Ordinance 22-016, the Spokane Valley TPA became
effective along with the establishment of Spokane Valley TPA Hotel Commission. Chapter 3.21
SVMC requires that City Council receive an annual written report providing information about
past TPA activities and operations. In addition to this report, the Economic Development
Department anticipates providing to City Council a work plan of marketing services through
2024 and additional budget information on September 12, 2023.
OPTIONS: Information Only
RECOMMENDED ACTION OR MOTION: N/A
BUDGET/FINANCIAL IMPACTS: The 2023 Amended Budget currently has $800,000 in
estimated revenue collections for the City's TPA fee and $45,000 in professional services
expenditures. A future 2023 Budget Amendment will come forward with additional expenditures
amounts related to activities ongoing through the remainder of the year.
STAFF CONTACT: Lesli Brassfield, Marketing and Communications Officer
ATTACHMENTS: Spokane Valley Tourism Promotion Area (TPA) 2023 Annual Summary and
Report
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Provided to Spokane Valley City Council on August 15, 2023, as required by Chapter 3.21 of the Spokane Valley
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The Spokane Valley City Council expressed an interest in forming a City-wide TPA while discussing the resolution to
terminate the City's participation in the Spokane County Regional TPA in October 2021. On Oct. 26, 2021, Council
approved Resolution 21-008 as a formal notice of the City's intentto terminate its participation in the Spokane County
Regional TPA. Council reaffirmed its decision to leave the county TPA on March 8, 2022. Termination took effect Dec.
31, 2022.
As a result, City staff met with hoteliers in June and July of 2022 to (1) assess their interest in developing a City -only
TPA that would generate fees (revenue) to promote the City as a tourism destination, and if there was sufficient
interest, (2) to assist in the creation of a petition on which hoteliers could collect the necessary signatures to submit
to Council to initiate the process of establishing a TPA pursuant to Chapter 35.101 RCW. City staff and hoteliers jointly
crafted petition language that met both parties' interests. Hoteliers collected the necessary petition signatures from
qualified hotel owners/operators in the City to meet the statutory requirements in Chapter 35.101 RCW. The signed
petition was the first step in the establishment of a City-wide TPA. Council formally accepted the Petition and adopted
Resolution 22-017 on August 23, 2022, declaring its intent to establish a City-wide TPA and collect $4 per room, per
night from each qualified participating hotel/motel within the City. Council set a public hearing for Sept. 13, 2022. A
public hearing and first reading were held September 13 at which Council moved to advance Ordinance 22-016 to a
second reading on Sept. 20, 2022. On Sept. 20, 2022, Council formally adopted Ordinance 22-016 establishing a
City-wide TPA.
In October and November 2022, City staff
worked with the Washington State
Department of Revenue to secure a formal
agreement to authorize the City to establish
a TPA and permit the levy of lodging charges
to be used exclusively for tourism promotion.
Pursuant to Ordinance No. 22-016, the
Spokane Valley TPA became effective Jan. 1,
2023, and the Spokane Valley Hotel/Motel
TPA Commission was established. The state
began collecting TPA fees/revenue from
hotels in the City on Jan. 1, 2023; the City
receives the collected fees monthly.
ua ll lii lii Il m iim° ,lii lii 11 ,lii iim°ii i' IIF°III tc 111
There are currently 16 hotels/motels in the City boundary that qualify to participate in the TPA:
• Comfort Inn & Suites
• Fairfield Inn & Suites
• Hampton Inn and Suites
• Holiday Inn Express
• Hometowne Suites
• La Quinta Inn & Suite by Wyndham
• Mirabeau Park Hotel & Convention Center
• Motel
• My Place Hotel
• Oxford Suites
• Ramada by Wyndham
• Residence Inn by Marriott
• Rodeway Inn & Suites
• Silverstone Inn & Suites
• Super 8 by Wyndham
• Tru Hotel by Hilton
The TPA Commission, as defined in Chapter 3.21 SVMC, is comprised of five voting representatives from the
following hotel chain classes/categories:
(1) one economy hotel
(2) one midscale hotel
(3) one upper midscale hotel
(4) one upscale hotel
(5) one full -service hotel with 200 or more rooms
Applications for the TPA Commission were due Dec. 16, 2022. The Mayor recommended the appointment of all
current Commissioners and City Council confirmed the appointments on Jan. 3, 2023. Here are the five current
voting members that serve on the Commission:
• Midscale Hotel: Grant Guinn, Tru Hotel by Hilton
• Midscale Hotel: Sarai Fesler, Residence Inn by Marriott
• Midscale Hotel: Amanda Alcamo, Oxford Suites
• Upper Midscale Hotel: Bernadette Crain, Hampton Inn and Suites
• Full Service Hotel: Lee Cameron, Mirabeau Park Hotel & Convention Center
The TPA Commission acts as an advisory body to make recommendations to City Council for use of revenue derived
from TPA fees. Appointments or removals from the hotel/motel TPA Commission are made by the Mayor, with
confirmation by a majority of Council. In addition to the above voting members, there is one nonvoting ex-officio
member as assigned by the City Manager, which functions as a liaison between the City Council and the
Commission. Lesli Brassfield, Marketing and Communications Officer in the Economic Development Department,
currently serves as the nonvoting ex-officio member.
The City's Economic Development Department coordinates TPA Commission meetings and consultant contracts
funded with TPA revenues.
r II Me(ON
Oti ir"l s lii iiiri 2023
The TPA Commission meets on the third Thursday of each month. Occasionally, meetings are cancelled or
rescheduled to accommodate a necessary quorum, or if there is no business for Commissioners to discuss.
Meetings and summary of activities to date:
N
ra
�
January 30, 2023
• Commissioners elected Grant Guinn as Commission
Chair.
• Commissioners heard a financial overview of the TPA
funding process and received an update on a temporary
tourism website and spring tourism marketing campaign
that were being prepared. Funded through the Economic
Development Department, these items would keep the
City's tourism activities going through the spring until TPA
funding could be established and directed for use.
• Commissioners recommended that the City negotiate the
purchase of visitspokanevalley.org, a domain (URL) that
was purchased along with six other domains by Visit
Spokane for a joint tourism initiative with the Economic
Development Department.
• Recommended that the City publish an RFQ for a
company to 1) develop a five-year Destination Marketing
Plan for tourism, and 2) an 18-month contract for direct
marketing services beginning in 2023 and continuing
through 2024.
March 16, 2023
• Commissioners received an update on the temporary
tourism website and details of the spring tourism
campaign.
• Heard a report that the City had negotiated the fee for
the VisitSpokaneValley.com domain to $10,000. The
funds for this purchase would come from the Economic
Development Department.
• Recommended three companies (out of 11 respondents
to the RFQ) be interviewed to develop a five-year
Destination Marketing Plan AND/OR provide 18 months
of direct marketing services.
March 30, 2023
• Commissioners interviewed three companies.
Commissioners recommended that consultant contracts
for both the five-year Destination Marketing Plan and
continual marketing services be awarded to 116 & West
Advertising. Commissioners directed the Economic
Development Department to negotiate a scope and fee
for both contracts.
April 20, 2023
• Commissioners received an update on the temporary
May 2, 2023 - City
tourism website and on -going tourism campaign.
Council moved to select
• Recommended the approval of a $44,025 contract with
116 & West as the
116 & West Advertising to develop a five-year
consultant for a five-year
Destination Marketing Plan. Plan would be due Sept. 1,
Destination Marketing
2023. A scope and fee for direct marketing services will
Plan and authorize the
be developed in late summer after the five-year plan is
City Manager or designee
complete.
to execute a $44,025
• Requested a future presentation and proposal from
contract to develop the
Spokane Sports to provide sports recruitment and
plan.
marketing services.
May 18, 2023
• Commissioners received an update on the temporary
June 6, 2023 - Spokane
tourism website, which launched on May 1, 2023, and
Sports provided a
the ongoing tourism campaign.
presentation to City
• Heard a presentation and proposal from Spokane Sports
outlining a proposed
to provide $300,000 in sports marketing and event
Scope of Work and Fee of
recruitment services in year 2023. Commissioners
$300,000 for 2023
sports recruitment and
recommended that the City enter into a contract with
marketing services.
Spokane Sports for 2023 services.
Council directed staff to
• Heard a presentation and had discussion with 116 &
bringforward a motion.
West regarding the five-year Tourism Destination Plan.
On June 20, 2023,
Council authorized the
City Manager or designee
to execute a contract with
Spokane Sports for
$300,000 for sports
marketing and event
recruitment.
June &July 2023
• TPA Meetings cancelled (no business)
August 17, 2023
• Commission scheduled to consider a draft of the five-
year Destination Marketing Plan and potentially make a
recommendation to City Council.
• Commission scheduled to consider a proposed scope
and fee document for marketing services from 116 &
West through Dec. 31, 2024, and potentially make a
recommendation to Council.
As of June 30, 2023, the City had collected $529,656 in TPA fees/revenue. That represents a 45% increase in
revenues in the first six months of the year when compared to 2022 collected fees ($364,943 as of June 30,
2022).
Spokane Valley TPA Collected Fees as of June 30, 2023
(Actual for the years 2018 through 2023)
The years of 2018 through 2022 presented below were collected by the regional TPA. Collections
for the first three months of 2018 are not available. The fee increased to $4/night from $2/night as
of April 1, 2021.
January
0
31,805
34,006
23,828
55,939
337
February
0
26,378
31,645
24,910
56,911
75,054
March
0
24,840
27,436
26,948
50,817
88,015
April
25,793
32,107
30,762
29,049
58,799
119,534
May
35,734
43,587
23,398
33,318
72,010
116,083
June
34,621
38,864
18,846
72,338
70,467
130,633
Total Collections
96,148
197,581
166,093
210,391
364,943
529,656
July
August
September
October
November
December
Total Collections
38,166
48,781
24,396
85,731
77,494
0
41,588
52,858
33,885
93,445
80,025
0
45,515
54,926
38,168
98,852
86,154
0
48,835
56,832
43,692
95,019
90,858
0
39,785
51,625
41,461
77,174
75,726
0
36,994
45,637
35,068
70,958
71,052
0
347,031
508,240
382,763
731,570
846,252
529,656
4
Based on collection trends from 2019 through
2022, the City's Finance Department estimates
that total TPA fee revenues could be about $1.37
million. However, as 2023 is the first year of the
City's TPA fee collections and staff is relying on
County data for prior years, the Finance
Department recommends that the City spend no
more than $800,000 in 2023. This will allow time
to analyze actual activity and build some fund
balance reserves for cash flow purposes.
Most likely, any increases in TPA revenues from
City hotels in 2023, as compared to past years, can
be attributed to:
• More public interest and willingness to travel, at least domestically, in a post -pandemic era.
• Individuals who delayed travel for two or more years have a nest egg to spend.
• More events and activities such as concerts and sports tournaments are returning to operation.
IIIiiir Illiiiiilii,lii,lii liir°ii ")23 arldIII
Or°,l
Five -Year Destination Marketing Plan for Tourism
116 & West Advertising is in the final stage of completing a five-year Destination Marketing Plan for Spokane Valley.
This plan was part of a RFQ for a tourism plan and marketing services published in February 2023; 116 & West was
awarded the contract to develop the plan for $44,025. The plan will provide recommended strategies and a
roadmap for development of marketing tools and campaigns to build the City's tourism industry through the next
five years. The plan will detail steps to creation and implementation of a cohesive brand identity for Spokane Valley
tourism, and identify target audiences and marketing strategies to enhance overnight stays in City hotels and attract
visitors to City restaurants and retail stores. 116 & West will present the plan to the TPA Commission for review and
proposed recommended adoption on Aug. 17, 2023. If recommended, the plan will move forward to City Council for
review and possible adoption on Sept. 12, 2023.
Sports Marketing Services and Event Recruitment
Spokane Sports will provide sports tourism marketing and event recruitment services for the City through December
2023 per an agreement signed in early August. The organization will utilize $300,000 to complete several identified
tasks related to sports development in the City; brand building and positioning the city for future sports events; and
lead generation and promotion of Spokane Valley hotels and other businesses. Specifically, tasks include retention
of existing sports events and development of new events; study and planning for a possible Cross County/Cyclo
Course on 60 acres of property on the north side of the Spokane River adjacent to N. Flora Road; and development
of a Spokane Valley hotel database and marketing materials to promote the City's hotels and visitor assets at sports
tradeshows and conferences. This contract is renewable for 2024, but the City will need to renegotiate a new scope
and fees later this year for 2024 services.
Marketing Services and Campaigns
Tasks related to continual marketing services and advertising campaigns (as guided by the five-year Destination
Marketing Plan) was included in a RFQ published in February 2023. After interviews, the TPA Commission
recommended awarding the contract for these tasks to 116 & West. With the five-year Destination Marketing Plan
nearing completion, the Economic Development Department has negotiated a proposed scope and fee with 116 &
West for general tourism marketing services through December 2024. Potential services in this contract include
development of a tourism brand for Spokane Valley, including:
5
• Creation of tourism brand logo, tagline, digital assets and new website with interactive tools and maps
• Virtual Visitor Center
• Creation and management of Social Media accounts and web content
• Multiple paid marketing campaigns that utilize various social media and video streaming platforms, search
engines and websites
• Marketing to targeted audiences and continual review of data and analytics
The scope and fee document will be provided to the TPA Commission for review and consideration at its Aug. 17,
2023, meeting. If recommended for approval, the scope and fee document will move forward to City Council for
review and possible approval on Sept. 12, 2023.
Dearly eight months into its first year of implementation, the Spokane Valley TPA is emerging as a definitive and
valuable tourism assetforthe City. In this short period of time, the City has launched the TPA, established a
Commission of hoteliers to provide guidance and recommendations for use of fees, and secured expert consultants
to help develop long-term tourism and sports marketing strategies and initiatives.
Per Chapter 3.21.080 SVMC, economic data such as occupancy and room demand statistics, TPA per -room night
proceeds, and recruited group meeting or sports events will need to be reported in future TPA summaries. As new
tourism tools (logo, website, social media, etc.) get created and established, and marketing campaigns and
initiatives are implemented, City staff and consultants will need to develop a process for gathering and measuring
these economic metrics, and a baseline for comparison.
2023 TPA Summary and Report prepared by the City's Economic Development Department, 08115123.
11
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 15, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: MOU Establishing the Spokane Regional Opioid Abatement Council ("OAC")
GOVERNING LEGISLATION: SVMC 2.15.020
PREVIOUS COUNCIL ACTION TAKEN: Distributors Washington Settlement ("Settlement I"): April
26, 2022 approval of the One Washington MOU for settlement between opioid distributors and
cities/counties in Washington; July 19, 2022 approval of the Subdivision Participation Form to approve of
and participate in the State settlement; September 6, 2022 approval of the Allocation Agreement for
Settlement I. Pharmacy and Manufacturer Settlement ("Settlement II"): Administrative report on
Settlement II on March 7, 2023; Council approval to participate in Settlement II on March 21, 2023.
BACKGROUND: In 2022, the State announced a successful settlement with several opioid distributors
("Settlement I") for approximately $518 million. Approximately half of the settlement amount was set
aside for local governments. City Council provided approval to participate in Settlement I and authorized
the City to sign the corresponding One Washington MOU, the Subdivision Participation Form, and the
Allocation Agreement. According to the Washington AG's website, the City is currently set to receive
approximately $147,106.76 from Settlement I over the approximate 17-year term of the agreement. The
exact payment will include deductions for attorneys' fees and settlement expenses. We expect the average
annual allocated to Spokane Valley to be between $5,000-$7,000. Thus far, under Settlement I, the City
has received a total of $16,578.89.
On December 21, 2022, the State announced that it would be joining settlements with the pharmacy and
manufacturers related to ongoing opioid litigation: CVS, Walgreens, Walmart, Teva, and Allergan. On
March 21, 2023 the City Council approved participation in Settlement II and authorized the City Manager
to execute the Allocation Agreement and the Subdivision Participation Form. The manufacturer and
pharmacy settlement ("Settlement II") will result in an additional $217 million to local governments to
abate the opioid epidemic. The City will receive approximately $148,486.91 from Settlement IL This
payment will be made over a period of 15 years and will include deductions for attorneys' fees. Staff
estimates the amount to be allocated for Settlement II to be between $6,000-$8,000.
Per the One Washington MOU that applies to both settlements, the Participating Local Governments must
establish a regional Opioid Abatement Council (OAC) to oversee monitoring, reporting, and dispute
resolution. Spokane County has taken the lead in establishing the OAC. Spokane County has presented
an agreement for all Participating Local Governments in the Spokane Region, which includes Adams, Ferry,
Lincoln, Pend Oreille, Spokane, and Stevens Counties, along with the City of Spokane Valley, Cheney,
Liberty Lake, and City of Spokane. The OAC created by the MOU meets the minimum requirements
established by the One Washington MOU. The following highlights the major terms of the MOU:
• Each Participating Local Government will maintain full discretion of the funds, provided the funds
are used for "Approved Purposes." City Council would remain responsible for distribution.
Participating Local Governments designate a special subcommittee of the Behavioral Health —
Administrative Service Organization (`BH-ASO") as the Spokane Regional Opioid Abatement
Council (OAC) to oversee allocation of funds, monitoring and oversight, expenditure reporting and
dispute resolution.
• The OAC will consist of one representative from each county and one representative from each
city.
• Participating Local Governments must reserve 10% of the Opioid Funds received on an annual
basis for administrative costs related to the OAC's responsibilities. The BH-ASO will provide an
annual budget and accounting for costs and will be reimbursed for those costs in proportion to the
amount of funds received by each local government.
• The City can elect not to retain its settlement funds. If this happens, the funds will be re -allocated
to Spokane County.
• All records with respect to receipt and expenditure of funds shall be maintained for 5 years.
If the City does not join the OAC, it risks losing the opioid settlement funds. Once the MOU is executed,
City Council will have the opportunity to consider how to spend the City's opioid settlement funds. Given
the relatively small amount the City has been awarded, staff believe that there are opportunities to work
with Spokane County (or other entities) to identify projects that will benefit Spokane Valley residents
beyond the City's direct allocation.
Staff are requesting consensus to put the MOU on a future agenda for motion consideration.
OPTIONS: (1) Consensus to place the MOU establishing the Spokane Regional Opioid Abatement Council
on future agenda for motion consideration; (2) take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place the MOU establishing the Spokane
Regional Opioid Abatement Council on future agenda for motion consideration.
BUDGET/FINANCIAL IMPACTS: Settlement L the City will receive $147,106.76 less attorneys' fees
over the course of 17 years; Settlement IL the City will receive an additional $148,486.91 less attorneys'
fees over the course of 15 years.
STAFF CONTACT: Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney.
ATTACHMENTS:
MOU establishing the Spokane Regional Opioid Abatement Council.
MEMORANDUM OF UNDERSTANDING BETWEEN SPOKANE REGION PARTICIPATING LOCAL
GOVERNMENTS AND SPOKANE REGIONAL BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES
ORGANIZATION
This Agreement is made between the Spokane Region "Participating Local Governments" as defined by
the "One Washington Memorandum of Understanding Between Washington Municipalities" (One WA
MOU), attached hereto as Exhibit A and fully incorporated herein, and the Spokane Regional Behavioral
Health Administrative Services Organization (SCRBH-ASO), (collectively "Parties"), for the purpose of
establishing the Opioid Abatement Council (OAC) required by the One WA MOU. The Parties to this
Agreement mutually agree to the terms contained herein.
RECITALS
A. Adams County, Ferry County, Lincoln County, Pend Oreille County, Spokane County, and Stevens
County are Participating Local Governments pursuant to the One WA MOU, as are the following cities
within Spokane County:
Cheney, Liberty Lake, Spokane and Spokane Valley.
All of the above -listed municipalities shall be collectively referred to as "Participating Local
Governments."
B. All of the Participating Local Governments are also participants in the "Allocation Agreement
Governing the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State"
(Allocation Agreement), attached hereto as Exhibit B and fully incorporated herein. Initial funds from
this settlement have begun to be distributed directly to the Participating Local Governments.
C. The Participating Local Governments further anticipate receipt of additional funds resulting from
settlements with opioid pharmaceutical supply chain participants. Funds allocated to all of the
Participating Local Governments pursuant to the One WA MOU shall be collectively referred to herein as
"Opioid Funds." This agreement will apply to all Opioid Funds received pursuant to the Allocation
Agreement and as a result of future settlements as defined in the One WA MOU.
D. The SCRBH-ASO administers behavioral health services and programs under chapters 71.24 and 71.05
RCW within the Spokane regional service area established under RCW 74.09.870.
E. The parties seek to designate a special subcommittee of the SCRBH-ASO as the Spokane Regional
Opioid Abatement Council pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of
the Allocation Agreement for the purposes of overseeing the use of Opioid Funds allocated to the
aforementioned Participating Local Governments consistent with the Approved Purposes set forth in the
One WA MOU and consistent with the purposes set forth in Section 8 of the Allocation Agreement.
F. This Agreement is made to carry out the One WA MOU and related settlement documents.
G. This Agreement does not contemplate a joint budget.
H. This Agreement does not constitute a joint agreement or claim by the Participating Local
Governments on any behavioral health funding or responsibility not otherwise specified in this
agreement.
Page 1 of 13
I. This Agreement does not contemplate the joint acquisition of property by the parties. At termination,
each party will remain the sole owner of its own property.
AGREEMENT
1. The foregoing Recitals A through I are true and correct and are incorporated herein by reference as if
fully set forth herein.
2. The Participating Local Governments hereby designate a special subcommittee of the BH-ASO as the
Spokane Regional Opioid Abatement Council (OAC) pursuant to Section C.4.h of the One WA MOU and
pursuant to Section 15 of the Allocation Agreement to oversee allocation, monitoring and oversight,
expenditure reporting, and dispute resolution of Opioid Funds allocated to the Participating Local
Governments consistent with the Approved Purposes set forth in the One WA MOU and Allocation
Agreement and consistent with the purposes set forth in Section 8 of the Allocation Agreement
(collectively "Approved Purposes").
3. The OAC shall be composed of one representative of each participating county and one
representative of each participating city.
4. It is anticipated that the Participating Local Governments will directly receive the Opioid Funds and
will maintain full discretion over the use and distribution of their allocation of Opioid Funds, provided
the funds are used solely for Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not exceed actual costs or 10% of
the Participating Local Government's allocation of Opioid Funds, whichever is less. If the OAC receives
any of the Opioid Funds, it will immediately transfer those funds to the Participating Local Governments
consistent with the Allocation Agreement.
5. If a participating city elects not to retain its settlement allocation, its allocation will be re -allocated to
the county within which it is located. Upon receipt of the Opioid Funds, a city that elects to transfer
those funds to its county may do so and the county will have full discretion over the use and distribution
of those Opioid Funds, provided the funds are used solely for Approved Purposes.
6. Pursuant to section C.4.b of the One WA MOU, ten percent (10%) of Opioid Funds received by all of
the Participating Local Governments will be reserved, on an annual basis, for administrative costs
related to the OAC's responsibilities established by this agreement. BH-ASO will provide an annual
budget and accounting for actual costs and will be reimbursed for those costs in proportion to the
amount of funds received by each local government.
7. Opioid Funds will be subject to mechanisms for auditing and reporting to provide public accountability
and transparency. All records related to the receipt and expenditure of Opioid Funds shall be maintained
for no less than five (5) years and such records shall be available for review by the Parties to this
Agreement, government oversight authorities, and the public. Each party shall be responsible for its own
compliance with the Washington Public Records Act, chapter 42.56 ROW (as may be amended). This
Agreement, once executed, will be a "public record" subject to production to a third party if it is
requested under Chapter 42.56 RCW.
8. The OAC subcommittee of SCRBH-ASO will be responsible for the following actions with respect to
Opioid Funds:
Page 2 of 13
a. Monitor programs and services funded with the Opioid abatement funds within the Spokane
regional service area for Approved Purposes.
b. Developing and maintaining a centralized public dashboard or other repository for the
publication of expenditure data for expenditures of Opioid Funds by the Participating Local
Governments, which shall be updated at least annually.
c. If necessary, require and collect additional outcome -related data to evaluate the use of Opioid
Funds, and all Participating Local Governments shall comply with such requirements. Prior to
establishing these requirements, evaluation and reporting tools will be developed in partnership
with Participating Local Governments, unless already stipulated by the One WA MOU.
d. Hearing complaints by Participating Local Governments regarding alleged failure to (1) use
Opioid Funds for Approved Purposes or (2) comply with reporting requirements.
9. If any Party to this Agreement believes another Party violated the terms of this Agreement, the One
WA MOU, and/or the Allocation Agreement, the aggrieved Party may seek judicial enforcement of the
terms of this Agreement, the One WA MOU, and/or the Allocation Agreement. The Parties hereby
stipulate that venue of any action shall be in accordance with RCW 4.12.080. Prior to filing any such
action, the alleging Party shall first provide the alleged offending Party notice of the alleged violation(s)
and a reasonable opportunity to cure the alleged violation(s). In such an enforcement action, any
alleging Party or alleged offending Party may be represented by their respective public entity in
accordance with Washington law.
10. Nothing in this MOU shall be interpreted to waive the right of any Party to seek judicial relief for
conduct occurring outside the scope of this Agreement that violates any Washington law. In such an
action, the alleged offending Party may be represented by their respective public entities in accordance
with Washington law. In the event of a conflict, any Party may seek outside representation to defend
itself against such an action.
11. This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. The Parties agree not to deny the
legal effect or enforceability of this Agreement solely because it is in electronic form or because an
electronic record was used in its formation. The Parties agree not to object to the admissibility of this
Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper
copy of a document bearing an electronic signature, on the grounds that it is an electronic record or
electronic signature or that it is not in its original form or is not an original.
12. No changes or additions to this Agreement shall be valid or binding on any Party unless such changes
or additions are in writing and executed by all Parties.
13. Each Party represents that all procedures necessary to authorize such Party's execution of this
Agreement have been performed and that the person signing for such Party has been authorized to
execute this Agreement.
14. This Agreement may be executed in any number of counterparts, each of which, when so executed
and delivered, shall be an original, but such counterparts shall together constitute but one and the
same.
Page 3 of 13
Approved:
City of Cheney:
Chris Grover, Mayor
Approved this day of 2023
City Clerk
Page 4 of 13
Approved:
City of Liberty Lake:
Cristella Kaminskas, Mayor
Approved this day of 2023
City Clerk
Page 5 of 13
Approved:
City of Spokane:
Nadine Woodward, Mayor
Approved this day of 2023
City Clerk
Page 6 of 13
Approved:
City of Spokane Valley:
Pam Haley, Mayor
Approved this day of 2023
City Clerk
Page 7 of 13
Approved:
Board of Adams County Commissioners:
Dan Blankenship, Commissioner
Jay R. Weise, Commissioner
Miguel A. Garza, Commissioner
Approved this day of 2023
Clerk of the Board of Adams County
Commissioners:
Clerk
Page 8 of 13
Approved:
Board of Ferry County Commissioners:
Brian Dansel, Commissioner
Robert P. Dean, Commissioner
Michael Heath, Commissioner
Approved this day of 2023
Clerk of the Board of Ferry County
Commissioners:
Clerk
Page 9 of 13
Approved:
Board of Lincoln County Commissioners:
Jo M. Gilcrest, Commissioner
Scott Hutsell, Commissioner
Rob Coffman, Commissioner
Approved this day of 2023
Clerk of the Board of Lincoln County
Commissioners:
Clerk
Page 10 of 13
Approved:
Board of Pend Oreille County Commissioners:
Brian Smiley, Chair
Robert Rosencrantz, Vice Chair
John Gentle, Commissioner
Approved this day of 2023
Clerk of the Board of Pend Oreille County
Commissioners
Crystal Zieske
Page 11 of 13
Approved:
Board of Spokane County Commissioners:
Mary Kuney, Chair
Josh Kerns, Vice Chair
Al French
Chris Jordan
Amber Waldref
Approved this day of 2023
Clerk of the Board of Spokane County
Commissioners:
Ginna Vasquez
Page 12 of 13
Approved:
Board of Stevens County Commissioners:
Wes McCart, Commissioner
Mark Burrows, Commissioner
Greg Young, Commissioner
Approved this day of 2023
Clerk of the Board of Stevens County
Commissioners
Clerk
Paqe 13 of 13
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 15, 2023
Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® Admin. Report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Code Enforcement Program — Junk Vehicles/Parking on Private Property
GOVERNING LEGISLATION: Chapter 7.05 Nuisances
PREVIOUS COUNCIL ACTION TAKEN:
• 2003 to 2018: Adoption of chapter and amendments to 7.05 SVMC relating to nuisances
• 2019: SVMC 7.05.045 added as a new section to address chronic criminal nuisance properties
• June 1, 2021: Code Enforcement Program Overview
• June 29, 2021: Administrative Report on Code Enforcement — Policy Discussion
• October 5, 2021: Administrative Report on Code Enforcement — Topic #1 Parking
• October 12, 2021: Administrative Report on Code Enforcement Program — Topic #2 Camping
• June 14, 2022: First Reading of Ordinance 22-010 — Junk Vehicle, Parking on Private Property,
Camping on Private Property
• June 28, 2022: Second Reading of Ordinance 22-010 — Council requested additional discussion
• July 19, 2022: Administrative Report — Additional Options relating to camping on private property
• July 26, 2022: Second Reading of Ordinance 22-010 — Council consensus to postpone Second
Reading and revisit Junk Vehicle, Parking on Private Property, Camping on Private Property topics
BACKGROUND: As a follow-up to the Code Enforcement Program overview presentation during the
regular City Council meeting on June 1, 2021, staff initiated a broad discussion with Council during the
regular City Council meeting on June 29, 2021. The discussion included specific issues and nuisances
which are of concern to local residents, business owners, and property owners, as well as elected officials.
City Council has had multiple follow-up discussions on a number of the topics.
As a result of the discussions, staff drafted amended Spokane Valley Municipal Code (SVMC) language for
Council review, which was presented in June and July of 2022, focusing on regulatory language related to
junk vehicles, vehicle parking/storage on private property, and camping on private property. As discussed
during the July 26, 2022, ordinance reading, the draft language was more restrictive than existing code to
address Council discussion goals. Council consensus at the July 26 meeting was to postpone the
ordinance for further discussion.
The presentation and discussion for this agenda item will be centered around Council goals and code for
discussions, will begin with the most recent information formally presented to Council, which was at the
July 26, 2022, meeting.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion and consensus of Council to authorize staff to
proceed with draft amendment language to address specific types of concerns related to junk vehicles and
parking on private property.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Bill Helbig, Community & Public Works Director
Caitlin Prunty, Deputy City Attorney, Jenny Nickerson, Building Official
ATTACHMENTS:
1. PowerPoint Presentation
2. Draft Code Text Revisions
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Spokane Valley Municipal Code
Chapter 7.05 —NUISANCES
Chapter 7.05
NUISANCES
Sections:
7.05.010
Purpose and intent.
7.05.020
Definitions.
7.05.030
Compliance, authority and administration.
7.05.040
Nuisances prohibited.
7.05.045
Chronic nuisances.
7.05.050
Repealed.
7.05.060
Procedures when probable nuisance violation is identified.
7.05.070
—
7.05.200
Repealed.
Page I of 9
7.05.010 Purpose and intent.
The purpose and intent of Chapter 7.05 SVMC is to create and maintain a safe and healthy environment
for the citizens of the City by identifying and eliminating the conditions that contribute to injury, illness,
devaluation of property, reduction in the quality of life, and the incidence of crime through the existence
of nuisance activities on public and private property. Nuisance properties create a substantial financial
burden, pose a significant strain on city services, and interfere with other's use and enjoyment of their
property. (Ord. 23-010 § 1, 2023; Ord. 18-001 § 2, 2018; Ord. 06-004 § 2, 2006; Ord. 03-083 § 1, 2003).
7.05.020 Definitions.
In addition to any definitions contained in Appendix A, the following words shall, for the purposes of
Chapters 7.05 and 17.100 SVMC, be defined as:
"Abandoned property," for purposes of defining a chronic nuisance, means a property over which the
person in charge no longer asserts control due to death, incarceration, or any other reason, and which is
either unsecured or subject to occupation by unauthorized individuals.
"Chronic nuisance property" means:
1. A property on which three or more nuisance activities exist or have occurred during any 60-day
period, with at least one of the nuisance activities being classified as ongoing criminal activity related
to the property; or
2. A property on which five or more nuisance activities exist or have occurred during any 12-month
period, with at least one of the nuisance activities being classified as ongoing criminal activity related
to the property; or
3. Any abandoned property where nuisance activities exist or have occurred; or
4. A property which, upon request for execution of a search warrant, has been the subject of a
determination by a court two or more times within a 12-month period that probable cause exists that
illegal possession, manufacture, or delivery of a controlled substance or related offense as defined in
Chapter 69.50 RCW has occurred on the property.
"Control" means the power or ability to direct or determine conditions at a property or regulate, restrain,
dominate, or govern property or conduct that occurs on a property.
"Days" are counted as business days when five or fewer days are allowed to perform an act required by
Chapter 7.05 SVMC. "Days" are considered calendar days when more than five days are allowed to
perform an act required by Chapter 7.05 SVMC. "Days" are counted by excluding the first day, and
Spokane Valley Municipal Code Page 2 of 9
Chapter 7.05 —NUISANCES
including the last day, unless the last day is a holiday, Saturday, or Sunday, pursuant to RCW 1.12.040, as
now adopted or hereafter amended.
"Determination of compliance" means a written determination by the city manager or designee that the
violation(s) stated in the warning, voluntary compliance agreement, notice and order, stop work order, or
other applicable order have been sufficiently abated so as to comply with the SVMC.
"Graffiti" means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed
material that has been placed upon any property through the use of paint, ink, dye, or any other substance
capable of marking property.
"Impound" means to take and hold a vehicle in legal custody pursuant to law.
"Inoperable" means incapable of being operated legally on a public highway, including, but not limited
to, not having a valid, current registration plate or a current certificate of registration.
"Junk vehicle" means a vehicle meeting at least three of the following criteria:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken
window or windshield, or missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
"Nuisance" means a person's unreasonable or unlawful use of real or personal property, or unreasonable,
indecent, or unlawful personal conduct or omission of conduct which materially interferes with, obstructs,
or jeopardizes the health, safety, prosperity, quiet enjoyment of property, or welfare of others, offends
common decency or public morality, or obstructs or interferes with the free use of public ways, places, or
bodies of water.
"Nuisance activities" means and includes:
1. Any structure, use, activity, conduct, or condition that constitutes a nuisance pursuant to SVMC
7.05.040;
2. Ongoing criminal activity related to the property;
3. Any civil code violation as defined by state or local ordinance occurring on the property or around
or near the property that has a reasonable and proximate connection to the property.
4. For purposes of this definition "civil code violation" means civil judgment, issuance of a civil
penalty, issuance of a notice and order, or any act or conduct which the City can establish, by a
preponderance of the evidence, exists or has occurred regardless of whether such act resulted in a
civil penalty. A civil infraction which is deferred or subject to pretrial diversion may be counted as a
violation if the violation is proved by a preponderance of the evidence. A finding of not committed
on a civil infraction shall not constitute a violation under Chapter 7.05 SVMC.
"Ongoing criminal activity related to the property" means that (1) criminal activity is or has been
occurring at the property; or (2) criminal activity is or has been occurring near the property and such
activity has a reasonable and proximate connection to the property, whether by owners, persons in charge,
occupants, or persons visiting such owners or occupants. Examples of conduct or actions that constitute
criminal activity occurring at or near the property include, but are not limited to, the following:
Spokane Valley Municipal Code Page 3 of 9
Chapter 7.05 —NUISANCES
1. Service of a search warrant by law enforcement personnel; or
2. Arrest of one or more individuals by law enforcement personnel during any 24-hour period; or
3. Commission of a misdemeanor, gross misdemeanor, or felony at or near the property and where
there is a reasonable and proximate connection between the crime or criminal and the property,
including those visiting the owner, person in charge, or occupants of the property; or
4. Visits by law enforcement personnel which occur based upon a reasonable belief by law
enforcement that a crime is occurring or has occurred, but which do not result in any of the actions
identified in subsections (1) through (3) of this definition; provided, that visits alone may not form
the sole basis for determining a property to be a chronic nuisance property.
"Person" means any public or private individual, sole proprietorship, association, partnership,
corporation, or legal entity, whether for -profit or not -for -profit, and the agents and assigns thereof.
"Person in charge" of a property means the owner and, if different than the owner, any other person in
actual or constructive possession of a property, including but not limited to a lessee, tenant, occupant,
agent, or manager of a property.
"Person(s) responsible for a junk vehicle nuisance violation" means any one or more of the following:
1. The iffll i 0W11Qd,.111CJ0W cr where the junk vehicle is located as shown on the last equalized
assessment roll; or
2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the
vehicle has complied with state law; or
3. The legal owner of the vehicle.
"Person(s) responsible for a nuisance violation" means the person or persons who caused the violation, if
that can be determined, and/or the owner, person in charge, lessor, tenant, or other person(s) entitled to
control, use, and/or occupancy of the property and the abutting public rights -of -way.
"Property" means a parcel or lot of real property including property used as residential or commercial
property, a building, including but not limited to the structure or any separate part or portion thereof,
whether permanent or not, or the ground itself, a unit within a building, or a mobile home, manufactured
home, or a recreational vehicle placed on a parcel or lot of real property.
1.)n �'ccnsccl vchcVc" rne.ans a vcl,OcVc that 's lto�d �jusp�gyy iig...g v flV'�fl...Vucc:iisb pVgt; an&or CUrrent.....
has ,n 5 ,,W .
q"4"jnq �pdq"$�dgKbV1h 6bq" w��q�"�V VV&W,J, &W aq�"4",V11"�a4", �Da$�d,4", d�V$�d �Jla�""a $� GlVwa�Da$��/4",Gj, 4",ir�DVq"4',Gl q"4"1�q""b q"$idgKbV11 6bfqn6bq"4", d�V$�V11 d i G��� b.
"Vehicle," for the purposes of SVMC 7.05.040(�4), includes every device capable of being moved upon a
public highway and in, upon, or by which any persons or property is or may be transported or drawn upon
a public highway, including bicycles. The term does not include devices other than bicycles moved by
human or animal power or used exclusively upon stationary rails or tracks, pursuant to RCW 46.04.670.
Verse o g 6x�,° ° a s am$qgV 4ny+�°"a....iset o V 'M RC /�YEI.(��b.�b1.�b.,,,,,,,,,
...b aQ; 6b ..°`� r.. � '� ��0a Vm$:., Vm$44". the .4", V�4"m$V�, .,
(Ord. 23-010 § 1, 2023; Ord. 18-001 § 2, 2018; Ord. 17-004 § 3, 2017; Ord. 12-026 § 1, 2012; Ord. 08-
024 § 1, 2008; Ord. 06-004 § 2, 2006; Ord. 05-014 § 2, 2005; Ord. 03-083 § 2, 2003).
7.05.030 Compliance, authority and administration.
In order to discourage public nuisances and otherwise promote compliance with chapter 7.05 SVMC, the
city manager or designee may, in response to field observations, determine that violations of Chapter 7.05
SVMC have occurred or are occurring, and may utilize any of the compliance provisions set forth in
Spokane Valley Municipal Code
Chapter 7.05 —NUISANCES
Page 4 of 9
Chapter 17.100 SVMC. (Ord. 23-010 § 1, 2023; Ord. 18-001 § 2, 2018; Ord. 17-004 § 3, 2017; Ord. 12-
026 § 2, 2012; Ord. 06-004 § 2, 2006; Ord. 03-083 § 3, 2003).
7.05.040 Nuisances prohibited.
No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public
nuisance within the City including on the property of any person, firm, or entity or upon any public
rights -of -way abutting a person, firm, or entity's property. Prohibited public nuisances include, but are not
limited to:
A. Vegetation.
1. Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or
sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner
as to obstruct or impair the free and full use of any public walkway, sidewalk, or street; or violate
City clearview triangle regulations. The City shall be responsible for maintaining all vegetation
placed by the City adjacent to a public walkway, sidewalk, or street.
2. Any growth of noxious weeds or toxic vegetation shall be subject to Chapter 16-750 WAC as
currently adopted and hereafter amended.
B. Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit
pursuant to the SVMC (including all building and property maintenance codes and regulations as
currently adopted and hereafter amended).
C. Sidewalks.
1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or
sidewalk.
2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway
or sidewalk.
3. Accumulations of dirt or debris not removed from a public sidewalk.
D. Accumulations of Materials, Garbage, Recyclables, Furniture, Machinery.
1. Building and Construction Materials. Any accumulation, stack, or pile of building or construction
materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not
associated with a current, in -progress project and not in a lawful storage structure or container. This
provision does not apply to a designated contractor's yard.
2. Garbage, Recyclables, Compost, and Infestations.
a. Garbage or recyclables not properly stored in a receptacle with a tight -fitting lid.
b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an
approved enclosed structure.
c. Creating or maintaining any accumulation of matter, including but not limited to foodstuffs or
dead vegetation (excluding properly maintained residential compost piles).
3. Furniture, Appliances, Furnishings, and Equipment.
a. Any broken or discarded household furniture, furnishings, equipment, or appliance not in an
approved enclosed structure.
Spokane Valley Municipal Code Page 5 of 9
Chapter 7.05 —NUISANCES
b. Any enclosure which may entrap a human or an animal, including accessible refrigeration
appliances that have not had the doors secured or removed.
4. Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or
equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4) shall include such
machinery and equipment as a esse: k, boats, jet -skis, snowmobiles, aircraft, g,� parts,, and the like,
but shall not include junk vehicles, which are regulated pursuant to SVMC 7.05.04004" D.
E. Fire Hazards. Any stack or accumulation of newspapers, dead vegetation (excluding properly
maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products
left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire
marshal.
F. Toxic or Caustic Substances. Improper storage or keeping of any toxic, flammable, or caustic
substances or materials.
G. Smoke, Soot, or Odors. Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or
odors which are offensive or harmful to a reasonable person.
H. Bodies of Water.
1. All stagnant, pooled water in which mosquitoes, flies, or other insects may multiply, excluding any
City -approved structure related to storm drainage systems.
2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of
another federal, state, county, special purpose district or city agency.
I. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or
otherwise secured, and which constitute a concealed danger.
J. Attractive Nuisances. Any accessible nuisance which is attractive to children including, but not limited
to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended
vehicle trunks, or other unguarded conditions or situations that could injure or trap a child.
K. Noise.
1. Any noise or sound that, originating within a residential zone, intrudes into the property of another
person that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as
currently adopted and hereafter amended. Such noise or sound may include, but is not limited to,
noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other
device capable of producing or reproducing noise or sound; or in connection with the starting,
operation, repair, rebuilding, or testing of any vehicle, off -highway machinery or equipment, or
internal combustion engine.
2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1):
a. Normal use of public rights -of -way;
b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC;
c. Sounds originating from aircraft in flight and sounds that originate at airports which are
directly related to flight operations;
d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad;
Spokane Valley Municipal Code
Chapter 7.05 —NUISANCES
Page 6 of 9
e. Sounds created by warning devices not operating continuously for more than five minutes, or
bells, chimes, or carillons;
f. Sounds created by safety and protective devices where noise suppression would defeat the
intent of the device or is not economically feasible;
g. Sounds created by emergency equipment and work necessary in the interest of law
enforcement or for health, safety or welfare of the community;
h. Sounds originating from officially sanctioned parades and other public events;
i. Sounds created by watercraft, except to the extent that they are regulated by other City or state
regulations;
j . Sounds created by motor vehicles licensed or unlicensed when operated off public highways,
except when such sounds are made in or adjacent to residential property where human beings
reside or sleep;
k. Sounds originating from existing natural gas transmission and distribution facilities;
1. Sounds created in conjunction with public work projects or public work maintenance
operations executed at the cost of the federal government, state or municipality;
in. Sounds created in conjunction with the collection of solid waste;
n. Sounds created in conjunction with military operations or training;
o. Sounds originating from organized activities occurring in public parks, playgrounds,
gymnasiums, swimming pools, schools, and other public facilities and public recreational
facilities during hours of operation;
p. Sounds originating from agricultural activities.
3. The following shall be exempt from provisions of SVMC 7.05.040(K)(1) between the hours of
7:00 a.m. and 10:00 p.m.:
a. Sounds originating from residential property relating to temporary projects for the repair or
maintenance of homes, grounds, and appurtenances;
b. Sounds created by the discharge of firearms on authorized shooting ranges;
c. Sounds created by blasting;
d. Sounds created by aircraft engine testing and maintenance not related to flight operations;
provided, that aircraft testing and maintenance shall be conducted at remote sites whenever
possible;
e. Sounds created by the installation or repair of essential utility services.
4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1) between the hours of
7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human
beings reside and sleep at any hour:
a. Sounds originating from temporary construction sites as a result of construction activity;
Spokane Valley Municipal Code
Chapter 7.05 —NUISANCES
Page 7 of 9
b. Sounds originating from the quarrying, blasting and mining of minerals or materials,
including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and
processing of minerals or materials for concrete batching, asphalt mixing and rock crushers;
c. Sounds originating from uses on properties which have been specifically conditioned to meet
certain noise standards by an appropriate City hearing body.
L. Dust. Any disturbance of any land area, or permitting the same, without taking affirmative measures to
suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace,
comfort, or repose of a reasonable person. This provision does not include permitted agricultural
activities.
M. Yard Sales. The holding or permitting of either:
1. A yard sale on the same lot for (a) more than seven consecutive days; (b) more than two
consecutive weekends; or
2. More than three separate yard sale events in one calendar year.
The prohibition under this Section SVMC 7.05.040(M) shall only apply to dwellings, including but not
limited to single family, multifamily, and duplex dwellings.
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M). Junk Vehicles aiicl L)iflicciisccl Vch'Mcs. All junk vehicles aaaW,.WfliWlSCCJ ych'Mcs, or ])arts thereof,
placed, stored, or permitted to be located on private property within the City limits. SVMC 7.05.040(4o)
does not apply to:
1. Any vehicle or part thereof that is completely enclosed within a lawful structure so that it is not
visible from the street or other public or private property;
Spokane Valley Municipal Code
Chapter 7.05 -NUISANCES
Page 8 of 9
2. Any vehicle or part thereof that is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler or licensed vehicle dealer, and the private
property is fenced pursuant to RCW 46.80.130, or as Va:g aHy a;�l&usldaidfl ychldc: repa Ir bLaSlliC: SS.;
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ldqlGbdd Yalld:d� s t0.1) t°-60 G'lay+ ft*F...rtt(*(41 r&''$:idi Fej)&''$: R Wp°"li �o°X.bd�i�..e jtjW..r���°bwA�d..die e,afl.a ",,ep....
OF dla"r"ai"gda("e ril^hlfl 1KIYO the d;ld'ad"d(",td(M tag ffaaaat(�Ile a adldldta(�aauifl 60 day 4",XCel)H(M Pa",H(Hl J)HPAffilat taa....
SVN4G 7.05` 040(i^4�. 14ffi u;F. aat� effetiffi itanee rsiiail any t �trots ialtil �44�FH t Hfaa1F a; Waadi ft f ffl(�H......
tldaadu 120 dlaa)"a, a1140F Wlkli tiffie tldlkb a;r eQJ3tuaaau Slaaaii duaakaa tteF aaOOVy. '��Pdukb a;a:eeptli(M Sldaaii aappl y tua....
aaaua; ae.ldi0a; aaadl Hiaa ..paadtS Ya460a; pa"F OaFea;V t l�auudl Off...eaia;uudlaaf ya;aau
01 There shall be allowed as exceptions to SVMC 7.05.040(iO I) up to t (aorta°...Junk NaeldiOes a a;i�uda"...
or Wfll'WuSCCJ a a;l ldc:....in R-1, R-2, aaad�l�R-3, aaaudfl � J. zones, so long as tidary aafelt Is completely sight -
screened by maintained landscaping, a maintained landscaped berm, or fencing, as allowed pursuant
to any currently adopted SVMC landscaping, berm, or fencing requirements pjjE jjjiut to chaafta;L ,
2170 SVM('.
(A". Graffiti. Any graffiti on public or private property.
lia.y.. Development Code Violations. Any violation pursuant to SVMC Titles 19, 20, 21, 22, 23, 24, and/or
25. (Ord. 23-010 § 1, 2023; Ord. 18-001 § 2, 2018; Ord. 17-010 § 1, 2017; Ord. 17-004 § 3, 2017; Ord.
12-026 § 3, 2012; Ord. 08-024 § 2, 2008; Ord. 06-004 § 2, 2006; Ord. 05-014 § 3, 2005; Ord. 04-038 § 3,
2004; Ord. 03-083 § 4, 2003).
7.05.045 Chronic nuisances.
A. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist a chronic
nuisance property within the City including on the property of any person, firm, or entity or upon any
public rights -of -way abutting a person's, firm's, or entity's property.
B. A person in charge who receives a notice and order pursuant to Chapter 17.100 SVMC for chronic
nuisance must, within 10 days, contact the code enforcement officer who issued the notice and order to
establish a plan of action to eliminate the conditions, behaviors, and activities which constitute nuisance
activities at the property.
C. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be
responsible for the nuisance (1) affirmatively engages in reasonable and ongoing efforts to remedy the
nuisance activities; and (2) is not the perpetrator nor allows the perpetration of the nuisance activities.
(Ord. 23-010 § 1, 2023; Ord. 19-014 § 2, 2019; Ord. 18-001 § 2, 2018).
7.05.050 Initial investigation.
Repealed by Ord. 18-001. (Ord. 17-004 § 3, 2017; Ord. 12-026 § 4, 2012; Ord. 06-004 § 2, 2006; Ord.
03-083 § 5, 2003).
7.05.060 Procedures when probable nuisance violation is identified.
The City shall follow procedures pursuant to Chapter 17.100 SVMC to identify nuisances, enforce the
provisions of, and to remedy and abate any of the nuisances prohibited under Chapter 7.05 SVMC. (Ord.
18-001 § 2, 2018; Ord. 17-004 § 3, 2017; Ord. 12-026 § 5, 2012; Ord. 06-004 § 2, 2006; Ord. 03-083 § 6,
2003).
Spokane Valley Municipal Code
Chapter 7.05 —NUISANCES
7.05.070 Voluntary compliance agreements.
Repealed by Ord. 06-004. (Ord. 03-083 § 7, 2003).
7.05.080 Notice of violation — Civil monetary penalty.
Repealed by Ord. 06-004. (Ord. 03-083 § 8, 2003).
7.05.090 Notice and orders.
Repealed by Ord. 06-004. (Ord. 03-083 § 9, 2003).
7.05.100 Abatement.
Repealed by Ord. 06-004. (Ord. 03-083 § 10, 2003).
7.05.110 Service — Notice of violation, notice and order.
Repealed by Ord. 06-004. (Ord. 03-083 § 11, 2003).
7.05.120 Obligations of persons responsible for nuisance violation.
Repealed by Ord. 06-004. (Ord. 03-083 § 12, 2003).
7.05.130 Determination of compliance.
Repealed by Ord. 06-004. (Ord. 03-083 § 13, 2003).
7.05.140 Civil penalties.
Repealed by Ord. 06-004. (Ord. 03-083 § 14, 2003).
7.05.150 Cost recovery.
Repealed by Ord. 06-004. (Ord. 03-083 § 15, 2003).
7.05.160 Collection of civil penalties, fees and costs.
Repealed by Ord. 06-004. (Ord. 03-083 § 16, 2003).
7.05.170 Nuisance abatement fund — Authorized.
Repealed by Ord. 06-004. (Ord. 03-083 § 17, 2003).
7.05.180 Violation — Misdemeanor.
Repealed by Ord. 06-004. (Ord. 03-083 § 18, 2003).
7.05.190 Administrative appeals.
Repealed by Ord. 06-004. (Ord. 03-083 § 19, 2003).
7.05.200 Judicial enforcement.
Repealed by Ord. 06-004. (Ord. 03-083 § 20, 2003).
Page 9 of 9
DRAFT
ADVANCE AGENDA
as of August 10, 2023; 11:00 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
August 16, 2023 — CoSV 20th Anniversaty- Spokane Indians Baseball Event
August 22, 2023 Formal Meeting, 6:00 p.m. [due Tue Aug 15]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Motion Consideration: Bid Award — Stormwater Services Contract — Adam Jackson (5 minutes)
3. Motion Consideration: Ridgemont Estates Stormwater Improvement Project
Engineering Design Contract — A. Jackson (5 minutes)
4. Motion Consideration: Change Order, Barker Rd BNSF Grade Sep. Project — Rob Lochmiller (5 minutes)
5. Spokane County Conservation District Presentation — Virginia Clough, Vicki Carter (10 minutes)
6. Admin Report: Signature Event Program — Virginia Clough (10 minutes)
7. Regional Homeless Update — Gloria Mantz (10 minutes)
8. Admin Report: Recording Fee Program Update — Eric Robison, Gloria Mantz (20 minutes)
9. Advance Agenda — Mayor Haley (5 minutes)
10. Info Only: Department Monthly Reports; Fire Dept Monthly Report
[*estimated meeting: 75 mins]
August 29, 2023 Studv Session, 6:00 mm. [due Tue Aug 22]
ACTION ITEMS:
1. Motion Consideration: Opioid Abatement Council -MOU - Tony Beattie, Erik Lamb (5 minutes)
2. Motion Consideration: Council 2024 Budget Goals — Chelsie Taylor, John Hohman (15 minutes)
NON -ACTION ITEMS:
3. 2024 Budget, Estimated Revenues & Expenditures — Chelsie Taylor (10 minutes)
4. Admin Report: Zayo Franchise 23- - Tony Beattie (10 minutes)
5. Behavioral Health Programs — Virginia Clough & Justin Johnson (10 minutes)
6. Advance Agenda — Mayor Haley (5 minutes)
[*estimated meeting: 55 mins]
September 5, 2023 Studv Session, 6:00 p.m. [due Tue Aug 29]
1. First Reading, Zayo Franchise 23- - Tony Beattie (10 minutes)
2. Draft 2024 Legislative Agenda Update — Virginia Clough, Briahna Murray (10 minutes)
3. Admin Report: Park Camera Update — Erik Lamb (10 minutes)
4. Advance Agenda — Mayor Haley (5 minutes)
September 12, 2023, Formal Meeting, 6:00 p.m. [due Tue Sept 5]
Proclamation: Constitution Week
1. PUBLIC HEARING #1, 2024 Budget, Revenues & Property Tax — Chelsie Taylor (10 minutes)
2. Admin Report: TPA 5-year plan and Marketing Service Proposal — Lesli Brassfield (10 minutes)
3. Consent Agenda (claims, payroll, minutes, Motion to set 2024 Budget Hearing for Oct 10) (5 minutes)
4. Motion Consideration: 2024 Legislative Agenda — Virginia Clough (5 minutes)
September 19, 2023 Studv Session, 6:00 p.m. [due Tue Sept 12]
1. Motion Consideration: TPA 5-year plan — Lesli Brassfield (5 minutes)
2. Outside Agency Presentations (1: Social Service Agencies; 2: Eco. Dev Agencies—Chelsie Taylor (-100 minutes)
3. Advance Agenda — Mayor Haley (5 minutes)
Draft Advance Agenda 8/10/2023 3:48:57 PM Page 1 of 2
September 26, 2023 Formal Meeting, 6:00 p.m. [due Tue Sept 19]
1. Proposed Ordinance Adoption 2024 Property Taxes — Chelsie Taylor (5 minutes)
2. Consent Agenda (claims, payroll, minutes) (5 minutes)
3. Admin Report: Advance Agenda — Mayor Haley (5 minutes)
4. Info Only: Department Monthly Reports; Fire Dept Monthly Report
October 3, 2023 Study Session, 6:00 p.m. [due Tue Sept 26]
Proclamation: Domestic Violence Awareness Month
1. City Manager Presentation, 2024 Preliminary Budget — John Hohman (40 minutes)
2. Advance Agenda — Mayor Haley (5 minutes)
October 10, 2023, Formal Meeting, 6:00 p.m. [due Tue Oct 3]
1. PUBLIC HEARING #2, 2024 Budget — Chelsie Taylor (10 minutes)
2. First Reading Ordinance 23-_ Property Tax Ordinance — Chelsie Taylor (10 minutes)
3. Consent Agenda (claims, payroll, minutes) (5 minutes)
4. Admin Report: 2023 Budget Amendment — Chelsie Taylor (10 minutes)
October 17, 2023 Studv Session, 6:00 p.m. [due Tue Oct 10]
1. Advance Agenda — Mayor Haley (5 minutes)
October 24, 2023 Formal Meeting, 6:00 p.m. [due Tue Oct 17]
1. PUBLIC HEARING: 2023 Budget Amendment — Chelsie Taylor (10 minutes)
2. First Reading Ordinance 23-_ Amending 2023 Budget — Chelsie Taylor (10 minutes)
3. Consent Agenda (claims, payroll, minutes) (5 minutes)
4. Second Reading Ordinance 23- Property Tax Ordinance — Chelsie Taylor (10 minutes)
5. First Reading Ordinance 23- Adopting 2024 Budget — Chelsie Taylor (10 minutes)
6. Motion Consideration: Awards to Outside Agencies (Soc Service; Eco. Dev. Agencies)-C.Taylor (15 minutes)
7. Admin Report: Advance Agenda — Mayor Haley (5 minutes)
8. Info Only: Department Monthly Reports; Fire Dept Monthly Report
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
9-1-1 calls (delays, holding, etc.)
ADU
Appleway Trail Amenities
Basement space
Gang Task Force Update
Governance Manual
LTAC Alt Appts
Mirabeau Park Forestry Mgmt.
Park Lighting
Parking, Junk Vehicles, etc.
PFD Presentation
Prosecutor Services
Protection of Utility Infrastructures
SCRAPS
SNAP Financial Assistance
St. O&M Pavement Preservation
Street Scaping, signs, trees, eta.(info)
Transportation Benefit District
Vehicle Wgt Infrastructure Impact
Yellowstone Franchise Agreement
Draft Advance Agenda 8/10/2023 3:48:57 PM Page 2 of 2